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C-3695 - Bay Avenue Area Drainage Improvements from 7th Street to Palm Street
a 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC Pp January 11, 2007 Zusser Company, Inc 27758 Santa Margarita Pkwy Ste 405 Mission Viejo, CA 92691 Subject: Bay Avenue Area Street and Drainage Improvements (C -3695) To Whom It May Concern: On November 28, 2006, the, City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on December 7, 2006, Reference No. 2006000819499. The Surety for the contract is Insurance Company of the West, and the bond number is 864912P. Enclosed is the Labor & Materials Payment Bond. Sincerely, y� �vbt" �� 1. 9, d% LaVonne M. Harkless, MMC City Clerk cc: Public Works Department Michael Sinacori, P.E. encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport-beach.ca.us. N Or � } CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAY AVENUE AREA DRAINAGE IMPROVEMENTS FROM 7TH STREET TO PALM STREET CONTRACT NO. 3695 BOND NO. &64912P LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to ZUSSER COMPANY, INC., hereinafter designated as the "Principal,' a contract for construction of BAY AVENUE AREA DRAINAGE IMPROVEMENTS FROM 7TH STREET TO PALM STREET, Contract No. 3695 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. 3695 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, . THEREFORE, We the undersigned Principal, and, Developers Surety and Indemnity Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of Five Hundred Ninety -Six Thousand, Five Hundred Four and 501100 Dollars ($596,504.50) 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. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 21stday of February , 2006. X #V /S/9 S*i VS ZUSSER COMPANY, INC. (Principal) ignaturelTi0e Developers Surety and Indemnity Co Name of Surety 950 W Elliot Road, #103 Address of Surety 48Q-819-6525 Telephone Authori'tt f to Pave J._Paloma, Regional Manager Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 POWER OFATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE, CA 92623 (949) 263 -3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ** *Randolph Anton, Dave J. Paloma, Ronald G. Hecksel, jointly or severally * ** as their true and lawful Attorney(s) -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sure4es, bonds, undertakings and contracts of suretyship giving and granting unm said Attomey(s) -in -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attoruey(s) -in -Fact, pursuant to these presents, are hereby ratified and confirmed This Power of Attorney is granted and is signed by faesioule under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1, 2000: RESOLVED, that the Chairman of the Board the President and my Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers ofAtmmey, qualifying the atomey(s) named m the Powers ofAttomey to execute, on behalf of the corporations, bon&, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power ofAttomey; RESOLVED, FURTHER, that the signatures of such officers rosy be affued many such Power of Attorney or to any certificate relating thereto by facsimile, and my such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to my bond, undertaking or contract of suretyship to which it is attached IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNrrY COMPANY OF CALIFORNIA have severally caused these lueese/nts to be signed by their respective Executive Vice President and attested by their respective Secretary this Ist day of December, 2005. .David H. Rhodes, Executive Vice- President "g�__ a "N . GOMwP OR n �..�V r/W (;iy� —vvY r.� 4 F *s}ai .ere: OCT. <s z OCT.5 10 :nI W 1967 By: I`o 1936 Fo' o O y Walter A. Crowell, Secretary 3?y"'q� ��Oty P," r/ ;ere y 'YC/FOO STATE OF CALIFORNIA COUNTY OF ORANGE On December 1, 2005 before me, Gina L. Gamer, (here insert name and title of the officer), personalty appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that kdshehhey executed the same m histher /their authorized capacity(ies), and that by hiwherhheh signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. GINA L. GARNER CQMIII. # 1569561 (SEAL) NOTARY PUBLIC OAUFORNA ORANGE COUNTY twrtatt Uff 13.2= CERTIFICATE The undersigned, w Assistant Secretary DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set fordr in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the 21 st day of February . 2006 By Albert Hi(lebrand, Assistant Secretary ID -1380 (Rev. 1205) (6 RECENED Reco Orange County Recorded in Official Records, RECORDING REQUESTED BY W, � om Daly, clerk - Recorder WHEN RECORDED RETURN l'6 °_ jIIIIRInIIIIIIIIIIIIIIIIIIIiIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIINO FEE City Clerk C 2006000819499 08:4311m 12107106 City of Newport Beach 1o4 175 N12 1 3300 Newport Boulevard Cal ` ''T I''Aggo 0.00 0.00 0.00 0.00 o.00 o.00 o.00 Newport Beach, CA 92663 "Exempt from recording fees I r pursuant to Government Code Section 27383" Q �_CP NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Penco Engineering, Inc. of Irvine, California, as Contractor, entered into a Contract on February 14, 2006. Said Contract set forth certain improvements, as follows: Bay Avenue Area Drainage Improvements (C -3695) Work on said Contract was completed on September 20. 2006, and was found to be acceptable on November 28. 2006, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Developers Surety and Indemnity Co. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on 9 at Newport Beach, California. • • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC November 29, 2006 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion (C -3640) Notice of Completion (C -3695) Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, z9 r LaVonne M. Harkless, MMC City Clerk Encls. 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 0 0 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 Horizons CCI, Inc. of Anaheim, California, as Contractor, entered into a Contract on September 27. 2005. Said Contract set forth certain improvements, as follows: Fire Station No. 6 Gender Modifications and Police Department Building Modification C -3640 Work on said Contract was completed on October 13. 2006, and was found to be acceptable on November 28. 2006, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Insurance Company of the West. VERIFICATION certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on 0(0 , at Newport Beach, California. / i i ►; �/ City Clerk 0 • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT io��adv -b ruv �! 8 1,�P16 Agenda Item No. 7 November 28, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Emmet Berkery, Project Coordinator 949 -644 -3311 or embpe @aol.com SUBJECT: BAY AVENUE AREA DRAINAGE IMPROVEMENTS — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3695 RECOMMENDATIONS 1. Accept the work. 2. Authorize the City Clerk to file a Notice of :Completion. 3. Authorize. the City Clerk to release. the. Labor and Materials bond 35 days after • the Notice of Completion has been recorded in accordance with applicable pgrtions.of the Civil Code. . 4. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On .February 14, 2006, the City Council authorized. the award of the Bay Avenue Area Drainage Improvements (Contract No..3695) to Zusser Company, Inc. for the total contract bid price of $596,504.50. The contract provided for the construction of street pavement, new curb and gutter, and storm drain improvements on the following streets: • Lindo Street (from Bay Avenue to Edgewater'. Drive) • Bay Avenue (from 6t' Street to Island Avenue) The Council authorized a total construction budget of $661;504.50 from the following accounts: Account Description Account No. Amount Drainage 7012- C5100008 $236,950.50 Gas Tax 7181- C5100829 $424,554.00 TOTAL $661,504.50 In addition to the Contract Bid amount, this total included $60,000 for unforeseen work • and construction contingencies, and $5,000 for consulting geotechnical services and material testing. Bay Avenueoa Street and Drainage Improvements - CompleticnoAcceptance of Contract No. 3695 November 28, 2006 Page 2 PROJECT INFORMATION: • This contract.was the.first phase of an overall project to address paving and drainage deficiencies in an area of the Balboa Peninsula generally bounded by 6"' Street, Bay Avenue, Edgewater Avenue, and Alvarado Place. The project called for the removal of existing curb and gutter, construction of new.curb and gutter to establish a positive drainage gradient, installation of storm drain pipe and catch basins, and an asphalt overlay of the existing pavement to establish an acceptable rate of cross fall. DISCUSSION: During the course of construction, the work in'Bay.Avenue between 6"' Street and 7"' Street was deleted from this contract because of an unanticipated conflict between the proposed storm drain and an existing City 16" cast iron main. The water main, which was originally installed in the 1920's, had only 1.0' -1.5' of cover below the pavement preventing the installation of the storm drain. The storm drain has subsequently been redesigned. This portion of the work is currently out to bid under a different contract. There were three change orders issued for the project totaling $71,464.49. The items of work covered by the change orders included: . Change Order No. 1: Removal of an abandoned concrete bulkhead and rem_ oval of abandoned utility lines encountered during Storm drain excavation: The • Change Order also included a City directed revision to the location of a water valve. Change Order No. 2: Removal and disposal of existing 12" storm. drain pipe which became necessary when it was discovered the pipe material was asbestos cement requiring special disposal . methods, and removal of additional abandoned utility pipes and concrete material encountered during storm drain excavation. Change Order No. .3: Miscellaneous storm drain extras and work for the repaving of the storm drain trench in Lindo Avenue. The existing concrete pavement in Lindo Avenue had deteriorated over time to the extent that removal and repavement beyond ..the limits of the storm drain trench became necessary. .A summary of the. contract cost is as follows: Original bid amount: . Quantity changes and deletions Total amount of change orders: Final contract cost: $596,504.50 ($83;384.51) $71,464.49 $584,584.48 U Bay AvemS Street and Drainage Improvements - ComplettonS Acceptance of contract No. 3695 November 26, 2006 Page 3 • The contract has now been completed; inspection staff had several issues with construction. These issues included: however, Public Works engineering and Zusser Company during the course of Unsatisfactory progress during the course of construction, resulting in a longer completion time than necessary; • Repeated instances of improperly storing construction material within street right - of -way; Failure to pave the intersection of Bay Avenue and Lindo Avenue per plan elevations, resulting in low spots prone to ponding of water. This work was later deleted from the contract at no additional cost to the City. These problems resulted in disruptions and inconveniences to the surrounding neighborhood and caused City staff to spend additional time managing the project. The original completion date was June 20, 2006. Due to change order work, inclement weather delays, and plan revisions, the work was extended and completed on September 20, 2006. The total construction cost is $584,584.48 • Other Project Costs: In addition to the primary construction contract, this project involved other project expenses from various funding sources, Gas Tax Funds and General Funds. Total project expenses are summarized as follows: Construction $ 584,584.48 Design Services $ 208,741.52 Construction Inspection $ 10,090.58 Geotechnical Services/Testing $ 4,006.00 Extra Materials (Glasgrid) $ 1,225.00 Permits $ 261.00 Incidentals $ 1.108.34 Total Project Cost $ 810,016.92 ENVIRONMENTAL REVIEW: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines. This exemption covers minor alterations of public highways and facilities involving negligible or no expansion of use beyond that existing at the time the project was authorized by City Council. • Bay Avenueta street and Drainage Improvements - CompletionSlAcceptance of Contract No. 3695 i November 28, 2006 Page 4 FUNDING AVAILABILITY: • Funds for the project were expended from the following accounts: Account Description Account Number Amount General Fund 7012- C5100008 $211,019.48 Gas Tax 7181 - 05100829 $373,565.00 Total $584,584.48 Prepared by: Submitted by: Emmet Berkery. ph Badum Project Coordinator Pu Works Director • • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAY AVENUE AREA DRAINAGE IMPROVEMENTS FROM 7TH STREET TO PALM STREET CONTRACT NO. 3695 BOND NO. 8b4912P FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ being at the rate of $ thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to ZUSSER COMPANY, INC., hereinafter designated as the "Principal ", a contract for construction of BAY AVENUE AREA DRAINAGE IMPROVEMENTS FROM 7TH STREET TO PALM STREET, Contract No. 3695 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. 3695 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Developers Surety and Indemnitv Co. , 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 Five Hundred Ninety -Six Thousand, Five Hundred Four and 501900 Dollars ($596,504.50) 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. 28 0 0 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 31 81 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 21 st day of February , 2006. AORISA SASS ZUSSER COMPANY, INC. (Principal) ' �uutth)onzed SignaturerTitie Developers Surety and Indemnity Co ✓a .. Name of Surety Authorized Ag w S nature 950 W Elliot Road, #103 Address of Surety 480 -839 -6526 Telephone Dave J. Paloma , Regional Manager Print Name and itle NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 0 0 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE, CA 92623 (949) 263 -3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ** *Randolph Anton, Dave J. Paloma, Ronald G. Hecksel, jointly or severally * ** as thou true and lawful Attoruey(s) -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s) -in -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Anomey(s) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney m certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the fnure with respect to any bond, undertaking or contract of suretyship to which it is attached IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1st day of December, 2005. y,unm By David H. Rhodes, Executive Vice- President yV GOMaPOR n OCT. OCT y } o 10 € Z 1957 B 1936 Walter A. Crowell, Secretary % \- 110WA..✓dSD "14FOPm STATE OF CALIFORNIA COUNTY OF ORANGE On December 1, 2005 before me, Gina L. Gamey (here insert name and title of the officer), personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) is /are subscribed to the within instrument and acknowledged to me that he/shclthey executed the same in his/her /their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature 6n, '--e A" GINA L. GARNER OOMM. # 1569561 (SEAL) NDTARY PB61IC CAUFOF NA ORANGE COUNTY Barran. 19, no CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore. that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the 21 st day of February . 2006 By Albert Hillebrand, Assistant Secretary ID -1380 (Rev. 12/05) • • CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 11:00 AM on the 31st day of January 2006, at which time such bids shall be opened and read for BAY AVENUE AREA DRAINAGE IMPROVEMENTS FROM 7TH STREET TO PALM STREET Title of Project Contract No. 3695 $579,000.00 Engineer's Estimate Approved phen G. Baum c Works Director Prospective bidders may obtain one set of bid documents for $ 25.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: "A" For further information, call Emmet Berkerv, Project Manager at (949) 752 -5221 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAY AVENUE AREA DRAINAGE IMPROVEMENTS FROM 7TH STREET TO PALM STREET CONTRACT NO. 3695 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ........................................................ .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER ............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 0 0 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAY AVENUE AREA DRAINAGE IMPROVEMENTS FROM 7TH STREET TO PALM STREET CONTRACT NO. 3695 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON- COLLUSION AFFIDAVIT • DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. • 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 0 0 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The • securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). Please note, The Davis -Bacon Wage determinations are available at Federal Wage website: www.aoo.gov /davisbacon 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 17J Contractor's License No. & Classification �SS2R Company, Z�c• Bidder onzed Signature/Title 'L30/06 Date 11 ' • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAY AVENUE AREA DRAINAGE IMPROVEMENTS FROM 7TH STREET TO PALM STREET CONTRACT NO. 3695 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Dollars ($ ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of BAY AVENUE AREA DRAINAGE IMPROVEMENTS FROM 7TH STREET TO PALM STREET, Contract No. 3695 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 day of 2006. Name of Contractor (Principal) Authorized Signature/Title Name of Surety Authorized Agent Signature Address of Surety Print Name and Title Telephone (Notary acknowledgment of Principal & Surety must be attached) • 411� INSCO INSURANCE SERVICES, INC. insc %co Underwriting Manager for: (E�p Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263 -3300 e BOND NO. KNOW ALL MEN BY THESE PRESENTS, That we, Zusser Company, Inc. as Principal, and Developers Surety & Indemnity Company a corporation authorized to transact a general surety business in the State of Iowa as Surety, are held and firmly bound unto City of Newport Beach called the Obligee) in the full and just sum of Ten Percent of Bid Amount Dollars, ($10% of Bid Amount -)for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for Bay Avenue Area Street and Storm Drain Improvement NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, or in the event of the failure of the Principal to enter such Contract, If the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and Sealed this 30th day of January 2006 YEAR 161198 (Bid Bond) (REV. 1/01) Developers Surety and Indemnity Company Surat Q / By: Ronald G. Hecksel .attorney -in -Fact 0 0 POWER OFATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE, CA 92623 (949) 263 -3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ** *Randolph Anton, Dave ]. Paloma, Ronald G. Hecksel, jointly or severally * ** as their true and lawful Attomey(s) -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, uudatakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith m each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attomey, qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1 st day of December, 2005. David H. Rhodes, Executive Vice - President / _( I \�'F rA/AW, j /yy- �7[` .y ! 10 s a S w 1907 By; 8j�. 1939 /, �2 eq< /FO0.v Walter A. Crowell, Secretary STATE OF CALIFORNIA COUNTY OF ORANGE On December I, 2005 before me, Grin L. Cramer, (here insert Dame and tide of the officerl personally appeared David H. Rhodes and Walter A. Crowell, personally known to roe (or proved to me on the basis of satisfactory evidence) to be the persons) 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 anthorized capacity(im), and that by his/her/their signature(s) on the instrument the penon(s), a the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official seal. signature 67z, 7z, d �� GINA L. GARNER COMM. # 1668561 (SEAL) ROTARY PUBLIC CALIFORNIA ORANGE COUNTY rnnan m Wy 1%2009 CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, Califamia, the 30 day of January 12006 By Albert Hllebrand, Assistant Secretary ID-1380 (Rev. 12/05) Company Profile Company Profile Pagel of 2 DEVELOPERS SURETY AND INDEMNITY COMPANY 17780 FITCH, SUITE 200 IRVINE, CA 92613 Agent for Service of Process • ALBERT HILLEBRAND, 17780 FITCH SUITE 200 IRVINE, CA 92614 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 12718 NAIC Group #: 0075 California Company ID #: 4606 -0 Date authorized in California: August 30, 1999 License Status: UNLIMITED- NORMAL Company Type: State of Domicile: Property & Casualty IOWA Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. , For an explanation of any of these terms, please refer to the loss SURETY http: // cdinswww.insurance.ca.gov /pls /wu co prof/idb co prof utl.get co prof?p EID= 100170 02/01/2006 Company Profile Company Complaint Information Company. Enforcement. Action Documents Company Performance & Comparison Data Composite Comp ai n t Studies Want More? Help Me Find_a Company Representative in My Area Financial Rating Oanizations Last Revised - December 13, 2005 09:17 PM Copyright ® California Department of Insurance Disclaimer http:// cdinswww.insurance.ca.gov /pls /wu co prof /idb co prof utl.get co prot?p EID= 100170 Page 2 of 2 02/01/2006 • • • • CITY OF NEWPORT BEACH • PUBLIC WORKS DEPARTMENT BAY AVENUE AREA DRAINAGE IMPROVEMENTS FROM 7TH STREET TO PALM STREET • CONTRACT NO. 3695 DESIGNATION OF SUBCONTRACTORS) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Number Description of Work %of Total Bid Name: 40mQ Mrk ConcAek pill 340, ?/a cci rf PCC Address: l4?69# rl7aanolla d4wj g/, 3•Zl L RivIraide/ C4 f0MV -5 �43f,3y, Phone: CIS - y J C- fl-702 7pzt 7Y/ State License Number: 83 3O e.57 Name: p C/LA lo"JWGt-lj t/rC O* �/ COiIC/L21�2 a'}�(iQlS J Address: 6" fM "- / ) „Q� 1 unJf c ` I / Onyeaxzo GA 91-76Y Phone: 9Dq— qq/ — yz l/ State License Number: 12 9 601/6 - A Name: P6bV4~f !!,/.Gl /� ale yy� Cp�� I// �� • Address: AQ. 4,00)f 01 n 07 }' G2 /�fL RiVeOpriaye, CA 9o7.tat AS /iWhys' Phone: 9S'` 6O oZ``'047 / �Q/LTI�J State License Number: 10 z x,si -e g Cornba , 21te. f cdcr f Bidder Authorized ignature(ritle 0 4P • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAY AVENUE AREA DRAINAGE IMPROVEMENTS FROM 7TH STREET TO PALM STREET CONTRACT NO. 3695 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formM Please print or type. l�t.L FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 • Project Name /Number Project Description 0 7 U 179ioldle sc4cw / Grp A-," OS) ari Approximate Construction Dates: From ll 3 R fTo: 041'400C Agency Name %us7 tt) ScAoo/. IVkS ��• 70 r/ p Contact Person aad O/Scvr► Telephone �,') aag- Qy Original Contract Amount $ /I0� 000 Final Contract Amount $ i/01 000 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 0 No. 2 56- Project Name /Number / • Project Description CkaArr 6A~ Approximate Construction Dates: From "477mm I LOS-T Agency Name GOrt f Be&CA, 0 C.APP CAAY-e Contact Person cJ h4fl %�1 kr� Telephone (�`4 Original Contract Amount $ y rMFinal 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 /YOU / _ At • Project Name /Number /�+� hGLe� � Project Description 6ek aclin-f . • Approximate Construction Dates: From AOOo2 To: ;7-" ' Agency Name Contact Person Telephone ( j 3 6a — 113 O7 Original Contract Amount $ b M Final Contract Amount $ 3 (i 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. 4 • Project Name /Number ERnes� S 1% 4 e Project Description G/gdl d, y 7;&i/i m., 1►7. • • Approximate Construction Dates: From 'U0 L/ To:: p /�!. Agency Name G� ��] 0� !�S l 17 w!" J — j0"64C W OR-Ies Contact Person /� /�chaW �MggXS071 Telephone (913) 9 V— IQ06 Original Contract Amount $ 2 rte/ Final Contract Amount $ a • -/ & If final amount is different from original, please explain (change orders, extra work, etc.) ex7`tk- 4VO 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. &I'M No. 5 Project Name /Number ve Winn -.S Project Description AG U ['Vm4e �tfase� /pavinr G�2r l�Rt c"A 'r Approximate Construction Dates: From O7Oa To: 42 "Z Agency Name L4 -i� %I7 Contact Person /f," ke 4 n Telephone (s/f%) J 7.3 Original Contract Amount $/)?Final Contract Amount $ �o 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. �W 0 0 No. 6 * R kmwl xf (:Inky io Zviy VatA y Collie Project Name /Number • Project Description /Lz%tvsx*f, i S'gadlGq . t°.t'rCG% a Ati YI Approximate Construction Dates: From Ta,* 2006 To: tJ2,67f• 000 6 Agency Name c.• L(i• �%�li�� Contact Person Thn San ><OS Telephone (32 �Gy— yS -o;r Original Contract Amount $ 80 wFinal 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 Attach additional sheets if necessary. . Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. • Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Zu.S'w C62? 7a/! , IkC . S %Gl�t�7f Bidder r V nature/Title 10 0 0 CITY OF NEWPORT BEACH • PUBLIC WORKS DEPARTMENT BAY AVENUE AREA DRAINAGE IMPROVEMENTS FROM 7TH STREET TO PALM STREET CONTRACT NO. 3695 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of OR M ) (A'IE5A SASS -,being first duly sworn, deposes and says that he or the is fEES;C1e4A of RV5SER aymmNy, 1NC; 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 is indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. f -Z L6SCR Co vt PAit1 !' jot) C' i_ri- f Ct��d l Bidder ure itle Subscribed and sworn to-before me this No Public My Commission Expires: • tV �1���HFw AM III TA C. DEJWAN N g T COMM. # 1496761 � s e NOTARY PUBLIGCAUFORNIA N � �' ORANGE COUNTY °4c�r My Comm. Expim JUNE 16,1068 day of [SEAL] 2006. Stale y ' �R California CalifoCalifornia - what County of � Subscribed ang sworn to (or affirmed) �before mmeeon this 3�n�� dayof Q by p� proved to me on the buk of satWW" evidence to be the who app0$ re me. 11 Sfgnatu G� CITY OF NEWPORT BEACH • PUBLIC WORKS DEPARTMENT BAY AVENUE AREA DRAINAGE IMPROVEMENTS FROM 7TH STREET TO PALM STREET Bidders name CONTRACT NO. 3695 DESIGNATION OF SURETIES 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): �(.c;a,�d Pti'l�r � IST,( 1�td'urlc.r,c� �Seadr'eos 3rooZ5' 77-0ujc44ia/ Oa4CJ Al'0 0317 WeSyx4'Ve Vi!/a,S.0 GA J36A • �,,, t: �3y ,pe Gennaea� /0- 'V9 -- alSS' �02lGG�d C'o�yb: ��Cc�c �ivr�o� P.O. mox a- olo rff f: JeAe/ t( GennaiGo agar- CFP9- IV? /ss 49 12 FJ • Cl • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT E BAY AVENUE AREA DRAINAGE IMPROVEMENTS FROM 7TH STREET TO PALM STREET CONTRACT NO. 3695 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name Zcasc4e &no 1k t. Record Last Five (5) Full Years d Current Year of Record N/A The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 02000 h on e 13 Current Record Record Record Record Record Year of for for for for for Record 2004 2003 2002 2001 2000 Total 2005 No. of contracts Total dollar Amount of Contracts (in Thousands of $ No. of fatalities No. of lost Workday Cases No. of lost workday cases involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 02000 h on e 13 • Legal Business Name of Bidder Business Address: Qa7Ytt 40C Ri /4- f'Kwy/ #W Business Tel. No.: fW- OW66 -OaQ? /2?/ S /4"" r;V0,1 C %2"J State Contractor's License No. and Classification: Title 6'enC4 E%�f C01771 4WA4 The above information was compiled from the records th t are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title • Signature of bidder Date Title • If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 • i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT • BAY AVENUE AREA DRAINAGE IMPROVEMENTS FROM 7TH STREET TO PALM STREET P 0 CONTRACT NO. 3695 ACKNOWLEDGEMENT OF ADDENDA Bidders name 24x s'ei2 The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature Z6 OG 15 • • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAY AVENUE AREA DRAINAGE IMPROVEMENTS FROM 7TH STREET TO PALM STREET CONTRACT NO. 3695 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: Business Address: `J --r7bt1 r 9L IVI99._ 99! +a I'tCucy #-`►VS� 1/G -% %;04 VJ�Q Telephone and Fax Number:) 4q)2O6— 0362 9C Rtlg'.ZO6 —10Y9 California State Contractor's License No. and Class: A 66�to2 6 (REQUIRED AT TIME OF AWARD) Original Date Issued: R 7 0$ Expiration Date: )RA- 60AO07 • List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: WAAL NO d0"1) it L4-MA ShSS 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 iI Title Address T Corporation organized under the laws of the State of 16 Telephone gZ6g/ 0 0 The dates of any voluntary or involuntary bankruptcy judgments against any principal • having an interest in this proposal are as follows: 1. 1. All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: Ham 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; 44, • Briefly summarize the parties' claims and defenses; w A, Have you ever had a contract terminated by the owner /agency? If so, explain. kXo K 14� Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / No • Are any claims or actions unresolved or outstanding? Yes / No 17 • • 0 0 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. Bidder Subscribed and swom to before me this State of California ��� 8t County of Subscribed answomto (or affirmed) before me on this ;3P'_ day of 20 DG by �sweaaAykA ed to me on the bask of satlsketOry rAdence to be pers (jf whoa me. f SignaW L A-Iz so Sass - pn_,.;dewf- (Print name of Owner or President of Corporation /Company) c/ f A ere Signature/Title 4x.wal; d et. Title I /So /Ob Date M day of 2006. [SEAL] AMITA C. OEJWA COMM. # 1496761 N N ;0 NOTARY PUBUC•CALIFORNIA ORANGE COUNTY Comm. Expires JUNE 28, 2008 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAY AVENUE AREA DRAINAGE IMPROVEMENTS FROM 7TH STREET TO PALM STREET CONTRACT NO. 3695 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 The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 19 9 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAY AVENUE AREA DRAINAGE IMPROVEMENTS FROM 7TH STREET TO PALM STREET CONTRACT NO. 3695 CONTRACT THIS AGREEMENT, entered into this _ day of . 2006, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and ZUSSER COMPANY, INC., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: BAY AVENUE AREA DRAINAGE IMPROVEMENTS FROM 7TH STREET TO PALM STREET Project Description as described in Contract Documents. 3695 Contract No. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3695, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 0 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Five Hundred Ninety -Six Thousand, Five Hundred Four and 501100 Dollars ($596,504.50). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Emmet Berkery, P.E. (949) 752 -5221 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: Zusser Company, Inc. 27758 Santa Margarita Pkwy., #405 Mission Viejo, CA 92691 949 - 206 -0362 949 - 206 -9042 Contractor, by executing this Contract, "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 n U r] insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11185) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 22 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages i. City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract 23 i • amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and vear first written above. CITY CLERK APPROVED AS TO FORM: AARON C. HARP Assistant City Attorney 25 CITY OF NEWPORT BEACH A Municipa[ Corporation By: J1 Mayor ZUSSER COMPANY, INC. — (Corporate Officerr)// Title: TflS /de,17 Print Name: /c%ir �AsS By: ancial Officer) Title: -CFO, SeCt2e� Ia rr- / Print Name: fKiytxa I Ank ACORLZ CERTIFICATT OF LIABILITY INSURANCE DATE (MMt1D)YYYY) 02/06/2006 PRODUCER (818)889 -2155 FAX (805)379 -4198 ISU Insurance Services License #0650569 anton & Associates 625 Thousand Oaks Blvd #319 Westlake Village, CA 91362 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC9 INSURED Zusser Company, Inc. 27758 Santa Margarita Pkwy Suite 405 Mission Viejo, CA 92691 INSURERA: NIC Insurance Company c/o Partners POLR:Y EFFECTIVE INSURERS: Mercury Casualty Insurance Company OMITS INSURERC: Golden Eagle Insurance Corp. INSURER D: 44655A INSURER E: 12/15/2006 PA%ICDAGCC 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 D' TYPE OF INSURANCE POLICY NUMBER POLR:Y EFFECTIVE POLICY EXPIRATION OMITS GENERAL LIABILITY 44655A 12/15/2005 12/15/2006 EACHOCCURRENCE S 1,000,00 X COMMERCIAL GENERALLIABILHT DAMAGE TO RENTED $ SO OO CLAIMS MADE a OCCUR MED EXP (Any one person) $ 5,000 A PERSONAL S ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2 , 000, OO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 1 000 00 POLICY X P'O_ LOC JECT AUTOMOBILE LIABILITY ANY AUTO AC11074853 12/17/2005 12/17/2006 CO S1NEDISINGLE LIMIT $ 1,000,00 B ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS BODILY INJURY (Per person) $ X X BODILY INJURY (Per acddwt) $ X Comp. Ded: $SOO X PROPERTY DAMAGE (Per acddmt) $ X Coll. Ded : $ 500 GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGO $ ANY AUTO $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ S S DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WC STATU- I OTH- FR EMPLOYERS'LNBIUTY ANY PROPRIETORIPARTNERIEXECUTNE OFFICERWEMBER EXCLUDED? S yes, describe SPECIAL PROVISIONS DeIOw E.L. EACH ACCIDENT $ E.L. DISEABE - EA EMPLOYE S E.L. DISEASE - POLICY LIMIT $ C cTTeduled Equipment ented /Leased CBP8111331 01/27/2006 01/27/2007 Limit of Insurance:$113,250 Deductible:$1,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The City of Newport Beach, its officers, agents, officials, employees & volunteers are named as additional insured per form ANF160. Re: Contract #3698/Bay Avenue Drainage Improvements from 7th Street to Palm Street. 10 days notice of cancellation for non - payment of premium. City of Newport Beach Public Works Department Attn: Shari Rooks, Public Works Specialist 3300 Newport Blvd. Newport Beach, CA 92658 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYSYIRDTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TOTHE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. •, A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.\ BLANKET ADDITIONAL INSURED ENDORSEMENT • (EXCLUDING RESIDENTIAL AND HABITATIONAL) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) CG 20 1011 85 SCHEDULE Name of Person or Organization: Any person or organization that the named insured is obligated by virtue of a written contract or agreement to provide insurance such as is afforded by this policy, provided the Company is notified in writing within 30 days of the inception of the contract or agreement, or the inception of this policy, whichever is later. WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. The following additional provisions apply to any entity that is an insured by the terms of this • endorsement: Primary Wording If required by written contract or agreement: Such insurance as is afforded by this policy shall be primary insurance, and any insurance or self - insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the named insured and shall not contribute to it. 2. Waiver of Subrogation If required by written contract or agreement: We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for injury or damage arising out of "your work" done under a contract with that person or organization. 3. Neither the coverages provided by this insurance policy nor the provisions of this endorsement shall apply to any claim arising out of the sole negligence of any additional insured or any of their agents /employees. 4. This endorsement does not apply to any work involving or related to properties intended for permanent residential or habitational occupancy. The words "you" and "your" refer to the Named Insured shown in the Declarations. 'Your work" means work or operations performed by you or on your behalf; and materials, • parts or equipment furnished in connection with such work or operations. ANF 160 (9/2003) ;&a,/ &e ,��ai nQ Zxy&"l/e/yrow�j A%MERCURY CASUALTY COMPANY 11 ENDJ 004 This endorsement forms part of the policy shown below, all other terms and conditions of this policy remain unchanged. • Policy No. : AC 11074853 Effective Date 02/07/2006 12:01 A.M. Named Insured : ZUSSER COMPANY INC n • IT IS AGREED AND UNDERSTOOD THAT THE FOLLOWING IS LISTED AS ADDITIONAL INSURED ON ALL THE VEHICLES COVERED BY THIS POLICY: CITY OF NEWPORT BEACH, ITS OFFICERS, AGENTS, OFFICIALS, EMPLOYEES & VOLUNTEERS PROJECT LOCATION: CONTRACT #t3698 /BAY AVENUE DRAINAGE IMPROVEMENTS This agreement applies to this policy, or any continuation, renewal or replacement of this policy by the Named Insured, or the reinstatement within 30 days of any lapse thereof. U -44 111994 Producer ISU INS.SVS- STANTON & ASSC 4213 INSURED COPY • 0 CERTHOLDER COPY SG STATE P.O. BOX 420607, SAN FRANCISCO,CA 94142 -0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 02 -06 -2006 GROUP: POLICY NUMBER: 1837388 -2005 CERTIFICATE 10: 3 CERTIFICATE EXPIRES: 11 -29 -2006 11 -29- 2005/11 -29 -2006 THE CITY OF NEWPORT BEACH SG JOB:CONTRACT #3898 PUBLIC WORKS DEPT. BAY AVENUE DRAINAGE IMPROVEMENTS 3300 NEWPORT BLVD. 7TH STREET TO PALM STREET NEWPORT BEACH CA 92858 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 10 days advance written notice to the employer. We will also give you 10days 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 policy 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 to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. =HORIZEDREPRESENTATI PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - LARISSA SASS CEO P - EXCLUDED. ENDORSEMENT #1600 - MIKHAIL FYODORON CFO S - EXCLUDED. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2006 -02 -08 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: THE CITY OF NEWPORT BEACH EMPLOYER ZUSSER COMPANY, INC SG 27758 SANTA MARGARITA PARKWAY #405 MISSION VIEJO CA 92691 [EBC,CNI IREV.2 -051 PRINTED : 02 -06 -2006 • i RECEIVE® FEB 1 U 2005 Public Works Department City of Newport Beach 0 0 POLICYHOLDER COPY SG •STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142 -0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 02 -06 -2006 GROUP: POLICY NUMBER: 1837399 -2005 CERTIFICATE ID: 3 CERTIFICATE EXPIRES: 11 -29 -2006 11 -28- 2005/11 -29 -2006 THE CITY OF NEWPORT BEACH SO JOB:COMTRACT #3898 PUBLIC WORKS DEPT. BAY AVENUE DRAINAGE INPROVEMENTS 3300 NEWPORT BLVD. 7TH STREET TO PALM STREET NEWPORT BEACH CA 92658 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 10 days advance written notice to the employer. We will also give you 10days 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 try the policy 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 to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. is TIORZZED REPRESENTATI PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - LARISSA SASS CEO P - EXCLUDED. ENDORSEMENT #1500 - MIKHAIL FYODORON CFO S - EXCLUDED. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2006 -02 -06 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: THE CITY OF NEWPORT BEACH EMPLOYER ZUSSER COMPANY, INC SO 27758 SANTA MARGARITA PARKWAY #405 • MISSION VIEJO CA 92691 [B10,SL] IREV.2 -051 PRINTED : 02 -06 -2006 FEB -08 -2006 09:49 FROM: � 7149391654 Fax #: t0 q"1 3313 TOIW496443318 P.1/1 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: P_ ? Ib t: Dept.ICrontect Received From: If/76 Date Completed: V 6 6 Sent to: haU By: Company/Person required to have certificate: ZH SF i u. GENERAL LIABILITY A. INSURANCE COMPANY: /V�C 1 �'I r0AVaP7 et B. AM BEST RATING (A: VII or greater): sic C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? D. LIMITS (Must be $1M or greater): What is limit provided? E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, offlcials, employees and volunteers): Is it included? G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? C J Mies ❑ No 4d A, I a OA IWY clot' . Yes No ❑ No 10 < ❑ 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 o 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. TT. AUTOMOBILE LIABILITY �%, t A. INSURANCE COMPANY: McWCU E h= % Fylez •In kg 6 r1 w B. AM BEST RATING (A: VII or greater): C_ ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? es ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ❑ Yes 01CO F. PRIMARY & NON - CONTRIBUTORY WORDING (Far Waste Haule only): Is it included? ju lA- ❑ Yes 0 No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail: per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION S A. INSURANCE COMPANY: B. AM BEST RATING (A: VII or greater): C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? It(F�111 [ld Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? / / \\ V ❑ Yes No Ic Un 1 V 1Pu RCM= \l=oll T^ no ^^Ranl o Inn I Ml�-Y 111 / la /� /1'_w(li'71 A a l • C, J 01/26/2006 THU 12:08 FAX • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ®002/002 • Page 1 of 1 ADDENDUM NO. 1 BAYAVENUE AREA DRAINAGE IMPROVEMENTS FROM 7'w STREET TO PALM STREET CONTRACT NO.3695 DATE: January 26, 2006 BY: i En ear TO: ALL PLANHOLDERS Section 207 -2 REINFORCED CONCRETE PIPE (page SP 17 of 23) is revised as follows: Section 207 -2.1 General. RCP to be installed for the work shall be either "spun" pipe in accordance with Section 207 -2.6.2 of the Standard Specitications for Public Works Construction (Gmenbook), or "machine -made" pipe in accordance with Section 207 -2.6.3 of the Greenbook. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. No bid will be considered unless this signed Addendum No.1 is attached. I have carefully examined this Addendum and have Included full payment In my Proposal. Essen Ce m�a,l,i /, - �r-c Bidder's Name (Please Print)" ' X12 6 /0,6' Date _T Au gnature & Title • tW8m8lpbM8h8reft0ntradlalfy 05 W bay ave drainage 0,WMaddendum no.l.doc License Detail Page 1 of 3 License Detail CALIEORNIA CONTRACTORS STATE LICENSEBOARD Contractor License # 864216 DISCLAIMER A license status check provides information taken from the CSLB license data base. Before relying on this information, you should be aware of the following limitations: • CSLB complaint disclosure is restricted by law (B &P 7124.6.). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and /or legal action information. • Per B &P_7071.17, only construction related civil judgments reported to the CSLB are disclosed. • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. • Due to workload, there may be relevant information that has not yet been entered onto the Board's license data base. Extract Date: 02/0112006 * * * Business Information * * * ZUSSER COMPANY INC 27758 SANTA MARGARITA PKWY SUITE 405 MISSION VIEJO, CA 92691 Business Phone Number: (949) 206 -0362 Entity: Corporation Issue Date: 09/17/2005 Expire Date: 09/30/2007 * * * License Status * * * http: / /www2.cslb.ca.gov /CSLB LIBRARY/License+Detail.asp 02/01/2006 0 License Detail Page 2 of 3 This license is current and active. All information below should be reviewed. * * * Classifications * * * Class Description GENERAL_ENG_I.NEERING CONTRACTOR * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 262472 in the amount of $10,000 with the bonding company AM_ E_RICAN CONTRACTORS INDEMNITY COMPANY. Effective Date: 08/15/2005 BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) MIKHAIL FYODOROV certified that he /she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 09/17/2005 * * * Workers Compensation Information * * * This license has workers compensation insurance with the STATE COMPENSATION INSURANCE_FUPID • Policy Number: 1837699 Effective Date: 11/29/2005 Expire Date: 11/29/2006 Workers n.-History Personnel List License. .Number Request Contractor Name_Reguest Personnel Name Request http: / /www2.cslb.ca.gov /CSLB LIBRARY/License+Detail.asp 02/01/2006 PR 1 OF 8 CITY OF NEWPORT BEACH • PUBLIC WORKS DEPARTMENT PROPOSAL BAY AVENUE AREA STREET AND STORM DRAIN IMPROVEMENTS CONTRACT NO. 3695 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. 3695 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL • AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization @ 4-(&4 I "ADO � -- an is Co 30, ovo — Per Lump Vkm 2. Lump Sum Traffic Control @—FWPAJf— i.e.O�ars id 4MV ris W. F $ 12-1 000 — Per Lump Sum 3. 3 Each Remove Existing Tree @ S. is LU IAA lJ Dollars and 60/100 is $ %i7o r $ Per ach t".F 4. 1400 C.F. Remove __E--xistingPCC Pavement • C�`'1 401OWS Dollars and Cents ��� Per Cu V- Foot 0 PR2of8 Dollars and xw�-r— �l ents $ /% Oo $ B y.2.S °sL Per Linear Foot 9. 530 S.F. Remove Existing PCC Alley ITEM QUANTITY AND UNIT ITEM DESCRIPTION AND UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE @ 4-6 &ep- Dollars 5. 3100 C. F. Remove Existing AC Pavement $ 2v o� $ Per Square Foot @ FoOk Dollars Apron/ Acu /L an $ y Yn $ 15,6 o r and G Cents $ 3 $ Per Cubi oot • 6. 1750 S.F. Remove Existing PCC Sidewalk @ 2'eTi.o Dollars and �i Fide- Cents B J' $ 0 "— SSo $ r 1/ Per S4ugfe Foot 7. 855 L.F. Remove Existing PCC Curb @ :kj K-4eX_k- Dollars and FV i Cents �0 $ 13 1- $ ZI S `%2 s° Per Lin 46r Foot 8. 1,675 L.F. Remove Existing PCC Curb and Gutter Dollars and xw�-r— �l ents $ /% Oo $ B y.2.S °sL Per Linear Foot 9. 530 S.F. Remove Existing PCC Alley Approach @ 4-6 &ep- Dollars and 0 00 --------Cents $ 2v o� $ Per Square Foot 10. 435 S.F. Remove Existing PCC Drive Apron/ @ � jL0 Dollars L(, and G Cents $ 3 $ Per SquaA Foot • @ Dollars and Cents Per Linear Foot 13. 1 Each Remove Existing Junction Structure @ 4414 and Cents Per Each • 14. 2 Each Construct 8" Gate Valve l i � (a). Q_ and -4P-- rr –4P-- Cents Per Each 15. 16 E 2 Each Relocate Existing 8 "" ACP Water Main Dollars and Cents Per Each 1 Each. Construct 2" Water Service & 0 • Dollars PR3of8 ITEM QUANTITY Cents Per Each ITEM DESCRIPTION AND UNIT UNIT TOTAL • AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 11. 1 Each Remove Existing Catch Basin 4tL o tea. W� c @ Dollars and ��— $ a, Y00 $ 0z gCIO Per Each 12. 82 L.F. Remove Existing RCP @ Dollars and Cents Per Linear Foot 13. 1 Each Remove Existing Junction Structure @ 4414 and Cents Per Each • 14. 2 Each Construct 8" Gate Valve l i � (a). Q_ and -4P-- rr –4P-- Cents Per Each 15. 16 E 2 Each Relocate Existing 8 "" ACP Water Main Dollars and Cents Per Each 1 Each. Construct 2" Water Service & Meter Box Dollars and Cents Per Each $q0� $ 3, 2- $ 2900, $ /o $ 43,00 $-.UC-0�:- 11L� 4S. $ zsw $ ev.e44- $ ?00v 's7 oao- 0 • PR4of8 ITEM QUANTITY . AND UNIT ITEM DESCRIPTION AND UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 17. 1,037 L.F. Construct 18" RCP(2100�0�D)) @ and -�Y Cents $ Per Linear Foot 18. 272 L.F. Construct 12" RCP(2000D) @ ,_ "'0 Dollars and � Cents $Jz $ c� 70 Per Linear Foot 19. 5 Each Construct Junction Structure I . ftA4a(s" Y�c�O C�u _cL @5,Y Dollars and -�— Cents $ $ loco Per Each 20. 10 Each Construct Catch Basin (STD- 305 -L) • & Local Depression Fit /e ,W� I wd a- -QL @ Dollars and Cents $� $ Per Each 21. 1 Each Construct Modified Catch Basin & Local D�ep-re�ss "ion @ Dollars �. and Cents $ (2, X00' $ 6, god' Per Each 22. 2 Each Construct Pipe Connection D� 7 �5� D Dollars and �_ Cents /.U� $ /, (/ o $ � Per Each 23. 1 Each Construct 8" Pipe Plug ollars and Cents $ l,3DD $ Per Each 28. 570 S.F. Cold Mill /Grind Existing PCC Pavement (3.25') @ Ffe Dollars and po21 J/z Cents $ 5 3� $ 31 Per Square Pbot 29. 2165 L.F. Construct Curb and Gutter @ Dollars • Cents $ 75� $ a y� Per Linear Foot • • PR5of8 ITEM TOTAL QUANTITY ITEM DESCRIPTION AND UNIT UNIT . AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 24. 30 L.F. Construct 4" PVC (Sch 40) old ku Dollars @ and fiT Cents J� "� $ I UUr $� Per Linear Foot 25. 20 L.F. Relocate Existing Street Light Conduit @;/6uo /fW1?�f(tSlla and 0.0 Cents $ '9 S $ S, ()on Per Linear Foot 26. 5800 S.F. Cold Mill /Grind Existing PCC Pavement (1 ") @ Dollars and Cents $ � $ 63 O 90 • "-Per Square Vot 27. 2770 S.F. Cold Mill /Grind Existing PCC Pavement (2 ") @ %2,1 p Dollars and �t7 /S 5, 95".5 - Cents $ 02 $ rer 9quare Foot 28. 570 S.F. Cold Mill /Grind Existing PCC Pavement (3.25') @ Ffe Dollars and po21 J/z Cents $ 5 3� $ 31 Per Square Pbot 29. 2165 L.F. Construct Curb and Gutter @ Dollars • Cents $ 75� $ a y� Per Linear Foot 9 PR6of8 ITEM QUANTITY AND UNIT ITEM DESCRIPTION AND UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE ' 30. 330 S.F. Construct PCC Cross Gutter @ Dollars and Cents -170 $� $ &0 yss- &0 er 9qugre Foot 31. 650 S.F. Construct 4" PCC Sidewalk @ cfW2�t/� Dollars and 00 Cents ,/ $ /A — $ 0900 Per Square Foot 32. 435 S.F. Construct PCC Drive Apron @ 8i Lt Dollars and 90 Cents $ of ° —° $ Y021 %000 Per Square Foot 33. 1 Each Construct Curb Access Ramp CaseetC� • �//�� t I.-Ag #U5"Q(2 Duhr,/rcec% o 9 a Ars and Cents $ .3, ,2o0 $ 3f doc� Per Square Foot 34. 4 Each Construct Curb Access Ramp Case J (jW u wDlklars 2c� and 0.0 Cents $ '�� 200 $ 31100 Per Square Foot 35. 1 Each Construct Curb Access Ramp Case K 9 Zl°Doo Ar,.ftda eat @ jW _UWUVAM and 00 Cents $ 3,1100 $ y� Per Square Foot 36. 236 S.F. Construct PCC Alley Approach • Type A r @ c�laef aft- Dollars and 00 Cents $ dg, $ 5i 66 y @ 12,%ce j7 one- Dollars and p 00 Cents91 $ / / /00 Per Square Foot 39. 176 Tons Construct AC Leveling Course @Onehwn dud tooiN ve and 00 Cents $ 1075 $ cu/ Ooo Per Ton • 40. 28,550 S.F. • • Fabric PR7of8 ITEM QUANTITY @ Dollars TOTAL ITEM DESCRIPTION AND UNIT UNIT . AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 41. 365 Tons Per Square Foot 37. 341 S.F. Construct PCC Alley Approach Type $ 7'0 $ Dollars 42. 200 Tons and 5'0 50 (r 603 Cents $ $ Per SquaA Foot $ 16P $ O O 38. 100 S.F. Construct Crack Seal @ 12,%ce j7 one- Dollars and p 00 Cents91 $ / / /00 Per Square Foot 39. 176 Tons Construct AC Leveling Course @Onehwn dud tooiN ve and 00 Cents $ 1075 $ cu/ Ooo Per Ton • 40. 28,550 S.F. Construct Pavement Reinforcing Fabric @ Dollars and .Iva4 &t Cents Y-O ' $ $ L1210 PerSquar Foo 41. 365 Tons Construct AC Overlay11 @Ou httW1Q(r(,td 04ollars and 00 Cents $ 7'0 $ Per Ton 42. 200 Tons Construct AC Patch Back �W @One Aiundxed %o l rs and 00 Cents $ 16P $ O O Per Ton 43. 3 Each Adjust Sewer Manholes to Grade hancfr�c% . _`c,o @ OhQ �k,�SWrip Dollars and 0 d Cents $ 200 $ 3, 600 Per Each • • @ hUWC%W Dollars 040 and Cents Per Lump Sum 46. Lump Sum Signing and Striping4 /,mss.,/ @ 9&0- Dollars L-,J and 00 Cents Per Lump Sum 47. Lump Sum Construction Surveying @ dlY IIOU50/n0( Dollars and Cents Per Lump Sum TOTAL PRICE IN WRITTEN WORDS and Cents 0 $ goo $ %r 0 $ 6j OQO $ 596', 5o y so Total Price (Figures) �/ 3U /0 6 zu sSCR Cvm/.xi.>�, luc Date I Bidder 94t- doh -03Co2 Soya f,eesrc%nf Bidder's Telephone an Fax Numbers Bid uthorized Signature and Title 66'41x216 7f agoyy cSamia. In4dtg&#A A-W # yor Bidder's License No(s). Bidder's Address nn-9 4-n f/ie✓p� COQ and Classification(s) 9a s 9.f • F:Wsers\PBWShared\Contracts\FY 05- 061BAY AVE DRAINAGE C- 36951PROPOSAL C- 3695.doc 10 9 PR8of8 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 44. 8 Each Adjust Water Valve Covers to Grade rau,ti huWCfKed � @ and 00 Cents /'r $ 7.70 $ 3, c00 45. Lump Sum Dewatering @ hUWC%W Dollars 040 and Cents Per Lump Sum 46. Lump Sum Signing and Striping4 /,mss.,/ @ 9&0- Dollars L-,J and 00 Cents Per Lump Sum 47. Lump Sum Construction Surveying @ dlY IIOU50/n0( Dollars and Cents Per Lump Sum TOTAL PRICE IN WRITTEN WORDS and Cents 0 $ goo $ %r 0 $ 6j OQO $ 596', 5o y so Total Price (Figures) �/ 3U /0 6 zu sSCR Cvm/.xi.>�, luc Date I Bidder 94t- doh -03Co2 Soya f,eesrc%nf Bidder's Telephone an Fax Numbers Bid uthorized Signature and Title 66'41x216 7f agoyy cSamia. In4dtg&#A A-W # yor Bidder's License No(s). Bidder's Address nn-9 4-n f/ie✓p� COQ and Classification(s) 9a s 9.f • F:Wsers\PBWShared\Contracts\FY 05- 061BAY AVE DRAINAGE C- 36951PROPOSAL C- 3695.doc PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS BAY AVENUE AREA STREET AND STORM DRAIN IMPROVEMENTS CONTRACT NO. 3695 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 1 2 -6 WORK TO BE DONE 1 2 -9 SURVEYING 2 2 -9.3 Survey Service 2 2 -9.6 Survey Monuments 2 SECTION 3 CHANGES IN WORK 2 3 -3 EXTRA WORK 2 3 -3.2 Payment 2 3 -3.2.3 Markup 2 SECTION 4 CONTROL OF MATERIALS 3 4-1 MATERIALS AND WORKMANSHIP 3 4 -1.3 Inspection Requirements 3 4 -1.3.4 Inspection and Testing 3 SECTION 5 UTILITIES 3 5-1 LOCATION 3 5 -2 PROTECTION 3 5 -7 ADJUSTMENTS TO GRADE 3 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 4 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 4 0 9 6 -7 TIME OF COMPLETION 5 6 -7.1 General 5 6 -7.2 Working Days 5 6 -7.4 Working Hours 5 6-9 LIQUIDATED DAMAGES 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 6 7 -7 COOPERATION AND COLLATERAL WORK 6 7 -8 PROJECT SITE MAINTENANCE 6 7 -8.5 Temporary Light, Power and Water 6 7 -8.6 Water Pollution Control 6 7 -8.6.1 Storm Water Pollution Control Plan 7 7 -8.8 Steel Plates 7 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 7 -10.1 Traffic and Access 7 7 -10.2 Storage of Equipment and Materials in Public Streets 8 7 -10.3 Street Closures, Detours, Barricades 8 7 -10.4 Public Safety 8 7- 10.4.1 Safety Orders 8 7 -10.5 "No Parking" Signs 9 7 -10.6 Street Sweeping Signs 9 7 -10.7 Notices to Businesses and Residents 9 7 -15 CONTRACTOR LICENSES 10 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 10 SECTION 9 MEASUREMENT AND PAYMENT 10 9 -3 PAYMENT 10 9 -3.1 General 10 9 -3.2 Partial and Final Payment 17 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 17 201 -1 PORTLAND CEMENT CONCRETE 17 201 -1.1.2 Concrete Specified by Class 17 • • 201 -2 REINFORCEMENT FOR CONCRETE 17 201 -2.2.1 Reinforcing Steel 17 201 -7.2 Quick Setting Grout 17 SECTION 207 PIPE 17 207 -2 REINFORCED CONCRETE PIPE (RCP) 17 207 -2.1 General 17 207 -2.5 Joints 18 207 -9 IRON PIPE AND FITTINGS 18 207 -9.4 AWWA Butterfly Valves 18 SECTION 214 PAVEMENT MARKERS 19 214-4 NONREFLECTIVE PAVEMENT MARKERS 19 214 -5 REFLECTIVE PAVEMENT MARKERS 19 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 19 300 -1 CLEARING AND GRUBBING 19 300 -1.3 Removal and Disposal of Materials 19 300 -1.3.1 General 19 300 -1.3.2 Requirements 20 300 -1.5 Solid Waste Diversion 20 SECTION 302 ROADWAY SURFACING 20 302 -5 ASPHALT CONCRETE PAVEMENT 20 302 -5.1 General 20 302 -5.4 Tack Coat 20 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 20 302 -6.6 Curing 20 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 21 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 21 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 21 303 -5.1.1 General 21 303 -5.4 Joints 21 303 -5.4.1 General 21 303 -5.5 Finishing 21 303 -5.5.1 General 21 0 0 303 -5.5.2 Curb 21 303 -5.5.4 Gutter 21 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 21 308 -1 GENERAL 21 SECTION 310 PAINTING 22 310 -5 PAINTING VARIOUS SURFACES 22 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 22 310 -5.6.7 Layout, Alignment and Spotting 22 310 -5.6.8 Application of Paint 22 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 23 312 -1 PLACEMENT 23 SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 23 400 -2 UNTREATED BASE MATERIALS 23 400 -2.1 General 23 400 -2.1.1 Requirements 23 APPENDIX A — MATERIALS INVESTIGATION APPENDIX B — CITY STANDARD PLANS 0 0 SP 1 OF 23 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS BAY AVENUE AREA STREET AND STORM DRAIN IMPROVEMENTS CONTRACT NO. 3695 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. C- 3695); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of street and storm drain improvements for Bay Avenue from 7"' Street to Island Avenue and Lindo Avenue, and shall include but not be limited to: distribute construction notices to nearby businesses and residents; provide surveying service; cold mill and dispose of PCC and AC pavement; provide and construct A.C. pavement overlay; reconstruct P.C.C. curb and gutter; reconstruct P.C.C. sidewalk; curb access ramps, driveway approaches and cross gutters; construct storm drains, side inlets and junction structures; adjust manhole and valve covers to grade; protect survey monuments in place; install traffic markings and markers and fire hydrant markers; traffic control including temporary installation and removal of barricades, delineators, steel plates, AC driveway ramps, signs, solar - powered arrow boards, flagpersons, etc.; protection and restoration of existing curb drains; restoration of landscaping and improvements damaged by the contractor; clean up and disposal; and perform other incidental items of work as required to complete the Work in place." 2 -9 SURVEYING SP2OF23 2 -9.3 Survey Service. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize /follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. At a minimum, two (2) sets of cut - sheets for all areas shall be included in the bid price and copies of each set shall be provided to City 48 -hours in advance of any work. In addition, the filing of a Corner Record and /or a Record of Survey with the County Surveyor's Office is required after the completion of Work. Prior to any demolition Work the Contractor shall prepare and submit the Corner Records for review by the City a minimum of three (3) working days before the anticipated Work. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and /or monuments damaged by the Work." 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first 0 • SP 3 OF 23 $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -1 LOCATION. Add the following after the 3'd paragraph: "upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust or replace to finish grade City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor will be required to contact Southern California Edison, Southern California Gas Company, SBC Telephone, cable television, and other utility facilities to have existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities. 0 • SP4OF23 SECTION 6--- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date specified in the 'Notice to Proceed." No work shall begin until a "Notice to Proceed" has been issued, a pre - construction meeting has been conducted, and a schedule of work and the traffic control plan have both been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." The following requirements shall be incorporated into the construction schedule: Storm drain installation and all other underground utility work shall be phased in the following order: i) Lindo Avenue ii) Bay Avenue between 7th Street and 6th Street iii) Bay Avenue between 6th Street and Island Avenue Work in each phase must be completed, including temporary patching of trenches, before commencing work in the next stage. Catch basin construction may be deferred to a later phase. 1. Street construction shall be phased in the following order: i) Lindo Avenue ii) Bay Avenue between 7th Street and 6th Street iii) Bay Avenue between 6th Street and Island Avenue. When working within any of these phases the Contractor shall complete all curb, curb and gutter, and sidewalk construction on one side of the street before commencing work on the other side of the street, and before commencing work E] J • SP 5 OF 23 within the street. The purpose of these requirements is to minimize disruption to adjacent residences, and to minimize any damage caused by inclement weather. 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within sixty consecutive working days after the date indicated in the Notice to Proceed. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 18t t the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24"', (Christmas Eve — half day), December 25th (Christmas), and December 31St (New Year's Eve — half day). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 8:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $60.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1000.00 Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $1000.00 per day is the • • SP6OF23 minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Department. The City must approve any nighttime work in advance. The Contractor shall provide and install new water meter and valve boxes. Existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operation Manager, at (949) 718 - 3402." 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during saw cutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also • • SP7OF23 comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at hftp://www.cily.newport-beach.ca.uslr)ubworks/links.htm." 7 -8.6.1 Storm Water Pollution Control Plan ( SWPPP). The Contractor shall submit a Storm Water Pollution Control Plan ( SWPPP) plan for containing any wastewater or storm water runoff from the project site. The SWPPP shall incorporate appropriate Best Management Practices, including, but not limited to, the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7 -8.8 Steel Plates. Add this section: "Steel plates utilized for utility trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." • • SP8OF23 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre - construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detour plans shall meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners." 5. One lane of traffic must be maintained on Bay Avenue during all non - working times. Short-term closures and detours may be permitted during working hours if approved in advance by the City Traffic Engineer. 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all • • SP 9 OF 23 State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY' sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.6 Street Sweeping Signs. After posting temporary "NO PARKING -TOW AWAY" signs, the Contractor shall cover street sweeping signs, on those streets scheduled for work in a manner approved by the Engineer. Immediately after construction is complete and the street is opened to traffic, the Contractor shall promptly uncover the street sweeping signs and remove the temporary "NO PARKING - TOW AWAY" signs. 7 -10.7 Notices to Businesses and Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to businesses and residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other • • SP 10 OF 23 alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. The "As- Built" plans shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9-- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work, and no additional payment shall be made therefore. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, preparing the SWPPP or BMP, preparation and approval of the construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, posting signs, and all costs incurred notifying residents. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, • • SP 11 OF 23 flashing arrow sign, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 3 Remove Existing Tree: Work under this item shall include removal and disposal of trees as noted on the plan, including the complete removal and disposition of all roots larger than 1 inch in diameter, and other organic material, and shall include furnishing all labor, tools, equipment and materials necessary to remove trees complete and in place. Item No. 4 Remove Existing PCC Pavement: Work under this item shall include saw cutting, removal and disposal of existing PCC pavement section and base material, as directed by the City inspector, and as necessary to allow construction of replacement roadway section, and shall include furnishing all labor, tools, equipment and material necessary for performing the work complete and in place, This item shall not apply to PCC removed for trenching of water mains, storm drain pipe, street light conduit or PVC sleeves as shown on the plans. Payment for removal of PCC pavement removal for these items shall be included in the bid items for these items, and no separate payment shall be made therefore. Item No. 5 Remove Existing AC Pavement: Work under this item shall include saw cutting, removal and disposal of existing AC pavement and base material as necessary to allow construction of new roadway section. This item shall apply regardless of the method of removal used by the Contractor, and shall include furnishing all labor, materials tools, and equipment necessary for performing the work complete and in place. Item No. 6 Remove Existing PCC Sidewalk: Work under this item shall include removal and disposal of existing 4" PCC sidewalk and subgrade material as shown on the plans and as directed by the City inspector, and as necessary to allow construction of new sidewalk, and all other work items as required to complete the work in place. Item No. 7 Remove Existing PCC Curb: Work under this item shall include removal and disposal of existing PCC curb and subgrade material as shown on the plans and as directed by the City inspector, and as necessary to allow construction of new curb and gutter, and all other work items as required to complete the work in place. Item No. 8 Remove Existing PCC Curb and Gutter: Work under this item shall include removal and disposal of existing PCC curb and subgrade material as shown on the plans and as directed by the City inspector, and as necessary to allow construction of new curb and gutter, and all other work items as required to complete the work in place. Item No. 9 Remove Existing PCC Alley Apron: Work under this item shall include removal and disposal of existing PCC alley apron and subgrade material as shown on the plans and as directed by the City inspector, and as necessary to allow • • SP 12 OF 23 construction of new alley apron, and all other work items as required to complete the work in place. Item No. 10 Remove Existing PCC Drive Apron Work under this item shall include removal and disposal of existing PCC drive apron and subgrade material as shown on the plans and as directed by the City inspector, and as necessary to allow construction of new drive apron, and all other work items as required to complete the work in place. Item No. 11 Remove Existing Catch Basin Work under this item shall include removal and disposal of existing catch basin and subgrade material, placement and compaction of backfill, as shown on the plans and as directed by the City inspector, and as necessary to allow construction of new improvements, and all other work items as required to complete the work in place. Item No. 12 Remove Existing RCP Work under this item shall include removal and disposal of existing reinforced concrete pipe, placement and compaction of backfill as shown on the plans and as directed by the City inspector, and as necessary to allow construction of new improvements, and all other work items as required to complete the work in place. Item No. 13 Remove Existing Junction Structure Work under this item shall include removal and disposal of existing reinforced concrete junction structure, placement and compaction of backfill, as shown on the plans and as directed by the City inspector, and as necessary to allow construction of new improvements, and all other work items as required to complete the work in place. Item No. 14 Construct 8 -inch Main Line Valve: Work under this item shall include installing an 8 inch Main Line Valve in accordance with City of Newport Beach STD - 505-L including, but not limited to, valve box and cover and valve extension and all other work items as required to complete the work in place. Item No. 15 Relocate Existing 8" Water Main: Work under this item shall include saw cutting and removal of existing pavement material and base material, excavation, removal of existing 8" ACP water main as shown on the plans (exact limits of removal shall be determined in the field by the City inspector), disposal of existing ACP water main in accordance with all applicable codes and ordinances, installation of new PVC water main including bedding material, fittings and thrust blocks, retainer glands, pressure testing, disinfection and flushing of new pipe, placement and compaction of trench backfill, and in accordance with the details shown on the plan, and all other items as required to complete the work complete and in place. Item No 16 Construct 2" Water Service and Meter Box: Work under this item shall include installing 2 -inch copper water service and concrete meter box in accordance with City of Newport Beach STD - 503 -L, including, but not limited to, pavement removal, exposing utilities in advance of pipe excavation operations, trench • • SP 13 OF 23 excavations, bedding, backfill, compaction, and all other work items as required to complete the work in place. Item No. 17 Construct 18 -inch RCP(2000 -D): Work under this item shall include, potholing of all existing facilities, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, installing pipe, installing external joint sealer, placing bedding and backfill material, temporary and permanent support of utilities, disposing of excess excavation materials and all other work items as required to complete the work in place. Item No. 18 Construct 12 -inch RCP(2000 -D): Work under this item shall include, potholing of all existing facilities, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, installing pipe, installing external joint sealer, placing bedding and backfill material, temporary and permanent support of utilities, disposing of excess excavation materials and all other work items as required to complete the work in place. Item No 19 Construct Junction Structure: Work under this item shall include constructing P.C.C. junction structures per CNB Std -310 -L including but not limited to, pavement removal, exposing utilities in advance of work, excavation, temporary patching or plating, backfill, compaction, disposal of excess excavated materials, installation of base, shaft, grade rings, manhole frames and covers, potholing of all existing utilities, temporary and permanent support of utilities, and all other work items as required to complete the work in place. Item No 20 Construct Catch Basin and Local Depression: Work under this item shall include constructing P.C.C. Catch Basins per CNB STD -300 -L including, but not limited to, removing pavement, exposing utilities in advance of work, excavation, temporary patching or plating, backfill, compaction, disposing of excess excavated materials, installing base, shaft, steps, grade rings, galvanized manhole frames and covers, potholing all existing utilities, removing, abandoning or protecting interfering portions of existing utilities or improvements, temporary and permanent support of utilities, and all other work items as required to complete the work in place. Item No. 21 Construct Modified Curb Inlet and Local Depression: Work under this item shall include pavement removal and disposal, exposing utilities in advance of work, excavation and removal of excess material, subgrade compaction, constructing a modified curb inlet per applicable portions of C.N.B. Std. 305 -L and APWA Standard Plan 307 -2, connection to new storm drain pipe, construction of local depression and all other work items as shown on the plans and as required to complete the work in place. Item No. 22 Construct Pipe Connection: Work under this item shall include removal and disposal of pavement, curb, gutter, and local depression, exposing utilities in advance of work, excavation and removal of excess material, subgrade compaction, constructing a pipe connection into existing catch basins per the details shown on the plans, backfill and compaction and construction of new curb and gutter and local • • SP 14 OF 23 depression, and all other work items as shown on the plans and as required to complete the work in place. Item No. 23 Construct 18" Pipe Plug: Work under this Item shall include constructing a 6" PCC, or brick and mortar, plug at the terminus of the 18" pipe as shown on the plans, and all other work items as required to complete the work in place. Item No. 24 Construct 4" PVC: Work under this item shall include the furnishing and installing a 4 -Inch diameter P.V.C. schedule 40 sleeve with pull rope and end caps at the locations shown on the plans, and shall include pavement (or sidewalk and/or drive /alley apron) removal and disposal, exposing utilities in advance of work, excavation and removal of excess material, subgrade compaction, and all other work items as required to complete the work in place. Item No 25 Relocate Existing Street Light Conduit: Work under this item shall include exposing existing street light conduit in conflict with new storm drain pipe to allow City inspector to determine limits of removal and replacement. New street light conduit shall be PVC(Sch 40) to match diameter of existing conduit. The Contractor shall schedule and coordinate work with City Utilities Department with sufficient advance notice to allow for any necessary shut downs, and all other work items as required to complete the work in place. Item No 26 Cold Mill /Grind Existing PCC Pavement (1 "): Work under this item shall include cold milling the concrete roadway to a 1" depth below existing finished grade as shown on the drawings and all other work items as required to complete the work in place. Item No 27 Cold Mill /Grind Existing PCC Pavement (2 "): Work under this item shall include cold milling the concrete roadway to a 2" depth below existing finished grade as shown on the drawings and all other work items as required to complete the work in place. Item No 28 Cold Mill /Grind Existing PCC Pavement (3.25 "): Work under this item shall include cold milling the concrete roadway to a 3.25" depth below existing finished grade as shown on the drawings and all other work items as required to complete the work in place. Item No 29 Construct Curb and Gutter: Work under this item shall include subgrade compaction, constructing curb openings for existing curb drains, constructing P.C.C. curb and gutter (variable curb height per plans), re- chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Gutter width shall be 24 inches, in accordance with City STD - 182 -L. Item No 30 Construct PCC Cross Gutter: Work under this item shall include subgrade compaction, placing and compacting 4" crushed miscellaneous base, • • SP 15 OF 23 constructing 8 -inch thick P.C.C. cross gutter as shown on the plans and in conformance with City STD - 185 -L, and all other work items as required to complete the work in place. Item No 31 Construct PCC Sidewalk: Work under this item shall include, subgrade compaction, constructing the 4 -inch thick P.C.C. sidewalk in accordance with the plans and City STD- 180 -L, removal and replacement in kind of existing parkway improvements (bricks, landscaping etc.) as necessary to construct new sidewalk and /or as directed by the City inspector, and all other work items as required to complete the work in place. Item No 32 Construct PCC Drive Apron: Work under this item shall include constructing 6" P.C.C. driveway approach in accordance with City STD -162 -L (unless otherwise approved by the City inspector) and all other work items as required to complete the work in place. Item No 33 Construct Curb Access Ramp Case C: Work under this item shall include subgrade preparation and constructing 4" PCC access ramp Case C in accordance with the details shown on the plans and all other work items as required to complete the work in place. This item is separate and distinct from Item No 31 (4" PCC sidewalk). Item No 34 Construct Curb Access Ramp Case J: Work under this item shall include subgrade preparation and constructing 4" PCC access ramp Case J in accordance with the details shown on the plans and all other work items as required to complete the work in place. This item is separate and distinct from Item No 31 (4" PCC sidewalk). Item No 35 Construct Curb Access Ramp Case K: Work under this item shall include subgrade preparation and constructing 4" PCC access ramp Case K in accordance with the details shown on the plans and all other work items as required to complete the work in place. This item is separate and distinct from Item No 31 (4" PCC sidewalk). Item No 36 Construct PCC Alley Approach Type A: Work under this item shall include subgrade preparation, placement and compaction of 4' crushed miscellaneous base material, and constructing P.C.C. alley approach Type A in accordance with the details shown on the plans and City STD -142 -L and all other work items as required to complete the work in place. Item No 37 Construct PCC Alley Approach Type C: Work under this item shall include subgrade preparation, placement and compaction of 4' crushed miscellaneous base material, and constructing P.C.C. alley approach Type C in accordance with the details shown on the plans and City STD -142 -L and all other work items as required to complete the work in place. Item No 38 Crack Seal: Work under this item shall include routing out the crack, applying a soil sterilizer, crack sealing of the existing asphalt roadway to be resurfaced • • SP 16 OF 23 with a hot - applied crack sealant, applying an asphaltic tack coat to the roadway and all other work items as required to complete the work in place. Item No 39 AC Leveling Course: Work under this item shall include applying an asphaltic tack coat to the underlying roadway, and placing a varying thickness 1" minimum) layer of AC, and all other work items as required to complete the work in place. Item No 40 Pavement Reinforcing Fabric: Work under this item shall include placing pavement fabric (Glassgrid 8502, or City approved equal) on the AC leveling course, in accordance with the manufacturer's specifications, and as directed by the City inspector, and all other work items as required to complete the work in place. Item No 41 AC Overlay: Work under this item shall include constructing varying thickness asphalt pavement overlay (1.5" minimum) over pavement reinforcing fabric to the elevations shown on the plans and as directed by the City inspector, and all other work items as required to complete the work in place. Item No 42 AC Patch Back: Work under this item shall include placing AC pavement replacement section (6" minimum thickness) adjacent to new curb and gutter, alley approach, and drive aprons as shown on the plans and as directed by the City inspector, and shall include subgrade compaction and application of tack coat, and all other items necessary to complete the work. Item No. 43 Adjust Manhole Frame and Cover to Grade: Work under this item shall include adjusting, lowering and raising during paving operations, of all existing manhole frames and covers to grade and all other work items as required to complete the work in place. Item No. 44 Adjust Water Valve Cover to Grade: Work under this item shall include adjusting, lower and raising during paving operations, of all existing water valve frames and covers to grade and all other work items as required to complete the work in place. Item No. 45 Dewatering: Work under this item shall include proper disposal of all water encountered during trench operations. Due to the proximity of the project to Newport Harbor, it is anticipated that water may be encountered during trenching operations, particularly at the northerly end of Undo Avenue, and particularly during times of seasonal high tides. The Contract Lump Sum Price shall include full compensation for furnishing and installation of pumps, pipes, appliances, and equipment of sufficient capacity to keep trench operations free from water until the trench is backfilled, unless otherwise authorized by the Engineer. Disposal of water shall comply with all applicable codes and ordinances. Water shall be desilted by means approved by the Engineer prior to disposal. 0 • SP 17 OF 23 Item No. 46 Signing and Striping: Work under this item shall include applying thermoplastic pavement markers as shown on the plans, and all other work items as required to complete the work in place. Item No. 47 Construction Surveying: Work under this item shall include surveying, construction surveying, and all other work items as required to complete the work in place. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE. MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall be Class 560 -C- 3250." 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: `Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." 201 -7.2 Quick Setting Grout. Add to this section: "The Contractor shall grout the area between an existing reinforced concrete structure and the new storm drain pipe with a quick setting grout. SECTION 207 -- -PIPE 207 -2 REINFORCED CONCRETE PIPE (RCP) 207 -2.1 General. All RCP to be installed for the work shall be of the "spun" type and shall be so certified." 207 -2.5 Joints. Add to this section: "All storm drain joints shall be sealed with an external joint sealer for pre -cast concrete. The joint sealer shall consist of a reinforced 0 • SP 18 OF 23 collar composed of rubberized mastic formulated to bond into the pores of the concrete. The joint sealer shall also have embedded steel straps. The Contractor shall use Mar Mac "Mac Wrap" or approved equal. Mar Mac Manufacturing Company may be contacted at (800) 845 - 6962." 207 -9.4 AWWA Butterfly Valves 207 -9.4.1 General. All butterfly valves shall be of the tight - closing, rubber - seat type, conforming to the design standards of ANSI/AWWA C504 latest revision, except where noted herein. Valves shall be bubble -tight at the rated pressure in either direction and shall be suitable for throttling service and /or operation after longs periods of inactivity. Manufacturer shall be ISO 9001 Certified or have similar certification up and above AWWA. All butterfly valves shall be from the same manufacturer. Valves shall be manufactured by the Henry Pratt Co. or approved equal prior to bidding. All valve bodies shall be constructed of cast iron ASTM A126, Class B with ANSI B16.1 flange drilling. All valves to have 316 stainless steel exterior body bolts. Discs shall be of the concentric design. Valve discs shall be constructed of ductile iron ASTM A536, Grade 65 -45 -12 with a 316 stainless steel edge. Valves shall have a one piece through shaft of 18 -8 stainless steel, corresponding to the requirements of AWWA C504, latest revision. The shafts shall fasten to the disc by means of a threaded disc pin or through pin providing a positive leak proof connection of the shaft to the disc. Seats shall be simultaneously bonded and vulcanized to the body of the valve. All interior surfaces in contact with water, excluding stainless steel and disc shall be rubber lined or epoxy coated. Valves with the rubber seat located on the valve disc will not be permitted. Seats shall be designed so that no adjustments or maintenance is required. All shaft bearings shall be of the self - lubricating, corrosion- resistant, sleeve type. Bearings shall be designed for horizontal and /or vertical shaft loading. Shaft packing shall be self- adjusting and suitable for pressure or vacuum service. The flow path for valves shall be fully rubber lined. The valve disc shall be Fusion Bonded Epoxy Coated with an AWWA NSF -61 coating system or liquid epoxy on wetted interior surfaces 16 mils, holiday free. Exterior coating shall have 16 mils of liquid epoxy. All valves to be painted at the factory by the valve manufacture. All valves shall be hydrostatic and leak tested in accordance with ANSI /AWWA C504, latest revision with the following modification: Valves shall be tested and rated at 200 PSI to facilitate field system hydro-test. All valves to be tested with the actuator installed as a complete unit by the valve manufacture. Provide certified test reports with all valve shipments. Manufacturer furnishing valves shall present proof of compliance with ANSI/AWWA C504, latest revision. The valve actuators are to be installed and tested at the factory by the valve manufacture. All actuators to be provided with 3/16 stainless steel exterior body bolts. a • SP 19 OF 23 SECTION 214 - -- PAVEMENT MARKERS 214 -4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non - reflective pavement markers types A and AY shall be ceramic." 214 -5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass- covered reflective faces or be 3M Series 290." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Sold Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at http: / /www. city. newport- beach.ca. us /GSV /Frachised %20Haulers. htm." 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth saw cuts. Final removal between the saw cut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. In residential areas no highway rated equipment or trucks are to be used (e.g. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. 0 300 -1.3.2 Requirements 0 SP 20 OF 23 (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words "1 '/z inch" of the last sentence with the words "two (2) inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 302 --- ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section: "The asphalt concrete (A.C.) used for surface caps shall be III -C3 -AR -4000. The A.C. for base course shall be III -132 -AR -4000. All cracks % -inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot - applied crack sealant approved by the Engineer. In residential areas no highway rated equipment or trucks are to be used (e.g. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top 1% inches of asphalt shall be placed in a separate lift. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted 95% minimum with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302 -5.4 Tack Coat. Add to this section: "Prior to placing the asphalt concrete patches, a tack coat of Type SS -1 h asphaltic emulsion at a rate not to exceed one — tenth (1110) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 302 -6.6 Curing. Add to this section: "The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201 -1.1 -2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6 -7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." • • SP 21 OF 23 SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patch back shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 303 -5.4 Joints 303 -5.4.1 General. Add to this section: "The Contractor shall make a saw cut parallel to the centerline of the alley, 2 feet along each side of centerline, over the entire length of the alley. The Contractor may also saw cut the property lines, adjacent to the alley, in lieu of scoring the pavement along the property lines or constructing an edged cold joint. All saw cuts shall be made to a depth of 2 inches." 303 -5.5 Finishing 303 -5.5.1 General. Add to this section: "The Contractor shall patch back A.C., P.C.C. and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color." 303 -5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" or "W" for sewer or water lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718- 3402." 303 -5.5.4 Gutter. Add to this section: "The Contractor shall hold the flow line tolerances to within 0.01- feet of those elevations shown on the plan." SECTION 308 --- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. • • SP 22 OF 23 The Contractor shall arrange to meet for this work with the City's Urban Forester, Mr. John Conway at (949) 644 -3083 a minimum of five workdays prior to beginning the work. The Contractor shall describe the method of pruning and removing minor tree roots that may be encountered during construction. The Urban Forester will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he /she shall cease work at that location and immediately contact the City's Urban Forrester for inspection. Upon inspection, the Urban Forrester may require the Contractor to formally submit a plan for removing the large roots to the City for review. SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.6 Preparation of Existing Surfaces. Modify and amend this section to read: "The Contractor shall remove all existing thermoplastic traffic striping and pavement markings prior to application of slurry seal by a method approved by the Engineer." 310 -5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: "The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 310 -5.6.8 Application of Paint. Add to this section: "Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.45 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. 0 • SP 23 OF 23 If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re- install "NO PARKING, TOW- AWAY" signs and re- notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes /covers /damages existing striping and /or raised pavement markers outside of the work area, he shall re- stripe /replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." SECTION 312 - -- PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT. Amend this section with: 1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD - 902 -L. 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry." SECTION 400 - -- ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General 400 -2.1.1 Requirements. Add to this section: "The Contractor shall use crushed miscellaneous base as the base materials." FAUsers\PI3 \Shared\Contracts\FY 05-06 \BAY AVE DRAINAGE C- 3695 \SPECS C3695.doc !' T BY C" F% 14 ' „- Ll CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT • �31;�100 -2000 Agenda Item No. 4 February 14, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Emmet Berkery 949-6443311 embpe @aol.com SUBJECT: BAY AVENUE AREA DRAINAGE IMPROVEMENTS - AWARD OF CONTRACT NO. 3695 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3695 to Zusser Company, Inc. for the Total Bid Price of $596,504.50, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $60,000 to cover the cost of unforeseen work and $5,000 for geotechnical services. 4. Approve a Budget Amendment transferring $25,554 from the EIRI Preliminary Plans Gas Tax Account (7181- C5100070) to the Bay Avenue Drain and Street Rehabilitation Phase 2 Gas Tax Account (7181- C5100829). DISCUSSION: At 11:00 a.m. on January 31, 2006, the City Clerk opened and read the following bids for this project: TOTAL BID AMOUNT $596,504.50 $614,833.00 $711,001.00 $798,034.00 $798,923.00 BIDDER Low Zusser Company, Inc. 2 GCI Construction 3 Nobest, Inc. 4 Ross A. Guy & Son, Inc. 5 Lonerock, Inc. TOTAL BID AMOUNT $596,504.50 $614,833.00 $711,001.00 $798,034.00 $798,923.00 Bay Avenue at Undo Street anSainage Improvements -7'" Street to Palm Streeoward of Contract No. 3695 February 14, 2006 Page: 2 The low total bid amount is 3.1 percent above the Engineers Estimate of $578,545. The low bidder, Zusser Company, Inc., 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. Project Information This contract is the first phase of an overall project to address paving and drainage deficiencies in an area of the Balboa Peninsula generally bounded by 7'h Street, Palm Avenue, Balboa Boulevard, and Edgewater Avenue. This contract will provide for the construction of street and storm drain improvements in Lindo Avenue between Bay Avenue and Edgewater Avenue and in Bay Avenue from 71' Street to Island Avenue. Pursuant to the Contract Specifications, the Contractor will have 60 consecutive working days to complete the work. Environmental. Review: The City's project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines. This exemption covers minor alterations of public highways and facilities involving negligible or no expansion of use beyond that existing at the time the project was authorized by City Council. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Affected residents and businesses will be noticed by the City two weeks prior to the start of work and by the Contractor at least two days prior to starting work in their area. Geotechnical Services and Material Testing In addition to the contract costs, approximately $5,000 in consulting geotechnical services, including materials testing, is estimated for the project and will be performed by a City on -call consultant. Construction survey services are included within the construction contract. , , Bay Avenue at Undo Street* Drainage Improvements -7" Street to Palm A — Award of Contract No. 3695 February 14, 2006 Page: 3 Funding Availability: Upon approval of the recommended Budget Amendment, sufficient funds are available in the following account(s) for the project: Account Description Drainage Gas Tax Prepared by: Emmet Berkery Project Manager Attachments: Project Location Map Bid Summary Account Number Amount 7012- C5100008 $236,950.50 7181- C5100829 $424,554.00 Total: $661,504.50 Submitted by: j FOAS 6 I D co co co PACIFIC OCEAN �F �c ti9 - -- LIMITS OF STREET & DRAINAGE IMPROVEMENTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAY AVENUE AREA STREET AND DRAINAGE IMPROVEMENTS C -3695 co goo Dc m CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TITLE: Bay Avenue from 7th to Island & Linda Street and Drainage Improvements BID LOCATION: City Clerk's Office -City Hall CONTRACT NO.: C-3695 DATE: Jamusry 31 TIME 11:05 AM ENGINEER'S ESTIMATE: $578,545.00 BY: E.B. CHECKED: DATE: Feb. 1, 2006 PROJECT MANAGER: Emmet Berkery En sneers Estimate 2USSER COMPANY GCI CONSTRUCTION NOISIEST, INC. ROSS A. GUY &SON LONEROCK INC. ITEM DESCRIPTION QUANTITY UNIT I AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOLIMT UNIT AMOUNT 1 Mobilization 1 I EA $20,000.00 $22.500.00 $30,000.00 $30,000.00 $85,000.00 $85,000.00 $40,000.00 $40.000.00 $50.000.00 $50.000.00 $20.000.00 $20.000.00 2 Traffic Control 1 EA $25,000.00 $25.000.00 $12,000.00 $12,000.00 $8000.00 $8.000.00 530,000.00 $30.000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 3 Remove Existing Tree 3 EA 5400.00 $1,200.00 $600.00 $1,800.00 5500.00 $1,500.00 $1,000.00 $3,000.00 $600.00 $1,800.00 $1,500.00 34,500.00 4 Remove Existing PCC Pavement 1,400 CF $1.50 $2,100.00 $3.50 $4,900.00 $6.00 $8,400.00 $6.00 $8,400.00 $8.90 $11,200.00 $5.00 $7,000.00 5 Remove Existing AC Pavement 3,100 CF $3.00 $9.300.00 $4.40 $13,640.00 $4.00 $12,400.00 $6.00 $18,600.00 54.00 $12400.00 54.00 $12.400.00 6 Remove Existing PCC Sidewalk 1,750 CF $2.00 $3,500.00 $0.85 $1,487.50 $1.50 $2,625.00 $2.00 $3,500.00 54.00 $7,000.00 $2.50 $4,375.00 7 Remove Existing PCC Curb 855 LF $1.50 $1,282.50 $13.50 $11,542.50 $7.00 $5,985.00 $10.00 $8,550,00 $7.00 $5,985.00 $15.00 $12.625.00 8 Remove Existing PCC Curb antl Gutter 1,675 LF $4.00 $6,700.00 $11.00 $18,425.00 $8.00 $13,400.00 $15.00 $25,125.00 $8.00 $13,400.00 $22.00 $36.850.00 9 Remove Existing PCC Alley Approach 530 SF $2.00 $1,060.00 $3.00 $1,590.00 $3.00 $1,590.00 $100 $1,590.00 $8.00 $4,240.00 $3.00 $1,590.00 10 Remove Existing PCC Drive Apron 435 SF $2.00 $870.00 $3.50 $1,522.50 $3.00 $1,305.00 $3.00 $1,305.00 $8.00 $3,480.00 $3.00 $1,305.00 11 Remove Existing Catch Basin 1 EA 1 $1,000.00 $1,000.00 $2,400.00 1 $2,400.00 $700.001 $700.00 $1,500.00 $1,500.00 $1,000.001 $1,000.00 $2,500.00 32,500.00 12 Remove Existing RCP 82 LF $30.00 $2,460.00 540.00 $3,280.00 $27.00 $2,214.00 $35.00 $2,870.00 $40.00 $3,280.00 $50.00 84100.00 13 Remove Existing Junction SWcture 1 EA $1,000.00 $1,000.00 $800.00 $800.00 $700.00 $700.00 $5,000.00 $5,000.00 $1000.00 $1,000.00 $2,500.00 $2,500.00 14 Construct B Gate Valve 2 FA $1,060.00 $2,120.00 $1,300.00 $2,600.00 $1,800.00 $3,600.00 $2,400.00 $4,800.00 $1,800.00 $3,600.00 $3500.00 $7,000.00 15 Relocate Existing 8 ACP Water Main 2 EA $6,000.00 $12.00.00 $2,300.00 $4,600.00 $5400.00 $10.800.00 $10,800.00 $21,600.00 $11,000.00 $22,000.00 $4,000.00 $8,000.00 16 Construct 2' Water Service &Meter Box 1 EA $2,000.00 $2,000.00 $7,000.00 $7,000.00 53,400.00 $3.400.00 $7,400.00 $7,400.00 $3,000.00 $3.000.00 $3.500.00 $3,500.00 17 Construct 16 RCP 20000 1,037 LF $150.00 $155,550.00 $127.00 $131,699.00 $97.00 $100,589.00 $185.00 $191,845.00 5235.00 $243,695.00 $270.00 $279,990.00 18 Construct 1T RCP 20000 272 LF $150.00 $40.800.00 $32.00 $8,704.00 $81.00 $22,032.00 $140.00 $38,080.00 $190.00 $51,680,001 $300.00 $81,600.00 19 Construct Junction Structure 5 EA $6,000.00 $30,000.00 $6,200.00 $31,000.00 $3,500.00 $17,500.00 $4,900.00 $24,500.00 $4,300.00 $21,500.00 $5,000.00 $25000.00 20 Construct Catch Basin & Local Depression 10 EA $3,000.00 $30,000.00 $5,700.00 $57,000.00 54,200.00 $42,000.00 $5,800.00 $58,000.00 $5.100.00 $51,000.00 $5,000.00 $50,000.00 21 Construct Modified Catch Basin & L.D, 1 EA $4,000.00 $4,000.00 $6,800.00 $6,800.00 $4,200.00 $4,200.00 $6,200.00 $6,200.00 $5,300.00 $5.300.00 $6,000.00 $6,000.00 22 Construct Pipe Connection 2 EA $1.000.00 $2.000.00 $1,400.00 52,800.00 $3,800.00 $7.600.00 $1,800.00 $3.600.00 $700.00 $1,400.00 $2,000.00 $4,000.00 23 Construct 18' Pi a Plug 1 EA $500.00 $500.00 $1,300.00 $1,300.00 $520.00 $520.00 $700.00 $700.00 $900.00 $900.00 $500.00 $500.00 24 Consmst 4' PVC ISM 40 30 LF $35.00 $1050.00 $100.00 $3,000.00 $77.00 $2,310.00 $80.00 $2,400.00 $150.00 $4500.00 $100.00 $3,000.00 25 Relocate Existing Street light Conduit 20 LF $50.00 $1,000.00 $250.00 $5,000.00 $150.00 $3,000.00 $245.00 $4,900.00 $280.00 $5,600.00 $260.00 $5.200.00 26 Cold MIIVGrind Existing PCC Pavement 5,800 SF $1.50 $8,700.00 $1.05 $6,090.00 $0.90 $5,220.00 $0.81 $4,698.00 $1.00 $5,800.00 $1.00 $5,800.00 27 Cold MIIIlGdnd Existing PCC Pavement 2,770 SF $2.00 $5,5,Ktoo $2.15 $5.955.50 $2.00 $5,540.00 $1.70 $4,709.00 $2.00 $5,540.00 $1.90 $5,263.00 28 Cdtl Mill/Grind Existing PCC Pavement 3.25' 570 SF $3.00 $1,710.00 $5.30 $3,021.00 $4.50 $2,565.00 $4.10 $2,337.00 $5.00 $2,850.00 $5.00 $2.850.00 29 Construct Curb and Gutter 2,165 LF $22.00 $47,630.00 $15.00 $32,475.00 $29.00 $62,785.00 $25.00 $54125.00 $26.00 $56.290.00 $25.00 $54,125.00 30 Construct PCC Cross Gutter 330 SF $20.00 $6,600.00 $13.50 $4,455.00 $13.00 $4,290.00 $8.00 $2,640.00 $9.20 $3036.00 $8.00 52,640.00 31 Consmurcl r PCC Sidewalk 650 SF $6.00 $3,900.00 $12.00 $7,600.00 $7.00 $4.550.00 $4.00 $2,600.00 $4.70 $3,055.00 $7.00 $4550.00 32 Construct PCC DriveApron 435 SF $10.00 $4,350.00 $28.00 $12180.00 $8.00 $3,480.00 $6.00 $2,610.00 $7.00 $3,045.00 38.00 $3,480.00 33 Construct Curb Access Ram Case C 1 EA $2,200.00 $2,200.00 $3,200.00 $3,200.00 $2.000.00 $2,000.00 $1,000.00 $1,000.00 $1,700.00 $1.700.00 $3.000.00 $3.000.00 34 Construct Curb Access Ram Case 4 EA $2,200.00 $8,800.00 $2,200.00 $8,800.00 $2,000.00 $8,000.00 $1,1X10.00 $4,000.00 $1,700.00 $6,800.00 $3.000.00 $12,000.00 35 Construct Curb Access Ram Case K 1 EA $2.200.00 $2,200.00 $3,400.00 $3,400.00 $2,000.00 $2,000.00 $1,000.00 $1,000.00 S1 700.00 $1,700.00 $3,000.00 $3,000.00 36 Construct PCC Alley Approach Type A 236 SF $10.00 $2.360.00 $24.00 $5,664.00 $11.00 $2.596.00 $6.00 $1,416.00 $9.00 $2.124.00 $10.00 $2,360.00 37 Construct PCC AIIe Approach Type C 341 SF $10.00 $3,410.00 $13.50 $4,603.50 $12.00 $4,092.00 $6.00 $2.046.00 59.00 $3,069.00 $10.00 $3.410.00 38 Construct Crack Seal 100 SF $40.00 $4,000.00 $91.00 $9,100.00 $33.00 $3,300.00 $15.00 $1,500.00 $50.00 $5.000.00 $20.00 $2,000.00 39 Construct AC Levelin Course 176 TONS $65.00 $11,440.00 $125.00 $22,000.00 $125.00 $22,000.00 $100.00 $17,600.00 $135.00 $23,760.00 $100.00 $17,600.00 40 Construct Pavement Reinforcing Fabric 28,550 SF $1.25 $35,687.50 $0.40 $11,420.00 $1.00 $28,550.00 $0.10 $2855.00 $0.20 $5,710.00 $0.20 $5.710.00 41 Construct AC Ovens 365 TONS SG 5.00 523,725.00 $110.00 $40,150.00 $91.00 $33,215.00 $90.00 $32,850.00 $93.00 $33945.00 $100.00 $36,500.00 42 Construct AC Patch Back 200 TONS $75.00 $15,000.00 $168.00 $33.600.00 $108.00 $21,600.00 $150.00 $30.000.00 $115.00 $23,000.00 $140.00 $28,000.00 43 Adjust Sewer Manholes to Grade 3 FA $500.00 $1,500.00 $1,200.00 $3,600.00 $560.00 $1,680.00 $350.00 $1,050.00 $750.00 $2,250.00 $500.00 $1,500.00 44 Adjust Wafer Valve Covers to Grade 8 EA $350.00 $2,800.00 $450.00 $3,600.00 $500.00 $4,000.00 $300.00 $2,400.00 $550.00 $4,400.00 $300.00 $2,400.00 45 Dewaterin 1 EA $15,000.00 71, $75.000.00 $500.00 $500.00 $12,000.00 $12,000.00 $8,000.00 $8000.00 547000.00 $67,000.00 51.500.00 $1.500.00 46 SI m and Striping 1 EA $1,500.00 $3,000.00 54,000.00 $4.000.00 $3,500.00 $3,500.00 $3,100.00 $3,100.00 $2,000.00 $2000.00 57500.00 $1.500.00 47 Construction Surveying 1 EA $10,000 $10,000.00 $6,000.00 $6.000.00 $16,500.00 $16.500.00 $15,000.00 $15.000.00 $12,000.00 $72,000.00 57,000.00 $1,000.00 EE $578,545.00 LOW I 5596,500.50 2ND 1 3610.833.00 3RD 771,001.00 dTH 5798 34.00 5TH $798,923.00 Wy of Newport Beach NO. BA- 06BA -043 BUDGET AMENDMENT 2005 -06 AMOUNT: $2s,ss4.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance PX Transfer Budget Appropriations PX No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To transfer budget appropriations for Bay Avenue Area Drainage Improvements. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3609) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Description Amount Debit Credit $25,554.00 $25,554.00 Division Number Account Number Avtwnatic S Entry , , �� Signed:Ijy/aes0 C Fi anaal Approval: Administrative Services Director Date Signed: Signed: Administrative Approval: City Manager City Council Approval: City Clerk Date Date Description Division Number 7181 Gas Tax Account Number C5100070 EIR - Preliminary Gas Tax Division Number 7181 Gas Tax Account Number C5100829 Bay Avenue Drain & Street Rehab Division Number Account Number Division Number Account Number Division Number Account Number Amount Debit Credit $25,554.00 $25,554.00 Division Number Account Number Avtwnatic S Entry , , �� Signed:Ijy/aes0 C Fi anaal Approval: Administrative Services Director Date Signed: Signed: Administrative Approval: City Manager City Council Approval: City Clerk Date Date PROFESSIONAL SERVICES AGREEMENT WITH PENCO ENGINEERING, INC., FOR BAY AVENUE AREA STREET AND DRAINAGE IMPROVEMENTS CONTRACT NO. 3695 THIS AGREEMENT is made and entered into as of this day of 2004, by and between the CITY OF NEWPORT BEACH, a Municipal Cor oration ( "Cit)(), and PENCO ENGINEERING, INC. a corporation whose address is One Technology Park, Building J -725, Irvine, California, 92618 ( "Consultant"), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to improve the streets and drainage in the Bay Avenue area from Palm Avenue to 7t' Street. C. City desires to engage Consultant to design the streets and drainage system in the Bay Avenue area from Palm Avenue to Ph Street as described in Exhibit A. scope of work ( "Project "). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project shall be George A. Jurica, P.E. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: u4f mil The term of this Agreement shall commence on the above written date, and shall terminate on the 30th of June, 2006, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. In no event shall Consultant's compensation exceed One Hundred Seventy -five Thousand, Three Hundred Fourteen and 00/100 Dollars ($175,314.00) without additional authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and/or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any 2 0 0 reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Carlos A. Pineda, P.E. to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by, this Agreement. 3 0 0 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. William Patapoff, P.E. shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. C! 0 0 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents 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, attorney's 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 work negligently performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and /or design defects [if the design originated with Consultant]) or Consultant's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, 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 Consultant to indemnify the Indemnified Parties from any Claim arising from the active negligence or willful 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 Agreement. 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. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right r� 0 0 to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates . of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. 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 A 0 E Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant 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 for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, 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 occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: 7 i • L The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. 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. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of E: 0 0 the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. 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. 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. The subconsultants authorized by City to perform work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived 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. All improvement and /or construction plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with a minimum thickness of three mils. Consultant shall provide to City 'As- Built' drawings, and a copy of digital ACAD and tiff image files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, M • • a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for 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 original drawings shall be submitted to City in the version of AutoCAD used by City in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 20. 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. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all 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. 10 0 0 22. 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 and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. 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 to Consultant under this Agreement. 23. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 24. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST The 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 any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such 11 27. 28. • i persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 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 immediate 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. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Consultant and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Bill Patapoff, City Engineer Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Phone: 949 - 644 -3311 Fax: 949 - 644 -3308 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Carlos A. Pineda, P.E. Penco Engineering, Inc. One Technology Park Building J -725 Irvine, CA 92618 Phone: 949 - 753 -8111 Fax: 949 - 753 -0775 TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps 12 0 0 necessary to cure such default, the non - defaulting parry may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. 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. 31. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 32. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 33. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 13 0 34. SEVERABILITY n t.� If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 35. CONTROLLING LAW AND VENUE The laws of the State of California shall govem this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 36. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sera or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: LaVonne Harkless, City Clerk ' CITY OF NEWPORT BEACH, A Municipal Corporation By. J Mayor for the City of Ne ort BeachJ CONSULT N President and Pry(cipal Penco Engineering, Inc. Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates f: \users \pbw\sharedlagreementsNfy 03 -04 \pence -bay avenue impmvements.doc 14 0 ExNc15 � —V- `9 a PROPOSAL FOR PROFESSIONAL ENGINEERING SERVICES - BAY AVENUE AREA STREET AND DRAINAGE IMPROVEMENTS FROM 7rH STREET TO PALM AVENUE REVISED SCOPE OF WORK A. KICK -OFF MEETING PENCO Engineering, Inc. will schedule a Kick -off Meeting with the City representatives. This meeting will serve to: 1.0 Develop the basic working relationship between the City, County, utility agencies and other agencies involved in the project by discussing responsibilities and proper lines of communication. 2.0 Discuss the project requirements, scope of work and project approach. 3.0 Establish a schedule and time and place of the future Project Team Meetings B. RESEARCH AND REVIEW OF AVAILABLE DATA PENCO Engineering, Inc. will research and obtain City records and documents including, but not limited to, existing improvement plans, topographic data maps, "As- Built" drawings, utility plans, geotechnical reports, studies and other pertinent information. The Project Team will review this information prior to beginning surveys and preliminary design. C. SITE EVALUATION Perform visual field inspection of the street to determine areas of structural damage of existing AC and PCC pavement, curb, gutter, driveways, and sidewalk. Identify street sections that exhibit structural damage and establish the areas that need overlay and areas that need total replacement. In addition, PENCO Engineering, Inc. will evaluate existing access ramps and driveways for compliance with ADA requirements. PENCO Engineering, Inc. will also identify potential drainage problems and possible feasible locations for proposed catch basin inlets for the proposed storm drain system. SCOPE OF WORK r • D. DESIGN SURVEY PENCO Engineering, Inc. will provide the Design Surveys, including topography and cross sections, for this project. The survey for the project will be certified by a licensed surveyor and consist of the following: 1.0 Establish horizontal and vertical survey and construction control for the complete length of the project. 2.0 Perform field survey for the removal and replacement of existing pavement and /or for the placement of overlays, for the construction or replacement of the existing handicap access ramps and driveways, and construction of new curb, gutter and sidewalk. Work may include, but not be limited to: 2.1 Cross section elevations taken at 50 ft. intervals. The sections will follow this format: property line / right - of -way, top of curb, flow line, edge of pavement, striping lane lines, finish surface at the centerline. 2.2 Locate topography and take cross sections to adequately show the condition of the project site prior to construction. We will reduce the data to a form showing centerline station, offset from centerline, and elevation. In areas where widening is proposed, the topographic survey will extend beyond the right -of- way in the following manner: 50 ft. for side streets and 300 ft. at major intersections. 2.3 Locate visible existing improvements within the street right -of -way. 2.4 Provide 0.5 ft contours. 2.5 Provide additional elevations to design drainage facilities. 2.6 As an optional task, we have added additional survey to provide 25' sections instead of 50' sections. This would help in the preparation of the drainage study. 3.0 PENCO Engineering, Inc. will sign, date and submit all original survey notes to the City within 15 working days after the completion of the survey SCOPE OF WORK i • E. UTILITY COORDINATION PENCO Engineering, Inc. will coordinate with the utility agencies throughout the design phase. If the proposed improvements interfere with existing utilities, we will arrange to have potholes taken by the utility company, if this can be accomplished in a timely manner. Otherwise, any needed potholing will be performed under a potholing allowance provided in this agreement as an optional item. PENCO Engineering, Inc. will secure permits, if needed, from utility companies for the design and construction of the project. At this time, we do not anticipate the need to secure additional right -of -way. F. BASE SHEETS PENCO Engineering, Inc. will prepare Base Sheets utilizing the design survey, utility search data and existing street improvement plans for the project. These Base Sheets will be utilized for the preliminary design of the street widening and pavement rehabilitation / traffic signal modifications and signing and striping plans. The plans will be prepared at a 1 " =20' scale for both the street and storm drain improvements. G. PAVEMENT EVALUATION PENCO Engineering, Inc. will work with the firm of LaBelle - Marvin to prepare a pavement evaluation and recommendations for the proposed Bay Avenue Area. Based on discussions to date, pavement thickness, aggregate base thickness and subgrade conditions, subgrade sampling, etc. will be accomplished through a combination of sampling and measurements during scheduled potholing operations, supplemented with pavement core sampling and subsurface boring. Similarly, a reasonable uniformity of conditions is anticipated which may limit the number of subgrade R -value tests. Pavement core sampling will be scheduled and performed following completion of all utility potholing. All data developed during the potholing operation will be reviewed prior to sighting the core and bore locations. A budget of ten (10) additional test sites is proposed. Engineering analysis to provide design recommendations regarding pavement structural sections and rehabilitation measures will be provided along with cost considerations for each alternative. SCOPE OF WORK 1.0 Coring and Boring Coring and boring will be performed at ten (10) locations based on locations of potholing to determine the thickness of the existing structural section. Borings will be extended a maximum depth of four (4) feet from the surface to obtain samples of the subgrade. Samples will be placed in plastic bags, sealed, and transported to the laboratory for further analysis. Prior to leaving the site, all sample locations will be backfilled and patched. LaBelle - Marvin, Inc. shall provide traffic control adequate to protect the traveling public and work force. H. DRAINAGE EVALUATION PENCO Engineering, Inc. will utilize survey information, as -built plans, and other existing available information to conduct a 10 -year hydrology study of the project area. The study will be prepared in full compliance with the City and the County of Orange's Hydrology Manual Standards. The proposed improvements will be quantified and construction cost estimates will be provided to facilitate City decisions as to the scope of the construction. We anticipate meeting with the City of Newport Beach one (1) time to present the results of the study. A. STREET AND DRAINAGE IMPROVEMENT PLANS Based on the City's selected alternatives for pavement rehabilitation and drainage, PENCO Engineerin& Inc. will provide construction drawings at a scale of 1 " =20' and 1 " =10' for details. The street plans will be prepared in full conformance with the City of Newport Beach Standards. The proposed street and drainage improvement plans will provide the following improvements: 1.0 Street Improvement and Rehabilitation Plans - PENCO Engineering, Inc. will prepare plan and profile sheets for the proposed street improvements and rehabilitation work. The plans will be prepared at a scale of 1 " =20' horizontal scale and 1 " =2' vertical scale. The plans will show the areas that need overlay or reconstruction. The plans will show all removals, new asphalt concrete pavement, and new and existing curb and gutter and sidewalk. The street SCOPE OF WORK M • • improvement plans will also show the reconstruction of access ramps and driveways to City Standards. The plans will also show every utility valve cover and or manhole or vault that needs to be adjusted to grade and or protected in place. We anticipate twelve (12) sheets, including title sheet and two (2) detail and cross - section sheets. 2.0 Storm Drain Plans - PENCO Engineering, Inc. will prepare plan and profile sheets for the proposed drainage improvements for this area. The plans will be prepared at a scale of 1 " =20' (horizontal) and 1 " =2' (vertical). The plans will show the proposed catch basin locations for the proposed storm drain, utility crossings, etc. We anticipate a total of seven (7) sheets, including two (2) detail sheets. This assumes storm drain along West Bay and three (3) intersecting streets leading to existing catch basin and not affecting existing outlets to the ocean. B. QUANTITY CALCULATIONS AND ESTIMATES PENCO Engineering, Inc. will submit quantities and construction cost estimates with every submittal to the City. PENCO Engineering, Inc. will compare the construction cost estimates against the budgets provided by each City. Any overages will be brought to the City's attention immediately and recommendations will be presented for cost reduction. A final estimate will be provided to the City once the plans are approved and for comparison with the Bids. C. PREPARE PROJECT SPECIFICATIONS Prepare general and special provisions for the project to conform to the City's standard template documents, including quantities, proposals, and engineer's estimates. Prepare bid schedule. Utilize City's general provision and bid forms to finalize a complete bid package. D. 60% DESIGN REVIEW We shall submit preliminary title sheet, base plan and profile sheets, drainage improvement sheets, sketches of details and sections, and preliminary quantities and cost estimates. SCOPE OF WORK • 0 E. 90% DESIGN REVIEW We shall submit plans, specifications, and quantities and cost estimates at the 90% level. All 60% design review comments shall be addressed at this time. F. 100% DESIGN REVIEW We shall submit final plans, completed specifications, and final quantities and cost estimates. All 90% design review comments will be addressed at this time. G. FINAL APPROVAL REVIEW We shall submit final plans, specifications, and revised final quantities and cost estimates. All 100% design review comments will be addressed at this time. H. MEETINGS To ensure understanding of the contract objectives and proper coordination between the team, meetings between the City and PENCO Engineering, Inc. will be held as specified in the Request for Proposal: a meeting for each of the submittals, 60 %, 90 %, and 100% completion. Our proposal estimates eight (8) meetings during this phase of the project. All project objectives, our work schedule, the terms of the contract, and any other related issues will be discussed and any technical problems resolved at the meetings. We will, at or before our meetings, supply four (or more if needed) copies of all completed reports, studies, plans, specifications, and estimates, which are ready for submittal. We will update the project schedule using Microsoft Project format and submit it to the City for approval. The Progress Reports shall be submitted at monthly intervals, indicating progress achieved during the reporting period in relation to the progress scheduled. We will provide the Project Manager with a copy of a Progress Report on a monthly basis or at least two working days before a scheduled meeting. SCOPE OF WORK E I. OPTIONAL ITEMS NOT REFERENCED IN ORIGINAL SCOPE SURVEY ALTERNATES 1.0 SURVEY SECTIONS AT 25' INTERVALS Cross section elevations taken at 25 ft. intervals (22 intersections). The sections will follow this format: property line / right -of -way, top of curb, flow line, edge of pavement, striping lane lines, finish surface at the centerline. 2.0 MONUMENT PERPETUATION (PRE- CONSTRUCTION) Consultant shall set reference tie points in curbs and walks to be able to re -set any existing center line monuments that may be damaged or destroyed during construction activity (22 intersections). 3.0 MONUMENT REPLACEMENT Consultant shall re -set any damaged or destroyed centerline monuments after the street re- construction process is completed. Said center line points shall be re -set by means of the center line ties. Consultant shall file a "corner record" certificate with the County Surveyor's Office in conformance with the "Land Surveyor's Act." OPTIONAL SERVICES 1.0 CEQA CATEGORICAL EXEMPTION We understand that the project may qualify for a Class 1 exemption under the California Environmental Quality Act (CEQA) provisions for categorical exemptions. PCR shall prepare the exemption form and will prepare a technical memorandum describing: 1) the relevant provisions of CEQA; 2) the proposed project (construction and operational features); and 3) project compliance with CEQA. Forty (40) hours have been allocated to this task, which includes one meeting and preparation and delivery of the following documents: - CEQA exemption form - Technical memorandum providing evidence in support of a CEQA exemption for the project. SCOPE OF WORK 0 2.0 COASTAL DEVELOPMENT PERMIT PCR will assist PENCO Engineering, Inc. with completion of the permit application. For this task, PCR will conduct a site visit and compile and review available published research, maps, surveys, and other documentation on biological and cultural resources for the project site. The results of this effort will be reflected within the permit application and a technical memorandum will be provided for the project file. The estimated level of effort for this task is not expected to exceed eighty (80) hours and will result in the following deliverables: - Coastal Development Permit application for the project. - Technical memorandum on biological and cultural resources presenting the results of the site visit and data review. 3.0 POTHOLING Saf -r -Dig Utility Surveys, Inc. shall provide subsurface utility location services to determine horizontal and vertical positions of underground utilities at various locations not to exceed T. They anticipate three (3) days of potholing with six (6) potholes per day. 4.0 POTHOLING MONITORING A representative of LaBelle - Marvin, Inc. will be present during potholing operations to note encountered conditions and obtain samples of the subgrade for further testing. The fee for each day is included in the revised fee schedule. II. BID SUPPORT A. MEETINGS PENCO Engineering, Inc. will attend the Pre -Bid Meeting and meet with the City, as needed, during the bidding process. B. PREPARE ADDENDA AND PLAN CLARIFICATION SCOPE OF WORK 0 0 PENCO Engineering, Inc. will be available to answer questions from prospective bidders. If necessary, PENCO Engineerin& Inc. has allocated time to assist the City in the preparation of Addenda. PENCO Engineering Ina will provide any appropriate technical services during the construction phase of the project, including but not limited to, consultation, plan interpretation (RFI's), and plan revisions resulting from changed conditions. Such revisions will be completed in a timely manner so as to avoid or minimize construction delays. In the event that plan revisions are required during construction, for other reasons than errors or omissions, they shall be considered extra work and additional compensation will be based on the hourly rates established per this proposal. PENCO Engineering, Ina assumes a total of four (4) meetings or eight (8) hours in our estimate. PENCO will prepare As -Built Drawings based on redlines, to be provided by the contractor, and other information surveyed by PENCO during construction. A. Right -of -Way acquisition; including legal descriptions and exhibits. B. Structural designs. C. Landscaping and irrigation. D. Electrical designs. E. Dry utilities. F. Permit application fees. G. Water and sewer relocation. SCOPE OF WORK COMPENSATION FOR SERVICES BAY AVENUE AREA STREET AND DRAINAGE FOR: IMPROVEMENTS - NEWPORT BEACH, CA JN #: 01116.00 DATE: REVISED 6/1M t A5K 1); VI u PHAS]? PRE.LIMWARY E_'NGINEPRING P Pbt SPE PE SUL DE ST SST PA SPS PS SC2 SUB IOP. HRS. 'ICY]AI, .FEF. C. SITE EVALUATION D. DESIGN SURVEY 2. RECORD DATA CENTERLINE MAP 11 • • ... 1 G. PAVEMENT EVALUATION H. DRAINAGE EVALUATION R�mm�mucno�r.aie awl L 002 PLANS, SPECIFICATIONS &- ESTIMATES A. STREET IMPROVEMENTS (12 SHEETS) P 4 PNI 32 SPE 80 PE SDL DF 180 ST SST PA SPS PS SC2 SUB I F) 1'. 296 TOTAL FEE $30,980 002 B. STORM DRAIN PLANS & HYDRALIC (7 SHEETS) 3 22 34 12 56 109 236 $24,319 002 C. QUANTTIIFS & ESTIMATES 2 8 24 4 38 $3,506 002 D. PROJECT SPECIFICATIONS 4 32 16 52 $5,804 002 E. 60% SUBMITTAL 1 2 8 2 13 $1,243 002 F.90 %SUBMITTAL 1 2 8 2 13 $1,243 002 G. 100% SUBMITTAL 1 2 8 2 13 $1,243 002 H. FINAL SUBMITTAL 1 2 8 2 13 $1,243 002 I.MEETINGS 12 12 8 32 $3,744 TOTALS 7 76 174 12 56 321 24 0 36 0 0 0 706 $73,325 "i ASK DEPT& I3ID SUPl'(lAT P PM 51'11 PE SDP UI! SI' 55'1' PA $I'S L'S SC2 SUES TOT' TOT Al. FEE. PI f ASG IF OMIT & Tor. 'TASK PH: \SF CONSTRUCT(ONSUPPORT P I'm Sill;. PE 9DE OF ST SSE PA SPS PS SC2 SUB tIP5 TOTAL FEE TOTAL $148,893 REIMBURSABLE BUDGET - (PER ATTACHED FEE SCHEDULE) $4,467 GRANDTOTAL $153,360 p {mo,�ot��NTR6heWelp) TASK 1)1i IT& PA fASF. 1 a SURVEY ALIERNAIES A. SURVEY SECTIONS 1 P PM ■■■�■� sPF PP sDC DE s7 ssr PA SPS Ps SC2 - ® © ©■�o�� Sun OT. ICH AL PFL HRS. MONUMENT TIES (22 INTERSEC11ONS) C. REPLACEMENT OF CENTERLINE MONUMENTS (POST CONSTRUCHON) (22 . 000000 ®0000_ till I JUINAL JLh l-L1 1' 1*}9 SIT. I'F SIIF I1P. YI hM13 1'R {'1 I'S ^_44.! YVS HRS. 101 AL l'LL CEQA CATEGORICAL EXEMPTTON (CE) COASTAL DEVELOPhIENT PERMIT POTHOLING (3 DAYS - 6POTHOLES/DAY) TOTALSI 0 I 3 I 7 0 I 0 I 6 I 0 I 0 I 4 I 0 I 0 I 0 1 $27,324 I 20 I 4291, 6. 4 0 E L- Y,v� k 5lT `13' Effective January 1, 2004 through January 1, 2005 PERSONNEL HOURLY RATE Principal $165.00 Senior Project Manager $150.00 Project Manager $140.00 Senior Project Engineer $130.00 Project Engineer $115.00 Senior Design Engineer $100.00 Design Engineer $ 90.00 Associate Engineer $ 80.00 Engineering Technician $ 75.00 Project Assistant $ 75.00 Senior Project Surveyor $130.00 Project Surveyor $110.00 Senior Survey Technician $ 90.00 Survey Technician $ 80.00 3-Man Survey Crew $ 215.00 2 -Man Survey Crew $165.00 2 -Man Survey Crew w/ GPS $ 200.00 REIMBURSABLE COSTS Reproductions; deliveries; travel; meals and lodging; facsimiles, models, renderings and photos; mylars; and diskettes, not included in the scope of work. • All reimbursable costs shall be billed at 15% markup. Mileage shall be billed at $0.42/ mile (office staff only). • All accounts are due net 30 days from the date of invoice. • Outstanding accounts shall be charged 1.0% per month. cue..NYT• as a� RFNCOENGI QCORDI CERTIFICA OF LIABILITY INSU NCE 07101 °m PRODUCER Dealey, Renton & Associates 199 S. Los Robles Ave., Suite 540 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Pasadena, CA 91101 626 - 8443070 INSURERS AFFORDING COVERAGE INSURED INSURER A United States Fidelity & Guaranty Pence Engineering, Inc. 1 Technology Drive, Bldg. J, #725 INSURER e: State Compensation Ins. Fund of CA INSURER C. St. Paul Fire & Marine Ins. Co. Irvine, CA 92718 NSURERD INSURER E. EACH OCCURRENCE (`nVMAGES 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 OF INSURANCE POLICY NUMBER EFFECTIp EXPIRATION LIMBS A GENERAL LIABILITY BK01430898 08101/03 06101104 EACH OCCURRENCE Q,0-00'00-0 FIRE DAMAGE (My Weft) $2000000 X COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $11;,00; CLAIMS MADE NXI OCCUR PERSONAL & ADV INJURY s2.000.000 GENERAL AGGREGATE s4.000.000 GENL AGGREGATE LIM ITAPPLIES PER: PRODUCTS - COMP/OP AGG s4000000 POLICY W LOC A AUTomoaiLE uASIuTY ANY Au`o BKO1430898 08/01/03 08/01104 COMBINED SINGLE LIMIT (Ea eccweN) $2,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTO$ SCHEDULEDAUTOS X BODILY INJURY (Per sxwenl) $ HIRED AUTOS NON- OWNEDAUTOS X PROPERTY DAMAGE (Per eccwenl) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EAACC $ ANY AUTO $ AUTO ONLY: AGO EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ S $ DEDUCTIBLE Is . RETENTION B WORKERS COMPENSATION AND 1745180032 09101103 09/01/04 WCSTATU- oTI+ CRY LIM E.L. EACH ACCIDENT $1,000,000 EMPLOYERS' UABIUTY E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POJCY LIMIT $1,000,000 C �NER Professional QP03800739 07121103 07/21/04 $1,000,000 per claim lability $2,000,000 annl aggr. DESCRIPTION OF OPERA TIOPrA=ATIONSNEHICLESIEIICWSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS The City of Newport Beach, its elected or appointed officers, officials, . employees,agents and volunteers are named as an additional Insured as respects general liability for claims arising from the operations of the named Insured. (See Attached Descriptions) City of Newport Beach, Public Works Dept. Attn: Shari Rooks Public Works Specialist 3300 Newport Blvd. Newport Beach, CA 92658 SHOULD ANYOFTHE ABOVE DESCRIBED POUCIESBE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL3g_ DAVSWRTTEN NOTICETOTHE CERTIFICATE HOLDERNAM ED TOTHE LEFT, 1 of 2 #S1057931M95103 AAF 0 ACORD Policy Number: E Owners Lessees or Contractors (Form B) ADDITIbNAL INSURED Change(s) Effective: 07/01/04 • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance policy under the following: LIABILITY COVERAGE PART: Schedule Name of Person or Organization: City of Newport Beach, Public Works Dept. Attn: Shari Rooks Public Works.$pecialist 3300 Newport Blvd: Newport Beach;: CA 92658 SECTION 11 - WMO:1S AN INSURED is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "youlrwork" for that insured.by or for you. The City of.Newport Beach, its elected or appointed officers, officials, employees,agents and volunteers are named as an additional insured as respects general liability for claims arising from the operations of the named insured. Waiver of Subrogation applies to Workers' Compensation policy. Please see attached endorsement PRIMARY INSURANCE: IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE. SEVERABILITY OF INTEREST:' IT IS AGREED THAT EXCEPT WITH RESPECT TO THE LIMIT OF INSURANCE, THIS COVERAGE SHALL APPLY AS IF EACH ADDITIONAL INSURED WERE THE ONLY INSURED AND SEPARATELY TO EACH INSURED AGAINST WHOM CLAIM IS MADE OR SUIT IS BROUGHT. WAIVER OF SUBROGATION: IT IS UNDERSTOOD AND AGREED THAT THE COMPANY WAIVES THE RIGHT OF SUBROGATION AGAINST THE ABOVE ADDITIONAL INSURED(S), BUT ONLY AS RESPECTS THE JOB OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED HERETO. CL /BF 22 40 03 95 0 0 ZZ4 "7��' cr S cif ITyOFrpw;,0;�, I FM BR& :_;k copy STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0801 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE; 10-00-2003 GROUP: POLICY NUMBER: 1?451OD-2003-2 CERTIFICATE ID: a CERTIFICATE EXPIRES: 09-01-2004 05-01-2003/09-01-2004 CITY OF NEWPORT tliil:i ATTM PUBLIC *ORKS •MFT� 2300 NEWPORT BEACH NEWPORT BRACH ...... p: This is to certify that we have issued . a valid Worker's 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 nct.suWact to, by,,ftFtjnd,6_xcW upon 10 days qjos,to the employer. We will also giVe Ybu'.1 a RO,t..is porlby be qncolladi 16its han* Wiration. Y9 ac"md P 'oet . ..... PVT This certificate of insurance is not an insurance policy and does not amend, extend or after the coverage afforded by the policies listed hafo� NQW,'M any requirement term,o0Mdj0Mofgjq cpfWoq,ftr)documentwfth respect to whictr th ,2 OF =2 �Minu v�anc$ Worded by the policies described herein Is incl•�bridl&nsj of iuch' les; -% YUJI- film ft= RVRESWATIV& PAGS"NT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS; $1,000,000 PER OCCURRENCE- MEW GEORGE ENDORSE JuRIM EXCLOOM - ENDORSEMENT 4�'M ENTITLED WAIVER OF SUBROGATION EFFECTIVE 10 -08 -2003 IS ATTACHED To AND FORKS A PART OF THIS POLICY. THIRD PARTY NAME; CITY OF NEWPORT BEAC11 E&PUYvER PENCO ENGINEERING, INC TSCBMOLMY�DR-STZ.47,25 IRVINE CA 92618 SOF1026M A 01 We MUWW M,q r you sore a fttnjweienQ* M -OFF&CIA& STATE FUND 000UPA6NT' P*SE I OF I 600/700*41 LLL9# 931VIDOSSY I NOINS'd Aariva(i 11LOS1198MT ti00e,8Z'Nr11` . JUL -01 -20044 T�H�UU 09:5117 AM Fax it: 44 FAX N0. I* CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is com rised V requirements as outlined by the City of Newport Date Received: n t. /Contac ed From Date Completed: l Sent t Company/Person required have certificate: P. 01 I. GENERAL LIABILITY A. INSURANCE COMPANY: B. AM BEST RATING (A: VII or greater): C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? Y s No A D. LIMITS (Must be $IM or greater): What is limit provided? E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? KYes b No F. ADDITIONAL,, SUREp WORDING TO INCLUDE (The City its V ofFcers,'fficiall employees and volunteers): Is it included? © Yes No G, PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ,kYes ❑ No H. CAUTION] (Confirm that loss or liability of the named insured is not limited solely by their negiigence) Does endorsement include 'sole* by negligence' wording? ❑ Yes j 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. A. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: B. C. D. f E. F. G. AM BEST RATING (A. VII; ADMITTED COMPANY (Mi Is Company admitted in LIMITS (Must be $1M min. What is limits provided? ADDITIONAWNSURED WORDING TO INCLUDE (The City its ofF�r kofficialDemployees and volunteers): Is It included? ❑ Yes PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haul¢r� g)nly): Is it included? �(j f e ❑Yes NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: B. AM BEST RATING (A: VII or greater): � �'t' C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? �t R ❑ No Lt � ■ 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT e -36,s Agenda Item No. ii June 22, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY FROM: Public Works Department , . William Patapoff, P.E. S i UN ti 1004 949 - 644 -3311 bpatapoff @city.newport- beach.ca.us I APPROVE SUBJECT: BAY AVENUE AREA STREET AND DRAINAGE IMPROVEMENTS - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH PENCO ENGINEERING, INC. FOR DESIGN SERVICES, C -3695 RECOMMENDATION: 1. Approve a Professional Services Agreement with Penco Engineering, Inc. of Irvine, CA, for preliminary and final design services for the Bay Avenue area at a contract price of $175,314 and authorize the Mayor and City Clerk to execute the Agreement. 2. Approve a budget amendment transferring $76,385 from Engineering Services Professional and Technical, account 5100 -8080, to General Fund - Bay Avenue Street and Drainage Improvement, account 7013- C5100759, and $98,929 from Gas Tax — Balboa Island Pavement Improvement, account 7181- C5100645, to Gas Tax - Bay Avenue Street and Drainage Improvements account, 7181 - 05100759. DISCUSSION: The Bay Avenue area from Palm Street to 7th Street (see attached location map) is in need of street and drainage improvements. The grades of the streets are very flat and therefore do not drain to the harbor outlets at the street ends. During the rainy season runoff ponds in the streets and nuisance water stands in the roadways throughout the year. In addition, the streets which were built as the peninsula developed, have cracked and settled to the point where they have been patched a number of times and have been capped to fill in the voids. In order to improve the roadways in the area, the street grades need to be established so that the water flows along the curbs. To accomplish this, drainage facilities need to be extended in the Bay Avenue area. Staff prepared a Request for Proposal asking five qualified engineering firms to perform studies and design services to improve the drainage facilities and provide options to rehabilitate the streets. SUBJECT: Bay Avenue ArMtreet And Drainage Improvements - Approval of sional Services Agreement with ` Penco EngineeWnc. for Design Services June 22, 2004 Page 2 The following three firms responded to the City's Request for Proposal: • Boyle Engineering • Penco Engineering • Van Dell & Associates The proposals were independently reviewed to evaluate each firm's qualifications, past experience on similar projects, and availability before ranking Penco Engineering the highest. Upon selection, staff negotiated with Penco Engineering to provide the necessary scope of services for a fee of $175,314. Penco Engineering has completed engineering services competently and professionally on similar projects in the City of Newport Beach and for other local agencies in Southern California. The scope of engineering professional services will include: • Site evaluation and design survey • Utility coordination and potholing • Pavement evaluation and recommendations • Drainage hydrology and hydraulics with recommendations • Final plans, specifications, and estimates • Construction support and as- builts Funding Availability: Upon approval of the recommended Budget Amendment, sufficient funds will be available in the following account for the project: Account Description Account Number Amount General Fund 7013- C5100759 $76,365 Gas Tax 7181- C5100759 $98,929 Total: $175,314 Environmental Review: Not applicable at this time. Staff will determine what CEQA documentation is required after the preliminary engineering phase. Prepared by: Submitted by: William Patai3ofVPTE. Stephen G. EYadLdn City Engineer Public Works Director Attachment: Professional Services Agreement Location Map Budget Amendment to I z� co 4 D PACIFIC OCEAN g Q� -- - LIMITS OF STREET & DRAINAGE �! IMPROVEMENTS co • CITY OF NEWPORT BEACH BAY AVENUE AREA STREET DATE APRIL 2004 PUBLIC WORKS DEPARTMENT AND DRAINAGE IMPROVEMENTS DRAWN TP C,3695 SCALE 1" = 120 PROFESSIONAL SERVICES AGREEMENT WITH PENCO ENGINEERING, INC., FOR BAY AVENUE AREA STREET AND DRAINAGE IMPROVEMENTS CONTRACT NO. 3695 THIS AGREEMENT is made and entered into as of this _ day of , 2004, by and between the CITY OF. NEWPORT BEACH, a Municipal Corporation ( "City"), and PENCO ENGINEERING, INC, a corporation whose address is One Technology Park, Building J -725, Irvine, California, 92618 ( "Consultant "), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to cant' on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to improve the streets and drainage in the Bay Avenue area from Palm Avenue to 7th Street. C. City desires to engage Consultant to design the streets and drainage system in the Bay Avenue area from Palm Avenue to 7a' Street as described in Exhibit A, scope of work ( "Project"). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project shall be George A. Jurica, P.E. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth 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 above written date, and shall terminate on the 30th of June, 2006, unless terminated earlier as set forth herein. 9 0 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. In no event shall Consultant's compensation exceed One Hundred Seventy-five Thousand, Three Hundred Fourteen and 001100 Dollars ($175,314.00) without additional authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any 2 0 • reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and/or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Carlos A. Pineda, P.E. to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. L1 3 0 • 9 6. ADMINISTRATION i This Agreement will be administered by the Public Works Department. William Patapoff, P.E. shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. E 0 0 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to fumish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents 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, attorney's 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 work negligently performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and /or design defects [if the design originated with Consultant]) or Consultant's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, 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 Consultant to indemnify the Indemnified Parties from any Claim arising from the active negligence or willful 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 Agreement. 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. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right . 5 • i . to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and/or his /her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 0 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. 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 A 0 • Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant 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 for all of the subcontractors employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, . contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, 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 occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: 9 FA • • L The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. 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. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other • disposition of any of the issued and outstanding capital stock of Consultant, or of M • • the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint - venture or syndicate or cotenancy, which shall result in changing the control of Consultant. 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. 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. The subconsultants authorized by City to perform work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course .of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived 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. All improvement and/or construction plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with a minimum thickness of three mils. Consultant shall provide to City 'As- Built' drawings, and a copy of digital ACAD and tiff image files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, 0 0 0 a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for 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 original drawings shall be submitted to City in the version of AutoCAD used by City . in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 20. 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. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. IN 22. 23. 24. 25. 26. 0 • 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 and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. 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 to Consultant under this Agreement. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. CONFLICTS OF INTEREST The 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 any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such 11 0 persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 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 immediate 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. 27. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Consultant and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Bill Patapoff, City Engineer Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Phone: 949 - 644 -3311 Fax: 949 - 644 -3308 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Carlos A. Pineda, P.E. Penco Engineering, Inc. One Technology Park Building J -725 Irvine, CA 92618 Phone: 949 - 753 -8111 Fax: 949 - 753 -0775 28. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps 12 29. 30. 31. 32. 33. • necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 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. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 0 13 s 0 • • 34. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 35. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 36. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: Assistant City Attorney for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: Mayor for the City of Newport Beach CONSULTANT: By: George A. Jurica President and Principal Penco Engineering, Inc. Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates f: lusers5obwlsharedlagreementslfy 03- 04hpenoo -bay avenue improvements.doc IM, EkKtFs�T � PROPOSAL FOR PROFESSIONAL ENGINEERING SERVICES - BAY AVENUE AREA STREET AND DRAINAGE IMPROVEMENTS FROM 7TH STREET TO PALM AVENUE REVISED SCOPE OF WORK lL:: PRELIMINARY: ElNGINTEERIN�G A. KICK -OFF MEETING PENCO Engineering, Inc. will schedule a Kick -off Meeting with the City representatives. This meeting will serve to: 1.0 Develop the basic working relationship between the City, County, utility agencies and other agencies involved in the project by discussing responsibilities and proper lines of communication. 2.0 Discuss the project requirements, scope of work and project approach. 3.0 Establish a schedule and time and place of the future Project Team Meetings B. RESEARCH AND REVIEW OF AVAILABLE DATA PENCO Engineering, Inc. will research and obtain City records and documents including, but not limited to, existing improvement plans, topographic data maps, "As- Built" drawings, utility plans, geotechnical reports, studies and other pertinent information. The Project Team will review this information prior to beginning surveys and preliminary design. C. SITE EVALUATION Perform visual field inspection of the street to determine areas of structural damage of existing AC and PCC pavement, curb, gutter, driveways, and sidewalk. Identify street sections that exhibit structural damage and establish the areas that need overlay and areas that need total replacement. In addition, PERTCO Engineering, Ina will evaluate existing access ramps and driveways for compliance with ADA requirements. PENCO Engineering, Inc. will also identify potential drainage problems and possible feasible locations for proposed catch basin inlets for the proposed storm drain system. SCOPE OF WORK 0 17J • 0 0 D. DESIGN SURVEY PENCO Engineering, Inc. will provide the Design Surveys, including topography and cross sections, for this project. The survey for the project will be certified by a licensed surveyor and consist of the following: 1.0 Establish horizontal and vertical survey and construction control for the complete length of the project. 2.0 Perform field survey for the removal and replacement of existing pavement and /or for the placement of overlays, for the construction or replacement of the existing handicap access ramps and driveways, and construction of new curb, gutter and sidewalk. Work may include, but not be limited to: 2.1 Cross section elevations taken at 50 ft. intervals. The sections will follow this format: property line / right - of -way, top of curb, flow line, edge of pavement, striping lane lines, finish surface at the centerline. 12 Locate topography and take cross sections to adequately show the condition of the project site prior to construction. We will reduce the data to a form showing centerline station, offset from centerline, and elevation. In areas where widening is proposed, the topographic survey will extend beyond the right -of- way in the following manner: 50 ft. for side streets and 300 ft. at major intersections. 2.3 Locate visible existing improvements within the street right -of -way. 2.4 Provide 0.5 ft contours. 2.5 Provide additional elevations to design drainage facilities. 2.6 As an optional task, we have added additional survey to provide 25' sections instead of 50' sections. This would help in the preparation of the drainage study. 3.0 PENCO 'Engineering, Inc. will sign, date and submit all original survey notes to the City within 15 working days after the completion of the survey SCOPE OF WORK 0 • E. UTILITY COORDINATION 0 PENCO Engineering, Inc. will coordinate with the utility agencies throughout the design phase. If the proposed improvements interfere with existing utilities, we will arrange to have potholes taken by the utility company, if this can be accomplished in a timely manner. Otherwise, any needed potholing will be performed under a potholing allowance provided in this agreement as an optional item. PENCO Engineering, Inc. will secure permits, if needed, from utility companies for the. design and construction of the project. At this time, we do not anticipate the need to secure additional right -of -way. F. BASE SHEETS PENCO Engineering, Inc. will prepare Base Sheets utilizing the design survey, utility search data and existing street improvement plans for the project. These Base Sheets will be utilized for the preliminary design of the street widening and pavement rehabilitation / traffic signal modifications and signing and striping plans. The plans will be prepared at a 1 " =20' scale for both the street and storm drain improvements. G. PAVEMENT EVALUATION PENCO Engineering, Inc. will work with the firm of LaBelle - Marvin to prepare a pavement evaluation and recommendations for the proposed Bay Avenue Area. Based on discussions to date, pavement thickness, aggregate base thickness and subgrade conditions, subgrade sampling, etc. will be accomplished through a combination of sampling and measurements during scheduled potholing operations, supplemented with pavement core sampling and subsurface boring. Similarly, a reasonable uniformity of conditions is anticipated which may limit the number of subgrade R -value tests. Pavement core sampling will be scheduled and performed following completion of all utility potholing. All data developed during the potholing operation will be reviewed prior to sighting the core and bore locations. A budget of ten (10) additional test sites is proposed. Engineering analysis to provide design recommendations regarding pavement structural sections and rehabilitation measures will be provided along with cost considerations for each alternative. 0 SCOPE OF WORK 0 0 i1.0 Coring and Boring Coring and boring will be performed at ten (10) locations based on locations of potholing to determine the thickness of the existing structural section. Borings will be extended a maximum depth of four (4) feet from the surface to obtain samples of the subgrade. Samples will be placed in plastic bags, sealed, and transported to the laboratory for further analysis. Prior to leaving the site, all sample locations will be backfilled ' and patched. LaBelle - Marvin, Inc. shall provide traffic control adequate to protect the traveling public and work force. H. DRAINAGE EVALUATION PENCO Engineering, Ina will utilize survey information, as -built plans, and other existing available information to conduct a 10 -year hydrology study of the project area. The study will be prepared in full compliance with the City and the County of Orange's Hydrology Manual Standards. The proposed improvements will be quantified and construction cost estimates will be provided to facilitate City decisions as to the scope of the construction. We anticipate meeting with the City of Newport Beach one (1) time to present the results of the study. rEANS; SPECUICAT10,24s � 55 1v s;. A. STREET AND DRAINAGE IMPROVEMENT PLANS Based on the City's selected alternatives for pavement rehabilitation and drainage, PENCO Engineering, Inc will provide construction drawings at a scale of 1 " =20' and 1 " =10' for details. The street plans will be prepared in full conformance with the City of Newport Beach Standards. The proposed street and drainage improvement plans will provide the following improvements: 1.0 Street Improvement and Rehabilitation Plans - PENCO Engineering, Inc. will prepare plan and profile sheets for the proposed street improvements and rehabilitation work. The plans will be prepared at a scale of 1 " =20' horizontal scale and 1 " =2' vertical scale. The plans will show the areas that need overlay or reconstruction. The plans will show all removals, new asphalt concrete pavement, and new and 0 existing curb and gutter and sidewalk. The street SCOPE OF WORK 0 0 improvement plans will also show the reconstruction of access ramps and driveways to City Standards. The plans will also show every utility valve cover and or manhole or vault that needs to be adjusted to grade and or protected in place. We anticipate twelve (12) sheets, including title sheet and two (2) detail and cross - section sheets. 2.0 Storm Drain Plans - PENCO Engineering, Inc. will prepare plan and profile sheets for the proposed drainage improvements for this area. The plans will be prepared at a scale of 1 " =20' (horizontal) and 1 " =2' (vertical). The plans will show the proposed catch basin locations for the proposed storm drain, utility crossings, etc. We anticipate a total of seven (7) sheets, including two (2) detail sheets. This assumes storm drain along West Bay and three (3) intersecting streets leading to existing catch basin and not affecting existing outlets to the ocean. B. QUANTITY CALCULATIONS AND ESTIMATES PENCO Engineering, Inc. will submit quantities and construction cost estimates with every submittal to the City. PENCO Engineering, Inc. will compare the construction cost estimates against the budgets provided by each City. Any overages will be brought to the City's attention immediately and recommendations will be presented for cost reduction. A final estimate will be provided to the City once the plans are approved and for comparison with the Bids. C. PREPARE PROJECT SPECIFICATIONS Prepare general and special provisions for the project to conform to the City's standard template documents, including quantities, proposals, and engineer's estimates. Prepare bid schedule. Utilize City's general provision and bid forms to finalize a complete bid package. D. 60% DESIGN REVIEW We shall submit preliminary title sheet, base plan and profile sheets, drainage improvement sheets, sketches of details and sections, and preliminary quantities and cost estimates. i SCOPE OF WORK n �.J i • E. 90% DESIGN REVIEW We shall submit plans, specifications, and quantities and cost estimates at the 90% level. All 60% design review comments shall be addressed at this time. F. 100% DESIGN REVIEW We shall submit final plans, completed specifications, and final quantities and cost estimates. All 90% design review comments will be addressed at this time. G. FINAL APPROVAL REVIEW We shall submit final plans, specifications, and revised final quantities and cost estimates. All 100% design review comments will be addressed at this time. H. MEETINGS To ensure understanding of the contract objectives and proper coordination between the team, meetings between the City and PENCO Engineering, Inc. will be held as specified in the Request for Proposal: a meeting for each of the submittals, 60 %, 90 %, and 100% completion. Our proposal estimates eight (8) meetings during this phase of the project. All project objectives, our work schedule, the terms of the contract, and any other related issues will be discussed and any technical problems resolved at the meetings. We will, at or before our meetings, supply four (or more if needed) copies of all completed reports, studies, plans, specifications, and estimates, which are ready for submittal. We will update the project schedule using Microsoft Project format and submit it to the City for approval. The Progress Reports shall be submitted at monthly intervals, indicating progress achieved during the reporting period in relation to the progress scheduled. We will provide the Project Manager with a copy of a Progress Report on a monthly basis or at least two working days before a scheduled, meeting. SCOPE OF WORT: I. 0 OPTIONAL ITEMS NOT REFERENCED IN ORIGINAL SCOPE • SURVEY ALTERNATES 1.0 SURVEY SECTIONS AT 25' INTERVALS Cross section elevations taken at 25 ft. intervals (22 intersections). The sections will follow this format: property line / right -of -way, top of curb, flow line, edge of pavement, striping lane lines, finish surface at the centerline. 2.0 MONUMENT PERPETUATION (PRE- CONSTRUCTION) Consultant shall set reference tie points in curbs and walks to be able to re -set any existing center line monuments that may be damaged or destroyed during construction activity (22 intersections). 3.0 MONUMENT REPLACEMENT Consultant shall re -set any damaged or destroyed centerline monuments after the street re- construction process is completed. Said center line points shall be re -set by means of the center line ties. Consultant shall file a "corner record" certificate with the County Surveyor's Office in conformance with the "Land Surveyor's Act." OPTIONAL SERVICES 1.0 CEQA CATEGORICAL EXEMPTION We understand that the project may qualify for a CIass 1 exemption under the California Environmental Quality Act (CEQA) provisions for categorical exemptions. PCR shall prepare the exemption form and will prepare a technical memorandum describing: 1) the relevant provisions of CEQA; 2) the proposed project (construction and operational features); and 3) project compliance with CEQA. Forty (40) hours have been allocated to this task, which includes one meeting and preparation and delivery of the following documents: - CEQA exemption form - Technical memorandum providing evidence in support of a CEQA exemption for the project. SCOPE OF WORK Ll 0 0 Ci M 2.0 COASTAL DEVELOPMENT PERMIT PCR will assist PENCO Engineering, Inc. with completion of the permit application. For this task, PCR will conduct a site visit and compile and review available published research, maps, surveys, and other documentation on biological and cultural resources for the project site. The results of this effort will be reflected within the permit application and a technical memorandum will be provided for the project file. The estimated level of effort for this task is not expected to exceed eighty (80) hours and will result in the following deliverables: - Coastal Development Permit application for the project. - Technical memorandum on biological and cultural resources presenting the results of the site visit and data review. 3.0 POTHOLING Saf -r -Dig Utility Surveys, Inc. shall provide subsurface utility location services to determine horizontal and vertical positions of underground utilities at various Iocations not to exceed 7. They anticipate three (3) days of potholing with six (6) potholes per day. 4.0 POTHOLING MONITORING A representative of LaBelle - Marvin, Inc. will be present during potholing operations to note encountered conditions and obtain samples of the subgrade for further testing. The fee for each day is. included in the revised fee schedule. A. MEETINGS PENCO Engineering, Inc. will attend the Pre -Bid Meeting and meet with, the City, as needed, during the bidding process. B. PREPARE ADDENDA AND PLAN CLARIFICATION SCOPE OF WORK i PENCO Engineering, Inc. will be available to answer questions from prospective bidders. If necessary, PENCO Engineering, Inc. has allocated time to assist the City in the preparation of Addenda. N:: CONSTRUCTIONS PENCO Engineering, Inc. will provide any appropriate technical services during the construction phase of the project, including but not limited to, consultation, plan interpretation (BFI's), and plan revisions resulting from changed conditions. Such revisions will be completed in a timely manner so as to avoid or minimize construction delays. In the event that plan revisions are required during construction, for other reasons than errors or omissions, they shall be considered extra work and additional compensation will be based on the hourly rates established per this proposal. PENCO Engineering, Inc. assumes a total of four (4) meetings or eight (8) hours in our estimate. PENCO will prepare As -Built Drawings based on redlines, to be provided by the contractor, and other information surveyed by PENCO during construction. gm@l�� A. Right -of -Way acquisition; including legal descriptions and exhibits. B. Structural designs. C. Landscaping and irrigation. D. Electrical designs. E. Dry utilities. F. Permit application fees. G. Water and sewer relocation. 0 SCOPE OF WORK 0 i COMPENSATION FOR SERVICES BAY AVENUE AREA STREET AND DRAINAGE• FOR: IMPROVEMENTS- NEWPORT BEACH, CA JN #: 01116.00 DATE: REVISED 6/1104 'i'ASTC I$- le�5ti ' }121iI1h11NARV 6KGINt PItIN(i 31 I' IN, SI'C PE , SUIT, [it Si SSI t A �� gris q PS 5C� 5UB i HRS TOTAL FEE. �� ©m��� ®� II • • ����■�ammo���� ©■� MEMEM p»oala�f�xro1 %�ea.d�M„1 9 0 'TASK i hNASE HID SUITOR "I :� I' PM SIT: PI SF1F' U6 qi SS'1 PA BPS i� PS 9d SUB If SRS. 13. PREPARE ADDENDA & CLARIFICATION Fj TOTALSI 0 I 8 I 16 10 I 0 I 0 I 0 I 0 I G I 0 I 0 I 0 I 30 I $3,5621 002 A. MEETINGS 8 8 2 002 B. RFI'SCLAR4FICATIONS 2 32 6 • 002 C. AS -BUILT DRAWINGS 2 8 24 2 TOTALS 0 12 48 0 0 24 D 0 10 0 0 777su,0,5768 TOTAL $148,693 REIMBURSABLE BUDGET -(PER ATTACHED FEE SCHEDULE) $4,467 GRAND TOTAL $153,360 a \ma \aus.oa,� ir A. SPREEI IMPROVEMEN7S(12SHEMS) 4 32 '80 PE 180 296 $30,980 002 002 0. STORM DRAIN PLANS & HYDRALIC (7 SHEETS) 3 22 34 12 56 109 236 $2019 002 C. QUANTITIES & ESTIMATES 2 8 24 4 38 $3,506 002 D. PROIECTSPECIPICATIONS 4 32 16 52 $5,804 002 F. 60% SUBMITTAL 1 2 8 2 13 $1,243 002 F. 99% SUBMITTAL 1 2 8 2 13 $1,243 002 G. 100% SUBMITTAL 1 2 8 2 13 $1,243 002 H. PINALSUBMITTAL 1 2 8 2 13 $1,243 002 I.MEETTNGS 12 12 8 32 $3,744 TOTALS 7 76 174 12 5G 321 24 0 36 0 0 0 706 $73,325 'TASK i hNASE HID SUITOR "I :� I' PM SIT: PI SF1F' U6 qi SS'1 PA BPS i� PS 9d SUB If SRS. 13. PREPARE ADDENDA & CLARIFICATION Fj TOTALSI 0 I 8 I 16 10 I 0 I 0 I 0 I 0 I G I 0 I 0 I 0 I 30 I $3,5621 002 A. MEETINGS 8 8 2 002 B. RFI'SCLAR4FICATIONS 2 32 6 • 002 C. AS -BUILT DRAWINGS 2 8 24 2 TOTALS 0 12 48 0 0 24 D 0 10 0 0 777su,0,5768 TOTAL $148,693 REIMBURSABLE BUDGET -(PER ATTACHED FEE SCHEDULE) $4,467 GRAND TOTAL $153,360 a \ma \aus.oa,� 0 1 0 A. SURVEY SECTIONS AT 25'INTERVALS 32 4 2 40 78 - -$916n B. PRECONSPRUCTION CENTERLINE MONUMENT TIES (22 INTERSECTIONS) 28 28 $4,620 C. REPLACEMENT OF CENTERLINE MONUMENTS (POST CONSTRUCTION) (22 3 4 16 23 $3,210 INTERSECTIONS) TOTALS 0 1 0 1 0 1 0 0 0 32 7 6 0 0 84 ]2g - $14,3pp. C! + 7,1$ aO I ASI< •i PHASE' (1P ITUN, \L 5$tLVICf S. PYi S till PL .i SIJI'; of tiY 59T r rA 14h9 P5 ' 5C2) 5U13 TUtALf'EE I R \>WI \•11[W \F FFNu1dN1 CI6 -a-h)> 70-rplk. -� 4' 175 13.}A- J T— V 1.3 1ej�> 7 -r < T--�' r Effective January 1, 2004 through January 1, 2005 PERSONNEL HOURLY RATE Principal $165.00 Senior Project Manager $150.00 Project Manager $140.00 Senior Project Engineer $130.00 Project Engineer $115.00 Senior Design Engineer $100.00 Design Engineer $ 90.00 Associate Engineer $ 80.00 Engineering Technician $ 75.00 Project Assistant $ 75.00 Senior Project Surveyor $130.00 Project Surveyor $110.00 Senior Survey Technician $ 90.00 Survey Technician $ KOO 3 -Man Survey Crew $ 215.00 2 -Man Survey Crew $165.00 2 -Man Survey Crew w/ GPS $ 200.00 REIMBURSABLE COSTS Reproductions; deliveries; travel; meals and lodging; facsimiles; models, renderings and photos; mylars; and diskettes, not included in the scope of work. • All reimbursable costs shall be billed at 15% markup. Mileage shall be billed at $0.42 /mile (office staff only). • All accounts are due net 30 days from the date of invoice.. • Outstanding accounts shall be charged 1.0% per month. 0 0 F- ]I L `ty of Newport E3eaCe, NO. BA- 04BA -073 BUDGET AMENDMENT 2003 -04 AMOUNT: $775,314.00 ECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance X Transfer Budget Appropriations PX No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To transfer expenditure appropriations for the Bay Avenue Street and Drainage Improvement Project, C -3695. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account WNUE ESTIMATES (3601) Fund/Division Account EXPENDITURE APPROPRIATIONS (3603) Division Number Account Number Division Number Account Number Division Number Account Number Division Account Signed: d: Signed: Number Number Administrative Description Description Description 5100 Public Works - Engineering 8080 Services - Professional & Technical Amount Debit Credit $76,385.00 7013 General Fund - Street C5100759 Bay Ave Street & Drainage Improvement 7181 Gas Tax C5100645 Balboa Island Pavement Improvement $98,929.00 7181 Gas Tax C5100759 Bay Ave Street & Drainage Improvement oval: Administrate a Services Director i 1 Appydval: City Manager City Council Approval: City Clerk $76,385.00 $98,929.00 Date �F p Date Ofty of Newport Bead NO. BA- 04BA -073 It BUDGET AMENDMENT 2003 -04 AMOUNT: $175,314.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance rx I Transfer Budget Appropriations PX No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To transfer expenditure appropriations for the Bay Avenue Street and Drainage Improvement Project, C -3695. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Description Description Amount Debit Credit Division Number 5100 Public Works - Engineering Account Number 8080 Services - Professional & Technical $76,385.00 Division Number 7013 General Fund - Street Account Number C5100759 Bay Ave Street & Drainage Improvement Division Number 7181 Gas Tax Account Number C5100645 Balboa Island Pavement Improvement $98,929.00 Division Number 7181 Gas Tax Account Number C5100759 Bay Ave Street & Drainage Improvement Signed: Signed: Signed: Services Director City Council Approval: City Clerk $76,385.00 $98,929.00 G -�W-o Date G D Di Date