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C-3531 - Bridge Seismic Retrofit Analysis
OFFICE OF THE CITY CLERK Leilani I. Brown, MMC October 16, 2012 Mr. David A. Beador Beador Construction Company 26320 Lester Circle Corona, CA 92883 Subject: Bridge Seismic Retrofits - C -3531. Dear Mr. Beador: On October 11, 2011, the City Council of Newport Beach accepted the work for 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 October 18, 2011. Reference No. 2011000519324. The Surety for the contract is Fidelity and Deposit Company of Maryland and the bond number is PRF761880800. Enclosed is the Faithful Performance Bond. Sinc/ee�reelly,,� Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard - Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 - w%vw.city.newport- beach.ca.us CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRIDGE SEISMIC RETROFITS CONTRACT NO. 3531 EXECUTED IN DUPLICATE BOND NO. PRF761880800 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 4,776.00 being at the rate of $ 9.00/$6.60/$6.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Beador Construction Company, Inc., hereinafter designated as the "Principal ", a contract for construction of BRIDGE SEISMIC RETROFITS, Contract No. 3531 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. 3531 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Fidelity and Deposit Company of Maryland duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport Beach, in the sum of Seven Hundred Six Thousand, Thirty -Four and 00/100 Dollars ($706,034.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 48 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has bee kedSige ecuted by the Principal and Surety above named, on the 6th day of October 2010. Beador Construction Company, Inc. (Principal) Author' ure/Title Fidelity and Deposit Company of Maryland Name of Surety Authorized Agent Signature 801 North Brand Blvd., Penthouse Glendale, California 91203 Address of Surety 818 - 409 -2804 Telephone Edward N. Hackett, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF BOTH CONTRACTOR AND SURETY MUST BE ATTACHED .. ACKNOWLEDGMENT .............................................. ...............•............... e.............. State of California County of Or; ss. On October 6, zolo before me, C. Maestas Notary Public, personally appeared Edward N. Hackett ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ure C. MANTAS Commiaelon N 1748898 Notary Public - California Orange County carom. Jul 1.201 1 (seal) ....................................... e.................... ............................... Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION OCT U 6 2010 Thumbprint of Signer Type of Satisfactory Evidence: _ Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee x Power of Attorney CEO /CFO /COO _ President / Vice - President / Secretary / Treasurer Other: Other 51 Check here if no thumbprint or fingerprint is available. 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 FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said mlfany, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the daK�,-� 10 ,o�4ereby nominate, constitute and appoint Edward N. HACKETT and Christine M. MAh pymme It[ornia, EACH its true and lawful agent and Attomey -in -Fact, to make, execute, seal o aI °s illety, and as its act and deed: any and all bonds and undertakings, and t o 1� t�a�isttFh ��s` in pursuance of these presents, shall be as binding upon said f rly JI a'_1V A " tg nd purposes, as if they had been duly executed and acknowledged e� 1 I�cted pony at its office in Baltimore, Md., in their own proper persons. ` j�n1J\ The said Assistant c `certrtlfyfhat the extract set forth on the reverse side hereof is a we copy of Article VI, Section 2, of the By- Llla ?�?fs�a any, and is now in force. IN WITNESS WIdEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed thew names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 9th day of September, A.D. 2010. ATTEST: tiW V r.n.. StateofMaryland �ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary By: Frank E. Martin Jr. Vice President On this 9th day of September, A.D. 2010, before the subscriber, a Notary Public of the State of Maiyland, duly commissioned and qualified, came FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuais and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the carne, 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. S,om /'1 Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 POA-F 012 -0112A ACKNOWLEDGMENT .................. ...................................... ............................... State of Calif nia County of %�f i yCMIGi-(t } ss. On IDI I I 1;;)o IL) before me, IA16L Z - M-(tC1 rC /V1y , Notary Public, personally appeared '_Qgy;C1 A. F, fC ;4" ,who proved to me on the basis of satisfactory evidence to be the person(A) whose name(sj is/are subscribed to the within instrument and acknowledged to me that he /sFie/they executed the same in his /heatheir authorized capacity(), and that by his /pertttteir signatures on the instrument the person(), or the entity upon behalf of which the person() acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. F��IF�45 �,I M IXTLA Z. k1EMIANO Cammlaabn B 1832208 °s Notary Puatk - CatBOrMa Rlwraw County Co m. tno Jan 2 2013 (seal) ............ v . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I Dale of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION /C) (1J� Thumbprint of Signer Type of Satisfactory Evidence: _ Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: _ Trustee _ Power of Attorney _ CEO /CFO /COO President / Vice - President / Secretary / Treasurer Other: Other 6u Check here if no thumbprint or fingerprint is available. OFFICE OF THE CITY CLERK Leilani I. Brown, MMC November 23, 2011 Mr. David A. Beador Beador Construction Company 26320 Lester Circle Corona, CA 92883 Subject: Bridge Seismic Retrofits (C -3531) Dear Mr. Beador: On November 152, 2011, ( the City Council of Newport Beach accepted the work for 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 October 18, 2011, Reference No. 2011000519324. The Surety for the bond is Fidelity and Deposit Company of Maryland and the bond number is PRF761880800. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilani I. Brown, 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 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRIDGE SEISMIC RETROFITS CONTRACT NO. 3531 EXECUTED IN DUPLICATE BOND NO. PRF761880800 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Beador Construction Company, Inc., hereinafter designated as the "Principal," a contract for construction of BRIDGE SEISMIC RETROFITS, Contract No. 3531 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3531 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 Seven Hundred Six Thousand, Thirty -Four and 00/100 Dollars ($706,034.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors; fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. .. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its is under this Bond. IN WITNESS WHEREOF, this instrument has be ul executed by the above named Principal and Surety, on the 5th day of October , 20 �V i d A ftOdCY 91 ye 3 Beador Construction Company, Inc. (Principal) Authorize Sig tu�rerrrittlllee y Fidelity and Deposit Company of Maryland Name of Surety Authorized Agent Signature 801 North Brand Blvd., Penthouse Glendale, CA 91203 Address of Surety 818- 409 -2804 Telephone Edward N. Hackett, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF BOTH CONTRACTOR AND SURETY MUST BE ATTACHED 45 ACKNOWLEDGMENT .............................................•.............. •..................•..........I State of California County of orange } ss. On October 6. 2010 before me, C. Maest, appeared Edward N. Hackett Notary Public, personally ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. re C. MAFSTAs COMM1331on p 1748898 '® Notary Public • Callfarrlla Orange County Comm. JIA 1 ZO1 l (seal) ........................•................................... .........•..........•........., Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION OCT 0 6 2010 Thumbprint of Signer Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO /CFO /COO President / Vice- President / Secretary / Treasurer Other: Other Information: .. ❑ Check here if no thumbprint or fingerprint is available. 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 FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said rtpfvty, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d 1Q o- ereby nominate, constitute and appoint Edward N. HACKETT and Christine M. MAE�C- j ine fir rma, EACH its true and lawful agent and Attomey -in -Fact, to make, execute, seal orffl it o . � 01�as dh�ety, and as its act and deed: any and all bonds and undertakings, and t o � s h R rigs in pursuance of these presents, shall be as binding upon said Compgy �S am I I �I r t nd purposes, as if they had been duly executed and acknowledge by v ted pany at its office in Baltimore, Md., in their own proper persons. G 2 NJ O U % The said Assistant c o�--- t����Eut hat the extract set forth on the reverse side hereof is a true copy of Article Vl, Section 2, of the By- sa CoM any, and is now in force. IN WITNESS OF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 9th day of September, A.D. 2010. ATTEST: 0i; State of Maryland 1 ss: City of Baltimore d FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary V By: Frank E. Martin Jr. Vice President On this 9th day of September, A.D. 2010, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES, 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. pwun„ PDXF 012 -0112A Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 ACKNOWLEDGMENT ....................................................... .....•......•.................. a... e, State of Cajfprnia County of I IV t de } ss. On i d l i la c ID before me, I Y,446L Z Nl-ffl Yn Vt U Notary Public, personally appeared i)n0A A• TFP Ld Gy ,who proved to me on the basis of satisfactory evidence to be the person((05 whose name(8) isAafe subscribed to the within instrument and acknowledged to me that hefsHekhey executed the same in his /her- FNjeir authorized capacity(i,as), and that by hisfherAheir signatures(p) on the instrument the personks), or the entity upon behalf of which the person(g) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. w IXTLA Y. NIEDR ItlD C0mm106100 B 1832209 Rotary Public • CaOrarMa Rlvorelda County Comm. Jan 18 (seal) ........• ..........................•........................ ............................... Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION y0/b / I&D Thumbprint of Signer Type of Satisfactory Evidence: _ Personally Known with Paper Identification Paper Identification Credible Witnesses) Capacity of Signer: _ Trustee ^ Power of Attorney _ CEO /CFO /COO _ President / Vice - President ! Secretary / Treasurer Other: Other 47 Check here if no thumbprint or fingerprint is available, RECEIVED RECORDING REQUESTED BY AND WHEN FEV093fV FXTOJI W TO: City Clerk B OFFICE OF City of NewpFbff M 3300 NeQj%W6albT&bRACH Newport Beach, CA 92663 Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder IIIIIIiIIIIIIIIIIIIIV1119111�IIIVIIIIIIIIIIIIIIIIIIVIIIIIIII�lllllllllllll NO FEE 2011000519324 12:41 pm 10/18/11 276 418 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Beador Construction Company, of Corona, California, as Contractor, entered into a Contract on October 26, 2010. Said Contract set forth certain improvements, as follows: Seismic Retrofit of San Diego Creek Bridges and Goldenrod Pedestrian Overcrossina C -3531 Work on said Contract was completed, and was found to be acceptable on October 11, 2011, 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. Q I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. ,1� Executed on 0 01wr— I -1 �I at Newport Beach, California. i BY &- (L - City Clerk W 1� 1 �{ it t Q �gW PORr O P 9C1 FO nN TO: CITY ( NEW City Council -srarr Kepon Agenda Item No. 5 October 11, 2011 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949- 644 -3311, sbadum @newportbeachca.gov PREPARED BY: Tom Sandefur, P.E. APPROVED: � C- W. TITLE: SEISMIC RETROFIT OF SAN DIEGO CREEK BRIDGES AND GOLDENROD PEDESTRIAN OVERCROSSING - NOTICE OF COMPLETION OF CONTRACT NO. 3531 ABSTRACT: On October 12, 2010, City Council awarded Contract No. 3531 to Beador Construction for a total contract cost of $706,034 plus a 10% allowance for contingencies. The required work in now complete and staff requests City Council accept and close out of the contract. RECOMMENDATIONS: 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. 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. 3. Release the Faithful Performance Bond one year after Council acceptance. FUNDING REQUIREMENTS: Funds for the construction contract were expended from the following accounts: Account Description Account Number Amount Contributions 7251- C5100695 $ 780,758.56 Total: $ 780,758.56 SEISMIC RETROFIT OF SAN DIEGO CREEK BRIDGES AND GOLDENROD PEDESTRIAN OVERCROSSING — NOTICE OF COMPLETION OF CONTRACT NO. 3531 October 11, 2011 Page 2 DISCUSSION: Overall Contract Cost/Time Summary Construction Final Cost at Contingency Actual Contract Time Contract Award Paving Notch and Abutment Cap Repairs $4,666.90 Contract Time Under or Amount Completion Target Change (days) Over $706,034 $780,758.56 10% or less 11% 150 40 The work necessary to complete this contract consisted of abutment backwall retrofits, bent infill walls, new approach slabs, retrofits on the fixed and expansion bents, and wrapping the columns in steel casings. 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: Actual cost of bid items constructed: Total change orders: Final construction contract cost: $706,034.00 706,034.00 74,724.56 $780,758.56 The final construction contract cost was approximately 11 percent above the original bid amount. The additional cost resulted from design changes during construction to account for unanticipated existing conditions. There were eight change orders broken down as shown below: CO # Description Cost 1 Provide Changeable Message Sign for Jamboree Road $10,005.00 2 Paving Notch and Abutment Cap Repairs $4,666.90 3 Joint S all Repair and Additional Joint Seals $29,500.00 4 Additional Rebar for Approach Slab $314.60 5 DELETED - - - -- 6 Replace Sidewalk to Match New Approach Slab $3,500.00 7 S all Repairs to Goldenrod Columns $10.592.46 8 Column Casing Steel Band Revisions $15,180.60 9 DELETED - - -- 10 Additional Joint Sealing Not Included in CCO #3 $965.00 TOTAL $74,724.56 SEISMIC RETROFIT OF SAN DIEGO CREEK BRIDGES AND GOLDENROD PEDESTRIAN OVERCROSSING — NOTICE OF COMPLETION OF CONTRACT NO. 3531 October 11, 2011 Page 3 A summary of the project schedule is as follows: Estimated completion date per July 2010 Schedule: June 28, 2011 Project Award for construction: October 12, 2010 Contract Completion Date Plus Approved Extensions: July 22, 2011 Actual Construction Completion Date: May 31, 2011 ENVIRONMENTAL REVIEW: This project was subject to extensive environmental review and was subject to the following permits. • Coastal Development Permit (California Coastal Commission) • Section 1600 (California Department of Fish and Game) • Section 404 (Army Corp of Engineers) • Section 401 Certification of Water Quality (Regional Water Quality Control Board) • Section 402 (National Pollutant Discharge Elimination System Permits) As a requirement of these permits, the Jamboree Road portion of the project was monitored for water quality and bat roosting behavior impacts. All the required monitoring and documentation was completed. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: Badum s Director A. Location Maps 71 Attachment A LOCATION MAP JAMBOREE ROAD OVER SAN DIEGO CREEK BRIDGE RETROFIT CONTRACT NO. 3531 B YVIEW WAY GPo�- O �Ol�G SP PROJECT LOCATION m O m m a o � 9L /O Q-5� 9 J� J BACK BAY e` 0 J y _t 1 q • OFFICE OF THE CITY CLERK Leilani 1. Brown, MMC October 12, 2011 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following projects: 1 St. James Road and Kings Place Water Main Replacement Project - (C -4775) m Seismic Retrofit of San Diego Creek Bridges and Goldenrod Pedestrian Overcrossing - (C -3531) Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, V "' AAv � Leilani I. Brown, 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 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and T. E. Roberts of Tustin, CA, as Contractor, entered into a Contract on July 12, 2011. Said Contract set forth certain improvements, as follows: St. James Road and Kings Place Water Main Replacement Project - C -4775 Work on said Contract was completed, and was found to be acceptable on October 11. 2011, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is International Fidelity Insurance Company. .P-abfic \NqVs Director City of wport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on ooropgf 12-1 W1( , at Newport Beach, California. BY City Clerk CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 AM. on the 151h day of September, 2010, at which time such bids shall be opened and read for BRiDGE SEISMIC RETROFITS Title of Project Federal Project No. BRLZ -5151 (0.15) Contract No. 3531 $1,700,000.00 Engineer's Estimate ( Aonroved.t 13ffepfien G. Badum Public Works Director The AADPL and UDBE Goal is 12.3% and 6.8 %, respectively. Contractors may obtain Bid Documents, Specifications and Project Drawings for this project by contacting Santa Ana Blue Print at (949) 756 -1001) located at 2372 Morse Avenue, Irvine, CA Contractor License Classification(s) required for this project: "A" ' For further information, call Tom Sandefur, Protect Manager at(949)644-3312 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.Newport8eachCA.gov CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRIDGE SEISMIC RETROFITS CONTRACT NO. 3531 TABLE OF CONTENTS NOTICEINVITING BIDS ............................................ ............................... ..........................Cover INSTRUCTIONS TO BIDDERS .................................................................. ............................... 3 BIDDER'S BOND ......................................................................................... ..............................5 DESIGNATION OF SUBCONTRACTOR( S) ................................................ ............................... 6 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION ....................... ............................... 7 PUBLIC CONTRACT CODE ....................................................................... ............................... 8 PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT ............. ............................... 8 PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE ........ ............................... 8 PUBLIC CONTRACT CODE 10232 STATEMENT ................................ ............................... 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ...................... ............................... 10 NON - COLLUSION AFFIDAVIT ................................................................. ............................... 14 DESIGNATION OF SURETIES ................................................................. ............................... 15 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL .............. 16 ACKNOWLEDGEMENT OF ADDENDA .................................................... ............................... 18 INFORMATON REQUIRED OF BIDDER ...................... .......................................................... 19 DEBARMENT AND SUSPENSION CERTIFICATION ............................... ............................... 21 NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS .... ............................... 22 DISCLOSURE OF LOBBYING ACTIVITIES .............................................. ............................... 24 INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES ........................................ ............................... 25 LOCAL AGENCY BIDDER — UDBE COMMITMENT (CONSTRUCTION CONTRACTS) EXHIBIT 15 -G(1) ......................... ............................... 26 INSTRUCTIONS — LOCAL AGENCY BIDDER — UDBE COMMITMENT (CONSTRUCTION CONTRACTS), EXHIBIT 15 -G(1) ........................ ............................... 27 UDBE INFORMATION — GOOD FAITH EFFORTS, EXHIBIT 15 -H .......... ............................... 28 LOCAL AGENCY BIDDER — DBE INFORMATION (CONSTRUCTION CONTRACTS) EXHIBIT 15 -G(2) ......................... ............................... 30 INSTRUCTIONS — LOCAL AGENCY BIDDER — DBE INFORMATION (CONSTRUCTION CONTRACTS), EXHIBIT 15 -G(2) ........................ ............................... 31 SECTION 2 PROPOSAL REQUIREMENTS AND CONDITIONS ............. ............................... 33 SECTION2 -1.01 GENERAL .............................................................. ............................... 33 SECTION 2 -1.015 FEDERAL LOBBYING RESTRICTIONS ............... ............................... 33 SECTION 2 -1.02 DISADVANTAGED BUSINESS ENTERPRISE ( DBE) ........................... 34 FEDERAL MINIMUM WAGE RATES ........................................................ ............................... 36 NOTICE TO SUCCESSFUL BIDDER ...................................................... ............................... 37 CONTRACT............................................................................................. ............................... 38 LABOR AND MATERIALS BOND ............................................................. ............................... 44 FAITHFUL PERFORMANCE BOND ......................................................... ............................... 50 FEDERAL REQUIREMENTS FOR FEDERAL -AID CONSTRUCITON PROJECTS ................. 54 PROPOSAL.......................................................................................... ............................... PR -1 SPECIALPROVISIONS ........................................................................ ............................... SP -1 I:a CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRIDGE SEISMIC RETROFITS CONTRACT NO. 3531 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 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION PUBLIC CONTRACT CODE STATEMENT & QUESTIONAIRE TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES ACKNOWLEDGEMENT OF ADDENDA INFORMATION REQUIRED OF BIDDER DEBARMENT AND SUSPENSION CERTIFICATION NON LOBBYING CERTIFICATION FOR FEDERAL CONTRACTS DISCLOSURE OF LOBBYING ACTIVITIES UDBE COMMITMENT — EXHIBIT 15 -G (1) UDBE GOOD FAITH EFFORTS — EXHIBIT 15 -H DBE INFORMATION — CONSTRUCTION CONTRACTS — EXHIBIT 15 -G (2) SECTION 2 — PROPOSAL REQUIREMENT AND CONDITIONS PROPOSAL NOTICE TO SUCCESSFUL BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) 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. 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 — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770 -7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. Please note, The Davis -Bacon Wage determinations are available at Federal Wage website: htto://www.qpo.gov/davisbacon/ca.html 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. Contractor's License No. & Classification B' r Signature/Title in Dake� M 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 — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770 -7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. Please note, The Davis -Bacon Wage determinations are available at Federal Wage website: http://wvvw.goo.gov/davisbacon/ca.htmi 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 ". 1,0. 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. Contractor's License No. & Classification alDate - ' CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRIDGE SEISMIC RETROFITS CONTRACT NO. 3531 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of the Total Amount Bid--------------------------------- - - - - -- Dollars ($ 10% of Amount Bid —), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of BRIDGE SEISMIC RETROFITS, Contract No. 3531 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 13th day of Beador Construction Company, Inc. Name of Contractor (Principal) Fidelity and Deposit Company of Maryland Name of Surety 801 N. Brand Blvd., Penthouse Glendale, California 91203 Edward N. Hackett, Attorney -in -Fact _ Address of Surety Print Name and Title 818 -009 -2804 Telephone (Notary acknowledgment of Principal & Surety must be attached) ACKNOWLEDGMENT ..................... ............................•.. a . . . . . s....... a . . . . . a. a. a a. State of California County of Orange ) ss. On _ Public, September 13, 2010 before me, C. Maestas personally appeared Edward N. Hackett Notary ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /ace. subscribed to the within instrument and acknowledged to me that he/& executed the same in his "°r "„Heir authorized ca acit p y(ies), and that by hisfber#tleir signatures(& on the instrument the person(&), or the entity upon behalf of which the person(-) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. natur C. MAESTAS Commission. m 17468" .�® Notary Public • California Orange County Comm. Jtd 1 2011 (seal) ...................... ............................... a........................I OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Xx Power of Attorney CEOICFO /COO President / Vice - President / Secretary I Treasurer Other: Other Thumbprint of Signer Check here it no thumbprint or fingerprint is available. ACKNOWLEDGMENT .......................... am..................... a .................... ....r State of Cali ornia County of _ bm I C% ) ss, On _ Public, before Notary proved to me on the basis of satisfactory evidence to be the person (�7 whose name is /sr'e subscribed to the within instrument and acknowledged to me that FSe /shetltrey exe uted the same in hisiherAh it authorized capacity(igo), and that by his /1;94t air signatures(,�4 on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. .1 1A� A �I IIRLA Z. MEDRANO Commission O 1832209 OM Notary Public . California Riverside County Pj Comm. roe Jan 20 2013 (seal) ................................................ ..............................r OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney _ CEO /CFO /COO _ President / Vice - President / Secretary / Treasurer Other: Other Inform Thumbprint of Signer F1 Check here it no thumbprint or fingerprint is available. 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 FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said mpany, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date fl re Ves hereby nominate, constitute and appoint Edward N. RACKETY and Christine M. 1V1A 4�h p�Iraine tr•b�ornia, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, se�a,rutl. =� o iris' b�t�hal t'as�tfr&y, and as its act and deed: any and all bonds and undertakings, at e su�h by�c,1� �tw_Tat� trigs to pursuance of these presents, shall be as binding upon said Cmp�rly`td am Iu1�Ptatitsand purposes, as if they had been duly executed and acknowledgedy tksr1— klcct� �ti othpany at its office in Baltimore, Md., in [heir own proper persons. v \�J The said Assistantc 0 d oe shEattf hat the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- $a" Cotrnpany, and is now in force. IN WITNESS OF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 9th day of September, A.D. 2010. ATTEST: 0:;_ State of Maryland ss: Ciry of Baltimore l FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary By: Frank E. Martin Jr. Vice President On this 9th day of September, A.D. 2010, before the subscriber, a Notary Public of the State of MbnAand, duly commissioned and qualified, came FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES, 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 . die sane, se:d being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers oftire Ccmt;rmyzforesaid, 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. d „unnryq. POA -F 012 -0112A Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRIDGE SEISMIC RETROFITS CONTRACT NO. 3531 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 Contractors 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: �C 1 dtZrl7 U/7 S Phone: State License Number: qog> Name: 1rVWa4zLc, -C Address: (2c 1.0 3fi,2 Phone: _ � , s �(]"7j It Gloom, State License Number: Name: Address: r _ Phone: State License Number: I N I A, .ra 111 ►_ /. L� Aut e i nat reff e t�'tv�d,�.td 6 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder V-)@adDf CQ��YICCNY \l7(AYII�,�nC -- , proposed subcontractor , hereby certifies that he has J , has not _, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60- 1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60 -1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60- 1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Deo rt ent of Labor. By: Date: q 13 P,-) I Name: 1 v1 CA 01C Title: By: Date: Ct �11-5l DO to Name.1 A. lt)C Title: Please note: Corporations must complete and sign both places above Even if each office is held by the same individual. 7 PUBLIC CONTRACT CODE Public Contract Code Section 10285.1 Statement In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has _ , has not ✓ been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provide e above Statement is part of the Proposal. Signing this Proposal on the signature portio �reof shall also constitute signature of this Statement. Bidders are cautioned that maki alse certification may subject the certifier to criminal prosecution. By: Date: 13 2)bll7 Name. A ns- Title: _c Public Contract Code Section 10162 Questionaire In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No f If the answer is yes, explain the circumstances in the following space. W Public Contract Code 10232 Statement In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. M Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution, 1 Date: 1�Ign to Name: - WAVOA.BfnC:_ Title: C ft -lt✓1ff �k 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRIDGE SEISMIC RETROFITS CONTRACT NO. 3531 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. 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 p� "DN9,pob4 Project Description 'K+e- WU K I aVXktt 1Zf n HM lk Uy-e)V 9 Approximate Construction Dates: From CJ To: i flTt��(_ Agency Name �x�t1 l�►�S Contact Person �/ I (� Q Telephone 061l) Original Contract Am nt Final Contract Amount $ TIe2, -e� If final amount is different from original, please explain (change orders, extra work, etc.) In V i'E� 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. CIA 10 No. 2 Project Name /Number 12' OY -QL �- Project Description f—_2)5 - AMA NeAa1� Approximate Construction Dates: From To: �I aO i0 Agency Name _(C4t�+Y7fn Contact Person Telephonea7 l Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name /Number VQC.001 ;3W` Project Description vo�,j(A LtbL Approximate Construction Dates: From 41,300 To: An I2%)[1� Agency Name Contact Person LN N�'( DS Telephone Original Contract Amount $_Final Contract Amount $ T.P3 a . 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. LAD 11 No. 4 Project Name /Number Project Description Approximate Construction Datess: From Pbplo To: In C➢ff�Yf`�S Agency Name LIMO , Lk Y%C A� Contact Person OCIkLil -M[k�n_Telephone (1141= o�l -` :`? Original Contract Amount $54t Final Contract Amount $ -T-T D. If final amount is different from original, please 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 1 Project Name /Number �QrIID11 t Project Description Approximate Construction Agency Name • 6 2 Contact Person l uVYii-1 o u. n v Telephone (1,(S2b49aF -P.SLy Original Contract Amount $95= Final Contract Amount $� If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 12 No. 6 I Project Name /Number C��- OSsS(�4 Project Description Approximate Construction Dates: From 0_-J�7� To:�gl' 117 Agency Name eayoc nS �1 Contact Person , pm &Awyclo Telephone PlQ (rQ -cat D4 Original Contract Amount Final Contract Amount $ I If final amount 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. Akl-Gt{.hTJ Upon request, the Contractor shall attach a fin I s tement and other information sufficiently comprehensive to permit an appraisal of the Con at is urrent financial conditions. iii A�, ��s, �• is] j as 'Beador Construction V. Iic- Jeffrey Barglowski Current Position: Work Experience: Vice President of Operations Beador Construction Company, Inc. 2007 — Present VP of Operations 2002 —2006: Superintendent Supervised: 10 to 40 man crews Job sizes: 1 to 50 Million Dollars 26320 Lester Circle Corona, CA 92883 Beador Construction Banshee Construction Jeffrey Barglowski is familiar with all phases of public works, including traffic control, safety, asphalt paving, concrete work, bridge building and all phases of restoration. Mr. Barglowski has responsibility for crews across multiple disciplines with a keen focus on completing projects on time and within budget. Special Certifications: Cal OSHA Certified Major Projects: 241 - Laguna Hills Toll Road 08- 472304 — Caltrans, Beaumont — Rte 10/60 Separation and Widening Disney — Construction and Remodeling 283201 Lester CircIP ® Corona, CA 92833 a (959) 674 -7332 m Fax (959) 674 -7595 s License #720483 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRIDGE SEISMIC RETROFITS CONTRACT NO. 3531 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of & &t8df'.) ll VI ry�1[i�( being first du sworn, deposes and says that he or-spe is Vf-eticAtOA 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, organizatigfl bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I I declare under penalty of perjury of the laws of the S Lrr' lifornia that the foregoing is true and correct. mCYMii,,ln(c maces h� Bidder — `- Signature Mtle Subscribed and sworn to (or affirmed) before me on this 13 day of S�_ —, 2010 by "DQV10\ A , personally known to me or proved to me on the basis of satisfactory evidence to be the person(,�4 who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. A At , Notary Publi (SEAL) Le IXTLA L MEDRAND Commleubli 1832209 3288 M Commission Expires: I x013 Notary Public • Cetlfomle y p RIM81410 County My Comm. IresJon A 219 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRIDGE SEISMIC RETROFITS CONTRACT NO. 3531 DESIGNATION OF SURETIES Bidders name Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond type): sC�) a b-dMt,00P 66,o�O 54CL) IrviMOA g2-UR q4q-Sa 5- b1fq n 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRIDGE SEISMIC RETROFITS CONTRACT NO. 3531 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Record Last Five (5) Full Years Current Year of Record he information required for these items is the same as required for columns 3 to 6, Code 10, ccupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. MCI Current Record Record Record Record Record Yearof for for for for for Record 2009 2008 2007 2006 2005 Total 2010 Jo. of contracts 3 I O -2 Total dollar amount of contracts (in Thousands of $ 43'nu) a-zrv-)D zaaL25,az sto. of fatalities () U Jo. of lost Norkday Cases I I O 5 Q Jo. of lost vorkday cases nvolving >ermanent ransfer to another job or ermination of am to meat he information required for these items is the same as required for columns 3 to 6, Code 10, ccupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. MCI Legal Business Name of Bidder ( n` 11 lr--Fl l ilYYl 11 �1 [. Business Address: _ IfP . f 2g65 Business Tel. No.:[� State Contractor's License No. and Classification: Title,I)aVl�`A lCf�E The above information was compiled from the records that are available to me at this time and I declare under penalty pf 1p .ury that the information is true and accurate within the limitations of those records. //I I/ V Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of.partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 17 -�I. t. _ -•ii it Tt�f "i" r_r, n.I i. I -,_i i1 fZJ- ,fLl_r "1i l".l lJ _n,t_I I_nj ri- " {1tnl ;llJl�r�i i�- rl -'1"Ll Lj--j ,j J L 7 t" = State of California r County V�tSICI� a r of On 01b61,9610 before me, Ixtla Z. Medrano, Notary Public C Dale Name and Title of Officer Personally appeared )19 V Ili A 12)Py_A6f 1 L NameW of Signer Lill C Who proved to me on the basis of `] C' satisfactory evidence to be the personSsj whose C' L name( Is /are subscribed to the within instrument ., L and a knowledged to me that hebaliekhey executed the same in his /herkheir authorized -' [ capacity(ieX, and that by his /herkhcir L signature on the instrument the person) II(TLA 2. A9EDRANO a, the enlil upon behalf of which the erson y p acted, the instrument. Commission 0 1832209 executed [ L $ : Notary Public - California I certify under PENALTY OF PERJURY under the [" Riverside Cou mY laws of the Slate of California that the foregoing 7 Comm. E] Tres Jan20 2013+ paragraph is true and correct. r' r' r' f t t r; ry r' t L C t' L i Place Notary Seal Above 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: U1 0 7426C 1 f Document Date: �I31,I Number of Pages: Signer(s) Other Than Named Above: Signer's Name: VI A. _Individual li/ jj f`li'r (Corporate Officer Title(h): 1 ante _Partner- Limited _Ge(fiieral —Attorney-in-Fact _Trustee _Guardian or Conservator Other: Signer's Name: _Individual _Corporate Officer Title(s) —Partner--Limited—General _Attorney -in -Fact _Trustee _Guardian or Conservator Other: Signer is Representing: LJ I. I -L r t I L t I k, l, 1,- I L, —L C I r, t L �-L l 11_ t t r ,-, ,J -i - ,1 L_ ) "' ,, I= L I -I I L. I t 1 i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRIDGE SEISMIC RETROFITS CONTRACT NO. 3531 ACKNOWLEDGEMENT OF ADDENDA GAIld The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: in CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRIDGE SEISMIC RETROFITS CONTRACT NO. 3531 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: (In6nfl�Di �YIC Business Address: Telephone and Fax California State Contractor's License No. and Class: (REQUIRED AT TIME OF AWARD) Original Date Issued: 3 qI o Expiration Date: -7131 k ll List the name and title p/ osition of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone _! 1 .....al. Corporation organized under the laws of the State of 19 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; N 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 individfu or labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes o' Are any claims or actions unresolved or outstanding? Yes 20 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. MAIN! �Is'. l •�� .1,11..1 :..- (PrinY�h =e�of Owner or President of C at on /Company) Ti le ( p'" q`13 Iabl(D Date Subscribed and swom to (or affirmed) before me on this__L�� day of _,2010 by aVd A . E?t06N personally known to me or proved to me on the basis of satisfactory evidence to be the person(�4 who appeared before me. IXTLA Z. MEORAN0 Commleslon 0 1832209 Not Public 'o dotary Public • California Rlueralde County Comm. Expires Jan 20 013 [SEAL] My Commission Expires: 21 DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he /she or any other person associated therewith in the capacity of owner, partner, director, officer, manager: is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. f-,iI� Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. P�I (A Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification �f the Proposal. Signing this Proposal on the signature portion thereof shall also constitute si re of this Certification. 0 Name: 1)AVmA. t?ff1[kc Title: Af r dtn} Exceptions: �I 22 Date: �I 113 20117 NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub - recipients shall certify and disclose accordingly. 23 DISCLOSURE OF LOBBYING ACTIVITIES In -i 1 Pi[ 11�1111Vu.7 Wj&MEvino-ln MIkLc Am I WA I II 1 1. Type of Federal Action: ® a. contract b. grant c. cooperative agreement d. loan e. loan guarantee f. loan insurance 2. Status of Federal Action: [0a. bid /offer /aoolication b. initial award c. post -award 4. Na re and Addre of R ortin Entity � QG �Gn,Ardee Inc Prime Subawardee 3 �Q1 vj1- �'e/�,r Cr. Tier _ , if known )YSI c[,cA- 2 .JU s Congressiona District, if known 6. Federal Department/Agency: 'FONA 8. Federal Action Number, if known: 3. Report Type: El a. initial b. material change For Material Change Only: year_ quarter_ date of last report 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: r-J lP, Congressional District, if known 7. Federal Program Name /Description: CFDA Number,iff applicable 9. Award Amount, if known: N IR f') IP, 10. a. Name and Address of Lobby Entity b. Individuals Performing Services (including (If individual, last name, first name, MI) address if different from No. 10a) (last name, first name, MI) NIA (attach Continuation Sheet(s) if necessary) 11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) $ I1 actual ❑ planned a. retainer b. one -time fee 12. Form of Payment (check all that apply): c. commission Ba. cash d. contingent fee b. in -kind; specify: nature e deferred value I. other, specify 14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11: (attach Continuation Sheet(s) if nec 15. Continuation Sheet(s) attached: Yes 11 No nk, 16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of Signature: lobbying reliance was placed by the tier above when his ��r�y, �/ transaction was made or entered into. This disclosure is print Name:.l IVW(� 1JA required pursuant to 31 U.S.C. 1352. This information will be reported- to Congress semiannually and will be LI available for public inspection. Any person who fails to Title: Rie 1 flle the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than Telephone $100,000 for each such failure. Federal Use Only: 24 Authorized for Local Reproduction Standard Form - LLL Standard Form LLL Rev. 09 -12 -97 INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for Influencing or attempting to Influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and /or has been secured to influence, the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow -up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the dale of the Iasi, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks ". Subawardee" then enter the full name, address, city, state and zip code of the prime Federal recipient- Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example. Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number;(he application /proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP -DE -90 -001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, eater the Federal amount of the awardAoan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. (b) Enter the full names of the individual(s) performing services and include lull address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in -kind contribution, specify the nature and value of the in -kind payment. 11 Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheel(s) is attached. 16. The certifying official shall sign and dale the form, print his /her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed. and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348- 0046), Washington, D.C. 20503. SF -LLL- Instructions Rev.06- 04- 90.ENDIFn 25 LOCAL AGENCY BIDDER — UDBE COMMITMENT (CONSTRUCTION CONTRACTS) EXHIBIT 15 -G(1) NOTE: O�F THIS FORM 1PLEASE REFER TO INSTRUCTIONS ON THE REVERSE (SIDE GENCY:1 I IU LP OT LOCATION: IS�.- C) PROJECT - -- DESCRIPTION: C/1 nI(',�� J TOTAL CONTRACT AMOUNT: $ iou I O . ob BID DATE: "yyt �I51abl0 BIDDER'S NAMEZf:f d(XG `lam t aA t 0�m 1D- I nc–. CONTRACT UDBE GOAL: ITEM OF WORK AND DESCRIPTION OR SERVICES TO BE SUBCONTRACTED OR MATERIALS O BE PROVIDED CerL No. of UDBE AND EXPIRATION DATE NAME OF UDBEs Must be certified on the date bids are opened - include UDBE address and pbone number CONTRACT DOLLAR AMOUNT ITEM NO. UDBE . •tC O.N ITO Y For Local Agency to Complete: Local Agency Contract Number: Federal Aid Project Number: Federal Share: Total Claimed Participation $�1� — f -lLl�% Contract Award Date: West Agency certifies iliac all information is complete and accurate. Print Name Signatue Date Local Agency Representative (Area Code) Telephone Number: Sig ur der " n j p'_ 0 ��(V U lJ I Dale c(Area Code) Tel. No. Person to Contact (PhhaseType or Print) Local Aeengy Bidder- UD13EConniuncnt.(Rev 3i09) For Caltrans Review Print Name Signature Caltrans District Local Assistance Engineer Date Distribution: (1) Copy –Fix or scan a copy to the Caltrans District Local Assistance. Engineer (DLAE) within 15 days of award. Failure to send a copy to the DLAE within 15 days of award may result in de- obligation of funds for this project. (2) Copy -- Include in award package to Caltrans. District Local Assistance- (3) Original – Local agency files 26 FROM --t jc-t_^ (WED)SEP 15 2010 9:37 /ST. 3:32/NO. 7500000943 P 1 DATE: 9 /15/10 American Steel Placers 9 Into Rein forcing Southern California 603 S. Armwhmd Ave. San Bernardino, Ca 92408 Ph. (909) - 884 -6031 Fax (909) 884-6032 Uceose No. 568513 Exp. 9/2010 CERTIFIED UDBE, SEE, MBE CERTIFICATION # 33825 CUSTOMER: BEADOR CONSTRUCTION 951474 -7495 PROJECT: NEWPORT BEACH RETROFIT JOB SCOPE: FURNISH & INSTALL REINFORCING STEEL Exclusions: Hoisting hours. hook time with crane, fork lift, site work, furnishing or welding of rebar to structural or miscellaneous steel, drilling, burning or punching of holes in structural steel, trim reinforcing at mechanical or pluming openings not shown on drawings listed herein, construction joints not shown on drawings listed herein, drilling or grouting and or bonding of bars, greasing, painting, wrapping or sleeving of bars, cleaning, cutting or bending of existing steel, smooth round bars, sleeves, studs, bolts, inserts, precast concrete reinforcement, field bending of break -out dowels, cost of bonds, permits, or liquidated damages, reworking of steel displaced by others, work or specifications on drawings not listed herein and work performed outside normal working hours. Any safety related courses related to this project. Note: Exclude insurance requirements in excess of $2,000,000 per incident. BOND RATE 1.5 % General Conditions: General Contractor to provide, at no cost to American Steel Placers, the following: Lines, grades, templates and racks for temporary support of reinforcing bars, layout other than clearances and center to center spacing of bars, field measurements as required, testing and inspections, adequate access for delivery, storage & staging adjacent to point of installation, safety protection of exposed rebar, street use permits, traffic control, man/material hoist as required by codes or practice, scaffolding , sanitary facilities and drinking water, trash bins, safety railings and floor opening coverings, parking for A.S.P employees, hoisting/ and or lowering of reinforcing materials to be installed. Two set of current construction documents. Weather protection of jobsite and material. ITEM DESCRIPTION UNIT QUANTITY REBAR JAMBOREE (F -S) LB REBAR (BRIDGE) GOLDENROD POC (F -S) LB APPROACH SLAB (TYPE ED) JAMBOREE(F) C.Y TOTAL BID PRICE NOTE PRICE IS GOOD FOR 30 DAYS 69,016 1,983 93 UNIT PRICE TOTAL $0.724 $49,967.58 $2.000 $3,966.00 $237.860 $22,120.98 TOTAL: $76,054.56 This document contains all information pertaining with solicitations made on behalf of /for Beador Construction Company, Inc. of Corona, California by DBE Goodfaith Inc. (a California -based Corporation). These solicitations have been done in good faith. DBE Goodfaith has participated with Beador Construction Company, Inc. in communicating with selected UDBE firms. DBE Goodfaith has contacted the California Department of Transportation (Office of Civil Rights) on 09/1012010 on your behalf. Please write this information on the appropriate forms if required. Page 1 / 10 Y DBE Goodfaith Inc. Good Faith Transaction Log , Bid Date Company Details Company Name Beador Construction Company, Inc. Department Contract Administration Address 26320 Lester Circle Suite # City Corona State California Zip 92883 Phone # 951- 674 -7352 Fax # 951- 674 -7495 Email # sunny.lopez @beador.com This document contains all information pertaining with solicitations made on behalf of /for Beador Construction Company, Inc. of Corona, California by DBE Goodfaith Inc. (a California -based Corporation). These solicitations have been done in good faith. DBE Goodfaith has participated with Beador Construction Company, Inc. in communicating with selected UDBE firms. DBE Goodfaith has contacted the California Department of Transportation (Office of Civil Rights) on 09/1012010 on your behalf. Please write this information on the appropriate forms if required. Page 1 / 10 Solicitation Transaction Log (STL) Bid # 3531 Bid Date 0911512010 Bid Description San Diego Creek Bridges - Jamboree Road Bridge & Goldenrod Ave CDC This document contains all information pertaining with solicitations made on behalf of /for Beador Construction Company, Inc. of Corona, California by DBE Goodfaith Inc. (a California -based Corporation). These solicitations have been done in good faith. DBE Goodfaith has participated with Beador Construction Company, Inc. in communicating with selected UDBE firms. DBE Goodfaith has contacted the California Department of Transportation (Office of Civil Rights) on 09/1012010 on your behalf. Please write this information on the appropriate forms if required. Page 1 / 10 DBE Goodfaith Inc. Good., .ith Transaction Log Total Companies Solicited The following information is a summary of the different types of Business that have been solicited by DBE Good Faith Inc. on behalf of Beador Construction Company, Inc. DVBE (Disadvantaged Veteran Business Enterprises) - 0 DBE (Disadvantaged Business Enterprises) . 0 UDBE (Underutilized Disadvantaged Business Enterprise) - 23 MBE (Minority Owned Business Enterprises) - 0 WBE (Women Owned Business Enterprises) - 0 SBE (Small Business Enterprises) - 0 Total - 23 Page 2 / 10 DBE Goodfaith Inc. Goode nth Transaction Log Minority Focus Journal Ad posted to website www.dbegoodfaith.com on 09/10/2010 at 4:27PM Focus Ad Beador Construction Company, Inc. is Seeking Qualified Bid Due Date : 09/15/2010 at 10:00 A.M Bid No : 3531 Contact Estimator : David Beador Project Name Bridge Seismic Retrofits Agency Name City of Newport Beach Project City Newport Beach Project County Orange Project State California Project Details San Diego Creek Bridges - Jamboree Road Bridge 8 Goldenrod Ave CDC Contact Details David Beador 26320 Lester Circle Corona, California 92883 951- 674 -7352 PLL14 951 - 674 -7495 We are an equal opportunity employer. The plans and specs are available for your review at our office. Bonds will be required from qualified subcontractors. Page 3 / 10 DBE Goodfaith Inc. Goody ith Transaction Log Minority Trade Journal Ad posted to wrebsite trade.dbegoodfaith.com on 09/10/2010 at 4:27PM Trade Journal Ad Beador Construction Company, Inc. is Seeking Qualified Bid Due Date: 0911512010 at 10:00 AM Bid No: 3531 Contact Estimator: David Beador Project Name Bridge Seismic Retrofits Agency Name City of Newport Beach Project City Newport Beach Project County Orange Project State California Project Details San Diego Creek Bridges - Jamboree Road Bridge & Goldenrod Ave CDC Contact Details David Beador 26320 Lester Circle Corona, California 92883 951- 674 -7352 951- 674 -7495 UDBE We are an equal opportunity employer. The plans and specs are available for your review at our office. Bonds will not be required from qualified subcontractors. Page 4 / 10 DBE Goodfaith Inc. Good r 'Ah Transaction Log Recipient List (Fax /Email) Company Name /Specialty Fax Date Email Date Log Page# A TO 2 BUILDING, INC.,TORRANCE,CA,Highway, Street, and Bridge 09/1012010 09/10/2010 (dress -921 W 223RD STREET lone - 3103200009, Fax - 3103200309, Email - nhan @atozbuilding.com ;CU CONSTRUCTION,PERRIS,CA,Highway, Street, and Bridge O9/10 /2010 09/10/2010 instruction idress - 23135 BETTY ROAD lone - 7146414730, Fax - 9516578281, Email - accu @accuconst.com )VANTEC CONSULTING ENGINEERS INC,DIAMOND BAR,CA,Traffic 09/10/2010 09/10/2010 igineer (dress- 21700 COPLEY DRIVE, SUITE 350 lone - 9098606222, Fax - 9098606722, Email - leolee @advantec-usa.com TECH CONSTRUCTION CO., INC.,BUENA PARK,CA,Conuete Contractor 09/10/2010 09/10/2010 (dress - 6980 ARAGON CIRCLE, UNIT #5 lone - 7149042686, Fax - 7145520302, Email - bitech_ben @yahoo.wm J P ENGINEERING, INC.,WEST COVINA,CA,Structural Engineer 09/10/2010 09/10/2010 ]dress - 100 NORTH BARRANCA #860 lone - 6269668200, Fax - 6269668255, Email - mjervis @djpengineering.wm ;N CORPORATION,SAN MARCOS,CA,Concrete Contractor 09/10/2010 09110/2010 (dress -2123 SEA ISLAND PLACE lone - 6192534247, Fax - 7605987226, Email - dcnconstruction @yahoo.com ;N CORPORATION,SAN MARCOS,CA,Highway, Street, and Bridge 0911012010 09/10/2010 instruction (dress - 2123 SEA ISLAND PLACE lone - 6192534247, Fax - 7605987226, Email - dcnconstruction @ yahoo.com ?AN D CHIANG,SAN DIEGO,CA,Structural Engineer 09110/2010 09/10/2010 (dress - 9913 LEAVESLY TRAIL lone - 6195178678, Fax - 6193289905, Email - dean @locolama.com & F CONCRETE CUTTING, INC.,SANTA ANA,CA,Concrete Contractor 09110/2010 09/10/2010 (dress - 1006 E. CHESTNUT AVENUE lone - 7146480397, Fax - 8886244361, Email - r.ferguson @gfconcretecufting.wm JLDEN SUN CONSTRUCTION, INC,LAGUNA HILLS,CA,Highway, Street, 09110/2010 09/1012010 id Bridge Construction (dress - 25371 MUSTANG DRIVE lone - 9493809797, Fax - 9493809707, Email - gscon @cox.net ! TRAFFIC ENGINEERING, INC,TUSTIN,CA,Traffic Engineer 09/1012010 09/10/2010 idress - 1442 IRVINE BLVD., SUITE 235 lone - 7148322116, Fax - 9492665875, Email - khsu @k2traffic.wm T K CONCRETE, INC., NORWALK,CA,Concrete Contractor 09/10/2010 09110/2010 ]dress - 15527 SEAFORTH AVENUE lone - 5629269113, Fax - 5629262477, Email - yraso @msn.mm T K CONCRETE, INC.,NORWALK,CA,Highway, Street, and Bridge 09/1012010 0911012010 instruction idress - 15527 SEAFORTH AVENUE lone - 5629269113, Fax - 5629262477, Email - yraso @msn.wm JK CONSTRUCTION, INC.,POMONA,CA,Concrete Contractor 09/10/2010 09110/2010 idress - 2766 POMONA BLVD., lone - 8006981645, Fax - 9095946169, Email - plawrence @mjkmnstruction.com kCRIM ENGINEERING ,ANAHEIM,CA,Structural Engineer 09110/2010 0911012010 /dress - 233 W. CERRITOS AVENUE, lone - 7146830470, Fax - 7146830460, Email - pliu @pacrimengineering.wm NA STRUCTURAL ENGINEERING ,REDONDO BEACH,CA,Structural 09110/2010 No Mail igineer idress - 2218A MARSHALLFIELD LANE lone - 3105169300, Fax - 3193726944, Email - structure @roadrunner.mm 21ORITY ENGINEERING, INC.,TORRANCE,CA,Traffic Engineer 09/10/2010 09/10/2010 idress - 23084 MAPLE AVE. lone - 8004755557, Fax - 8667862519, Email - info @priodtyeng.wm 4FE GUARD FENCE,NORCO,CA, Fencing Contractor 09110/2010 09110/2010 Page 5 / 10 DBE Goodfaith Inc. Good, ith Transaction Log 9496787331, Fax - 9098228055, Email - .safeguardfence @sbcglobal.net BAY CONSTRUCTORS,LONG BEACH,CA,Reinforcing Steel 09110/2010 09/1012010 for - 5199 E. PACIFIC COAST HIGHWAY SUITE 201 5624941855, Fax - 5624941866, Email - gbarton @southbayconstructors.com TH CENTRAL IRON, INC.,LONG BEACH,CA,Stwctural Steel Contractor 09110/2010 0911012010 ass. - 645 CHESTNUT AVENUE #212 e - 2132703029, Fax - 5625908848, Email - sciinc2007 @aol.wm ENGINEERING,LAKE FOREST,CA,Structural Engineer 09/1012010 0911012010 ass - 26212 DIMENSION DRIVE, SUITE 240 e - 9497704415, Fax - 9497704416, Email - samirazizi @sraengineeringinc.com R PAVING CORPORATION,SAN DIEGO,CA,Concrete Contractor 09/10/2010 No Mail ass - 2385 -A CACTUS ROAD - 6196611612, Fax - 6196616442, Email - -EWIDE CONCRETE PUMPING, INC.,SAN FRANCISCO,CA,Slmctural 09110/2010 09110/2010 Contractor ass - 159 VALMAR TERRACE ie - 4152409686, Fax - 4158595851, Email - tyroneanthonyevans @yahoo.com E STEEL INDUSTRIES, INC,LOS ANGELES,CA,Structural Steel 09/10/2010 09110/2010 rector ass - 1744 INDUSTRIAL WAY ie - 3237801212, Fax - 3237801717, Email - royfkim @gmail.com BROWN WELDING, INC,RIALTO,CA,Structural Steel Contractor 0911012010 0911012010 ass - 1485 SOUTH WILLOW AVENUE �e - 9094217990, Fax - 9095980899, Email - info @wcbrownwelding.com Page 6 / 10 DBE Goodfaith Inc. Goodj' '.th Transaction Log Recipients Phone Log 1 Date: 09/10/2010 Company Details Spoke to Date /Time Y /M /N TO Z BUILDING, INC. ORRANCECA,Highway, Street, and Bridge 09/13/2010 )onstruction Veronica 01:04P.M M ✓lay be interested, resent fax upon request. The estimator will have a look at the fax and will send fax quote before the )id date if interested. :CU CONSTRUCTION,PERRIS,CA,Highway, Street, and Britlge Construction Voicemail 09/13/2010 M 01:48 P.M )y be interested, left a voicemail with all the project details. )VANTEC CONSULTING ENGINEERS INC,DIAMOND BAR,CA,Traffc Engineer Voicemail 09113/2010 M 01:51 P.M )y be interested, left a voicemail with all the project details. TECH CONSTRUCTION CO., INC.,BUENA PARK,CA,Concrete Contractor Voicemail 09/13/2010 M 01:52 P.M )y be interested, left a voicemail with all the project details. 1 P ENGINEERING, INC.,WEST COVINA,CA,Structural Engineer Voicemail 09113/2010 M 02:02 P.M )y be interested, left a voicemail with all the project details. ;N CORPORATION,SAN MARCOS,CA,Concrete Contractor Voicemail 0911312010 M 02:09 P.M )y be interested, left a voicemail with all the project details. :N CORPORATION,SAN MARCOS,CA,Highway, Street, and Bridge Voicemail 09113/2010 M instruction 02:09 P.M )y be interested, left a voicemail with all the project details. ?AN D CHIANG,SAN DIEGO,CA,Structural Engineer Estimator 09/13/2010 N 02:11 P.M ), not bidding. Not interested in this project. & F CONCRETE CUTTING, INC.,SANTA ANA,CA,Concrete Contractor Greg 09113/2010 Y 02:12 P.M is, will be bidding this project. Will fax a quote before bid date. )LDEN SUN CONSTRUCTION, INC,LAGUNA HILLS,CA,Highway, Street, and Estimator 09113/2010 N idge Construction 02:16 P.M ), not bidding. Not interested in this project. TRAFFIC ENGINEERING, INC,TUSTIN,CA,Traftic Engineer Estimator 09113/2010 N 02:18 P.M ), not bidding. Not interested in this project. T K CONCRETE, INC., NORWALK,CA,Concrete Contractor Disconnected 09113/2010 M 02:19 P.M sconnected, called a second time to ensure number was dialed correctly. In fact, line is disconnected. T K CONCRETE, INC., NORWALK,CA,Highway, Street, and Bridge Disconnected 09/13/2010 M instruction 02:19 P.M soonnected, called a second time to ensure number was dialed correctly. In fact, line is disconnected. JK CONSTRUCTION, INC.,POMONA,CA,Concrete Contractor Ben 09113/2010 N 02:19 P.M ), not bidding. Not interested in this project. )CRIM ENGINEERING Engineer Disconnected 09/13/2010 M ,ANAHEIM,CA,StructumI 02:20 P.M sconnected, called a second time to ensure number was dialed correctly. In fact, line is disconnected. NA STRUCTURAL ENGINEERING,REDONDO BEACH,CA,Structural Engineer Disconnected 09/13/2010 M 02:21 P.M sconnected, called asecond time to ensure number was dialed correctly. In fact, line is disconnected. 2IORITY ENGINEERING, INC.,TORRANCE,CA,Traffic Engineer None 09/1312010 M 02:21 P.M )y be interested, however, we were unable to leave a message. Unable to connect to their answering system. )FE GUARD FENCE,NORCO CA, Fencing Contractor Voicemail 09/13/2010 M 02:23 P.M )y be interested, left a voicemail with all the project details. )UTH BAY CONSTRUCTORS, LONG BEACH,CA,Reinforcing Steel Contractor Voicemail 09113/2010 M 02:23 P.M )y be interested, left a voicemail with all the project details. Page 7 / 10 DBE Goodfaith Inc. Good( 'th Transaction Log )UTH CENTRAL IRON, INC_LONG BEACH,CA,Structural Steel Contractor Voicemail 02:28 P:M° M ry be interested, left a voicemail with all the project details. ;A ENGINEERING,LAKE FOREST,CA,Stmctural Engineer Voicemail 09113/2010 M 02:28 P.M iy be interested, left a voicemail with all the project details. 'AR PAVING CORPORATION,SAN DIEGO,CA,Concrete Contractor None 09/13/2010 M 02:32 P.M iy be interested, however, we were Unable to leave message - no answer. 'ATEWIDE CONCRETE PUMPING, INC.,SAN FRANCISCO,CA,Structural Steel Voicemail 09/13/2010 M ,ntractor 02:32 P.M iy be interested, left a voicemail with all the project details. IITE STEEL INDUSTRIES, INC,LOS ANGELES,CA,Structural Steel Contractor James 09/1312010 M 02 :36 P.M iy be interested, resent email upon request. They will reply if interested. C BROWN WELDING, INC, RIALTO,CA,Stmctural Steel Contractor Joel 0911312010 M 02:39 P.M iy be interested, He will take a look at the project and submit a quote before bid date. Page 8/ 10 DBE Goodfaith Inc. Good '.ith Transaction Log Recipients Phone Log 2 Date: 09/1412010 Company Details Spoke to Dale /Time Y /M /N 4 TO Z BUILDING, INC.,TORRANCE,CA,Highway, Street, and Bridge Veronica 09/14/2010 N - onstruction 09/14/2010 N 02:14 P.M 02:09 P.M 4a, not bidding this project. idge Construction J P ENGINEERING, INC.,WEST COVINA,CA,Structural Engineer 4CCU CONSTRUCTION, PERRIS,CA,Highway, Street, and Bridge Construction Dennis 09114/2010 N 02:10 P.M Vo, not bidding this project. 1K CONSTRUCTION, INC.,POMONA,CA,Conaete Contractor -N CORPORATION,SAN MARCOS,CA,Concrete Contractor )VANTEC CONSULTING ENGINEERS INC,DIAMOND BAR,CA,Traffic Engineer Estimator 09/14/2010 N 02:12 P.M not bidding this project. 05:49 P.M & F CONCRETE CUTTING, INC.,SANTA ANA,CA,Concrete Contractor Dan TECH CONSTRUCTION CO., INC.,BUENA PARK,CA,Concrete Contractor Estimator 09/14/2010 N 02:14 P.M not bidding this project. 09/13/2010 N idge Construction J P ENGINEERING, INC.,WEST COVINA,CA,Structural Engineer Voicemail 09/14/2010 M 02:19 P.M ay be interested, left a voicemail with all the project details. In fact, line is disconnected. 1K CONSTRUCTION, INC.,POMONA,CA,Conaete Contractor -N CORPORATION,SAN MARCOS,CA,Concrete Contractor Estimator 09/14/2010 Y 02:21 P.M :s, will bid. Will send fax quote before bid date. Voicemail full 09/14/2010 M 02:25 P.M ay be interested, however, voicemail is full. -N CORPORATION,SAN MARCOS,CA,Highway, Street, and Bridge Estimator 09/14/2010 Y instruction 02:21 P.M m will bid. Will send fax quote before bid date. ay be interested, however, we were unable to connect call. EAN D CHIANG,SAN DIEGO,CA,Structural Engineer Estimator 09113/2010 N 05:48 P.M r, not bidding. Not interested in this project. 05:49 P.M & F CONCRETE CUTTING, INC.,SANTA ANA,CA,Concrete Contractor Dan 09/1412010 Y 02:23 P.M !s, will be bidding this project. Will fax a quote before bid date. Disconnected 09/14/2010 N 02:24 P.M )LDEN SUN CONSTRUCTION, INC,LAGUNA HILLS,CA,Highway, Street, and Estimator 09/13/2010 N idge Construction 05:49 P.M r, not bidding. Not interested in this project. 02:24 P.M TRAFFIC ENGINEERING, INC,TUSTIN,CA,Traffic Engineer Estimator 09113/2010 N 05:49 P.M >, not bidding. Not interested in this project. T K CONCRETE, INC.,NORWALK,CA,Concrete Contractor Disconnected 09/14/2010 N 02:24 P.M sconnected, called a second time to ensure number was dialed correctly. In fact, line is disconnected. T K CONCRETE, INC., NORWALK,CA,Highway, Street, and Bridge Disconnected 09/1.4/2010 N instruction 02:24 P.M sconnected, called a second time to ensure number was dialed correctly. In fact, line is disconnected. 1K CONSTRUCTION, INC.,POMONA,CA,Conaete Contractor Ben 09/1312010 N 05:49 P.M >, not bidding. Not interested in this project. \CRIM ENGINEERING,ANAHEIM,CA,Stmctural Engineer Voicemail full 09/14/2010 M 02:25 P.M ay be interested, however, voicemail is full. NA STRUCTURAL ENGINEERING,REDONDO BEACH,CA,Structural Engineer Voicemail 09/14/2010 M 02:28 P.M ay be interested, left a voicemail with all the project details. 210RITY ENGINEERING, INC.,TORRANCE,CA,Tiaffic Engineer None 09/14/2010 M 02:30 P.M ay be interested, however, we were unable to connect call. \FE GUARD FENCE,NORCO,CA, Fencing Contractor Voicemail 09/14/2010 M 02:35 P.M ay be interested, left a voicemail with all the project details. RUTH BAY CONSTRUCTORS,LONG BEACH,CA,Reinforcing Steel Contractor Estimator 09/1412010 M 02:43 P.M ay be interested. The estimator is looking at the project. Page 9 / 10 DBE Goodfaith Inc. Good { '.th Transaction Log SOUTH CENTRAL IRON, INC.,LONG BEACH,CA,Structural Steel Contractor Voicemail 08/14/2010 02:49 P.M M May be interested, left a voicemail with all the project details. SRA ENGINEERING,LAKE FOREST,CA,Structural Engineer Voicemail 09/14/2010 02:50 P.M M May be interested, left a voicemail with all the project details. STAR PAVING CORPORATION,SAN DIEGO,CA,Concrete Contractor No answer 09/14/2010 02:52 P.M M May be interested, however, we were unable to leave message - no answer. STATEWIDE CONCRETE PUMPING, INC.,SAN FRANCISCO,CA,Structural Steel None 0 9/1 412 01 0 M Contractor 02:52 P.M May be interested, however, we were unable to connect call. UNITE STEEL INDUSTRIES, INC,LOS ANGELES,CA,Structural Steel Contractor Estimator 09/1412010 02:53 P.M N No, not bidding this project. C BROWN WELDING, INC,RIALTO,CA,Structural Steel Contractor Joel 0 9/1 412 01 0 02:55 P.M N No, not bidding this project. Page 10/ 10 LOCAL AGENCY BIDDER — DBE INFORMATION (CONSTRUCTION CONTRACTS) EXHIBIT 15 -G(2) (Inclusive of all DBE's including the UDBEs listed at bid proposal) NOTE: PLEASE REFER T�OL INSTRUCTIONS ON THE REVERSE SIDE OF THIS FORM AGENCY:� ('Y� �.{A 11A Jul .p_ tl 1 1 `LOO�CAATIIOON: rS A-� - � � (�,J� PROJECT DES C TION: y& TOTAL CONTRACT AMOUNT: BID DATE: J BIDDER'S NAME: 1n OC l)1 l�l Y 1 ��� 6J1 Y I_ I V l (f1 �VIC - ITEM OF WORK AND DESCRIPTION OR SERVICES TO BE SUBCONTRACTED OR MATERIALS i BE PROVIDED DBE Cert. No. AND EXPIRATION DATE NAMEOF DBEs (Must be certified on the dare bids are opened- include DBE address and hone number CONTRACT DOLLAR ANIOUNT ITEM No. DBE I — — l 0 5 l ND trX91(f V3 010-01) For Local Agency to Complete: Local Agency Contract Number: Federal Aid Project Number: Federal Share: Total Claimed Participation Q � n w 1W, L29) Contract Award Daft: Local Agency Mlifiu Ihm the DBE ceraificalion(s) has been verified and all information is complete and accumte. Print Name Signamrc Dnle Local Agency Representative (Area Code) Telephone Number: Si ai of Bidder j� i`� I� - Date (Area Code) Tel. No. J 1Vd A da� P' ndt ll For Caltrans Review: Print Name Signature Dale Caltrans District Local Assistance Engineer Person to Contact (Please Type or Print) Local Agency Bidder - DBF Inrunnuion (Rev 3109) Distribution: (1) Copy — Fax or scan a copy to the Caltrans District Local Assistance Engineer (DLAE) within 15 days of contract execution. Failure to send a copy to the DLAE within 15 days of contract execution may result in de - obligation of funds for this project. (2) Copy -- Include in award package to Caltrans District Local Assistance (3) Original - Local agency files 31 FROM no! Joly (MED>SEP 15 2010 9:37 /ST. a:32/NO.7500000743 P l DATE:9 /15/10 American Steel Placers, Inc. Reinforcing Southern California 603 S. Arrowhead Ave. San Bernardino, Ca 92408 Ph. (909 )-884 -6031 Fax (909) 884 -6032 License No. 568513 Exp. 92010 CERTIFIED UDRE, SRE, MIBE CERTIFICATION # 33825 CUSTOMER: BEADOR CONSTRUCTION 951 -674 -7495 PROJECT: NEWPORT BEACH RETROFIT JOB SCOPE: FURNISH & INSTALL REINFORCING STEEL Exclusions: Hoisting hours. hook time with crane, fork lift, site work, furnishing or welding of rebar to structural or miscellaneous steel, drilling, burning or punching of holes in structural steel, trim reinforcing at mechanical or pluming openings not shown on drawings listed herein, construction joints not shown on drawings listed herein, drilling or grouting and or bonding of bars, greasing, painting, wrapping or sleeving of bars, cleaning, cutting or bending of existing steel, smooth round bars, sleeves, studs, bolts, inserts, precast concrete reinforcement, field bending of break -out dowels, cost of bonds, permits, or liquidated damages, reworking of steel displaced by others, work or specifications on drawings not listed herein and work performed outside normal working hours. Any safety related courses related to this project. Note: Exclude insurance requirements in excess of $2,000,000 per incident. BOND RATE 1.5 % General Conditions: General Contractor to provide, at no cost to American Steel Placers, the following: Lines, grades, templates and racks for temporary support of reinforcing bars, layout other than clearances and center to center spacing of bars, field measurements as required, testing and inspections, adequate access for delivery, storage & staging adjacent to point of installation, safety protection of exposed rebar, street use permits, traffic control, man/material hoist as required by codes or practice, scaffolding , sanitary facilities and drinking water, trash bins, safety railings and floor opening coverings, parking for A.S.P employees, hoisting/ and or lowering of reinforcing materials to be installed. Two set of current construction documents. Weather protection of jobsite and material. ITEM DESCRIPTION UNIT QUANTITY REBAR JAMBOREE (F -S) LB REBAR (BRIDGE) GOLDENROD POC (F -S) LB APPROACH SLAB (TYPE EQ) JAMBOREE(F) C.Y. TOTAL BID PRICE NOTE PRICE IS GOOD FOR 30 DAYS 69,016 1,983 93 UNIT PRICE TOTAL $0.724 $49,967.58 $2.000 $3,966.00 $237.860 $22,120.98 TOTAL: $76,054.56 INSTRUCTIONS — LOCAL AGENCY BIDDER — DBE INFORMATION (CONSTRUCTION CONTRACTS) EXHIBIT 15 -G(2) Successful Bidder: The form requires specific information regarding the construction contract: Agency, Location, Project Description, Federal Aid Project Number (assigned by Caltrans -Local Assistance), Total Contract Amount, Bid Date, Bidder's Name, and Contract Goal. The form has a column for the Contract Item Number (or Item No's) and Item of Work and Description or Services to be Subcontracted or Materials to be provided by DBEs. The DBE should provide a certification number to the Contractor and expiration date. The DBE contractors should notify the Contractor in writing with the date of the decertification if their status should change during the course of the contract. The form has a column for the Names of DBE certified contractors to perform the work (must be certified on the date bids are opened and include DBE address and phone number). Enter DBE prime and subcontractors certification number. Prime contractors shall indicate all work to be performed by DBEs including work performed by its own forces if a DBE. IMPORTANT: Identify all DBE firms participating in the project -- including all UDBEs listed on the UDBE Commitment form (Exhibit 15G(1)), regardless of tier. Names of the First Tier DBE Subcontractors and their respective item(s) of work listed should be consistent, where applicable, with the names and items of work in the "List of Subcontractors" submitted with your bid. There is a column for the total DBE dollar amount. Enter the Total Claimed DBE Participation dollars and percentage amount of items of work submitted with your bid pursuant to the Special Provisions. (If 100% of item is not to be performed or furnished by the DBE, describe exact portion of time to be performed or furnished by the DBE.) See Section "Disadvantaged Business Enterprise (DBE)," of the Special Provisions (construction contracts); to determine how to count the participation of DBE firms. Exhibit 15 -G (2) must be signed and dated by the successful bidder. Also list a phone number in the space provided and print the name of the person to contact. Local agencies should complete the Contract Award Date, Federal Share, Contract and Project Number fields, and verify that all information is complete and accurate before signing and sending a copy of the form to the District Local Assistance Engineer within 15 days of contract execution. Failure to submit a completed and accurate form within the 15 -day time period may result in the de- obligation of funds on this project. District DBE Coordinator should verify that all information is complete and accurate. Once the information has been verified, the District Local Assistance Engineer signs and dates the form. 32 SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS 2 -1.01 GENERAL The bidder's attention is directed to the provisions in Section 2, "Proposal Requirements and Conditions," of the Caltrans Standard Specifications and these special provisions for the requirements and conditions which the bidder must observe in the preparation of the proposal form and the submission of the bid. The Bidder's Bond form mentioned in the last paragraph in Section 2 -1.07, "Proposal Guaranty," of the Standard Specifications will be found following the signature page of the Proposal. In conformance with Public Contract Code Section 7106, a Noncollusion Affidavit is included in the Proposal. Signing the Proposal shall also constitute signature of the Noncollusion Affidavit. The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of Title 49 CFR (Code of Federal Regulations) part 26 in the award and administration of US DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. Each subcontract signed by the bidder must include this assurance. Failure of the bidder to fulfill the requirements of the Special Provisions for submittals required to be furnished after bid opening, including but not limited to escrowed bid documents, where applicable, may subject the bidder to a determination of the bidder's responsibility in the event it is the apparent low bidder on a future public works contracts. 2- 1.015 -- FEDERAL LOBBYING RESTRICTIONS. -- Section 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower tier sub recipient of a Federal -aid contract to pay for any person for influencing or attempting to influence a Federal agency or Congress in connection with the awarding of any Federal -aid contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement. If any funds other than Federal funds have been paid for the same purposes in connection with this Federal -aid contract, the recipient shall submit an executed certification and, if required, submit a completed disclosure form as part of the bid documents. A certification for Federal -aid contracts regarding payment of funds to lobby Congress or a Federal agency is included in the Proposal. Standard Form - LLL, "Disclosure of Lobbying Activities," with instructions for completion of the Standard Form is also included in the Proposal. Signing the Proposal shall constitute signature of the Certification. The above referenced certification and disclosure of lobbying activities shall be included in each subcontract and any lower -tier contracts exceeding $100,000. All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the Engineer. The Contractor, subcontractors and any lower -tier contractors shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the 33 Contractor, subcontractors and any lower -tier contractors. An event that materially affects the accuracy of the information reported includes: (1) A cumulative increase if $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or (2) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or (3) A change in the officer(s), employees(s), or Member(s) contacted to influence or attempt to influence a covered Federal Action. 2 -1.02 DISADVANTAGED BUSINESS ENTERPRISE (DBE). -- This project is subject to Title 49 CFR 26.13(b): The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT - assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. Take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract (49 CFR 26). To ensure there is equal participation of the DBE groups specified in 49 CFR 26.5, the City of Newport Beach specifies a goal for Underutilized Disadvantaged Business Enterprises (UDBEs). UDBE is a firm that meets the definition of DBE and is a member of one of the following groups: 1. Black Americans 2. Native Americans 3. Asian- Pacific Americans 4. Women References to DBEs include UDBEs, but references to UDBEs do not include all DBEs. Make work available to UDBEs and select work parts consistent with available UDBE subcontractors and suppliers. Meet the UDBE goal shown in the Notice to Bidders or demonstrate that you made adequate good 'faith efforts to meet this goal. It is your responsibility to verify that the UDBE firm is certified as DBE at date of bid opening. For a list of DBEs certified by the California Unified Certification Program, go to: hftp://www.dot.ca.gov/hq/bep/find—certified.htm Only UDBE participation will count towards the UDBE goal. DBE participation will count towards the Agency's Annual Anticipated DBE Participation Level and the California statewide goal. 34 Credit for materials or supplies you purchase from UDBEs counts towards the goal in the following manner: 1. 100 percent counts if the materials or supplies are obtained from a UDBE manufacturer. 2. 60 percent counts if the materials or supplies are obtained from a UDBE regular dealer. 3. Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a UDBE that is neither a manufacturer or regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer." You receive credit towards the goal if you employ a UDBE trucking company that performs a commercially useful function as defined in 49 CFR 26.55. UDBE Commitment Submittal Submit UDBE information on the "Local Agency Bidder -UDBE Commitment (Construction Contracts)," Exhibit 15 -G(1), form included in the Contract documents. If the form is not submitted with the bid, remove the form from the Contract documents before submitting your bid. If the UDBE Commitment form is not submitted with the bid, the apparent low bidder, the 2nd low bidder, and the 3rd low bidder must complete and submit the UDBE Commitment form to the Agency. UDBE Commitment form must be received by the City of Newport Beach no later than 4:00 p.m. on the 4th business day after bid opening. Other bidders do not need to submit the UDBE Commitment form unless the City of Newport Beach requests it. If the City of Newport Beach requests you to submit a UDBE Commitment form, submit the completed form within 4 business days of the request. Submit written confirmation from each UDBE stating that it is participating in the contract. Include confirmation with the UDBE Commitment form. A copy of a UDBE's quote will serve as written confirmation that the UDBE is participating in the contract. If you do not submit the UDBE Commitment form within the specified time, the City of Newport Beach finds your bid nonresponsive. Good Faith Efforts Submittal If you have not met the UDBE goal, complete and submit the "UDBE Information - Good Faith Efforts," Exhibit 15 -H, form with the bid showing that you made adequate good faith efforts to meet the goal. Only good faith efforts directed towards obtaining participation by UDBEs will be considered. If good faith efforts documentation is not submitted with the bid, it must be received by the Agency no later than 4:00 p.m. on the 4th business day after bid opening. If your UDBE Commitment form shows that you have met the UDBE goal or if you are required to submit the UDBE Commitment form, you must also submit good faith efforts documentation within the specified time to protect your eligibility for award of the contract in the event the City of Newport Beach finds that the UDBE goal has not been met. Good faith efforts documentation must include the following information and supporting documents, as necessary: 35 1.. Items of work you have made available to UDBE firms. Identify those items of work you might otherwise perform with its own forces and those- items that have been broken down into economically feasible units to facilitate UDBE participation. For each item listed, show the dollar value and percentage of the total contract. It is your responsibility to demonstrate that sufficient work to meet the goal was made available to UDBE firms. 2. Names of certified UDBEs and dates on which they were solicited to bid on the project. Include the items of work offered. Describe the methods used for following up initial solicitations to determine with certainty if the UDBEs were interested, and the dates of the follow -up. Attach supporting documents such as copies of letters, memos, facsimiles sent, telephone logs, telephone billing statements, and other evidence of solicitation. You are reminded to solicit certified UDBEs through all reasonable and available means and provide sufficient time to allow UDBEs to respond. 3. Name of selected firm and its status as a UDBE for each item of work made available. Include name, address, and telephone number of each UDBE that provided a quote and their price quote. If the firm selected for the item is not a UDBE, provide the reasons for the selection. 4. Name and date of each publication in which you requested UDBE participation for the project. Attach copies of the published advertisements. 5. Names of agencies and dates on which they were contacted to provide assistance in contacting, recruiting, and using UDBE firms. If the agencies were contacted in writing, provide copies of supporting documents. 6. List of efforts made to provide interested UDBEs with adequate information about the plans, specifications, and requirements of the contract to assist them in responding to a solicitation. If you have provided information, identify the name of the UDBE assisted, the nature of the information provided, and date of contact. Provide copies of supporting documents, as appropriate. 7. List of efforts made to assist interested UDBEs in obtaining bonding, lines of credit; insurance, necessary equipment, supplies, and materials, excluding supplies and equipment that the UDBE subcontractor purchases or leases from the prime contractor or its affiliate. If such assistance is provided by you, identify the name of the UDBE assisted, nature of the assistance offered, and date. Provide copies of supporting documents, as appropriate. 8. Any additional data to support demonstration of good faith efforts. FEDERAL MINIMUM WAGE RATES Refer to the following website for the latest Federal Minimum Wage Rates: http: / /frwebgate.access.gpo.gov /cgi- bin /getdoc.cgi ?dbname= Davis - Bacon &docid= CA20080035 ales CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRIDGE SEISMIC RETROFITS CONTRACT NO. 3531 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 Certificates) 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 Slate 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. [cVA CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRIDGE SEISMIC RETROFITS CONTRACT NO. 3531 CONTRACT THIS CONTRACT entered into this 9YJday of 010, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Beador Construction Company, Inc., a California corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: BRIDGE SEISMIC RETROFITS The work necessary for the completion of this contract consists of the seismic retrofit of northbound and southbound Jamboree Road bridges over San Diego Creek and the retrofit of the Goldenrod Pedestrian Overcrossing. Retrofitted structural elements shall include: abutments, bents, approach slabs, and column casings. 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, Notice to Successful Bidders, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3531, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Contract, 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. 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 Six Thousand, Thirty -Four and 001100 Dollars ($706,034.00). 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. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 et seq.). E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Attention: Tom Sandefur (949)644-3312 CONTRACTOR Beador Construction Co., Inc. 26320 Lester Circle Corona, CA 92883 951 - 674 -7352 951 - 674 -7495 Fax INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. 1. Coverage and Limit Requirements. Workers' Compensation. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and employer's liability insurance with limits of at least one million dollars ($1,000,000) each type for Contractor's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or 39 appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the required certificate of insurance, a copy of such waiver of subrogation endorsement. b. General Liabilitv. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) General Aggregate and two million dollars ($2,000,000) Products and Completed Operations Aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. c. Automobile Liabilitv. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. d. Builders Risk. For Contracts with Construction /Builders Risk property exposures, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special form causes of loss with limits equal to one hundred percent (100 %) of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and /or Flood. City shall be included as an insured on such policy, and Contractor shall provide the City with a copy of the policy. 2. Other Insurance Provisions. a. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and an additional insured endorsement for general liability. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current evidence of insurance shall be kept on file with City at all times during the term of this contract. 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 bond documentation.. City reserves the right to require complete, certified copies of all required insurance policies, at any time. b. General liability insurance provisions. Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: i. City, its elected or appointed 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. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. Contractor shall submit to City a copy of the additional insured endorsement along with the required certificates of insurance. 01 ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. 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. 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. c. Acceptable Insurers. All 'insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact 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 Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. d. Notice of Cancellation. Contractor agrees to oblige its insurance broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage except for builder's risk insurance. The builder's risk policy will contain or be endorsed to contain a provision providing for 30 days written notice to City of cancellation or nonrenewal, except for nonpayment for which ten (10) days notice is required. e. Self- Insured Retentions. Contractor agrees not to self- insure or to use any self- insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to City. If contractor's existing coverage includes a self- insured retention, the self- insured retention must be declared to City. City may review options with the contractor, which may include reduction or elimination of the self- insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. f. Timely Notice of Claims. Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this Contract. g. Waiver. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. h. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. i. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 41 j. City's Remedies. City shall have the right to order the Contractor to stop Work under this Contract and /or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. In the alternative, City may purchase the required coverage and charge Contractor the cost of the premiums or deduct the cost from Contractors payments. k. Coverage not Limited. All insurance coverage and limits provided by contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other Contract relating to the city or its operations limits the application of such insurance coverage. I. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any services under this or any other contract or Contract with the City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and /or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. G. RESPONSIBILITY FOR DAMAGES OR INJURY 1. 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. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any work performed or services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful 42 misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 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. The rights and obligations set forth in this Article shall survive the termination of this Contract. H. 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. I. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. J. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: CITT OF n••• Municipal • •• APPROVED wit, FORM: ( q `9<<fiRNRN P BEADO N TRUCTION CO., INC. W� �� it , t tyl By: Leonie Mulvihill (Corporate Officer) Assistant City Attorney Print Officer) Please note: Corporations must complete and sign both places above Even if each office is held by the same individual. 43 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL BRIDGE SIESMIC RETROFITS CONTRACT NO. 3531 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. 3531 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. 2. 3. Lump Sum Mobilization @:`kY, ( '-!51 I '_W6 Dollars and cb*Wl a Cents $ 67t 00v � Per Lump Sum 256 C.Y. Structure Excavation (Bridge), Jamboree (F) @ Dollars and PLC) Cents $ bS $ Per Cubic Yard 144 C.Y. Structure Backfill (Bridge), Jamboree (F) _ dollars and Cents S $ I16,00d Per Cubic Yard PR2of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 69,016 LB Bar Reinforcing Steel, Jamboree (F -S) @ -2-:%Ca2D Dollars and 1\-'AN Ps Cents $ Per Pound 5. 1,983 LB Bar Reinforcing Steel (Bridge), Goldenrod POC (F -S) @ O+NG7 Dollars and Fhb Cents $ 1.SD $ -,79-74. 5-0 Per Pound 6. 245 C.Y. Structural Concrete (Bridge), Jamboree (F) pn�E 'Rtd�5�9 @ wC7 tun"rw Dollars and _ _2"' Cents $ ((b0 — $ 2,69, 5c 0 Per Cubic Yard 7. 12 C.Y. Structural Concrete (Bridge), Goldenrod POC (F) @ TuW Ku4o%2ek9 Dollars and �c✓� Cents $ ADD^ _ $ 5-D, 4w Per Cubic Yard 8. 93 C.Y. Structural Concrete, Approach Slab (Type EQ), Jamboree (F) @ 6v)C (u,1k 0 Dollars and _ '?zu1� Cents $ 600 . $ _ST, Per Cubic Yard PR3of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 9. 2,524 LB Miscellaneous Metal (Bridge), Jamboree (F -S) @ Dollars and Cents $ -op $ Per Pound 10. 2,548 LB Steel Column Casings (Bridge), Goldenrod POC (F -S) @ Dollars and Cents Per Pound. 11. 40 L.F. Remove and Replace End Barrier Treatment, Jamboree (F) jZtQ4x bt:�Wk� @ Fv'-- Dollars and Cents $ 3.�5_ $ I�,COG Per Linear Foot 12. Lump Sum Prepare BMP and Monitoring Program "iLl)Cap� @ 5> TI(OU5(a40 Dollars and Cents $ 2zx0O Per Lump Sum 13. Lump Sum BMP Practices and Monitoring Program @ TWO T40U564C> Dollars and ZCXJ J _ _'00 Cents $ Per Lump Sum 14. Lump Sum Erosion and Sediment Control Plan @ (E 7?J5n+0 Dollars and r Cents $ 000 Per Lump Sum PR4of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 15. Lump Sum Water Pollution Control @Vkql( ' iUJSi ,l Dollars -4�r,ov and Cents $ 15b Ouo Per Lump Sum 16. Lump Sum Construction Site Management @ Dollars and Cents $ 4000 Per Lump Sum 17. Lump Sum Traffic Control System yt u j lu30 '�-W Jam" D @ 41 r k4 Dollars and P�A Cents Per Lump Sum 18. Lump Sum ESA Fence @ TWK 'RWJQ"VDollars and ,kw Cents $ 3 c ^_ Per Lump Sum 19. Lump Sum Progress Schedule (Critical Path) -two IVLLSvV @ F,I4 K*A�006� Dollars and Cents $ Per Lump Sum 20. Lump Sum As -Built Plans @ UtAC T(OdS" Dollars and Cents $ jaoO Per Lump Sum PR5of5 ITEM QUANTITY ITEM. DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE TOTAL PRICE IN WRITTEN WORDS 1^ 14UbRrce) cif `f (2f gu5Tt0 AkP i1LtV?aJ2_ Dollars and Cents 0, 1 I�1,-�o10 Date Bidder's Telephone and Fax Numbers -7264'1 :�6 , „A„ Bidder's License No(s). and Classification(s) Zidder's email address: --7D6. b "3, Q oy Total Price (Figures) Signature and Q32b les9 G. CQMOC(,CA q2963 Bidder's Address C\ users\ pbw \shared\contracls \fy10- 11%bridge seismic retrofit c- 3531 \contract docs for sabp uselproposal c- 3531.doc Page: 1 of 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT /-A9014218111 NILlbom BRIDGE SEISMIC RETROFITS DATE: !&3— 1Dl BY: City Engineer TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the Contract Documents — all other conditions shall remain the same. FEDERAL MINIMUM WAGE RATES 1. Current Federal Wage Decision; CA20100035, dated 09/10/2010, CA35, is available at www.access.gpo.gov /davisbacon /ca.htm1. It supercedes any previous wage decisions. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. A bid may not be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. iA,�.li ��iJ1V I •1 /./, cAdocuments and settings \tsandefur \desktop \addendum no 1.doc 1 AMOM PC the Society For Protective Coatings Techno Coatings, Inc. of Anaheim, CA. !•hers rnet or exceeded the requireinents set forth in the SSPC Painting Contractor Certification Programfor MAOIST �t O !' ( CONTR40:N GGPO G YL l ....................... ............................... Prrsidoll, SSPC March 31, 2010 - March 31, 2011 ...................................... ............................... i.%a(idalit'lr Period Ol�ncr5 arc adr'ii d w cuaacc $SI'C: ar 41 Z 2S I.2J31 "Arwatian. V� m I N O t� y C m w 0 c. 0 IN1 14 The Society for Protective Coatings lco�' Techno Coatings, Inc. (Y' Anaheim, CA has inet or exceeded the requirements set forth in the SSPC Painting Contractor Certification Program for INDUSTRIAL HAZARDOUS PAINT REMOVAL Rlosl-bo" 0, ... "A'� ... ....... * ............... * ....... ........ Phlidarion Period v of sop(. U ,/,7 .............. .... ........... ............... Ownrm are ad risvd wcmlacl SS11r. it M491- 2331 cm.2135wc<t. 2209 l" veliry allibewivily of czIlifilralim. riff-0 Co N O In SECTION 14. FEDERAL REQtiII2EAMENTS FOR FEDER L _YID CONSTRUCTION PROJECTS GENERAL. —The work herein proposed will be financed in whole or in part with Federal fiutds, and therefore all of the salutes, rules and regulations promulgated by the Fedet'al Gov - ❑unent and applicable to work financed in whole or in part pith Federal funs will apply to such work. The "Required Contract Provisions, Federal -Aid Construction Contracts, "Form FHAVA 1273, are included it this Section 11. Nhenever it said required conh'act provisions references are made to "SIiA contracting officerr ", "SHA resident eneimeer ". or "authorized representative of fire SHA ", such references shall be construed to mean "En_oireer as defined in Section 1 -1.18 of the Sanda d Specifications. PERFORIANCE OF PREVIOUS CONTRACT. —In ad- dition to the provisions in Section II. "Noudiscrirtiration." and Section VII, "Subletting or A.ssiening the Contract," of the fe- quired contract provisions, the Contractor shalt comply with the following: The bidder shall execute the CERTIFICATION WITH RE- GARD TO THE PERFORMANCE OF PREVIOUS CON- TRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS located in the proposal. No request for subletting or assigning any portion of the contract in excess of $10;000 will be considered under the provisions of Section DTI of the required contract provisions unless such request is accompanied by the CERTIFICATION refen'cd to above. executed by the proposed subcontractor. NON - COLLUSION PROVISION. —The provisions in this section ire applicable to all comracts except contracis for Federal Aid Secondary projects. Title 23. united States Code. Section 112, requires as a condi- tion precedent to approval by the Federal Highway Admitisnator of the contract for this work that each bidder file a sworn statement executed by. or on behalf of. the person, finn. association. or corporation to whom such contract is to be mvarded, certifying that such Person. firm, association, or corporation has not. either directly or indirectly, entered into any ngreemrent, participated in any collusion. or otherwise taken any action in restraint of Gee competitive biddine in connection with the submitted bid. A form to make the non- collusion affidavit satenfent required by Section 112 as a certification under penalty of perjury rather than as a sworn statement is pet'uutled by N. USC. Sec, 1746. is nrcludcd in the proposal. PARTICIPATION BY 111NORITY BUSL,ESS EN- TERPRISES L\ SUBCONTRACT NG. —Par! 26, Title 39. Code of Federal Regulations applies to this Federal -aid project. pertinerm sections orsaid Code are incorporated in part or in its entirety within other sections of these special provisions. Schedule B— Information for Determining Joint Vennue Efi- gibility (Thus forte need not be filled in if all joint venture firms are minority owned.) FR -1 1. Name ofjoint venture 2. Address of joint venture 3. Phone mmtber of joint venture 4. Identify the firms, which comprise the join vetnmre. (The il4BE partner must complete Schedule A.) a. Describe the tole of the MBE firm in the joint venture. b. Describe very briefly the experience anti business qualifications of each non-MBE join venturer: i. Nnmre of the joint venture's business 6. Provide a copy of the join venuue agreement. 7. R+hat is the claimed pemenage of VIBE ownership' 5. Ownership of joint venture: (This need not be filled in if described in the joint venture agreement, provided by question 6.). Rcvmd 3.95 OS -c7 -9j a. Profit and loss sharins. b. Capital contributions. equipment. c. Other applicable ownership interests. 9. Control of and participation in this contract. Identify by name, race, sex, and "firm" those individuals (and their titles) who are responsible for day -to -clay management and policy decision - making. including, but not linuted to, those with prime responsibility for: a. Financial decisions b. Management decisions. such as: 1. Estunating 2. Marketing and sales 3. Hiring and firing of management personnel d. Purchasing of major items or supplies e. Supervision of field operaiions Note. —If. after filine this Schedule B and before the comple- tion of the joint venture's work on the contract covered by this regulation. there is auy significant chnngc in the information submitted. the joint venture must inform the grantee; either di- reetly or tlu'ou_gh the prime connector if the joint venture is a subcontractor. Affidavit 'The undersigned swear that the foreeoine statenhents are cor- rect and include all material iufonnation necessary to identify and explain the terms and operation of our joint venture and the intended panicipatiou by each joint venturer in the undertaking. Further; the undersigned covenant and aHaae to provide to grantee current. complete and accurate infori nation regarding ac- tual joint venture work sud the payment therefore and any-Pro- posed changes in any of the joint venture an'angernents and to permit the audit and examination of the books, records and files of The ioint venture. or those of each joint venturer relevant to the jour venture, by authorized representatives of the Mince or the Federal finding agency. Any mareria) misrepresentation will be grounds far termrna in2 any eouraci which nuiv be nuerded and for initiating action under Federal of State laws concerning false statements." &wised 3.055. OS -07-95 rx -z .. a .......................................... ............................... I inc ofFhm Name of Firm Signaru'c Signature Nuuc None .................. ........................................ I .............. .......... Title Title Date Date Date State of _ County of Oil this _ day of , 19 _, before me appeared ('Name) to me personally known, who, being dilly scorn, did execute the foregoing affi- davit, and did state that he m she was properly authorized by (Name of firm) to execute the affidavit and did so as his or her $ee act and deed. Notary Public Couuaission expires [Seal] Date State of County of On this _ day of 19 — before me appeared (Nance) to me personally known. who. being duly scorn. did execute the foregoing affidavit, and did stare that he or she was properly authorized by (Name of Firm) to execute the affidavit and did so as his or her free act and deed. Notary Public Commission expires [Seal] REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRtiCTION CONTRACTS (Exclusive of Appalachian Contracts) Page I. General ........................................ ............................... 3 II. Nondiscrimination..........._.._ ...... ............................... 3 III. Nousegregated Facilities ............. ............................... 5 IV. Payment of Predetemrined Minutnm Wage .............. 6 V. Statements and Payrolls ........... ................ --- ........... 8 VT. Record ofMateriills. Supplies, and Labor .-- . ...... .. — 9 V'Il. .Subletting or Assigning the contract ............... ........... 9 VIII. Safety: Accident Prevention ....... ............................... 10 LX. False Statements Concerning Highway Project.......... 10 X. Implementation of Clean Air Act and Federal Water Pollution Control Act. ..... ........................................ — 10 X'I, Certification Regarding Debarment, Suspension. Lneligibility, and Voluntary Exclusion ....................... II X11. Certification Regarding Use of Contract Fluids for Lobbying..................................... ............................... 12 ATTACHAIEN'TS A. Employment Preference for Appalachian Contracts (included i n Appalachian contracts only) GENERAL 1. These contract provisions shall apply to all work performed on the contract by the contractors own organization and with the assistance of workers under the contractor: immediate .superintendence and to all work performed on the contract by piecework, station work, or by .subcontract. 2. Except as otherwise pi'o4ided for in each section. the con - tractor shall insert in each subcontract all of ilia stipulations contained in these Required Contract Provisions, and father re- quire their inclusion in any loner tier .subcontract or purchase order that may in tum be made. The Required Contract Provisions' shall not be incorporated by reference in ally case. The prime contractor shall be responsible for compliance by any subcontractor or louver tier subcontactorw'ith these Required Contact Provisions. 3. A breach of any of the stipulations contained in these Re- quired Contract Provisions shall be sufficient ,rounds for termi- nation of the contract. 4. A breach of the following clauses of the Required Contract. Provisions may also be __ roounds for debmuxnt is provided in 29 CFR 5,12: Section I, paragraph 2: Section IV, paragraphs L 2. 3, 4. and 7;. Section 6', pnrngmplrs I. and 21 through 2g. 5. Disputes arising out of the labor standards provisions of Section IV (except 1oiagmph 5) and Section V of these Required Contract Provisions shall not be subject to tht general disputes clause of this contract. Such disputes shall be iJolved in accor- dance with the procedures of the U.S. Depwirrent of Labor (DOL) as set forth in 29 CFR 5, 6. and 7. Disputes within the weaning of ails clause include disputes between die contractor (or any of its subeontxctors) and the contracting i2eruy. the DOL, or the contractor's employees or their representatives.. 6. Selection of Labor: During die perforniance of 1165 contract, the contractor shall not: a, discriminate against labor front any other State, possession, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attaelurent A), or b. employ convict labor for any purpose within the limits of the project unless it is labor preformed by convicts who are on parole, supervised release, or probation. II. NONDISCRL\IINATION (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10.000 or more.) I. Equal Employment Oppor•tnitg: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, re, nations (28 CFR 35. 29 CFR 1630, and 41 CFR 60) slid orders of the Secretary of Labor as modified by the provisions prescribed hrentin, and inn - posed pursuant to 23 U.S.C. 140 shall consdrute the EEO and specific aliimsative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contact Specifications set forth under 41 CFR 60 -43 and Ilse provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 at seq.) set forth under 28 CFR 35 and ^_9 CFR 1630 are incorporated by reference in this contract. in the execution of this contract, the contractor agrees to comply with the following niluinuun specific requirement activities of EEO: a. The contractor will uvork with the State highway agency (SHA) and the Federal Gocertuuent in carrying out EEU obli- gations and in their review of his' er activities under the con- tract. b. The contractor will accept as his operating policy the following .stateunenc '7t is the policy of this Compam to assure that applicants are employed, and that einployees are treated dwing enrplotmrent, without regord to their race, religion, sex, color, national origin, age or disability. Such action shall mchide: employment, upgrodnhg, demotion, or transfer, recruitment or recruinnent od- Iernsing; Igyof•or termination; rates oj'pap or other fonts of com,vinaraion; and selection for maiuing, includbw apprelm. re, ship, preappreiniceship, and /or on-the-job nninitog." 2. EEO Officer: The contractor will designate and make known to the SHA coutraetiug officers an EEO Officer who will have the responsibility for and mast be capable of effectively Foram 1273 — Re: iscu 3 -95 08 -07 -95 FR -3 administering and promoting an active contractor program of EEO and who must be assigned adequate authority and respousibiliry to CIO so. 3. Dissemination of Policv: All lnenlbers of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recorwnend such ac(ion, or who are substantially invoked in such action, will be mnde filly cognizant of and will implennenL the contractor's EEO policy and convaohal responsibilities to provide EEO in each grade and classification of employment. To naure that the above agreenneut will be stet, the following actions will be taken as a uliniinum: a. Periodic MCC6112S of supervisory and persmmel office employees will be conducted before the start of work and then not less often than once every six months. at which .lime the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new" supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of The contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. all personnel who are engaged in direct recnriiment for The project will be istrneted by the EEO Officer in the couraclor's procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor's EEC) policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. c. The contactors EEO policy and the procedures to im. plenlent such policy ;rill be biotloltt to the attention of em- ployees by means of meetings, employee handbooks, or other appropriate means. 4.Recruitment: When advenising for employees, the contractor will include it all advertisements for employees the notation: "An Equal Opportunity Eulployci." All such ildver- tisemuuts will be placed in publications having .a large circulation among nnilloriry groups in The area from which the project work force would nommlly be derived. a. The contractor will. unless precluded by a valid bargaining agreement, conduct systematic and direct rectvinncnt tfilrougft public and private employee referral sources likely to yield qualified minority _group applicants. To nice( this requiement, the connector will irleutiiy sources of potential nliuoliip group employees, and establish with such identifier] sources procccluies whereby Minority group applicants may be referred to the coati actor for employment consideration. b. In the es"ent the connector has a valid bargniniag agreement providing for exclusive hiring hall referrals, lie is expected to observe the provisions of that agreement to the extent that the system perauits the contractor's compliance with EEO contact provisions. (The DOL has held that where implementation of such agreements his the effect of discriminntiug a -it nniiaril tes or women, or obligate Mlle contractor to do the same. such implementation violates Executive Order 11246. as amended.) c. The counacior will eticoumge his present eulployees to Form 1271— P.evisra 3 -95 OS -07-95 refer Minority group applicants for employment. Information . and procedures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages. working conditions. and employee benefits shall be established and acdministen'ed, and persomlel actions of every type, including hiring, upgrading, promotion. transfer, deniouon, layoff, and temuuation. shall be Taken washout regard to arc, color, religion. sex.. national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate disciinlinmory treatment of project site personnel. FR -4 b.The contractor will periodically evaluate the spread of wages paid within each classifcntion to detennnine any evidence of discrintiuntory wage practices. c. The coniractor will periodically review selected personnel actions in depth to determine whether There is evidence of discriulitimion. Where evidence i5 found, the contractor will promptly Take corrective action. If the review indicates that the discriulinition may extend beyond the aciiom reviewed, such corective action shall inclmdc all affected persons. d. Tlit contractor will promptly investigate all complaints of alleged discri i natiou made to the connector in connection with his obligations under this contract, will attempt to resolve such complaints. and will take appropriate corrective action within a reasonable tinge. If the investigation indicates that the diseriuunation may affect persons caller [hall the complainant, such CotTeeliVe action .Shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his nrenues of appeal. 6. Training and Promotion: a. The connector will assist in locating, qualifying, and increasing the skills of minority _group laid women enlplovees. and npplicmus for employment. b. Corsisicnl with the contractor's work force icclahemnits and as penissible under Federal and State regulations, the C011111001 shall make Rill use of training pragral s, i.e.. apprenticeship, and on- the-job training programs for the ge- ographical area of contract pel'foramnce. Where feasible. 25 gel "CUII of apprentices of na Mee.5 ill taCll OCCtglntlon shall be i!; their first veal of apprenticeship or u'aining. In the event a special provision for iraiaing is provided under this coin ict. this subparagraph will be supnseded as indicated it the special proylslon. c. the contactor will advise cmployees and applicants for employment of available irainiu_s piogrins and entrance re- qu11eale1n5 for each. d. The contactor will periodically review the uminiug and promotion poieniial of minority group and women enlplovees and will tncoluage eligible a mplcvccs to apply for such Training and promotion. - - 7. Unions: If the contractor relies in whole or in pan upon rations as a source of employees. the contractor will use his9ter best efforts to obtain the cooperation of such unions to increase opportunities for nlinoity groups and women within the unions, and to effect referrals by such unions of ruuoity and female .employees. Actions by the contractor either directly or through i. connectors association acting as anent will include the procedures set forth below: a. The contractor will use best efforts to develop, in coop- elation with the unions, joint training progranns aimed toward qualifying more numoriry, group members and lvonncn for membership in the unions and increasing the skills of minority group nnployees and women so that they may qualify forhi_ghcr paying nnployinent. b. The contactor will rise best efforts to incorporate an EEO clause into each union agreement to the end that such union wilt be contractually bound to refer applicants without regard to their nice. color, religion, sec national origin. age or disability. c. The contractor is to obtain unfontaiion as to the referal practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to punish such inforration to die contractor. the connector shall so certiPy to tilt SHA and shall set forth what efforts have been made to obtain such irifonnation. d. In the event the moon is unable to provide the contractor lvith a reasonable flow of minority and women referrals within the time until set forth in the collective bargaining ngreenxnt, the contractor will. through independent iecnritnnent effols. fill tlx employment vacancies without regard to race. color, religion, sex. national origin. age or disability; making fill efforts to obtain qualified and/or qualifiable nunority _eromp person and cvonien, (The DOL has held that it shall be no excuse that the union with which the contractor has a. collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union re&nnl prac- tice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, :nd these special provisions, such contractor shall iimnediately notify the SHA. 3. Selection of Subcontractor, Procurement of \iaterials mud Leasing or Equipment: The contractor shall not discrilmlite Oil the gl'oandS of race. color. religion, sex, untionnal origin. ige or disability in the selection and retention of subcontractors, including procurement of naterials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of hisiher EEO obligations under this contract. b. Disncivauuged business enterprises (DBE). as defiled in 49 CFR 26. shall have equal opportunity to compete for anti perform subcontracts which the cantrnctor enters into ptu'suav to this contract. The coutr'actoi will use his best efforts to solicit bids front and to utilize DBE subcontractors or Subcontractor Willi meaninehd minority group and female representation among their ennployees. Coatiaetors shall obtain lists of DBE consmrciion finis fi-onn SI-LA personnel. c. The contractor will use his best efforts to ensure subcon- nnclor compliance swith their EEO oblietnions. 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by au- thorized representatives of die SHA and the FHWA. a. The records kept by die contractor shall document the follolFmg: (I)Tbe mmbet of minority and non - minority group nneutbets and nyomen employed in each work classification oil ibe project; (2) The progress and efforts being made in cooperation with unions, svhcu applicable, to increase employment op- pornit hies for minorities will women; (3) Tile progress and efforts being nnnde in locating, hiring, training, qualifyirng. and upgrading nu»ority and female employees; and (4) The progress and efforts being made in securing the waives of DBE subcontractors or subcontractors with meaninohd minority and female iepresemation anion_g their employees. b. The contractors will submit in annual report to the SHA each July for the duration of the project, imlicatiug the number of atmoriiy, wonnen, and non - triunity group employees currently eneiged in ench work classification required by the .contract work. This hdonuation is to be reported on Foam M-WA -1391. If on- the -job training is being required by special provision. the contractor will be required to collect and report iiaining data. III NONSEGREGATED FACILITIES (Applicable to all Federal -aid construction contracts and to all related subeo uricis of $10;000 or more.) FR -5 a. By submission of this bid. the execution of ilus contract or subcontract. or the corminunaion of this material supply ageetment or purchase order,. as appropriate. the bidder. Federal - aid construction contractor. subcoutrnaor, material supplier. or vendor; as appropriate, ceni6es that the film does not maintain or provide fo• its employees any seereewed facilities it any of its rstablishmems. and that the firm does not permit its employees to perform their services it any location. miler its control- wheat segregated facilities are maintained. The fan agrees that a breach of this certlfncntion is a violation of the EEO provisions of this contract. The firrn further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b.As used in this certification, the term "segregated facilities" nuaus any waiting rooms. work areas. iesnooms and washrooms. restaurants and other citing areas, time clocks. locker rooms, and other storage or dressing areas, parking lots. drinking fountains. recreation o' entntnirmerit wrens. uansportwion. and housing facilities provided for employees which ire segregated by explicit directive. or ate. in fact. seg- regated on the basis of race, color, religion, national origin. ace or disability, because of habl local custom. of otherwise. The only exception will be for the disabled when the demands fen accessibility override (e.g. disabled parking). Fora 1273 — Revised 3 -95 03.07.95 c. The contractor aages that it has obtained or will obtain identical certification from proposed subcontractors at- material suppliers prior to award of subcontracts or consummation of material supply agreements of $10.000 or mote and that it will retain such certlfleallWs in its files. 1V. PAYNIE \T OF PREDETERAHNED \IL�`IIIti \l IVAGE (Applicable to all Fecleiml -aid construction contracts exceeding $2.000 and to all related subcontracts. except for projects located on roadways classified as local roads a' rural minor collectors, which are ezcmpl.) . 1. General: n. All mechanics and laborers employed or working upon the site of the wort: will be paid unconditionally and not Iess often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3)] issued by die Secretary of Labor under Ilse Copeland Act (40 U.S.C. 276c) due full amounts of wages and bona fide fringe benen'ts (or cash equivalents thereof) due at time of payment. 'The paynxrt shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wise determination') which is atmched bereto and made a part hereof. regardless of any cormracmal relationship which nay be alleged to exist bemccn the contactor or its subcontractors anti such Inborers and mechanics. The rage determination (including any additional classifications and wane rates conformed under paragraph 2 of this Section IV laid -the DOL poste (IVH -1321) or Form FHWA -1495) shall be posted at all limes by the contractor and its subcontractors at the site of the work in a proulineni and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions nndc or costs reasonably anticipated for bona hole fringe bencGls under Section I(b)(2) of the Davis -Bacon Act (-10 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics. subject to die provisions of Section IV. paragraph 3b. hereof. Also, for the purpose of this Seedon, reonlla' contributions made or costs incurred for• more rhna a weekly period (but not less often than quitneily) under plans. fonds, or proerams. which cover the particular weekly p<hiod, me deemed to be constructively wade or incurred during such weekly period. Such laborers and mechanics shall be paid die appmurinie waee rare lard fringe benefits oil the swage detcr- rmnation for the classification of work actually pa-forued . u ithout regard to skill. except as provided in paragraphs +I and 5 of this Seciiom IV. b. Loborci's or mechanics . performing work in more thna one class i ficati oil may be compensated at file rate specified Cur clef) c issification for the time actually worked therein, piovickd, that the employers payroll records accurately set fodll The time spent in each clnssificauon in which work is performed. c. All ridings and interpretations of the Davis -Bacon : \ci and related acts contained in 29 CFR 1. 3. and S are herein incorporated by reference in this contract. Form 1170 — Revised 3.95 OWI -95 FR -6 2. Classification: a. The S1L4 couunctine officer shall require that any class of laborers or mechanics employed under the contract. which is not listed in the wage determination, shall be classified in confomanee with the wtae determination. b. The contracting officer shall approve all additional classification. tinge rnte and Binge benefits only when the following criteria fine been met: (I) the work to be performed by the additional classifi- cation requested is not performed by a classification ill the mane determination: (2) the additional classification is utilized in the area by the construction industry: (3) the proposed waee rate, including any bona fide Bimge benefits. bears a reasonable relationship to the waee rates contained in the wane detemtination: and - (4) svith respect to helpers, when such a classification prevails in the area in which the work is performed. c. If the contractor or subcontrneiors. as appropriate, the laborers and mechanics (if known) to be employed in the addi- tional classification or thew representatives, and the courracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate). a report of the action taken slialll be .sent by the contracting officer to the DOL; Administrator of the Wave and Hour Division., Employment Standards Administration. Washington, D.C. 20210. The Waec and Hour Administrator. or an authorized representative, Will approve. modify. or disapprove every additional classification action within 30 days of receipt and so advise the conh'actine officer or will notify the couttncting officer withal the 30 -day period that additional time is necessary. d. In the went the contractor or subcontractors. as appro- priate, the laborers or mechanics to be employed in the addi- tional classification or their representatives, and the cominctine officer do not agree on the proposed classification and wage rate (including the amount designated for friugc benefits. where appropriate). the cotlrac in_e officer shall refer the questions. including the views of all interested parties and the rccammeudatian of tire contraerinR officer. to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative. will issue a dercnnhatiou within 30 days of receipt and so advise the comructine officer or will notify rite contracting officer within the 30 -<lav period that additional time is necessary c. The wage rate (including Bingc benefits where appropriate) determined pnruaur to paragraph 2c or 2d of this Section IV shall be paid to all workers perfornline work, ill the additional classification front the first day on which work. is perforated in the classification. 3. Paymeut of Fringe Benerrls: a. N%enever the minimum wage rate prescribed in the con - line, for a class of laborers or nneehlanics includes a fringe benefit which is not expressed as in hourly rate. the contractor' or subeom-ciciors, as appropriate. shall either pay the benefit is stated in the wage determination or shall pay another bona fide fringe benefit or in Isourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not snake payments to a Uustee or other third person, helshe may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a. than or program. provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require [lie contractor to set aside in a separate account assets for the mecting of obligations under the plan or program. 4.. Apprentices and Trainees (Programs of the U.S. DOL) mid Helpers: a.. Apprentices: (1) Apprentices will be permitted to work it less than the predetermined rate for the work they perfonned iviten they ire employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL. Employment and Training Administration, Bureau of Apprenticeship and Training; of with a State apprenticeship agency recognized by the Bureau, or if a person is employed na his/her first 90 days of probationary- ensploymenr is in apprentice in such an apprenticeship program, wllo is not individually registered in the program, hilt who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where .. appropriate) to be eligible for probationary employment as in apprentice. (2) The allowable ratio of apprentices to journeynnall -level employees on the job site in any craft classification .shall not be greater than the ratio permuted to the contractor as to the entiie work force nuclei- the registered program. Any enployee listed on a payroll at all apprentice w=age rate. who is not registered or othem i.se employed as sated- above. shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually perforated. In addition; any apprentice peitormuso w-oi'k on the job site in excess of the .ratio pentutted under the registered program shall be paid not less than the applicable wage rate on Else wage determination for the work actually perfomsed. Where a contractor or .subcontractor is pc�i'fornsiiso constriction Oita project in a locality other than flat ill which its program is negisrered, file mi$ s and a %age rates (,expressed in percentages of the journeynlms -level hosuly rate) specified in the contractor's or .subeonnactors registered program shall be observed. (3) Every apprentice anist be ,paid it not less than the rate speeined in the registered programs for the apprentices level of progress, expressed as a percentage of Else jonmeyman- level hourly rate :specified in the applicable rage cletennination. .Apprentices shall be paid fringe benefits in ,accordance with the provisions of the apprenticeship piogtans. If the apprenticeship proaraln does not specify fiinge benefits, apprentices must be paid the hull amount of fiinoe benefits listed on the wage deternninition for the applicable classification. If due. Administrator for the W`roc and Hour Division dctennines that a different practice for the applicable apprentice classification. fringes shall be paid in accordance with that determination. FR -7 (4) In the event the Bnremt of Apprenticeship and Trainiue; or a State apprenticeship agency recognized by the Bureau; wihdraws approval of art apprenticeship progrons. the contractor or subconnactoi will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until ms acceptable prograru is approved. b. Trainees: (1) Except as provided in 29 CFR 5.16, trainees will not be pemutted to work at less than the predetermined rite for the work performed unless they are employed purstiasn to and individually registered in a program which has received prior approval, eeideneed by formal certification by the DOL. Employment and Training Administration. (3) The ratio of trainees to journeyman -level employees on the job site shall not be greater than permitted tinder the plan approved by the Employment and Training Administration. Any employee listed on the prr toll at a trainee rate who is not registered and participating in a training plan approved by the Employisuur and Training Administration shall be paid not less than the applicable wage rate of the wage determination for the elassifieation of w oil actually performed. In addition, any trainee peiforming work on the job site in excess of the ratio permitted under the registered program shall be paid not less (hall the applicable wage rate oil the wage determination for the work aerially performed. (3) Even' trainee must be paid at not less than the rate specified in the approved program for bisRlei level of progress, expressed as a pei'ceinage of the journeyman -level ]sourly ante specified in the applicable wage deternunation. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee proormn. If the trainee program does not mention fringe benefits, r'ainees shall be paid the fill ansonat of fringe benefits listed on the wage deternsinition unless the Adnninistator of Elie Brace and Hour Division de.teinunes that there is at apprenticeship program associated oath the corresponding journeynan- level wage rate on Else wage determination which provides for less Elan full fringe benefits for apprentices, in which case such trainees shall re- ceive die .souse fringe benefits as apprentices. (4) In the event the Employment and Training Achninis- Iratioil withdraws approval of a hairline pl'ogranl, the cou- nactor or subcontractor will mo louder be permitted to uii.lize trainees al less than the applicable predeermined rate for the work performed until in acceptable proernm is approved. c. Helpers: Helpers will be permitted to work on a project if the helper classifimtion is specified and defined oil the applicable wage detensnnsation or is approved pursuant to the conformance procedure set forth in Section R1?. Any worker listed on a payroll at a helper wage rate, who is not a helper under in approved definition_ shall be paid not less than the applicable wage rate oil the wage determination for the classification of w'or'k ncttially performed. Form. W3 — Rei'ised 3 -95 O8 -07 -93 5. Appi eutices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training progranns which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction prognws are not subject to the requirements of uarn__tnph 4 of this Section N. Tine straight tune hourly %vase rates for apprentices and trainees under such prognuns will be established by the particular prognims. Tile nuo of apprentices and trainees to journeymen shall not be greater than permuted by the teens of the pa'ticulm• program. 6. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold. or cause to be witlnbeld. front the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Fedenlly- assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the settle prime .contractor. as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices; trainees, and helpers. employed by the contractor or any subcontractor the frill amount of wages required by the contract. In the event of failure to pay ally laborer or mechanic, including any apprentice, trainee, or helper; employed or working on the site of the work all or pail of the wages required by the contract, the SHA contracting officer may, written itten notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or _g_uarantee of finds anti such violations have ceased. 7. Overtime Requirements: No contractor or subcournctor contracting for any part of the contract work which cony require or involve the employment of laboters..mechanies, watchmen, or guards (including apprentices, trainees. and helpers described in paragraphs 4 and 5 above) shall require or permit ally laborer, nnechaiiic, aatclutian, or guard in any workweek in %which he(she is employed oil such work. to work in excess of 40 hours in such workweek unless sreh laborer, mechanic, watclumnn, or -nand receives compensation at a rate not less than one - and - one -half, tines hislier basic rate of pay for all hoes worked in excess of 40 boors in such woikweck. S. Violation: Liability for Unpaid Wages: Liquidated Damages: hi the event of any violation of the clause set fords in paragraph 7 above. the conn'acior and any subcontractor responsible thereof shall be Gable to the affected employee for his her unpaid wages. In addition. such contractor and subconractoi shall be liable to the United .States (ill the ease of walk clone under contract for the District of Columbia or a territory. to such District or to such territory) for liquidated. damages. Such liquidated damages shall be computed with respect to each individual laborer, mtchamic. waiclMnnn. or guard employed in violation of the clause set forth in panerapl 7. Ill the soar of SIO for each calendar clay oil which such ermployce was required of permitted to work in excess of the staidmd work %reek of 40 hours without payment of the oveltinte wages required by due clause set forth in paragraph 7. Ferm 1273 — Rmsed 7 -95 OS -07 -95 9. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL %viddtohl, or cause to be withheld. from any monies payable on account of work performed by the contractor or subcontractor under any such contract or lily other Federal contract with file same prime contractor. or any other Federally- assisted contract subject to the Counct Work Hours and Safety Standards Act, which is held by the sane prinnc contactor, such suns as may be determiner) to be necessary to satisfy any liabilities of such contractor or subcont acfoi for unpaid wages and liquidated damages as provided in die clause set forth in panet'aph 3 above. V. ST-AMMENTS A_NTD PAYROLLS (Applicable to all Federal -aid construction contracts exceeding $3.000 and to all related subcontracts, except for projects located on roadways classified as local roads or null collectors. which are exempt.) 1. Compliance with Copeland Regulations (39 CFR 3): The contractor .shall comply with the Copeland Regulations of the Secretary of Labor which are hcicin incorporated by reference. ?. Payrolls and Payroll Records: FR-3 a. Payrolls and basic records relatine thereto shall be maintained by the contactor and each subcontractor during the cause of the work and preserved for a period of 3 years from the date of completion of the contract For all laborers, Mechanics, npprennces. tiatnees. walcliRQl, helpers, and _guards woikine at the site of the work. b. The payroll records shall eoutoun the name. social .security cumber. and address of each such employee: his or her correct classificaioir hociy rates of wnees paid (including rates of contributions or costs anticipmed for balm tide fringe benefits of cash equivaleur thereof the types described in Section 1(b)(3)(B) of die Davis Bacon Act): daily and weekly number of hours wort_ked: deductions made; and actual stages paid. Ill addition, ror Appalachian contacts, the payroll records shall contain a notation indicating whether the employee clots, or does not. normally reside iti the labor area m defined in Attachment A. paragraph I. Whenever the Secretory of Labor, pursuant to Sec - uon I4.. paragraph 3b. lies Found that the ivaees of any laborer or mechanic inchide the amount of nay costs ren.sonabl-v anticipated in providing benefits Linder a plan or piognm n described i Section 1((b)(3)(B) of the Davis Bacon Act. the contractor and each subcontractor shall nminmin records which show that the contmitnucnt to provide such benefits is enforceable. that the plan or program is financially responsible, that the plan of program has been cotmmunicalcd in miring to the laborers art meehari affected, and shoo' the cost anticipated or the acmal cost incurred in providing benefits. Comnctos or subcontaciot's employing apprentices or nninees nutter approved programs shall maintain written evidence of the regtsn'ation of appreutiees and trainees, Inc.) ratios and wage ntzs prescribed in the applic:rUh programs. - c. Each contactor and subcontractor shall huttish. each meek in which any contract work is perforated, to the SHA resident engineer a payroll of wages paid each of its employees ( including apprentices, trainees; and helpers, describe[ in Section IV. paragraphs 4 and 5. and watchmen and man ds en- gaged on work duri ne the preceding weekly payroll period). Tlne payroll submitted shall set out accurately and completely all of the mfomation required to be maintained under pall graph 2b of this Section V. This information may be submitted in any form desired. Optional Form Wff -347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029 -005- 0014 -1). U.S. Government Printing. Office. R'ashilgton, D.C. 20401 The prime contractor is responsible for the submission of copies of payrolls by all subconu'ictors. d. Each payroll submitted shrill be accompanied by a "Stntenient of Compliance," signed by the contractor or sub- contractor or hislher agent who pays or supervises the payinemt of die persons employed under the contract and shall certify the following: (I)that the payroll for the payroll period contains the information required to be mnintained under paragra ph 26 of this Section V and that such information is correct and complete; (2) that such laborer or mechanic (including each helper, apprentice, rand trainee) employed on the contract during the payroll period has been paid the fill weekly wnges earned; without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly front the full wages caned, other than permissible deductions as set . forth in the Regulitons, 29 CFP. 3: (3) that each laborer or meclinuic has been paid nor less that die applicable wage rare and liinee benefits or cash equivalent for the classification of worked performed, as spccified in the applicable [rage determination incorporated into the contract. e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form %VH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. f The falsification of any of the above certifications may subject the contractor to civil or crinlinil prosecution under 18 U.S.C. 1001 mid 31 U.S.C. 231. e. The conu'actm or subcontractor shall make the records re- quired antler parmenph 2b of this Section V available for inspec- tion. copying, or transcription by nmhorizel represti atives of the SHA. the FHR'A, of the DOL. and shalt pentit such representatives to i teviev employees during troikino hours on the job. If the contractor or subcontractor fails to submit the re- quired records or to make then available, the SHA. the FERVA, the DOL, of all may. Act writem notice to the contractor, sponsor- applicant. or owner. take such actions ms nay be nec- essary to cause the suspension of ally fill then payuem, adCance, or guanniec of funds. Furthermore, failure to submit the required records upon request of to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. VT. RECORD OF MATERIALS, SUPPLIES, A \'D LABOR 1. On all Fedcral -aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grndc crossings, those which ire constructed on a force account or direct labor basis, highway bemmficatnon conll'acts, and contracts for which the total final construction cost for roadway and bridge is less than SI,000,000 (23 CFR 635) the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHI17A -47. "Statement of Materials mud Labor Used by Contactor of Highway Construction Involving Federal Funds." prior to the conunenceruent of work under this contract, b. blainlain a record of the total cost of all materials and supplies patchased for and incorporated in the work. and also of the quantities of those specific materials and .supplies listed on Fora FHWA -4 7, and in the units shown on Fomn FHWA -47. c. Fnmhish, upon the completion of the contract. to the SHPk resident engine' on Form FHR'A -47 toeedier with the dLta required in pi nmaph lb relative to materials and supplies, a final labor suuntmry of all contract work indicating the total hours worked and die total amount earned. 2. At the prime contractor's option. either n single report covering all contract work or separate reports for the contractor and for each.subeoat aci shall be suborned. V11. SUBLETTING OR ASSIGNING THE CONTRACT I. The contractor shall perform with its owe organizatioll contract work amouiviug to not less than 30 parent (or a greater percemage if specified elsewhere in the contract) of dnc total original mu act price, excluding any specialty items designated by the State. Specialty iteuts nliv be performer by subcontract and the riounr of may such .specially items perforated nay be deducted from the total origimd contract price before conipming the amonnf of work ie aired to be performed by the contactors own orgotzationq(23 CFR 635). FR -9 a. "Its own organization' shall be construed to include only ,vorl;eis employed in,[ paid directly by the pi'rAne Contractor ,md equipment owned or retired by the prime contractor. with or without operators. Such tens does not Include employees or equipnleni of a subconmctor. assignee, or neent of the prime contractor._ _ b. " Specialty Items" shall be consutred to be lirmiied to work that requires highly specialized knowledge. abilities, at- equipment tax ordinarily available in the rygle of comnctine or'ganizatons qualified and expected to bid on the contract as a w'fiole and in oelcral lie to be limited to minor components of the overall contract. Fonn 1273 — Revised 3 -95 M07.95 2. The contract amount upon which the requirements set forth in paragraph 1 of Section VD is compared includes the cost of nuaterml and manufactured products; which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall fltiuish (a) a competent superintendent or supervisor who is employed by the Etna, has fall authority to direct performance of the work in accordance with the contract i'equil'erneuts. and is in charge of all constrvciion opet'ations (regardless of who perfonus the work) and (b) such other of its own organizational resources (supnsision; management. and ensineeruto services) is Elie SHA contracting officer dttenllities is necessity to assure Elie performance of the conn'act. 4. No portion of the contract .shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA eonuacline officer, or authorized «preservative5 and such consent when Rivet .shall not be consrued to relieve the contractor of any respoltsibillty for the fulfillment of the contract. Written consent will be Riven only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of Elm prune contract. VIU. SAFETY: ACCIDENT PREVENTION L In the perfornance of this contract the contractor shall comply with all applicable Federal. State, and local laws governing safety. health, and sanitation (23 CFR 635). The contractor .shall provide all .safeevards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contacting officer may determine, to be reasonably necessary to protect the fife and health of eunployees on the job and the safety of the public and to protect property in connection with the perfornance of the work coveted by the contract. 1 It is a condition of this contract. and shall be made a condition of each subcontract. which the coil[t'nctor criers into Inusuani to this contract. that the contractor and any subcontractor shall not per tit nay employee, in perfornacnce of the contract, to work in sun'oundings o -under conditions which are unsanimry, hazardous or dangerous to hisiher health or safety, is determined under conslntction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Couuact Work Hoes and Safety Standards Act (40 U.S.C. 333). 3. Pursuant to 29 CFR 1926.3. it is a condition of this contract that dre Secretary of Labor or authorized represcutative thereof. small have right of entry to ally site of contact p.dom:ancc to inspect or investignie the mailer of compliance avith the construction safety and health standards and to entry out the dulies of the Sectetav under Section 107 of the Contract CVovk Hours and Safety StauLArds Act (40 U.S.C. 333). LS. FALSE STATE \LENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable constmetion in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by aieinea's. contractors. suppliers. anti deorkers on Fedeml -aid Iii ?hvvay projects. it is essential that nil persons concerned n'ith the project perforn their unctions as ci etiilly, thoroughly. and honestly as possible. Willfitl falsification. distoriou. or mis- representation with respect to any facts related to Elie project is a violation of Federal lazv. To prevent any misunderstanding ic- Fona 1273— Revisead -95 OS -07 -95 stardiuo the seriousness of these and similar acts. tine following notice shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONTNTL ENGAGED ON FEDERAL-AID HIGFIWAY PROJECTS IS U.S.C. 1030 reads as follows: "7l7roaver being an officer, agent, or employee of tire United States, or a0, Stare or Tewiror, or whoever', whether a person, association, frill, or corporation, Amovhrgly makes arty false sraerrnen6 false representariom, or false report as to tire chaocter, quality, geandns or cost of the material used or to be used, or the quantirt, or quality of the work performed or to be performed, at- tire cost thereof in connection with rba submission of plats, maps, spec fcarions, contracts, or' costs of consnxiction on an: highway or related project submitted for apProval to the Secretly of Transporrorion; or, 117roerer kno,vingly makes only false statement false repre- sentation, false rapori orfalse claim. with respect to the character, foutility, qumnin, or cost of ev n work performed or to be per - rned, or materials fiunished or to be fitrnished, in connection with the construction of any highway or related project approved by the Secretory of Transportation; or Tlfioever Altowingly makes any false sintenenr or false repre- senration as to rnataial facr in wry statement certificate, or report submitted pursuant to provisions of the Federal -aid Roods Act approved July 1, 1916, (39 Star. 355), as amended and sup- plemented; Shall be finer! nor moron that 310,000 or imprisoned not more than 5 wears or both." S. Ill IPLE.MENTATION OF CLEAN AIR ACT AND FEDERAL IYATER POLLUTION CONTROL ACT (Applicable to all Federal -aid construction contracts and to all related subconn acts of S 100.000 or none.) By submission of this bid or the execution of this contract. or subcontract, as nppropriate, the bidder; Federal -nid construction contractor; or subcontractor, as appropriate. will be deemed to have stipulated as follows: I. That any facility that is or will be utilized in the perloi nuance of this contact, unless such contract is exempt under file Clean Air Act. as :nnended (42 U.S.C. IS57 ei seq.. as amended by Pub. L. 91 -604), and under the Federal. Water Pollution Control Act' as amended (33 U.S.C. 125.1 et seq.. as amended by Rib. L. 92 -500). Executive Order 1 1735. and re_Rilmions in implementation thereof (40 CFR Is) is nor listed; on the dare of contract award, on the U.S. E-uvimrall -mal Protection Agency (EPA) List of Violatiii_R Facilities purstuvrt. to 40 CFR 15.20. 2. That the Itinl agrees to comply laid remain ill compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Waier Pollution Control Act and all regulations and euidetincs listed Iherctmder. 3. That the finn shall promptly notify the SHA of the receipt of any cornaninicaion front ill: Director, Office of Federal Activities. EPA. indicaring that a facility that is or will be utilized FR -10 lot the contract is under consideratiou to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included die requirements of paragraph 1 11wouldi d of this Section X in every nonexennpt subcontract, and Iuther aEaxes to like such action as the governhent tinny direct as a meals of enforcing such re- quirements. ll. CERTIFICATION' REGARDING DEBARMENT, SUSPENSION. fNELIGIBILITY A\D VOLIYNTARY EXCLUSION 1. Instructions for Certification - Primary Covered Transactions: (Applicable mall Federal -aid contracts - 49 CFR 39) a. By signing and submitting this proposal the prospective primary participant is providing the certification sei out below. b. The inability of a person to provide the certification set out below will not necessarily result in dental of participation ill this covered transaction. The prospective participauf shall submit in explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's deierminatiou whether to enter into this transaction. liouever, failure of the prospective primary padicipant to Imnish a certification or in explanation shall disqualify such a person fionn participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is bmci determined that the prospective ptinnay participant knowingly rendered an eroneous certification. in addition to other remedies available to the Federal Govemtoent. the department a' agency any terminate this transaction For cause of default. d. The prospective primary participant shall provide inn - mediate written notice to the depa rtment or agency in whom this proposal is submitted if any time the prospective primary participant learns Una( its certification was a roneous when submitted or has become erroneous by reason of changed circumstances. e. The tents "covered transaction... "debarred;' "suspended," "ineligible" "lower net' covered transaction." "participauf:' ,•person," "primary covered transaction," "prinieipnl;. ,proposal," and "voluntarily excluder:," is used in this clause, have the nneanings set out in the Definitions and Coverage sections of lilies implennentine Execonive Order 12549. You ulny contact the depainnem or agency to which this proposal is .submitted fm assisance in obininung a copy of those renulaions. L The prospectivc pruuary pariicipant agrees by submitting this proposal that. should the proposed covered transaction be entered into. it shall not knowingly enter into any lower tier covered transaction witb a person who is debarred. suspended, declared ineligible, or voluntarily excluded Ira participation in this covered imnsaction; unless authorized by the department or aoeney entering into this tansaction. FR -11 R. The prospective primary participant hurter agrees by submitting dtis proposal that it will include the clause titled "Certification Regarding Debarment, Suspension. Ineligibility and Voluntary Exclusion - Louver Tier Covered Trausnctiou" provided by the depahmem or agency entering into this covered transaction. without modification. in all louver tier covered Iransactious and in all solieilations for lower tier covered n'asactions. h. A .participant in a covered .transaction may rely upoD a certification of a prospective pm•lieipant in a lower ter covered transaction that is not debarred. .suspeindecL ineligible; or volntarily excluded front the covered transaction, miles, it knows that the certification is erroneous. A padicipant may decide the uielhod and frequency by which it determines the el- igibility of its principals. Each participant may, but is not required to. check die nonprocuremem portion of the "Lists of Parties Excluded From Federal Procurement or Noupiocurenncrm Programs" (Nouprocmemnent List) which is compiled by the General Services Administration. i. NotMng contained in the foregoing shall be construed to require esablisluncnt of a system of records in order to reader in rood faith the certification required by this clause. The knowledge and information of participant is not required to exceed dint which is normally possessed by a pnrdent person in the ordinary course of business cleiliugs. j. Except for transactions authorized under paragraph f of these instructions, if a participant in n .covered "transaction knowingly enles into a loner i'ier .covered transaction with a prison who is suspended, debarred, ineligible. or voluntarily excluded Into participation in this transaction, in addition to other remedies available to the Federal Government. the de. partmcnt or agency may lei ntinate this transaction for cause or dcfanit. - ":.: Certification Regm•dfug Debarment, Suspension, Inehilibility and Voluntary Exclusion — Primary Covered Transactions 1. The prospective prunary participant certifies to the best of its knowledge and belief. that it and its principals: a, Are not presently debarred, suspended, proposed for debarment. declarer) ineligible, or voluntarily excluder) from co-, erect umnsactions by arty Federal deportment or agency: b. Have not within a 3 -year period preceding this p ioposal been convicted of or had a civil judgment rendered against them for commission of fiaud or a criminal offense in connection nvith obtaining. eftempting to obtain, or performing a public (Fcdeiil, Stare or local) transaction or contract under a public transaction: violation of Federal lit State amimrr statutes or commission of embezzlement, nheft. forgery, bribery, falsification or destruction of records. naRing false statements, of receiving stolen property. C. Ant not presently indicted for or otherwise criminally or civilly charged by a govermnental entity (Fedenl, State or local) with corn mission of any of the offenses ennmeraed in paragraph Ib of this certification; and Form 1271— Revised 3 -9i 03 -07 -9i d. Have not within a 3 -year period preceding this ap- plicvtiontproposnl had one or more public tansactions (Federal. State or local) terminated for cause or default. 1 Where the prospective primary participant is unable to certify to any of the statements ]it dus certification. such prospective participant shall attach an explanation to this proposal. axxsa ?. Instructions for Certifrcntiou - Lower Tier Covered) Transactions: (Applicable to all subcomiacts. purchase orders and othci lower' de transactions of $25.000 or more - 49 CFR 29) a. By .sunning and submitting this proposal, the prospective lower rier is providing the cetifcation. set out below. b. Tire certification in this clause is a material representation of fact upon which reliance was placed when ibis irmsaciion was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an en'oueous certification. in addition to other remedies available to the Federal Govertunent. the department or agency with which this irnnsnetion originated may pursue available remedies, it cludin_g suspension and/or debarment. c. The prospective lower tier participant shall provide inunediate written notice to the person to %A hick this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of clanged circumstances. d. The terns "covered transaction." " debared." "suspended." "ineligible." "primary covered transaction. "pa'ticipara," "poison," "principal." "proposal." and "voluntarily excluded." ns used in this clause, have the men nines set out in the Definitions and Coverage sections of riles implementing Executive Order 12549. You may contact the parson to whicb this proposal is subnndted for assistance in obtaining a. copy of those regulations. e. The prospective lower tier participant agrees by submitting ills proposal that. should the proposed covered transaction be entered into, it shall not knowingly* enter into any lower tier covered transaction with a person wlio is debarred, suspended. declared ineligible. or voluntarily excluded from participation in this covered 1 t.JuSaetion. unless authorized by the depamunt or agency with which this rrutsactiou oieinated. f The prospective lower tier participant hither aorccs by submitting this proposal that it will include this clause titled "Certification Remchim Debarment, Suspension, Ineligibility and VOlnilla'y Exclusion -Lower Tier Co-rered Transaction" e: khoii modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. a. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debamd, suspended, ineligible, or colamtarily excluded Trout the Covered transaction, nnle55 it knows iha the certification is erroneous. A participant may decide the method and frequeucy by which it determines the el- igibility of its principals. Each participant nay. but is not Fortin .1273 Revised 3.95 06 -07 -95 required to, check (lie Nouproem ement List. It. Nothing contained in the forcgohne shall be construed to require esabli.sinuent of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is norrally possessed by a prudent person in the ordinary course of bmincss dealings. i. Except for transactions authorized under parnm'aph a of these instructions, if a participant in a covered transaction nnowinaly enters into a louver tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction. in addition to other remedies available to the Federal Government, the de- pamnent or agency with which this transaction originated may pursue available icmedies. including suspension andlor debamtent. Certification Regarding Debarment, Suspension, Iucitgibiliny and \'olminry Exclusion -Loner Tier Covered Iransictions L The prospective lower tier participant certifies, by submission of this proposal. that neither it not its principals is presently debarred, suspended, proposed for debamtent, declared ineligible. or voluntarily excluded from participation in this transaction by any Fedenl department or agency. 2. Where the prospective lower tie' participant is unable to certify to any of the statements in this certification, such prospective participant shall attach in explanation to this proposal. SII. CERTIFICATION REGARDING USE OF C'O\TRAICT FIAVDS FOR LOBBYING (Applicable to all Federal -aid Construction eontncts and to all related subcomincts which exceed $.100,000 - 49 CFR 20) I. The prospective patrcipanl certifies. by simwng and submitting tills bid or pNposal. to the best of his or her kno \,ledge and belie(, that: a. No Federal appropriated funds have been paid or will be paid.. by or on behalf of the undersigned, to any person for hdluencing or attempting to influence an officer or e iployce of any Federal ageucy, a AMcmbe' of Conm'ess. an officer or employee of Congress, of an employee of a Dlembe, of Congress in correction with the mvirding of any Fcdcral contract. the making of ally Federal grant, the making of any Federal loan. the entering into of any coop -minc agreeunem. and the extcasion. comiauation. renewal, amerdiuem. or nmdifieatiou of any Fcclenl contract, malt, loan, of cooperative agieenmut. b. If ally funds other than Federal appropriaed Rinds have been paid or will be paid to any person for influencine or attempting to influence an officer o' employee of any Federal agency. a Member of Congress. an officer or employee of Congress. or an employee of a Member of Congress in coimectiou with this Federal connect. FR -12 n'anL loan_ or cooperative agreement, the undersigned shall complete and submit Standard- Form -LLL, "Disclosure Fonn to Report Lobbying," in accordance with its inannctions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or en- tered into. Submission of this certification is a prere<ryisile for making_ or entering into this transaction Imposed by 31 U.S.C. 1352. Any person who fails to file the required cenilieation shall be subject to a civil penalty of not less than $10.000 and not more than S 100,000 for each such failure. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she .shall requii a that the lansuage of this certification be included in all lower tier subcontracts, which exceed S100,000 and that all such recipients shall certify and disclose accordingly. FEDERAL --LID FEIVIALE AND \ll \ORITY GOALS equired Contract Provisions Federal -aid Construction niacts" the following are the goals for female utilization: Goal for Women (applies nationwide ) ..............(percent) .......... 6.9 The following are goals for minority utilization: CALIFORNIA. ECON01\11C AREA 174 Redding, CA: Non- SIv1SA Counties ............. CA Lassen: CA Vlodoc: CA Plumns: CA Shasta: CA Siskiyou; CA Teharns. 175 Eureka. CA: Non -SMSA Counties .................. CA Del Norte: CA Humboldt: CA Trinity. 176 San Francisco- Oakland -San Jose, CA: SMSA Counties: 7120 Salinas- Scnside. Monterey. CA ............ ............................... CA Monterey. 7360 San Francisco - Oakland, CA ................. CA Alameda: CA Contra Costa:_ CA Main: CA San Francisco: CA Snu M.nteo. 7400 San Jose. CA ......... ............................... CA Santa Clara. 7485 Santa Cnrz. CA ..... ............................... CA Santa Crux. 7500 Santa Rosa. CA ..... ............................... CA Sonoma. S720 Vallejo - Fairfield- Napa. CA. ...... ......... CA Napa: CA Solnuo Non -SMSA C'ounties ......... ............................... CA Lake: CA Vlendoeino: CA San Benito. Goal (Percent) SN4SA Comities: 6920 Sacramento, CA .......................... CA Pincer: CA Sacramento: CA Yolo. Non - :SMSA Counties .................. CA Butte: CA Colusa: CA El Dorado: CA Glenn: CA Nevada: CA Siena_: CA Sutter: CA Yuba. 17S Stockton - Modesto. CA: FR -13 16.1 14.3 12.3 24.3 19.3 19.1 26.1 23.6 11-9 2S.3 21.5 Fomn 1273— Revise,13 -93 OS -07 -95 SMSA Counties: 6.8 5170 Modesto. CA ....... ............................... CA Stanislaus. 8120 Stockton. CA ....... ............................... CA San Joaquin. Non -SV1SA Counties ......... ............................... CA Alpine; CA Anador; CA Cnlaceras: CA Mariposa; 6.6 CA Merced; CA Tuolutmne. 179 Frento- Bakersfield. CA: SNISA Counties: 0680 Bakersfield. C' A ... ............................... CA Kern. 38.9 2840 Fresno. CA .............. _............ ............. CA Fresno. tion -SMSA Counties ..... ...... ..._ ...................... 25.6 - CA Kings: CA \lades; CA Tulare. ISO Los Aneeles. CA: 19.6 SMSA Counties: 14.9 0360 Anaheim -Sinim Aua- Garden Grove, CA ................. ............................... 9.1 CA Orange. 4450 Los Angeles -Long 1;.1 Beach. CA ......... I ... . ............................... CA Los .Angeles. 6000 Oxnard -Simi Valley - 23.2 Ventura. C' A ............... ............................... CA Ventura. FR -13 16.1 14.3 12.3 24.3 19.3 19.1 26.1 23.6 11-9 2S.3 21.5 Fomn 1273— Revise,13 -93 OS -07 -95 6790 Riverside-San Bemardino- Ornmio. CA ................ ............................... 19.0 CA Riverside: CA San Berardino. 7=180 Santa Barbara -Santa Maria - Lompoc, CA .............. ............................... 19.7 CA Santa Barbara. Non -SMSA Counties ............. ........................... 24.6 CA Inyo: CA Mono: CA Sao Luis Obispo. 181 San.Dieuo, CA: STOSA Counties 7320 San Dieoo. CA ..... ............................... 16.9 CA San Dieoo. Non -S11SA Counties ......... ............................... 19.2 CA Imperial. In addition to the reporting requirements set forth elsewhere in this contract the Contractor and subcontractors holdine subconunct.s, not inchulins material suppliers. of 510,000 or more, shall submit. for every montb of Tidy during which work is performed, employment data as contained under Form FHXVA PR -1391 (Appendix C to 23 CFR, Part. 230), and in accoiclance with the instntctions included thereon. Fong 1 273 —Reris ,13 -95 OS -O7 -95 FR -14 f°l� ® ®P CERTIFICATE OF LIABILITY INSURANCE 10 /5 /20 o) PRODUCER (949) 486 -7900 FAX: (949),486-7950 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Patriot Risk and Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE. DOES NOT AMEND, EXTEND OR License #OG55454 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 8105 Irvine Center Dr. #400 Irvine CA 92618 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Travelers Property Casualty 25674 Beador Construction Company, Inc. INSURER B: Travelers Indemnity Company 25682 26320 Lester Circle vaSURRoa Corona I CA 92883 (INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD' NSR TYPE OF INSURANCE POUCYNUMBER POLICY EFFECTIVE DATE fMM1DQNYYY1 POLICY EXPIRATION D ATE (MWDD1YYYYj LIMITS AUTHORIZED REPRESENTATIVE GENERAL LIABILITY Ryan Skinner /RYAN 1;61 a1 .-_ X _ EACH OCCURRENCE S 2,000,000 A X COMMERCIAL GENERAL LIABILITY I CLAIMS MADE X OCCUR DTEC002321,332TIL09 12/20/2009 12/20/2010 DAMA PR MISES EaEarmnce 5 300 000 MED EXP(my one person) S $ 000 PERSONAL B ADV INJURY $ 2,000,000 GENERAL AGGREGATE S 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGO $ 2,000,000 POLICY x I PR0. LOC AUTOMOBILE LIABILITY ANY AUTO IBTE8101161C283TIL09 COMBINED SINGLE LIMIT (Ea acdden) S 1,000,000 X BODILY INJURY (Perperson) $ A ALL OWNED AUTOS SCHEDULED AUTOS 12/20/2009 12/20/2010 BODILY INJURY (Peraeddent) S HIRED AUTOS NON-OWNEO AUTOS PROPERTY DAMAGE (Perecddenl) S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT OTHER THAN T ACC 5 NY AUTO S AUTO ONLY: AGG EXCESS I UMBRELLA UABIUTY I EACH OCCURRENCE 5 5,0001000 OCCUR F1 CLAIMS MADE DTSMCUP1161C283TIL09 12/20/2009 12/20/2010 X AGGREGATE S 5,00010-0-0- S S A DEDUCTIBLE S RETENTION S B WORKERS COMPENSATION ANDEMPLOYERS'UABIUTY YIN ANY PROPRIETORIPARTNERIEXECUTWE X WC STATU- OTH- OBy Lf[v11 E.L. EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED'! ❑ (Mandatory In NH) DTACRU81161C28330 1/15/2010 1/15/2011 E.L. DISEASE -EA EMPLOYE 5 1 )00,000 U yes, descries under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT S 1 l,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: Bridge Seismic Retrofits Contract No. 3531 The City of Newport Beach, its elected or appointed officers, agents, officials, employees and volunteers are named as Additional Insured, Primary s Non - Contributory and Waiver of Subrogation as respects to General Liability per endrosements CGD247 0805 and CGD316 0704 attached. Workers Compensation Waiver of Subrogation applies per endorsement WC990376 attached. +10 days notice of cancellation in the event of non - payment of premium. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2009101) © 1988 -2009 ACORD CORPORATION. All rights reserved. INS025 (200901) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Newport Beach DATE THEREOF, THE ISSUING INSURER WILL KX )((i(MAIL '30 DAYS WRITTEN Public Works Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Sauna Lyn Oyler FHD��C, 1��( FQdFJi11QX11t B�3( iCX�d4i���KkrDL��i14N�i�3 (LKSYOIf 3300 Newport Blvd. Newport Beach, CA 92663 AUTHORIZED REPRESENTATIVE Ryan Skinner /RYAN 1;61 a1 .-_ X _ ACORD 25 (2009101) © 1988 -2009 ACORD CORPORATION. All rights reserved. INS025 (200901) The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing . insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. I NS025 (200901) Beador Construction Policy# DTEC00232L332TIL09 CG D2 47 08 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED W[ d e 7 i i: 7_ T�� �7 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): The City of Newport Beach, its elected or appointed officers, agents, officials, employees and volunteers PROJECT /LOCATION OF COVERED OPERATIONS: Re: Bridge Seismic Retrofits Contract No. 3531 1. WHO IS AN INSURED — (Section II) is amended to include the person or organization shown in the Schedule above, but: a) Only with respect to liability for "bodily injury ", "property damage" or "personal injury "; and b) If, and only to the extent that, the injury or damage is caused by ads or omissions of you or your subcontractor in the performance of "your work" on or for the project, or at the location, shown in the Schedule. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by a "written contract requiring insurance" for that additional insured, the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement shall not increase the limits of insurance described in Section III — Limits Of Insurance. b) The insurance provided to the additional insured does not apply to "bodily injury ", "property damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying . services, including: L The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and if. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional insured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products- completed operations hazard" unless a "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, . and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if a "written contract requiring insurance" for that additional insured specifically requires that this insurance apply on a primary basis or a primary and non- contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance ". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other insurance ", whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under such "other insurance ". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occurrence" or an offense which may result in aclaim. To the extent possible, such notice should include: 1. How, when and where the "occurrence" or offense took place; fl. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: L Immediately record the specifics of the claim or "suit" and the date received; and U. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit ", cooperate with us in the investigation or settlement of the claim or defense against the "suit ", and otherwise comply with all policy conditions. d) The additional insured must tender the defense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insurance provided to the additional insured by this endorsement is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance' means that part of any written contract or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. CG D2 47 08 05 Beador Construction Co Policy # DTEC00232L332TIL09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS CTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — Provisions A.-H. and J. -N. of this endorsement broaden coverage, and provision I. of this endorsement may limit coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PROVISIONS of this endorsement carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insdured B. Extension of Coverage — Damage To Premises Rented To You • Perils of Ore, explosion, lightning, smoke, water • Limit increased to $300,000 C. Blanket Waiver of Subrogation D. Blanket Additional Insured— Managers or Lessors of Premises E. Incidental Medical Malpractice F. Extension of Coverage — Bodily Injury C. Contractual Liability — Railroads IL Additional Insured— State or Political Subdivisions 1. Other Insurance Condition J. Increased Supplementary Payments • Cost of bail bonds increased to $2,500 • Loss of earnings increased to $500 per day K. Knowledge and Notice of Occurrence or Offense L. Unintentional Omission M. Personal Injury — Assumed by Contract N. Blanket Additional Insured — Lessor of Leased Equipment PROVISIONS A. BROADENED NAMED INSURED 1. The Named Insured in Item 1. of the Declarations is as follows: 'Ihe person or organization named in Item I. of die Declarations and any organization, other than a partnership, joint venture or limited liability company, of which you maintain ownership or in which you maintain the majority interest on the effective date of the policy. However, coverage for any such additional organization will cease as of the date, if any, during the policy period, that you no longer maintain ownership of, or the majority interest in, such organization. 2. WHO IS AN' INSURED (Section 1'1) Item 4.a. is deleted mid replaced by the following: a. Coverage under this provision is afforded only until the I8Oth day a0er you acquire or form the organization or the end of the policy period, whichever is earlier. 3. This Provision A. does not apply to any person or organization for which coverage is excluded by endorsement. B. EXTENSION OF COVERAGE — DAMAGE TO PREMISES RENTED TO YOU 1. The last paragraph of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section 1 — Covemges) is deleted and replaced by the following: Exclusions c. through o. do not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water. A separate limit of insurance applies to this coverage as described in Section Ill Limits Of Insurance. 2. This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pressure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from water; c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Paragraph 6. of LIMITS OF INSURANCE (Section III) is deleted and replaced by the following: Subject to S. above, the Damage To Premises Rented To You Limit is the most we will pay under COVERAGE A. for the sum of all damages because of "property damage" to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water. The Damage To Premises Rented To You Limit will apply to all "property damage" proximately caused by the same "occurrence ", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water; or any combination of any of these causes. The Damage To Premises Rented To You Limit will be the higher of: a. $300,000; or b. The amount shown on the Declarations for Damage To Premises Rented To You Limit. 4. Paragraph a. of the definition of "insured contract" (DEFINITIONS — Section V) is deleted and replaced by the following: a. A contract fora lease of premises. however, that portion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning or water, is not an "insured contract "; 5. This Provision B. does not apply if coverage for Damage To Premises Rented To You of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I — Coverages) is excluded by endorsement. C. BLANKET WAIVER OF SUBROGATION We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of. premises owned or occupied by or rented or loaned to you; ongoing operations perforated by you or on your behalf, done under a contract with that person or organization; "your work" or "your products ". We waive this right where you have agreed to do so as part of a written contract, executed by you before the "bodily injury" or "properly damage" occurs or die "personal htjury" or "advertising injury" offense is committed. D. BLANKET ADDITIONAL INSURED — MANAGERS OR LESSORS OF PREMISES WHO 1S AN INSURED (Section 11) is amended to include as an insured any person or organization (referred to below as "additional insured ") with whom you have agreed in a written contract, executed before the "bodily injury" or "property damage' occurs or the "personal injury" or "advertising injury' offense is committed, to naive as an additional insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the following provisions:.. 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide in the written contract, or the limits shown on the Declarations, whichever are less. 2. The insurance afforded to the additional insured does not apply to: a. Any 'bodily injury' or "property damage" that occurs, or "personal injury" or "advertising injury' caused by an offense which is committed, after you cease to be a tenant in that premises; It. Any premises for which coverage is excluded by endorsement; or c. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. 3. The insurance afforded to the additional insured is excess over any valid and collectible 'other insurance" available to such additional insured, unless you have agreed in the written contract that this insurance must be primary to, or non- contributory with, such "other insurance ". E. INCIDENTAL. MEDICAL MALPRACTICE 1.. The following is added to paragraph 1. Insuring. Agreement of COVERAGE A. — BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I — Coverages): "Bodily injury" arising out of the rendering of, or failure to render, the following will be deemed to be caused by an "occurrence ": a. Medical, surgical, dental, laboratory, x -ray or nursing service, advice or instruction, or the related furnishing of food or beverages; b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances; c. First aid; or d. "Good Samaritan services." As used in this Provision E., "Good Samaritan services" are those medical services rendered or provided in an emergency and for which no remuneration is demanded or received. 2. Paragraph 2.a.(I)(d) of WHO IS AN INSURED (Section 11) does not apply to any registered nurse, licensed practical nurse, emergency medical technician or paramedic employed by you, but only while performing the services described in paragraph 1. above and while acting within the scope of their employment by you. Any "employees" rendering "Good Samaritan services" will be deemed to be acting within the scope of their employment by you. 3. The following exclusion is added to paragraph 2. Exclusions of COVERAGE A. — BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I — Coverages); (This insurance does not apply to:) 'Bodily injury' or "property damage" arising out of the willful violation of penal statute or ordinance relating to the sale of pharmaceuticals committed by or with the knowledge or consent of the insured. 4. For the purposes of determining the applicable limits of insurance, any act or omission together with all related acts or omissions in the furnishing . of the services described in paragraph 1. above to any one person will be deemed one "occurence ". 5. This Provision E. does not apply if you are in the business or occupation of providing any of the services described in paragraph 1. above. 6. The insurance provided by this Provision E. shall be excess over any valid and collectible 'other insurance" available to the insured, whether primary, excess, contingent or on any other basis, except for insurance that you bought specifically to apply in excess of the Limits of Insurance shown on the Declarations of this Coverage. Par. F. EXTENSION OF COVERAGE —BODILY INJURY The definition of "bodily injury' (DEFINITIONS — Section V) is deleted and replaced by the following: "Bodily injury" means bodily injury, . mental anguish, mental injury, shock; fright, disability, :humiliation, sickness or disease sustained by a person, including death resulting from any of these at any time. G. CONTRACTUAL LIABILITY— RAILROADS 1. Paragraph c. of the definition of "insured contract" (DEFINITIONS — Section V) is deleted and replaced by the following: c. Any easement or license agreement; 2. Paragraph L(I) of the definition of "insured contract" (DEFINITIONS — Section V) is deleted. H. ADDITIONAL INSURED —STATE OR POLITICAL SUBDIVISIONS— PERMITS WI10 IS AN INSURED (Section 11) is amended to include as an insured any state or political subdivision, subject to the following provisions: 1. This insurance applies only when required to be provided by you by an ordinance, law or building code and only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. 2. This insurance does not apply to: a. "Bodily injury," "property damage," "personal injury" or "advertising injury' arising out of operations performed for (lie state or political subdivision; or b. "Bodily injury" or "property damage" included in the "products- completed operations hazard ". 1. OTHER INSURANCE CONDITION A. COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), paragraph 4. (Other Insurance) is deleted and replaced by the following: 4. Other Insurance If valid and collectible "other insurance" is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary, our obligations are not affected unless any of the "other insurance" is also primary. Then, we will share with all that "other insurance" by the method described in c. below. b. Excess insurance This insurance is excess over any of the "other insurance ", whether primary, excess, contingent or on any other basis: (1) That is Fire, Extended Coverage, Builders Risk, Installation Risk. or similar coverage for "your work'; (2) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (4) If the loss arises out of the maintenance or use of aircraft, "autos ", or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability; or (5) That is available to the insured when the insured is an additional insured under any other policy, including any umbrella or excess policy. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any provider of "other insurance" has a duty to defend the insured against that "suit ". If no provider of "other insurance" defends, we will undertake to do so, but we will be entitled to the insured's rights against all those providers of "other insurance ". When this insurance is excess over "other insurance ", we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such "other insurance" would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self - insured amounts under that "other insurance ". We will share the remaining loss, if any, with any "other insurance" that is not described in this Excess Insurance provision. c. Method Of Sharing If all of the "other insurance" permits contribution by equal shares, we will follow this method also. Under this approach each provider of insurance contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the "other insurance" does not permit contribution by equal shares, we will contribute by limits. Under this method, the share of each provider of insurance is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all providers of insurance. B. The following definition is added to DEFINITIONS (Section. V): "Other insurance ": a. Means insurance, or the funding of losses, that is provided by, through or on behalf of'. (1) Another insurance company; (2) Us or any of our affiliated insurance companies, except when the Non cumulation of Each Occurrence Limit section of Paragraph 5 of LIMITS OF INSURANCE (Section III) or the Non cumulation of Personal and Advertising Injury limit sections of Paragraph 4 of LIMITS OF INSURANCE (Section 111) applies; (3) Any risk retention group; (4) Any self - insurance method or program, other than any funded by you and over which this Coverage Pan applies; or (5) Any similar risk transfer or risk management method.. b. Does not include umbrella insurance, or excess insurance, that you bought specifically to apply in excess of the Limits of Insurance shown on the Declarations of this Coverage Part. J. INCREASED SUPPLEMENTARY PAYMENTS Paragraphs l.h. and I.d. of SUPPLEMENTARY PAYMENTS — COVERAGES A AND B (Section 1 — Coverages) are amended as follows: 1. In paragraph I.b., the amount we will pay for the cost of bail bonds is increased to $2500. 2. In paragraph Ld., the amount we will pay for loss of earnings is increased to $500 a day. K. KNOWLEDGE AND NOTICE OF OCCURRENCE OR OFFENSE 1. The following is added to COMMERCIAL GENERAL LIABILITY CONDITIONS (Section M, paragraph 2. (Duties In The Event of Occurrence, Offense, Claim or Suit): Notice of an 'occurrence" or of an offense which may result in a claim must be given as soon as practicable after knowledge of the "occurrence" or offense has been reported to you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), or an "employee" (such as an insurance, loss control or risk manager or administrator) designated by you to give such notice. Knowledge by any other "employee" of an "occurrence" or offense does not imply that you also have such knowledge. 2. Notice of an "occurrence" or of an offense which may result in a claim will be deemed to be given as soon as practicable to us if it is given in good laith as soon as practicable to your workers' compensation insurer. This applies only if you subsequently give notice of the "occurrence" or offense to us as soon as practicable alter you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), or an "employee" (such as an insurance, loss control or risk manager or administrator) designated by you to give such notice discovers that the "occurrence" or offense may involve this policy. 3. This Provision K. does not apply as respects the specific number of days within which you arc required to notify us in writing of the abrupt commencement of a discharge, release or escape of "pollutants" that causes "bodily injury" or "property damage" which may otherwise be covered under this policy. L. UNINTENTIONAL OMISSION The following is added to COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), paragraph 6. (Representations): The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy shall not prejudice your rights under this insurance. However, this Provision L. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accordance with applicable slate insurance laws, codes or regulations. M. PERSONAL INJURY— ASSUMED. BY CONTRACT 1. "file following is added to Exclusion e. (1) of Paragraph 2., Exclusions of Coverage B. Personal Injury, Advertising Injury, and Web Site Injury Liability ofthe Web XTEND Liability endorsement: Solely for the purposes of liability assumed in an "insured contract ", reasonable attorney fees and necessary litigation expenses incurred by or for a party other dean an insured are deemed to be damages because of "personal injury" provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract "; and (b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. 2. Paragraph 2.d. of SUPPLEMENTARY PAYMENTS — COVERAGES A AND B (Section 1 — Coverages) is deleted and replaced by the following: d. The allegations in the "suit" and the information we know about the "occurrence" or offense are such that no conflict appears to exist between the interests of the insured and the interests of the indcmnilee; 3. The third sentence of Paragraph 2 of SUPPLEMENTARY PAYMENTS — COVERAGES A AND B (Section 1 — Coverages) is deleted and replaced by the following: Notwithstanding the provisions of Paragraph 2.b.(2) of Section 1 — Coverage A — Bodily Injury And Property Damage Liability, or the provisions of Paragraph 2.e.(t) of Section 1 — Coverage B — Personal Injury, Advertising Injury And Web Site Injury Liability, such payments will not be deemed to be damages for "bodily injury" and "property damage ", or damages for "personal injury", and will not reduce the limits of insurance. 4. This provision M. does not apply if coverage for "personal injury" liability is excluded by endorsement. N. BLANKET ADDITIONAL INSURED — LESSOR OF LEASED EQUIPMENT N410 IS AN INSURED (Section 11) is amended to include as an insured any person or organization (referred to below as "additional insured ") with whom you have agreed in a written contract, executed before the "bodily injury' or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed, to time as an additional insured, but only with respect to their liability for "bodily injury", "property damage ", "personal injury" or "advertising injury" caused, in whole or in part, by your acts or omissions in the maintenance, operation or use of equipment leased to you by such additional insured, subject to the following provisions: 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide in the written contract, or the limits shown on the Declarations, whichever are less. 2. Tic insurance afforded to the additional insured does not apply to any "bodily injury" or "property damage" that Occurs, or "personal injury" or "advertising injury" caused by an offense which is committed, other the equipment lease expires. 3. The insurance afforded to the additional insured is excess over any valid and collectible "other insurance" available to such additional insured, unless you have agreed in the written contract that this insurance must be primary to, or non- contributory with, such "other insurance ". CG D3 16 07 04 Beador Construction Company, Inc. Policy # DTACRU131161C28310 (BLANKET WAIVER) 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. 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 5.0 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER WC 99 03 76 00 Job Description October 12, 2010 City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Re: Bridge Seismic Retrofits Contract No. 3531 Dear Shauna; Please find enclosed two original executed contracts, performance and payment bonds, emergency contact information and a copy of our Accord certificate of insurance. Original certificate has been mailed to you under separate cover. If you have any questions, please do not hesitate to contact me. Thank you, Beador Construction Company, hic. �� Sumry Mind no Contract Administration 26320 Lester Circle a Corona, CA 92683 o (959) 674 -7352 a Fax (959) 674 -7495 e License #720483 09/29/2010 WED 15:07 PAX Please Provide the Following Emergency Contact Information: Project: Bridge Seismic Retrofit Program Contract No: C -3531 Name of Contractor: Beador Construction Fax No: 951 - 674 -7495 q51- Name of Superintendent/Foreman: Van 51 lW1f' J1 )-0. (Please Print) Office Phone: Qt- jt-LQ -1A -7?S2 Emergency Phone: QpQ • -7 a 1- 1 L04a 01001/001 Your firm has been awarded the contract for the above referenced project. Please take a moment to complete this form to provide contact information for our records. When completed, please fax to: Fax: 949 -644 -3318 City Of Newport Beach Public Works Department 3300 Newport Boulevard, Newport Beach, CA 92663 949- 644 -3311 Phone 949 - 644 -3318 Fax CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 10/13110 Dept. /Contact Received From: Shari Rooks Date Completed: 10/15/10 Sent to: Shari Rooks Kristin Walters Company /Person required to have certificate: Beador Construction Company, Inc. GENERAL LIABILITY A. INSURANCE COMPANY: Travelers Property Casualty B. AM BEST RATING (A-: VII or greater): "A + "(XV) C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? $2,000,000 E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. [I. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Travelers Property Casualt B. AM BEST RATING (A-: VII or greater) "A + "(XV) C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No F. 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. 111. WORKERS' COMPENSATION A. INSURANCE COMPANY: Travelers Indemnity Company B. AM BEST RATING (A-: VII or greater): "A + ^(XV) C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: Xristbi .. - Wa[tel,s Agent of Brown & Brown Date Broker of record for the City of Newport Beach 10%1$110 ❑ Requires approval /exception /waiver by Risk Management B &B initials Comments: Approved: Management Date ® Yes ❑ No The Society For ■ Protective Coatings Techno Nest a. divison of Techno Coatings, Inc of Anaheim, CA has met or exceeded the requirernents set forth in the SSPC Painting Contractor Certifreation Progra For F I � '•�,� r 1111 Ry 9 � I NOW Enclosed shop M� ' r7r1•�id <•rN, ssr� . �0 �I]wHq �T0 � `» W N ct . QP3. . ....March 3.1:20 -10- Kuch-34- :201.1 ...................... l4lrirlunvrr Prriorl O"n ", a C.ld'iscd w mnuu SSPC -1, d 12-291 2131 cxI.'L235 yr cxt- 2207 m coi f' mnhcnficllc of mlificali.., V� O "O \ I \ N N � H C C 7 IT1 C, 4.l m �1 N Ir m x z . O - A O J N N SPECS SIGNATURE SHEET i, a ;t CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT OCT 1 ? 9ntn Agenda Item No. 5 October 12, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Tom Sandefur, Associate Civil Engineer 949 - 644 -3312 or tandefur@NewportBeachCa.gov SUBJECT: SEISMIC RETROFIT OF SAN DIEGO CREEK BRIDGES AND GOLDENROD PEDESTRIAN OVERCROSSING - AWARD OF CONTRACT IVO. 3531 ISSUE Staff requests City Council approval to award the Bridge Seismic Retrofit Project to Beador Construction Company. RECOMMENDATIONS 1. Approve the project plans and specifications. 2. Award Contract No. 3531 to Beador Construction Company for the Total Bid Price of $706,034.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $71,000 to cover the cost of unforeseen work. DISCUSSION The 1971 San Fernando earthquake exposed a number of deficiencies in the State of California's ( Caltrans') bridge design methods. Caltrans determined that all bridges within the State should be made capable of surviving a maximum credible earthquake. Some damage was felt to be inevitable, but collapse was believed to be preventable with appropriate "seismic retrofitting ". Caltrans' seismic retrofit program was initiated immediately after that earthquake. The initial round of retrofitting was completed in 1987 after 1300 State highway system bridges had been retrofitted. Bridge Seismic Retrofits Project Award of Contract No.3531 October 12, 2010 Page 2 The City participated in this. effort by retrofitting the Balboa Island Bridge in 1980 and Lido Isle and Little Balboa Island Bridges in 1984. These three bridges were retrofitted at the City's sole expense. The October 1989 Loma Prieta earthquake brought about a second phase of bridge seismic retrofit in which all 12,000 publicly -owned bridges within the State would be reanalyzed to determine their resistance to collapse due to a large earthquake. In 1990, City staff began working with Caltrans officials to expedite this second phase seismic analysis of the City's 10 bridges. The City retained Dokken Engineering to prepare a detailed seismic analysis and to present their findings in a "Strategy Meeting" at Caltrans' Sacramento offices. Various alternatives for strategy were considered but Caltrans did not issue approval and State - approved funding to proceed with design. In 1994, Caltrans changed its methodology for bridge seismic analysis. Dokken Engineering prepared another analysis and report and again presented their findings in a "Strategy Meeting." In 1996, Caltrans published a "mandatory seismic retrofit list," which indicated three of the City's bridges required retrofit work. They also approved 80% Highway Bridge Replacement and Rehabilitation (HBRR) funding provided by the Federal Highway Administration (FHWA) and 20% State Seismic Retrofit funding to design and construct the retrofits and issued approval to proceed with the three bridges. The retrofit work was completed on these bridges (Balboa Island, Lido Isle, and Newport Island) by January 1999. That work complete, the City, with Dokken Engineering, then began to work on the next group of bridges in the City that require seismic retrofit. Design on this group (Jamboree Road North and Southbound over San Diego Creek and the Goldenrod Pedestrian Overcrossing) began in 2004. The retrofit design has gone through extensive environmental permitting. In addition, in 2009, Caltrans required that another Strategy Meeting be held to review the bridges. As a result of that meeting, Caltrans requested the retrofit strategy be changed again and a new set of plans generated. Caltrans eventually signed off on the Plans and Specifications in July 2010, allowing us to advertise the project. The current reimbursement for this work involves 88.53% of the cost being covered by the FHWA funds and the City match portion (11.47 %) being covered by State Proposition 1 B funds administered by Caltrans. The retrofit plans for the Jamboree Road bridges include abutment backwall retrofits, bent infill walls, and a new structural approach slab. For Goldenrod Pedestrian Overcrossing the retrofit consists of retrofitting the fixed and expansion bents, retrofitting the abutments, and wrapping the columns in steel casings. Bridge Seismic Retrofits Project Award of Contract No.3531 October 12, 2010 Page 3 At 10:00 a.m. on September 15, 2010 the City Clerk opened and read the following bids for this project: i Y L• L� [:� i7_ l u[ i 7� I� � t i $706,034.00 $826,403.60 $947,696.52 $ 1,058,374.20 $1,066,472.20 $1,178,053.60 $1,292,694.00 The low total bid amount is only 41% of the Engineers Estimate of $1,700,000. The large difference between the Engineers Estimate and the actual bid is likely the result of several factors. First, the heavy civil construction bidding environment is very favorable at this moment due to the low demand for large construction projects. Second, the Engineer's Estimate was prepared using a State cost index set to 2007 when costs were historically high. The low bidder, Beador Construction, possesses a California State Contractors License Classification "A" as required by the project specifications. A check of the Contractors references indicates they have satisfactorily completed similar projects for other municipalities. Pursuant to the Contract Specifications, the Contractor will have 150 consecutive working days to complete the work. ENVIRONMENTAL REVIEW The CEQA review for this project included the following technical studies: • Programmatic Section 4(f), March 2007 • Historic Property Report, July 2006 • Location Hydraulic Study, December 2006 • Natural Environmental Study (Minimal Impacts), September 2006 • Hazardous Waste Initial Site Assessment, May 2006 • Water Quality Assessment Report, May 2006 All mitigation measures identified in the technical studies are incorporated in the PS &E package. The project has received the following permits: • Coastal Development Permit (California Coastal Commission) • Section 1600 (California Department of Fish and Game) • Section 404 (Army Corp of Engineers) • Section 401 Certification of Water Quality (Regional Water Quality Control Board) • Section 402 (National Pollutant Discharge Elimination System Permits) 3 BIDDER Low Beador Construction Company 2 Peterson -Chase 3 John S. Meek, Inc. 4 Accent Builders 5 Powell Constructors 6 4 -Con Engineering 7 Griffith Company i Y L• L� [:� i7_ l u[ i 7� I� � t i $706,034.00 $826,403.60 $947,696.52 $ 1,058,374.20 $1,066,472.20 $1,178,053.60 $1,292,694.00 The low total bid amount is only 41% of the Engineers Estimate of $1,700,000. The large difference between the Engineers Estimate and the actual bid is likely the result of several factors. First, the heavy civil construction bidding environment is very favorable at this moment due to the low demand for large construction projects. Second, the Engineer's Estimate was prepared using a State cost index set to 2007 when costs were historically high. The low bidder, Beador Construction, possesses a California State Contractors License Classification "A" as required by the project specifications. A check of the Contractors references indicates they have satisfactorily completed similar projects for other municipalities. Pursuant to the Contract Specifications, the Contractor will have 150 consecutive working days to complete the work. ENVIRONMENTAL REVIEW The CEQA review for this project included the following technical studies: • Programmatic Section 4(f), March 2007 • Historic Property Report, July 2006 • Location Hydraulic Study, December 2006 • Natural Environmental Study (Minimal Impacts), September 2006 • Hazardous Waste Initial Site Assessment, May 2006 • Water Quality Assessment Report, May 2006 All mitigation measures identified in the technical studies are incorporated in the PS &E package. The project has received the following permits: • Coastal Development Permit (California Coastal Commission) • Section 1600 (California Department of Fish and Game) • Section 404 (Army Corp of Engineers) • Section 401 Certification of Water Quality (Regional Water Quality Control Board) • Section 402 (National Pollutant Discharge Elimination System Permits) 3 Bridge Seismic Retrofits Project Award of Contract No.3531 October 12, 2010 Page 4 PUBLIC NOTICE The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work two City prepared notices are distributed by the contractor to both residents and businesses. The first notice will be distributed ten days before work in the area and the second notice 48 hours prior to starting work in the area. Geotechnical, Materials, Testing, and Survey Services: Geotechnical, Materials Testing, and Survey Services shall be provided under the Professional Services Agreement with AECOM to supply construction management services on this project. The City Council will consider approval of a Professional Services Agreement with AECOM at it October 12, 2010, meeting. FUNDING AVAILABILITY This work will be paid from federal and state sources with 88.53% of the cost funded from Federal Highway Bridge Rehabilitation Funds and 11.47% funded from Proposition 1B funds. Both programs are administered by Caltrans and reimbursement will be sought through Caltrans. Sufficient funds are available in the following account for the project: Account Description Contributions Proposed uses are as follows: Vendor . Beador Construction, Inc. Beador Construction, Inc. Various Prepared by: Tom Sandefur Associate Civil Engineer Attachments: Project Location Maps Account Number 7251- C5100695 Total Amount $ 778,034.00 $ 778,034.00 Purpose Construction Contract $ Construction Contingency $ Printing and Incidentals $ Total: $ Submitted by: Amount 706,034.00 71,000.00 1.000.00 778,034.00 ;n �tsaaum Works Director 4- LOCATION MAP JAMBOREE ROAD OVER SAN DIEGO CREEK BRIDGE RETROFIT CONTRACT NO. 3531 B4YVIEW WAY Colo \AGO �S SP PROJECT LOCATION m O m m BACK BAY J Q J 4 PROFESSIONAL SERVICES AGREEMENT FOR BRIDGE SEISMIC RETROFIT ANALYSIS C -3�3 THIS AGREEMENT, entered into this )Jw day of 2002, by and between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City "), and Dokken Engineering, whose address is 11171 Sun Center Drive, Suite 250, Rancho Cordova, California, 95670 (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. City has obtained federal and state funds to perform analysis upon the following four City -owned bridges to determine their need for seismic retrofit ('Project'): Grand Canal Bridge San Diego Creek Bridge S/B San Diego Creek Bridge N/B Goldenrod Avenue POC Bridge No. 55C -0015 Bridge No. 55C -0149L Bridge No. 55C -0149R Bridge No. 55C -0151 B. City desires to engage Consultant to provide professional services for Project upon the terms and conditions contained in this Agreement. C. The principal member of Consultant for purpose of Project is Richard Liptak, -1- PE, Principal -in- charge. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the terms and conditions provided in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the _ day of , 2002, and shall terminate on the _ day of , 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 One Hundred Thirty Two Thousand, Six Hundred Seven and 97/100 Dollars ($132,607.97). -2- 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly progress invoices to City payable by City within thirty (30) days of receipt of invoice. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shall reimburse Consultant only for those costs or expenses, which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. 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. Other costs and /or payments specifically authorized in advance in writing by City and incurred by Consultant in the performance of this Agreement. 4. STANDARD OF CARE All services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required -3- to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents to be the agents or employees of City. Consultant shall have the responsibility for and control over the details and means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies, which may have jurisdiction or interest in -4- 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 Matthew W. Salveson, PE, to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B," whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement. 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. -5- 9. CITY POLICY Consultant shall discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator. 11. PROGRESS Consultant is responsible to keep the Project Administrator 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 worts conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this M indemnity shall be construed as authorizing, any award of attomeys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. Insurance policies with original endorsements indemnifying Project for the following coverages shall be issued by companies admitted to do business in the State of California and assigned Best's A- VII or better rating: A. Worker's compensation insurance, including "Wavier of Subrogation" clause, covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance, including additional insured and primary and non - contributory wording, covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 -7- 0 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 covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and properly damage. D. Professional errors and omissions insurance, which covers the services, to be performed in connection with this Agreement in the minimum amount of $1 million. Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, which Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing workers compensation, comprehensive general, In 9 0 and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation, which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or co- tenant if Consultant is a partnership or joint - venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty-five percent (25 %) or more of the assets of the corporation, partnership orjoint- venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by 91 • i 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 field review to verify the accuracy of information provided by City or others. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. All reproduction shall be the responsibility of Consultant. -10- 0 0 18. ADMINISTRATION The Public Works Department will administer this Agreement. Lloyd Dalton, PE, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date -11- E 0 of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be bome by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. -12- 0 0 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. Subcontracts exceeding $25,000 in cost shall contain all the provisions of this Agreement. 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 c/o: Lloyd Dalton, PE City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 (949) 644 -3328 Fax (949) 644 -3308 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Matthew W. Salveson, PE Dokken Engineering 11171 Sun Center Drive, Suite 250 Rancho Cordova, CA 95670 (916) 858 -0642 Fax (9 16) 858 -0643 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 -13- L 0 of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting parry written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and -14- • • agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his/her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 31. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All drawings shall be transmitted to the City in the City's latest adopted version of AutoCAD in ".dwg" file format. All written documents shall be transmitted to the City in the -15- 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. 33. COST PRINCIPLES Federal Acquisition Regulations contained in Title 48, CFR 31 are the governing factors regarding allowable elements of cost. 34. COVENANT AGAINST CONTINGENT FEES The Consultant warrants that he /she has not employed or retained any company or person, other than a bona fide employee working for the consultant, to solicit or secure this agreement, and that he /she has not paid or agreed to pay any company or person, other than the bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon of resulting from the award of formation of this agreement. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability or at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 35. DOCUMENTATION The Consultant shall document the results of the work to the satisfaction of the City, the State of California and the Federal Highway Administration. This include the -16- 0 0 preparation of progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the objectives of this Agreement. 36. COMPLIANCE WITH LAWS AND WAGE RATES The Consultant shall comply with federal, State and City prevailing wage rates and their payment in accordance with California Labor Code, Section 1775. 37. DISADVANTAGED BUSINESS ENTERPRISE CONSIDERATIONS The Consultant shall give consideration to DBE firms as specified in 23 CFR 172.5(e) and Appendix A to Part 26 of 49 CFR. Evidence must be presented of "good faith" effort, when applicable. 38. SIGNATURES The Consultant or his responsible engineer shall sign all calculations, reports, plans, specifications and estimates prepared for Project and, where appropriate, affix his engineering registration seal and number. 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: IN City Clerk CITY OF NEWPORT BEACH A Municipal Corporation IN Mayor DOKKEN ENGINEERING F: \USERS\PBV\&Shared\Agreements \FY 02 -03 \DOKKEN- BRIDGE SEISMIC ANALYSIS.doc Ere • preparation of progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the objectives of this Agreement. 36. COMPLIANCE WITH LAWS AND WAGE RATES The Consultant shall comply with federal, State and City prevailing wage rates and their payment in accordance with California Labor Code, Section 1775. 37. DISADVANTAGED BUSINESS ENTERPRISE CONSIDERATIONS The Consultant shall give consideration to DBE firms as specified in 23 CFR 172.5(e) and Appendix A to Part 26 of 49 CFR. Evidence must be presented of "good faith" effort, when applicable. 38. SIGNATURES The Consultant or his responsible engineer shall sign all calculations, reports, plans, specifications and estimates prepared for Project and, where appropriate, affix his engineering registration seal and number. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: RPM/ ATTEST: By YYI (f� ltinz. a o I giez,6 City Clerk CITY OF NEWPORT BEACH A Municipal Corporation By. Mayor DOKKEN ENGINEERING W ;, W.A If ,USERS\PBW\Shared\Agreements \FY 02- 03\DOKKEN- BRIDGE SEISMIC ANALYSIS.doc -17- SCOPE Dokken Engineering has been involved with this project for over 10 years. We have a thorough understanding of the project requirements and we will deliver a superior product in a timely and cost efficient manner. Our proposed scope is as follows: Task l.0 Project Management Prepare For and Attend Project Development Team (PDT) Meetings. PDT meetings with the City of Newport Beach Project Manager, Caltrans, and other representatives from affected agencies will be held once a month. A Meeting Notice, an Agenda and Meeting Minutes will be prepared for each meeting. The Meeting Minutes will be made available to PDT members within seven days of the meeting. Submit Progress Reports. Dokken Engineering will prepare monthly progress reports to record and document the progress of the project. The reports of expenditures for the project will be organized by task and milestone. Expenditures include direct labor costs, other direct costs and subconsultant costs. These reports will be included as supporting data for invoices presented to the City every month. Quality Control. A Quality Control Plan will be established for this project. It will be provided to the City within two weeks of Notice to Proceed for review and approval. Dokken Engineering's Quality Control Program is our employees' personal commitment to guaranteeing the highest quality work product to our clients. The Dokken Engineering Quality Control Program includes every proposal, plan, calculation, estimate, report, specification, inspector's diary, progress report, meeting agenda, meeting note, schedule, invoice and includes work performed by subconsultants. Dokken Engineering takes full responsibility for all work products. A Quality Control Plan is prepared for each project and is customized for the work included in that project. The plan includes a description of the work to be done and addresses how and when quality control reviews are. performed and by whom. Check lists for the type of deliverables included in the project are included in the plan and used by the quality control reviewers. The checklists have been prepared based on numerous client check lists, Caltrans check lists and Dokken Engineering's experiences. These checklists are updated every time a new problem exists so that the problem never occurs again. A Quality Control Engineer will be assigned to every project and will be responsible for performing the reviews and providing written comments to the Project Manager for incorporation into the project deliverable BEFORE the submittal. The Quality Control Engineer will be given the actual deliverable on which to perform the review, one week BEFORE the submittal. If the deliverable is a set of plans, then 100% of the plan sheets must be provided to the reviewer before the review can begin. If the deliverable is a report, then the completed and bound report must be provided. In addition to the Quality Control Engineer's review, the Office Manager in which the deliverable was prepared will perform a Quality Control review at the same time as the QC Engineer's review. The Office Manager will prepare written comments and provide them to the Project Manager. The Quality Control Plan is written by the Quality Control Engineer and the Project Manager and reviewed by the Office Manager. The Quality Control Plan is signed by the Project Engineer, the Quality Control Engineer, the Project Manager, the Dokken Engineering Office Manager and by the manager for each subconsultant. Ciry of Newport Beach D O KK E N Bridge Seismic Retrofit Analysis ® Z" a. r s. a. w a EXHIBIT A Prepare/Update Project Schedule. Within three weeks of the NTP, Dokken Engineering will provide a detailed project baseline schedule, indicating milestones, major activities and deliverables, to the City for review and comments. An updated schedule, supplied for every PDT meeting, will compare the current schedule with the baseline schedule to determine the progress of the project. Prepare/Hold Kick -Off Meeting. A kick -off meeting will be scheduled within three weeks of NTP. Dokken Engineering will contact all members of the PDT to coordinate the scheduled meeting date. The primary meeting objectives will be to review the project scope of work, establish project protocol, finalize the project schedule, and identify key project issues and goals. An agenda and meeting minutes will be prepared for the kick -off meeting. Task 2.0 Project Initiation Dokken Engineering will assemble all existing structural and geotechnical data. Very little effort will need to be expended on this task. We have already thoroughly analyzed all existing data, inspection reports, geotechnical investigations, as- builts, and seismic investigations. Dokken will initiate contact with Caltrans Structures Local Assistance and review Caltrans' files on these bridge structures to insure that the City has all relevant information. A copy of all relevant data will be forwarded to the City for their reference. Task 3.0 Geotechnical Investigations Geotechnical investigations will be performed by Parikh Consultants, a certified Disadvantaged Business Enterprise. All of the four bridge structures are proposed to be investigated by drilling one boring at each of the three sites. San Diego Creek Bridge is a Left and Right structure, therefore, only one boring is proposed between the two. Following is a task breakdown for the proposed geotechnical work: Research and Data Collection., Research and data collection will included review of readily available geologic and soil literature in the vicinity of the site including review of any as-built drawings and existing LOTB. Field Exploration. For the proposed four bridge structures, Parikh will drill three borings to depths from 50 to 100 feet at each of the three locations. These explorations will provide an evaluation of subsurface conditions for the proposed structures. The boring locations will depend upon the available access and any boring data from previous studies. It is anticipated that a truck mounted drill rig will be used. Traffic control is anticipated. Parikh will classify and continuously log subsurface soil conditions encountered in each test boring at the time of drilling. They will obtain relatively undisturbed and bulk samples of substrata from test borings. The borings will be drilled and capped in accordance with the permit requirements from the city. Generally the borings are required to be backfilled with cement grout. The drill cuttings will have to be drummed and disposed off site. Laboratory Testing. Parikh will perform limited laboratory tests on representative soil samples such as moisture density, consolidation, unconfined compression, gradation analyses, corrosion tests and Plasticity Index test, as necessary. Soils Analysis/Evaluation. Parikh will perform engineering analyses and develop design recommendations for the proposed foundations. Draft Foundation Memo (Type Selection/Seismic Strategy Letter). Parikh will prepare preliminary recommendations for foundations and provide a Type Selection/Seismic Strategy Memo with the LOTB. This will include preliminary design recommendations for foundation types and footing elevations lateral design capacities, pile foundation recommendations or spread footings. The memo will discuss seismic City of Newport Beach D O KKE N Bridge Seismic Retrofit Analysis e n o.......... a considerations, evaluate the liquefaction potential and comment on the site soil conditions from this standpoint. Information related to Caltrans Seismic design criteria (SDC V 1.2) such as depth to rock like material, ARS Curves, etc. shall be provided. They will prepare three separate preliminary Foundation memos (one for each location/structure) and will provide boring logs. Task 4.0 Preliminary Seismic Report Dokken Engineering will assemble a Preliminary Seismic Report. The report will be based on past seismic investigations (by Dokken Engineering) and preliminary geotechnical investigations by Parikh Consultants. It will provide background information and preliminary recommendations for use by the City and Caltrans during the Site Meeting (see below). The format will be similar to the July 2001 seismic report by Dokken Engineering. Task 5.0 Site Meeting Dokken Engineering will coordinate a field meeting at the bridge sites. Attendees will include Caltrans structures local assistance, the City, Dokken Engineering and its subconsultants, as well as any other interested parties. Dokken will distribute the Preliminary Seismic Report prior to the meeting. The meeting will address existing bridge deficiencies, investigation and analysis techniques, seismic retrofit alternatives, and construction impacts. Meeting minutes will be generated and distributed within one week of the meeting. Task 6.0 Draft Seismic Strategy Report Dokken Engineering will expand the Preliminary Seismic Report into a Draft Seismic Strategy Report. This report will include: Introduction; Background; Seismic Analysis; Geotechnical Recommendations; Retrofit Recommendations; Construction Cost Estimates; and Seismic Retrofit General Plans. The report will be submitted to the City for review and approval prior to submittal to Caltrans. The report will be discussed in detail during the Seismic Strategy Meeting with Caltrans. Task 7.0 Seismic Strategy Meeting Dokken Engineering will attend the Caltrans Seismic Strategy Meeting with the City. We will introduce each of the structures, discuss structural deficiencies, and make recommendations for seismic retrofit. We will make sure that all outstanding seismic issues are resolved at this meeting. Task 8.0 Final Seismic Strategy Report Dokken Engineering will generate detailed meeting minutes from the Seismic Strategy Meeting and include these in the Final Seismic Strategy Report. The fmal report will also include any additional investigations necessitated by the results of the strategy meeting. This report will be the basis of Caltrans approval to proceed with PS&E for the seismic retrofit of any of the structures. City of Newport Beach D O KK E N Bridge Seismic Retrofit Analysis ®a x: ,x e ®DOKKEN E NG,I N E E R I.NG www.d okken eo Lin verin g.00m RATE SCHEDULE Effective June 1, 2002 through May 31, 2003 Professional and supporting staff services will be gilled at the following hourly rates: Exhibit B Senior Principal $190.00 Project Manager $155.00 Engineering Specialist $155.00 Senior Engineer $135.00 Associate Engineer $100.00 Assistant Engineer $85.00 CAD/Detailer II $100.00 CAD/Detailer I $80.00 Administrative/Clerical $75.00 Ordinary supplies and equipment are included in t(Ie i above hourly rates. The following are considered. items of special charge and their costs will be added at the following rates: Mileage $0.31 /mile Travel Expenses Actual Cost Per Diem $119.00 /day Outside Reproduction Actual Cost Projects requiring large amounts of computer and jdata processing resources relative to the professional services will be billed separately for,those.resources using appropriate computer. billing rates. Richard T. Liptak, P.E. - President 11171 SUN CENTER DRIVE, SUITE 250 a RANCHO CORDOVA, CA 95670.113 TEL:916- 858 -0642 FAx:916- 858 -0643 COMPANY: Contract Mngr: Lloyd Dalton 0 Dokken Engineenng Othw Dbeet Costs $92,120.96 Travel um cew wa. cow ovemigm MNI 525.00 2 550.00 CoukrSa 550.00 1 550.00 F .8N . Coven 5100.00 1 5100.0 D UL $100.00 1 5100.0 Total SUbC.na.ft r Direct Costs $17.915.0 TmW Aber Di Costs 530000 Subl suannt Name iPoem COneuamb Gedaeu 362.et Tote) Subconsubet COSts 362.03 0 Prime or Sub: Prime Tbtel Coat Date: 1"UFw Labor $92,120.96 Travel $930.0 ouw obr 0W $19$15.00 subco uft N $31.362.3 Total Coat $132,607.97 6ubm uttant Direct Coat as cow Wfta a Lab Wok (Parer ) 517,915.00 Total SUbC.na.ft r Direct Costs $17.915.0 COMPANY: Parikh Consultants Date: I"UI-02 Prime or Sub: Sub Contract Mnqr. Lloyd Dalton lion Cod": proje Mane F. Teak fee d. B= P!AFn_q_Gedoglw G= Senor EnBbaeme Geobpo1 C= fmnVEn9ine l R Stets Engine. E= Lab--w Te niaen SolOO©II- mono EIIIIIIIIII[Elam 11111111111111iff=1 Im nommER� Imm 911111111110 lion Cod": proje Mane F. Teak fee d. B= P!AFn_q_Gedoglw G= Senor EnBbaeme Geobpo1 C= fmnVEn9ine l R Stets Engine. E= Lab--w Te niaen • • 4 COMPANY: DokIren Engineering Date: 19JU1 -02 Prime or Sue: Prime Contract Mngn: Lloyd Dalton an Coder. a N-0� F= wa m 5 a. CNOC C= CADDiCet r C. pmj M Y•r o- TIF Ereuieel E= PetctlW Ene6eer NONE WMEMIN � NONE �' EVEN MEMo MEMN MENOMONEE Iowa MMEN MENOMONEE MIMMOMMEM MMEN WOMEN! momm Rum Now mmml�m I .11 .1.11 an Coder. a N-0� F= wa m 5 a. CNOC C= CADDiCet r C. pmj M Y•r o- TIF Ereuieel E= PetctlW Ene6eer AGORD CERTIFICA OF LIABILITY INSU NCF,,,o!� P 08; 19/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE R C Fischer & Co - Sacramento HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2210 - X Street # 101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Sacramento CA 95816 �._. Phone: 916- 443 -5963 Fax: 916- 43•' 97x3 i " `�`: ' �'('g INSURERS AFFORDING COVERAGE INSURED I SURER A: Golden Eagle Insurance Co AUG 2 6 2002 1SURER B: Flremans Fund Insurance Co Dokken Engineeringg I SURER C: 11171 Sun Center Dr. Ste.. 250 I SURERD: Rancho Cordova CA 95 70 . SURER E: �UVtKALStJ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE F INSURANCE POLICY NUMBER DATE MMID DATE M/IlD LIMITS LITY VXCOMMERCIAL GENERAL LIABILITY I_....: S MADE OCCUR I X�Addl Insured i CBP9597901 05/12/02 05/12/03 EACH OCCURRENCE S1,000,000 FIREDAMAGE(Myonefre) S 100 000 MED EXP(Any one Person) 55,000 PERSONAL BADVINJURY $1,000,000 per attached form • GENERAL AGGREGATE s2,000,000 _ AGGREGATE LIMIT APPLIES PER POLICY PRO- J LOC ECT PRODUCTS- COMP/OP AGG 52,000,000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS Addl Insured per CBP9597901 05/12/02 05/12/03 COMBINED SINGLE LIMB (Ea amident) S1 000 000 : X BODILY INJURY (Per Person) E BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per aPUAenll s attached form GARAGE LIABILITY ANY AUTO AUTO ONLY -EA ACCIDENT 5 OTHER THAN EAACC AUTO ONLY: AGG S S H EXCESS LIABILITY X OCCUR EICLAIMS MADE DEDUCTIBLE RETENTION E XEK00085162600 05/12/02 05/12/03 EACH OCCURRENCE s4,000,000 AGGREGATE s4,000,000 S $ $ WORKERS COMPENSATION AND EMPLOYERS* LIABILITY ITO RY LIMITS I I ER E.L. EACH ACCIDENT S E.L. DISEASE - EA EMPLOYE E.L. DISEASE -POUCV LIMB S OTHER I DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS *10 Days Notice of Cancellation for Non Payment of Premium, 30 days for all other notices. Certificate Holder is named as Additional Insured per form(s attached. Waiver of Subrogation. to be issued by the' company. Project: Newport Beach Type Selection (DE -1354) "2ND REVISI CERTIFICATE HOLDER Y I ADDITIONAL INSURED; INSURER LETTER:_ CANCELLATION NSWPO -1 SHOULD ANY OF THE ABOVE DESCRIB96 POLICIES BE CANCELLED BEFORE THE OPIRATION City of Newport Beach DATE THEREOF, THE ISSUING INSUR WILLSdSQDBRIJIKIAUML *30 DAYS/WRTTIEN Public Works Department NOTICE TO THE CERTIFICATE HOLD R NAMED TO THE LEFT,B�iI1ZGF Attn: Lloyd R. Dalton, P.S. iMYNyve�47bY+e�ElisXrRSlyoYe 7&*W'ffi1N 3300 Newport Blvd. Newport Beach CA 92658 -8915 l#�6A975AnV6:sf 0 GOLDEN EAGLE INSURANCE CORPORATION P. O. BOX 85826 - SAN DIEGO, CA. 92186 -5826 0 PRIMARY INSURANCE ENDORSEMENT Policy No. CBP9597901 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. This endorsement modifies the following policy coverage forms: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE FORM Endorsement No. (If issued after the effective date) : Endorsement Effective: 05/12/02 (At 12:01 A.M. Standard Time) Named Insured: Dokken Engineering The insurance provided by this policy for the benefit of the Additional Insured shown in the Schedule shall be primary insurance as specifically described in COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG0001 Section IV Commercial General Liability Conditions, 4. Other Insurance a. Primary Insurance SCHEDULE Name of Person or Organization: City of Newport Beach, it's elected officials, officers, representatives and employees, for liability arising from Consultant's services as described herein. GECG 827A (11/97) 0 0 GOLDEN EAGLE INSURANCE CORPORATION P.O. BOX 85826 — SAN DIEGO, CA 92186 -5826 ADDITIONAL INSURED (Person of Organization) Policy No: CBP9597901 This endorsement applies to: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM The person or organization shown in the Schedule is an insured to the extent of their liability for the conduct of an insured Under Section II — Liability Coverage of this policy. SCHEDULE City of Newport Beach, it's elected officials, officers, representatives and employees, for liability arising from Consultant's services as described herein. RUG 23 2002 9:10RM HP LRSERJET 3200 p.3 • • GOLDEN EAGLE INSURANCE CORPORATION P. O. BOX 85826 - SAN DIEGO, CA, 92186-5826 PRIMARY INSURANCE ENDORSEMENT Policy No. CBP9597901 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. This endorsement modifies the following policy coverage forms: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE FORM Endorsement No. (If issued after the effective data) Endorsement Effective: 05112/02 (At 12:01 A.M. Standard Tithe) Neared Insured: Dokkca Engineering The insurance provided by this policy for the benefit of the Additional Insured shown in the Schedule shall be primary insurance, any other insurance available to that person or organization is excess and noncontributing as specifically described in COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG0001 Section IV Commercial General Liability Conditions, 4. Other Insurance a. Primary Insurance SCHEDULE Name of Person or Organization: City of Newport Beach, it's elected officials, officers, representatives and employees, for liability arising from Consultant's services as described herein. GECG 927A (11/97) E POOHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142 -0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE AUGUST 19, 2002 GROUP: POLICY NUMBER: 1697711 -2002 CERTIFICATE ID: 5 CERTIFICATE EXPIRES: 07 -01 -2003 07- 01- 2002/07 -01 -2003 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 NEWPORT BLVD. NEWPORT BEACH CA 92658-8915 *10 DAYS WRITTEN NOTICE FOR NONPAYMENT OF PREMIUM. PROJECT: NEWPORT BEACH TYPE SELECTION (DE -1354) This is to certify that we have issued a valid Workers Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance 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. AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,00 0 PER OCCURRENCE ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 07 -01 -2002 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 08 -19 -2002 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTM EMPLOYER DOKKEN ENGINEERING 11171 SUN CTR DR #250 RANCHO CORDOVA CA 95670 SCIF 10265 FEPF -1.11: JV 1 AUG -22 -2002 THU 03:21 PM CAL SURANCE FAX N0, 7149391654 P. 01 Fax A re4y41 8 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: f) -0 3- DeptJContact Received From: 5 / l d /P1� Date Completed: Sent to: -5,Pt Ct u n o~ By: ( _Ljo, I fca Company /Person required to have certificate; 190 L^ l -4e n F r Q j P e/ 1 r) fir,_„ I. GENERAL LIABILITY A. INSURANCE COMPANY: ripi ?.rt C-C2 B. AM BEST RATING (A: VII or greater): }" C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? (ryes ❑ No D. LIMITS (Must be $IM or greater): What is limit provided? m + E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? ft Yes © No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its NrYes officers, officials, employees and volunteers): Is it Included? ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ❑ Yes �No H. CAUTION! (Confirm that loss or liability of the named insured Is not limited solely by their negligence) Does endorsement include "solely by n &' negligence" warding? ❑ Yes ❑ No 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. 11. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: CTbi Z B. AM BEST RATING (A: VII or greater): C. ADMITTED COMPANY (Must be Cafrfomia Admitted): Yes Is Company admitted In California? � ❑ No D. LIMITS (Must be $1M min. BI & PD and $500.000 UM): What is limits provided? ( in I E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ❑ Yes Z'No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): ()/0— Is it included? [I 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. 1U. WORKERS' COMPENSATION A. INSURANCE COMPANY: 51LZ . L S. AM BEST RATING (A: VII or greater): rY () t ,-d+C C. LIMITS: Statutory 0. WAIVER OF SUBROGATION (To include): is it included? tYes ❑ No NAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑Yes No IF NO, WHICH ITEMS NEEP TO BE COMPLETED? ir t yndY V' "Cry G- t7C 4 esbXT r rN cL+..+.4x- V'1 -� iwv% - C osi4y i butory O wd `rt Ag , A wao — a d d i di ana.Q i r sw-ed rwt rov'i cJtd. 0 TO: Mayor and Members of the City Council (3�) C- 3531 August 13, 2002 CITY COUNCIL AGENDA ITEM NO. 7 FROM: Public Works Department I I AUG 13 2002 SUBJECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMENt.Ea BRIDGE SEISMIC RETROFIT ANALYSIS - CONTRACT NO. 3531 RECOMMENDATION: Approve a Professional Services Agreement with Dokken Engineering, in the amount of $132,697.97, and authorize the Mayor and the City Clerk to execute the Agreement. PROJECT DESCRIPTION: The State of California's Department of Transportation (Caltrans) has screened all bridges within the State for structural adequacy during a seismic event. As a result of the screening, the City's Jamboree Road bridges over San Diego Creek, Park Avenue bridge over Grand Canal, and Goldenrod Avenue pedestrian bridge over Bayside Drive, have been placed on the State's Mandatory Seismic Retrofit List. This means the bridges are authorized to receive 100 percent State and Federal funding to analyze seismic vulnerabilities and potential retrofit design. Upon completion of the analysis, further State and Federal Highway Administration (FHWA) funding may be authorized for final design, construction, and contract administration of the retrofit work. CONSULTANT SELECTION: In accordance with Federal guidelines, Staff advertised for qualified engineering firms to propose to provide the geotechnical exploration and seismic analysis for the bridges. Staff only received one proposal, from Dokken Engineering. Dokken is the structural firm that provided analysis, design, and construction management services for the recently completed seismic retrofits of the Balboa Island, Lido Isle, and Newport Island Bridges. Dokken prepared engineering analyses for the City's bridges in 1991, and then later reanalyzed the bridges when Caltrans revised their procedures. Since Dokken is quite familiar with the structures and has provided good consultant services on past projects, Staff recommends that Dokken be retained for the current project. SUBJECT: APPROVAL OF PRO�IONAL SERVICES AGREEMENT FOR BRIDC>�EISMIC RETROFIT ANALYSIS — CONTRACT NO. 3531 AUGUST 13, 2002 Page 2 SCOPE OF SERVICES: Dokken's scope of services includes: • Project management • Records research • Geotechnical investigations • A preliminary seismic report • Coordination of onsite meetings • Drafting a seismic strategy report and presenting the report to Caltrans' Staff in Sacramento • Preparation of the final seismic strategy report Dokken will fumish these services for a total fee not -to- exceed $132,607.97, using the State's "Actual Cost Plus Fixed Fee" method of compensation. Copies of Dokken's scope of services and fee schedule are attached as Exhibit A and B of the Professional Services Agreeement. FUNDING: The current budget contains an appropriation of $200,000 for collection of geotechnical data and completion of the seismic analysis. Upon acceptance of the analysis, as much as $140,000 will be reimbursed by the FHWA and Caltrans. Sufficient funds to award the contract to Dokken are available in Account No. 7251- C5100695. SCHEDULE: Dokken expects to complete their geotechnical exploration and seismic analysis by January of 2003. Dokken will then schedule and present the analysis in a "Seismic Strategy Meeting" with Caltrans, FHWA, and City Staff in Sacramento. If seismic improvements are warranted according the FHWA and Caltrans, City Staff could again apply for their funds for final design, construction, and contract administration. Since Federal procedures and approvals are quite time - consuming, Staff does not anticipate construction to begin before spring of 2004. Respectfully 5P� IC RKS DEPARTMENT Stephen G. Badum, Director LloydDalton, Design Attachment: Professional Services Agreement PROFESSIONAL SERVICES AGREEMENT FOR BRIDGE SEISMIC RETROFIT ANALYSIS THIS AGREEMENT, entered into this day of 2002, by and between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City"), and Dokken Engineering, whose address is 11171 Sun Center Drive, Suite 250, Rancho Cordova, California, 95670 (hereinafter referred to as "Consultant "), is made with reference to the following: 0 91 C. RECITALS 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. City has obtained federal and state funds to perform analysis upon the following four City-owned bridges to determine their need for seismic retrofit ( "Project"): Grand Canal Bridge San Diego Creek Bridge SIB San Diego Creek Bridge NIB Goldenrod Avenue POC Bridge No. 55C -0015 Bridge No. 55C -0149L Bridge No. 55C -0149R Bridge No. 55C -0151 City desires to engage Consultant to provide professional services for Project upon the terms and conditions contained in this Agreement. The principal member of Consultant for purpose of Project is Richard Liptak, -1- • r PE, Principal -in- charge. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the terms and conditions provided in this Agreement. NOW, THEREFORE, it is mutually agreed by 'and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the _ day of , 2002, and shall terminate on the ; day of , 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 One Hundred Thirty Two Thousand, Six Hundred Seven and 97/100 Dollars ($132,607.97). -2- 0 0 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly progress invoices to City payable by City Within thirty (30) days of receipt of invoice. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shall reimburse Consultant only for those costs or expenses, which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. 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. Other costs and /or payments specifically authorized in advance in writing by City and incurred by Consultant in the performance of this Agreement. 4. STANDARD OF CARE All services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required -3- 0 0 to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents to be the agents or employees of City. Consultant shall have the responsibility for and control over the details and means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with Citys designated Project Administrator, and any other agencies, which may have jurisdiction or interest in Ie 0 9 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 Matthew W. Salveson, PE, 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. a. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement. 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. -5- • 0 9. CITY POLICY Consultant shall discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator. 11. PROGRESS Consultant is responsible to keep the Project Administrator informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this M 0 0 indemnity shall be construed as authorizing, any award of attomeys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as , additional insured for all liability arising from Consultant's services as described herein. Insurance policies with original endorsements indemnifying Project for the following coverages shall be issued by companies admitted to do business in the State of California and assigned Best's A- VII or better rating: A. Workers compensation insurance, including 'Wavier of Subrogation" clause, covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance, including additional insured and primary and non - contributory wording, covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 -7- 0 0 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 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 $1 million. Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, which Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing workers compensation, comprehensive general, M and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation, which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty-five percent (25 %) or more of the assets of the corporation, partnership or joint-venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by 0 0 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 field review to verify the accuracy of information provided by City or others. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. All reproduction shall be the responsibility of Consultant. -10- • • 18. ADMINISTRATION The Public Works Department will administer this Agreement. Lloyd Dalton, PE, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date -11 -. • • of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit Citys rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. -12- 0 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. Subcontracts exceeding $25,000 in cost shall contain all the provisions of this Agreement. 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 c /o: Lloyd Dalton, PE City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 (949) 644 -3328 Fax (949) 644 -3308 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Matthew W. Salveson, PE Dokken Engineering 11171 Sun Center Drive, Suite 250 Rancho Cordova, CA 95670 (916) 858 -0642 Fax (916) 858 -0643 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 -13- 0 11 of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and -14- 0 0 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 hislher judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 31. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All drawings shall be transmitted to the City in the City's latest adopted version of AutoCAD in ".dwg" file format. All written documents shall be transmitted to the City in the -15- 0 0 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. 33. COST PRINCIPLES Federal Acquisition Regulations contained in Title 48, CFR 31 are the governing factors regarding allowable elements of cost. 34. COVENANT AGAINST CONTINGENT FEES The Consultant warrants that he /she has not employed or retained any company or person, other than a bona fide employee working for the consultant, to solicit or secure this agreement, and that he /she has not paid or agreed to pay any company or person, other than the bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon of resulting from the award of formation of this agreement. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability or at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 35. DOCUMENTATION The Consultant shall document the results of the work to the satisfaction of the City, the State of California and the Federal Highway Administration. This include the 511.1 L] 0 preparation of progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the objectives of this Agreement. 36. COMPLIANCE WITH LAWS AND WAGE RATES The Consultant shall comply with federal, State and City prevailing wage rates and their payment in accordance with California Labor Code, Section 1775. 37. DISADVANTAGED BUSINESS ENTERPRISE CONSIDERATIONS The Consultant shall give consideration to DBE firms as specified in 23 CFR 172.5(e) and Appendix A to Part 26 of 49 CFR. Evidence must be presented of "good faith" effort, when applicable. 38. SIGNATURES The Consultant or his responsible engineer shall sign all calculations, reports, plans, specifications and estimates prepared for Project and, where appropriate, affix his engineering registration seal and number. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: CITY OF NEWPORT BEACH A Municipal Corporation By: By: City Attorney Mayor ATTEST: DOKKEN ENGINEERING By: By: City Cleric Consultant F: \USERS \PBMSharedlAgreements\FY 02 -03NDOKKEN- BRIDGE SEISMIC ANALYSIS.doe -17- Dokken Engineering has been involved with this project for over 10 years. We have a thorough understanding of the project requirements and we will deliver a superior product in a timely and cost efficient manner. Our proposed scope is as follows: Task 1.0 Project Management Prepare For and Attend Project Development Team (PDT) Meetings. PDT meetings with the City of Newport Beach Project Manager, Caltrans, and other representatives from affected agencies will be held once a month. A Meeting Notice, an Agenda and Meeting Minutes will be prepared for each meeting. The Meeting Minutes will be made available to PDT members within seven days of the meeting. Submit Progress Reports. Dokken Engineering will prepare monthly progress reports to record and document the progress of the project. The reports of expenditures for the project will be organized by task and milestone. Expenditures include direct labor costs, other direct costs and subconsultant costs. These reports will be included as supporting data for invoices presented to the City every month. Quality Control. A Quality Control Plan will be established for this project. It will be provided to the City within two weeks of Notice to Proceed for review and approval. Dokken Engineering's Quality Control Program is our employees' personal commitment to guaranteeing the highest quality work product to our clients. The Dokken Engineering Quality Control Program includes every proposal, plan, calculation, estimate, report, specification, inspector's diary, progress report, meeting agenda, meeting note, schedule, invoice and includes work performed by subconsuliants. Dokken Engineering takes full responsibility for all work products. A Quality Control Plan is prepared for each project and is customized for the work included in that project The plan includes a description of the work to be done and addresses how and when quality control reviews are. performed and by whom. Check lists for the type of deliverables included in the project are included in the plan and used by the quality control reviewers. The checklists have been prepared based on numerous client check lists, Caltrans check lists and Dokken Engineering's experiences. These checklists are updated every time a new problem exists so that the problem never occurs again. A Quality Control Engineer will be assigned to every project and will be responsible for performing the reviews and providing written comments to the Project Manager for incorporation into the project deliverable BEFORE the submittal. The Quality Control Engineer will be given the actual deliverable on which to perform the review, one week BEFORE the submittal. If the deliverable is a set of plans, then 100% of the plan sheets must be provided to the reviewer before the review can begin. If the deliverable is a report, then the completed and bound report must be provided. . In addition to the Quality Control Engineer's review, the Office Manager in which the deliverable was prepared will perform a Quality Control review at the same time as the QC Engineer's review. The Office Manager will prepare written comments and provide them to the Project Manager. The Quality Control Plan is written by the Quality Control Engineer and the Project Manager and reviewed by the Office Manager. The Quality Control Plan is signed by the Project Engineer, the Quality Control Engineer, the Project Manager, the Dokken Engineering Office Manager and by the manager for each subconsultant. City of Newport Beach D O KK E N Bridge Se—c RetrgPAaarysis EXHIBIT A Prepare/Update Project Schedule. Within three weeks of the NTP, Dokken Engineering will provide a detailed project baseline schedule, indicating milestones, major activities and deliverables, to the City for review and comments. An updated schedule, supplied for every PDT meeting, will compare the current schedule with the baseline schedule to determine the progress of the project. Prepare/Hold Kick -Off Meeting. A kick -off meeting will be scheduled within tbree weeks of NIP. Dokken Engineering will contact all members of the PDT to coordinate the scheduled meeting date. The primary meeting objectives will be to review the project scope of work, establish project protocol, finalize the project schedule, and identify key project issues and goals. An agenda and meeting minutes will be prepared for the kick -off meeting. Task 2.0 Project Initiation Dokken Engineering will assemble all existing' structural and geotechnical data. Very little effort will need to be expended on this task. We have already thoroughly analyzed all existing data, inspection reports, geotechnical investigations, as- builts, and seismic investigations. Dokken will initiate contact with Caltrans Structures Local Assistance and review Caltrans' files on these bridge structures to insure that the City has all relevant information. A copy of all relevant data will be forwarded to the City for their reference. Task 3.0 Geotechnical Investigations Geotecbnical investigations will be performed by Parikh Consultants, a certified Disadvantaged. Business Enterprise. All of the four bridge structures are proposed to be investigated by drilling one boring at each of the three sites. San Diego Creek Bridge is a Left and Right structure, therefore, only one boring is proposed between the two. Following is a task breakdown for the proposed geotechnical work: Research and Data Collection., Research and data collection will included review of readily available geologic and soil literature in the vicinity of the site including review of any as -built drawings and existing LOTB. Field Exploration. For the proposed four bridge structures, Parikh will drill three borings to depths from 50 to 100 feet at each of the three locations. These explorations will provide an evaluation of subsurface conditions for the proposed structures. The boring locations will depend upon the available access and any boring data from previous studies. It is anticipated that a truck mounted drill rig will be used. Traffic control is anticipated. Parikh will classify and continuously log subsurface soil conditions encountered in each test boring at the time of drilling. They will obtain relatively undisturbed and bulk samples of substrata from test borings. The borings will be drilled and capped in accordance with the permit requirements from the city. Generally the borings are required to be backfilled with cement grout. The drill cuttings will have to be drummed and disposed off site. Laboratory Testing. Parikh will perform limited laboratory tests on representative soil samples such as moisture density, consolidation, unconfined compression, gradation analyses, corrosion tests and Plasticity Index test, as necessary. Soils Analysis/Evaluation. Parikh will perform engineering analyses and develop design recommendations for the proposed foundations. Draft Foundation Memo (Type Selection/Seismic Strategy Letter). Parikh will prepare preliminary recommendations for foundations and provide a Type Selection/Seismic Strategy Memo with the LOTB. This will include preliminary design recommendations for foundation types and footing elevations lateral design capacities, pile foundation recommendations or spread footings. The memo will discuss seismic City of Newport Beach D O KKE N Bridge Seismic RetrofdAnatysis ®Fx aux s a n x x a considerations, evaluate the liquefaction potential and comment on the site soil conditions from this standpoint. Information related to Caltrans Seismic design criteria (SDC V 1.2) such as depth to rock like material, ARS Curves, etc. shall be provided. They will prepare three separate preliminary Foundation memos (one for each location/structure) and will provide boring logs. Task 4.0 Preliminary Seismic Report Dokken Engineering will assemble a Preliminary Seismic Report. The report will be based on past seismic investigations (by Dokken Engineering) and preliminary geotechnical investigations by Parikh Consultants. It will provide background information and preliminary recommendations for use by the City and Caltrans during the Site Meeting (see below). The format will be similar to the July 2001 seismic report by Dokken Engineering. Task 5.0 Site Meeting Dokken Engineering will coordinate a field meeting at the bridge sites. Attendees will include Caltrans structures local assistance, the City, Dokken Engineering and its subconsultants, as well as any other interested parties. Dokken will distribute the Preliminary Seismic Report prior to the meeting. The meeting will address existing bridge deficiencies, investigation and analysis techniques, seismic retrofit alternatives, and construction impacts. Meeting minutes will be generated and distributed within one week of the meeting. Task 6.0 Draft Seismic Strategy Report Dokken Engineering will expand the Preliminary Seismic Report into a Draft Seismic 'Strategy Report. This report will include: Introduction; Background; Seismic Analysis; Geotechnical Recommendations; Retrofit Recommendations; Construction Cost Estimates; and Seismic Retrofit General Plans. The report will be submitted to the City for review and approval prior to submittal to Calouns. The report will be discussed in detail during the Seismic Strategy Meeting with Caltrans. Task 7.0 Seismic Strategy Meeting Dokken Engineering will attend the Caltrans Seismic Strategy Meeting with the City. We will introduce each of the structures, discuss structural deficiencies, and make recommendations for seismic retrofit. We will make sure that all outstanding seismic issues are resolved at this meeting. Task 8.0 Final Seismic Strategy Report Dokken Engineering will generate detailed meeting minutes from the Seismic Strategy Meeting and include these in the Final Seismic Strategy Report. The final report will also include any additional investigations necessitated by the results of the strategy meeting. This report will be the basis of Caltrans approval to proceed with PS&E for the seismic retrofit of any of the structures. City of Newporr Be=h D 0 KK E N Bridge Seimdc ReirofitAMlystis ®s I® DOKKEN E G, I N E E R I. N G w.dekken ee�la eer i ng,com tIZXV Effective June 1, 2002 May 31, 2003 Professional and supporting staff services will be $11ed at the following hourly rates: f Senior. Principal $19000 Project Manager $155.00 E S al' $155 00 Exhibit B ngmeerin9 pecl 1st Senior Engineer $135.00 Associate Engineer $100.00 Assistant Engineer .$95.00 CAD/Detai]er II $1.00.00 CAD/Detailer I $80.00 Administrative /Clerical $75.00 Ordinary supplies and equipment are included in the above hourly rates. The following are considered. items of special charge and their (costs will be added at the following rates: Mileage $0.31 /mile Travel Expenses Actual Cost Per Diem $119.00lday Outside Reproduction Actual Cost Projects requiring large amounts of computer and Jdata processing resources relative to the professional services will be billed separately for.those,resources using appropriate computer billing rates. Richard T. Liptak, P.E. President i 11171 SUN CENTER DANE; Suit 250 • RANOHQ Comb A, CA 95670-dl 13 TEL: 916 -858 -0642 FAZ:916 -858 -0643 COMPANY: DoMmn EnBU1eeA10 Comrao Mrgr. Lloyd Danon Othv Direct Costsl 382.120.96 Travel uercm wru cw MSS WS.00 2 350.00 Corns Swrb 350.00 1 $50.00 F n BM . C. 3100.00 1 5100.00 eubina $100.00 1 $100.00 Total Subcormutt t Die Cork 517915.00 Total Ober DiR Cock 5300.00 SYbronsulhnts w.. caw Penh CVre�mne Ga0kch 531.362.03 Teal SiboxMttan Coale 531,342.03 9 Dat5: Prune or SUb: Prime Tohl Coed l.sbef 382.120.96 Travel 3930.00 00W Dirw Cwh 516215.0D sullemsueanh 331,362.03 Total Cost $132,607.97 Sub ronsuaant Direct Cosh 0esvbrun Cw pl0k vq Lab wont Sikh 317915.00 Total Subcormutt t Die Cork 517915.00 19JN-02 COMPANY: Psrikh Consullards Prbne or Sub: Sub Contract Mnpr. Lloyd Dalton Date: 19Jul -02 Cedes: A. Pr,*t Manager F- Teak Ladder B. -I- F-QGedoplat O. 6enbr EnpinoerMe deobp6t F Prok<t Enpineer Da Ste_ g Engle or E- L-L-- YTgdmld n • • COMPANY: Dokkm Enalnwirg Date: I D-Jul-02 Prim or Sub: Prime Contract Mng,. Lloyd Cotton 'unction Codes: A. PMdPWa F. AWImnl ErWa.1 a- QAAQ0 G. CADDa]eI P-IaO var E. An2gi!W-mo- Mimi Now'. mumm mrm MNWEM� I'M sm 'unction Codes: A. PMdPWa F. AWImnl ErWa.1 a- QAAQ0 G. CADDa]eI P-IaO var E. An2gi!W-mo-