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HomeMy WebLinkAboutC-3785 - PSA - Jamboree Road Street Rehabilitations from University Drive to Bristol Street and from San Joaquin Hills Road to Ford Road (project construction SJHR to Ford Road - C-3826)CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC August 22, 2007 R.J. Noble Company 15505 E. Lincoln Avenue Orange, CA 92865 Subject: Jamboree Road Rehabilitation from University Drive to South Bristol Street (C -3785) To Whom It May Concern: On August 22, 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 Labor & Materials Bond was released on September 29, 2006. The Surety for the contract is Travelers Casualty and Surety Company of America, and the bond number is 104633580. Enclosed is the Faithful Performance Bond. Sincerely, LaVonne M. Harkless, MMC City Clerk cc: Public Works Department Andy Tran enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us ,,. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT iy+,.1, nr.u�a �7ur ■a.r sr r..rs.■cs.r.>t� ■ � �E-tti.i� -i� �x�� CQ.NTRACT NO. 3785 EXECUTED IN FOUR COIUNTERPARTS BOND NO.'10463WBO FAITHFUL PERFORNIANM BOND The premium charges on this Bond is $ 5,285.00 being at the rate of S 6.70/4.70 thousand of the Co=ct prtae. WHEREAS, the City Council of the City of Newport Beach. State of California, by motion adopted, awarded to R. J. Noble Company, hereinafter designated as the Trindfpar, a oontraot for construction of JAMBOREE ROAD REHABJUTA71ON FROM UNIVERSITY DRIVE TO SOUTH BRISTOL STREET, Contract No_ 3765 in the City of Newport Damoh, 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 tncoMorated herein by this rsference. WHEREAS, Principal has executed or is about to execute Contract No. 3786 and the terms thereof require the fumiehing of a Bond tot the faithful partonnarm of the Contract; NOW. 'THEREFORE, we, the Prinolpal, and TI4AVB4E 5 WtIA -LTY AND SURETY Cf T��t� OF AMDR12N duly authonted to transact business under the )awe of the State of Calitomla es Surely (hereinafter `Surety'), are held and firmly bound unto the City of Newport Beach, In the sum of Nine Hundred Sloven Thousand, Six Hundred Sixty-Nine and 5111100 Dollars ($911,669.SD) lawful money of the United Status of America, said sum being equal to 100% of the esthated amount of the Contract, to be paid to the City of Newport Beach, Its successors, and assigns; for which payment wall and truly to be made, we bind ourselves, our heirs, executors and adminletrators, successors, or assigns, jointly and severally, firmly by thew present, THE CONDITION OF THIS OBLIGATION IS SUCH, that If the Principal or the Principal's hetra, executors, administrators, successors, or aaalgn% 1611 to abide by, and well and truly keep and ptWorm any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration tht roof 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 falls to Indemnity, defend, and save harmless the City of Newport Beach. Its officers, employees and agents, as therein stipulated, then. Surety will faithfully pad= the same. In an amount not exceeding the sum specified In this Bond; otherwise this obligation shall become null and void, M Zoo /zoo@I A138nS ONOIS 6LZL£1?£Lg6 XH3 £Z I soot /eLlto As a part of the obligation secured h by, and in addition to the face. amount specified in this Performance Bond, there shall be I Iluded costs and reasonable expenses and fees, including reasonable attomeys 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 Crntract or to the work to be performed thereunder or to the specifications accompanying the sam shall in any way affect its obligations on this Bond. and it does hereby waive notice of any such hange, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall The extended and maintained by the Principal in full force and effect for one (1) year following the Oate of formal acceptance of the Project by the City. In the event that the Principal execu d this bond as an individual, it is agreed that the death of any such Principal shall not exonerat6the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrudnent has been duly executed by the Principal and Surety above named, on the 7th day of APRIL 2006. R.J. NOBLE COMPANY (Principal) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Name of Surety 21688 GATEWAY CENTER DR. DIAMOND BAR, CA 91765 Address of Surety (909) 612 -3000 Telephone 162 prized Signature/Title MI EtM J. CARVER, PRESIDENT Au sized Agent nature MICHAEL D. STONG, ATTORNEY -IN -FACT Print Name and Title CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On APRIL 7, 2006 DATE personally appeared MICHAEL J before me, JENNIFER DE IONGH, NOTARY PUBLIC NAME, TITLE OF OFFICER - E.G.. 'JANE DOE, NOTARY PUBLIC' CARVER, PRESIDENT, R.J. NOBLE COMPANY No. 5907 NAME(S) OF SIGNER(S) L] personally known to me - OR rl pFeveel to Fae eR the basis of satisfactory evidence to be the person) whose name(g) is/we subscribed to the within instrument and ac- knowledged to me that he/she hey executed the same in his /fir authorized capacity(ies), and that by his /heHthe;T- JENNIFER IONGH NOTARY PU6LIC- CAUrORNtA signatures on the instrument the person(s}, °OORANGE is 000NTY or the entity upon behalf of which the any Comm.Fxp.00pp�28,2007 personN acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this farm. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ®1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7164 • Canoga Park, CA 913097184 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of RIVERSIDE I SS. On q 4a , before me, R. CISNE_ROS DatEl Name and The of Officer le.g..'Jane Doe. Notary Pubic') personally appeared MICHAEL D. STONG R. CISNEROS COMM. #1488731 q NOTARIVERSIDE COUNTYRNIA M COMM. Ez fires Jur>e T, 2008 Name(s) of Signer(e) ® personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person whose nameX. is /y6< subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /hef*teir authorized capacity(iee), and that by his /herH}te+r signature( on the instrument the personke'j, or the entity upon behalf of which the person(K acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above SignaWre of war, Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual O Corporate Officer— Title(s): ❑ Partner —0 Limited ❑ General ❑ Attorney in Fad ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMaPRINT OF SIGNER' M-1 0 1999 National Nmary Aeattialip- 9350 Da S9W Ave.. P.O. Ilea 2402 -CMU 94. CA 9131324D2• w -w.UIR InOlary.9rg P.W. N, 507 Rl.ml; Call T916Fre4 b900.aT6�i921 C"Y OF NS IMPORT BRACH PUBLIC WORKS DEPARTMENT _• • r M1 0111412 • u. i ij y w. • • ..F • IL _. CD TN RACT NO.3T8s EXECUTED iN FOUR COIUNTERPARTS 13014D NO. 104633580 rAITHFUL PEREORMANCI: BOND The premium charges on thus Band is $ 5,285.00 being at the rata of $ 6.70/4.70 thousand of the Contract price, WHEREAS, the City Council of the City of Newport Beach, State of Callfomle, by mollon adopted, awarded to X J. Noble Companw, hereinafter designated as the `Ptinoipat, a contract for oonstructlen of JAMBOREE ROAD REHABILITATION FROM UNIVERSITY DRIVE TO SOUTH BRISTOL STREET, Cotirtmat No. 3785 in the City of Newport Beach, In strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Woncs Department of the City of Newport Beach, at of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No, 3785 and the terms thereof require the fumishing of a Bond forthe faithful performance of the Contract; NOW, THEREFORE, we, the Principal. and TRAVELFFS GASLIALTY AND SIJR 3Y COMPANY OF AMERICA duly authorted to transact business under the tawa of the State of Catfomis as Surety (hereinafter 'Surety), ara held and firmly bound unto the City of Newport reach, In the sum of Nina Hundred Eleven Thousand, Sbc Hundred 9itc"Ine and ii `190 Dollars ($9110940) lawful money of the UMW States of America, sold sum being equal to 1t1t% of the estimated amount of the Contract, to be paid to the Olty of Newport Beach. is successors, and assigns; for which payment wen and truly to be made, we bind oLnolves, our h®r7s, executors and administrators. successor,, or assigns. Jointly and severally, firmly by these Present THE CONDITION OF THIS OBLIGATION iS SUCH, that If the Princlpol, or the Principal's heirs, executors, administrators, sucoessors, or assigns, fat to abide by, and well and truly keep and perform any or all the work coverarna, conditions, end agreemerris In the Contract DocumaMs and any alteration thereof made as therein provided on Its part, to be kept end performed at the time and In the manner therein specified, and In all respects according to h true intent end meaning, or falls 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 oxceedng the sum specified In this Bona; otherwise this obligation shat become nub and Wld. $1 400 /Z 00(PJ A138nS BNOLS £LZL£D£LS£ RVA £Z;rl 8004 /81/00 0 • As a part of the obligation secured hereby, and in addition to the face- amount specified in this Performance Bond, there shall be indluded 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 samc shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such hange, extension of time, alterations or additions of the Contract or to the work or to the specificat ons. This Faithful Performance Bond shall The 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 execu d this bond as an individual, it is agreed that the death of any such Princlpal shall not exoneratithe Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrurhent has been duly executed by the Principal and Surety abovenamed, on the 7th day of APRIL 2006. R.J. NOBLE COMPANY (Principal) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Name of Surety 21688 GATEWAY CENTER DR. DIAMOND BAR, CA 91765 Address of Surety (909) 612 -3000 Telephone ,62 orized Signature,/Title MI WL J. CARVER, PRESIDENT Au ized A enll nature MICHAEL D. STONG, ATTORNEY -IN -FACT Print Name and Title CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State Of CALIFORNIA County of ORANGE On APRIL 7, 2006 DATE before me, JENNIFER DE IONGH, NOTARY PUBLIC NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC" personally appeared MICHAEL J. CARVER, PRESIDENT, R.J. NOBLE COMPANY NAME(S) OF SIGNER(S) personally known to me - basis of satisfactory evidence to be the personV) whose name() is /afe subscribed to the within instrument and ac- knowledged to me that he /919eAhe executed the same in his/�ir authorized capacity(ies), and that by his /`TrcTiihef- JENNIFEROEIONCxH signature -(� on the instrument the person(S} NOTARY PUBLIC- CALIFORNIA L. , �- COMMISSION # 1448237 S ORANGE COUNTY or the entity upon behalf of which the j Comm.E><.Ocrober28,2o07 personN acted, executed the instrument. No. 5907 WITNESS my hand and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ®1993 NATIONAL NOTARY ASSOCIATION • 8236 Re t Ave., P.O. Box 7104 • Canoga Park, CA 91309-7184 • s CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California SS. County of RIVERSIDE On l l0 before me, R. CISNEROS D.tJ Name am Title at offimr (e.g., `Jane Doe. Notary Public') personally appeared MICHAEL D. STONG R. CISNEROS COMM. #1488731 NOTARY PUBLIC - CALIFORNIA RIVERSIDE COUNTY 91MX Comm. Expires June 7, 2008 ® personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personf,Bj' whose name is /girl subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his /hef4oeitr authorized capacity(ie*, and that by his /hefA4e# signature( on the instrument the personJ,B•); or the entity upon behalf of which the person(K acted, executed the instrument. WITNESS my hand and official seal. Poece Notary Seal Above � Signature o7 Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Assoualbn • 8350 Do Solo Ave.. P.D. Bor 2402 • Ctolawo4h. GA 91313 24112 • w ,nalionalnolaryoy Pmd: No. 5907 aeDmar: Coo Toll-Rao I4l00 676 6 • i CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harldess, MMC September 29, 2006 R.J. Noble Company 15505 E. Lincoln Avenue Orange, CA 92865 Subject: Jamboree Road Rehabilitation from University Drive to South Bristol Street (C -3785) To Whom It May Concern: On August 22, 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 August 25, 2006, Reference No. 2006000570497. The Surety for the contract is Travelers Casualty and Surety Company of America, and the bond number is 104633580. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaV a ess, MMC 1111 City Clerk cc: Public Works Department R. Gunther, P.E. encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us `0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION FROM UNIVERSITY DRIVE TO SOUTH BRISTOL STREET CONTRACT NO. 3785 EXECUTED IN FOUR COIUNTERPARTS BOND NO. 104633580 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to R. J. Noble Company, hereinafter designated as the "Principal," a contract for construction of JAMBOREE ROAD REHABILITATION FROM UNIVERSITY DRIVE TO SOUTH BRISTOL STREET, Contract No. 3785 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. 3785 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, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA 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 Nine Hundred Eleven Thousand, Six Hundred Sixty-Nine and 50/100 Dollars ($911,669.50) 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. 59 The Bond shall inure to the benefit any and all persons, companies, and corporations entitled to file claims under Section 3181 of tt a California Civil Code so as to give a right of action to them or their assigns in any suit brought u on 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, hereb 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 acoompanyino 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 thelwork or to the specifications. In the event that any principal abo named executed this Bond as an individual, it is agreed that the death of any such principal hall 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 7th dayof APRIL '2006. R.J. NOBLE COMPANY (Principal) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Name of Surety 21688 GATEWAY CENTER DR. DIAMOND BAR, CA 91765 Address of Surety (909) 612 -3000 Telephone i� orized Signature/Tit MTCX J. r PRESIDENT A ulhcrd AgonLVnaiture MICHAEL D. STONG, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED :dt1 CALIFORNIA ALL- PURPOS .CKNOWLEDGMENT State Of CALIFORNIA County of ORANGE On APRIL 7, 2006 DATE personally appeared MICHAEL J before me, JENNIFER DE IONGH, NOTARY PUBLIC NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBUC' CARVER, PRESIDENT, R.J. NOBLE COMPANY W. 5907 NAME(S) OF MONER(9) L7 personally known to me - OR El pFeved te Fne en the basis of satisfactory evidence to be the personV) whose name(o) isMfe subscribed to the within instrument and ac- knowledged to me that hefsheAh" executed the same in hislherfthtir- authorized ER DE IONGH capacity(ies), and that by his /herAheir- JENNIF PUBLIC- CALIFORNIA signature'(s) on the instrument the personN, °OOH EWUNr8237 a or the entity upon behalf of which the °�pDer28'' personN acted, executed the instrument. WITNESS mypand and official seal. SIGNATURE OF NOTARY Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON($) OR ENTRY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmel Ave., P.O. Box 7104 - Calwga Palk, CA 91369.7180 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California SS. County of RIVERSIDE On 411 1,0(.p before me, R. CISNEROS pale Name and Title of oRcer (e.g., 'Jane Doe. Notary PUWk ) personally appeared MICHAEL D. STONG Names) of Signer(-) R. CISNEROS COMM. #1488731 NOTARY PUBUC - CALIFORNIA .. RIVERSIDE COUNTY M Comm. Tres June 7, 2006 ® personally known to me ❑ proved to me on the basis of satisfactory . evidence to be the personj' whose name is /0< subscribed to the within instrument and acknowledged to me that he /she /they executed the same in hislf+a#4H authorized capacity(iee), and that by his /hef,44-" signatureWon the instrument the person(sj; or the entity upon behalf of which the person(4 acted, executed the instrument. WITNESS my hand and official seal. Race NWary Seal Above Signature of Ndary Pubic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): _ ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator D Other: Signer Is Representing: Number of Pages: RIGNTTRUIr1ePRiNWT OF SIGNER' 01998 W10FO NMtq Rtl0n, M 00 6 A".. P.O. BOa 2422,Q¢ fih, CA 913132002 • www.rNwwmolaryorg P.W. N0. 5907 pewdm: Cai T iw.1- Bpp8i6{EZr TRAVELF CASUALTY AND SURETY COMPANY OF A RICA I JELERS CASUALTY AND SURETY COMP, FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183 -9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)4N-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the " Companies ") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Michael D. Stong, Shawn Blume, Susan C. Monteon, Rosemary Cisneros, of Riverside, California, their true and lawful Attontey(s) -in -Fact, with fiill power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recegnizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorneys) -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizaices, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him of her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Pact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate hearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the fulum with respect to any bond or undertaking to which it is attached. (05 -04) Unlimited IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 7th day of August, 2004. STATE OF CONNECTICUT )SS. Hartford COUNTY OF HARTFORD Gee {/.�!' OR}a L82.g s �be TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY i r George W. Thompson Senior Vice President On this 7th day of August, 2004 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof �0My commission expires June 30, 2006 Notary Public a Marie C. Tetreault CERTIFICATE I, the undersigned, Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in frill force and has not been revoked, and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. �1 Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this I Z'' I day of QPALQ 200(,v � + By Peter Schwartz Senior Vice President n LJ CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC August 23, 2006 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notices of Completion (C -3643 & C- 3778/5) Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, /Of /. lt4rl�� 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 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 R. J. Noble Company, of Orange, California, as Contractor, entered into a Contract on April 25, 2006. Said Contract set forth certain improvements, as follows: Jamboree Road Rehabilitation from University Drive to South Bristol Street (C -3785) Work on said Contract was completed on July 26, 2006, and was found to be acceptable on August 22. 2006, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Travelers Casualty and Surety Company of America. Works Director Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on at Newport Beach, California. i BY City Clerk 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 C� Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder IflIIIiII�IIIIIIIIIIIIIIIIIIIIIII�IIiIIIIIIIIIIiIIn811111�IIIluIII�NO FEE 200600057049711:19am 08125106 112 48 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and R. J. Noble Company, of Orange, California, as Contractor, entered into a Contract on April 25, 2006. Said Contract set forth certain improvements, as follows: Jamboree Road Rehabilitation from University Drive to South Bristol Street C -3785 Work on said Contract was completed on July 26. 2006, and was found to be acceptable on, August 22, 2006, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Travelers Casualty and Surety Company of America. VERIFICATION Works Director Newport Beach I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on �lucrusf a3Y ��� at Newport Beach, California. BY (:;60'. City Clerk r"1 CD N L Q W U�cr ,o vE=�_ 1 «. Ua0; U W H - � L B N U VERIFICATION Works Director Newport Beach I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on �lucrusf a3Y ��� at Newport Beach, California. BY (:;60'. City Clerk r"1 All; 2 70n5 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT 0 C-31$5 Agenda Item No. „8 August 22, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Andy Tran, P.E. 949 - 644 -3315 or atran @city.newport- beach.ca.us SUBJECT: JAMBOREE ROAD REHABILITATION FROM UNIVERSITY DRIVE TO SOUTH BRISTOL STREET — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3785 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond one (1) year after Council acceptance. DISCUSSION: On April 25, 2006, the City Council authorized the award of the Jamboree Road Rehabilitation from University Drive to South Bristol Street contract to R.J. Noble Company. The contract provided for asphalt pavement restoration, median concrete curb and access ramp replacement, traffic loops, striping, pavement markings and markers replacement, and utility adjustments. The contract has been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original Bid Amount:- Actual amount of bid items constructed: Total amount of change orders: Final contract cost: $911,669.50 $846,183.36 $7,317.19 $853,500.55 Irvine Terrace Water Valve, Ocean Vista and a Street Water Main Replacement - Completiolk Acceptance of Contract No. 3643 August 22, 2006 Page 2 The decrease in the amount of actual bid items constructed primarily resulted from the reduction of rubberized asphalt surface course required. The final overall construction cost including one Change Order was 6.4 percent under the original bid amount. One Change Order in the amount of $7,317.19 provided for the repair of a streetlight conduit, replacement of advanced traffic detector loops, and the repair of the contractor's equipment due to damages from running into unmarked buried manholes. Environmental Review: The project was exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines when the project was authorized by the City Council. This exemption covers the repair, maintenance and minor alteration of existing public facilities with negligible expansion. Funds were expended from the following accounts for the project: Account Description Account Number Amount Gas Tax 7181- C5100831 $384,894.43 AHRP 7285- C5100831 $321,114.87 Measure M 7281- C5100831 $147,491.25 Total: $853,500.55 The original completion date was August 1, 2006. All work was substantially completed by July 26, 2006. Prepared by: Submitted by: Andy Tran, P.E. a adum Associate Civil Engineer ubli orks Director By AP1_,25 ?006 C- 31 %5 (vtlloo-7w0 ) CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 10 April 25, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Andy Tran, P.E. 949 - 644 -3311 or atran @city.newport - beach.ca.us SUBJECT: JAMBOREE ROAD REHABILITATION FROM UNIVERSITY DRIVE TO SOUTH BRISTOL STREET - AWARD OF CONTRACT NO. 3785 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3785 to R.J. Noble Company for the Total Bid Price of $911,669.50, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $90,000.50 to cover the cost of unforeseen work as needed under the existing on -call professional services agreements and an amount of $18,500 for geotechnical and materials testing services. 4. Approve a Budget Amendment appropriating $181,420 from the Measure M fund balance to Account No. 7281- C5100831. DISCUSSION: At 10:00 a.m. on April 4, 2006 the City Clerk opened and read the following bids for this project: TOTAL BID AMOUNT $911,669.50 $979,715.00 $981,981.00 $999,406.00 $1,182,101.28 The low total bid amount is 7.7 percent below the Engineers Estimate of $987,445. The low bidder, R.J. Noble Company, possesses a California State Contractors License Classification "A" as required by the project specifications. R.J. Noble Company has satisfactorily completed similar projects for the City and other municipalities. The project involves cold milling and overlaying the existing pavement, removing and replacing concrete curb and gutters, curbs, sidewalks, curb access ramps, driveway BIDDER Low R.J. Noble Company 2 Sequel Contractors, Inc. 3 All American Asphalt 4 Excel Paving Company 5 Hardy & Harper, Inc. TOTAL BID AMOUNT $911,669.50 $979,715.00 $981,981.00 $999,406.00 $1,182,101.28 The low total bid amount is 7.7 percent below the Engineers Estimate of $987,445. The low bidder, R.J. Noble Company, possesses a California State Contractors License Classification "A" as required by the project specifications. R.J. Noble Company has satisfactorily completed similar projects for the City and other municipalities. The project involves cold milling and overlaying the existing pavement, removing and replacing concrete curb and gutters, curbs, sidewalks, curb access ramps, driveway Jamboree Rehabilitation (University Avenue to Bristol et) —Award of Contract No. 3785 April25,2006 Page: 2 approaches, drainage inlets, and stamped concrete. It also involves adjusting manhole frame and covers and water valve frame and covers to grade, replacing traffic signal detector loops, and installing pavement striping, markings, and markers. Pursuant to the contract specifications, the contractor will have 45 consecutive working days to complete the work. 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 at the time the project was authorized by the City Council. This exemption covers the repair, maintenance and minor alteration of existing public facilities with negligible expansion. 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 contractor and City ten days and two days prior to starting work in the area. Geotechnical and Material Testing Services: In addition to the contract costs, $18,500 in geotechnical and material testing services is estimated for this project. Funding Availability: There is an $838,750 unencumbered balance on this project currently available in the Gas Tax and AHRP Funds CIP Accounts. The remaining $175,420 would become appropriated upon approval of the recommended Budget Amendment and sufficient funds will be available in the following accounts for the project. Account Description Account Number Amount Gas Tax 7181- C5100831 $439,000.00 AHRP 7285- C5100831 $399,750.00 Measure M 7281- C5100831 $181,420.00 Total: $1,020,170.00 Prepared by: Submitted by: Andy Tran, P.E. G. Badum Associate Civil Engineer Pu 'c Works Director Attachments: Project Location Map Bid Summary Budget Amendment PROJECT- LOCATION VICINITY MAP NOT TO SCALE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION UNIVERSITY DR TO SOUTH BRISTOL ST AT DATE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TITLE: Jamboree Road Rehabilitation From University Drive to South Bristol Street BID LOCATION: City Clerk's Office - City Hall CONTRACT NO.: C -3785 DATE: 04/04/2006 TIME: 10:00 AM ENGINEER'S ESTIMATE: $987,445.00 BY: AndyTran CHECKED: DATE: PROJECT MANAGER: Andy Tran As -Bid Amount ACnRN1051u MWBVASherel, CAnVeC151FY 05 WWAMBOREE RD REHAB UNIVERSITY TO BRISTOL C- 37MBID SUMMARY.x% ft8 W. Wsum. Page 112 Engineer's Estimate R.J. Noble Company Sequel Contractors, Inc. All American Asphalt ITEM DESCRIPTION QUANTITN UN17 UNIT COST AMOUNT UNITCOST AMOUNT UNIT COST AMOUNT UNIT COST AMOUNT 1 Mobilization 1 LS $35,000.00 $35,000.00 $25,000.00 $25,000.00 - $90,000.00 $90,000.00 $50,084.00 $50,084.00 2 Traffic Control 1 LS $55,000.00 $55,000.00 $55,000.00 $55,000.00 152,750.00 $52,750.00 $95,825.00 $95,825.00 3 Install and Maintain Advisory Signs 1 LS $4,000.00 $4,000.00 $2,500.00 $2,500.00 $3,000.00 - $3,000.00 $1,200.00 $1 0 4 Surveying Services 1 LS $10,000.00 $10,000.00 $9,700.00 $9,700.00 $12,000.00 $12,000.00 $10,000.00 $1 0 5 Construct P.C.C. Sidewalk 300 SF $8.00 $2,400.00 $9.55 $2,865.00 $10.00 $3,000.00 $8.00 $2, .00 6 Cold Mill AC Pavement 308,000 SF $0.20 $61,600.00 $0.18 $55,440.00 $0.15 $46,200.00 $0.10 $30,800.00 7 Roadway Over Excavation and Backfill 13,000 SF $5.00 $65,000.00 $6.00 $78,000.00 $6.50 $84,500.00 $6.00 $78,000.00 8 1 Miscellaneous Median and Curb and Gutter Backfill 350 CY $40.00 $14,000.001 $36.76 $13,566.00 $40.00 $14,000.00 $10.00 $3,500.00 9 lConstruct Minimum l" Thick AC Leveling Course 1,900 TN $71.00 $134,900.001 $66.00 $125,400.00 $70.001 $133,000.00 $64.00 $121,600.00 10 Constrict Minimum 2" Thick ARHM Surface Course 4,200 TN $83.00 $348.600.001 $74.35 $312,270.00 $75.00 $315.000.00 $74.00 $310,800.00 11 Remove/Replace Variable Height PCC Curb and Gutter (Type A) 650 LF $43.00 $27,950.001 $38.00 $24,700.00 $40.00 $26,000.00 $55.00 $35,750.00 12 Remove/Replace Variable Height PCC Curb (Type B) 2,700 LF $25.00 $67,500.00 $29.00 $78.300.00 $30.00 $81,000.00 $39.00 $105,300.00 13 Construct Variable Height PCC Curb at New Median Curb Inlet 6 LF $50.00 $300.00 $25.00 $150.00 $35.00 $210.00 $39.00 $234.00 14 'Eonstrlct 6" Thick PCC Apron - 27 SF $35.00 $945.00 $10.50 $283.50 $15.00 $405.00 $10.00 $270.00 15 Transition TiUm Type B PCC Curb to Type A PCC Curb and Gutter 10 LF $50.00 $500.00 $25.00 $250.00 $35.00 $350.00 $39.00 $390.00 16 CAnstr c urb Inlet (Type OS) 1 EA $5,000.00 $5,000.00 $6,000.00 $8,000.00 $5,000.00 $5,000.00 $6,968.00 $6,968.00 17 Construct Curb Inlet Local Depression 1 LS $1,500.00 $1,500.00 $1,860.00 $1,860.00 $3,000.00 $3,000.00 $2,000.00 $2.000.00 18 install 18" RCP (1500 -D) 6 LF $150.00 $900.00 $525.00 $3,150.00 $400.00 $2,400.00 $600.00 $3,600.00 19 Construct Storm Drain Junction Structure 1 EA $5,000.00 $5,000.00 $5,200.00 $5.200.00 $2,500.00 $2,500.00 $7,000.00 $7,000.00 20 Construct 4" Thick Stamped Intergrally Colored Concrete 4,500 SF $9.00 $40,500.00 $8.25 $37,125.00 $6.00 $27,000.00 $10.00 $45,000.00 21 ReconstrucVAdjust Manhole Frame and Cover to Grade 1 EA $800.00 $800.00 $1,050.00 $1,050.00 $1,000.00 $1,000.00 $600.00 $600.00 22 Reconstruct/Adjust Water Valve Frame and Cover to Grade 8 EA $300.00 $2,400.00 $300.00 $2,400.00 $400.00 $3.200.00 $325.00 S2AIIIIII600 23 Raise Existing Catch Basin to Match Top of New Curb 1 LS $1,500.00 $1,500.00 $4,200.00 $4,200.00 $9,500.00 $9,500.00 $4,500.00 $ 0 24 Remove/Replace Curb Access Ramp 7 EA $2,500.00 $17,500.00 $3,700.00 $25,900.00 $2,500.00 $17,500.00 $3,600.00 $T5"2770 25 Replace Traffic Signal Detector Loop 66 EA $275.00 $18,150.00 $210.00 $13,860.02 $200.00 $13,200.00 $210.00 $13,860.00 26 Install Pavement Striping, Markings, and Markers 1 LS $20,000.00 $20,000.00 $22,000.00 $22,000.00 $28,000.00 $28,000.00 $23,000.00 $23,000.00 27 Landscape Improvements 1 LS $40,000.00 $40,000.00 $2,000.00 $2,000.00 $3,000.00 $300000 $750.00 $750. 00 28 As -Built Pans and DBE Cerfication $6,500.00 $6,500.00 $1,500.00 $1,500.00 $3,0000 $,00. 00 $75000 $750.00 EE 1 $987.445.001 LOW $911,669.5 0 2ND $979,715.001 3RD 9ATcHau0 As -Bid Amount ACnRN1051u MWBVASherel, CAnVeC151FY 05 WWAMBOREE RD REHAB UNIVERSITY TO BRISTOL C- 37MBID SUMMARY.x% ft8 W. Wsum. Page 112 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TITLE: Jamboree Road Rehabilitation From University Drive to South Bristol Street BID LOCATION: City Clerk's Office - City Hall CONTRACT NO.: C -3785 DATE: 04/04/2006 TIME: 10:00 AM ENGINEER'S ESTIMATE: $987,445.00 BY: AndyTran CHECKED: DATE: PROJECT MANAGER: Andv Tran As -Bid Amount 11CM21XSU FWSWSO8WCOntrug4 05461 60REE RD REF UNIVERSITY TO ERISTOL G311)ABID WMWRY.xh Ruw m. w.aum. Page 212 0 • Engineer's Estimate Excel Paving Company Hardy & Harper, Inc. ITEM DESCRIPTION QUANTln UNIT UNIT COST AMOUNT UNIT COST AMOUNT UNITCOST AMOUNT 1 Mobilization 1 LS $35,000.00 $35,000.00 $57,000.00 $57,000.00 $50,000.00 $50,000.00 2 Traffic Control 1 LS $55,000.00 $55,000.00 $34,000.00 $34,000.00 $50,000.00 $50,000.00 3 Install and Maintain Advisory Signs 1 LS $4,000.00 $4,000.00 $8,000.00 $8,000.00 $2,500.00 $2,500.00 4 Surveying Services 1 LS $10,000.00 $10,000.00 $10,000.00 $10,000.00 $30,000.00 $30,000.00 5 Construct P.C.C. Sidewalk 300 SF $8.00 $2,400.00 $8.00 $2,400.00 $10.00 $3,000.00 6 Cold Mill AC Pavement 308,000 SF $0.20 $61,600.00 $0.17 $52,360.00 $0.17 $52,360.00 7 Roadway Over Excavation and Backfill 13,000 SF $5.00 $65,000.00 $7.00 $91,000.00 $7.75 $100,750.00 8 Miscellaneous Median and Curb and Gutter Backfill 350 CY $40.00 $14,000.00 $65.00 $22,750.00 $80.00 $28,000:00 9 Construct Minimum l" Thick AC Leveling Course 1,900 TN $71.00 $134,900.00 $68.00 $129,200.00 $83.001 $157,700.00 10 Construct Minimum 2" Thick ARHM Surface Course 4,200 TN $83.00 $348,600.00 $82.00 $344,400.00 $89.00 $373.800.00 11 Remove/Replace Variable Height PCC Curb and Gutter (Type A) 650 LF $43.00 $27,950.00 $40.00 $26,000.00 $45.00 $29,250.00 12 Remove/Replace Variable Height PCC Curb (Type B) 2,700 LF $25.00 $67,500.00 $29.00 $78,300.00 $33.00 $89,100.00 13 Construct Variable Height PCC Curb at New Median Curb Inlet 6 LF $50.00 $300.00 $29.00 $174.00 $50.00 $300.00 14 Construct 6" Thick PCC Apron 27 SF $35.00 $945.00 $6.00 $162.00 $10.00 $270.00 15 ` Transition from Type B PCC Curb to Type A PCC Curb and Gutter 10 LF $50.00 $500.00 $16.00 $160.00 $33.00 $330.00 16 Construct Curb Inlet (Type OS) 1 EA $5,000.00 $5,000.00 $7,500.00 $7,500.00 $6,600.00 $6,600.00 17 Construct Curb Inlet Local Depression 1 LS $1,500.00 $1,500.00 $3,300.00 $3,300.00 $7,975.00 $7,975.00 18 Install 18" RCP (1500 -D) 61 LF 1 $150.00 $900.00 $750.00 $4,500.00 $1,203.13 $7,218.78 19 Construct Storm Drain Junction Structure 1 EA $5,000.00 $5,000.00 $6,500.00 $6,500.00 $5,362.50 $5,362.50 20 Construct 4" Thick Stamped Intergrally Colored Concrete 4,500 SF $9.00 $40,500.00 $9.00 $40,500.00 $9.00 $40,500.00 21 Reconstruct/Adjust Manhole Frame and Cover to Grade 1 EA $600.00 $800.00 $1,500.00 $1,500.00 $1,000.00 $1,000.00 22 ReconstrucVAdjust Water Valve Frame and Cover to Grade 8 EA $300.00 $2,400.00 $825.00 $6,600.00 $500.00 $4,000.00 23 Raise Existing Catch Basin to Match Top of New Curb 1 LS $1,500.00 $1,500.00 $4,800.00 $4,800.00 $15,675.00 $15,675.00 24 Remove /Replace Curb Access Ramp 7 EA $2,500.00 $17,500.00 $4,300.00 $30,100.00 $3,700.00 $25,900.00 25 Replace Traffic Signal Detector Loop 66 EA $275.00 $18,150.00 $200.00 $13,200.00 $235.00 $15,510.00 26 Install Pavement Striping, Markings, and Markers 1 LS $20,000.00 $20,000.00 $23,000.00 $23,000.00 $23,000.00 $23,000.00 27 Landscape Improvements 1 LS $40,000.00 $40,000.00 $1,500.00 $1,500.00 $50,000.00 $50.000.00 28 As -Built Plans and DBE Certification 1 LS $6,500.00 $6,500.00 $500.00 $500.00 $12,000.00 $12,000.00 EE $987,445.00 4TH $999,406 .00 5TH 1$1,182,101.28 As -Bid Amount 11CM21XSU FWSWSO8WCOntrug4 05461 60REE RD REF UNIVERSITY TO ERISTOL G311)ABID WMWRY.xh Ruw m. w.aum. Page 212 0 • 04ty of Newport Beaci, NO. BA- 06BA -062 BUDGET AMENDMENT 2005 -06 AMOUNT: $181,420.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Expenditure Appropriations AND �X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations for the Jamboree Road Rehabilitation Project, University Drive to South Bristol ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 280 3605 REVENUE ESTIMATES (3601) Fund/Division Account EXPENDITUREAPPROPRIATIONS (3603) Division Account Division Account Division Account Division Account Division Account Signed: Signed: Signed: Description Measure M Fund Balance Description Description Number 7281 Measure M - Tumback Number C5100831 Jamboree Road Rehab Number Number Number Number Number Number Number Number Approval: Administrative Services Director . City Manager City Council Approval: City Clerk Amount Debit Credit $181,420.00 . . Automatic $181,420.00 Date 4 Date Date CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 a.m. on the 4th day of April 2006, at which time such bids shall be opened and read for JAMBOREE ROAD REHABILITATION FROM UNIVERSITY DRIVE TO SOUTH BRISTOL STREET Title of Project STPL -5151 (018) Contract No. 3785 $ 987,445 Engineer's Estimate as: is Works Director PLAN HOLDER LIST AVAILABLE ON CITY WEBSITE http7//wWw.city.newi)ort- beach.ca.us CLICK: • Online Services • Public Works Contracts Bidding DBE Goal for this project is 6.20 percent. 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 Genera! "A" Contractor License Classification required for this project For further information, call Andy Tran, Protect Engineer at (949) 644 -3315 T' CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT • JAMBOREE ROAD REHABILITATION FROM UNIVERSITY DRIVE TO SOUTH BRISTOL STREET CONTRACT NO. 3785 TABLE OF CONTENTS NOTICE INVITING BIDS ..................................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ................................................................... ..............................3 BIDDER'S BOND .......................................................................................... ..............................5 DESIGNATION OF SUBCONTRACTOR( S) ................................................. ..............................6 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION ......................... ....................:.........7 PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT .................... ..............................8 PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE ............... ..............................8 PUBLIC CONTRACT CODE 10232 STATEMENT ....................................... ..............................9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ......................... .............................10 NON - COLLUSION AFFIDAVIT .................................................................... .............................14 DESIGNATION OF SURETIES ................................................................... .............................15 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL ..............16 ACKNOWLEDGEMENT OF ADDENDA ...................................................... .............................18 INFORMATION REQUIRED OF BIDDER .................................................... .............................19 DEBARMENT AND SUSPENSION CERTIFICATION ................................. .............................22 NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS ...... .............................23 DISCLOSURE OF LOBBYING ACTIVITIES ................................................ .............................24 INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES ................................................ .............................25 LOCAL AGENCY BIDDER - DBE — INFORMATION ................................... .............................26 DBE INFORMATION - GOOD FAITH EFFORTS ........................................ .............................27 SECTION 2 PROPOSAL REQUIREMENTS AND CONDITIONS ............... .............................29 SECTION 2 -1.01 GENERAL ....................................................................... .............................29 SECTION 2 -1.015 FEDERAL LOBBYING RESTRICTIONS ....................... .............................29 SECTION 2 -1.02 DISADVANTAGED BUSINESS ENTERPRISE (DBE) ...: .............................30 SECTION 2 -1.02A DBE GOAL FOR THIS PROJECT ................................ .............................32 SECTION 2 -1.02B SUBMISSION OF DBE INFORMATION ....................... .............................32 FEDERAL MINIMUM WAGE RATES ........................................................... .............................34 NOTICE TO SUCCESSFUL BIDDER ......................................................... .............................52 CONTRACT................................................................................................ .............................53 LABOR AND MATERIALS PAYMENT BOND .............................................. .............................59 FAITHFUL PERFORMANCE BOND ............................................................ .............................61 FEDERAL REQUIREMENTS .................................................. ............................... FR -1 to FR -14 PROPOSAL........................................................................................... ............................... PR -1 SPECIALPROVISIONS ........................................................................ ............................... SP -1 01 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 3785 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 BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ISSUED BY AGENCY PRIOR TO 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 dearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The 0 0 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: http://www.qpo.gov/davisbacon/ca.htmi 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 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. A- 782908 CLASS A Contractor's License No. & Classification R.J. NOBLE COMPANY Bidder homed S gnature/Title ICHAEL J. CARVER, PRESIDENT APRIL 4, 2006 Date • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 3785 We. the undersigned principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF THE AMOUNT OF THE BID Dollars ($ 10% OF BID ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of JAMBOREE ROAD REHABILITATION FROM UNIVERSITY DRIVE TO SOUTH BRISTOL STREET, Contract No. 3785 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 17th day of MARCH 2006 R.J. NOBLE COMPANY Name of Contractor (Principal) Slg aturelTitle IAEL J. CARVER, PRESIDENT TRAVELERS CASUALTY AND SURETY COMPANY Name of Surety of AMERICA Authorized Agent Signature 21688 GATEWAY CENTER DIAMOND BAR, CA 92765 Address of Surety (909) 612 -3000 Telephone SHAWN BLUME, ATTORNEY -IN -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) CALIFORNIA ALL- PURPOS 4P ACKNOWLEDGMENT • State of CALIFORNIA County of ORANGE No. 5907 On I�00 before me, JENNIFER DE IONGH, NOTARY PUBLIC DATE NAME, TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC' personally appeared MICHAEL J. CARVER, PRESIDENT, R.J. NOBLE COMPANY NAME($) OF SIGNER(S) personally known to me - OR — - t;e*#e ' t FAe en basis of satisfactory evidence to be the person ($) whose name(,) is /-are subscribed to the within instrument and ac- knowledged to me that hefs.heft+iey executed the same in hisNrerfHrelr authorized capacity(ies), and that by his /herftheir- JENNIFER DE IONGH NOTARY PUBLIC- CALIFORNIA signatureN on the instrument the person(*, COMMISSION # 1448237 ORANGE COUNTY or the entity upon behalf of which the M C----------------- 2x personN acted, executed the instrument. WITNESS my„hAnd and official seal. OPTIONAL Though the data below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER . ❑ INDIVIDUAL ❑ CORPORATE OFFICER nTLE(S) , ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON($) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION -8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91399.7184 I • • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of RIVERSIDE I SS. On :3A 710w before me, R. CISNEROS Date Name and Title of Officer (e.g., 'Jam Doe. Notary Public personally appeared SHAWN BLUME R. CISNERO 19 COMM. #1488731 NOTARY PUBLIC - CALIFORNIA RIVERSIDE COUNTY MIY Comm. Expires June 7, 2008 2 personally known to me proved to me on the basis of satisfactory evidence to be the persol W whose name(K is /are- subscribed to the within instrument and acknowledged to me that he /s#+eAl,, y executed the same in his /Nefft W authorized capacity(W4, and that by his /he#9eir signatureks�-on the instrument the person(*, or the entity upon behalf of which the person(sr acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual - Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General C. Attorney in Fact C Trustee C. Guardian or Conservator - ❑ Other: Signer Is Representing: 0 1999 National Notary Mocca60n. 9350 De Solo Ave.. PO. eo. 2402 • ehalsrvanh, OA 91313.2402 • W W W.naIItl151ncal org Prod No 5907 Reorder Call Tell -Free 1006876 -6827 TRAVEIS CASUALTY AND SURETY COMPANY O*RICA TIOMLERS CASUALTY AND SURETY COMP FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183 -9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S) -IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Michael D. Stong, Shawn Blume, Susan C. Momeon, Rosemary Cisneros, of Riverside, California, their true and lawful Attorney(s) -in -Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attoruey(s) -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (03 -04) Unlimited IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seats to be hereto affixed this 7th day of August, 2004. STATE OF CONNECTICUT }SS. Hartford COUNTY OF HARTFORD � �p�ir AqQ pLSU.4 pig s�q� ar_QY�+wr�L e NARiFINiD, a 1982 S f • `6! � Ada ��, • A� TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY George W. Thompson Senior Vice President On this 7th day of August, 2004 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he /she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he /she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. 1 +�1� CERTIFICATE My commission expires June 30, 2006 Notary Public Marie C. Tetreault I, the undersigned, Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this lw� day of W/A(,v. , 20 oc=) a °��rrexa�L rUa,rsouq,kt i CONN. u 9`b1 • FNaa �y • )) Peter Schwartz Senior Vice President Company Profile Company Profile Page 1 of 3 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA ONE TOWER SQUARE, 4MN TRAVELERS / Mary T. Restelli HARTFORD, CT 06183 877 - 872 -8737 Former Names for Company Old Name: AETNA CASUALTY & SURETY COMPANY OF AMERICA Effective Date: 07 -01 -1997 Agent for Service of Process LORI CASTANEDA, 2730 GATEWAY OAKS DR SUITE 100 SACRAMENTO, CA 95833 Unable to _Locate the Agent_for Service of Process? Reference Information NAIC #: NAIC Group #: California Company ID #: Date authorized in California: License Status: Company Type: State of Domicile: 31194 3548 2444 -8 July 31, 1981 UNLIMITED- NORMAL Property & Casualty CONNECTICUT Lines of Insurance Authorized to Transact http: / /cdinswww .insurance.ca.gov /pls /wu co prof/idb co prof utl.get co proflp EID =6182 04/04/2006 E • Company Profile Page 2 of 3 The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the gloss ary AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY • FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information 0 Company Enforcement Action Documents. ComW Performance & Comparison Data Co_m_p site._Complaint Studies. Want More? http:// cdinswww.insurance.ca.gov /pls /wu co prof/idb cc prof utl.get co proVp EID= 6182 04/04/2006 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 JAMBOREE ROAD REHABILITATION FROM UNIVERSITY DRIVE TO SOUTH BRISTOL STREET CONTRACT NO. 3785 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: BOB WETZEL CO E Address: 1419 KEEGAN 16 -19 UNDERGROUND SANTA ANA, CA 92701 23 Phone: 714 -538 -9604 State License Number: A 393934 Name: C.L. CONCRETE Address: 1035 W. GLADSTONE ST 5 AZUSA, CA 91702 11 -15 CONCRETE. Phone: 626 - 334 -2357 State License Number: 488722 C -8 Name: Address: P.O. BOC 2229 7 MILLING CORONA, CA 91818 O�D� Phone: 909- 736 -7600 267073 State License Number: R.J. NOBLE COMPANY Bidder thorized Ignature/Title MICHAEL J. CARVER, PRESIDENT 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION FROM UNIVERSITY DRIVE TO SOUTH BRISTOL STREET CONTRACT NO. 3785 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction,. as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing . this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractors Information Bid Item Description of Work %of Number Total Bid Name: TRADEMARK CONCRETE SYSTEMS STAMPED CONCRETE Address: 4561 EISENHOWER CIRCLE ANAHEIM, CA 92807 20 o7.g61 Phone: 714- 970 -8200 State License Number: 511344 Name:R 4friG wUrJ y(race - t IIr R C LOOP'S Address: 6. IFmeruld �4. Phone:b,q) 5a0- ((t71�77' State License Number: Jrd q6-(o � -� Name: 2Qrnire-Z �0 �S + iOP + LL WiAoles f Wpfrl' VqIV ?S Address: 6 JC6 E iseodIND Rd. )11 �q //hew Phone: State License Number: R.J. NOBLE COMPANY Bidder thorized lgnature/Title MICHAEL J. CARVER, PRESIDENT • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 JAMBOREE ROAD REHABILITATION FROM UNIVERSITY DRIVE TO SOUTH BRISTOL STREET CONTRACT NO. 3785 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing . this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: Clem�af r Address: ll 00 61 B(tfn ford y +. Sur Valle / Ca - . Phone: (M) 83K- el p' 9' State License Number: 3A C 1# Name: (A5e/,4ad 5vrvey Address: / �Vr � W Iq N %ff Sfi. Phone: (t(g)6g - Ggyg G Licen State se Number. Name: Address: Phone: State License Number: R.J. NOBLE COMPANY � �-0 - Bidder thorized Srignatureffitle MICHAEL J. CARVER; PRESIDENT 0 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder R.J. NOBLE COMPANY proposed subcontractor hereby certifies that he has x , has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60- 1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60 -1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60- 1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. PUBLIC CONTRACT CODE Public Contract Code Section 10285.1 Statement In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has _ , has not been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Public Contract Code Section 10162 Questionnaire In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the following space. 0 E Public Contract Code 10232 Statement In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION FROM UNIVERSITY DRIVE TO SOUTH BRISTOL STREET CONTRACT NO. 3785 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formlll Please print or type. Bidders Name R.J. NOBLE COMPANY FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY 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 GRAND Project Description STREE Approximate Construction Dat Agency Name CITY OF STREET WIDENING WIDENING From DEC 2004 To: DEC 2005 ANA Contact Person BILL ALBRIGHT Telephone (714) Original Contract Amount $ 2.7; 1IL'Final Contract Amount $__I. 7 647 -5029 MILLION 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 10 0 0 No. 2 Project Name /Number JEFFERSON AVENUE PAVEMENT REHABILITATION Project Description PAVEMENT REHABILITATION Approximate Construction Dates: From MAY 2005 Agency Name CITY OF TEMECULA Contact Person MYRA DE LA TORRE SEPTEMBER 2005 Telephone (95) 694 -6411 Original Contract Amount $L . 7 MILLFinal Contract Amount $ 1.7 MILL 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 No. 3 Project Name /Number CITYWIDE ANNUAL RESURFCING Project Description STREET RESURFACING Approximate Construction Dates: From NOVEMBER 2004 To: NOVEMBER 2005 Agency Name CITY OF LAGUNA NIGUEL Contact Person FRANK BoRGESS Telephone (949 362 -4337 Original Contract Amount $ 3.1 MI Final Contract Amount $ 3.1 MILLION 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 11 0 0 No. 4 Project Name /Number VARIOUS STREET REHABILITATION Project Description STREET REHABILITATION Approximate Construction Dates: From MARCH 2004 Agency Name CITY OF SAN CLEMENTE To: MAY 2004 Contact Person GARY VOBORSKI Telephone (949) 361 -6132 225,455.27 225,455.27 Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. no No. 5 Project Name /Number VARIOUS STREET REHABILIATION Project Description STREET REHABILITATION Approximate Construction Dates: From APRIL 2004 Agency Name CITY OF HUNTINGTON BEACH To: JULY 2004 Contact Person LARRY TAITE Telephone ( 71� 536 -5221 Original Contract Amount $ 707,429, nal Contract Amount $ 707,429.60 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 12 No. 6 Project Name /Number LA PALMA AVENUE IMPROVEMENTS Project Description STREET IMPROVEMENTS Approximate Construction Dates: From JUNE 2040 To: SEPTEMBER 2004 Agency Name CITY OF BUENA PARR Contact Person SAM MARAU Telephone (711 562 -3750 Original Contract Amount $_L. 2 MILEinal Contract Amount $ 1.2 MILLION 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. R.J. NOBLE COMPANY Bidder 13 uthorize 5ignature/Title MICHAEL J. CARVER, PRESIDENT 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION FROM UNIVERSITY DRIVE TO SOUTH BRISTOL STREET CONTRACT NO. 3785 NON - COLLUSION AFFIDAVIT State of California ) ) SS. County of ORANGE ) MICHAEL J. CARVER , being first duly sworn, deposes and says that he or she is PRESIDENT Of R.J. NOBLE COMPANY , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. R.J. NOBLE COMPANY Bidder Subscribed and sworn to before me this 4th JENNIFER DE IONGH Expires: 10 -28 -07 JENNIFER DE IONGH .So NOrARY PUBUC - CAUFORNIA COMMISSION # 1448237 E ONANGE COUNN M Comm. . OctoDar 2a, 2007 r _fidffibrizecl ignature/Title MICHAEL J. CARVER, PRESIDENT 14 day of APRIL [SEAL] 2006. • r CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION FROM UNIVERSITY DRIVE TO SOUTH BRISTOL STREET CONTRACT NO. 3785 DESIGNATION OF SURETIES Bidders name R.J. NOBLE COMPANY 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): STONG INSURANCE SERVICES 4850 ARLINGTON AVENUE SUITE B RIVERSIDE, CA 92504 MIKE STONG 951- 343 -0382 TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA 21688 GATEWAY CENTER DRIVE DIAMOND BAR, CA 91765 -8512 909- 612 -3000 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION FROM UNIVERSITY DRIVE TO SOUTH BRISTOL STREET CONTRACT NO. 3785 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name R.J. NOBLE COMPANY Record Last Five (5) Full Years Current Year of Record ,LION 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. 16 Current Record Record Record Record Record Year of for for for for for Record 2005 2004 2003 2002 2001 Total 2006 No. of contracts 19 124 105 135 146 109 638 Total dollar Amount of 7.4 MILI 65 MILL 70 MILL Z70 MILL 72 MILL 57 MILL 541.4 MI Contracts (in Thousands of $ No. of fatalities NONE-- -- - - - - -- -- -- - - -- -- - - - - -- - - -- - -- - - - - --- --- - - - - -- No. of lost WorkdayCases NONE -------------------------------------------------------- No. of lost workday cases NONE -- -- - - - - -- -- - - - - -- -- - -- - -- - - - - - -- - - - - - -- -- - - - --- involving permanent transfer to another job or termination of employment ,LION 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. 16 Legal Business Name of Bidder R. J. NOBLE COMPANY Business Address: 15505 E. LINCOLN AVENUE, ORANGE, CA 92865 Business Tel. No.: 714 - 637 -1550 State Contractor's License No. and A- 782908 Classification: Title MICHAEL J. CARVER, PRESIDENT The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date APRIL' 4, 2006 Title STAN HILTON, SECRETARY Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 17 .' • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION FROM UNIVERSITY DRIVE TO SOUTH BRISTOL STREET CONTRACT NO. 3785 ACKNOWLEDGEMENT OF ADDENDA Bidders name R. J. NOBLE COMPANY The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: N/A N/A N/A Addendum No. Date Received S nature ADDENDUM N0. 1 MARCH 22, 2006 ,XTMIAEL J. CARVER, PRESIDEN 18 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION FROM UNIVERSITY DRIVE TO SOUTH BRISTOL STREET CONTRACT NO. 3785 , 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: R.J. NOBLE COMPANY Business Address: 15505 E. LINCOLN AVENUE, ORANGE, CA 92865 Telephone and Fax Number: 714- 637 -1550 714 - 637 -6321 California State Contractor's License No. and Class: A- 7w)gn8 (REQUIRED AT TIME OF AWARD) Original Date Issued:AUGUST 2000 Expiration Date: AUGUST 31, 2006 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: CHRIS PAGE, SENIOR ESTIMATOR The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone MICHAEL J. CARVER, PRESIDENT 7579 E. VISTA DEL SOL ANAHEIM CA 714- 637 -1550 STAN HILTON, SECRETARY 651 N. ROSE DR. 0106, PLACENTIA, CA 92870 714 - 637 -1550 Corporation organized under the laws of the State of CALIFORNIA 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: NONE All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: NONE For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; NONE Briefly summarize the parties' claims and defenses; NONE Have you ever had a contract terminated by the owner /agency? If so, explain. NO 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 lab compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Ye / o Are any claims or actions unresolved or outstanding? Yes / No 20 0 M 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. R.J. NOBLE COMPANY Bidder MICHEL J. CARVER, PRESIDENT (Print name of Owner or President of Corporation /Company) 7ut3 ' ed Signature/Title MICHAEL J. CARVER, PRESIDENT Title APRIL 4, 2006 Date Subscribed and swom to before me this 4th day of APRIL 2006. A „ [SEAL] 21 License Detail Page 1 of 3 License Detail CARNIA CONTRACTORS STATE LICENSE BOARD Contractor License # 782908 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: 04104/2006 * * * Business Information * * * R J NOBLE COMPANY P O BOX 620 ORANGE, CA 92856 Business Phone Number: (714) 637 -1550 Entity: Corporation Issue Date: 08/14/2000 Expire Date: 08/31/2006 * * * License Status * * * This license is current and active. All information below should be reviewed. http: / /www2.cslb.ca.gov /CSLB LIBRARY /Licensc+Detail.asp 04/04/2006 License Detail * * * Classifications * * * Class Description GENERAL ENGINEERING CONTRACTOR * * * Bonding Information * * * Page 2 of 3 CONTRACTOR'S BOND: This license filed Contractor's Bond number CLB2701357 in the amount of $10,000 with the bonding company • PLATTE RIVER INSURANCE COMA. Effective Date: 01/01/2004 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) MICHAEL JOSEPH CARVER 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: 08/14/2000 * * * Workers Compensation Information * * * This license has workers compensation insurance with the SEA _BRIGHT .INSURANCE COMPANY Policy Number: BB1050258 Effective Date: 07/01/2005 Expire Date: 07101/2006 Workers Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. Personnel,. List Other Li4enses http: / /www2.cslb.ca.gov /CSLB LIBRARY /License+Detail.asp 04 /04/2006 DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he /she or any other person associated therewith in the capacity of owner, partner, director, officer, manager: • is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; • has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; • does not have a proposed debarment pending; and • has not been indicted, convicted, or had a civil judgement rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. NONE Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. 22 • 1 0 NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. 23 • • DISCLOSURE OF LOBBYING ACTIVITIES 1. Type of Federal Action: NONE a. contract b. grant c. cooperative agreement d. loan e. loan guarantee f. loan insurance 2. Status of Federal Action: NONE a. bid /offer /aoDlication b. initial award c. post -award 4. Name and Address of Reporting Entity E] Prime Subawardee NONE Tier , if known Congressional District, if known 6. Federal Department/Agency: NONE 8. Federal Action Number, If known: NONE 3. Report Type: NONE a. initial b. material change For Material Change Only: year_ quarter date of last report 5. If Reporting Entity In No. 4 is Subawardee, Enter Name and Address of Prime: NONE Congressional District, if known 7. Federal Program Name /Description: NONE CFDA Number, if applicable 9. Award Amount, if known: NONE 10. a. Name and Address of Lobby Entity b. Individuals Performing Services (Including (If individual, last name, first name, MI) address if different from No. 1Oa) (last name, first name, MI) NONE NONE (attach Continuation Sheet(s) if necessary) 11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) $ NONE actual planned a. retainer NONE b. one -time fee 12. Form of Payment (check all that apply): c. commission 8 a. cash NONE d. contingent fee NONE b. in -kind; specify: nature a deferred value f. other, specify 14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11: NONE (attach Continuation Sheet(s) if necessary) 15. Continuation Sheet(s) attached: Yes 11 No El 16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of Signature: lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is Print Nam MICHAEL J. CARVER require d pursuant to 31 U.S.C. 1352. This information - — -- - will be reported to Congress semiannually and will be Title: PRESIDENT available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil 71.4- 637 -1550 penalty of not less than $10,000 and not more than Telephone No.: $100,000 for each such failure. Federal Use 24 Date:04 -04 -06 Authorized for Local Reproduction Standard Form - LLL INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352. The filing of a forth is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a contnuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. -Refer to the implementing guidance published by the Office of Management and Budget for additional Information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate dassification of this report If this is a follow -up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, _ previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization riling the report in Item 4 checks " Subawardee" then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District If known. 6. Enter the name of the Federal agency making the award or loan commitment Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application /proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP -DE -90 -001." - 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified to item 4 to influenced the covered Federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (Item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in -kind contribution, specify the nature and value of the in -kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying offdal shall sign and date the form, print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing Instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of Information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0346 - 0046), Washington, D.C. 20503. SF- LLL- Instrucdons Rev. 06- 04A0aENDIFn 25 0 0 LOCAL AGENCY BIDDER - DBE - INFORMATION This information may be submitted with your bid proposal. If it is not, and you are the apparent low bidder or the second or third low bidder, it must be submitted and received as specified in Section 2 -1.028 of the Special Provisions. Failure to submit the required DBE information will be grounds for finding the proposal nonresponsive. CO: RTE. -K.P.: STPL- 5151(018) CONTRACT NO.: 3785 BID AMOUNT:$ 911,669.50 BID OPENING DATE: APRIL 4, 2006 BIDDER'S NAME: R.J. NOBLE COMPANY DBE GOAL FROM CONTRACT: DBE PRIME CONTRACTOR CERTIFICATION': CONTRACT ITEM OF WORK AND DBE CERT. NO. NAME OF DBEs DOLLAR ITEM NO. DESCRIPTION OR SERVICES (Must be certified on the date AMOUNT TO BE SUBCONTRACTED OR bids are opened - include DBE' MATERIALS TO BE PROVIDED 2 DBE address and phone number PORTION CONCRETE CONSTRUCTION CT 001054 C.L. CONCRETE $81,868.00 OF 5,11,1 1034 W. GLADSTONE 13,14,15,:4 AZUSA, CA 91702 626- 334 -2357 25 TRAFFIC LOOPS CT 012886 TRAFFIC LOOPS $12,540.00 CRACKFILLING, INC. 946 S. EMERALD ST ANAHEIM, CA 92804 714 -520 -4026 21,22 ADJUST UTILITIES CT 024273 RAMIREZ CONSTRUCTION $3,150. 656 E. SAN BERNARD NO COVINA, CA 91723 626- 967 -5790 IMPORTANT: Identify all DBE firms being claimed for credit, Total Claimed $ 97,558.01 10.7 % regardless of tier. Copies of the DBE quotes are required. Names of the First Tier DBE Subcontractors and their respective item(s) of work listed above shall be consistent, where applicable, with the names and Participation items of work in the "List of Subcontractors" submitted with your bid pursuant to the Subcontractors Listing Law and Section 2 -1.01, "General," of the Special Provisions. 1. DBE prime contractors shall enter their DBE certification number. DBE prime lure of BW r 04 -04 -06 714- 637 -1550 contractors shall indicate all work to be perforated by DBEs including work performed by its own forces. 2. If 100% of item is not to be performed or furnished by DBE, describe exact portion Date (Area Code) Tel. No. of item to be performed or furnished by DBE. MICHAEL J. CARVER, PRESIDENT' 3. See Section 2 -1.02, "Disadvantaged Business Enterprise," to determine the credit Person to Contact (Please Type or Print) allowed for DBE firms. CT Bidder - DBE Information (Rev 09- 28 -99) 26 M • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION FROM UNIVERSITY DRIVE TO SOUTH BRISTOL STREET CONTRACT NO. 3785 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. E CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT r JAMBOREE ROAD REHABILITATION FROM UNIVERSITY DRIVE TO SOUTH BRISTOL STREET CONTRACT NO. 3785 CONTRACT THIS AGREEMENT, entered into thilday o+& 2006, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and R. J. Noble Company, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: JAMBOREE ROAD REHABILITATION FROM UNIVERSITY DRIVE TO SOUTH BRISTOL STREET This project involves grinding of existing pavement and overlaying with minimum 1 -inch AC leveling course and minimum 2 -inch ARHM surface course along Jamboree Road from University Drive to South Bristol Street. Concrete curb and gutters, driveway approaches, and curb ramps will also be replaced ( "Project ". ) Contract No. 3785 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. 3785, 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. 53 • 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 Nine Hundred Eleven Thousand, Six Hundred Sixty -Nine and 501100 Dollars ($911,669.50). 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: Michael J. Sinacori, P.E. (949) 644 -3342 R.J. Noble Company 15505 E. Lincoln Avenue Orange, CA 92865 714 -637 -1550 714 -637 -6321 Fax F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "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 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. 54 0 • Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto' and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 55 0 • 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurers liability. 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 56 • amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stoo 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. 57 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 shwa APPROVED AS TO FORM: Aaron C. Harp Assistant City Attorney 58 CITY OF NEWPORT A Municipal Cgrporati M CONTRACTOR By. (Corporate Officer) Title: PRESIDENT Print Name: MICHAEL J. CARVER By: financial Officer) Title: CHIEF FINANCIAL OFFICER Print Name: JAMES N. DUCOTE CALIFORNIA ALL- PURPOSPACKNOWLEDGMENT • State of CALIFORNIA County of ORANGE No. 59N On APRIL 7, 2006 before me, JENNIFER DE IONGH, NOTARY PUBLIC DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC" - personally appeared MICHAEL J. CARVER, PRESIDENT R. J. NOBLE COMPANY NAME SIGNER G JAMES N. DUCO,TF, CHIEF FINAN L OF CER R.J. NOBLE COMPANY ® personally known to me - OR . I II �rm/prf fn, Nme on the basis of satisfactory evidence to be the person(s) whose name(s) -ie /are subscribed to the within instrument and ac- knowledged to me that hefsMe /they executed the same in hisPi r /their authorized, capacity(ies), and that by Aisih& /their signature(s) on the instrument the person(s), JENNIFER DE IONGH NOTARY PUSUC - CALIFORNIA or the entity upon behalf of which the COMMISSION # 1446237 F ORANGE COUNTY M Comm. . October 28, 2007 person(s) acted, executed the instrument. WITNESS my hand and official seal. Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENRTY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 6236 Remmet Ave., P.O. Box 7164 • Canoga Perk, CA 91309 -7184 CERTIFICATOOF LIABILIY DATE INSU CE MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH 04 1/2 6 'RODUCER (949)$57 -4500 FAX (949)857 -4800 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Ni l l enni um Risk Management & Insurance Services License # 0[13480 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 5530 Trabuco Road LIMITS Irvine, CA 92620 INSURERS AFFORDING COVERAGE isuRED R. 3. Noble Co. INSURER A: Liberty Surplus Insurance Corp. /CRC 15505 Lincoln Ave. INSURER B: American States P. 0. Box 620 INSURER C: M" ftF10114=q Orange, CA 92865 -1015 INSURER D: INSURER E: 07 /01/2006 :OVERAGES 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. ISR R TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE DATE M POLICY EXPIRATION DATE MIDD1YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 11000 ,00 X COMMERCIALGENERALUABIUTY GLB0200108- 033 07/01/2005 07 /01/2006 FIRE DAMAGE (Any one fire) $ 50,00 CLAIMS MADE Fx—] OCCUR MED EXP (Any one person) $ Excluded A PERSONAL SADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2.000,-000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG $ 2,000,000 POLICY X PRD LOC JECT AUTOMOBILE LIABILITY ANY AUTO 10E91967130 07/01/2005 07/01/2006 COMBINED ident) SINGLE LIMIT Ea aedtlan0 $ 1,000,000 X BODILY INJURY (Per person) $ B ALL OWNED AUTOS SCHEDULED AUTOS BODILY kl Y ccMerd) (Per aeM) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY. AGG EXCESS LIABILITY EACH OCCURRENCE $ OCCUR FI CLAIMS MADE AGGREGATE $ S $ DEDUCTIBLE $ RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS'LIABILITY 81050258 07/01/2005 07/01/2006 X I TORYUATU H_ LIMBS I I ER E.L. EACH ACCIDENT $ 1,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,0 E.L. DISEASE - POLICY LIMIT $ 1,000,00 OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESMXCLUSnNS ADDED By ENDORSEMENTISPECIAL PROVISIONS Certificate Holder et al named as Additional Insured /Primary as respects General Liability per endorsement attached; Additional Insured as respects Auto Liability per endorsement CA 71351293; WC gaiver per endorsement WC D4 03 06 RE:R3N 3ob #91036, Contract# 3785, Jamboree road rehabilitation from University Dr. to south Bristol St. *10 day notice of cancellation in the event of non - payment of premium. CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUC"OTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY City of Newport Beach Certificate issued to City of Newport Beach 04/12/2006 Millennium Risk Management & Insurance Services Additional Insured(s): City of Newport Beach, its officers, agents, officials, employees and volunteers IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms.and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. i • POLICY NUMBER: 01 -CE- 919671 -30 CA 71 35 12 93 THIS ENDORSMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Endorsement effective 7(112005 Named Insured Countersigne .. R.J. Noble Co. (Authorized Rel5resentative) (/ Schedule (BLANKET WHERE REQUIRED BY WRITTEN CONTRACT) City of Newport Beach, public Works Department, !Vs officers, agents, officials, employees and volunteers. RJN Job# 91036, Contract#3785, Jamboree Rd. rehabilitation from University Dr. to S. Bristol St. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Under LIABILITY COVERAGE WHO IS AN INSURED is changed to include as an "insured" the person(s) or organization(s) shown in the Schedule, but only with respect to "bodily injury" or "property damage" resulting from the acts or omissions of: 1. You: 2. Any of your employees or agents; 3. Any person except the additional insured or any employee or agent of the additional insured, operating a covered "auto" with the permission of any of the above. B. The insurance afforded by this endorsement does not apply: To "bodily injury" or "property damage" arising out of the sole negligence of the person(s) or organization(s) shown in the Schedule. CA 71 35 12 93 Page 1 of 1 LSI. Corporation ]lcwt eT aU bui}' MUMI G,uup IabcM Swplus Insusaace Cotporarion ENDORSEMENT NO. 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Endorsement Effective Date: 07/01/2M Policy No: E61r110- 200108 -033 Insured: R.J. Noble Co. ADDITIONAL INSURED — OWNERS. LESSEES ORCONTRACTORS— COMPLETED OPERATIONS SCHEDULE City of Newport Beach, public Works Dept., it's officers, agents, officials ocatron and Vescription of omplete peratIons: On File with Insured RJN JoWgI 036, Contract #k3735, Jamboree Rd. rehabilitation from niversity D to S. Bristol St. 9f no entry appears above, inm fonndon required to complete this endorsement will be shown in the eclatations as applicable to this endorsement.) Section II — Who is 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 "your work" at the location designated and described in the Schedule of this endorsement performed for that insured and included in the "products- completed operations hazard". This endorsement does not change any other provision of the policy. CGL 10381103 0 y �a i� /rte a rx t'A s-^ -�: 3 -_ s y:, ep ns_;.,. .t;' x'.1 -3s�. s= s - g @ a-, r i iVE-11 � a OUX aW k 6� �EGrilmlF, FROM �9 �8 az„'1e:.; E'sL':. W— ZS's:u�H -- -^"•.- m:,1rC -:RMLL t 4vie the h2vit io r2:covw Gl +r pa',llmi to from, arsyul' -s liable fot" an hymy roverad by ffi& poiiyy, We wilt FF i znfzrce Gur it G. )i'i& the person or crg =ZEtI£ll1 nein in the v aCi °)£'=. �"1i;is agresinen% a, plies only to the event that you form work. unde� a .written contact that requires you to obtain this a,,reemsn" Four 11s,) u mull malntain payroll records, accurately seg- -gong Yoe remuneration of your emplrrye-es v hile en aged to the work scribed in the S&,edde, e additional premium for this endoisernvmt shall be 2% of the California workers' compensatian premium oftr wise due such remuneration. schedule Person or Organization Job Description WHERE REQUIRED BY WRIT EN CONTRACT, PROVIDED THE CONTRACT IS SIGNED AND DATED PRIOR TO THE DATE OF LOSS TO WHICH THIS WAIVER APPLIES. IN NO INSTANCE SHALL THE PROVISIONS AFFORDED BY THIS ENDORSEMENT BENEFIT ANY COMPANY OPERATINO AIRCRAFT FOR HIRE. This endorsement changes the policy to vAlich It Is attached s,Rd is effective on the date issued unless otiaervfse stated. (The infornmion below i3 requlree, av ly When this endomement le issued subMquent tca prepay -vffon o: the pollcy,) Endorsement Effective Insured Insurance Company t3tC 04 b% Jv 711105 polluy No. R.J. Nobie Company 5eMiight insurance Company fi u`3uC1ieC5kol "led BBIO50258 EndommentRo. 8 loolicv Effective Date 711105 ©% by it ;i Woikars` inn - rac, ee F, 3 ,?y L:Ire:.:V ai CsiS;.;�rriie. l_Y r;vit; Sra^.aw aG. LSI. Corporation �. iteorbe, of [berry bfunvl Gmup Liberty Surplus Insurance Corporation E ENDORSEMENT NO. 30 E THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Endorsement Effective Date: ELL 2005 Policy No: EGL -BO- 20010"33 Insured: PRIMARY INSURANCE CLAUSE ENDORSEMENT To the extent that this insurance is afforded to any additional insured under the policy, such insurance shall apply as primary and not contributing with any insurance carried by such additional insured, as required by written contract Nothing herein contained shall be held to waive, vary, alter or extend any condition or provision of the policy other than as above stated. This endorsement does not change any other provision of the policy. CGL 1031 0403 0 0 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -- CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from US.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be k % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description WHERE YOU ARE REQUIRED BY WRITTEN CONTRACT TO OBTAIN THIS AGREEMENT FROM US, PROVIDED THE CONTRACT IS SIGNED AND DATED PRIOR TO THE DATE OF LOSS TO WHICH THIS WAIVER APPLIES. IN NO INSTANCE SHALL , THE PROVISIONS AFFORDED BY THIS ENDORSEMENT BENEFIT ANY COMPANY OPERATING AIRCRAFT FOR HIRE. `The premium charge for this endorsement shall be 2% of the premium developed in the State of California, but not less than $500 policy minimum premium. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below is required only when this endorsement is Issued subsequent to preparation of the policy.) Endorsement Effective 07/01105 Policy No. B131050258 Endorsement No. 9 Insured R.J. Noble Company Policy Effective Date 07/01/05 Insurance Company SeaBright Insurance Company Countersigned By. WC 04 03 06 (Ed. 4-84) 01998 by the Workers' Compensation insurance Rating bureau of California. All rights reserved. RPR -14 -2006 08:36 FROM: T�19496443318 P.1 /1 fk Fax\_;! (vqq- 33p CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 7 f I6� Dept-/Contact Received From: krhaf4h'4 0 Date Completed: 00 Sent to: " Gt W!t 0. By Company /Person required to have certificate: RJ o6 GENERAL LIABILITY A. INSURANCE COMPANY: 414 rp GtiS 111k wat GG 6r B. AM BEST RATING (A: VII or greater): AXV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? 9-I ' ck Ana YOC� . E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? es. No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its // officers, officials, employees and volunteers): Is it included? H es ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): 0' Yes it included? iJ Yes ❑ No H. CAUTIONI (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by r negligence" wording? ❑ Yes 1!7 No I. NOTIFICATION OF CANCELLATION: Although there Is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. U. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: B. C. J)4'ies AM BEST RATING (A: VII or greater): ADMITTED COMPANY (Must be Cal'rfomia Admitted): Is Company admitted in California? LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? Yes ❑ No E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is N included? 9rYes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only); Is it included? U7A- ❑ Yes -,.o G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. M. WORKERS' COMPENSATION A. B. C. O. INSURANCE COMPANY: AM BEST RATING (A: VII or greater): sea 6r,-AAA 1 Yt LIMITS: Statutory WAIVER OF SUBROGATION (To include): Is it included? HAVE ALL ABOVE REQUIREMENTS BEEN MET? [E -NO, WHICH ITEMS NEED TO BE COMPLETED? Co . 0 Y ❑ No 7Yes ❑ No CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL CONTRACT NO. 3785 STPL -5151 (018) 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. 3785 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 V TMTY FTVF. THOTTSAWIlar5 and NO Cents Per Lump Sum 2. Lump Sum Traffic Control � "dDollars and kiD Cents Per Lump Sum 25,000.00 $ 25,000.00 $_5317-W-0.00 3. Lump Sum Install and Maintain Advisory Signs TWO THOUSAND U@ FIVE HUNDRED Dollars and NO Cents 2,500.00 $ 2,500.00 Per Lump Sum , PR2of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Surveying Services d7.ne rAA/5cln @ S"e? tk,4, rf Dollars and "49 Cents $ 9,700. Per Lump Sum 5. 300 SF PCC Sidewalk @ NINE Dollars FIFTY � and �e Cents $ 9.55 $ 2,865.00 Per Square Foot 6. 308,000 SF Cold Mill AC Pavement @ ZERO Dollars EIGHTEEN and Cents $ 0.18 $ 55,440.00 Per Square Foot 7. 13,000 SF Roadway Over Excavation and Backfill @ 5 X Dollars - and ny Cents $ (0'. L90 $ V oo_� Per Square Foot 8. 350 CY Misc. Median and Curb and Gutter Backfill @ THIRTY EIGHT Dollars SEVENTY SIX and Cents $ 38.76 $ 13,566.00 Per Cubic Yard 9. 1,900 TN Minimum 14nch Thick AC Leveling Course @ SIXTY SIX Dollars and NO Cents $ 66.00 $ 125,400.00 Per Ton C� PR3of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 4,200 TN Minimum 2 -Inch Thick ARHM Surface Course @ 5EVeohj f�ur Dollars and i=�Yt Cents Per Ton 11. 650 LF Remove/Replace Variable Height PCC Curb and Gutter (Type A) @ THIRTY EIGHT Dollars and NO Cents $ 38.00 $ 24,700.00 Per Linear Foot 12. 2,700 LF Remove/Replace Variable Height PCC Curb (Type B) @ TWENTY NINE Dollars NO and Cents $ 29.00 $ 78,300.00 Per Linear Foot 13. 6 LF Variable Height PCC Curb at New Median Curb Inlet @ TWENTY FIVE Dollars No and Cents $ 25.00 $ 150.00 Per Linear Foot 14. 27 SF 6 -Inch Thick PCC Apron @ TEN Dollars FIFTY Cuts $ 10.50 $ 283.50 Per Square Foot • • PR4of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 15. 10 LF Transition from Type B PCC Curb To Type A PCC Curb and Gutter @TWENTY FIVE Dollars and NO Cents $ 25.00 $ 250.00 Per Linear Foot 16. 1 EA Curb Inlet (Type OS) @EIGHT THOUSAND Dollars and NO Cents $ 8,000.00 $ 8,000.00 Per Each 17. Lump Sum Curb Inlet Local Depression ONE THOUSAND EIGHT @HUNDRED SIXTY Dollars and NO Cents 1,860.00 $ 1,860.00 Per Lump Sum 18. 6 LF Install 18 -Inch RCP (1500 -D) FIVE HUNDRED @TWENTY FIVE Dollars and No Cents $ 525.00 $ 3,150.00 Per Linear Foot 19. 1 EA Storm Drain Junction Structure FIVE THOUSAND @TWO HUNDRED Dollars and 140 Cents $ 5,200.00 $ 5,200.00 Per Each 20. 4,500 SF 4 -Inch Thick Stamped Integrally Colored Concrete @ >✓i�(?f Dollars and T� PiVe Cents $ S• as $ � Per Square Foot n u 1�1 PR5of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 21. 1 EA ReconstructlAdjust Manhole Frame and Cover to Grade ONE THOUSAND FIFTY @ Dollars and - NO Cents $ 1,050.00 $ 1,050.00 Per Each 22. 8 EA ReconstructlAdjust Water Valve Frame and Cover to Grade @ THREE HUNDRED Dollars and NO Cents $ 300.00 $ 2,400.00 Per Each 23. Lump Sum Raise Existing Catch Basin to Match Top of New Curb FOUR THOUSAND @5470 HUNDRED Dollars and NO Cents 4,200.00 $ 4,200.00 Per Lump Sum 24. 7 EA Remove /Replace Curb Access Ramp y� g @iryy % vsmd S" D �e s and 00 Cents $ 3 %Do, aO $ o?.S 00 4`0— Per Each 25. 66 EA Replace Traffic Signal Detector Loop @Two Auodrd reh Dollars and k10 Cents $ alD, $ 3 60"da Per Each 26. Lump Sum Install Pavement Striping, Markings, and Markers @TwCA47610 i"OdDollars and ho Cents $ `��,t7aD•� 0 0 PR6of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Per Lump Sum 27. Lump Sum Coordination of Landscape Improvements @TWO THOUSAND Dollars and NO Cents 2,000.00 $ 2,000.00 Per Lump Sum 28. Lump Sum As -Built Plans and DBE Certificaiton ONE THOUSAND @FIVE HUNDRED Dollars and NO Cents 1,500.00 $ 1,500.00 Per.Lump Sum TOTAL PRICE IN WRITTEN WORDS and _Cents APRIL 4, 2006 Date 714- 637- 15501714- 637 -6321 Bidders Telephone and Fax Numbers A- 782908 Bidder's License No(s). and Classification(s) $ 9fL6�q Total Price (Figures) R.J. NOBLE COMPANY Bidder adder s Autlibrized Signature and Title MICHAEL J. CARVER, PRESIDENT 15505 E. LINCOLN AVENUE, ORANGE, CA 92865 Bidders Address F: \Users\PBVV\Shared\Contracts \FY 05- 06IJAMBOREE RD REHAB C- 3785\PROP0SAL C-3785 - DLA.doc 0 0 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS JAMBOREE ROAD REHABILITATION FROM UNIVERSITY DRIVE TO SOUTH BRISTOL STREET CONTRACT NO. 3785 STPL -5151 (018) INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments 2 -12 FEDERAL REQUIREMENTS 2 -12.1 Award and Execution of Contract 2 -12.2 Labor Nondiscrimination 2 -12.3 Prevailing Wage 2 -12.4 Subcontractor and DBE Records 2 -12.9 DBE Certification Status 2 -12.10 Performance of DBE Subcontractors and Suppliers 2 -12.11 Subcontracting SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -2 PROTECTION 1 1 1 1 2 2 2 2 3 3 4 4 4 5 5 5 5 6 6 6 6 6 6 9 0 5 -7 ADJUSTMENTS TO GRADE 6 5 -8 SALVAGED MATERIALS 6 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 6 -7 TIME OF COMPLETION 7 6 -7.1 General 7 6 -7.2 Working Days 7 6 -7.4 Working Hours 7 6 -9 LIQUIDATED DAMAGES 8 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 8 7 -5 PERMITS 8 7 -7 COOPERATION AND COLLATERAL WORK 8 7 -8 PROJECT SITE MAINTENANCE 8 7 -8.5 Temporary Light, Power and Water 8 7 -8.6 Water Pollution Control 9 7 -8.6.1 Best Management Practices and Monitoring Program 9 7 -10 PUBLIC CONVENIENCE AND SAFETY 9 7 -10.1 Traffic and Access 9 7 -10.2 Storage of Equipment and Materials in Public Streets 10 7 -10.3 Street Closures, Detours, Barricades 10 7 -10.4 Public Safety 11 7- 10.4.1 Safety Orders 11 7 -10.5 "No Parking" Signs 11 7 -10.7 Notice to Residents and Temp Parking Permits 11 7 -15 CONTRACTOR LICENSES 11 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 12 SECTION 9 MEASUREMENT AND PAYMENT 12 9 -3 PAYMENT 12 9 -3.1 General 12 9 -3.2 Partial and Final Payment 16 0 0 PART 3 --- CONSTRUCTION METHODS SECTION 300 EARTHWORK 17 300 -1 PART 2-- CONSTRUCTION MATERIALS 17 SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 16 201 -1 PORTLAND CEMENT CONCRETE 16 201 -1.1.2 Concrete Specified by Class 16 201 -5 CEMENT MORTAR 16 201 -5.6 Quick Setting Grout 16 SECTION 214 PAVEMENT. MARKERS 16 214-4 NONREFLECTIVE PAVEMENT MARKERS 16 214-5 REFLECTIVE PAVEMENT MARKERS 16 SECTION 215 ADVISORY SIGNS 17 215 -1 GENERAL 17 PART 3 --- CONSTRUCTION METHODS SECTION 300 EARTHWORK 17 300 -1 CLEARING AND GRUBBING 17 300 -1.3 Removal and Disposal of Materials 17 300 -1.3.2 Requirements 17 300 -1.5 Solid Waste Diversion 17 SECTION 302 ROADWAY SURFACING 17 302 -5 ASPHALT CONCRETE PAVEMENT 17 302 -5.1 General 17 302 -5.3.1 Weedkill 18 302 -5.4 Tack Coat 18 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 18 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 18 303 -5.1 Requirements 18 303 -5.1.1 General 18 303 -5.4 Joints 18 303 -5.4.1 General 18 303 -5.5 Finishing 18 0 0 303 -5.5.2 Curb 18 303 -5.5.4 Gutter 18 SECTION 307 STREET LIGHTING AND TRAFFIC SIGNALS 19 307 -4 TRAFFIC SIGNAL CONSTRUCTION 19 307 -4.9.3 Inductive Loops 18 SECTION 310 PAINTING 19 310 -5 PAINTING VARIOUS SURFACES 19 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 19 310 -5.6.7 Layout, Alignment and Spotting 19 310 -5.6.8 Application of Paint 19 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 20 312 -1 PLACEMENT 20 PART 6 SECTION 600 MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES 20 600 -2 CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENTS — WET PROCESS 20 600 -2.1 Asphalt- Rubber 20 600 -2.1.1 General 20 600 -2 -6 Asphalt- Rubber Hot Mix Gap- Graded 20 600 -2.6.3 Rolling 20 F :\USERSIPBW1SharedlContracts\FY 05- 06UAMBOREE RD REHAB C- 3785\SPECS INDEX C-3785.doc • 0 SP 1 OF 20 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS CONTRACT NO. 3785 '15 `Nc W2 I Exp. STPL -5151 (018) INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R- 5901 -S); (3) the City's (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of mobilization, traffic control, construction notifications, survey services, curb and gutter, and roadway reconstruction, construct storm drain systems, and complete all other items of work as required on place. 2 -9 SURVEYING 2-9.3 Survey Service. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize /follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The design surveyor for this project is Walter F. Lundin, LS 7707 and can be contacted at (714) 740 -8840. 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 • 0 SP2OF20 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 Contractors Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. 2 -12 FEDERAL REQUIREMENTS 2 -12.1 AWARD AND EXECUTION OF CONTRACT The Bidder's attention is directed to the provisions in Section 3, "Award and Execution of Contract," of the Standard Specifications and these Special Provisions for the requirements and conditions concerning award and execution of contract. The award of the contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed and who has met the goal for DBE participation or has demonstrated, to the satisfaction of the City, adequate good faith efforts to do so. Meeting the goal for DBE participation or demonstrating to the satisfaction of the City, adequate good faith efforts to do so is a condition for being eligible for award of contract. 2 -12.2 LABOR NONDISCRIMINATION Attention is directed to the following Notice that is required by Chapter 5 of Division 4 of Title 2, California Code of Regulations. Your attention is called to the "Nondiscrimination Clause ", set forth in Section 7- 1.01A(4), "Labor Discrimination," of the Standard Specifications, which is applicable to all nonexempt state contracts and subcontracts, and to the "Standard California Nondiscrimination Construction Contract Specifications" set forth therein. The Specifications are applicable to all nonexempt state construction contracts and subcontracts of $5,000 or more. 0 2 -12.3 PREVAILING WAGE 9 SP3OF20 Attention is directed to Section 7- 1.01A(2), "Prevailing Wage," of the Caltrans Standard Specifications. The general prevailing wage rates determined by the Director of Industrial Relations, for the county in which the work is to be done, are attached and are available at the Public Works Department. Updates to the general prevailing wage rates are available at web site: http: / /frwebgate. access.gpo.gov /cgi -bi n /getdoc.cgi ?d bna me= Davis- Bacon &docid= CA20030035 2 -12.4 SUBCONTRACTOR AND DBE RECORDS The Contractor shall maintain records showing the name and business address of each first -tier subcontractor. The records shall also show the name and business address of every DBE subcontractor, DBE vendor of materials and DBE trucking company, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all of these firms. DBE prime contractors shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. Upon completion of the contract, a summary of these records shall be prepared on Form CEM- 2402(F) and certified correct by the Contractor or the Contractor's authorized representative, and shall be furnished to the Engineer. The form shall be furnished to the Engineer within forty -five (45) days from the date of construction completion. The amount of $10,000 will be withheld from payment until the Form CEM -2402 (F) is submitted. The amount will be returned to the Contractor when a satisfactory Form CEM -2402 (F) is submitted. Prior to the fifteenth of each month, the Contractor shall submit documentation to the Engineer showing the amount paid to DBE trucking companies listed in the Contractor's DBE information. This monthly documentation shall indicate the portion of the revenue paid to DBE trucking companies which is claimed toward DBE participation. The Contractor shall also obtain and submit documentation to the Engineer showing the amount paid by DBE trucking companies to all firms, including owner - operators, for the leasing of trucks. The DBE who leases trucks from a non -DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The records must confirm that the amount of credit claimed toward DBE participation conforms with Section 2 -1.02. The Contractor shall also obtain and submit documentation to the Engineer showing the truck number, owner's name, California Highway Patrol CA number, and if applicable, the DBE certification number of the owner of the truck for all trucks used during that month for which DBE participation will be claimed. This documentation shall be submitted on Form CEM -2404 (F). • 0 SP4OF20 2 -12.9 DBE CERTIFICATION STATUS If a DBE subcontractor is decertified during the life of the project, the decertified subcontractor shall notify the Contractor in writing with the date of decertification. If a subcontractor becomes a certified DBE during the life of the project, the subcontractor shall notify the Contractor in writing with the date of certification. The Contractor shall furnish the written documentation to the Engineer. Upon completion of the contract, Form CEM -2403 (F) indicating the DBE's existing certification status shall be signed and certified correct by the Contractor. The certified form shall be furnished to the Engineer within 90 days from the date of contract acceptance. 2 -12.10 PERFORMANCE OF DBE SUBCONTRACTORS AND SUPPLIERS The DBEs listed by the Contractor in response to the provisions in Section 2- 1.02B, "Submission of DBE Information," and Section 3, "Award and Execution of Contract," of these special provisions, which are determined by the City to be certified DBEs, shall perform the work and supply the materials for which they are listed, unless the Contractor has received prior written authorization to perform the work with other forces or to obtain the materials from other sources. Authorization to utilize other forces or sources of materials may be requested for the following reasons: A. The listed DBE, after having had a reasonable opportunity to do so, fails or refuses to execute a written contract, when such written contract, based upon the general terms, conditions, plans and specifications for the project, or on the terms of such subcontractor's or supplier's written bid, is presented by the Contractor. B. The listed DBE becomes bankrupt or insolvent. C. The listed DBE fails or refuses to perform his subcontract or furnish the listed materials. D. The Contractor stipulated that a bond was a condition of executing a subcontract and the listed DBE subcontractor fails or refuses to meet the bond requirements of the Contractor. E. The work performed by the listed subcontractor is substantially unsatisfactory and is not in substantial accordance with the plans and specifications, or the subcontractor is substantially delaying or disrupting the progress of the work. F. It would be in the best interest of the City. The Contractor shall not be entitled to any payment for such work or material unless it is performed or supplied by the listed DBE or by other forces (including those of the Contractor) pursuant to prior written authorization of the Engineer. 2 -12.11 SUBCONTRACTING Attention is directed to the provisions in Section 8 -1.01, "Subcontracting," and Section 2, "Proposal Requirements and Conditions," and Section 3, "Award and Execution of Contract," of the Caltrans Standard Specifications. Pursuant to the provisions in Section 1777.1 of the Labor Code, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a 0 0 SP5OF20 subcontractor on a public works project. This list of debarred contractors is available from the Department of Industrial Relations web site at ham: / /www.dir.ca.gov. /dir /Labor law /SLSE /Debar.html. The provisions in the third paragraph of Section 8 -1.01, "Subcontracting," of the Standard Specifications, that the Contractor shall perform with the Contractor's own organization contract work amounting to not less than 50 percent of the original contract price is not changed by the Federal Aid requirement specified under "Required Contract Provisions Federal -Aid Construction Contracts" in Section 14 of these special provisions that the Contractor perform not less than 30 percent of the original work with the Contractor's own organization Each subcontract and any lower tier subcontract that may in turn be shall include the "Required Contract Provisions Federal -Aid Construction Contracts" in Section 14 of these special provisions. This requirement shall be enforced as follows: A. Noncompliance shall be corrected. Payment for subcontracted work involved will be withheld from progress payments due, or to become due, until correction is made. Failure to comply may result in termination of the contract. SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 0 • SP6OF20 SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. SECTION 5--- UTILITIES 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust to finish grade City - owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The contractor will be required to contact Southern California Edison, The Gas Company, Pacific Bell, cable television, and other utilities to notify then of the facilities being adjusted to grade. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing City-owned sewer manhole, grade rings, water valve cans and covers, meter or valve box covers. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Operations Manager, at (949) 718 -3402. SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed." • 0 SP 7 OF 20 No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 45 consecutive working days after the date on the Notice to Proceed. " It shall be the Contractor's responsibility to ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 15r the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4 th , the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th and 25th (Christmas), and December 31st (New Year's Eve). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, his subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc. before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, he 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 6:00 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 • • SP8OF20 supplemental inspection costs of $123.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR 7 -5 PERMITS. Add to this section: "The Contractor shall follow the provisions of the City's Caltrans Permit contained in Appendix A of these Special Provisions and incorporated herein and pay for all necessary fees associated with the Caltrans requirements. 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Department. The City must approve any nighttime work in advance. 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." • SP9OF20 Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's web site at http://www.citv.newport - beach.ca.us /yubworks/links. htm." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter marine waters. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when sawcutting. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance, failure of the Contractor to follow BMP will result in immediate cleanup by City Forces and the back charging of the Contractor for all costs plus 15 percent. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accord with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." • • SP 10 OF 20 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may not be stored in streets, roads, or sidewalk areas without approval by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the storage area. The Contractor shall restore the storage area to its pre - construction condition. The Engineer may require new base and pavement if the pavement condition within the storage area has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. All traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), 2001 Edition. The Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. The traffic control and detour plans must meet the following requirements: 1. Access to all side streets shall be maintained at all times. 2. The Contractor shall not close more than one (1) traffic lane in either travel direction before 9:00 a.m. or after 3:00 p.m. on work days. 3. Emergency vehicle access shall be maintained at all times. 4. The locations and wording of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall assure that all pedestrian and vehicular traffic will be handled in a safe and efficient manner with minimum inconvenience to the public. 5. All advanced warning sign installations shall be reflectorized and /or lighted. 6. The Contractor shall provide solar - powered arrow boards and uniformed flag persons to direct traffic through the construction zone at all times. 7. In case of left turn pocket(s) closure, the affected traffic will be allowed to make u -tum at the next intersection. Every effort should be made to minimize left turn pocket closures. 0 7 -10.4 Public Safety • SP 11 OF 20 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division at (949) 644 -3717, for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING - TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Property Owners. Ten working days prior to starting work, the Contractor shall deliver a construction notice to the adjacent 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 any construction, the Contractor shall distribute to the adjacent residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the. Contractor shall possess a General "A" Engineering Contractor's License in the State of California. At the start of work and until completion of work, the Contractor • • SP 12 OF 20 and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and submitted to the Engineer at the time each progress bill is submitted. Upon completion of the project, the Contractor shall provide "As- Built" corrections upon a copy of the Plans. The "As- Built" plans shall be submitted to the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work to complete the item of work in place, including repairing all existing improvements damaged by the work and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP and construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs, obtaining a rider to the City's permit from Caltrans, and all costs incurred notifying residents. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, 2001 edition, and City of Newport Beach Requirements. • • SP 13 OF 20 Item No. 3 Install and Maintain Advisory Signs: Work under this item shall include the fabrication, placement, maintenance and removal of two (2) advisory signs placed at approximately 500' outside of the work limits on Jamboree Road in each traffic flow direction. Size of sign, lettering size and other information to be displayed on the sign will be as directed by the City Inspector. See Appendix B for example. In addition, four (4) digital message boards are to be installed on either side of work area as directed by the engineer. Item No. 4 Surveying Services: Work under this item shall include the cost of construction staking, preliminary grades, final grades, centerline ties, all horizontal alignment, survey monument adjustment, as -built field notes, filing of corner records, reestablishment of property comers disturbed by the work, and other survey items as required to complete the work in place. Item No. 5 PCC Sidewalk: Work under this item shall include the removal and disposal of existing sidewalk and reconstruction per CNB Std-1 80-L and all other work items as required to complete the work in place. Item No. 6 Cold Mill AC Pavement: Work under this item shall include cold milling the AC roadway to a depth below existing finished grade as shown on the drawings and all other work items as required to complete the work in place. Item No. 7 Roadway Over Excavation and Backfill: Work under this item shall include removal of existing pavement for proposed structural section and replacement with asphalt concrete pavement to thickness to match existing. The Contractor shall exercise due caution to avoid any damage to existing improvements to be protected in place. Any damage done by the Contractor and /or his equipment shall be repaired or replaced as called out in Section 7 -9 of the Standard Specifications at the Contractor's expense. Item No. 8 Miscellaneous Median and Curb and Gutter Backfill: Work under this item shall include the backfill with native material as required before placement of median curb and gutter. All backfill shall be compacted to a minimum of 95% compaction. Item No. 9 Minimum 1 -Inch Thick AC Leveling Course: Work under this item shall include crack sealing of all cracks that are wider than 1/8" in width, construction of A.C. leveling course, compaction, and all other work as required to complete the work as shown on the plans. Item No. 10 Minimum 2 -Inch Thick ARHM Surface Course: Work under this item shall include construction of 2" minimum thick ARHM pavement overlay, mechanical and manual compaction, and all other work items as required to complete the work in place. • • SP 14 OF 20 Item No. 11 Remove /Replace Variable Height PCC Curb and Gutter (Type A): Work under this item shall include removing and disposing of the existing curb and gutter, compacting subgrade, reconstructing curb openings of existing curb drains, constructing PCC curb and gutter, 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. Item No. 12 Remove /Replace Variable Height PCC Curb (Type B): Work under this item shall include removing and disposing of the existing curb, compacting subgrade, installing aggregate base underneath as shown on Improvement Plans, reconstructing curb openings of existing curb drains, constructing PCC curb, re- chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 13 Variable Height PCC Curb at New Median Curb Inlet: Work under this item shall include constructing variable height P.C.C. curb at new median curb inlet, and all other work items as required to complete the work in place. Item No. 14 6 -Inch Thick PCC Apron: Work under this item shall include constructing a PCC concrete apron at location shown on the plans, including subgrade compaction and all other work items as required to complete the work in place. Item No. 15 Transition From Type B PCC Curb to Type A PCC Curb and Gutter: Work under this item shall include removing and disposing of the existing curb, subgrade compaction, constructing transition from Type B PCC curb to Type A PCC curb and gutter, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 16 Curb Inlet (Type OS): Work under this item shall include the construction of PCC catch basins per CNB Std. 306 -L including, but not limited to, pavement removal, exposing utilities in advance of work, excavation, temporary shoring, bracing, patching or plating, control of ground and surface water, backfill, compaction, disposal of excess excavated materials, installation of base, basin, grade rings, manhole frames and covers, installation of "No Dumping — Drains to Bay /Ocean" decal, potholing of all utilities, make connections, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, and all other work items as required to complete the work in place. Item No. 17 Curb Inlet Local Depression: Work under this item shall include the construction of local depression per CNB Std. Plan 304 -L and all other work items as required to complete the work in place. Item No. 18 Install 18 -Inch RCP (1500 -D): Work under this item shall include installing all pipe material including, but not limited to, potholing of all existing facilities, pavement removal, exposing utilities in advance of pipe excavation operations, trench • • SP 15 OF 20 excavations, shoring, bracing, temporary patching or trench plates, controlling ground and surface water, installing pipe, installing external joint sealer, placing bedding and crushed miscellaneous base, compaction, fittings, connecting to existing facilities, removing, abandoning or protecting interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposing of excess excavation materials and all other work items as required to complete the work in place. Item No. 19 Storm Drain Junction Structure: Work under this item shall include, the construction of PCC junction structures per CNB Std-31 1-L including, but not limited to, pavement removal, exposing utilities in advance of work, excavation, temporary patching or plating, control of ground and surface water, backfill, compaction, disposal of excess excavated materials, installation of base, shaft, grade rings, manhole frames and covers, potholing of all existing utilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, and all other work items as required to complete the work in place. Item No. 20 4 -Inch Thick Stamped Integrally Colored Concrete: Work under this item shall include construction of 4" thick stamped concrete in median divider as detailed on plans. Removal of existing stamped concrete is included in Item No. 4. All backfill shall be completed to 95% compaction. Item No. 21 Reconstruct/Adjust Manhole Frame and Cover to Grade: Work under this item shall include reconstructing /adjusting all manhole frame and cover to grade and all other work items as required to complete the work in place. Item No. 22 Reconstruct/Adjust Water Valve Frame and Cover to Grade: Work under this item shall include reconstructing /adjusting all water valve frame and cover to grade and all other work items as required to complete the work in place. Item No. 23 Raise Existing Catch Basin to Match Top of New Curb: Work under this item shall include the reconstruction of existing catch basin top to match top of new curb, and all other work items as required to complete the work in place. Item No. 24 Remove /Replace Curb Access Ramp: Work under this item shall include removal and disposal of existing curb access ramps and reconstruction per City Standard Plan No 181 -L. Raised truncated domes shall be dark grey colored and shall be "Terrazo Tiles" as manufactured by Wausau Tile, Inc (715) 359 -3121 of Wisconsin or equal, and all other work items as required to complete the work in place. Item No. 25 Replace Traffic Detector Loops: Work under this item shall include all labor and material to install and connect traffic detector loops into existing termination pull box and all other work as required to complete the work shown on the plans and these Specifications. The Contractor shall notify the Engineer of deactivation of any existing loops one week prior to start of any work. 0 • SP 16 OF 20 Item No. 26 Install Pavement Striping, Markings and Markers: Work under this item shall include installing traffic striping, markings, and markers, and all other work items as required to complete the work in place. Item No. 27 Coordination of Landscape Improvements: Work under this item shall include coordination of landscape improvements with a City designated Contractor. The work by the City designated Contractor consists of re- grading of existing soil to new concrete grade and installation of new irrigation and landscape (turf replacement). Item No. 28 Provide As -Built Plans and DBE Certification: Work under this item shall include all actions necessary to provide as -built drawings and DBE Certification. These plans must be kept up to date and submitted to the engineer for review prior to monthly pay request. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE. MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall be Class 560 -C- 3250." 201 -5 CEMENT MORTAR 201 -5.6 Quick Setting Grout. Add to this section: "The Contractor shall grout the area between an existing reinforced concrete structure and the new storm drain pipe with a quick setting grout." SECTION 214 -- PAVEMENT MARKERS 2144 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." C� 0 SP 17 OF 20 SECTION 215 - -- ADVISORY SIGNS 215 -1 GENERAL Advisory signs shall be per detail enclosed within these Special Provisions Appendix B. However, the sign supports may be fabricated with lumber. PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." And replace the words "1' /z inch" of the last sentence with the words "two (2) inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 302 -- ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section: "The asphalt concrete (A.C.) used shall be 62 -AR -4000. All cracks '/< -inch or greater in width shall be cleaned and sealed with a hot - applied crack sealant approved by the Engineer. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted with a F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." • • SP 18 OF 20 302 -5.3.1 Weedkill. Contractor shall treat the finished subgrade with an approved weed - killer herbicide prior to placing the pavement section. 302 -5.4 Tack Coat. Add to this section: "Prior to placing the asphalt concrete patches, a tack coat of Type SS -1 h asphaltic emulsion at a rate not to exceed one — tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 303 -5.4 Joints 303 -5.4.1 General. Add to this section: "The Contractor shall make a sawcut parallel to the centerline of the alley, 2 feet along each side of centerline, over the entire length of the alley. The Contractor may also sawcut the property lines, adjacent to the alley, in lieu of scoring the pavement along the property lines or constructing an edged cold joint. All sawcuts shall be made to a depth of 2 inches." 303 -5.5 Finishing 303 -5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718 - 3402." 303 -5.5.4 Gutter. Add to this section: "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." 0 • SP 19 OF 20 SECTION 307 - -- STREET LIGHTING AND TRAFFIC SIGNALS 307-4 TRAFFIC SIGNAL CONSTRUCTION 307 -4.9.3 Inductive Loops. Amend this Section to include: "Traffic signal loop detectors shall be replaced per Caltrans Standard Plans ES -5A and ES -513 and shall be Type E. The new loop detectors shall be installed within the AC pavement final course. All installed loop detectors shall be completely functional to the satisfaction of the Engineer within five consecutive working days of AC pavement final course placement. SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: 'The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 112 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 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 refiectorzed thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.45 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re- install "NO PARKING, TOW -AWAY" signs and re- notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes /covers /damages existing striping and /or raised pavement markers outside of the work area, he shall re- stripe /replace such work items at no cost to the City. • • SP 20 OF 20 The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." SECTION 312 - -- PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT. Amend this section with: 1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD - 902 -L. 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry." PART 6 SECTION 600 - -- MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES 600 -2 CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENTS -WET PROCESS 600 -2.1 Asphalt- Rubber 600 -2.1.1 General. Add to this section: "Asphalt- rubber shall be type B." 600 -2.6 Asphalt- Rubber Hot Mix Gap- Graded 600 -2.6.3 Rolling. Add to this section: "Asphalt- Rubber Hot Mix (ARHM) Gap Graded material shall be compacted at or above 290 degrees Fahrenheit. Due to this requirement, the Contractor shall maintain three large self - propelled, vibrating steel wheel rollers, in working condition, on site to facilitate the initial breakdown rolling and intermediate rolling. The third roller will act as a stand -by in case of breakdown by one of the other rollers. Rubber tire rollers are not permitted. A minimum relative compaction of 95 percent is required. For each percentile less that the required 95 percent compaction the unit price for Item No. 10, Construct 2 -Inch Thick Asphalt Rubber Overlay, will be reduced by 10 percent. Any areas of roadway that does not have 90 percent relative compaction shall be removed, reinstalled and properly compacted at the Contract's sole expense." F :\Users \PBw\Shared\Contmcts \FY 05- 06WAMBOREE RD REHAB C-3785\SPECS C -3785 - DLA.doc 0 SPECIAL PROVISIONS /cl »ml ►117EI.1 Ll CITY'S CALTRANS PERMIT STATE'OF CALIFORNIA " DEPARTME — RANSPORTATION • ENCROACHMENT PERMI� TR -0120 (REV. 2/98) Permit In compliance with (Check one): 112 -ORA -1 -VAR IIl X Your application of SentCber 12. 2055 ❑ Utility Notice No. of ❑ September 12, 2005 General Provisions X Yes Fee Paid ❑ Agreement No. of j( EXEMPT TO CITY ❑ No special Provisions Performance Bond Amount (1) ❑ R/W Contract No. of No $ Bond Company Bond Number (1) TO: r� CITY OF NEWPORT BEACH 'l 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92663 M. SINACORI, UTILITIES ENGINEER 9491644 -3342 I $ PERMITTEE And subject to the following, PERMISSION IS HEREBY GRANTED to: Enter onto all conventional State highways (EXCLUDING FREEWAYS) within the Newport Beach city limits to perform routine maintenance and make emergency repairs to existing sewer, electrical and water facilities. All performed work shall be in accordance with current Caltrans Standard Specifications and Standard Plans, Section 600 (Utility Permits) of the Encroachment Permits Manual, and the attached Provisions. Permittee shall contact the State Permit Inspector shown on the attached Inspector Territories List between 7 AM and 9 AM a minimum of two working days prior to the start of routine work and as soon as possible for emergency repairs. Failure to comply with this requirement will result in suspension of this permit. When a Contractor is hired, Permittee's Contractor shall furnish the State with a signed application requesting a separate Caltrans "DP" permit authorizing the Contractor to perform the work within the State Highway right of way in Permittee's behalf. A deposit of $246.00 is requited at the time of application. are also included as (Check applicable) X Yes ❑ No General Provisions X Yes No Utility Maintenance Provisions j( Yes ❑ No special Provisions ❑ Yes ❑ No A Cal -OSHA permit required prior to beginning work; actual costs for: ❑ Yes X No Review ❑ Yes X No Inspection X Yes X NO Field Work (If any Caltrans effort expended)' U Yes u No The information in the environmental documentation has been reviewed and is considered prior to approval or this permit. This permit is void unless the work is complete before September 12, 2007. This permit is to be strictly construed and no other work other than specifically mentioned is hereby authorized. City of Newport Beach File: 05 -0443 HOSSEIN SHAKERI -State Permit Inspector SHAHRYAR DERAVI -State Permit Inspector Mtce (2) Prepared by Raouf Fam District City of Newport Beach • • 1205 -NUM- 0443 September, 12, 2005 AN APPROVED WATER POLLUTION CONTROL PROGRAM (WPCP) and WPCD (drawing) IS REQUIRED FOR ANY WORK INVOLVING EXCAVATION. In addition to the attached General Provisions (TR -0 045), the following Special Provisions are applicable: • Permittee shall contact the State Permit Inspector at least 48 hours prior to implementing traffic control which requires lane closures for any routine work, and as soon as possible for emergency work. • Whenever the work area is more than 1.83 m away from the adjacent traffic lane but within a designated shoulder or parking lane, a shoulder closure or parking lane closure acceptable to Caltrans shall be utilized. • Personal vehicles of the Contractor's employees shall not be parked on paved shoulders or traveled way within the limits of this work. • All components of the traffic control system shall be removed from the traveled way and paved shoulders at the end of the each work period. • Orange vests and hard hats shall be worn at all times while working within State right -of -way. • Except during emergencies, the full width of traveled way shall be open for use by public traffic on Saturdays, Sundays and designated legal holidays, after 3:00 PM on Fridays and on the day preceding designated legal holidays, and when construction operations are not actively in progress. In case of any discrepancy between Permittee's Permit Plans and these Permit Special Provisions, these Special Provisions shall prevail. • Unless otherwise approved by the Permits Representative, no work that interferes with public traffic shall be performed on weekdays between 6:00 AM and 9:00 AM, or between 3:00 PM and 6:30 PM. • Immediately following completion of the work permitted herein, Permittee shall fax to 9491724 -2265 the Permit Number, completion date and the signature of Permittee's Representative to close this file. Page 2 of 2 C E S TATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION STANDARD ENCROACHMENT PERMIT APPLICATION TR -0100 .(REV. 0212004) PERMIT NO. Permission is requested to encroach on the 'Stale . highway right -of -way as follows; via rwrnt error (Complete all BOXES (write N/A if not applicable]) —� This application is not complete until all requirements have been approved. SIMPLEX STAMP Page 1 S nluM_o 1. COUNTY 3. ROUTE 3.POSTMILE 1.G 67 11 G ORANGE VARIOUS VARIOUS _ 4. ADDRESS OR STREET NAME 5. CITY CITY OF NEWPORT BEACH 6. CROSS STREET (Distance and direction from site) i.PORTIONOFRIGHT -OF -WAY DATE OF SIMPLEX STAMP q �n lO� L N/A r 8. WORK TO BE PERFORMED BY 9, EST. START DATE 10. EST. COMPLETION DATE ® OWN FORCES m CONTRACTOR Annual Permit 11. MAX.DEPTH AVG. DEPTH AVG. WIDTH LENGTH SURFACE TYPE 12. EST, COST IN STATE RAN EXCAVATION 13. DIAMETER VOLTAGE I PSIG 14. CALTRANS PROJECTE.A. NUMBER PIPES IPRODUCTTYPE 15. ❑ Double Permit Parent Permit Number Applicant's Reference Number t Utility Work Order Number 16. Have your plans been reviewed by another Caltrans branch? NO.❑ YES[:] (If "YES-) Who? 17. Completely describe work to be done within STATE highway right -of -way : Attach 6 complete sets of FOLDED plans. (folded 8.5 x 11" 1216 mm x 280 mm]), and any applicable specifications, calculations, . maps, etc. Y All dimensions shall be in dual units (English and metric), OR exclusively in metric units. Permit application for work in State right of way for maintenance, emergency repairs, and /or minor replacement of existing water, sewer, or electrical facilities installed by developers Or contractors. This permit application is also requesting permission to allow potholing for existing facilities, and minor lane closures for adjacent city road improvement projects. 18. Is a city, county, or other agency involved in the approval of this project? © YES (U "YES', check type o(project and attach environmental documentation and conditions of approval. ) ❑ COMMERCIALOEVELOPMENT ❑ BUILDING ❑GRADING ❑ OTHER ® CATEGORICALLY EXEMPT ❑ NEGATIVE DECLARATION ❑ ENVIRONMENTAL IMPACT REPORT ❑ OTHER ❑ NO (IF "NO ", please check the category below which best describes the project, and complete page 4 of this application.) ❑ DRIVEWAY OR ROAD APPROACH, RECONSTRUCTION. MAINTENANCE, OR RESURFACING ❑ FENCE ❑ PUBLIC UTILITY MODIFICATIONS, EXTENSIONS, HOOKUPS ❑ MAILBOX ❑ FLAGS, SIGNS. BANNERS. DECORATIONS, PARADES AND CELEBRATIONS ❑ EROSION CONTROL ❑ OTHER ❑ LANDSCAPING 19; Will this project cause a substantial change in the significance of a historical resource (45 years or older), or cultural resource? ❑ YES [Z NO (If "YES ", provide a description) 20. Is Iris project an an existing highway or street where the activity involves removal of a scenic resource including a significant tree or stand of trees, a rock outcropping or a historic building? ❑ YES 0 NO (It - YES - .provide a, description) 21. Is work being done on applicants property? [:) YES [Z NO (if-YES'. attach site and grading plans.) ADA NOTICE: : Par individuals wirh sensory disabilities, this doeumem is ova iiable is aherwre formats. For information call (916) 654.6410 or Too (916) 654 -3880 or write io Rccotds and FonnslManagmnent, 1120 N Strect, MS -89, Sacrunicmo, CA 95914 STATE OFCALIFORN IA- DEPARTMENT OF TRANSPORTATION Page 2 STANDARD ENCROACHMENT PERMIT APPLICATION TR -0100 (REV. 02/2004) r '-/n-4-r3 — f 1 uh4 / 22. Will this proposed project require the disturbance of soil within highway right -of -way? m YES ❑ NO If "YES'. estimate the area in square feet AND acres: 300 (Varies wl repairs) (fl') 0.1 (acres) 23. Will this proposed project require dewatering? 0 YES ❑ NO If 'YES', estimate daily volume in gallons per day: minor If required (gpd) 24. How will any storm water or ground water be disposed of from within or near the limits of this proposed project? ❑Storm Drain System [2 Combined Sewer I Storm System ❑Storm Water Relanfton Basin ❑Other (explain): PLEASE READ THEFOLLOWING CLAUSES PRIOR TO SIGNING THIS ENCROACHMENTPERMITAPPLICATIO .. The applicant understands and herein agrees to that an encroachment permit can be denied, and/or a bond requiredfornon- paymentofpriororpresentencroachmentpermitfees. Encroachment Permit feesmaysttllbe due when an application is withdrawn or denied, and that a denial may be appealed, in accordance with the California Streets and Highways Code, Section 671.5. All work shall be done in accordance with Caltrans rules and regulations subject to inspection and approval. The applicant, understands and herein agrees to thegeneral provisions, special provisions and conditions of the encroachment permit, and to indemnify and hold harmless the State, its officers, directors, agents, employees and each of them ( /ndemnitees) from and against anyand all claims, demands, causes of action, damages, costs, expenses, actual attorneys'fees, judgments, losses and liabilities ofevery kind and nature whatsoever (Claims) arising out oforin connection with the issuance and /or use of this encroachment permitfor. l) bodifyinjuryand/ or death to persons including but not limited to the Applicant, the State and its officers, directors, agents and employees, the Indemnities, and the public; and2) damage to property of anyone. Except as provided bylaw, the indemnification provisions stated above shall apply regardless of the existence or degree of fault of Indemnities. The Applicant, however, shall not be obligated to indemnify Indemnities for Claims arising from conduct delineated in Civil Code Section 2782. DISCHARGES OF STORM WATER AND NON -STORM WATER: Work within State highway right -of -way shall be conducted in compliance with all applicable requirements of the National Pollutant Discharge Elimination System (NPDES) permitissued to the Departmentof Transportation (Department), to govern the discharge ofstorm waterandnon- storm water-from its properties. Workshallalso bein compliance with allotherapplicable Federal, State and Locallaws and regulations, and with the Department's Encroachment Permits Manual and encroachment permit. Compliance with the Departments NPDES permit requires amongst other things, the preparation and submission ofa Storm WaterPollution Protection Plan (SWPPP), ora Water Pollution Control Program (WPCP), and the approval of same by the appropriate reviewing authority prior to the start of any work. Information on the requirements mayalso bereviewedon the Department's Construction Website at: ho.,Ilwww, dot. ca .govIbo %onstruc /stor nwaterl.htm 25. NAME of APPLICANT or ORGANIZATION (Printor Type) IE- MAILAUDRES5 CITY OF NEWPORT BEACH ADDRESS of APPLICANT or ORGANIZATION WHERE PERMIT IS TO BE MAILED flm,lade City and Zip Code) 3300 NEWPORT BOULEVARD, NEWPORT BEACH, CA 92663 PHONE NUMBER FAXNUMBER (949) 644 -3311 (949)644 -3308 26. NAME of AUTHORIZED AGENT I ENGINEER (Print or Type) ISLETTEROFAUTHORIZATiONATTACHED .E -MAIL ADDRESS MICHAEL J. SINACORI 1 ❑ YES ❑ No I msinacori@city.newport - beactl.ca.l 3300 NEWPORT BOULEVARD, N PHONE NUMBER FAXNUMBER (949) 644 -3342 (949)644 -3308 or oR NILITIDN [tl. rmn vn I TrC Home r _ MICHAEL J. SINACORI UTILITIES ENG. 9/02/2005 ® 0 STATE OF CALIFORNIA• DEPARTMENT OF TRANSPORTATION STANDARD ENCROACHMENT PERMIT APPLICATION TR -0100 (REV. 02 /2004) Page 3 PERMITNUMBER 26J - t-- "�.a.A r'n r ayMk", t �,�srr., -rz vx�v - w+m3„a.. -"�, ..c -awf- a,. r S __ k., ...FEExCALGULATION r;FORyC ALTAR 4tdS USE> ❑ CASH ❑ CREDITCARD NAME ON CARD PHONE NUMBER _,❑ CHECK NUMBER NAMEONCHECK PHONENUMBER �(. EXEMPT ❑ PROJECT EA ❑ DEFERRED BILLING(U61ity) CALCULATED BY (1) (2) REVIEW 1. HOURS @ $ 2. HOURS @ $ 1. FEE 1 DEPOSIT $ DATE 2. FEE I DEPOSIT $ DATE TOTAL FEE / DEPOSIT $ S INSPECTION I. HOURS @ $ 2. HOURS @ $ 1. FEE / DEPOSIT $ DATE 2. FEE f DEPOSIT $ DATE TOTAL FEE I DEPOSIT $ $ FIELDWORK HOURS @ S $ $ $ EQUIPMENT & MATERIALS DEPOSIT DATE DEPOSIT DATE DEPOSIT CASH DEPOSIT IN LIEU OF BOND $ $ $ TOTAL COLLECTED g $ CASHIER'S INITIALS g 'The current hourly rate is set annually by hleadquaders Accounting.. District Of ice staff do not have authority to modify this rate. PERFORMANCEBOND ❑ DATE $MOUNT PAYMENTBOND ❑ DATE AMOUNT LIABILITY INSURANCE REQUIRED? ❑ YES ❑ NO AMOUNT r� u • STATE OF CALIFORNIA- DEPARTMENT OFTRANSPORTATION Page 4 STANDARD ENCROACHMENT PERMIT APPLICATION �/ PJ 1 r� TR -0100 (REV. 02/2004) 1 `/ — 0; 1-4 _ INSTRUCTIONS for completing page 4 This page needs to be completed when the proposed project DOES NOT Involve a City, County or other public agency. Youranswers tothese questions will assist departmental staff in identifying any physical, biological, social oreconomicresources that maybe affected byyourproposed projectwithin the State highway right -of -way. And, to determine which type of environmental studies maybe required to approve yourapplication loran encroachment permit. It is the applicant's responsibility forthe production ofall required environmental documentation and supportingstudies, in some cases this maybe costly and time - consuming. If possible, attach photographs of the location of the proposed project. Please answerthese questions to the best of your ability. Provide a description of any "YES" answers (type, name, number, etc.) 1. Will any existing vegetation 'andlor landscaping within the highway right -of -way be disturbed? no 2. Will the proposed project involve anv soil disturbance within highway rtghtof -way (trenching or excavation)? 3. Are there waterways (river, creek, pond, natural pool or dry stmombed) adjacent to or within the limits of the project or highway right -of -way? 4. Is the proposed project located within five miles of the coast line? yes 5. Will the proposed project generate construction noise levels greater than 66 dBA (i.e. jack - hammering, pile driving)? 0 6. Will the proposed project incorporate land from a public park, recreation area or wildlife refuge open to the public? 7. Are there any recreational trails or paths within the limits of the proposed project or highway rightof -way? no S. Will the proposed project impact any structures, buildings, rail lines, or bridges within highway right -of -way? no 9. Will the proposed project impact access to any businesses or residences? no 10. Will the proposed project impact any existing public utilities or public services? no 11. Wiil the proposed project impact existing pedestrian facilities, such as sidewalks, crosswalks, or overcrossings? no 12. Will new lighting be constructed within or adjacent to highway right -of -way? no 0 0 STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION ENCROACHMENT PERMIT ANNUAL UTILITY PROVISIONS TR - 0160 (Rev. 2/94) Any public utility or public corporation who lawfully maintains a utility encroachment, or their agent, may perform routine or emergency maintenance on such facility in accordance with the following provisions: . UEI. EXCLUSIONS: These provisions do not authorize tree trimming, work on freeways, expressways, aerial capacity increase on designated "Scenic Highways ", or other activities not specifically provided for in this permit. UE2. POSSESSION OF PERMIT REQUIRED: The permit or a copy thereof shall be kept at the site of the work and must be shown to any representative of the Department or any law enforcement officer on demand. WORK SHALL BE SUSPENDED IF PERMTT IS NOT AT JOB SITE AS PROVIDED. UE3. NOTICE REQUIRED: Before starting work, the permittee shall notify the Department's representative. In emergencies, the Department's representative shall be notified as soon as possible. UE4. STANDARDS OF WORK: All work shall conform to recognized standards of utility construction and Department's current Standard Specifications. UE5. EMERGENCY REPAIRS: The permittee may [Hake emergency repairs, altering traffic flow, excavating through improved surfaces, only when breaks in the conduit, cable, or pipeline over or under the pavement present a definite public hazard or serious interruption of essential service. In such cases, the Department's representative shall be notified immediately. UE6. OPEN EXCAVATIONS: No excavation shall be left open after daylight hours, unless specifically authorized and adequate protection for traffic is provided in accordance with general provisions, 'Protection of Traffic ". Backfill and pavement replacement shall be performed in accordance with General Provisions, "Restoration and Repairs in Rights of Way ". UE7, TRAFFIC CONTROL HOURS: Work requiring traffic control shall be conducted between 9:00 a.m. and 3:00 p.m. or as otherwise authorized by the Department's representative. UEK WORK PERMITTED - AERIAL: Install additional capacity (in the same location), except facilities over the traveled way on designated "Scenic Highways ", or on Structures. 2. Maintain, inspect, remove, repair or replace (in the same location) all aerial facilities except over the traveled way or on Structures. EPW owl 3. Perform insulator washing and interconnect splicing of cables. 4. Install or remove service connecti6ns with potential to ground of 300 volts or less, except over the traveled way. 5. Install, maintain, remove, repair or replace aerial service connections with potential to ground of 300 volts or less, over the traveled way when specifically stated in permit. 6. Installations and clearances shall be equal to those required by either the State of California Public Utilities Commission orders or the California Occupational Safety and Health Regulations (CAL - OSHA), Division of Industrial Safety, Safety Orders, promulgated in the California Code of Regulations, Title 8, Chapter 4, whichever is greater. UE9, WORK PERMITTED - UNDERGROUND: 1. Maintain, inspect, remove, repair or replace (in the same location) all underground facilities except those requiring trenching in the traveled way. 2. Install additional capacity in existing ducts except for facilities not in compliance with the Department's current 'Manual on High and Low Risk Facilities within Highway Rights of Way' or on Structures. 3. Install air flow monitoring transducers and piping in existing ducts. 4. Barholing, potholing, cleaning, rodding and placing Float ropes. 5. Adjust access cover to grade and replace in kind or with larger size pull boxes. 6. Interconnect splicing of cables. 7. Install service connections perpendicular to the highway using jacking and boring methods under the traveled way. Electrical service is restricted to a potential to ground of 300 volts or less. Gas and domestic water services are restricted to 5.08 centimeter (2 ") in diameter or less. 8. Permanent pavement patching for work authorized by this permit. UE10. FAILURE TO COMPLY: Failure to comply with the terms and conditions above shall be grounds for -- revocation of this permit. STATE OF CALIFORNIA " DEPARTMENT OF TRANSPORTATION ENCROACHMENT PERMIT UTIL" MAINTENANCE PROVISIONS TR -0161 (REV. 2/94) Any public utility or public corporation who lawfully maintains a utility encroachment, or their agent may perform routine or emergency maintenance on such facility in accordance with the following provisions (unless updated at some future time, thence the future provisions shall govern): UM-1. Exclusions: These provisions do not authorize tree trimming, work on freeways, expressways, or other activities not specifically provided foe in this permit. UM2. Possession of Permit Required: The permit or a copy thereof shall be kept at the site of the work and must be shown to any representative of the Department or any law enforcement officer on demand. WORK SHALL BE SUSPENDED IF PERMIT IS NOT AT JOB SITE AS-PROVIDED. UM3. Notice Rgquired: Before starting work, the permittee shall notify the Department's representative. In emergencies, the Department's representable shall be notified as soon as possible. UM4. Standard of Work: All work shall conform to recognized standards of utility construction and the Department's current Standard Specifications. UM5. Emergency Repairs: The permittee may make emergency repairs, altering traffic flow, excavating through improved surfaces, only when breaks in the conduit, cable, or pipeline over or under the pavement present a definite public hazard or serious interruption of essential service. In such cases, the Department's representative shall be notified immediately. UM6. Open Excavations: No excavation shall be left open after daylight hours, unless specifically authorized and adequate protection for traffic is .provided in accordance with the General Provisions "Protection of Traffic ". Backffll and pavement replacement shall be performed in accordance with the applicable General Provisions (i.e., "Making Repairs ", "Backlflling"). UM7. Service Connection: These provisions do not authorize installation of conduit, cable, gas, or water service connections within State highway right -of- way, regardless of the location of the main, existing conduit or cable. All new underground or pipe abandon services must be covered by individual permits. See Section "UM8.4." regarding service connections for aerial wires. .....:... coon rvinn . ... ... ......,- ..._.. .. UM8. Routine Inspection, and Maintenance: 1. Routine Maintenance and Inspection: Routine maintenance and inspection on the roadbed shall be conducted between 9:00 a-m. and 3:00 p.m., or as otherwise authorized in writing by the Depart ment's representative. 2. Manholes: The permittee may open existing manholes to repair underground cables. Where the manhole lies within the improved surface of the highway, the permittee will provide adequate protection for traffic in accordance with the General Provisions "Protection of Traffic'. 3. Fxcavations: Excavations . for routine inspection and repair of pipeline and cables shall: a. Not be made in improved surfaces, landscaped areas or closer than 3.04 meter (10') to the edge of the pavement without a special permit; and b. Not uncover more than 15.24 meter (50') of line at any one time. 4. Pges, Lines: Permittee is authorized to: a. Stub, or reset existing pole, provided no change in location of pole or anchor is made. Stubs and anchors must not be placed between existing. pole and traveled way. b. Replace poles, guy poles, and crossarms in same location limited to two (2) consecutive poles. No additional poles or guy poles are authorized under this routine maintenance provision. c. Replace broken pins and insulators, repair broken wires, pull slack wires, and replace or pull broken or slack guys. d. Repair and complete transfer work on existing aerial cables. e. Install new and replace existing transformers on existing poles. f. Replace aerial wires and crossarms on existing poles except where wires cross the highway. Unless otherwise specifically required by the Department, protected cable, tree wire or plastic tree wire guard used for communication lines may be used through trees where necessary, provided the appearance of the tree or the tree itself will not be damaged. This section "f." does not apply to scenic highways. g. Installations and clearances shall be equal to those required by either the California Public utilities Commission Orders or the California Occupational Safety and Health (CAL -OSHA) Safety Orders, whichever is greater. h. Clear grass from around base of poles and excavate 0 STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION ENCROACHMENT PERMIT GENERAL PROVISIONS TR -0045 (REV. 082004) AUTHORITY: The Department's authority to issue encroachment 12. .permits is provided under, Div. 1, Chpt. 3, Art. 1, Sect. 660 to 734 of the Streets and Highways Code. REVOCATION: Encroachment permits are revocable on five days notice unless otherwise stated on the permit and except as provided by law for public corporations, franchise holders, and utilities. These General Provisions and the Encroachment Permit Utility Provisions are subject to modification or abrogation at any time. Permittees' joint use agreements, franchise rights, reserved rights or any other agreements for operating purposes in State highway right of way are exceptions to this revocation. 3. DENIAL FOR NONPAYMENT OF FEES: Failure to pay pennit fees when due can result in rejection of future applications and denial of permits. 4. ASSIGNMENT: No party other than the pennittee or permittce's aulhorimd agenrt is allowed to work under this permit. 51 ACCEPTANCE OF PROVISIONS: Pemritee understands and agrees to accept these General Provisions and all attachments to this permit, for any work to be performed under this permit. 6. BEGINNING OF WORK: When traffic is not impacted (see Number 35), the permittee shall notify the Department's representative, two (2) days before the intent to start permitted work. Permittee shall notify the Department's Representative if the work is to be htterrupled for a period of five (5) days or more, unless otherwise agreed upon. All work shall be performed on weekdays during regular work hours, excluding holidays, unless otherwise specified in this permit. 7. STANDARDS OF CONSTRUCTION: All work performed within highway right or way shall conform to recognized construction standards and current Department Standard Specifications, Department Standard Plans High and Low Risk Facility Specifications, and Utility Special Provisions. Where.reference is made to "Contractor and Engineer," these are amended to be read as "Penninee and Department representative." 8. PLAN CHANGES: Changes to plans, specifications, and permit provisions are not allowed without prior approval from the State representative. 9. INSPECTION AND APPROVAL: All work is subject to monitoring and inspection. Upon completion of work, pennittee shall request a final inspection for acceptance and approval by the Department. The local agency pennittee shall not give final construction approval to its contractor until final acceptance and approval by the Department is obtained. 10. PERMIT AT WORKSITE: Pemrittee shall keep the permit package or a copy thereof, at the work site and show it upon request to any Department representative or law enforcement officer. If the permit package is not kept and made available at the work site, the work shall be suspended. IL CONFLICTING ENCROACHMENTS: Pennittee shall yield start of work to ongoing, prior authorized, work adjacent to or within the limits of the project site. When existing encroachments conflict with new work, the pemtittee shall bear all cost for rearrangements, relocation, alteration, removal, etc.). 13. 14. 15. 0 PERMITS FROM OTHER AGENCIES: This permit is invalidated if the permittee has not obtained all permits necessary and required by law, front the Public Utilities Commission of the State of California (PUC), California Occupational Safety and Health Administration (Cal- OSHA), or any other public agency havingjurisdiction. PEDESTRIAN AND BICYCLIST SAFETY: A safe minimum passageway of 4' (1.21 meter) shall be maintained through the work area at existing pedestrian or bicycle facilities. At no time shall pedestrians be diverted auto a portion of the street used for vehicular traffic. At locations where safe alternate passageways cannot be provided, appropriate signs and barricades shall be installed at the limits of construction and in advance of the limits of construction at the nearest crosswalk or intersection to detour pedestrians to facilities across the street. PUBLIC TRAFFIC CONTROL: As required by law, the permittee shall provide traffic control protection warning signs, lights, safety devices, me., and take all other measures necessary for traveling public's safety. Day and night time lane closures shall comply with the MUTCD and CA Supplement (Part 6, Temporary Traffic Control), Standard Plans, and Standard Specifications for traffic control systems. These General Provisions are not intended to impose upon the pormiltee, by third parties, any duty or standard of care, greater Ouan or different from, as required by law. MINIMUM INTERFERENCE WITH TRAFFIC: Permittee shall plan and conduct work so as to create the least possible inconvenience to the traveling public; traffic shall not be unreasonably delayed. On conventional highways, pennittee shall place properly attired 0agger(s) to stop or wam the traveling public in compliance with the MUTCD and CA Supplement (Chapter 6E, Flagger Control). , 16. STORAGE OF EQUIPMENT AND MATERIALS: The storage of equipment or materials is not allowed within Stale highway right -of- way, unless specified within the Special Provisions of,this specific encroachment permit. If Encroachment Permit Special Provision's all6w, for the storage of equipment or materials within the Slate right of way, the equipment and material storage shall comply with Standard Specifications, Standard Plans, Special Provisions, and the Highway . Design Manual. The clear recovery zone widths must be followed and 'are the minimum desirable for the type of facility indicated below: freeways and expressways -9 m, conventional highways (no curbs) -6 m, conventional highways (with curbs)- 0.3 m. If a fixed object cannot be eliminated, moved outside the clear recovery zone, or modified to be made yielding, it should be shielded by a guardrail or a crash cushion. 17. CARE OF DRAINAGE: Permitee shall provide alternate drainage for any work interfering with an existing drainage facility in compliance with the Standard Specifications, Standard Plans and/or as directed by the Department's representative. 18. RESTORATION AND REPAIRS IN RIGHT OF WAY: Pennittee is responsible for restoration and repair of State highway right of way resulting from permitted work (State Streets and Highways Code, Sections 670 et. seq.). 19. RIGHT OF WAY CLEAN UP: Upon completion of work, pennittee shall remove and dispose of all scraps, brush, limber, materials, etc. off the right of way, The aesthetics of tht highway shall be as it was before work started. 20. 21. 0 COST OF WORK: Unless stated in the permit, or a separate written agreement, the permittee shall bear all costs incurred for work within the State right of way and waives all claims for indemnification or contribution from the Stale. ACTUAL COST BILLING: When specified in the permit, the Department will bill the permince actual costs at the currently set hourly rate for utcroactunent permits. 22 AS -BUILT PLANS: When required, perminee shall submit one (1) set of as -built plans within thirty (30) days after completion and 25. approval of work in compliance with requirements listed as follows: 23. 24. 1. Upon completion of the work provided herein, the permittee shall send one vellum or paper set of As -Built plans, to the Stale representative. Mylar or paper sepia plans are not acceptable. 2. All changes in the work will be shown on the plans, as issued with the permit, including changes approved by Encroachment Permit Rider. 3. The plans are to be stamped or otherwise noted AS -BUILT by the permittes's representative who was responsible for overseeing the work. Any original plan that was approved with a State stamp, or Callrans representative signature, shall be used for producing the As- Built plans. 4. If As -Built plans include signing or striping, the dates of signing or striping removal, relocation, or installation shall be shown on the plans when required as a condition of the permit. When the construction plans show signing and striping for staged construction on separate sheets, the sheet for each stage shall show the removal, relocation or installation dates of the appropriate staged striping and signing. 5. As -Built plans shall contain the Permit Number, County, Route, Post Mile, and Kilometer Position on each sheet. 6. Disclaimer statement of any kind that differ from the obligations and protections provided by Sections 6735 through 6735.6 of the California Business and Professions Code, shall not be included on the As -Built plans. Such statements constitute non - compliance with Encroachment Permit requirements, and may result in the Department of Transportation retaining Performance Bonds or deposits until proper plans are submitted. Failure to comply may also result in denial of future permits, or a provision requiring a public agency to supply additional clouding. PERMITS FOR RECORD PURPOSES ONLY: When work in the right of way is within an area under a Joint Use Agreement (JUA) or a Consent to Common Use Agreement (CCUA), a fee exempt permit is issued to the pennittee for the purpose of providing a notice and record of work. The Permittee's prior rights shall be preserved without the intention of creating new or different rights or obligations. "Notice and Record Purposes Only" shall be stamped across the face of the pr rnit. BONDING: The pemtinee shall file bond(s), in advance, in the amount set by the Department. Failure to maintain bond(s) in full force and effect will result in the Department stopping of all work and revoking permit(s). Bonds are not required of public corporations or privately owned utilities, unless permitter failed to comply with tine provision and conditions under a prior permit. The surety company is responsible for any latent defects as provided in California Code of Civil Procedures, Section 337.15. Local agency pemaittee shall comply with requirements established as follows: In recognition that project construction work done on Slate property will not be directly funded and paid by Stale, for the purpose of protecting stop notice claimants and the interests of Stale relative to successful project completion, the local agency pemaittee agrees to require the construction contractor furnish both a payment and performance bond 10 in the local agency's name with both bonds complying with the requirements set forth in Section 3 -1.02 of State's current Standard Specifications before performing any project construction work. The local agency perminee shall defend, indemnify, and hold harmless the State, its officers and employees from all project construction related claims by contractors and all stop notice or mechanic's lien claimants. The local agency also agrees to remedy, in a timely maruter and to Stare's satisfaction, any latent defects occurring as a result of the project construction work. FUTURE MOVING OF INSTALLATIONS: Perminee understands and agrees to rearrange a permitted installation upon request by the Department, for Stale construction, reconstruction, or maintenance work on The highway. The permiltee at his sole expense, unless under a prior agreement, IUA, or a CCUA, shall comply with said request. 26. ARCHAEOLOGICAL IISTORICAL: If any archaeological or historical resources are revealed in the work vicinity, the pernittee shall immediately stop work, notify the Department's representative, retain a qualified archaeologist who shall evaluate the site, and make recommendations to the Department representative regarding the continuance of work. 27. PREVAILING WAGES: Work performed by or under a permit may require perrnitlee's contractors and subcontractors to pay appropriate - prevailing wages as set by the Department of Industrial Relations. Inquiries or requests for interpretations relative to enforcement of prevailing wage requirements are directed to Stale of California Department of Industrial Relations, 525 Golden Gale Avenue, San Francisco, Cal ifomia 94102. 28. RESPONSIBILITY FOR DAMAGE: The State of California and all officers and employees thereof, including but not limited to the Director of Transportation and the Deputy Director, shall not be answerable or accountable in any manner for injury to or death of any person, including but not limited to the permittee, persons employed by the pennittee, persons acting in behalf of the pemilnte, or for damage to property from any cause. The pennittee shall be responsible for any liability imposed by law and for injuries to or death' of any person, including but not limited to the permittee, persons employed by the pennittee, persons acting in behalf of the permittee, or for damage to property arising out of work, or other actioity permitted and done by the petmillee under a permit, or arising out of the failure on the perruittee's part to perform his obligations under any permit in respect to maintenance or any other obligations, or resulting from defects or obstructions, or from any cause whatsoever during the progress of the work, or other activity or at any subsequent time, work or other activity is being perforated under the obligations provided by and contemplated by tine permit The pennittee shall indemnify and save harmless the State of California, all officers, employees, and State's contractors, thereof, including but not limited to the Director of Transportation and the Deputy Director, from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person, including but not limited to the permitter, persons employed by the permitter, persons acting in behalf of the pennittee and the public, or damage to property resulting from the performance of work or other activity under the permit, or arising out of the failure on the ptrtnittee's part to perform his obligations under any permit in respect to maintenance or any other obligations, or resulting from defects or obsunietions, or from any cause whatsoever during the progress of the work, or other activity or at any subsequent lime, work or other activity is being performed under the obligations provided by and contemplated by the permit, except as otherwise provided by statute. The duty of the prrmittee to indemnify and save harmless includes the duties to defend as set forth in Section 2778 of the Civil Code. The 0 peranittee waives am and all rights to any type of expressed or implied indenmiy against the State, its officers, employees, and Slate conoaeors. It is tite intent of the parties that the permitree will indenuify and hold harmless the State, its officers, employees, and Stale 'c contractors, Goal any and all claims, suits or actions as set forth above regardless of the existence or degree of fault or negligence, whether active or passive, primary or secondary, on the p21 of the State, the pennittee, persons employed by the pent nice, or acting on behalf of the perninee. For the purpose of this section, "State '5 contractors" shall include contractors and lbe:r Subcontractors tinder contract to the State of Califomra perforating work within the limits of this permit. • 34. FIELD WORK REIMBURSEMENT: Permittee shall reimburse State for field work perforated on pemillee's behalf Io Centel or remedy hazards or damaged facilities, or clear dcbrfs not attended to by the perm ucc. 35. NOTIFICATION OF DEPARTMENT AND TrMC: The pennittee shall notify life Department's representative and the Transporialion Management Center (TMC) at least 7 days before initialing a lane closure or conducting an activity that may cause a traffic impact. A confimtation notification should occur 3 days before closure or other potential Traffic impacts. In emergency situations when The corrective work or the emergency itself may affect Traffic. TMC and the Department's representative shall be notified as soon as possible. 29. . NO PRECEDENT ESTABLISHED: This permit is issued will] the 36. understanding that it does not establish a precedent. 30. FEDERAL CIVIL RIGHTS REQUIREMENTS FOR PUBLIC ACCOMMODATION: A. The per-mittee, for himself, his personal representative, successors in interest, and assigns as part of the consideration hereof, does hereby covenant and agree that: 1. No person on the grounds of race, color, or national origin shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. 2. That in connection with The construction of any improvements, on Said lands and the Nniishings of services thereon, no discrimination shall be practiced in the selection. and retention of first -tier subcontractors in the selection of second -tier subcontractors. That such discrimination shall not be practiced against time public in Their access To and use of the facilities and services provided for public accommodations (such as eating, sleeping, rest, recreation), and operation on, over, or under the space of The right of way. 4. That the pemtdtee shall use the premises in compliance with all other requirements imposed pursuant to Title 15, Code of Federal Regulations, Commerce and Foreign Trade, Subtitle A. Office of the Secretary of Commerce, Pan 8 (15 C.F.A. Pan 8) and as said Regulations may be amended, 5.Thal in the event of breach of any of the above nondiscrimination coe.ants, the State Shall have the right to terminate The permit and to re -emcr and repossess said land and the land and The facilities thereon, and hold the same as if Said permit had never been made or issued 31. MAINTENANCE OF HIGHWAYS: The penniuee agrees, by acceptance of a permit, to properly maintain any encroachment. This assurance requires the pennitlee to provide inspection and repair any damage, at pemtiteec's expense, To Stale facilities resulting from the encroaclunent. 32. SPECIAL EVENTS: In accordance with Subdivision (a) of Streets and Highways Code Section 682.5, the Department of Transportation shall not be responsible for the conduct or operation of the permitted activity, and the applicant agrees to defend, indemnify, and hold harmless the State and the city or county against any and all claims arising out orally acti,ny for which the permit is issued. Pemtittee understands and agrees that it will comply with the obligations of Titles 11 and III of the Americans with Disabilities Act of 1990 in the conduct of the event, and funher agrees to indemnify and save hamtless the Slate of California, all officers and employees thereof, including but not limited to the Director of Transportation, from array claims or liability arising out of or by vinue of said Act. 33. PRIVATE USE OF BIGHT OF WAY: Highway right of way shall not be used for private purposes without compensation to the Stale. The gifting of public property use mid Therefore public fimds is prohibited under the California Constitution, .Article 16. SUSPENSION OF TRAFFIC CONTROL OPERATION: The pemtihee, upon notification by the Department's representative, shall immediately suspend all lane closure operations and any operation that impedes the How of traffic. Ali costs associated with this suspension shall be home by the pemnitlee. 37. UNDERGROUND SERVICE ALERT (USA) NOTIFICATION: Any excavation requires compliance with the provisions. of Govemmeni Code Section 4216 el. seq.. including . bill not limited to notice to a regional notification center, such as Underground Servicc Alen (USA): The pennitlee shall provide notification at least 48 hours — before perforating any excavation work within the right of way. . E SPECIAL PROVISIONS APPENDIX B ADVISORY SIGNS • s �' 0 r- -I U - Lg�q,pq(gFj S S E r 1 U 15' Sd• Framing l�eml�ara ITYA -? 3 r i iX y f ^SIT Tr .. A!► �. .1e f9sEe'mhnl�i'�alutiia YiaLL.+cii ✓' -- f1iNl�w. ' E r 1 U Mew Ffai�ti'�se � s nUt �nd`jern ri�ii �Ibeft'�hAt LI P VOWS: x i IN Q -.. - CERTIFICAT F LIABILITY INSU CE o4o6 i%ZACOFD, ODUCER (949)8S7 -4500 FAX (949)&57-4800 illennium Risk Management & Insurance Services icense # OC13480 530 Trabuco Road :rvi ne, CA 926ZO THIS CERTIFICATE IS ISSWD 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 WIRED R. 1. Noble Co. 1SSD5 Lincoln Ave. P. 0, Box 620 Orange, CA 92865 -1015 INSURER A: Liberty Surplus Insurance Corp. /CRC INSURER B: American States INSURER C: SeaBright Insurance Co. NsuRERD: INSURER E: OVERAGES 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. R TYPE OF INSURANCE POLICY NUMBER DAATEYMMNDIYYE POLICY ATE M DIVYN LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 X COMMERCIAL GENERAL LIABILITY GLB0200108 -033 07/01/2005 07/01/2006 FIRE DAMAGE (Any one fine) $ S0,00 CLAIMS M4DE � OCCUR MEDEXP(Anyoneper o) $ Exclude PERSONAL & ADV INJURY $ 11000,0001 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/OP AGG $ 2,000,00 POLICY X PRO LOC JECT AUTOMOBILE LIABILITY ANY AUTO lCE91967130 07/01/2005 07/01/2006 COMBINED SINGLE LIMIT (Esaooldenl) $ 1,000,00 X BODILY INJURY (Pe(pemen) $ B ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (P� ecatlenq $ HIRED AUTOS NON -0WNEDAUTO$ PROPERTY DAMAGE (Perecddem) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHERTHAN EA ACC $ ANY AUTO S AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE $ OCCUR F-1 CLAIMS MADE AGGREGATE $ $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERV LIABILITY BI0502S8 0710112005 0710112006 X I TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE .EA EMPLOYE $ I 000 000 E.L. DISEASE - POLICY LUIT $ 1,000 OTHER DESCRIPTION OF OPERATIONS ILOCATIONSNEHICLEWEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS - ertificate Holder is named as Additional Insured as respects General Liability per endorsement attached. 2E:RJN 3ob #91036, Contract# 3785, Jamboree road rehabilitation from University Dr. to south Bristol St. °10 day notice of cancellation in the event of non- payment of premium. CERTIFICATE HOLDER City of Newport Beach it's Officers,Officials,Employees Public Works "Department Shauna Lyn Oyler, Public Work 3300 Newport Boulevard Newport Beach, CA 92663 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL &Volunteers *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE AUTHORIZED REPRESiNTA 0 9 LS1 i Liberty Surplus Insurance Corpomtion 9 • ENDORSEMENT NO. 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Endorsement Effective Date: .07 /01/2005 Policy No: EGL -BO- 200108 -033 Insured: R J. Noble Co. ADDITIONAL INSURED — OWNERS. LESSEES OR CONTRACTORS — COMPLETED OPERATIONS SCHEDULE or (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) Section II — Who is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liabili ty arising out of "your work" at the location designated and described in the Schedule of this endorsement performed for that insured and included in the "products- completed operations hazard ". This endorsement does not change any other provision of the policy. CGL 10381103 0 9 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the polioy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. �d zg� V In $r � N E 4` U a� CL s < � Z 6 9 m A ul @� U N w. 40 dam L Z� �O5 y m aa W� � /\ 1� /gNyy r,^ L1w1 m W V, _I U1 O M ~ N T LO LO � W? I � 0 as 0 0� Q� 0> �CcD '-' '-� W E W o �LL m 7 a g�Q� tl � �� � gygggg . -7 52 � � yRp� i @i� �¢��� �� b ❑g$ � � k � IBB g C� 9�yy� lea yy§ y�qt� yq� ga� p q�� #� ggp� §� gay yg g��pSg� g� 0 0 00 0 00 00 00 00 (D @@@o gggogg@ga E 4` U a� CL s < � Z 6 9 m A ul U N w. 40 dam L Z� �O5 y m aa W� � /\ 1� /gNyy r,^ L1w1 m W V, _I U1 O M ~ N T LO LO � W? 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Lr co I. 229 h rid 17 h rid PROFESSIONAL SERVICES AGREEMENT WITH DEWAN, LUNDIN &ASSOCIATES FOR THE JAMBOREE ROAD STREET REHABILITATION PROJECT THIS AGREEMENT is made and entered into as of this day of QU 2005, by and between the CITY OF NEWPORT BEACH, a Municipal Cforporation ( "City "), and DEWAN, LUNDIN & ASSOCIATES, INC., a California corporation whose principal place of business is 12377 Lewis Street, Suite 101, Garden Grove, California, 92840 ( "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. Consultant is a civil engineering firm that specializes in the design of public works projects. C. City is planning to rehabilitate the roadway pavement on Jamboree Road at two locations: (1) between Bristol Street and University Drive, and (2) between Ford Road and San Joaquin Hills Road. These two projects are collectively referred to hereafter as the "Jamboree Road Street Rehabilitation Project." D. City desires to engage Consultant to perform professional engineering services for the Jamboree Road Street Rehabilitation Project, including providing the City with final designs, plans, specifications, and cost estimates (with quantities and unit costs) as outlined in the Scope of Services attached hereto as Exhibit "A" and upon the terms and conditions contained in this Agreement. E. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. F. The principal member of Consultant for purposes of Project, shall be Surender M. Dewan, P.E. G. 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: TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 30'h day of December, 2007, unless terminated earlier as set forth herein. • i 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 ,adhere strictly 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, the Fee Proposal attached hereto as Exhibit B and the Schedule of Hourly Rates attached hereto as Exhibit C. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Eighty -Five Thousand, Seven- Hundred and Eight Dollars ($85,708.00) 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 reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. E 5. CQ 0 0 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by City in writing. City hereby agrees to reimburse Consultant mark -up as outlined by the Fee Proposal attached as Exhibit B. Unless otherwise approved herein, any other costs or expenses 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 Hourly Rates as set forth in Exhibit C. 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 Surender M. Dewan 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. ADMINISTRATION This Agreement will be administered by the Public Works Department. Bill 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. 3 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. 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 0 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 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 0 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's 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 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 0 0 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: I. 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. 7 0 0 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 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 (Digital Mapping, Inc.). 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. 9 0 0 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, 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. N E 19. CONFIDENTIALITY 0 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. 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. 10 24. 25. 26. 27 0 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 bome 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 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: Attn: Bill Patapoff 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: Attention: Surender M. Dewan, P.E. Dewan, Lundin & Associates, Inc. 11 28. 29. 30. 31 12377 Lewis Street, Suite 101 Garden Grove, CA 92840 Phone: 714 - 740 -8840 Fax: 714 - 740 -8842 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 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, contained herein shall not be deemed to b e of the same or any other term, covenant or of the same or a different character. INTEGRATED CONTRACT of any term, covenant or condition a waiver of any subsequent breach condition contained herein, whether 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. 12 s • 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. 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. 13 0 s IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: G^ - -U--- Aaron C. Haro Lavonne Harkiess, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: b +-- a a or the City of Newport Beach DEWAN, LUNDIN & ASSOCIATES: By. �/ N �— Corporate Officer Title: fYQSI4Q N r \_ Print Name: SuYet�ole, ! evAh By: Financial Officer Title: Print Name: Attachments: Exhibit A — Scope of Services Exhibit B — Fee Proposal Exhibit C -- Schedule of Hourly Rates f :\usersNpbw \shared\agreements \fy 05- 06 \dewan lundin - jamboree rehab.doc 14 SC *OF SERVICES — EXHIBIT A PROJECTAPPROACH DESIGN REVIEW MEETING ■ In a consultation meeting with the City, the scope of work, procedure for the project and the precise limits of the project improvements will be reviewed. ■ Review with City Staff to obtain specific input related to City goals, and discuss preliminary issues. ■ Meet with City Staff on a continuous, as- needed basis throughout the design and construction phases to ensure that work is expeditiously carried out in keeping with the City's requirements. UTILITY COORDINATION ■ Notify all utilities at the start and at 50% design of the location and extent of the work to ensure that all structures are properly located on the plans. ■ Request utility companies to pothole at locations with the greatest likelihood of impacting the proposed construction. (if utility has prior rights, potholes shall be excavated as negotiated extra work.) ■ A copy of all correspondence with utility companies will be provided to the City. ■ Final plans will be sent to each affected utility company prior to bidding of the work along with notification of when work is anticipated to begin. ■ Proposed improvements will be coordinated with utility companies in the project area. Each utility company will be sent a "Utility Notification Letter" prior to commencement of preliminary design, preliminary improvements plans and final plans. DEFLECTION ANALYSIS ■ To be provided by the City of Newport Beach DESIGN SURVEY ■ Locate beginning, intermediate and final bench marks. Locate and identify horizontal controls used. Set a total of ten (10) aerial targets. ■ Conduct aerial survey. Aerial survey to show spot elevations and contours at 1 foot intervals. Jamboree Road Street Rehabilitation Project Dewan, Lundin & Associates, Inc. PAGE 1 i 0 IN no 14 0 0 ■ Mark limits of broken curb and gutter as well as defective sidewalk. ■ Conduct topographic survey and obtain street cross sections at 50 foot intervals. Street cross sections to show elevations at top of curb, gutter flowline, lip of gutter, edge of pavement, lane line, centerline, top of median curb, and finished surface at median curb. ■ Obtain street cross sections at all BCR's and ECR's. ■ A minimum of two (2) bench marks will be used. A bench circuit will be run and closure error established, if any. Each bench mark will be established on the plans and in the survey notes. Additional temporary bench marks will be established for use during construction and identified on the plans ■ A report will be provided to the City containing all survey control and cross section notes. PRELIMINARY DESIGN - 70% DESIGN ■ Prepare base maps using computer aided drafting (AutoCAD Release 2000). Plot existing utilities, existing right -of -ways, etc. ■ Plot existing cross sections. ■ Superimpose proposed improvements over existing cross sections. ■ Check the proposed cross sections for accuracy of cross slope. If the proposed cross slope is less than the minimum required or more than the maximum permissible, revise the type of proposed treatment to the street surface. An effort will, be made to provide a minimum of 8 -inch curb face at the median curb. ■ Develop alternate methods of achieving City's goals, giving consideration to existing pavement condition as determined by the pavement evaluation report. Repair, rehabilitation, partial and full replacement of existing pavement and replacement and reconstruction of median curb divider will be considered. ■ Prepare preliminary street improvement plans. ■ Prepare preliminary signage and striping plans in accordance with the State of California Department of Transportation Traffic Manual. ■ Prepare preliminary estimate of probable costs in tabular form. ■ Complete request for authorization to proceed with construction forms (if required). FINAL DESIGN - 100 %.DESIGN ■ . Evaluate cross sections and profiles for drive quality. Jamboree Road Street Rehabilitation Project PAGE 2 Dewan, Lundin & Associates, Inc. 0 0 Prepare final street improvements plans. In addition provide copies of all calculations, cross sections and other support data to the City. Title sheet will show: a Title a Vicinity and location map with plan sheet index and scale o Utility and plan legends o Bench marks, basis of bearings a General and master construction notes a Standard signature and title blocks a Utility notes, contact names and telephone numbers Plan and profiles will include: a Topography between right -of -way and beyond as necessary a Right -of -way limit lines (existing and proposed) a Utility location plot a Construction notes and quantity estimates a Typical sections and details o Top of curb and centerline profile a Location of borings a Plot proposed cross sections at 50 foot intervals Prepare final striping and signage plans. Final plans to include: a Removal and /or construction of existing and/or proposed traffic features where applicable o Traffic striping (traffic lanes, crosswalks, etc.) o Traffic signing o Pavement markings and markers Prepare project specifications based on the latest edition of the Standard Specifications for Public Works. ■ Prepare final estimates of probable cost using the calculation method adopted by the County of Los Angeles. ■ After final approval of project design the plans will be plotted on 4 mil'thick mylar and delivered to the City along with IBM compatible disks. ■ Provide coordination of AHRP requirements with Caltrans including all paperwork. Jamboree Road Street Rehabilitation Project PAGE 3 Dewan, Lundin & Associates, Inc. 0 0 CONSTRUCTION ASSISTANCE ■ Provide coordination during bidding process including answering bidders questions during the bidding phase. ■ Provide assistance during construction consisting of plan interpretation and plan revisions resulting from changed conditions. ■ Prepare As -Built plans based on information provided by the City. QUALITY CONTROL PROCEDURES ■ The importance of review and checking cannot be overemphasized, given the extreme time constraints under which documents are often produce ■ Checking plays a central role in our quality assurance effort. Documents are comprehensively checked at one or more milestones before they are completed. o A senior team member checks all documents before they are issued. 0 One person checks all important dimensions. 0 The person responsible for the drawings reviews the drawings, and the writer reviews the text. Consultants review the documents produced by other contributors for coordination. a The City reviews and approves the documents before they are issued. Jamboree Road Street Rehabilitation Project PAGE 4 Dewan, Lundin & Associates, Inc. • • PROJECT TEAM The most important element in the provision of professional services is the assignment of key personnel. Quality personnel and an effective management system combine to produce quality services. Accordingly, the following personnel have been assigned to this project. Surender Dewan, P.E. Walter Lundin, P.E., L.S. Hoang Nguyen Shawn Chadha Charles Tuggle, L.S. Subconsultants: Digital Mapping, Inc. Jamboree Road Street Rehabilitation Project 9 Project Manager /President Quality ControlNice President Project Engineer CAD Designer Survey Party Chief Photogrammetric Services PAGE 5 Dewan, Lundin & Associates, Inc. E • RESOURCE REQUIREMENTS Jamboree Road Street Rehabilitation Project Bristol Street to University Drive PHASE OF WORK Project I Project AutoCAD Survey Clerical TOTAL 34% Manager I Engineer Designer Crew 10% HOURS PRELIMINARY DESIGN DEVELOPMENT 2 4 6 12 Does not include Subconsultant. DESIGN SURVEY Digital Mapping, Inc. 2 4 — 40 46 PRELIMINARY DESIGN PHASE - 70% DESIGN Base Maps - 8 50 58 Utility Notification and Coordination I 4 -- - I 6 10 Street Improvement Plans 2 48 64 114 Signage and Striping Plans 2 12 20 34 Estimate of Probable Costs 2 - 8 — 4 14 FINAL DESIGN PHASE - 100% DESIGN Street Improvement Plans 2 8 24 -- -- 34 Signage and Striping Plans 1 4 4 -- -- 9 SPECIFICATIONS, ESTIMATE & BID PACKAGE 4 I 14 -- -- 20 38 BIDDING & CONSTRUCTION PHASE ASSISTANCE 1 4 5 AS -BUILT PLANS - 2 4 8 -- -- 14 TOTAL HOURS: 20 I 122 176 40 30 3$8 Percent of Work Hours Performed by Various Members of the Team by Designation PROJECT TEAM MEMBER PERCENTAGE OF WORK HOURS Project Manager 8% Project Engineer 34% AutoCAD Designer 46% Survey Crew 10% Clerical 2% Subconsultants Not Included Jamboree Road Street Rehabilitation Project PAGE 6 Dewan, Lundin & Associates - 4 11 • RESOURCE REQUIREMENTS Jamboree Road Street Rehabilitation Project Ford Road to San Joaquin Hills Road PHASE OF WORK Project I Project Manager Engineer AutoCAD Designer Survey Crew Clerical TOTAL HOURS PRELIMINARY DESIGN DEVELOPMENT i 2 4 6 — — 12 Does not include Subconsultant. DESIGN SURVEY Digital Mapping, Inc. 2 4 — 40 -- 46 PRELIMINARY DESIGN PHASE - 70% DESIGN Base Maps —� 8 50 -- -- 58 Utility Notification and Coordination 4 6 2 48 64 -- — 2 12 20 — 2 8 4 10 Street Improvement Plans Signage and Striping Plans 114 34 14 Estimate of Probable Costs FINAL DESIGN PHASE -100% DESIGN Street Improvement Plans 2 8 24 -- -- 34 Signage and Striping Plans 1 4 4 -- 20 9 38 SPECIFICATIONS, ESTIMATE 8, BID PACKAGE 4 14 — BIDDING & CONSTRUCTION PHASE ASSISTANCE 1 2 4 — — 5 AS -BUILT PLANS 4 8 — 14 TOTAL HOURS: 20 122 176 40 30 388 Percent of Work Hours Performed by Various Members of the Team by Designation PROJECT TEAM MEMBER PERCENTAGE OF WORK HOURS Project Manager 8% Project Engineer j 34 %' _ AutoCAD Designer 469i. _. .._ .... .... ..- -- Survey Crew _......_. o 10% Clerical 2% Subconsultants Not Included Jamboree Road Street Rehabilitation Project PAGE 7 Dewan, Lundin & Associates TASK DESCRIPTION Aerial Survey and Design Survey Deflection Analysis - Provided by City Utility Coordination Preliminary Design Phase - 70% Design Prepare Base Maps Street Improvement Plans Signage and Striping Plans City Design Review - 70% Design Final Design Phase - 100% Design Street Improvement Plans Project Specifications and Cost, Estimate City Design Review -100°% Design Project Complete Assumed start date June 27, 2005 DESIGN SCHEDULE Jamboree Road Street Rehabilitation Project Ford Road to San Joaquin Hills Road ♦ Project Complete October 31, 2005 1 Jamboree Road Street Rehabilitation Project Dewan, Lundin & Associates, Inc. - Ust ISeptember l October .. 3 . I 6 2 F35 4 2=3 ♦ Project Complete October 31, 2005 1 Jamboree Road Street Rehabilitation Project Dewan, Lundin & Associates, Inc. - + ♦ Project Complete October 31, 2005 1 Jamboree Road Street Rehabilitation Project Dewan, Lundin & Associates, Inc. - TASK DESCRIPTION Aerial Survey and Design Survey Deflection Analysis - Provided by City Utility Coordination Preliminary Design Phase - 70% Design Prepare Base Maps Street Improvement Plans Signage and Striping Plans City Design Review - 70% Design Final Design Phase -100% Design Street Improvement Plans Project Specifications and Cost Estimate City Design Review -100% Design Project Complete I Assumed start date June 27, 2005 Jamboree Road Street Rehabilitation Project DESIGN SCHEDULE Jamboree Road Street Rehabilitation Project Bristol Street to University Drive 7 `ty PAGE 9 1 2 3 4 ♦ Project Complete September 26, 2005 Dewan, Lundin & Associates, Inc. EXHIBIT B FEE PROPOSAL For Professional Civil Engineering Services Jamboree Road Street Rehabilitation Projects From Bristol Street to University Drive ITEM DESCRIPTION AMOUNT 1. Preliminary Design Development .... ............................... $1,080.00 2. Design Survey ........................... ......................$7,400.00 3. Preliminary Design Phase ................... .....................$19,439.00 4. Final Design Phase ........................................... :. $6,380.00 5. Assistance During Bidding Phase .... ............................... $490.00 6. As -Built Plans ........................... ......................$1,240.00 7. Printing Allowance ................ ............................... $500.00 Subtotal: $36,529.00 Subconsultants: Digital Mapping, Inc . .................. ............................... $5,500.00 (PhotogrammetricServices) Mark -Up 15% .. ............................... $825.00 Subtotal: $6,325.00 TOTAL NOT -TO- EXCEED FEE: ........................................ $42,854.00 Jamboree Road Street Rehabilitation Project PAGE 1 Dewan, Lundin & Associates ff 7D 7 1-9, Management (14) ' F7 8 Fax FEE PROPOSAL For Professional Civil Engineering Services Jamboree Road Street Rehabilitation Projects From Ford Road to San Joaquin Hill Road Jamboree Road Street Rehabilitation Project PAGE 2 Dewan, Lundin & Associates ITEM DESCRIPTION AMOUNT 1. Preliminary Design Development ...................... I ............ $1,080.00 2. Design Survey ........................... ......................$7,400.00 3. Preliminary Design Phase ........ ............................... $19,439.00 4. Final Design Phase .............. ............................... $6,380.00 5. Assistance During Bidding Phase .... ............................... $490.00 6. As -Built Plans .................. ............................... $1,240.00 8. Printing Allowance ................ ............................... $500.00 I Subtotal: $36,529.00 Subconsultants: Digital Mapping, Inc. ................................................. ......................... $5,500.00 (PhotogrammetricServices) Mark -Up 15% .. ............................... $825.00 Subtotal: $6,325.00 TOTAL NOT -TO- EXCEED FEE: ........................................ $42,854.00 Jamboree Road Street Rehabilitation Project PAGE 2 Dewan, Lundin & Associates EXHIBIT C SCHEDULE OF HOURLY RATES - 2005 Dewan, Lundin & Associates, Inc. Project Manager ....................... ............................... $110.00 Project Engineer ........................ ............................... $95.00 Design Engineer ........................ ............................... $85.00 CADDDesigner ........................ ............................... $80.00 Senior Drafter .......................... ............................... $70.00 Senior Plan Checker ..................... ............................... $60.00 Construction Administrator ................ ............................... $68.00 Construction Observer ................... ............................... $60.00 Building Official ......................... ............................... $70.00 Building Plan Check Engineer .............. ............................... $65.00 Building Plan Examiner ................... ............................... $65.00 Building Inspector ....................... ............................... $55.00 Two -Man Field Party .................... ............................... $170.00 Three -Man Field Party .................. ............................... $190.00 Office Survey Manager ................... ............................... $80.00 Word Processor ........................ ............................... $45.00 NOTE: ALL RATES ARE SUBJECT TO REVISION Jamboree Road Street Rehabilitation Project Dewan, Lundin & Associates 0 Certificate of Insurance 0 1 of 1 #97502 Description of Operations/ LocationsNehicles /Restrictions/Special items: ALL OPERATIONS /INCLUDING JAMBOREE ROAD STREET RENOVATION PROJECTS. BRISTOL TO UNIVERSITY AND FROD TO SAN JOAOUIN HILLS. GENERAL LIABILITY ONLY: CITY OF NEWPORT BEACH, ITS ELECTED OR APPOINTED OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED PER ENDT. ATTACHED. WORKERS COMPENSATION WAIVER OF SUBROGATION APPLIES PER ENDT. ATTACHED. •Written at nnnrannto limits of linhilihr not lace than mmrnnt shnwn Certificate Holder: THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED Agency Name and Address: THIS CERTIFICATE IS ISSUED AS A MATTER OF Professional Practice INFORMATION ONLY AND CONFERS NO RIGHTS UPON Insurance Brokers, Inc. THECERTIFICATE HOLDER. THIS CERTIFICATE DOES 2030 Main Street, Suite 350 NOT AMEND, EXTEND OR ALTER THE COVERAGE Irvine, CA 92614 -7248 AFFORDED THE POLICIES LISTED BELOW. Newport Beach, CA 92658 THE EVENT OF CANCELLATION FOR NON-PAYMENT OF PREMIUM IN WHICH CASE 10 DAYS Insureds Name and Address: Dewan Lundin &Associates Companies Affording Policies: A Fidelity and Guaranty Insurance Undw B. St. Paul Protective Insurance Co. 12377 Lewis Street, Suite 101 c.Continental Casualty Company Garden Grove, CA 92840 D. E. F. Description of Operations/ LocationsNehicles /Restrictions/Special items: ALL OPERATIONS /INCLUDING JAMBOREE ROAD STREET RENOVATION PROJECTS. BRISTOL TO UNIVERSITY AND FROD TO SAN JOAOUIN HILLS. GENERAL LIABILITY ONLY: CITY OF NEWPORT BEACH, ITS ELECTED OR APPOINTED OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED PER ENDT. ATTACHED. WORKERS COMPENSATION WAIVER OF SUBROGATION APPLIES PER ENDT. ATTACHED. •Written at nnnrannto limits of linhilihr not lace than mmrnnt shnwn Certificate Holder: THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED. City of Newport Beach CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION Attn: Sean Crun1Uy DATE THEREOF, THE ISSUING COMPANY, ITS AGENTS OR REPRESENTATIVES WILL MAIL 30 3300 Newport Boulevard DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. EXCEPT IN Newport Beach, CA 92658 THE EVENT OF CANCELLATION FOR NON-PAYMENT OF PREMIUM IN WHICH CASE 10 DAYS NOTICE WILL BE GIVEN. AUMONzell Rep�metiw; 0612210$ CC: Policy Number: BK01672223 Liability Coverage Enhancement — Architects And Engineers ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: LIABILITY COVERAGE PART. 1. The following is added to paragraph 2 of SECTION 2. The following is added prior to the final paragraph II —WHO IS AN INSURED: of SECTION II —WHO IS AN INSURED: I. If you are required to add another person or You are an insured for your participation in any past organization as an insured under this policy by a or present "unnamed joint venture ". However, you written contract or agreement which is in effect are not an insured if the "unnamed joint venture during the policy period, that person or organization has: is an insured. Such person or organization is referred to in this Coverage Part as an Additional a. Direct employees; or Insured. b. Owns, rents, or leases any real or However, such person or organization is not an personal property. insured with respect to any: No other member or partner, or their spouses, of (1) "Property damage "to: any past or present "unnamed joint venture" is an (a) Property owned, occupied or used by insured. This insurance is excess over any "other the Additional Insured; insurance" available to you for your participation in (b) Property rented, leased or loaned to, any past or present "unnamed joint venture". in the care, custody or control of, or over which physical control is being exercised for any purpose by the 3. The final paragraph of SECTION II — WHO IS AN Additional Insured; or INSURED is replaced by the following: (c) "Your work" performed for the Additional Insured; No person or organization is an insured with respect to the conduct of any current or past (2) "Bodily injury", "property damage ", "personal partnership, joint venture (except "unnamed join injury', "adverfising injury" which is not caused venture ") or limited liability company this is not in whole or in part by the negligent acts or shown as a Named Insured in the Declarations. omissions of any Named Insured, or the negligent acts or omissions of anyone directly or indirectly employed by a Named Insured or for whose acts a Named Insured may be 4. Paragraph 2 of SECTION III — LIMITS OF liable; LIABILITY is replaced by the following: (3) "Bodily injury', "property damage ", "personal (2). The General Aggregate Limit is that most we injury", or "advertising injury for which such will pay at each of "your premises" listed in the person or organization has assumed liability in Schedule of Premises and is the most we will a contract or agreement, except for liability for pay at each of "your projects" for the sum of: damages that such person or organization would have in absence of the contract or a. Damages under Section I. A. except agreement; or damages because of "bodily injury' and "property damage" included in the "products completed operations hazard" (4) "Bodily injury", "property damage ", "personal and damage to premises rented to you or injury" or "advertising injury arising out of any temporarily occupied by you with architect's, engineer's or surveyor's rendering permission of the owner; and of, or failure to render, any professional b. Medical payments under SECTION 1. B. services, when such person or organization is an architect, engineer, or surveyor. CUBF 26 09 08 03 Includes copyrighted material of Insurance Services Office with its permission. Page 1 of 2 Copyright, Insurance Services Offices, Inc., 2001 5. The following is added to SECTION IV- CONDITIONS, S. Other Insurance, a. Primary Insurance; In addition, this insurance will be considered primary to, and non - contributory with, "other insurance" issued directly to a person or organization added as an additional insured under SECTION II. 2. I., if you specifically agree, in that written contract or agreement, that this insurance must be primary to, and non - contributory with, such "other insurance". This insurance will then be applied as primary insurance for damages for "bodily injury", "property damage ", "personal injury" or "advertising injury" to which this insurance applies and that are incurred by such person or organization, and we will not share those damages with such "other insurance". 6. The following is added to SECTION IV— CONDITIONS, 8. Transfer Of Rights Of Recovery Against Others To Us. We waive any right of recovery we may have against any person or organization added under SECTION II. 2.1., for payments we make because of injury or damage arising out of "your work" under the written contract or agreement with such person or organization, provided that the injury or damage occurs subsequent to the execution of that written contract or agreement. ADDITIONAL INSURED: 0 7. The following are added to SECTION V — DEFINITIONS: "Unnamed joint venture" means any joint venture in which you are a member or partner where: a. Each and every one of your co- ventures in that joint venture is an architectural, engineering or surveying firm; and b. That joint venture is not named in the Liability Coverage Part Declarations. "Your premises" means any premises, site or location that you own or rent or lease from others. "Your project" Means any premises, site or location at, on, or in which "your work" is not yet completed; and a. Means any premises, site or location at, on, or in which "your work" is not yet completed; and b. Does not include "your premises" or any location listed in the Schedule of Premises. All other terns of your policy remain the same. CITY OF NEWPORT BEACH, ITS ELECTED OR APPOINTED OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS CUBF 26 09 08 03 Includes copyrighted material of Insurance Services Office with its permission. Page 2 of 2 Copyright, Insurance Services Offices, Inc., 2001 WC 04 03 06 (Ed. 4 -84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 06/01/05 at 12:01 A.M. standard time, forms a part of Policy No. BW02083840 of the ST. PAUL FIRE & MARINE INSURANCE COMPANY NCCI Carrier Code 13692 (Name of Insurance Company) issued to: DEWAN LUNDIN & ASSOCIATES Policy Expiration Date: 06/01/06 Premium (if any) $ ------------ ra Lim----------------------- Authorized Signature We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement sbalI be 2.00 % of the California workers' compen- sation premium otherwise due on such remuneration. SCHEDULE PERSON or ORGANIZATION JOB DESCRIPTION: ALL OPERATIONS CITY OF NEWPORT BEACH, ITS ELECTED OR APPOINTED OFFICIALS, OFFICERS, EMPLOYEES AND VOLUNTEERS N -28 ,2005 08:45 �� �� � �� 149391654 T�949 644 3318 P.1/1 Fax #: )�^ Y CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checKlist is comprised of requirements as outlined by the City of Newport Beach. Date Received: % Dept. /Contact Received From: v r, Date Completed: allof QS Sent to: 44444 h A Jt By: Company/Person required have certificate; !stay] 4wi din I. GENERAL LIABILITY �7GIGI G1K� �%tA►'a►'I blYa?ItA., Andes A. INSURANCE COMPANY; /1�1 . B, AM BEST RATING (A: VII or greater A Xy ✓J C. ADMITTED Company (Must be California Admitted): Is Company admitted In California? [)Yes ❑ No D, LIMITS (Must be $1M or greater): What is limit provided? 2iwii f r 4 10W7. det E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? 8Yss Tn No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its �' officers, officials, employees and volunteers): is lt included? p Yes Q No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): is it included? �/ vye ❑ 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? Q Yes No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III, AUTOMOBILE LIABILITY 1�/��� A. INSURANCE COMPANY: /7 "`�' �h O( t7(i1CLi� �nhN4' A $ U111X .I B. AM BEST RATING (A: VII or great AXV _ C. ADMITTED COMPANY (Must be California Admitted): Q No Is Company admitted In California? Yes D. LIMITS (Must be $1 M 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? Yas ❑ No F. PRIMARY & NON- CONTRIBUTORY WORDING (For Waste Haulers only): p Is it included? ©Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there Is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wbnfing. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: B. AM BEST RATING (A; VII i C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? HAVE ALL ABOVE ALL ABOVE REQUIREMENTS BEEN MET? MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Z e[] No Q No • California Business Search � � Page 1 of 1 Corporation DEWAN, LUNDIN, & ASSOCIATES, INC. Number: C2404455 Date Filed: 2/19/2002 Status: active Jurisdiction: California Address 12377 LEWIS ST STE 101 GARDEN GROVE, CA 92840 Agent for Service of Process SURENDER DEWAN 12377 LEWIS ST STE 101 GARDEN GROVE, CA 92840 For information about certification of corporate records or for additional corporate information, please refer to Corporate Records. If you are unable to locate a corporate record, you may submit a request to this office for a more extensive search. Fees and instructions for requesting this search are included on the Corporate Records Order Form. Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender ", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. http:// kepl er. ss. ca. gov/ corpdata/ ShowAIlList ?QueryCorpNumber= C2404455 &printer =yes 7/13/2005 0 • i CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT C3 C gr Agenda Item No. 5 July 26, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Sean Crumby, Associate Civil Engineer 949- 644 -3315 scrumby@city.newport-beach.ca.us SUBJECT: JAMBOREE ROAD STREET REHABILITATION - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH DEWAN, LUNDIN AND ASSOCIATES RECOMMENDATION: Approve a Professional Services Agreement with Dewan, Lundin and Associates Inc., of Garden Grove, California, for Jamboree Road Street Rehabilitations, (1) from University Drive to Bristol Street, and (2) from San Joaquin Hills Road to Ford Road at a contract price of $85,708.00 and authorize the Mayor and City Clerk to execute the Agreement. DISCUSSION: Over the past few years several segments of Jamboree Road have been rehabilitated. Those sections are: • Coast Highway to San Joaquin Hills Road in FY 1998 -1999 • Ford Road (Eastbluff Drive) to Bison Avenue in FY 2003 -2004 • Bison Avenue to University Drive (Eastbluff Drive) in FY 2002 -2003 This year the Orange County Transportation Authority (OCTA) approved an allocation of approximately $85 million in federal roadway funds to cities and the County in Orange County as part of the Arterial Highway Rehabilitation Program (AHRP) to rehabilitate arterial streets. These funds require a City match and are to be administered through Caltrans over the next two years. On January 25, 2005 the agencies in Orange County submitted applications for qualified projects. The City of Newport Beach had seven such applications of which six were approved (one is still pending). Two of those projects are to rehabilitate the remaining sections of Jamboree Road that lie between Coast Highway and Bristol Street. Those sections are (1) University Drive to Bristol Street, and (2) San Joaquin Hills Road to Ford Road. The proposed improvements for the first section (University to Bristol) are budgeted as a FY 2005/06 Capital Improvement Program project. The proposed improvements for the second section (San Joaquin Hills to Ford) are scheduled to be budgeted in the FY 2006/07 Capital Improvement Program. The construction cost is estimated to be $800,000 for each project. The City's matching portion for each project will be SUBJECT: Jamboree Road Rehabilitation - Approval of Professional Servi ement With Dewan Lundin and Associates July 26, 2005 Page 2 $400,000 and will be funded from either Gas Tax or Measure M Turnback. In addition to rehabilitating the streets, the median curbs will be re- established in both sections. Dewan, Lundin and Associates. performed engineering services for the last two segments of Jamboree Road (Ford to Bison and Bison to University). In both cases numerous proposals were received and DL &A was chosen based upon firm qualifications, past experience with similar projects, and availability. Both of those projects were successfully constructed near the contract cost with minimal change orders. Due to this recent high level of performance and timing needed to effectively submit the plans to Caltrans, staff negotiated with DL &A to provide the necessary scope of services for a fee of $42,854.00 for each section totaling $85,708.00. This fee is approximately five (5 %) percent of the projected construction cost. The scope of DL &A's professional services will include: • Aerial topographic survey • Ground topographic survey • Utility investigation and coordination • Preparation of plan and profile improvement plan sheets • Preparation of pavement cross section plan sheets • Preparation of pavement striping and signage plans • Preparation of project Specifications • Preparation of construction quantity and cost estimates • Assistance during bidding • As -built plans. Environmental Review: Engineering design services are not a project as defined in the California Environmental Quality Act (CEQA) Implementing Guidelines. However, at the time of award (for construction) it is likely that the project will be determined exempt from the CEQA pursuant to section 15302 of the CEQA Implementation Guidelines. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. Funding Availability: There are sufficient funds available in the following account for the project: Account Description Account Number Amount Gas Tax— Jamboree Road Rehabilitation 7181 C5100831 $85,708.00 Prepared by;.? Submitted by- Sean Crumby, P.E. SteODKG. Badum Associate Civil Eng eer - -- "P ubric Works Director Attachment: Professional Services Agreement Project Location Map RESURFACED.'. FY 2002/2003 MONEAN.W lr 3URFACED, 1998/19991' PROJECT AREA 1 BRISTOL TOL TO UNIVERSITY PROJECT AREA 2 FORD RD, TO.,'V�/"` :SAN JOAQUIN HILLS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION PROJECTS CONTRACT 2005 sc N.T.S CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC August 22, 2007 R.J. Noble Company 15505 E. Lincoln Avenue Orange, CA 92865 Subject: jamboree Road Rehabilitation from University Drive to South Bristol Street (C -3785) To Whom It May Concern: On August 22, 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 Labor & Materials Bond was released on September 29, 2006. The Surety for the contract is Travelers Casualty and Surety Company of America, and the bond number is 104633580. Enclosed is the Faithful Performance Bond. Sincerely, LaVonne M. Harkless, MMC City Clerk cc: Public Works Department Andy Tran enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 • www.city.newport- beach.ca.us