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HomeMy WebLinkAboutC-4850 - 2011-2012 Sidewalk, Curb & Gutter ReplacementAugust 15, 2013 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC Mr. John Grigolla Grigolla and Sons Construction Company, Inc. P.O. Box 949 Azusa, CA 91702 Subject: FY 2011-2012 Sidewalk, Curb and Gutter Replacement — C-4850 Dear Mr. Grigolla: On August 14, 2012, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on August 23, 2012. Reference No. 2012000485996. The Surety for the contract is International Fidelity Insurance Company and the bond number is 0572646. Enclosed is the Faithful Performance Bond. Sincere y, 44 - O-M�� Leilani I. Brown, MMC City Clerk Enclosure 8889 Ne PQLLB='1aY-axa - Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www. city. newport-beach.ca. us (IMEMIUM IS FOR CONTRACT TERM This bond was executed in three (3) AND IS SUBJECT TOADJUSTMEN( identical counterparts. BASED -ON FINAL CONTRACT PRICE City of Newport Beach 2011-2012 1CIEWALK CURES AND GUTTER REPLACEMENT Contract No. 4850 BOND NO. 0572646 FAITHFUL PERFORMANCE BOND The premium 4harges on .this Bond is $ 7, 5 0 9.0 0 being at the rate of $ $25.00 & $15.00 thousand of the Contract price. WHEREAS, t CityCouncil of the City of Newport Beach, State of California, by motion adopted, awarded to rlgolla & Scans Construction Company, Inc., hereinafter designated as the "Principal', a co tract for construction of 2011-20'12 SIDEWALK, CURB AND GUTTER REPLACEMENT, Co tract No_ 4850 in the City of Newport Beach, in strict conformity with the plans, drawings, spe ifications, and other Contract Documents maintained in time Public Works Department of the Ci of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Iincipal has executed or is about to execute Contract No. 4850 'and the terms thereof require 111he funishing of a Bond for the faithful performance of the Contract; NOW, THEREVORE, we, the Principal, and International Fidelity Insurance Company , duly authorized to transact business under the laws of the State of Califomia as Surety Itereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Four Hundred Thirty -Three Thousand, Nine Hundred Fifty and 001100 Dollars ($433,95Q.O1) lawful money of the United States of America, said sum being equal #o 100% of the estimat d amount of the Contract, to be paid to the City .of Newport Beach, its successors, and asst ns; 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 CONDITI N OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs; executors, ad istrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Corrtract Documents and any Iferadon thereof made as therein provided on its part, to be kept and performed at the time nd in the manner therein specified, and in all respects according to its true intent and meaning, o fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees all agents; as therein stipulated, then, Surety will faithfully perform the same, in an amount not exc ding the sum specified in this Bond; otherwise this obligation shall become null and void. 29 As a part of a obligation secured hereby, and in addition to the face amount specified in this Performance Bo d, there shall be included costs and reasonable expenses and fees, including reasonable attorney fees, incurred by the City, only in the event the City is required to bring an action in law or equit r against Surety to enforce the obligations of this Bond_ Surety, forlue received, stipulates and agrees that no change, extension of time, alterations or additio s to the terms of the Contract or to the work to be performed thereunder or to the specifications ac ornpanying the same shall in any way affect its obligations on this Bond, and it does hereby waiv notice of any such change, .extension of time, alterations or additions of the Contract or to the wo k or to the specifications. This Faithful performance Bond shall be extended and maintained by the principal in full force and effect for o e (1) year following the date of formal acceptance of the Project by the City. In the eventhat the Principal executed this bond as an individual, it is agreed that the death of any such Prilhcipal shall not exonerate the Surety from its obligations under this Bond_ IN WITNESSIIVIIHERE01', this instrument has been duly executed by the Principal and Surety above namea4lon the 14th day of November —12011. Grigolla & S Con ruction Company, Inc. (Principal) International Fidelity Insurance Company .Name of Surety 13400 Sabre Springs Parkway, Suite 270 San Diego, CA 92128 Address of Surety (858) 513-1795 Telephone Gam, gmll� Authorized Agent Arturo Ayala, Attorney -In -Fact Print Name and Title NOTARY ACKNOOVLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 30 ACKNOWLEDGMENT M M A�1rY YrtrYMI■tY Mt'^YY YYIYYYYrfY M�MYr ■��YYlr Yi MM Y�r��-! 1IY111Y Y�rrY YY■ YrrY rrlfrN ■MM /Y� State of California County of Orange On 1114 11 before me, Susan Pugh Notary Public, personally a eared Arturo Ayala ,who proved to me o4th basis of satisfactory evidence to be the person(2) whose name($) is/�esubscribed to thin instrument and acknowledged to me that helskait executed the same in hislb�authorized capacity(ies), and that by his/bwW9 Ax signatures(s) on the instrument the (s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PEN LTY OF PERJURY under the laws of the State of California that the foregoing paragraph s true and correct. WITNESS my hand Ind official seal. Signature Susan Pugh L._ - f` SUSAN PUGH , .:• - � .1, COMM. #1934229 r� No:ary Public -California ORANGE COUNTY U. \ s1 tviyComm.ExpiresApr29,MS (seal) i a r Y■■■■ r r■ r■■� Y t L y R A M +t M•■ r 11 Y•■ 1■ w a i■ i Y■ r r Y r YI + t■� r Y■ r Y M M A M Y R r i1� Y p■■ Y t■�■� Y r r� r� OPTIONAL INFORMATION Date of Document Type or Title of Documm, It Number of Pages in Dopurnent 11114/11 Thumbprint of Signer Faithful Performance Bond Two Document in a Foreign Language No Type of Satisfactory Ev ence: X Personally Kno with Paper Identification Paper Identificat n Credible Witnes .es) Capacity of Signer: Trustee X Power of Attorne CE0/CFC)/C0 President/ Vice resident / Secretary / Treasurer Other: Offier Information: 31 Ej Check here if no thumbprint or lingerptint Is available" ACKNOWLEDGMENT State of Cali' f�lor�nia,�� County of _�a�_Gh�E��i ) ss. On. / I // before me, LA- Ont r� Notary Public, personally al5peared ' ,who proved to me on the basis of satisfactory evidence to be the personas) whose namefg) is/aye subscribed to the within instrument and acknowledged to me that he/s4aAhey executed the same in his/herala.ek authorized capacity*), and that by his/he4th4i4r signatures(s) on the instrument the personal, or the entity upon behalf of which the personX acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION .AXI41AIV. �d*A -4 9:k IUD Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO / CFO / COO _,2� Pfe�Vice-P-resident / Secretary / Trca r Other: Other Information: 32 .(seal) /A Thumbprint of Signer Check here if no thumbprint or fingerprint is available. October 25, 2012 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC Mr. John Grigolla Grigolla and Sons Construction Company, Inc. P.O. Box 949 Azusa, CA 91702 Subject: 2011-2012 Sidewalk, Curb, and Gutter Replacement- C-4850 Dear Mr. Grigolla: On August 14, 2012, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on August 23, 2012, Reference No. 2012000485996. The Surety for the bond is International Fidelity Insurance Company and the bond number is 0572646. Enclosed is the Labor & Materials Payment Bond. Sincerely, �Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www. city. newport-beach.ca.us This bond was executed in three (3) PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT identical counterparts. BASED ON FINAL CONTRACT PRICE City of Newport Beach 2011-2012 SIDEWALK CURB AND GUTTER REPLACEMENT Contract No. 4850 BOND NO. 0572646 LABOR AND MATERIALS PAYMENT BOND WHEREAS, t a City Council of the City of Newport Beach, State of California, by motion adopted, has awarde to Grigalla & Sons Construction Cornpany; Inc., hereinafter designated as the "Principal," a ontract for construction of 2011-2012 SIDEWALK, CURB AND GUTTER REPLACEMENT, C tract No. 4850 in the City of Newport Beach, in strict conformity with the plans, drawings, spe ifications and other Contract Documents in the office of the Public Works Department of the Cit of Newport Beach, all of which are incorporated herein by this reference. WHEREAS,rincipal has executed or is about to execute Contract No_ 4850 and the terms thereof requir the furnishing of a bond, providing chat if Principal or any of Principal's subcontractors, shall the to pay for any materials, provisions, or other supplies used in, upon, far, 'or about the permance, of the work agreed to be done, or for any work or labor done thereon of any kind, tile Surety on this bond will pay the same to the extent hereinafter set.forth: NOW, T�EREFORE, We the undersigned Principal, and, International Fidelity Insurance company AUl t11 business under the held firmly bound u Thousand, Nine Hi States of.America, s Newport Beach und( bind ourselves, our severally, firmly by th vs of the State of California, as Surety, (referred to herein as "Sur ry') a et t ) the City of Newport Beach, in the sum of Four Hundred Thirty -Three dyed Fifty and ooll0o Dollars (W3,950.00) lawful money of the United I sum being equal to 100% of the estimated amount payable by the City of rhe terms of the Contract; for which payment well and truly to be made, we eirs, executors and administrators, successors, or assigns, jointly and e present. THE CONDITI N OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fall to ay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or bout the performance of the work contracted to be done, or for any other work or labor thereon f any kind, or for amounts due under the Unemployment Insurance Code with respect to such rk or labor, or for any amounts required to be deducted, withheld and paid over to the Employm t Development Department from the wages of employees of the Principal and subcontractors p scant to Section 1302D of the Unemployment Insurance Code with respect to such work and labo , thea the Surety will pay for the same, in an amountnot 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 e, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Cade of the S to of California, 33 The Bond sh II inure to the benefit of any and all persons, companies, and corporations entitled to fife claims rider Section 3181 of the California Civil Code so as to give a right of action to them or their asci s in any suit brought upon this Bond, as required by and in accordance with the provisions of Sec ons 8247 at. seq, of the Civil Code of the State of California. And Surety, f r value received, hereby stipulates and agrees that no change, extension of time; alterations or ac ditions to the terms of the Contract or to the work to be performed thereunder or the specifications iccompanying the same shall in any wise affect its obligations on this Bond, and it does hereby w aive notice of any such change, extension of time, alterations or additions to the terms of the Conti act or to the work or to the specifications. In the event hat any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESSIWHEREOF, this instrument has been duiy executed by the above narned Principal and Surety; n the 14th day of November 2011, r �I rigalla & S Cons ruction Company, Inc. Authorize ignaturelTitle bq�, {Principal) International Fidelity Insurance Company Name of Surety 13400 Sabre Springs Parkway, Suite 270 San Diego, CA 92128 Address of Surety (858) 513-1795 Telephone rized Arturo Ayala, Attorney -In -Fact Print Name and Title NOTARY ACKNOy(VLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 34 ACKNOWLEDGMENT r■r■■r■■rwrrrrr■■p■■■■.rrrr■rr■■■r■■r■w.cr■r■r■a■r.rrrrrr■rrr■r■rirrrrrrr■r■rrr■ State of California County of Orange }ss. On 11/14/11 before me, Susan Pugh Notary Public, personally ap eared Arturo Ayala who proved to me on the basis of satisfactory evidence to be the person(g) whose name(s) is/ re subscribed to the whin instrument and acknowledged to me that he/s3aftey executed the same in his1kar19k3iauthorized capacity(ies), and that by his/hwI teipc signatures(&) on the instrument the perso.. (s), or the entity upon behalf of which the person(ji) acted, executed the instrument. I certify under PEN41-TY OF PERJURY under the laws of the State of California that the foregoing paragraph N true and correct. WITNESS my hand and official seal. Signature Susan Pugh`._, SUSAN- PUGH ' !M. #1.934229 M \ f `_.,;1 F;NGEICOUNTYnia LL r\ ' Myiomm: Upires Apr29 2015 seaii sun RMAN w ■ w r w r ■ ■ ■ ■ r r r r ■ ■ ■ r r M ■ r NXN ■ r ■ r M ■ w ■ r ■ r ■ r ■ ■ r r ■ ■ ■ r ■ t Date of Document Type or Title of Documdnt Number of Pages in Do#ument Document in a Foreign Itanguage OPTIONAL WFORMATIQN 11/14/11 Thumbprint of Signer Labor and Materials Payment Bond Two No Type of Satisfactory Evi ence: X Personally.Know with Paper Identification Paper Identificati n Credible Witnes.. es) Capacity of Signer: Trustee X Power o. Attorne CEOICFO/CO President/ Vice- resident / Secretary /Treasurer Other Other Information: 35 C] Check here if no fhumbprint or fingerprint is available_ ACKNOWLEDGMENT ............................................................ONE MORENO MEN ME MEMEN State of California County of 445 `#t9-�-7 } SS. On ��� �� before me, Gc- `1 �G� Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the personm whose namex is/are subscribed to the within instrument and acknowledged to me that he/sheAh y executed the same in his/ham authorized capacity(j*, and that by his/ jr signatures(s) on the instrument the person(*), or the entity upon behalf of which the person(A) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Sign ture 'A 1 a i,-.-:r t ("A-:. v-r-;�::a:,: ��•y;'a�w:rv�ox✓wnf:•c rrv�*rcw�s (seal) ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ . ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ 1 OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) N Z) Capacity of Signer: Trustee Power of Attorney CEO / CFO / COO Rmsideuf / Vice -President / Secretary / Tleasimer Other: Other Information: 0 Thumbprint of Signer Check here if no thumbprint or fingerprint is available. RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 n ounyN;f Recorded in Official it,�,t--{, I Tom Daly, Clerk` -Re IIo FEE '''�'� !' IIIIIII ''�I VIII' IIIIII'III �IIII �III�IIIIIIIIIII R 0 0 0 * $ 2012000485996 8:29 am 08 3 276 422 N12 1 QFRC WF 00 0.00 0.00 0.00 0.00 0.401 CR 9 NEMRT PRO,N "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 Grigolla and Sons Construction Company, Inc. of Azusa, CA, as Contractor, entered into a Contract on November 8, 2011. Said Contract set forth certain improvements, as follows: 2011-2012 Sidewalk, Curb, & Gutter Replacement - (C-4850) Work on said Contract was completed, and was found to be acceptable on August 14, 2012, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is International Fidelity Insurance Company. BY l /Z Pu lic Wor s Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. f'r Executed on 6I VST 1b, ��Z , at Newport Beach, California. BY WVw pF tAE 0 City Clerk A " y , ` OR � CITY OF NEWPORT BEACH . / City Council S i a ff Report Agenda Item August 14, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FRONT: Public Works Department Stephen G. Badum, Public Works Director 949 - 644 -3311, sbadum @newportbeachca.gov PREPARED BY: Alfred Castanon, Associate Civil Engineer APPROVED:C_ TITLE: 2011 -2012 Sidewalk, Curb & Gutter Replacement - Notice of Completion and Acceptance of Contract No. 4850 ABSTRACT: On November 8, 2011, City Council awarded Contract No. 4850 (2011 -2012 Sidewalk, Curb & Gutter Replacement Project) to Grigolla & Sons Construction Company for a total contract cost of $433,950.00 plus a 12% allowance for contingencies. The required work is now complete and staff requests City Council acceptance and close out of the contract. RECOMMENDATIONS: 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with the applicable portions of the Civil Code. 3. Release the Faithful Performance Bond one year after Council acceptance. FUNDING REQUIREMENTS: Funds for the construction contract were expended from the following accounts: Account Description Account Number Amount General Fund 7013- C2001009 $ 451,726.50 Total Construction Cost: $ 451,726.50 2011 -2012 Sidewalk, Curb & Gutter Replacement - Notice of Completion and Acceptance of Contract No. 4850 August 14, 2012 Page 2 DISCUSSION: Overall Contract Cost/Time Summary Contract Award Final Cost at Benchmark Actual Contract Time Amount Completion Target Contract Time Under ( -) (days) or Over ( +) $433,950.00 $451,726.50 12% or less 4.1% 85 18 The work necessary to complete this contract consisted of reconstructing sidewalks, curb and gutters, driveway approaches, curb access ramps, tree removal, pruning trees, installing tree root barriers, and replanting new trees in the Newport Center, Harbor View Hills, Corona Del Mar, Corona Highlands, Cameo Highlands and Newport Coast communities. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: Actual cost of bid items constructed: Contract change orders: Final contract cost: $ 433,950.00 $411,548.50 $ 40,178.00 $ 451,726.50 The final contract cost was 4.1% above the original contract amount. There were two change orders totaling $40,178.00. The change orders were for the Marine Avenue ADA Improvements on Balboa Island and additional concrete replacement work for Dorchester Drive in the Cameo Highlands community. A summary of the project schedule is as follows: Estimated Completion Date per July 2011 Baseline Schedule: February 8, 2012 Project Awarded for Construction: November 8, 2011 Completion Date from Award with Approved Extensions: June 14, 2012 Actual Substantial Construction Completion Date: May 18, 2012 ENVIRONMENTAL REVIEW: City Council found this project exempt from the California Environmental Quality Act ( "CEQX) pursuant to Section 15301(c). This exemption covers the minor alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. 2011 -2012 Sidewalk, Curb & Gutter Replacement - Notice of Completion and Acceptance of Contract No. 4850 August 14, 2012 Page 3 NOTICING: This agenda item has been noticed according to the Brown Act. In addition, the City Clerk will be filing a Notice of Completion for the project as a result of this action. The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Submitted by: Location Maps I �� r� � �� ��� i(�' �J'J �� iii II� ,l �, �4• , p �P �T) U ti Q tP S w x• C F' U P9 O a p e 000x: C,q TF-P n to FTf`,pR NSF Cy/vgr QQ.. IS" D Q AEG aP CLEMENT )WSA14 a z �4• , p �P �T) U ti Q tP S w x• C F' U P9 O a p e 000x: C,q TF-P n to FTf`,pR NSF Cy/vgr QQ.. IS" ♦QW `Bpi � J °v In av qO 'm s Jti o c92 0. 1O 2 FP c QP q /. Lf J FASfl-Jl0N ISLAND v r a o � z R44 � oN DRIVE ENTRY WQ PtiP �Q o wr (Pvr) O�P�o NEWPORT CENTER FY 2011 -2012 SIDEWALK, CURB & GUTTER REPLACEMENT PROJECT LOCATION MAP LN c P.. Oe cOCy OP�CnO Q0 y ti c .O -01 P C.. 4r �Oc z <„ m G � 9 P �T > 2 PVT) 090 r?� o P F r A p O \NS T� N � n v A !a C 2� o0� <R CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C -4850 I SHEET 1 z n 9 ➢ A Fq P1 Rq; -(ON RI ENTRY P O wQ P Oc k'Y (PVT) a d0 a e 00 �P 9ST hiJ "➢ me Jp ,i 9fTx INC P O F FR JP P 0J ST � yA� r a� < e r �O J� .E9N 4 T f�pR Sfvy y P.F Pf" NJ FP gR� OC. �q,f4s Li^6 9:q. ryLf � P0101c 54v 4..PA;ORP (,�I,, HP' f-ST y C Q tR 0 O "CA TS rR FfT S ARL 4TF r JER o t SAN JOAOUIN CATAIAARaW UP MILLS ROAD r - d"', GO' Y'. CO Tye l Dal 96Ti.'o'hy_� yr. R % T p ^➢ ne (�jcaT a INLET OR BLUE `P V7) P m vI N n 9Cn Un ✓n Q e n_ 9 A w KNEEY k E p? 4, INE ' � W �JAS!fF� s Pn �L�- kMREVJAt�R yP ry, ;ly L '> 11 e ER d' f B A ^ b 9,y00 !I, 'u • T F FP oR v Npf �4C ^J "E" 'A'OU.E PREMIERE POINT \/1 �O (, 'C iFP)I 0416E (PVI) / Q (A MGR ERS nA ,. 'Fr `_ p< '2' a{J, c 90 ROC OR v41A, S( R V 6 hu O ( °4g Pl R 4 C4[N0k O roP Oa�ST �O Nq�awA,lY oRT qry °o (}� SAO OQO :AfMOV TOry T RD z PEAL. N D,. 414 PARRnR \ /IPkAl R rnRnI\lA f1Fl KAAR FY 2011 -2012 SIDEWALK, CURB & GUTTER REPLACEMENT PROJECT LOCATION MAP CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C -4850 I SHEET 2 a o r� � v � t `✓rc .av< k'� YS45 `L ry G Y 4 a l � v � t `✓rc .av< k'� YS45 ±n 'N n;r }3 ti ct 5 0 �� 2 .vG 9'O � rte:° "•PS ....,° d W� U•'S� S k rSiS { a y1' a .�„ � r �, � •• - v Y > # d d Alt it n+ b f p • S NEWPORT COAST FY 2011 -2012 SIDEWALK, CURB & GUTTER REPLACEMENT PROJECT LOCATION MAP ,; ,E• e° w Q U N O H h O Z CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C -4850 I SHEET 3 CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 82663 until 10:00 AM on the 13th day of October, 2011, at which time such bids shall be opened and read for 2011 -2012 SIDEWALK, CURB AND GUTTER REPLACEMENT Title of Project Contract No. 4850 $524,250.00 Engineer's Estimate � Stdphen`G. Badum Public.Works Director Prospective bidders may obtain Bid Documents, and Project Specifications by contacting Mouse Graphics at (949) 548 -5571 Located at 659 W. 19th Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project: "A or C -8 " For further information, call Alfred Castanon, Project Manager at (949) 644 -3314 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.NewportBeachCA.gov CLICK: Online Services /Bidding & Bid Results City of Newport Beach 2011 -2012 SIDEWALK, CURB AND GUTTER REPLACEMENT Contract No. 4850 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS .......................................................... ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................9 NON - COLLUSION AFFIDAVIT ...................................... ............................... 13 DESIGNATION OF SURETIES ....................................... ............................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD ........................ .............................15 ACKNOWLEDGEMENT OF ADDENDA ........................................... .............................17 INFORMATION REQUIRED OF BIDDER ........................................ .............................18 NOTICE TO SUCCESSFUL BIDDER ............................................... .............................21 CONTRACT.................................................................................... ............................... 22 FAITHFUL PERFORMANCE BOND ................................................ .............................30 LABOR AND MATERIALS PAYMENT BOND .................................. .............................33 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 2 City of Newport Beach 2011 -2012 SIDEWALK, CURB AND GUTTER REPLACEMENT Contract No. 4850 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any, or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770 -7981 inclusive).. A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 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. 514 l3o A Contractor's License No. & Classification &400a & Sons Comt. Co. INC. Bidder . ; . 10- Io-I) Date C,! Bond No. GRISO -84 City of Newport Beach 2011 -2012 SIDEWALK, CURB AND GUTTER REPLACEMENT Contract No. 4850 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of Amount Bid Dollars ($ in of Amount Bid ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of 2011- 2012 SIDEWALK, CURB AND GUTTER REPLACEMENT, Contract No. 4850 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 10th day of October , 2011. Grigolla 6 Sons Construction Co., Inc. Name of Contractor (Principal) pro International Fidelity Insurance Compam Name of Surety 13400 Sabre Springs Parkway, Suite 270 San Diego, CA 92128 Address of Surety 1850) 513 -1795 Telephone Arturo Ayala, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 10/10/11 before me, Daniel Huckabay, Notary Public , Date Here Insert Name and Title or the Officer personalty appeared Arturo DANI CNABAY COM96314 n �:`.®'.. Notary Lalifornla 0 ,M OROUNTY a y COmlllApr. 24, 2012 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(g) whose name(jo ishme subscribed to the within instrument and acknowledged to me that he /sheAbm executed the same in his/kv-kheir authorized capacity0mi), and that by his/kwAhi* signature(s) on the instrument the person(s), or the entity upon behalf of which the person(m) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that foregoing paragraph is true and correct. Witness my Signature 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: Bid Bond Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Arturo Ayala ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General [Z Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Number of Pages: One Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s)_ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here 0 2007 Nalbnal Notary Assuclation • 9350 De Sole Ave., P.O. Box 2402 • ChanreoM, CA 913132402 • w Nationalllotaryorq Item #5907 Reorder: Call To"ree 14 876 -8827 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of: Californian County of: On �0 I O a-D // before me, personally appeared Aw who proved to me on the basis of satisfactory evidence to be the person (s) whose name( is /are subscribed to the within instrument and acknowledged to me that he /sheithey executed the same in his /hedtheir authorized capacity (in), and that by his /heNtheir signature(sron the instrument the person(4, or the entity upon behalf of which the person(4acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal` OTLIIA Capacity Claimed by Signer(s) ❑ Individual(s) w Corporate Officer Ec 7�v S�� � 4,jj 1J n�7 . -Ir n4(�lil •. —*. Sigetu of Notary Publi Srws•:•a . ,..v,•.:- .:,.r >::.��.s.,.,f.. -. ,.., -.. �., 44 (Notary Seal) -OPTIONAL INFORMATION- Information below is NOT required by law however may deter fraudulent removal of this form. C Description of Attached Document Number of Pages / Document Date: /0 / sv( Capacity Claimed by Signer(s) ❑ Individual(s) w Corporate Officer Ec 7�v S�� ❑ Partner ❑ Attorney -in -Fact o Trustee(s) ❑ Other Title or type of document AdditioWal information Tei.(9',S) 624 -7200 PO� �'CE ®�?- L`s .p. -1 H ' °Bond No, GRISO - -84 , INTERNATIONAL FIDELITY INSgJRANCE' COM' AN'Y HOME OFFICE- ONE NEWARK CEN'.rER, 20TH FLOOR ' - NEWARK. NEW JERSEY 07102-5207 - - KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL, FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office, in the City of Newark, New Jersey, does hereby constitute and appoint. DWIGHT REILLY, RALPH EIDEM, JR., ARTURO AYALA, DANIEL HUCKABAY Orange, CA, its (rue . and lawful attorneys) -in -.fact to execute, seal and deliveNfor and on its behalf as surety, any and, all bonds and undertakings, contracts of indemnity and other writings obligatory- in the nature thereof, which are of may be allowed, required or permitted b law, stature. rule, regulation, contract or otherwise, and the execution of such ms roment(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL. FIDELITY INSURANCE COMPANY,,, as fully and amply, to all. Intents and purposes, as if the saute had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attonie>� is executed; and ma be revoked, pursuant to and by authority of Ar(icle 3-Section 3, of the By -Laws ado led by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY u a meeting called and held on the 7th day of February,' 1974. The President or any Vice President. Executive. Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of (lie Company thereto; bonds and undertakings, contracts of indemnity and other: writings obligatory in the nature thereof and, - (2) To remove. at any time, any such attorney -in -fact and revoke the authority given' Further, this :Power of Almrney is signed and sealed by facsimile pursuant to resolution of the, Board of Directors of said Company adopted' at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt Now therefore (he signatures of such officers and the seal of the Company may be affixed many such tower of attorney, or any certificate relating thereto by facsimile, and any such power of attorney, or certificate bearing such facsimile signatures m facsimile seal shall be valid and binding upon the Company and any such power so executed . and certified by facsimile Signatures and facsimile seaf'shall be valid and binding upon. (he Company In the future with respect to any bond or undertaking to which it is attached. AtTY /NJ IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this l6th day of October, A.D. 2007. I`PO wl �y IN'T'ERNATIONAL FIDELITY INSURANCE COMPANY S C7 1904, O: STATE OF NEW JERSEY County of Essex BIERS 3` a l�� Secretary _ On this -161h day of October 2007, before me came the individual who executed the )receding instrument, to me personal )yy known, and, being by me duly sworn, said the he is the [herein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE i MPANY; that the seal affixed to said instrument is tie Corpomle. Seal of said Company: that the said Corporate Seal and his signature . were duly affixed by order of the Board of Directors of said Company, - - e`',��`I VAz IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, P at the City of (Newark. New Jersey the day and year first above written. :lee_s 97k0F..... J�Q N i, 11` A NOTARY PUBLIC OF NEW JERSEY -. CERTIFICATION My Commission "Expires March. 27, 2014 1, the undersigned officer of INTERNATIONAL. FIDELITY INSURANCE COMPANY do hereby certify that 'I' have compared the foregoing . copy of the of Attorney and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney, with die ORIGINALS ON IN THE ROME OFFICE OF SAID COMPANY, and Iha4 the same are correct - transc 1pts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now fit fill force and effect' - - - IN TESTIMONY - WHEREOF., I have-hereunto set my hand [his 10th - day M October,. 2011 - - - .AssystaiwSecretary ; AA j Y ia.. City of Newport Beach 2011 -2012 SIDEWALK, CURD AND GUTTER REPLACEMENT Contract No. 4850 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:c�.l.. Lo,.� L Sc�Pir� X13 6apply4 PIav,4 T"A 30o Address: GM G res."� C". V%o) CP1 0l V? ICI Phone: 10>t - �a�' s�3 State License Number: ;ay ✓�,D Name: TYe�Sw„ . ;%5 0/a �..o�l� T✓FeSnn q.I�Q Address: 1651 jJ.l�l. Rer /9 �Sr71 GPX���i¢dtlIA-6t;,4 I 4% Avwlne i r, I l .r f o" J(� V'iA 5 Ile a4rr,c.TL. TO O Phone: C -tq Fp3? State License Number: -9+a "Mr. Name: l� &N�, ; C� . .�`l 7 Address:i City of Newport Beach 2011 -2012 SIDEWALK, CURB AND GUTTER REPLACEMENT Contract No. 4850 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name Grigo&& Sow Const. Co. INC. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number Grp 7, Project Description Approximate Construction Dates: From Agency Name rf 0 –// / / //O Contact Person AI Telephone (% gi31– 4116 U Original Contract Amount CL=Final Contract Amount $ O (0 � V5V1 If final amount is different from original, please explain (change orders, extra work, etc.) 14411— 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. A/1)9- 9 No.2 f/ Project Name /Number /& Project Description 4914 ss v Approximate Construction Dates: From 3/// To: -5/7" Agency Name (4 !Contact Person *We �� "O Telephone 041- Original Contract Amount $ / 606, Final Contract Amount $ /9Z. 3 79,' 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. AJ14 -No. 3 Project Name /Number Project Description Approximate Constru( 7, Una /0c Gt/tTi'K �� 4f,S �l /C8 Agency Name L-if Zj ni t /7,/� n /772afisD�h f'/i� Contact Person U' ly/ Telephone Original Contract Amount $ hnal Contract Amount $ oZ 3 71 3719 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. J) / A- 10 No. 4 Project Name /NumberVr. Annfl L Ciri A�7` Project Description �, ��� 7i�d e4(y , �3 1 L i� - /7woe A19127A0qS_ - Approximate Construction Dates: From _ `� /� To: {15 IJEEZt--V Agency Name Contact Person JD>�aJ v � � Telephone v0q _:39'Y-6';L-'00 Original Contract Amount $ 'fo/ 0000nal Contract Amount $ 'R6, 6,06 If final amount is different.from original„ please explain (change orders, extra work, etc.) 0 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. AII - / /a-0/ o �ji /L cr2Gzr� / /2E cn /2- ss� 4 No. 5 Onw 4fL Project Name /Number //����� �� e`L v Project Description //ireA' /" Approximate Construction Dates: From 3�y To: �� Agency Name C���! XAy v Contact Person `/ � � U Telephone M 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. N/ A- 11 -No. 6 .Project Name /Number Project Description Approximate Construction Dates: From. `y �� / To: 5111 Agency Name Ll �i, �z Z/44 Contact Person Telephone (y�41_ #ea J 7(, o-35_ Original Contract Amount $ Final Contract Amount $ ��, oZ3��• ° y If final amount is different from original, please explain (change orders, extra work, etc.) A2,114- 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. IV114- 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. Grwfla Br Sons Conn Co. flVC. Bidder Authorized n ture/Ti e 12 �! -! III - 1111 - 1111- !i! -II!1= 1111 - 1111- _GI; -1!II -11!1- 1111 - 1111 = 1111 -1111- 1111_. =1111 81 il.Jallcc ✓c.irG cnv/rnc /ici>; mac.. irt. P.O. Box 949• Azusa, Ca. 91702 Ph# (626) 334 -6634 Fax# (626) 334-5591 License # 514132 -A Email: david@grigollaandsons.com 1111 - 1111 = 1111 = !lit- III�IIII- 1111 -1111 - 1111 -1111= 1111 - 1111 -1111- 1111 - 1111 -1111- =1111 Experience Levels Raymond L. Grigolla: Raymond started concrete construction with his father at age 16 as part time and after school full time. He has 29 years of managing field crews as well as first hand experience in constructing curbs, gutters, driveways, sidewalks, street pavement, breaking and demolition in -kind. Tracks and manages all company vehicles. Raymond Grigolla will be General Superintendant, John L. Grigolla: John started concrete construction with his father at age 16 as part time and after school full time. He has 28 years of managing field crews as well as first hand experience in constructing curbs, gutters, driveways, sidewalks, street pavement, breaking and demolition in -kind. Manages all company schedules. Ruben Gonzales: Ruben started concrete construction with our company as a labor. He has successfully worked his way up to senior company foreman. He has 28 years of managing field crews as well as first hand experience in constructing curbs, gutters, driveways, sidewalks, street pavement. He has an outstanding ability to correct problems before they happen. His talents also include masonry, stamped concrete, and other walks with decorative finishes. David Grigolla: Senior estimator with 24 years of field and office experience. He handles all the estimates, contracts, billings, change orders, field measuring. Keeps all paperwork managing, in charge of safety issues. Manage all home owner letters and notices. David Grigolla will be General Manager. City of Newport Beach 2011 -2012 SIDEWALK, CURB AND GUTTER REPLACEMENT State of California ss. Contract No. 4850 NON- COLLUSION AFFIDAVIT County of 4p6 / /L, /of/x/ ��ArriGr; OO/ZI90 /4c- being.first duly sworn, deposes and says that he or she is x2E6/CK- � ,1 of cf!,,o ,,{L S Us the party making the Tr foregoing bid; that the bid is not made in the interest of, on behal 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 Late of C lifornia that the foreg ng is rue and correct. Griaolla & Sons Const. Co. INC. S e ee�°e.4 ar Bidder ut orizediffiglurelTitle Subscribed and sworn to (or affirmed) before me on this 10-y^ day of dr , 2011 by Jl�J AAv2'et r�/Lt 9a�L� proved to me on the basis of satisfactory evidence to be the personjs who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. vS ELLA� OR! li 0 1.tiA e, Not# Pu he [SEAL] 'ga M Y Commission Ex P ires: /� i 13 City of Newport Beach 2011 -2012 SIDEWALK, CURB AND GUTTER REPLACEMENT Contract No. 4850 DESIGNATION OF SURETIES Bidders name Grigolla& Sow Const. Co. INC 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): 14 City of Newport Beach 2011 -2012 SIDEWALK, CURB AND GUTTER REPLACEMENT Contract No. 4850 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name GH8011a & SonsConsl. Co. INC. Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 15 Current Record Record Record Record Record Year of for for for for for Record 2010 2009 2008 2007 2006 Total 2011 No. of contracts UU Total dollar Amount of uu -I ' ?3,0 4,.)L a Contracts (in Thousands of $1 r1i��iotn M ��p� ��� yv�;��,ocI N^�����,�lior] d4,�(iovl No. of fatalities No. of lost Workday Cases 5 jel' 3 ,� No. of lost workday cases involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 15 Grigolla & Sons Const. Co. INC. Legal Business Name of Bidder P.O. Box 949 Business Address: ANN% CA 91702 Business Tel. No.: G2)&- (cG3 State Contractor's License No. and Classification: Sl�i I �a A Title C wr 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 Sianatureof Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. 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 if fewer than all of the partners /joint ventures submit 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 signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners /joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 16 ACKNOWLEDGMENT s.® m v® e o o u u. e. e.. e o.. v o v o. s o o eo • o m v o a o u e. e... e s u o o.. s. e n c e. e c s u e e e n e n n u n a u m e e eI State of California County of Z_,v ia�,2 e S ) ss. �- I V cI On I ©,ate I( before mePP�a r (gmS No ary Public, personally appeargd .moo(^" G.r"S al (a', P het, " �vr 0 ✓ - M proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) )9/are subscribed to the within instrument and acknowledged to me that ly?/Ae /they executed the same in Pps /kdtheir authorized capacity(ies), and that by Ads /Ar /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the .laws of the State of California that the foregoing paragraph is true and correct. and and official seal. « xg STELLA GRIGOLLA CONIM # 1870454 22 U) ' °'� , / NOTARY PUBLIC - CAI.IFORNIA UJ s Los ANGELES CGUNI, /r My Comm. Exp. Nov. &. 2013 `a (seal) voman•........ OO®a•G . ............................... M.......................... Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION O— few —I1 V271;DDw� 1°'rB�r a1i� Type of Satisfactory Evidence: X Personally Known with Paper Identification _ Paper Identification Credible Witness(es) Capacity of Signer Trustee Power of Attorney _ CEO /CFO /COO _ President / Vice - President /_Secretary / Treasurer Other: Other Information: Thumbprint of Signer Check here if no thumbprint or fingerprint . is available. City of Newport Beach 2011 -2012 SIDEWALK, CURB AND GUTTER REPLACEMENT Contract No. 4850 ACKNOWLEDGEMENT OF ADDENDA Bidders name Grigona& SonsConst. Co. INC The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: I Addendum No. I Date Received J_ Sianaiure I iVA City of-Newport Beach 2011 -2012 SIDEWALK, CURB AND GUTTER REPLACEMENT Contract No. 4850 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: Grigolla do Sons Const. Co. INC. P.6. BOX 949 Business Address: Azusa, CA 91702 Telephone and Fax Number: Cn2* / — California State Contractor's License No. and Class: Sit (3;;) A (REQUIRED AT TIME OF AWARD) Original Date Iss ed: 7 3� -8" Expiration Date: 7— 31 — 1 ?J 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: �AyI Q �rr i 4�1 Io. j JP C°�!`e- �a,✓"1 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 CI rk Title Address Telephone Ga6-33�f 3`f Corporation organized under the laws of the State of C.�( ; rP ®r tot Q. W The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past_ five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; 0 &vim Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. a 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 pliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes No N Are any claims or actions unresolved or outstanding? Yes o If yes to any of the above, explain. (Attach additional sheets, if necessary) N9"_ � Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. Joln 61 V, (Print name ofIIuer President of CorporationlCany) GvigolfaA Sons Comr. Co. INC. Bidder l . lv 10 -1�-( Date On before me, 4��J� �'^' �I�S Notary Public, personally appeared—'o 1%gv+0 ri q who proved to me on the basis of satisfactory evidence to be the person s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that XI/ Ke /they executed the same in Y'K/Aer /their authorized capacity(ies), and that by %i6 /)rer /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notpr ublic in and fo aid State My Commission Expires: Ale 1/ 6 j 2-013 (SEAL) \� J L i_! 11 rD i n, /I I.. LA v�1s C 0Kt ^ �IARM Lc.s M'! aM' r,0+.,r:rr VSWWP' RP[^ OOi.cVV,ryS�Tj{{.OTTav/YY'1wrL� Hy cal. "i. E_v Fla✓. F, 2013 20 City of Newport Beach 2011 -2012 SIDEWALK, CURB AND GUTTER REPLACEMENT Contract No. 48 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 a 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 (1C) 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. 21 City of Newport Beach 2011 -2012 SIDEWALK, CURB AND GUTTER REPLACEMENT Contract No. 4850 CONTRACT THIS CONTRACT FOR PUBLIC WORKS entered into this _ day of , 2011, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter City( "City ") and GRIGOLLA & SONS CONSTRUCTION COMPANY, INC., ( "Contractor"), is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: The work necessary for the completion of this contract includes, but not limited to, removing sidewalk, curb and gutter, and access ramps; removing or pruning tree roots; removing trees; constructing PCC sidewalk, curb and gutter, and access ramps; installing tree root barriers, restoring private improvements impacted by the work, and other incidental items to complete work in place as required by the contract documents. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non- Collusion Affidavit, Notice to Successful Bidders, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 4850, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents'). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 22 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 Four Hundred Thirty -Three Thousand, Nine Hundred Fifty and 001100 Dollars ($433,950.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractors acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 et seq.). E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Attention: Alfred Castanon (949)644-3314 CONTRACTOR Grigolla & Sons Const. Co., Inc. P.O. Box 949 Azusa, CA 91702 626- 334 -6634 626- 334 -5591 Fax INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. Coverage and Limit Requirements. a. Workers' Compensation. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and employer's liability insurance with limits of at least one million dollars ($1,000,000) each type for Contractor's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' 23 Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section'3700 for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the required certificate of insurance, a copy of such waiver of subrogation endorsement. b. General Liability. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) General Aggregate and two million dollars ($2,000,000) Products and Completed Operations Aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. C. Automobile Liability. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. d. Builders Risk. For Contracts with Construction /Builders Risk property exposures, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special form causes of loss with limits equal to one hundred percent (100 %) of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and /or Flood. City shall be included as an insured on such policy, and Contractor shall provide the City with a copy of the policy. 2. Other Insurance Provisions. a. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and an additional insured endorsement for general liability. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current evidence of insurance shall be kept on file with City at all times during the term of this contract. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bond documentation. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 24 b. General liability insurance provisions. Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: i. City, its elected or appointed officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. Contractor shall submit to City a copy of the additional insured endorsement along with the required certificates of insurance. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. d. Notice of Cancellation. Contractor agrees to oblige its insurance broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage except for builder's risk insurance. The builder's risk policy will contain or be endorsed to contain a provision providing for 30 days written notice to City of cancellation or nonrenewal, except for nonpayment for which ten (10) days notice is required. e. Self- Insured Retentions. Contractor agrees not to self- insure or to use any self- insured retentions on any _ portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to City. If contractor's existing coverage includes a self- insured retention, the self- insured retention must be declared to City. City may review options with the contractor, which may include reduction or elimination of the self- insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. 25 f. Timely Notice of Claims. Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this Contract. g. Waiver. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. h. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. i. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. City's Remedies. City shall have the right to order the Contractor to stop Work under this Contract and /or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. In the alternative, City may purchase the required coverage and charge Contractor the cost of the premiums or deduct the cost from Contractor's payments. k. Coverage not Limited. All insurance coverage and limits provided by contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other Contract relating to the city or its operations limits the application of such insurance coverage. I. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any services under this or any other contract or Contract with the City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and /or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 26 G. 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. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, 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 breach of the terms and conditions of this Contract, any work performed or services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. The rights and obligations set forth in this Article shall survive the termination of this Contract. H. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to 27 be performed, and has correlated all relevant observations with the requirements of the Contract Documents. I. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. J. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the dates written below. APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY Date: 77YA'_� Le nie Mulvihill Assistant City Attorney ATTEST: I S I I Date: 1 Leilani I. Brown City Clerk M CITY OF NEWPORT BEACH A California Municipal Corporation and City and Dat 10 GRIGOLLA & SONS CONST. CO., INC. California Corporation By: Q.—, (Corporate Officer) Title: President Print Name: John Grigolla Date: t I - 14 — I I 4 ancial Title: Secretary Print Name: David Grigolla Date: I1- 14 -11 CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of: California County of: C_t,s� �l�5 On before me, elc_ Gn e- Colle f IV ©te—rr Y" c� (na nd lifle of the officer) personally who proved to me on the basis of satisfactory evidence to be the person (s) whose name(s) dare subscribed to the within instrument and acknowledged to me that f)(/" /they executed the same in V /?W /their authorized capacity (ies), and that by Rj4 /t & /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal ; NE!LA r;RIGO( ,i Capacity Claimed by Signer(s) Number of Pages �] rp "",x.t:Y°•"-',:Si'� qvl ?;;p PUrU -i "tVi pgn'if� Document Date: ! 1_ I4" 11 fdPCorporate Officer Signal ur o tary Public ?a- •<:.;}.. +�..•�o:.. .- .:Mw•rw,+, CjmkV-r,� NO. ygrj� (Notary Seal) ❑ Partner ❑ Attorney -in -Fact - OPTIONAL INFORMATION — Title or type of document Information below is No'r required by law however may deter fraudulent removal ofthis form. Description of Attached Document Capacity Claimed by Signer(s) Number of Pages �] ❑ Individual(s) Document Date: ! 1_ I4" 11 fdPCorporate Officer CjmkV-r,� NO. ygrj� ❑ Partner ❑ Attorney -in -Fact Title or type of document ?06. 20 *y a ab ❑ Trustee(s) ❑ Other Addt Tonal information ('REMIUM IS FOR CONTRACT TERM This bond was executed in three(3) AND IS SUBJECT'rO ADJUSTMENT identical counterparts. BASED'ON FINAL CONTRACT PRICE City of Newport Beach 2011- 201210EDEWALK, CURB AND GUTTER REPLACEMENT Contract No. 4850 BOND NO. 0572646 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 7, 509.00 , being at the rate of $ $25.00 & $15.00 thousand of the Contract price. WHEREAS, "P City Council of the City of Newport Beach, State of California, by motion adopted, awarded to rigolla & Sons Construction Company, Inc., hereinafter designated as the "Principal', a co tract for construction of 2011 -2012 SIDEWALK, CURB AND GUTTER REPLACEMENT, Co tract No_ 4850 in the City of Newport Beach, in strict conformity with the plans, drawings, spa ifications, and other Contract Documents maintained in the Public Works Department of the Cit of Newport Beach, all of which are incorporated 'herein by this reference. WHEREAS, incipal has executed or is about to execute Contract No_ 4850 "and the terms thereof require ilhe furnishing of a Bond for the faithful performance of the Contract; 0ZC California as Beach, in the Dollars ($43: THEREFORE, we, the Principal, and International Fidelity Insurance Company , duly authorized to transact business under the laws of the State of Surety i iereinafter "Surety "), are held and tirrnly bound unto the City of Newport sum of Four Hundred Thirty -Three Thousand, Nine Hundred Fifty and 001100 ,950.00 lawful money of the United States of America, said sum being equal to 100% of the estimatE d amount of the Contract, to be paid to the City of Newport Beach, its successors, and assi ns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and dministrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITI N OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs; executors, adm istrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, oI fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees ar d agents; as therein stipulated, then, Surety will faithfully perform the same, in an amount not exc ding the sum specified in this Bond; otherwise this obligation shall become null and void. 29 As a part of a obligation secured hereby, and in addition to the face amount specified in this Performance Bo d, there shall be included costs and reasonable expenses and fees, including reasonable attorney fees, incurred by the City, only in the event the City is required to bring an action in law or equi against Surety to enforce the obligations of this Bond. Surety, for lus received, stipulates and agrees that no change, extension of time, alterations or ad litloi is to the terms of the Contract or to the work to be performed thereunder or to the specfioations ac ompanyr, g the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the wo k or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for ohs (1) year following the date of formal acceptance of the Project by the City. In the event ^^hat the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESShWHEREOF, this instrument has been duly executed by the Principal and Surety above nameolionthe 14th day of November 2011. Grigolla & SdWConstruction Company, Inc. (Principal) International Fidelity Insurance Company Name of Surety 13400 Sabre Springs Parkway, Suite 270 San Diego, CA 92128, Address of Surety (858) 513 -1795 Telephone Arturo Ayala, Attorney -In -Fact Print Name and Tide e"5-11', 11 ti NOTARY ACKNOJVLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED all ACKNOWLEDGMENT ................e............ n. 4.. n....... a. a v........... ............. u.. 44.4. Stale of California County of orange On 11/14 11 before me, Susan Pugh Notary Public, personally a eared - Arturo Ayala ,who proved to me on thl basis of satisfactory evidence to be the person(2) whose name(a) is/are subscribed to the within instrument and acknowledged to me that he /shafthey executed the same in his /ke authorized capacity(ies), and that by his /bUildRieiK signatures(s) on the instrument the pers (s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PEN�LTY OF PERJURY under the laws of the State of California that the foregoing paragraph s true and correct. WITNESS my hand -Ind ojicial seal. Signature Susan Pugh SUSAN PUGH COMM #J.934229 n I' °'K •`';• NOtW Public -Ca U: Y IlECrnia c ORANGE COUNTY tl MyCamm. spires Apr29, 20108 (seal) ................. L ............................... 0..... a a. o ai................... Date of Document Type or Title of Documr.- It Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION 11/14/11. Faithful Performance Bond No Type of Satisfactory Ev ence: X Personally Knou with Paper Identification _ Paper Identificat n Credible Wit nes es) Capacity of Signer Trustee x Power of Attorney CEO/CFO/COO President/ Vice- resident /Secretary i Treasurer Other: Other Information: 31 Thumbprint of Signer E] Check here if no thumbprint or fingerprint Is available. ACKNOWLEDGMENT •...... o e o o o.. e a n o. ee®. m. v.. o o e e. v v o. e o o o a o o•• n. .. a o.... o. e. e e e v. m.. v o e o o a.. n u. State of California County of / ) ss. On /Vd71. i , d--D/i before me, Clti n� / /G� Notary Public, personally appeared V,ri d ofi 5L;L1LAL who proved to me on the basis of satisfactory evidence to be the personas) whose namep) is /ace subscribed to the within instrument and acknowledged to me that he /stey executed the same in his /herAh& authorized capacity*), and that by his /he4their signatures(s) on the instrument the personW, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Sig ure (seal) .. v... a.. e.. o a.. o. c.... o...... e e. v. m.... o o o e o... . o v.... e.... a e o m... a v.. e. e.. o.I Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION O AIV. r�. AJO Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO /CFO /COO Przsideni -/- Vise -P resident / Secretary / Trea&u4:er Other: Other 32 /6;-e // Thumbprint of Signer Check here if no thumbprint or fingerprint is available. PREMIUM IS FOR CONTRACT TERM This bond was executed in three(3) AND IS SUBJECT r0 ADJUSTMEM. identical counterparts. BASED ON RUAL CONTRACT PRICE City of Newport Beach 2011- 201211SIDEWALK, CURB AND GUTTER REPLACEMENT Contract No. 4850 BOND NO. 0572646 LABOR AND MATERIALS PAYMENT BOND WHEREAS, t e City Council of the City of Newport Beach, State of California, by motion adopted, has awarde I to Grigolla & Sons Construction Company; Inc., hereinafter designated as the "Principal," a ontract for construction of 2011 -2012 SIDEWALK, CURB AND GUTTER REPLACEMENT, Cc ritract No. 4850 in the City of Newport Beach, in strict conformity with the plans, drawings, spe ( ifications and other Contract Documents in the office of the Public Works Department of the Cit. of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, F rincipal has executed or is about to execute Contract No_ 4850 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall ail to pay for any materials, provisions, or other supplies used in, upon, for, or about the per onnance of the work agreed to be done, or for any work or labor done thereon of any kind, t je Surety on this bond will pay the same to the extent hereinafter setforth: NOW, T�EREFORE, We the undersigned Principal, and, International Fic business under the I held firmly ,bound uI Thousand, Nine HL States of America, s; Newport Beach unde bind ourselves, our severally, firmly by th THE CONDIT subcontractors, fall to used in, upon, for, or work or labor thereon with respect to such v over to the Employme and subcontractors pL to such work and labo specified in thfs'Bond reasonable attorneys the Civil Cade of the S ity Insurance Company duly authorized to transact of the State of California, as Surety, (referred to herein as "Surety ") are the City of Newport Beach, in the sum of Four Hundred Thirty -Three red Fifty and 001100 Dollars ($433,950.00) lawful money of the United sum being equal to 100% of the estimated amount payable by the City of to terms of the Contract; for which payment well and truly to be made, we irs, executors and administrators, successors, or assigns, jointly and present. DN OF THIS OBLIGATION IS SUCH, Lhat if the Principal or the Principal's iay for any materials, provisions, or other supplies, implements or machinery about the performance of the work contracted to be done, or for any other cf any kind, or for amounts due under the Unemployment Insurance Code )rk or labor, or for any amounts required to be deducted, withheld and paid it Development Department from the wages of employees of the Principal suant to Section 13020 of the Unemployment Insurance Code with respect then the Surety will pay for the same, in an amount.not exceeding the sum and also, in case suit is brought to enforce the obligations of this Bond, a ae, to be fixed by the Court as required by the provisions of Section 3250 of ate of California. 33 The on sh I inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3161 of the California Civil Code so as to give a right of action to them or their assig is in any suit brought upon this Bond, as required by and in accordance with the provisions of Sec ons 3247 et. seq. of the Civil Code of the State of California. And Surety, f pr value received, hereby stipulates and agrees that no change, extension of time, alterations or a itions to the terms of the Contract or to the work to be performed thereunder or the specfcations Occompanying the same shall in any wise affect its obligations on this Bond, and it does hereby ive notice of any such change, extension of time, alterations or additions to the terms of the Contlact or to the work or to the specifications. In the event Nhat any principal above named executed this Bond as an individual, it is agreed that the deathllof any such principal shall not exonerate the Surety from its obligations under this Bond. IN WiTNESSI�1iHEREOF, this Instrument has been duly executed by the above named Principal and Surety, #n the 14th day of November 2011. rigolla & S Cons ruction Company, Inc. (Principal) International Fidelity Insurance Company Name of Surety 13400 sabre Springs Parkway, Suite 270 San Diego, CA 92120 Address of Surety (858) 513 -1795 Telephone Arturo Ayala, Attorney -In -Fact Print Name and Title NOTARY ACKNOWVLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 34 ACKNOWLEDGMENT ................. tl.. ............................... e........ a.................. State of California County of orange } ss. On _11/14/11 before me, Susan Pugh Notary eare Public, personally ap d Arturo Ayala proved to me on thell basis of satisfactory evidence to be the person(a) whose name(s) is /�kr- subscribed to the rm hin instrument and acknowledged to me that he /skefithey executed the same in his/haUtlieil authorized capacity(ios), and that by histhe-ilttteite signatures(a) on the instrument the perso (s), or the entity upon behalf of which the person(t:) acted, executed the instrument. I certify under PEN4LTY OF PERJURY under the laws of the State of California that the foregoing paragraph 16 true and correct. WITNESS my hand and official seal. y _1 Signature Susan Pugh\._ /••:% -� SUSAN PUGH % • t'• Coh:M. N1934229 n y V Notary Public- California ry •\�� •'� } /rJ ORANGE COUNTY W p Apr 29 2015 (seal) ................... . .............................. a....... a........ o...........0 Date of Document Type or Title of DocumElht Number of Pages in Doltument Document in a Foreign Itanguage OPTIONAL INFORMATION 11/14/11 Labor and Materials Payment Bond Two Type of Satisfactory Evi ence: X Personally Knott' i will Paper Identification _ Paper Identificati n !Credible Witnes es) Capacity of Signer Trustee X Power of Attorney CEOICFO /COP President 1 Vice-President / Secretary / Treasurer Other. Other Information: [c3.". Thumbprint of Signer Checkhereif no thumbprint or fingerprint is avallable. ACKNOWLEDGMENT o o o o n.. m o o e. o oo® e m o o o o e o e o m u o o o e. e n e e v e s e o e.... e m m o e v e o m e e o...0 u® o e n o® m n.. n e . of State of California /n� � /p/ County of Z-0 '4 &iA } ss. c On dy �, �U y� before me, GL l'/ / _ Notary Public, personally appeared tid d�G who proved to me on the basis of satisfactory evidence to be the personal whose nameA is /ace subscribed to the within instrument and acknowledged to me that he /she44 y executed the same in hisftdiblaif authorized capacity(igs), and that by his/hedthe signatures(%) on the instrument the person(o), or the entity upon behalf of which the person($) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. __ _ Sign ture (seal) •venooeomee•..nn•.nuu•auuuv•.nn® u•eu eeeoo•.aeueu oaoo.00s.000evovo .............. Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION ZAAP-Z 22��A-IS Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) N a Capacity of Signer: Trustee Power of Attorney CEO /CFO /COO �Pmsid&4# / Vice- Rfesident / Secretary / T rawer Other: Other 0 Thumbprint of Signer Check here if no thumbprint or fingerprint is available. Tel Z-'03j 824-7200 �POWER Q AT QRNE� Bond No ."0572646 INTERNATIONAL T-11YELITY INSURANCE COMP. HOME OFFICE: LONE NEWARK CENTER, 20TH'FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark. New Jersey, does huleby constitute and appoint DWIGHT REILLY, •ARTURO AYALA, DA . NIEL HUCK . AB A . Y Orange, CA. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surely, an and all bonds and undertakings, contracts of indemnity and other writings obligatory in die.nature thereof, which are cu may be allowed, required or Permitted b law, state, rule. ocialation, contract or otherwise, and the execution Of Such instrument(s) in pursuance of, these presents, shall be as binding upon ti tule said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers atits principal office. This Powerof Attalla is executed, and may be revoked, pursuant to and by authority of Article 3-Section 3, of the By Laws adopted by the Board of Directors of INTERNA IONAL FIDELITY NSURANCE COMPANY at a meeting 6alled and held on the 7(h day of February, 1974. The P : resident or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) TO appoint Attorneys -in fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company therew, bonds and undettakings, contracts of indemnity and other writings obligatory in the naturethereot and, (2) To remove, at any time, any such attorney-in-fact and revoke the authority. given. Further, this Pbwet of Attorney is sighed and seated by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called all(] held oil the 29th ay of April. 1982 of winch the following is 'a true excerpt: Now therefore the signatures of such Officers and the seal of the Company may be affixed many such ower of attorney or any certificate refining thereto by facsimile, and any such power of attorney or certificate bearing such •facsimile signatures or facsimile seal shall be valid and bindi%upon the Compimy and any Snell power 10 executed and certified by facsimile signatures and facsimile seal shall be valid arid binding upon the Company in .the e future with respect to any bond Or unz(aking to which if is attached. I ITY IN TESTIMONY WHEREOF. INTERNATIONAL FIDELITY INSURANCE COMPANY niscaused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 16th day ofOetober, A.D. 2007. SE L C' INTERNATIONAL FIDELITY INSURANCE COMPANY M STATE OF NEW JERSEY f- y 1904 C13 County of Essex, E <_ � Secretary On this� l6th day of October 2007, before tile came the individual who'executed die precedin�jjtstrument. to me personall known, and, being by me duly sworn, said the he is the thereindescribettand authorized officer of the INTERNATIONAL H)ELjTY INSURANCE COMPANY; that thescal affixed to said instrument is the Corporate Seat of said Company; that tile said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. \vI VA��, IN TESTIMONY WHEREOF, I have hereunto set my ]land affixed my Official Seal, , p, - - .... Q6 , %, at the City of Newark, New Jersey the day and year first above written. y E3L z �Cj OT A,?'-.- kk\ �j . .......... A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires March. 27, 2014 1, the undersigned officel ofINTFRNATIONAL FIDELITY INSURANCE COMPANY do hereby certify. diar I have compared the foregoing copy of the Power of Aturnev and affidavit, and the copy of line Section of the By-Laws of said Company as set forth in said Power of: Attorney, with the ORIGINALS ON •IN THE HOME OFFICE OF SAID COMPANY, and that the same ale correct transcripts thereof, and of the whole of (lie said 'originals, and that the said Power ol'Attornev has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF. I have hereunto set'my hand this 14th day Of November, 2011 A SIStaffit Secretary CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL 2011 -2012 SIDEWALK. CURB & GUTTER REPLACEMENT PROJECT CONTRACT NO. 4850 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. 4561 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT 2. 191 TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization @— TW60"WygDollars and or Cents $ ®p. Per Lump Sum Lump Sum Traffic Control �,•I I r (a2 nio'4'e� Dollars and ov �0 Cents $ 1300.7— Per Lump Sum 10 Each Replace Existing Pull Box and Cover @ Dollars and vo caU No Cents $ %O $ %�© Per Each PR2of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE V. 5. 91 7 91 12,500 S.F. Remove and Construct 4 -Inch Thick P.C.C. Sidewalk @ eD i K Dollars and o� 00 Cents $ (n °—� $ 75 ow. Per Square Foot 5,500 L.F. Remove and Construct Type "A" P.C.C. Curb and Gutter @ r�L,20 Dollars and oe=, 00 N� Cents $ 3c7— $ I'7(E;, Per Linear Foot 5,000 S.F. Remove and Construct Residential P.C.C. Driveway Approach @ Dollars and oa P i F-i'h Cents $ $ _Rj5oc Per Square Foot 200 S.F. Remove and Construct Commercial P.C.C. Driveway Approach @ Dollars and ap o r7 Cents $_ $ Per Square Foot 3,000 S.F. Remove and Construct P.C.C.. Alley Approach @ �7 ;x Dollars and i F Cents $ Jq, Per Square Foot PR3of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 9. 3,500 S.F. Remove and Construct 8 -inch Thick P.C.C. Cross Gutter @ S2ve % Dollars and at:;, c�- Cents $ a4 soo.. Per Square Foot 10. 140 Each Prune Tree Roots Dollars and 0,e2 X10 � Cents $ e CJD. $ 01I =. Per Each 11, 30 Each Install Tree Root Barrier @emu F��DoIlars and �v 0C, D Cents $117)0— $ y, r Per Each 12. 7 Each Tree Removal @ �J�ZinSAr`dC Dollars and ob Rio Cents Per Each 13. 14 Each Furnish & Install Tree (36 -Inch Box) @64NV�J Dollars and Cents $ 1,00 - $ I Per Each PR4of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 14. Lump Sum Contract ISA Certified Arborist (�a�n"Fh���x'.�uv�Dollars and =� Cents $ avS` Per Lump Sum 15. 17 Each Remove and Construct P.C.C. Curb Access Ramp @ TeR�4'tvrD/rce) Dollars and NO Cents !� Per Each 16. 20 Each Install Raised Truncated Domes at Existing Access Ramp eve �i Dollars and ov CC> Cents $ zsw $ Per Each 17. 10 EA. Remove & Replace with New Water Meter Box & Cover @ r7eTh Dollars p� and db ®e Ivt% Cents $ Per Each 18. 5 EA. Remove & Replace with New Valve Box and Cover @ Paler Dollars b� and MO Cents $ ®•� $ I SO• Per Each PR5of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE TOTAL PRICE IN (W�RRIITT1ENI WORDS (� �q (� i u�(1 !4v�"���nre�, WL a IV�V¢ �wt�1��Q`v�M Dollars �q� and 0 Cents $ _ u 133 , q 16V Total Price (Figures) ID- icy -0 Date 6, �;& - 3 -3 `f -���i Bidder's Telephone and Fax Numbers G14132 A Bidder's License No(s). and Classification(s) Bidder's email address Cwigolla& SowConst. Co. INC. Bidber's4kathorized Signature and Title , ,p. ?-;,vx 43� , 501 1 C�4 al f ?02 Bidder's Address 19 CL rm) arbortn=c r -,krt'4't',-,Lb 'rbortt r- U) 0) (p z x ME M W W 0 W L, �Oi"q!Surcr5-qfull-p compi goarb of the tbg abobe natiteb t5 1 02 J Y. WE -743$A ��A(A,u by the Olrbari5t Certification t -.90ariculture, ftecoot ArrtcbDr matt - at adioricwmrr Nov 19,2905 Dec 31, 2011 1 1 1 1 2 2 2 2 2 2 2 2 2 3 3 3 3 3 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS 2011 -2012 SIDEWALK. CURB & GUTTER RECONSTRUCTION CONTRACT NO. 4850 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -1 LOCATION 5 -2 PROTECTION 5 -7 ADJUSTMENTS TO GRADE 5 -8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -2 PROSECUTION OF WORK 1 1 1 1 2 2 2 2 2 2 2 2 2 3 3 3 3 3 4 4 6 -7 TIME OF COMPLETION 4 6 -7.1 General 4 6 -7.2 Working Days 5 6 -7.4 Working Hours 5 6 -9 LIQUIDATED DAMAGES 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -7 COOPERATION AND COLLATERAL WORK 5 7 -8 PROJECT SITE MAINTENANCE 6 7 -8.5 Temporary Light, Power and Water 6 7 -8.5.1 Steel Plates 6 7 -8.6 Water Pollution Control 6 7- .8.6.1 Best Management Practices and Monitoring Program 6 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 7 -10.1 Traffic and Access 7 7 -10.2 Storage of Equipment and Materials in Public Streets 7 7 -10.3 Street Closures, Detours, Barricades 7 7 -10.4 Public Safety 8 7- 10.4.1 Safety Orders 8 7 -10.5 "No Parking" Signs 8 7 -10.7 Notice to Residents and Temp Parking Permits 9 7 -15 CONTRACTOR LICENSES 9 SECTION 9 MEASUREMENT AND PAYMENT 9 9 -3 PAYMENT 9 9 -3.1 General 9 9 -3.2 Partial and Final Payment, 14 PART 2--- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 14 201 -1 PORTLAND CEMENT CONCRETE 14 201 -1.1.2 Concrete Specified by Class 14 201 -2 REINFORCEMENT FOR CONCRETE 14 201 -2.2.1 Reinforcing Steel 14 206 -5 METAL RAILINGS 14 206 -5.1 Metal Railings Materials 14 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 14 300 -1 CLEARING AND GRUBBING 14 300 -1.3 Removal and Disposal of Materials 14 300 -1.3.1 General 15 300 -1.3.2 Requirements 15 300 -1.5 Solid Waste Diversion 15 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 15 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 15 303 -5.1 Requirements 15 303 -5.1.1 General 15 303 -5.5 Finishing 16 303 -5.5.1 General 16 303 -5.5.2 Curb 16 303 -5.5.4 Gutter 16 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 17 308 -1 GENERAL 17 PART 4 SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 18 400 -2 UNTREATED BASE MATERIALS 18 400 -2.1 General 18 400 -2.1.1 Requirements 18 SCHEDULE OF WORK CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS CONTRACT NO. 4850 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Work Schedule; (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract includes, but not limited to, removing sidewalk, curb and gutter, and access ramps; removing or pruning tree roots; removing trees; constructing PCC sidewalk, curb and gutter, and access ramps; installing tree root barriers, restoring private improvements impacted by the work, and other incidental items to complete work in place as required by the contract documents." 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The Contractor shall notify the City in writing two working days in advance of the time that the project markings or delineations are needed. All existing street and property corner monuments are to be preserved. The Contractor will be back - charged for the cost of restoring any survey ties and /or monuments damaged by the Contractor, including the cost of filing the required corner records or record of surveys with the County of Orange." SP2OF18 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. SECTION 3--- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 15 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, one percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4--- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. SP3OF18 The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor." SECTION 5 - -- UTILITIES 5 -1 LOCATION. Add the following after the 3`d paragraph: "Within one week upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." 5 -2 PROTECTION. Add the following: "In the event that a pull or meter box or cover that is not scheduled for replacement is damaged by the Work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover and size at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust or replace to finish grade City -owned water meter boxes, water valve boxes, regulator vaults, valve vaults, and survey monuments. The Contractor will be required to contact Southern California Edison, The Gas Company, AT &T Telephone, cable television, and other utility facilities to have existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing sewer /storm drain manhole (including grade rings), meter or valve box covers. The Contractor shall salvage all removed cast iron pipes. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities 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.' 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 the preconstruction meeting. Schedule may be bar chart or CPM style. SP 4 OF 18 The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -2 PROSECUTION OF WORK. Add to this section: "Before pruning tree roots listed on the Work Schedule as 'Contract Arborist to Inspect', the Contractor's ISA Certified Arborist shall provide written documentation indicating tree root pruning can be performed without future tree damage. For trees requiring arborist inspection, the concrete work around the trees may be modified or eliminated from the contract. If the arborist cannot provide an explicit recommendation or requests tree removal, the Contractor shall obtain written approval from the Engineer to perform root pruning or tree removal work. The City's review time may take up to ten working days. Upon review, the Engineer will provide instructions to the Contractor regarding each tree's disposition. Trees slated for removal will be paid at the contract bid price. Working days will not be added to contract time for the City's review." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 85 consecutive working days after the date on the Notice to Proceed. In addition, the Contractor shall complete all work in each work zone within the allotted time shown below. WORK ZONE ALLOTED TIME Newport Center 10 Working days Harbor View Hills 15 Working days Corona Del Mar 30 Working days Corona Highlands 10 Working days Cameo Highlands 10 Working days Newport Coast 10 Working days Work shall be completed to the satisfaction of the Engineer within each work zone prior to proceeding to the next scheduled work zone. The Contractor shall be responsible for obtaining a written "Notice -to- Proceed" from the Engineer prior to starting work at each work zone. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work. SP 5 OF 18 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January Vt (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24ththrough January 15t. If July 4th or November 11 falls on a Sunday, the following Monday is a holiday. If July 4th or November 11th falls on a Saturday, the Friday before is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:30 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 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 supplemental inspection costs of $123.90 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, or the work in a designated area, 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 City 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 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "If needed City forces will perform all shut downs of water facilities as required. The Contractor shall SP6OF18 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." Water used during construction shall be paid for by the Contractor." 7 -8.5.1 Steel Plates. Add this section: "Steel plates utilized for utility trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways or locations as requested by the Engineer, shall be pinned and recessed flush with existing pavement surface." 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 website at www .newportbeachca.gov /publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. 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 storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw- cutting and vacuum the residue. SP7OF18 f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back - charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Where applicable, pedestrian access to all storefronts, offices, residences, and the like, 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 properties 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 properties. Such measures shall be shown on the detailed Traffic Control Plans (see Section 7- 10.3)." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre- construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plan(s). The Contractor shall be responsible for processing and obtaining approval of a traffic control plan from the City Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a California licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a SP8OF18 California licensed Traffic Engineer. Traffic control and detour plans shall meet the following requirements: Emergency vehicle access shall be maintained at all times. 1. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 2. All advanced warning sign installations shall be reflectorized and /or lighted. 3. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3466 and all affected property owners." 4. Type II barricades shall be located at the beginning and end of each individual closed pedestrian access area from time of removal until final cure of the sidewalk. 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs, which are available at the Public Works Department public counter. SP 9 OF 18 The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents and Businesses. The Contractor shall deliver a construction notice to residents and businesses within 500 feet of the project, ten working days prior to starting work, describing the project and indicating the limits of construction. The City will provide the Notice. Forty -eight hours prior to the start of construction, the Contractor shall distribute to the residents and businesses a second written City Notice 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 and provided 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 an "A" or "C -8" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. At the time of the award and until completion of work, the Contractor shall retain an ISA Certified Arborist to assess all tree locations noted on WORK SCHEDULE. At the start of work and until completion of work, the Arborist shall possess a Business License issued by the City of Newport Beach. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the Proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: SP 10 OF 18 Item No. 1 Mobilization: Work under this item shall include, but not limited to, providing bonds, insurance, submittals, and financing; establishing a field office; preparing the SWPPP or BMP Plan, and construction schedule; attending meetings; surveying services; and keeping records of existing conditions prior to starting work for the Contractor's protection; and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include, but not limited to, all labor and materials relating to delivering all required notifications, posting signs and all costs incurred notifying residents and businesses. In addition, this item includes 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, temporary striping, flag persons, and changeable message boards. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, latest edition, and City of Newport Beach Requirements. Item No. 3 Replace Existing Pull Box and Cover: Work under this item shall include, but not limited to, all labor and materials relating to removing and disposing of the existing pull box; procuring and installing new traffic grade pull box and cover per CNB STD -204 -L or 205 -L; reconnecting existing wirings; restoring adjacent areas; and completing all other items as required to restore system operations that were damaged by the work. Location of pull box and cover removals and construction shall be directed by the Engineer during construction. Omission of this payment item in its entirety shall not result in any compensation. Item No. 4 Remove and Construct Minimum 4 -Inch Thick P.C.C. Sidewalk: Work under this item shall include, but not limited to, all labor and materials relating to removing and disposing of the existing sidewalk, compacting subgrade, constructing 4- inch thick minimum P.C.C. sidewalk per CNB STD - 180 -L, installing temporary AC sidewalk, adjusting sidewalk to grade to match adjacent improvements, making in -kind repairs to private improvements impacted by the work such as irrigation systems, bricks, pavers, plants, shrubs decorative stones, walls, walks, fences, mailboxes, sod, and other private improvements to preconstruction conditions, and all other work items as required to complete the work in place. Location of sidewalk removals and construction shall be directed by the Engineer during construction. Contractor shall complete all private improvement repairs within five (5) calendar days of City notification. Item No. 5 Remove and Construct Type "A" P.C.C. Curb and Gutter: Work under this item shall include, but not limited to, all labor and materials relating to removing and disposing of the existing curb and gutter, compacting subgrade, reconstructing curb openings of existing curb drains, constructing Type "A" P.C.C. curb and gutter per CNB STD - 182 -L, 12" wide x 12" deep A.C. patch back, installing dowels, curb painting, re- chiseling of curb face for existing underground utilities, restoring all existing public and private improvements damaged by the work, making in -kind repairs SP 11 OF 18 to private improvements impacted by the work such as irrigation systems, bricks, pavers, plants, shrubs decorative stones, walls, walks, fences, mailboxes, sod, and other private improvements to preconstruction conditions, and all other work items as required to complete the work in place. Location of curb and gutter removals and construction shall be directed by the Engineer during construction.. Contractor shall complete all private improvement repairs within five (5) calendar days of City notification. Item No. 6 Remove and Construct Residential P.C.C. Driveway Approach: Work under this item shall include, but not limited to, all labor and materials relating to sawcutting, removing, and disposing existing improvements associated with curb and gutter removals, and constructing P.C.C. driveway approach per CNB STD - 164 -L, 12" wide x 12" deep A.C. patch back, steel plating, restoring all public and private improvements impacted by the work; such as irrigation systems, bricks, pavers, plants, shrubs decorative stones, walls, walks, fences, mailboxes, sod, and other private improvements to preconstruction conditions, and all other work items as required to complete the work in place. Contractor shall complete all private improvement repairs within five (5) calendar days of City notification. Location of driveway removals and construction shall be directed by the Engineer during construction. Item No. 7 Remove and Construct Commercial P.C.C. Driveway Approach: Work under this item shall include, but not limited to, all labor and materials relating to sawcutting, removing existing improvements and constructing P.C.C. driveway approach per CNB STD - 161 -L, 12" wide x 12" deep A.C. patch back, steel plating as needed to provide access during non - working hours, restoring all public and private improvements impacted by the work; such as irrigation systems, bricks, pavers, plants, shrubs decorative stones, walls, walks, fences, sod, other private improvements to preconstruction conditions and all other work items as required to complete the work in place. Contractor shall complete all improvement repairs within five (5) calendar days of City notification. Location of driveway removals and construction shall be directed by the Engineer during construction. Item No. 8 Remove and Construct P.C.C. Alley Approach: Work under this item shall include, but not limited to, all labor and materials relating to removing existing improvements and constructing P.C.C. alley approach per CNB STD - 142 -L, 12" wide x 12" deep A.C. patch back, steel plates as needed to provide access during non -work hours, and all other work items as required to complete the work in place. Work under this item shall also include the removal and replacement of the existing curb per CNB STD -182 -L Type B. Omission of this payment item in its entirety shall not result in any compensation. Omission of this payment item in part will not result in renegotiation in unit price. Item No. 9 Remove and Construct 8 -Inch Thick P.C.C. Cross Gutter: Work under this item shall include, but not limited to, all labor and materials relating to sawcutting, removing and disposing damaged portion of existing cross gutter and spandrels, compacting subgrade, placing base material, compacting base, installing SP 12 OF 18 dowels, constructing 8 -inch thick P.C.C. cross gutter per CNB STD - 185 -L, 12" wide x 12" deep A.C. patch back, adjusting City utility facilities such as street lighting, sewer, water, etc. boxes and covers to grade, and all other work items as required to complete the work in place. Location of cross gutter removals and construction shall be directed by the Engineer during construction. Omission of this payment item in its entirety shall not result in any compensation. Item No. 10 Prune Tree Roots: Work under this item shall include, but not limited to, all labor and materials relating to root pruning and disposing per Section 308- 1, removing and disposing of excess soil, reviewing trees identified on the Work Schedule by ISA Certified Arborist, and all other work required to complete the work in place. All utilities or other improvements damaged by the work, including, but not limited to, street light conduit and wires and private irrigation lines shall be immediately repaired at the expense of the Contractor and no additional compensation shall be made. Item No. 11 Install Tree Root Barrier: Work under this item shall include, but not limited to, all labor and materials relating to providing and installing new tree root barriers per Section 308 -1, removing and disposing of excess soil, following the direction of the ISA Certified Arborist for trees identified on the Work Schedule, and all other work required to complete the work in place. All utilities or other improvements damaged by the work shall be immediately repaired at the expense of the Contractor and no additional compensation shall be made. This item may be removed or reduced in the contract at the City's discretion and no compensation shall be made for bid items removed or reduction. Item No. 12 Tree Removal: Work under this item shall include, but not limited to, all labor and materials relating to removing and disposing of trees, roots, and soil; adjusting surface grade to match adjacent improvements; making repairs to private improvements impacted by the work such as irrigation systems, bricks, pavers, plants, shrubs decorative stones, walls, walks, fences, mailboxes, sod, and other private improvements to preconstruction conditions; restoring the ground surface and all other work items as required to complete the work in place. Trees which have not been preselected by the City for removal may take up to ten working days to process and formally approve for removal per Section 308 -1. All utilities or other improvements damaged by the work shall be immediately repaired at the expense of the Contractor and no additional compensation shall be made. Omission of this payment item in its entirety shall not result in any compensation. Item No. 13 Install 36 -Inch Box 'Tristania Laurina' (Water Gum): Work under this item shall include, but not limited to, the cost of all labor, equipment, and materials for maintaining, furnishing and installing 36 -inch box 'Tristania Laurina' (Water Gum), transportation, delivery, storage, soil testing, placement, additional soil amendments, and all other work items as required for performing the work complete in place. One color photograph with human or measuring scale shall be provided to the Engineer for approval prior to delivery. A color photograph of the tree shall be taken SP 13 OF 18 from the nursery in which the plants will be delivered for submittal. Each tree shall be equipped with a 48 -inch Quick Crete tree grate type QS- 48B -TG. Tree installation shall be completed by a C -27 licensed contractor. Item No. 14 Contract ISA Certified Arborist: Work under this item shall include, but not limited to, retaining an ISA Certified Arborist for the purpose of assessing tree condition for locations indentified on the WORK SCHEDULE as "Contract Arborist to Inspect." The Contractor's arborist shall provide written documentation on the condition of each tree and providing pruning recommendations to the Contractor. Following the arborist's report, concrete work around the trees may be modified or eliminated from the contract by the Engineer. Trees which have not been preselected by the City for removal and have been recommended by the arborist may require up to ten working days to process and formally approve for removal, per Section 308 -1. All utilities or other improvements damaged by the work shall be immediately repaired at the expense of the Contractor and no additional compensation shall be made. Item No. 15 Remove and Construct P.C.C. Curb Access Ramp: Work under this item shall include, but not limited to, sawcutting, all labor and materials relating to removing, disposing existing improvements, importing and compacting subgrade, and constructing P.C.C. Curb Access Ramp including minimum twelve square feet of raised truncated domes per CNB STD - 181 -L, retaining curbs, 12" wide x 12" deep AC patch back, curb painting, grooving, doweling into adjacent sidewalk and all other work items as required to complete the work in place. Raised truncated domes shall be dark grey colored and shall be "Terra Paving" as manufactured by Wausau Tile, Inc (715) 359- 3121 of Wisconsin. The Contractor shall have inspected the locations where new access ramps are to be installed and the unit price bid shall apply to all City standard curb access ramp cases required. Item No. 16 Install Raised Truncated Domes at Existing Access Ramp: Work under this item shall include, but not limited to, all labor and materials relating to sawcutting, removing and disposing of conflicting portions of concrete access ramp, constructing concrete base, installing minimum twelve square feet of raised truncated domes per CNB STD - 181 -L, and all other work items as required to complete the work in place. Raised truncated domes shall be dark grey colored and shall be "Terra Paving" as manufactured by Wausau Tile, Inc (715) 359 -3121 of Wisconsin. Omission of this payment item in its entirety shall not result in any compensation. Item No. 17 Remove and Replace New Water Meter Box and Cover: Work under this item shall include, but not limited to, all labor and materials relating to removing and replacing all water meter boxes, frames and covers to grade per CNB STD -502 -L or STD - 503 -L, match the AC finish surface and all other work items as required to complete the work in place. Omission of this payment item in its entirety shall not result in any compensation. Omission of this payment item in part will not result in renegotiation in unit price. SP 14 OF 18 Item No. 18 Remove and Replace New Valve Box and Cover: Work under this item shall include, but not limited to, all labor and materials relating to removing and replacing all water valve frames and covers to grade per CNB STD - 511 -L, and all other work items as required to complete the work in place. Omission of this payment item in its entirety shall not result in any compensation. Omission of this payment item in part will not result in renegotiation in unit price. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE. MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement Concrete for construction shall be Class 560 -C- 3250." 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." 206 -5 METAL RAILINGS 206 -5.1 Metal Railings Materials. Add to this section: "Handrails shall be Schedule 80 - Type 316, TP316L, stainless steel conforming to ASTM A312. Steel railing shall be welded or seamless steel pipe conforming to ASTM A 53 or ASTM A 501." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: SP 15 OF 18 www/ newportbeachca .gov /generalservices and clicking on refuse, then selecting the link Franchised Haulers List." 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday." 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, Medians, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words 1-Y2 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 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, MEDIANS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: 1. Driveway approaches shall be reconstructed and open for use within three calendar workdays after the commencement of driveway approach removal. The Contractor shall provide access during non - working hours. The approaches must be available for use over weekends and Holidays. SP 16 OF 18 2. Driveway approaches shall be constructed one half at a time so that garage access is continuously maintained, unless a signed agreement with the property owner is obtained by the Contractor. 3. Curb access ramps, sidewalk, curb and gutter shall be reconstructed and open for use within five calendar workdays after commencement of their removal. 4. Temporary AC shall be used if the concrete panels will not be replaced within the time limit. 5. Ten inches of curb and gutter subgrade shall be compacted to 95 percent relative compaction. 6. Reconstructed sidewalk and curb access ramps shall be opened to public use on the day following concrete placement. 7. All forms shall be removed, irrigation systems shall be repaired, and backfill or patch -back shall be placed within 72 hours following concrete placement. 8. All damaged private improvements shall be repaired in -kind to the satisfaction of the Engineer within five days of reconstructed work. 9. P.C.C. work subjected to vehicle loads such as driveways and gutters shall not be opened to traffic until the concrete has cured to a minimum strength of 3,000 psi. The Contractor shall detour traffic around such work until the work is ready for public use. 10. All excavated areas shall be allowed to remain open no longer than 24 hours prior to the placement of concrete." 303 -5.5 Finishing 303 -5.5.1 General. Add to this section: "The Contractor shall patch back A.C., P.C.C., brick, or any other hardscape within private property in a manner that matches the adjoining existing private property in structural section, texture and color." 303 -5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" or "W" for sewer or water lateral and a chiseled W -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." SP 17 OF 18 SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning, and removing tree roots that interfere with work. The Contractor shall retain and follow the written recommendation of the approved ISA Certified Arborist for the safe pruning and removing tree roots in areas specified on the Work Schedule. The Arborist shall provide a written report with the recommendations to both the Engineer and Contractor. No trees shall be removed unless formal written approval is provided by the City. Prior to tree removal, the Contractor and Arborist shall arrange to meet with the City's Urban Forester, Mr. John Conway ((949) 644 -3083) at the site to discuss City standards and requirements. The contract arborist shall be listed on the Designation of Subcontractor(s) form. 1. Root Pruninq a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. b. Roots shall be cleanly severed using a root- pruning machine, ax or comparable tool. Tearing of roots will not be acceptable. c. A root pruning sample at one selected site will be conducted and reviewed for approval by the City's Urban Forester. 2. Arbitrary Root Cut a. A straight cut with a root - cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible or as noted by the Urban Forester on the submittal. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and /or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and /or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump - grinding machine instead of a root - pruning machine. All tree roots that are within the sidewalk construction area shall be removed or shaved down. SP 18 OF 18 d. If there is a serious question about the stability of a tree such a large diameter roots must be removed, the Contractor shall notify the Engineer for approval. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. f. For trees recommended for removal, the Contractor shall notify the Engineer who will process the tree removal request with the General Services Department. 4. Root Barrier Specifications: a. Install root barrier panels with the length of each root pruning cut at a minimal of 14" below grade for sidewalks and 26" for curbs. b. The product shall be a minimal of 0.085 thickness and material of polyethylene plastic with ultra violet inhibitors. An example of the product will be submitted for approval by the Urban Forrester. c. The product shall be installed per manufacturer's specifications. The manufacturer's specifications must be submitted prior to commencement of the project." PART 4 SECTION 400 - -- ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General 400 -2.1.1 Requirements. Add to this section: "The Contractor shall use crushed miscellaneous base, or better, as the base materials." F: \UsersXPBW\Shared \Contracts \FY 11 -12\C -4850 - 11 -12 Sidewalk, Curb & Gutter \SPECS C -4850. Doc AREA - CDM 2011 -2012 SIDEWALK, CURB 8 GUTTER REPLACEMENT PROGRAM (C -4850) LOCATION STREET NAME 8 N0. SIDEWALK: (SF) C8G (LF) CURB aanr(IT ACCESS RAMP ROOT PRUNING RES. DWY. APPROACH (SF) COM. DWY. APPROACH (SF) ALLEY APPROACH (SP) CROSS GUTTER (SF) UIBO% (EA) COMMENTS 720 Poinsettia Ave 1 716 Poinsettia Ave 40 1 160' 'add 160 s.f in street 510 Poinsettia Ave 120 3700 PCH on Poinsettia Ave 165 421 Poinsettia Ave 24 1 509 Poinsettia Ave 40 1 513 Poinsettia Ave 12 603 Poinsettia Ave 24 617 Poinsettia Ave 15 619 Poinsettia Ave 21 200 1 701 Poinsettia Ave 120 1 721 Poinsettia Ave 15 1 718 Orchid Ave 21 3 1 706 Orchid Ave 84 1 508 Orchid Ave 12 1 424 Orchid Ave 12 1 422 Orchid Ave 16 412 Orchid Ave 24 24 1 406 Orchid Ave 150 415 Orchid Ave 40 2 417 Orchid Ave 27 1 423 Orchid Ave 20 2 511 Orchid Ave 16 513 Orchid Ave 12 519 Orchid Ave 12 603 Orchid A. 64 605 Orchid Ave 30 607 Orchid Ave 42 611 Orchid Ave 50 1 617 Orchid Ave 21 701 Orchid Ave 28 9 717 Orchid Ave 21 1 612 Narcissus Ave 12 604 Narcissus Ave 21 1 602 Narcissus Ave 28 1 600 Narcissus Ave 21 4 510 Narcissus Ave 45 508 Narcissus Ave 36 1 418 Narcissus Ave 48 416 Narcissus Ave 6 3500 PCH on Narcissus Ave 130 200 3446 PCH on Narcissus Ave 100 419 Narcissus Ave 27 1 421 Narcissus Ave 36 1 505 Narcissus Ave 60 1 519 Narcissus Ave 15 1 521 Narcissus Ave 60 609 Narcissus Ave 48 619 Narcissus Ave 33 2 621 Narcissus Ave 32 1 701 Narcissus Ave 40 703 Narcissus Ave 16 711 Narcissus Ave 85 1 713 Narcissus Ave 24 718 Marigold Ave 22 1 716 Marigold Ave 36 714 Mangold Ave 36 700 Marigold Ave 60 612 Mari old Ave 15 1 604 Mangold Ave 4D 8 1 600 Mari old Ave 40 1 520 Marigold Ave 84 514 Marigold Ave 48 428 Marigold Ave 21 1 420 Marigold Ave 100 413 Marigold Ave 8 417 Marigold Ave 48 1 425 Marigold Ave 12 501 Mari old Ave 16 18 503 Marigold Ave 15 507 Marigold Ave 45 511 Marigold Ave - 8 1 515 Mangold Ave 2 2 519 Marigold Ave 6 521 Marigold Ave 24 I 611 Marigold Ave 100 617 Marigold Ave 701 Mrigold Ave 1 1 WORK SCHEDULE Page 1 AREA - CDM 2011 -2012 SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM (C -4850) LOCATION STREET NAME 8 NO. SIDEWALK (SF) C 8 G (LF) CURB AN,vr(%r ACCESS RAMP ROOT PRUNING RES. OM. APPROACH (SF) COM. DWY. APPROACH (SF) ALLEY APPROACH (SF) CROSS GUTTER (SF) BIECK (EA) COMMENTS 720 Larkspur Ave 16 718 Larkspur Ave 120 2 716 Larkspur Ave 32 712 Lakspur Ave 21 16 710 Larkspur Ave 40 706Larkspur Ave 40 704 Larkspur Ave 16 16 700 Larkspur Ave 48 16 616 Larkspur Ave 24 32 614 Larkspur Ave 10 24 612 Larkspur Ave 24 604 Larkspur Ave 24 1 602 Larkspur Ave 100 600 Larkspur Ave 100 1 500 Larkspur Ave 12 6 Larkspur Ave at Second Ave 400 3201 Second Ave on Larkspur Ave 32 427 Larkspur Ave 48 1 32 429 Larkspur Ave 16 1 501 Larkspur Ave 1 503 Larkspur Ave 32 1 505 Larkspur Ave 10 1 507 Larkspur Ave 21 1 509 Larkspur Ave 40 511 Larkspur Ave 21 513 Lamspur Ave 3 515 Lams ur Ave 20 1 517 Larkspur Ave 7 1 519 Larkspur Ave 48 521 Larkspur Ave 1 605 Larkspur Ave 30 607 Larkspur Ave 8 613 Larkspur Ave 100 3 615 Larkspur Ave 80 621 Larkspur Ave 16 Larkspur Ave at Pounh Ave 400 701 Larkspur Ave 5 717 Lark. ., Ave 48 719 Larkspur Ave 40 6 1 721 Larkspur Ave 12 12 702 Jasmine Ave 16 40 3 612 Jasmine Ave 40 1 600 Jasmine Ave 40 20 516 Jasmine Ave So 508 Jasmine Ave 16 506 Jasmine Ave 3 Jasmine Ave at Second Ave 150 3100 PCH an Jasmine Ave 50 50 3050 PCH on Jasmine Ave 40 30 519 Jasmine Ave 24 24 521 Jasmine Ave 6 601 Jasmine Ave 24 605 Jasmine Ave 33 607 Jasmine Ave 33 609 Jasmine Ave 57 621 Jasmine Ave 13 701 Jasmine Ave 22 1 715 Jasmine Ave 48 717 Jasmine Ave 48 719 Jasmine Ave 16 1 60 1 702 Iris Ave 45 700 Iris Ave 1 620 Iris Ave 40 616 Iris Ave 15 Iris Ave at Third Ave 400 400 3000 PCH on Iris Ave 100 1 521 Iris Ave i 601 Iris Ave 1 517 Ids Ave 28 WORK SCHEDULE Page 2 AREA - CDM 2011 -2012 SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM (C -4850) LOCATION STREET NAME 8 NO. SIDEWALK (SF) C 8 G (LFI CURB zFr ACCESS RAMP ROOT PRUNING RES. DWY. APPROACH (SF) COM. DWY. APPROACH (SF) ALLEY APPROACH (SF) CROSS GUTTER (SF) U /DOX (EA) COMMENTS 715 Iris Ave 40 18 714 Heliotrope Ave 24 712 Heliotrope Ave 60 702 Heliotrope Ave 16 700 Heliotrope Ave 80 21 3 1 614 Heliotrope Ave 16 75 1 610 Heliotrope Ave 100 1 606 Heliotrope Ave 16 2900 PCH On Heliotrope Ave 1 2854 PCH on Heliotrope Ave 33 270 611 Heliotrope Ave 30 1 210 701 Heliotrope Ave 85 30 60 707 Heliotrope Ave 20 45 709 Heliotrope Ave 16 21 16 713 Heliotrope. Ave 70 721 Heliotrope Ave 16 714 Heliotrope Ave 84 1 705 Heliotrope Ave 10 1 702 Heliotrope Ave 18 700 Heliotrope Ave 20' Goldenrod Ave at Fourth Ave 400 620 Goldenrod Ave 20 20 614 Goldenrod Ave 24 2760 PCH on Goldenrod Ave 36 36 631 Goldenrod Ave 30 250 701 Goldenrod Ave 120 1 707 Goldenrod Ave 21 1 709 Goldenrod Ave 24 717 Goldenrod Ave 80 2700 PCH on Fernleaf Ave 60 48 120 42 1 2660 PCH on Fernleaf Ave 12 713 Fernleaf A. 36 18 717 Ferolea( Ave 24 719 Fernleaf Ave 12 721 Fernleaf Ave 9 2701 Point Del Mar on Fifth Ave 30 2721 Point Del Mar on Fifth Ave 80 2600 PCH on Fifth Ave 120 801 Marguerite Ave on Fifth Ave 200 100 Jasmine Ave at Fifth Ave 120 18 721 Marguerite Ave on Fifth Ave 27 721 Narcissus Ave on Fifth Ave 120 721 Orchid Ave on Fifth Ave 40 1 180 721 Poinsettia Ave on Fifth Ave 200 720 Poinsettia Ave on Fifth Ave 18 701 Poppy Ave on Fourth Ave 115 2 700 Poinsettia Ave an Fourth Ave 12 700 Orchid Ave on Fourth Ave 12 1 700 Narcissus Ave on Fourth Ave 30 10 1 701 Mangold Ave on Fourth Ave 30 1 700 Mar uerite Ave on Fourth Ave 16 701 Marguerite Ave on Fourth Ave 10 700 Larkspur Ave on Fourth Ave 1 180 21 701 Larkspur Ave on Fourth Ave 18 21 120 18 180 701 Jasmine Ave on Fourth Ave 60 2 160 60 1 7001ris Ave on Fourth Ave 21 62 2 700 Heliotro a Ave on Fourth Ave 56 180 56 1 701 Heliotrope Ave on Fourth Ave 55 140 700 Goldenrod Ave on Fourth Ave 27 1 2811 Fourth Ave 15 1 619 Heliotrope Ave on Fourth Ave 63 12 80 621 Heliotrope Ave on Fourth Ave 63 12 1 80 WORK SCHEDULE Page 3 AREA - CDM 2011 -2012 SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM (C -4850) LOCATION STREET NAME 8 NO. SIDEWALK (SF) C & G (LF) CURB Purrr( ACCESS RAMP ROOT PRUNING RES. DWY. APPROACH (SF) COM. DWY. APPROACH (SF) I ALLEY I APPROACH (SF)j I CROSS GUTTER (SF) UIBOX (EA) COMMENTS 620 Heliotrope Ave on Fourth Ave 45 12 620 Ids Ave on Fourth Ave 21 190 621 Jasmine Ave on Fourth Ave 60 17 120 620 Jasmine Ave on Fourth Ave 120 10 621 Larkspur Ave on Fourth Ave 120 12 180 3315 Fourth Ave 30 621 Marigold Ave on Fourth Ave 15 10 620 Narcissus Ave on Fourth Ave 9D 10 2 621 Orchid Ave on Fourth Ave 42 2 1 620 Marigold Ave on Fourth Ave 1 180 600 Poinsettia Ave on Third Ave 40 1 150 1 601 Marigold Ave on Third Ave 15 15 601 Marguerite Ave on Third Ave 24 9 E 12 3210 Third Ave 54 4 21 1 601 Larkspur Ave on Third Ave 123 20 2 180 1 600 Larkspur Ave on Third Ave 120 46 2 600 Iris Ave on Third Ave 27 27 601 his Ave on Third Ave 88 6 600 Heliotrope Ave on Third Ave 45 2 2900 PCH on Third Ave 80 75 5 1 521 Jasmine Ave on Third Ave 21 10 3121 Third Ave 80 2 100 521 Larkspur Ave on Third! Ave 66 10 80 520 Larkspur Ave on Third Ave 45 10 1 521 Orchid Ave on Third Ave 100 500 Marguerite Ave on Second Ave 200 1 500 Larkspur Ave on Second Ave 220 1 3119 PCH on Second Ave 48 1 180 100 3201 Second Ave 33 1 180 3621 Second Ave 22 2 1 2615 Harbor View Or on Goldenrod 21 1 54 949 Goldenrod Ave 36 943 Goldenrod Ave 18 1 935 Goldenrod Ave 25 1 100 923 Goldenrod Ave 48 24 900 Goldenrod Ave at tennis court 550 30 135 900 Goldenrod Ave at school 75 16 40 928 Goldenrod Ave 23 18 1 2699 Bungalow PI on Sea Ln 110 A/F 2515 Bun almv PI on Sea Ln 75 33 1 2501 Point Del Mar Ave on Sea Ln 12 30 10 2530 Paint Del Mar Ave an Sea Ln 200 30 1 2610 Point Del Mar an Sea Ln 21 2700 Harbor View Or on Goldenrod 16 27 125 2701 Pebble Dr on Goldenrod Ave 32 9 1 1032 Goldenrod Ave 16 1038 Goldenrod Ave 9 1114 Goldenrod Ave 7 1126 Goldenrod Ave 25 140 1132 Goldenrod Ave 50 140 1121 Goltlenrotl Ave 60 1107 Goldenrod Ave 48 1039 Goldenrod Ave 5 1027 Goldenrod Ave 48 1021 Goldenrod Ave 20 1015 Goldenrod Ave 20 32 1 1000 While Sails Way 75 1 85 1038 White Sails Way 20 1114 White Sails Way 32 75 1133 White Sails Way 40 1127 White Sails Way 16 1107 White Sails Way 20 1 1039 White Sails Way 18 1 1027 White Sails Way 27 1 1021 White Sails Way 24 1015 White Sails Way 13 1001 While Sails Way 36 5 1 on Harbor View Dr 32 1000 Sea Ln 16 NF 1100 Sea Ln 24 WORK SCHEDULE Page 4 AREA - CDM 2011 -2012 SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM (C -4850) LOCATION STREET NAME &N0. SIDEWALK (SF) C & G (LF) CURB PAINT IFr ACCESS RAMP ROOT PRUNING RES. DWY. APPROACH (SF) COM. DWY. APPROACH (SF) ALLEY APPROACH (SF� CROSS GUTTER NSF) U 100% (EA) COMMENTS AIF 1032 See Lin 2501 Harbor View Dr 48 20 2509 Harbor View Or 16 16 2607 Harbor View Or 16 32 2615 Harbor View Or 110 1 2729 Harbor View Or 16 60 2815 Harbor View Dr 20 2901 Harbor View Dr 110 1 16 1 2915 Harbor View Or 16 20 48 110 1 3007 Harbor View Or 16 3201 Harbor View Or 16 2720 Harbor View Or 40 2719 Pebble Or 80 75 60 2700 Pebble Or 40 2720 Pebble Dr 24 1 32 2741 Pebble Or 36 24 20 2801 Pebble Dr 30 NF 2815 Pebble Dr 18 1 A)F 2821 Pebble Dr 21 1 A/F 2901 Pebble Or 56 1 2915 Pebble Or 12 42 1 2709 Setting Sun 0, 75 2807 Settmg Sun Dr 60 3001 Sorting Sun Or 32 AIF 3007 Setting Sun Dr 21 3007 Setting Sun Dr 105 1 1100 Sandpiper Or 60 1 1106 Sandpiper Or 60 1 2715 Ebbtide Rd 15 1 400 AIF 2715 Ebbtide Rd 27 1 2711 Ebblide Rd 86 2 60 1 24 AIF 2701 Ebbtide Rd 6 2701 Windover Or 1 2506 Wavecrest Dr '16 16 2600 Wavecrest Dr 10 1 SurBine Way at Wndover Or 25 40 1233 Ponside Way 16 1132 Goldenrod Ave on Crown Or 32 1 240 1 160 1 1441 Avocado Ave on San Nicolas Dr 18 1 459 3 567 San Nicolas Or 1 500 -C Newport Center Or on 12 12 San Nicolas Dr 90 12 12 1 150 Newport Center Dr on Anacapa Or 20 1 10 1 180 Newport Center Or an Farallon Or 12 15 Farallon Or 12 270 Newport Center Or on Anaw a Dr 460 1 220 1 90 1 1871 Pan Mar ale Place Harbor View 1 Canal Circle Newpon Shores 175 50 1 5 1 644 WORK SCHEDULE Page CERTIFICATE OF INSURANCE CHECKLIST City of Newport Reach This checklist is comprised of requirements as outlined by the City of Newport Beach.'` Date Received: I1 -21 -11 Dept. /Contact Received From: Shauna Date Completed: 11 -21 -11 Sent to: Shari By: - Joel Company /Person required to have certificate: Grigolla & Sons Construction Co. Type of contract: All Others I. GENERAL LIABILITY EFFECTIVE /EXPIRATION DATE: 5 -19- 11/5 -19 -12 A. INSURANCE COMPANY: Peerless Insurance Company B. AM BEST RATING (A-: VII or greater): A: XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? 1,000,000 E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must (What is limits provided ?) include): Is it included? (completed Operations status does F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND G. HIRED AND NON -OWNED AUTO ONLY: COMPLETED OPERATIONS ENDORSEMENT (completed H. NOTICE OF CANCELLATION: Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ❑ No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No 11. AUTOMOBILE LIABILITY EFFECTIVE /EXPIRATION DATE: 5 -19- 11/5 -19 -12 A. INSURANCE COMPANY:. Peerless Insurance Company B. AM BEST RATING (A-: VII or greater) A: XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 CSL E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided ?) N/A F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A 9 Yes ❑ No WORKERS' COMPENSATION EFFECTIVE /EXPIRATION DATE: 10 -01- 11/10 -01 -12 A. INSURANCE COMPANY: California Insurance Company B. AM BEST RATING (A-: VII or greater): A: V I I I C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) 1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY ® N/A ❑ Yes ❑ No ► 1e1R1111lIl:i11" Is1l47 ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ❑ Yes ® No Approved: 11 -21 -2011 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach RISK MANAGEMENT APPROVAL REQUIRED (Non- admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval /exception /waiver: Approved: Risk Management Date * Subject to the terms of the contract. �-� GRIG &SO -C1 _ __LBO_NILLA CERTIFICATE OF LIABILITY INSURANCE D111141201YY, _ 11/14/2011 _ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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 PRODUCER License # 0006309 _CONTACT Bolton & Company _ _CO_ _ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PHONE 626 799 -7000 FAX AIG No, Ext) ( ) (A/C,.No)_(626) 441 -3233 P.O. Box 6030 WHICH THIS _ EMAIL — Pasadena, CA 91102 -6030 EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN ADDRESS: INSURED Grigolla & Sons Construction Co., Inc. PO Box 949 Azusa, CA 91702 -0949 INSURER(S) AFFORDING COVERAGE NAIC_p_ INSURER A: Peerless Insurance Company 24196 INSURERB:TOpa Insurance Co. 118031 INSURER D: INSURER E: V_ER_A_GE_S CERTIFICATE NUMBER: REVISION NUMBER: _ _CO_ _ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. 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, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADO; SUBRi POLICY EFF� POLICY EXP — " - - -- -` LTR_ TYPE OF INSURANCE INSR WVD: POLICY NUMBER _IM M/DDIYYYY)_(MMIDD/YYWJ' LIMITS _ GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 A X COMMERCIAL GENERAL LIABILITY X X !CBP8761283 511912011 5,,9,2012 - 6A7JAGET6REATEO I PREMISES (Ea oaaumence) S 100,000 CLAIMS.MAOE X OCCUR i MED EXP (Any one person) $ 5,000.. _ PERSONAL &ADV INJURY S _ 1,OOQ000 _ GENERAL AGGREGATE $ 2,000,000' GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG S_ 2,000,000 POLICY X PRO- JECT LOC -- - -- _ _ AUTOMOBILELIABILITY CO accdent)INGLE LIMIT S 1,000,000. A X ANY AUTO BA8276879 5/19/2011 511912012 ' BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per aorldent) S AUTOS X X NON-OWNED PROPERTY DAMAGE 5 _ HIRED AUTOS _ AUTOS _(PeraLddenl) UMBRELLA LIAB _X OCCUR B X EXCESSLIAB CLAIMS-MADE _J DEO__ RETENTIONS _ - _- WORKERSCOMPENSATION AND EMPLOYERS' LIABILITY YIN C ANY PROPRIETORIPARTNERIEXECUTIVE — OFFICE RIME MBER EXCLUDED? Y . NIA EACH OCCURRENCE 1,000,000 XL6602999 5/19/2011 ' 5/1912012 AGGREGATE _._s 1,000,000 '468314200102 10/112011 1 10/112012 E.L. EACH ACCIDENT ,S 1,000,000 E.L. DISEASE - EA EMPLOYEES 1,000,000 E.L .DISEASE- POLICY LIMIT 5 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES ,Attach ACORD 101, Additional Remarks Schedule, if more space is required) 12011 -2012 Sidewalk, Curb & Gutter Replacement in various locations, Newport Beach, CA City of Newport Beach, its elected or appointed officers, agents, officials, employees, and volunteers are named GL Blanket Additional Insured per CG2010 )07104 and CG2037 0704 attached, only if required by written contract/agreement. GL Primary Wording applies per 22- 111(01/07) attached. GL Waiver of ,Subrogation applies per CG2404109y attached. Notice of Cancellation applies. CERTIFICATE HOLDER City of Newport Beach Attn: Stricture Lyn Oyler 3300 Newport Blvd. ACORD 25 (2010105) CANCELLATION_ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE ACURO The ACORD name and logo are registered marks of ACORD reserved. Forming a part of Policy Number: CBP8761283 Coverage Is Provided In GOLDEN EAGLE INSURANCE CORPORATION Named Insured: Agent: GP.IGOLLA & SONS CONSTRUCTION BOLTON & COMPANY CO INC Agent Code: 4295047 Agent Phone: (800) - 439.9337 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location(s) Of Covered Operations Or Oroanization(s): ANY PERSON OR ORGANIZATION WHEN YOU AND SUCH PERSON OR ORGANIZATION HAVE AGREED IN WRITING IN A CONTRACT, AGREEMENT OR PREMIT THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY PROVIDE INSURANCE SUCH AS IS AFFORDED UNDER THIS COVERAGE PART. SCHEDULED LOCATIONS OF COVERED OPERATIONS: ANY LOCATION AT WHICH YOU PERFORM WORK DESCRIBED IN WRITING IN THE CONTRACT, AGREEMENT OR PERMIT FOR A PERSON OR ORGANIZATION THAT HAS BEEN QUALIFIED AS AN ADDITIONAL INSURED UNDER TERMS OF THIS ENDORSEMENT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury ", "property damage" or "personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury' or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s).at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. © ISO Properties, Inc.. 2004 CG 20 10 07 04 Page 1 of 1 05/19/2011 8761283 NPC650P 0704 PGDMO60D J32657 GCAFPPN 00010985 Page 79 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to provision a. Primary Insurance of paragraph 4. Other Insurance under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: However, when an additional insured has been added to this Coverage Part by attachment of an endorsement, we will not seek contribution from the "additional insured's own insurance" provided that: (1) You and the additional insured have agreed in a written contract that this insurance is primary and non- contributory; and (2) The "bodily injury" or "property damage" occurs, or the "personal and advertising injury" is committed, subsequent to the execution of such contract. B. For the purposes of this endorsement the following is added to SECTION V — DEFINITIONS: "Additional insured's own insurance" means other insurance for which the additional insured is designated as a Named Insured. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 22 -111 (01/07) Page 1 of 1 POLICY NUMBER:. CBP8761283. COMMERCIAL GENERAL LIABILITY CG 25 03 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: — —_ (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the Insured becomes legally 4. The limits shown in the Declarations for Each obligated to pay as damages caused by "occur- Occurrence, Fire Damage and Medical Ex- rences" under COVERAGE A (SECTION 1), and pense continue to apply. However, instead of for all medical expenses caused by accidents being subject to the General Aggregate Limit under COVERAGE C (SECTION 1), which can be shown in the Declarations, such limits will be attributed only to ongoing operations at a single subject to the applicable Designated Con - designated construction project shown in the struction Project General Aggregate Limit. Schedule above: _ B. For all sums which the insured becomes legally 1. A separate Designated Construction Project obligated to pay as damages caused by "occur - General Aggregate Limit applies to each des- rences' under COVERAGE A (SECTION 1), and ignated construction project, and that limit Is for all medical expenses caused by accidents equal to the amount of the General Aggregate under COVERAGE C (SECTION 1), which cannot Limit shown in the Declarations. be attributed only to ongoing operations at a sin- g. The Designated Construction Project General gle designated construction project shown-In-the- Aggregate Limit Is the most we will pay for the Schedule above: sum of all damages under COVERAGE A, 1. Any payments made under COVERAGE A for except damages because of "bodily injury' or damages or under COVERAGE C for medical "property damage" Included in the 'products- expenses shall reduce the amount available completed operations hazard ", and for medi- under the General Aggregate Limit or the cal expenses under COVERAGE C regard- Products-Completed Operations Aggregate less of the number of. Limit, whichever is applicable; and a. Insureds; 2. Such payments shall not reduce any Deslg- b. Claims made or "suits" brought; or nated Construction Project General Aggre- gate Limit. c. Persons or organizations making claims or bringing "suits". C. When coverage for liability arising out of the "products - completed operations hazard" is pro- 3. An payments made under COVERAGE A for 3. P y vided, any payments for damages because of damages or under COVERAGE C for medical. "bodily injury" or "property damage" included in expenses shall reduce the Designated Con- the 'products- completed operations hazard" will struction Project General Aggregate Limit for reduce the Products - Completed Operations Ag- that designated construction project. Such gregate Limit, and not reduce the General Ag- payments shall not reduce the General Ag- gregate Limit nor the Designated Construction gregate Limit shown in the Declarations nor Project General Aggregate Limit. shall they reduce any other Designated Con- struction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. CG 25 03 03 97 . Copyright, Insurance Services Office, Inc., 1996 Page 1 of 2 13 D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or If the authorized contract- ing parties deviate from plans, blueprints, de- signs, specifications or timetables, the project will still be deemed to be the same construction pro- ject. E. The provisions of Limits Of Insurance (SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. • Policy Number. CBP 8761283 Coverage Is Provided In GOLDEN EAGLE INSURANCE CORPORATION Named Insured: Agent: GRIGOLLA & SONS CONSTRUCTION BOLTON & COMPANY CO INC Agent Code: 4295047 Agent Phone: (800)- 439 -9337 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) Is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule below because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard." This waiver applies only to the person or organization shown in the Schedule below. SCHEDULE Name of Person or Organization: ANY PERSOWORGANIZATION WHEN YOU AND SUCH PERSON OR ORGANIZATION HAVE AGREED IN WRITING IN A CONTRACT, AGREEMENT /PERMIT PRIOR TO LOSS THAT WE WAIVE ANY RIGHT OF RECOVERY WE MAY HAVE AGAINST SUCH PERSON /ORGANIZATI (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement). Copyright, Insurance services Office, Inc., 1992 CG 24 04 (10193) INSURED COPY 05/19/2011 8761283 NPC650P 0704 PGDMD601) J32657 ' GCAFPPN OW10983 Page 77 Applied Underwriters 11/21/2011 9:55:17 AM PAGE 2/002 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 01 03 03 RirL'11TL�: � � r ;1.1C�7111if4 7:7X17171 /�:�y:Ti7JiN71r:l�:f.� 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, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1.(4 Specific Waiver Name of person or organization: City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92443 () Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: Job @ 4e50 - 2011/2012 Sidewalk, Curb & Glitter Replacement Newport Beach, CA 3. Premium 150 The premium charge for this endorsement shall be of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Minimum Premium 5. Advance Premium This endorsement changes the policy to which it Is attached and Is effective on the date Issued unless otherwise stated. Endorsement Effective 10 /01 /11 Policy No. 46- 831420 -01 -02 Endorsement No. 20 Insured Grigolla & Sons Const. Co. , Inc. Premlum$,ISO. 000 Insurance Company California Insurance Company Countersigned by��YG ®� "" Applied Underwriters 11/21/2011 9:55:17 AM PAGE 1/002 APPLIED UNDERWRITERS, INC. MIDWEST SERVICE CENTER P.O. Box 3646 Tel: (877) 234 -4420 Omaha, NE 68103 -0646 Fax: Mm�VA APPLI1H,D fil J.JNDERWRIT'IERS To: Laura From: Josh Yochem Company: Phone: (877) 234 -4420 Fax: 626- 405 -2063 Pages: 2 (including cover) Phone: Date: 11 /21/2011 9:54:44 AM CC: Att: Laura CITY OF �`Fl ^' /Mll r NEWPORT BEACH City Council Staff Report Agenda Item No. 3 November 8, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949 - 644 -3311, sbadum @newportbeachca.gov PREPARED BY: Alfred Castanon, Associate Civil Engineer APPROVED: �!n r� TITLE: 2011 -2012 Sidewalk, Curb & Gutter Replacement —Award of Contract No. 4850 ABSTRACT: Staff has received construction bids for the 2011 -2012 Sidewalk, Curb & Gutter Replacement project and is requesting City Council's approval to award the work to Grigolla & Sons Construction Company, Inc. RECOMMENDATIONS: 1. Approve the project drawings and specifications. 2. Award Contract No. 4850 to Grigolla & Sons Construction Company, Inc., for the Total Bid Price of $433,950, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $51,000 (12 %) to cover the cost of unforeseen work not included in the original contract. 4. Approve Budget Amendment No. 12BA- transferring $40,000 in project savings from the 2010 Slurry Seal project (Account No. 7013- C2001011) to Account No. 7013- C2001009 (Sidewalk Curb and Gutter Replacement.) FUNDING REQUIREMENTS: Upon approval of the proposed Budget Amendment, there will be sufficient funding in the following account for the award of this contract. 2011 -2012 Sidewalk, Curb & Gutter Replacement — Award of Contract No. 4850 November 08, 2011 Page 2 Account Description General Fund Proposed uses are as follows: Vendor Grigolla & Sons Construction Co., Inc. Grigolla & Sons Construction Co., Inc. GMU Geotechnical, Inc. Various DISCUSSION: Account Number Amount 7013- C2001009 $ 490,000.00 Total: $ 490,000.00 Purpose BIDDER Amount Construction Contract $ 433,950.00 Construction Contingency $ 51,000.00 Geotechnical Services $ 4,720.00 Printing & Incidentals $ 330.00 Total: $ 490,000.00 At 10:00 A.M. on October 13, 2011, the City Clerk opened and read the following bids for this project: The low total bid amount is 17 percent below the Engineer's Estimate of $524,250. The current competitive construction market most likely contributed to the disparity between the received low bid and staff's cost estimate. The low bidder, Grigolla & Sons Construction Company, Inc., possesses a California State Contractors License Classification "A" as required by the project specifications. A check of the contractor's references indicates satisfactory completion of similar projects for the City of Newport Beach and other public agencies. The work necessary to complete this contract consists of existing sidewalk, curb and gutter replacement, curb access ramps, 2 BIDDER TOTAL BID AMOUNT Low Grigolla & Sons Construction Company, Inc. $433;950.00 2nd Interlog-HYM Engineering $434,200.00 3`d CJ Construction, Inc. $437,975.00 4th Unique Performance Construction, Inc. $459,055.00 5th Black Rock Construction $470,000.00 6th Encorre Services Inc. $498,840.00 7th Pointer. Enterprises $504,325.00 8th EBS Inc. $554,434.00 9th All American Asphalt $557,557.00 10th Martinez Concrete, Inc. $557,575.00 11th Nobest, Inc. $581,650.00 12th S. Parker Engineering, Inc. $634,364.00 13th Palp, Inc. $634,840.00 14th Kalban, Inc. $680,500.00 The low total bid amount is 17 percent below the Engineer's Estimate of $524,250. The current competitive construction market most likely contributed to the disparity between the received low bid and staff's cost estimate. The low bidder, Grigolla & Sons Construction Company, Inc., possesses a California State Contractors License Classification "A" as required by the project specifications. A check of the contractor's references indicates satisfactory completion of similar projects for the City of Newport Beach and other public agencies. The work necessary to complete this contract consists of existing sidewalk, curb and gutter replacement, curb access ramps, 2 2011 -2012 Sidewalk, Curb & Gutter Replacement — Award of Contract No. 4850 November 08, 2011 Page 3 driveways, and pruning tree roots, installing tree root barriers, removal and replacement of trees per City standards within the Newport Center, Harbor View, Corona Del Mar and Newport Coast communities. Pursuant to the Contract Specifications, the Contractor will have 85 consecutive working days to complete the work. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ( "CEQA") pursuant to Section 15302 (Replacement or Reconstruction) of the CEQA of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: The Notice Inviting Bids for this project was advertised in the City's official publication and in construction industry publications. Ten days prior to starting work, a City prepared notice will be distributed by the contractor to residents within the project limits advising them of the pending work. Additionally, a second notice will be distributed by the contractor to residents two days before work will start adjacent to their property. The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Cnhmif4crl hv� Attachments: A. Location Maps B. Budget Amendment a � �P i, Lam, - q s 'v hs T A PVT) U i IS P ' / q2v gOMg�RO rOk Ie •'P \'m I .j4 .SAN CLEMEN Q-� 7E DR ce' , z \�P FASH10j\l ISM A111D Luv,�KY tip /WY (PVT) < a 0 � o r NEWPORT CENTER FY 2011 -2012 SIDEWALK, CURB & GUTTER REPLACEMENT PROJECT LOCATION MAP LN `Q �Q 0- R ok\ O (A�JoO g�G C \�G /ti ooh k \qS < < Onl ii l A G z r h oe. PAC 2 a r +.ZJ Q Rolm F _ CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C -4850 SHEET 1 w J 0 i!� U N qti�\ G 1 F O Z ��I �r tel: \�P FASH10j\l ISM A111D Luv,�KY tip /WY (PVT) < a 0 � o r NEWPORT CENTER FY 2011 -2012 SIDEWALK, CURB & GUTTER REPLACEMENT PROJECT LOCATION MAP LN `Q �Q 0- R ok\ O (A�JoO g�G C \�G /ti ooh k \qS < < Onl ii l A G z r h oe. PAC 2 a r +.ZJ Q Rolm F _ CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C -4850 SHEET 1 L. ,I �•I K' �1( 4 t 2 < .y DP Syr, �oPl R ell L. f� ,UP I( �`� LiWHITEWA'" �3 Q� Q� L FO SAN JOAOUIN HILLS ROAD .- CATAMARAN pR ,Y '0( _ WPp65T4lO? :r f. ST4 r III PVT) ItN -\ v IIF 9n 9��n 6 PgRq4 \N pp\ l 51 A A I (ENTRY •,i i Qt,PtiP 1WY(PVT)L�' �. I ply P 2..• '.'y: 1 '_ li EW L. ,I �•I K' �1( 4 t 2 < .y DP Syr, �oPl R ell L. f� ,UP I( �`� LiWHITEWA'" �3 Q� Q� L HARBOR VIEW & CORONA DEL MAR FY 2011 -2012 SIDEWALK, CURB & GUTTER REPLACEMENT PROJECT LOCATION MAP n PRE POINT- (PVT) 1 a/ Ok 1 KGA' j��v iq Pi PV1) AP 5.: NT CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C -4850 I SHEET 2 rl FO SAN JOAOUIN HILLS ROAD .- CATAMARAN pR '0( ti BLUE %1m,Io l,.m o� III PVT) ItN -\ v IIF 9n 9��n 6 n \N pp\ l 51 A A P ` HARBOR VIEW & CORONA DEL MAR FY 2011 -2012 SIDEWALK, CURB & GUTTER REPLACEMENT PROJECT LOCATION MAP n PRE POINT- (PVT) 1 a/ Ok 1 KGA' j��v iq Pi PV1) AP 5.: NT CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C -4850 I SHEET 2 rl 11 %h 'f � by 1'•. � • /s i �y _ p,f ryPm ��• NEWPORT COAST FY 2011 -2012 SIDEWALK, CURB & GUTTER REPLACEMENT PROJECT LOCATION MAP CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C -4850 I SHEET 3 6 d1F-t99 rg pp }py� .a;w, ,� _� g .`••mow„ �^� �... t1 \�-•s� 8 i ��Ch���'i 11 %h 'f � by 1'•. � • /s i �y _ p,f ryPm ��• NEWPORT COAST FY 2011 -2012 SIDEWALK, CURB & GUTTER REPLACEMENT PROJECT LOCATION MAP CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C -4850 I SHEET 3 6 C ®t', ®f Newport Beach NO. BA- 12BA -015 BUDGET AMENDMENT 2011 -12 AMOUNT:, $ao,000.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance PX Transfer Budget Appropriations PX No effect on Budgetary Fund Balance SOURCE: X from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To transfer expenditure appropriations from the General Fund Slurry Seal Program budget to the General Fund Sidewalk, Curb and Gutter budget. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Description Signed: Signed Signed: i I Financial Appfotal: Administrative Services Director Approval: City City Council Approval: City Clerk Amount Debit Credit $40,000.00 $40,000.00 /I • /. rl Date ti Date Date Description Division Number 7013 General Fund - Street Capital Projects Account Number C2001011 Slurry Seal Program Account Number C2001009 Sidewalk/Curb /Gutter Replacement Division Number Account Number Division Number Account Number Signed: Signed Signed: i I Financial Appfotal: Administrative Services Director Approval: City City Council Approval: City Clerk Amount Debit Credit $40,000.00 $40,000.00 /I • /. rl Date ti Date Date