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C-4189 - 2009-2010 Sidewalk, Curb and Gutter Reconstruction
C'< June 9, 2011 CITY OF NEWPORT BEACH Mr. David Grigolla Grigolla & Sons Construction Co., Inc. P.O. Box 949 Azusa, CA 91702 OFFICE OF THE CITY CLERK Leilani I. Brown, MMC Subject: 2009-2010 Sidewalk, Curb & Gutter Reconstruction (C-4189) Dear Mr. Grigolla: On June 8, 2010, 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 June 16, 2010. Reference No. 2010000282425. The Surety for the contract is International Fidelity Insurance Company and the bond number is 0507037. Enclosed is the Faithful Performance 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 nd was issued in four (4) identical —anterparts. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2009-2010 SIDEWALK CURB & GUTTER RECONSTRUCTION CONTRACT NO. 4189 i11E FINAL. PRE> RJR M FDICATED ON THE PRICE BOND NO.0507037 FINAL CONTRACT� FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 5,531. 00 being at the rate of $ 19.31 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Grigolla & Sons Construction Co., Inc, hereinafter designated as the "Principal", a contract for construction of 2009-2010 SIDEWALK, CURB & GUTTER RECONSTRUCTION, Contract No. 4189 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 4189 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and International Fidelity Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Three Hundred Two Thousand, Fifty and 001100 Dollars ($302,050.00), lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 32 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 14th day of January , 2010. Grigolla & Sons Construction Co., 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 Autho Authorized Agent Arturo Ayala, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 33 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT -_-_ -- STATE OF CALIFORNIA County of Orange } On 1/14/10 before me, Daniel Huckabay, Notary Public Date Here Insert Name and Title of the Officer personally appeared Arturo Ayala Name(s) of Signer(s) DANIEL HUCKABAY COMM. #1796314 N :•,' Notary Public -California ORANGE COUNTY My Cnnim. Expires Apr. 24, 2012 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under - IAETY- QF PERJURY under the laws of the Stat alifornia that a foregoing paragraph is true and c rect. Witne my hand and Signature L OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Faithful Performance Bond Document Date: 1/14/10 Number of Pages: Two 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 V Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s)— ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotary.org Item #5907 Reorder: Call Toll -Free 1.800-876-6827 ACKNOWLEDGMENT ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ 1 State of Calif9qrnia County of /—d5 /Lss. On before me, 1� ��ry� Public, personally appeared Notary ,who proved to me on the basis of satisfactory evidence to be the person(g) whose name(g) is/afe subscribed to the within instrument and acknowledged to me that he/s#eAl-rey executed the same in his/4/t4E4 authorized capacity(ies), and that by his/heF/tha r signatures(s) on the instrument the person(-), or the entity upon behalf of which the person(,) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. A4 Signature STELLA GRIGOLLA COMM. # 1870454 NOTARY PUBLIC.CALIFORNIA �l Los ANGELES COUNTY MY Comm. Exp. Nov. 6, 2013 (seal) ■ ■ ■ ■ ■ ■ ■ ■ . ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ 1 OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language 6A - Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney ✓ CEOCFO COO President / Vice-PresidentSecretary Treasurer Other: Other Information: 31 Thumbprint of Signer Q Check here if no thumbprint or fingerprint is available. cy July 22, 2010 CITY OF NEWPORT BEACH Mr. David Grigolla Grigolla & Sons Construction Co., Inc. P.O. Box 949 Azusa, CA 91702 OFFICE OF THE CITY CLERK Leilani I. Brown, MMC Subject: 2009-2010 Sidewalk, Curb & Gutter (C-4189) Dear Mr. Grigolla: On June 8, 2010, 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 June 16, 2010, Reference No. 2010000282425. The Surety for the contract is International Fidelity Insurance Company and the bond number is 0507037. Enclosed is the Labor & Materials Payment Bond. Sincerely, �ffwvl_- 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 --id was issued in four (4) identical c�anterparts. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2009-2010 SIDEWALK, CURB & GUTTER RECONSTRUCTION CONTRACT NO. 4189 THE FINAL PREMIUM IS PROICATED ON THE BOND NO. 0507037 FINAL CONTRACT PRICE LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Grigolla & Sons Construction Co., Inc., hereinafter designated as the "Principal," a contract for construction of 2009-2010 SIDEWALK, CURB & GUTTER RECONSTRUCTION, Contract No. 4189 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 4189 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, International Fidelity Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of Three Hundred Two Thousand, Fifty and 001100 Dollars ($302,050.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attomey's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 28 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 14th day of _ January . 2010. ��I J Gri'golla & Sons Conslf uction Co., Inc. (Principal) International Fidelity Insurance Compa. 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 Title NGTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED q!1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 1/14/10 Date before me, Daniel Huckabav, Not Public Here Insert Name and Title of the Officer personally appeared Arturo Ayala Name(s) of Signer(s) DANIEL HUCKABAY COMM. #1796314 Notary Public -California LL r, ORANGE COUNTY My Comm. Expires Apr. 24, 2012 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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 PEfyE the State of a ornt(� is that the and corre . Witness m hand and offic Signature Signature of Nniqy Public OPTIONAL under the laws of paragraph is true Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Labor and Materials.;P Document Date: 1/14/10 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 [� Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Bond . Number of Pages: Two Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s)_ ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876.8827 ACKNOWLEDGMENT ................................................ 0 0 a N N 0 ............ 0 0 M E E a a E E N N V 1 State of California County of 4a5 4! rj e�8 )SS. On before me, CO !-! !q Notary Public, personally appeared 22,40I -D who proved to me on the basis of satisfactory evidence to be the person(s) whose name(.&) isLaf_e subscribed to the within instrument and acknowledged to me that hely executed the same in his/hefit#eir authorized capacity(.e&), and that by his/ sir signatures(a) on the instrument the person(a), 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. Signature STELLA (�GRI f/GOLLA 1870454 OTt PY PUB! I, -CALIFORNIA Los At its Couis ICY Co""m EXP. Nov. 6, 2013 14 (seal) ■ ■ ■ ■ ■ ■ ■ ■ ........ ■ ■ ■ ■ ■ ■ ... ■ ... ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ 0 E E E ■ ■ ■ ■ ■ ■ ■ 1 Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION /_/ V _/ 6 a e Z E AJ Cs Li S /f Type of Satisfactory Evidence: ✓ Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power o ttorney _r✓ CEO CF / COO ✓ President / Vice -President / Secretary Treasurer Other: Other Information: 34 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 i�. ... j. ., i-rii•�1,;1 jj�%'�`'' `�E tint `,�rtlit�i 153 4,10 N1 2 1 r 0.00 f n ;:.,60 r CITY OFN,1� FRK�� "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 & Sons Construction Co., Inc., of Azusa, California, as Contractor, entered into a Contract on January 26, 2010. Said Contract set forth certain improvements, as follows: 2009-2010 Sidewalk, Curb & Gutter Reconstruction (C-4189 Work on said Contract was completed, and was found to be acceptable on June 8, 2010, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is International Fidelity Insurance Company. City VERIFICATION Wrks Director ewport Beach I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on BY City Clerk JUV* I, U10 , at Newport Beach, California. June 9, 2010 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC RE: Notice of Completion for the following project: • 2009-2010 Sidewalk, Curb & Gutter Reconstruction (C-4189 Please record the enclosed document and return it to the City Clerk's office. Thank you. Sincerely, ( � MA\- M�&AA� Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www. city. newport-beach. ca. us RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Grigolla & Sons Construction Co., Inc., of Azusa, California, as Contractor, entered into a Contract on January 26, 2010. Said Contract set forth certain improvements, as follows: 2009-2010 Sidewalk, Curb & Gutter Reconstruction (C-4189) Work on said Contract was completed, and was found to be acceptable on June 8, 2010, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is International Fidelity Insurance Company. PGblicrks Director City of ewport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on JaV4 II U10 , at Newport Beach, California. CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 12 June 8, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Project Engineer, Principal Civil Engineer 949 - 644 -3321 or ftse @newportbeachca.gov SUBJECT: 09 -10 Sidewalk Curb and Gutter Replacement Program —Completion and Acceptance of Contract No. 4189 Recommendations: 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 3. Release the Faithful Performance Bond one year after Council acceptance. Construction Contract Summary: Construction Contract Final Cost at Benchmark Contract Award Amount Completion Target Actual Time r Da s lUnder $302,500.00 $356,791.00 Contract Contract 75 Plus 25% Plus 18% Discussion: On January 26, 2010, City Council authorized the award of the FY 09 -10 Sidewalk Curb and Gutter Replacement Program (C -4189) to Grigolla & Sons Construction Co., Inc. for a contract amount of $302,500.00. The project's contingency amount was set at 25% to take advantage of the low unit bid prices. The contract, as bid, scheduled the replacement of sidewalks, curbs and gutters within the Anniversary Tract, Bluffs, and East Santa Ana Heights communities. However, due to the need to replace the damaged and deteriorated curbs and gutters within the "Port" 09 -10 Sidewalk Curb and Gutter Replacement Program -Completion and Acceptance of Contract No. 4189 June 8, 2010 Page 2 streets ahead of the FY 09 -10 Slurry Seal Project, the "Port" streets work substituted for the Anniversary Tract. In addition, per requests from Bluffs residents, staff directed Grigolla to construct sixteen curb access ramps along Vista Del Oro. While the new work was larger than the original project scope, the low unit bid prices helped mitigate the increased cost. The final overall construction cost, without any change orders, was approximately 18% percent above the original bid amount. 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: $302,500.00 Actual cost of bid items constructed: $356,791.00 Total change orders: $ 0 Final contract cost: $356,791.00 A summary of the project schedule is as follows: Estimated completion date per July 2009 Schedule: June 11, 2010 Project Award for construction: January 26, 2010 Date of Notice To Proceed (NTP): February 12, 2010 Contract Completion Date per NTP: June 14, 2010 Actual Construction Completion Date: May 21, 2010 Environmental Review: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 Class 1 (c), of the CEQA Implementing Guidelines. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work, two City - prepared construction informational notices were distributed by the Contractor to the residents within the work vicinity. The first notice was distributed ten days prior to the scheduled work. The second notice was distributed 48 hours before the work commenced. 09 -10 Sidewalk Curb and Gutter Replacement Program -Completion and Acceptance of Contract No. 4189 June 8, 2010 Page 3 Fundinq Availability: Funds for the construction project were expended from the following account: Account Description General Fund Account Number 7013- C2001009 Total No other project expenses were incurred for this project. Prepared by: Civil Engineer Attachment: Location Map Submitted by: Amount $ 356,791.00 $356,791.00 EAST SANTA ANA HEIGHTS THE "PORT" STREETS THE BLUFFS LOCATION MAP NOT TO SCALE 2009 -2010 SIDEWALK, CURB AND GUTTER REPLACEMENT CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 A.M. on the 7t" day of January, 2010, at which time such bids shall be opened and read for 2009-2010 SIDEWALK, CURB & GUTTER RECONSTRUCTION Title of Project Contract No. 4189 $430,000.00 Engineer's Estimate �ti o Approve ,-Ste ��1N . Ba� Pu orks Director Prospective bidders may obtain one set of bid documents for $10.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: "A or C-8" For further information, call Fong Tse, Project Manager at (949) 644- 3321 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.NewportBeachCA.gov CLICK: Online Services / Bidding & Bid Results CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2009-2010 SIDEWALK, CURB & GUTTER RECONSTRUCTION Contract No. 4189 TABLE OF CONTENTS NOTICE INVITING BIDS......................................................................................... Cover INSTRUCTIONS TO BIDDERS......................................................................................3 BIDDER'S BOND............................................................................................................5 DESIGNATION OF SUBCONTRACTOR(S)...................................................................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES............................................7 NON -COLLUSION AFFIDAVIT.....................................................................................11 DESIGNATION OF SURETIES.....................................................................................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA.......................................................................15 INFORMATON REQUIRED OF BIDDER......................................................................16 NOTICE TO SUCCESSFUL BIDDER..........................................................................19 CONTRACT..................................................................................................................20 LABOR AND MATERIALS BOND.................................................................................26 FAITHFUL PERFORMANCE BOND.............................................................................28 PROPOSAL............................................................................................................... PR -1 SPECIALPROVISIONS............................................................................................ SP -1 Fj CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2009-2010 SIDEWALK CURB & GUTTER RECONSTRUCTION Contract No. 4189 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 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 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. Contractor's License No. & Classification �> & Sons Const Co INC Bidder- .� uthorized Si re/Title Date 4 Bond No. GRISO-12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2009-2010 SIDEWALK, CURB & GUTTER RECONSTRUCTION Contract No. 4189 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 ($ log 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 2009- 2010 SIDEWALK, CURB & GUTTER RECONSTRUCTION, Contract No. 4169 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. VVdness our hands this 21St day of December M=2009 Grigolla & Sons Construction Co., Inc. (Principal) International Fidelity Insurance Companj 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 Title (Notary acknowledgment of Principal & Surety must be attached) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 12/21/09 Date before me, Daniel Huckabay, Notary Public Here Insert Name and Title of the Officer personally appeared Arturo Ayala Name(s) of Signer(s) DANIEL HUCKABAY COMM. #1796314 No Public California n M1 ORANGE COUNTY a My Conon. Expires Apr. 24, 2012 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY PERJURY under the laws of the State of Cali fo a that the TNegOing paragraph is true and correct. N Witness my hand and official seal Signature Signature of OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: 12/21/09 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Arturo Ayala ❑ Individual ❑ Corporate OfficerTltle(s): ❑ Partner — ❑ Limited ❑ General V Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Bid Bond Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner — ❑ Limited ❑ General 9 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: One © 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of: California County of: �(I /,f On i">—a-t—o> beforemJk.l (na and title of4he officer) personally who proved to me on the basis of satisfactory evidence to be the person * whose name(,) is/al;& subscribed to the within instrument and acknowledged to me that he/spy executed the same in his/4@4their authorized capacity (iee•), and that by his/he4t4eir signature(s) on the instrument the person(g), or the entity upon behalf of which the personk@� 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. •�L.-]...s>.._:�.,.�,A..:a}..SAf..:..A.�ile. b•.4.�n.t-1,'n-'„h.: �.P ^. _ - WITNESS m official seal `< Signature of Notary Public (Notary Seal) -OPTIONAL INFORMATION— Information NFORMATION Information below is NOT required by law however may deter fraudulent removal of this form. Description of Attached Document ammomm , Capacity Claimed by Signer(s)Ig 7" P.T810 ofsigner Number of Pages ®�' g Documeent Date: j'a- !;>t O°i ❑ Individual(s) Corporate S 1 �yOfyficcerer4 ❑ Partner ❑ Attorney -in -Fact Title or type of document ❑ Trustee(s) ❑ Other Additional information Bond No. GRISO-12 Tel (973) 624-7200 jvOWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 FOR BID BOND/RIDER/CONSENTS/AFFIDAVITS 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 ............. ........ ................................. ......................................................... ......................................................... ....... ................................ ...................... ................................................... RALPH EIDEM, JR., ARTURO AYALA, DANIEL HUCKABAY Orange, CA. its true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety,any and all bonds and undertakings, contracts of indemnity and other writings obligatory m the nature thereof, which are or may be allowed, required or permitted by law, stature, rule, regulation, contract or otherwise, and the execution of such instrument(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 same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney 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 INTERNATIONAL FIDELITY INSURANCE COMPANY at 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 the 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 Attorney 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 the signatures of such officers and the seal of the Company may be affixed to any such Power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. CITY /yf 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 16th day of October, A.D. 2007. INTERNATIONAL FIDELITY INSURANCE COMPANY SEAL n T STATE NEW JERSEY Z i 9�4 County off Essex �2yJE Secretary On this 16th day of October 2007, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate 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. U.OAFIQ6IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. 33 A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov. 21, 2010 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power 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 the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this 21st day of December, 2009 Assistant Secretary ! .ambest.com/ratings;. oIlProfile.asp?B1=0&AMBNurn= 520&AltSrc=1&h, ,411711 International Fidel io) Insurance COmpanY EU Print this Pape Effective Date: June 22, 2009 * Denotes Under Review Ratings. See rating definitions. Reports and News Visit our NewsRoom for the latest news and press releases for this company and its A.M. Best Group y' Inbox -IF; ' Best's C... le Q This rating is, assignedFInencW-M'T'�120 dn A.M. Best #: 00520 NAIC #:11592 FEIN #: 221010450 to companies that have, in our opinion, At Address: One Newark Center, 20th Floor Picone: 973-624-7200 an excellent ability to Newark, NJ 07102 Fax: 973-643-7116 meet their ongoing obligations to policyholders UNITED STATES Web: ,vEs.3 itic.com - Ratings Financial Strength Ratings View Definitions Issuer Credit Ratings Veva Definitions Rating: A- (Excellent) long -Term: a - Financial Size Category: VII ($50 Million to $100 Million) Outlook: Stable Outlook: Stable Action: Affirmed Action: Affirmed Date: June 22, 2009 Effective Date: June 22, 2009 * Denotes Under Review Ratings. See rating definitions. Reports and News Visit our NewsRoom for the latest news and press releases for this company and its A.M. Best Group y' Inbox -IF; ' Best's C... le Q PUBLIC WORKS DEPARTMENT 2009-2010 SIDEWALK CURB & GUTTER RECONSTRUCTION Contract No. 4189 DESIGNATION OF SUBCONTRACTOR(s) State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work % of Number Total Bid Name: �0�0�5 .�t 'J]', Yi'Sj6�gt`) rj Address Gm� �i►G. A.,.1 v� l It ✓1h a�j o� v� �j0/ %kpow,aV! 6�V% ,CA 'C9,31 Phone: p,G o1_JCv,;�I _ -a634 State License Number: 1100S O H Name: (k�k ��no, -r •,, 1 Address: 6,6W p; , C44. CJasoq-(Ioq Phone: c15—%00S-0SI{ ` State License Number: 1-5 f7 30) Name: Address: Phone: State License Number: Grigolla & Sons Const. Co. INC. Bidder 0 uthorized Si at e/Title CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2009-2010 SIDEWALK, CURB & GUTTER RECONSTRUCTION Contract No. 4189 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type Bidders Name GE&aQ & Som 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/NumberZ008-2,001 `9idewallC� Gur(� Ciu ,vt Project Description Approximate Construction Dates: From 3— 1— 05To: 7— ~ ©cl f�� Agency Name �� r� �Dttlj w6 ' �j � Contact Person (ong Co k ra C' Telephone (I J � ti H- 3 3 3 Q 4111, Original Contract Amount $5'41 final Contract Amount $ r7�j 06,C>. 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. �;c . No. 2 Project Name/Number FYol Ec-f" 09- OQ3,�,c�-� vas ��s Project Description 969WJE Approximate Construction Dates: From Avc. 0 q To: AUdVErY76.-r- 0 q Agency Name of- at'.4; ,,Jd) L_ pA,� Contact Person , Telephone 2 -- Original Original Contract Amount F nal Contract Amount $ �, 7 �� Z & 6 If final amount is different from original, please explain (change orders, extra work, etc.) 6KCef 6U0,e_1<_- Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Pna✓EGi 5,2 a 5 L - 5 94)S- �e 5e6 Project Name/Number ml..sr ..AI7�Lurl� 2&, p Gam,��7ra�7'DY► Project Description C011 CPZ_6 %i' 46 t- u r'6 p_p r Ga N si�v cT/ Approximate Construction Dates: From ./c/o y To: ll�/CJD �j Agency Name _ GI_Ivtn Of- �;; w -'N olLc�l Contact Person MAXIS OVIZ W 0 ra d j Telephone (965-) Original Contract Amount $7a.,37,sFinal Contract Amount $ ?6) 3 eSl, 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. ND 10 No. 4 Project Name/Number ADA A P C L,(-- 5,5 5Sy / Project Description fj Vm � UC_ 51[2L I l A L_ k C j2 Repla Approximate Construction Dates: Prom To: l't D C/ Agency Name Contact Person VI g- M d ft!Z Telephone (q!s j) 765 - _? 3 1M' Original Contract Amount $ 170 4q Final Contract Amount $_ I '7d /�SQ , U If final amount is different from original, please explain (change orders, extra work, etc.) C6 Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number ZOQE /D � t- j��q l TiIV "//Gt� � Project Description pVc-_�, Approximate Construction Dates: From �- ,,O -Q q To: Agency Name �c �., p / Contact Person Jo E ,2B0 G d/,- Telephone (L26) 955 _ Original Contract Amount $d 5 c2. Final Contract Amount $ '73� 'M/ 00 If final amount is different from original, please explain (change orders, extra work, etc.) �-YIT_A w wtC 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. /vo 11 No. 6 _ Project Name/Number Pq,ti, „S Project Description rz��s Approximate Construction Dates: From TOq To: m R ECA 31, 0 q Agency Name., ®'p- "L/`r,✓i Contact Person ran 6c a 6& rn /16 Telephone (�2L) 43C —2291 Original Contract Amount $Final Contract Amount $_27, 2I� -70 If final amount is different from original, please explain (change orders, extra work, etc.) _R�yis/ n oY-' 0/z-P&Ae Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Grigolla & Sona Gorst. Co. INC. Bidder 12 �0_c Authorized Sig to itle CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2009-2010 SIDEWALK, CURB & GUTTER RECONSTRUCTION Contract No. 4189 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of Los 1e's c�� D Ca ✓ o� (� being first duly sworn, depposes and says that he or she is of (nlla&Sons Const. Co. INC. the party making the foregoing bid; that the bid is not/made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State nia th t the foregoing is true and correct. Grigolla & Sons Const. Co. INC. < _ 1 Bidder authorized S Subscribed and sworn to (er-�) before me on this (o46�`d ay of 17"L- _, 2010 A / by V t G r , ©c,, personally known to me or proved to me on the basis of satisfactory eviden e to be the person(-&) 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. i r) N ary Public [SEAL] �/ Y y� My Commission Expires: 412,00 13 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2009-2010 SIDEWALK CURB & GUTTER RECONSTRUCTION Contract No. 4189 DESIGNATION OF SURETIES Bidders name GrigeMa 4 Soros 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): l �e�w�¢1'Gt o�.` �- Ijd►�c�[ Int v' &'.r' o rth o.. 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2009-2010 SIDEWALK CURB & GUTTER RECONSTRUCTION Contract No. 4189 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name Qft a do Sons Const Co. INC. Record Last Five (5) Full Years Current Year of Record q e 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 2009 2008 2007 2006 2005 Total 2010 No. of contracts 3 �� 6 5� vp Total dollar Amount of Contracts (in a;1D vs. 3,q �,$ 5•a 4,a 3.$ ����� Thousands of $ rt �1;.•, w►� l �ish w+� (�;or, v" i l �;srt w�; (�;y� No. of fatalities No. of lost Workday Cases No. of lost workday cases involving permanent transfer to another job or termination of employment The information re uired for these items is t h q e same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Legal Business Name of Bidder Business Address: Business Tel. No.: State Contractor's License No. and Grigotia.& Sons Const. Co. INC. P.O. Box 949 Azusa, C Classification: 61 t{ 3D — A � 2�0.� „^ur`, Title-�.�,,,�,,� The above information was compiled from the records at 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. Sig Sig Slgiiaiuio vi bidder Date Title Signature of bidder Date Title Cwigolla & Sons Const. Co. INC. If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or of fewer than all of the partners/joint ventures if submitted with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners/joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 16 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT r State of: California County of: On 1 — 6 '- I 0 ,before me, _ yAld (narne.,Ad title of the o icer) personally appeared \ .A h !1 lZ, who proved to me on the basis of satisfactory evidence to be the person �j whose name(A is/are subscribed to the within instrument and acknowledged to me that he4he{they executed the same in his/%er/ftir authorized capacity dies), and that by his/4&nftir signature,*) on the instrument the person,(s), or the entity upon behalf of which the persoW 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 mAh official seal Signature f Notary Public (Notary Seal) ® -OPTIONAL INFORMATION— Infonnation below is NOT required by law however may deter fraudulent removal of this form. Description of Attached Document Number of Pages Iv Document Date: j —b- tO �re.ekvlrS �101wi�Gf'� w� Title or type of document Additional information Capacity Claimed by Signer(s) ❑ Individual(s) 4�( Cor ,porate Officer r ,v l ❑ Partner ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of: California County of: fps On 1 4V_ before me, (narrre and title of the officer) personally appeared V i' who proved to me on the basis of satisfactory evidence to be the person (s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their 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 - t. oa i7 Signa re of Notary Publ' (Notary Seal) ® ®OPTIONAL INFORMATION— — Information below is NOT required by law however may deter fraudulent removal of this form. Description of Attached Document Capacity Claimed by Signer(s) of Signer Number of Pages ❑ Individual(s) Document Date: L__6__0 Q 7�7 X Corporate Officer �4 In /'J %Ilil,�Z4❑ Partner Title or type of document ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other Additional information MINUTES OF REGULAR MEETING OF THE BOARD OF DIRECTORS OF GRIGOLLA & SONS CONSTRUCTION CO., INC. The directors of Grigolla & Sons Construction, Co., Inc. ("Grigolla & Sons"), held their regular meeting at the time, date and location set forth as follows: Date of meeting: 01/22/09 Time of meeting: 7:00 a.m. Location of meeting: Azusa Corporate Office The following directors were present at the meeting, representing a quorum, and all of the Board of Directors: Raymond Grigolla, John Grigolla and David Grigolla. The Secretary announced that the next item of business was the consideration of numerous formal resolutions for approval by the board. After introduction and discussion, and upon motion duly made, seconded and carried by the affirmative vote of all directors in attendance at the meeting, the following resolutions were adopted by the directors entitled to vote at the meeting: I, David Grigolla am authorized from this date forward to sign bid forms for Public Works/Government Agencies projects. Whereas, I am given authorization to submit bid proposals with my signature on behalf of the corporation. Now, therefore, be it resolved, and approved by the President John Grigolla, and Vice -President Raymond Grigolla. MINUTES OF REGULAR MEETING OF THE BOARD OF DIRECTORS OF GRIGOLLA & SONS CONSTRUCTION CO., INC. Resolved, further, this shall act as a Power of Attorney/ Resolution for all future Public bid proposals until the annual renewal date of 01/21/10. There being no further business to come before the board, the meeting was adjourned. Date: 01/22/09 Corporate Sea! I MINUTES OF REGULAR MEETING OF THE BOARD OF DIRECTORS OF GRIGOLLA & SONS CONSTRUCTION CO., INC. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2009-2010 SIDEWALK, CURB & GUTTER RECONSTRUCTION Contract No. 4189 ACKNOWLEDGEMENT OF ADDENDA Bidders name Grlgolla do Sons Const. Co. INC. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. 1 Date Received 17 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2009-2010 SIDEWALK CURB & GUTTER RECONSTRUCTION Contract No. 4189 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: Crlgotladc Sora Const. Co. INC. P o �i�g . q �o q�? w � s. Business Address: C o, 4 Pcp Telephone and Fax Number: Goat- S5y-1;J3°r ( �AX California State Contractor's License No. and Class: A (�ae ^e.Y'g;,,,� (REQUIRED AT TIME OF AWARD) J -J'--VI. Original Date Issued: 1 $ Expiration Date: 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: /' r The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address o\.., Gr i; o,X .1�rcc:1,.� Q C, ( < L Telephone -DI?( neji�' 3i Corporation organized under the laws of the State of (_A 18 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: I -I All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner/agency? If so, explain. 00 Hae you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labo2L compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes /E) Are any claims or actions unresolved or outstanding? Yes / 0 19 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. Grigolla do Sons Const Co, INC, Bidder (Print name of O ner or President of Corporation/Company) A oriz ture/Title Title Date On — O before me, D CL ,Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(&) whose name(-&) is/are subscribed to the within instrument and acknowledged to me that hek%heA4ey executed the same in his/her/their authorized capacity(, and that by his their signature( on the instrument the person(&}, 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. ' fi (SEAL) otagPublrii and for said State STELLA GRIGOLL Comm.# 1870��`i4' { � NOTARY PUBLIC -CALIFORNIA 4z My Commission Expires: `�': �� (O �� V�� c�' LOS ANGELES COUNTY, ✓4 ..... PAY Comm, EXP. Nov. 6, 20'3 � 3.wvaa.wa. ,cro�,t�-,.,yo.+•.r 20 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2009-2010 SIDEWALK, CURB & GUTTER RECONSTRUCTION Contract No. 4189 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 21 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2009-2010 SIDEWALK, CURB & GUTTER RECONSTRUCTION Contract No. 4189 CONTRACT THIS AGREEMENT, entered into this L4— day of q, 2010, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Grigolla & Sons Construction Co., Inc., a California corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: 2009-2010 SIDEWALK, CURB & GUTTER RECONSTRUCTION The majority of the work necessary for the completion of this contract consists of removing existing sidewalk, curb and gutter, driveway approaches, access ramps, medians, root removal/pruning, constructing new PCC sidewalk, curb and gutter, driveway approaches, access ramps, medians, installing new tree root barriers per City standards, and other incidental items of work. 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, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 4189, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents"). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 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 Three Hundred Two Thousand, Fifty and 00/100 Dollars ($302,050.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 et seq.). E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: .WHO City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Fong Tse, P.E. (949) 644-3321 CONTRACTOR Grigolla & Sons Construction Co., Inc. P.O. Box 949 Azusa, CA 91702 626-334-6634 626-334-5591 Fax F. 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 Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. 1. Certificates of Insurance. Contractor shall provide original certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this contract. 23 City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 2. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. 3. 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. 4. Coverage Requirements. a. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non-payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. b. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. c. Automobile Liability Coverage. 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 Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. 5. Deductibles and Self -Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees and 24 volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its 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; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. 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. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification/hold harmless provision contained in this Contract. vi. The insurer shall agree to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. b) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. 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 agreement. 25 All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 7. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 8. Right to Stop Work for Non -Compliance City shall have the right to direct the Contractor to stop work under this Agreement and/or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. 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. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the active negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. 26 H. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. I. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. J. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: CITY OF NEWPORT BEACH A Municipal Corporation r NEWS CITY CLERK .. ` ,. i : 'i � Mayor 100, Urn APPROVED AS TO FORM: <lfioRN�P Grigolla & Sons ction Co., Inc. By: ynett e Jam (Corporat ffi er) Assistant City y Title: a ✓` h J Print Name:VA%./; ID Gd Ia?'f e By: (Finac I icer) Title: �j¢.C�Po,!'h Print Name: �r" ' Please note: Corporations must complete and sign both places above even if each office is held by the same individual 27 From: Bolton Certificate Processing At: Bolton & Company FaxID: Bolton and Company To: Attn: Fong Tse Date: 1/23/2010 11:26 PM Page: 1 of 3 AcoRO® CERTIFICATE OF LIABILITY INSURANCE OP ID P1 DATE (MM/DD/YYYY) `.•�� GRIGO-1 01/22/10 PRODUCER Bolton & Company THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CA License #0008309 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 245 S. Los Robles Ave, Ste 105 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Pasadena CA 91101 Phone: 626-799-7000 Fax: 626-441-3233 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Soottadale Insurance company B: Peerless Insurance Company & Sons Construction INSURER C: National Union Fixe Ina. Co. Inc.INSURER CoGrigo . P . O, Inc . Box 94 9 Azusa CA 91702-0949 INSURER D: INSURER E: 05/19/09 LR9'Iq:r!TC1q'I THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. AuL)LTR INSR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YYYY) DATE (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1, 000, 000. A X X COMMERCIAL GENERAL LIABILITY CLAIMS MADE [i] OCCUR BCS0019780 05/19/09 05/19/10 PREMISES(Fa occurence) $ 100, 000. MED EXP (Any one person) $ Excluded PERSONAL R ADV INJURY $ 1, 000, 000. GENERAL AGGREGATE $ 2, 000, 000. GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2, 000, 000. POLICY X PRO- JECT LOC B AUTOMOBILE X LIABILITY ANY AUTO BA8276879 05/19/09 05/19/10 COMBINED SINGLE LIMIT $ 1 000 000. (Ea accident) r r ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Per person) X X HIRED AUTOS NON -OWNED AUTOS BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT EA ACC $ THAN I ANY AUTO EOTHER AUTO ONLY: AGG $ C EXCESS I UMBRELLA LIABILITY X OCCUR ❑ CLAIMSMADE BE027726746 05/19/09 05/19/10 EACH OCCURRENCE $ 1, 000, 000. AGGREGATE $ 1, 000, 000. $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION- AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNERiEXECUTIV OFFICER/MEMBER EXCLUDED? (Mandatory In NH) It yes, describe under SPECIAL PROVISIONS below TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E -L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS Job: Parking Meterposts & Footing Project., Newport Beach, CA - Various locations. City of Newport Beach is named GL Blanket Additional Insured per CG2033 07/04 attached, only if required by written contract/agreement. GL Primary Wording applies. *Except 10 days notice for cancellation for non-payment of premium, @ t;hK I II-JUAI t HULLIhK CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION NEWPOR4 DATE THEREOF, THE ISSUING INSURER WILL ENDEA" JOR TO MAIL 30* DAYS WRRTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FA,11=164FIETO 00 60 Si MA66 City of Newport Beach ,...,,,..E \Il. GBEI. T e ,.., , ."e11.F., OF ANY .,....,11.,,,.1 T1.E ITS AGENTS OR Attn : Fong Tse ����� vV� 1.� VVL1��' INSURER, 3300 Newport Blvd. AU�THORREB- REPRESENTATIVE l Newport Beach, CA 92663 �, i, r✓l ACORD 25 (2009/01) LA c ACORn CORPORATION All rinhic rncr+rvprl The ACORD name and logo are registered marks of ACORD From: Bolton Certificate Processing At: Bolton & Comnany FaxlD: Bolton and Company To: Attn: Fong Tse Date: 1/23/2010 11:26 PM Page: 2 of 3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/01) From: Bolton Certificate Processing At: Bolton & Comnany FaxlD: Bolton and Company To: Attn: Fong Tse Date: 1/23/2010 11:26 PM Page: 3 of 3 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any person or or- ganization for whom you are performing opera- tions when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with re- spect to liability for "bodily injury", "property dam- age" 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. A person's or organization's status as an addi- tional insured under this endorsement ends when your operations for that additional insured are completed. CG 20 33 07 04 B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to: 1. "Bodily injury", 'property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including.- a. ncluding:a. The preparing, approving, or failing to pre- pare ro-pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury" or "property damage" occurring after; a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sureds) at the location of the covered ©perations has been completed; or b. 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 subcon- tractor engaged in performing operations for a principal as a part of the same project. Q ISO Properties, Inc., 2004 Agents Copy Page 1 of 1 11 COMMERCIAL AUTO GOLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION II — LIABILITY COVERAGE A. COVERAGE 1. WHO IS AN INSURED The following is added: d. Any organization, other than a partnership or joint venture, over which you maintain ownership or a majority interest on the effective date of this Coverage Form, if there is no similar insurance available to that organization. e. Any organization you newly acquire or form other than a partnership or joint venture, and over which you maintain ownership of a majority interest. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; or (2) To "bodily injury' or "property damage" that occurred before you acquired or formed the organization. f. Any volunteer or employee of yours while using a covered "auto' you do not own, hire or borrow in your business or your personal affairs. Insurance provided by this endorsement is excess over any other insurance available to any volunteer or employee. g. Any person, organization, trustee, estate or governmental entity with respect to the operation, maintenance or use of a covered "auto' by an insured, if: (1) You are obligated to add that person, organization, trustee, estate or governmental entity as an additional insured to this policy by: (a) an expressed provision of an "insured contract', or written agreement; or (b) an expressed condition of a written permit issued to you by a governmental or public authority. (2) The "bodily injury" or "property damage" is caused by an "accident' which takes place after: (a) You executed the "insured contract' or written agreement; or (b) the permit has been issued to you. 2. COVERAGE EXTENSIONS a. Supplementary Payments Subparagraphs (2) and (4) are amended as follows: (2) Up to $2500 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident' we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "Insured" at our request, including actual loss of earning up to $500 a day because of time off from work. Includes copyrighted material of Insurance Services Offices, Inc. with its permission GECA 701 (09/04) Page 1 of 3 SECTION III — PHYSICAL DAMAGE COVERAGE A. COVERAGE The following is added: 5. Hired Auto Physical Damage a. Any "auto" you lease, hire, rent or borrow from someone other than your employees or partners or members of their household is a covered "auto" for each of your physical damage coverages. b. The most we will pay for "loss" in any one "accident' is the smallest of: (1) $50,000 (2) The actual cash value of the damaged or stolen property as of the time of the "loss; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. If you are liable for the "accident', we will also pay up to $500 per "accident' for the actual loss of use to the owner of the covered "auto". c. Our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by an amount that is equal to the amount of the largest deductible shown for any owned "auto" for that coverage. However, any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss' caused by fire or lightning. d. For this coverage, the insurance provided is primary for any covered "auto" you hire without a driver and excess over any other collectible insurance for any covered "auto" that you hire with a driver. 5. Rental Reimbursement Coverage We will pay up to $75 per day for up to 30 days, for rental reimbursement expenses incurred by you for the rental of an "auto' because of "loss' to a covered "auto". Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for a period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered "auto'. If "loss' results from the total theft of a covered "auto' of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under paragraph 4. Coverage Extension. 8. Lease Gap Coverage If a long-term leased "auto' is a covered "auto' and the lessor is named as an Additional Insured — Lessor, in the event of a total loss, we will pay your additional legal obligation to the lessor for any difference between the actual cash value of the "auto' at the time of the loss and the "outstanding balance" of the lease. "Outstanding balance" means the amount you owe on the lease at the time of loss less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; and lease termination fees. B. EXCLUSIONS The following is added to Paragraph 3: The exclusion for "loss' caused by or resulting from mechanical or electrical breakdown does not apply to the accidental discharge of an airbag. Paragraph 4 is replaced with the following: 4. We will not pay for "loss' to any of the following: a. Tapes, records, disks or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. Includes copyrighted material of Insurance Services Offices, Inc. with its permission GECA 701 (09/04) Page 2 of 3 b. Equipment designed or used for the detection or location of radar. c. Any electronic equipment that receives or transmits audio, visual or data signals. Exclusion 4.c. does not apply to: (1) Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto"; or (2) Any other electronic equipment that is: (a) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system; or (b) An integral part of the same unit housing any sound reproducing equipment described in (1) above and permanently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. D. DEDUCTIBLE The following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. SECTION IV. — BUSINESS AUTO CONDITIONS A. LOSS CONDITIONS Item 2.a. and b. are replaced with: 2. Duties In The Event of Accident, Claim, Suit, or Loss a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the accident, claim, "suit", or loss. Knowledge of an accident, claim, "suit", or loss, by other employee(s) does not imply you also have such knowledge. b. To the extent possible, notice to us should include: (1) How, when and where the accident or loss took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the accident or loss. The following is added to 5. We waive any right of recovery we may have against any additional insured under Coverage A.1. Who Is An Insured g., but only as respects loss arising out of the operation, maintenance or use of a covered "auto" pursuant to the provisions of the "insured contract", written agreement, or permit. B. GENERAL CONDITIONS 9. is added: 9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Your unintentional failure to disclose any hazards existing at the effective date of your policy will not prejudice the coverage afforded. However, we have the right to collect additional premium for any such hazard. COMMON POLICY CONDITIONS 2.b. is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. Includes copyrighted material of Insurance Services Offices, Inc. with its permission GECA 701 (09/04) Page 3 of 3 POLICY NUMBER: BCS 0 019780 COMMERCIAL GENERAL LIABILITY CG 24 0410 93 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 SCHEDULE Name of Person or Organization: ANY PERSON OR ORGANIZATION WITH WHOM THE INSURED HAS AGREED TO WAIVE RIGHTS OF RECOVERY, PROVIDED SUCH AGREEMENT IS MADE IN WRITING AND PRIOR TO THE LOSS (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) 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 above 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 above. CG 24 0410 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 ❑ PgenYs Copy ACORD,M CERTIFICATE OF LIABILITY INSURANCE DATE IDD/YYYY) MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH 01/221/22/10 PRODUCER LIC #0551220 1-949-769-3108 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Goodman Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 114 Pacifica, Suite 430 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. LIMITS Irvine, CA 92618 INSURERS AFFORDING COVERAGE NAIC # INSURED Grigolla & Sons Construction Cc Inc. INSURERA:TOWER SELECT INSURANCE COMPANY INSURER B: EACH OCCURRENCE $ PO Box 949 INSURER C: INSURER D: Azusa, CA 91702 INSURER E: Welyj =1C7e[!i =6N THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADDT INSRO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM DD Y POLICY EXPIRATION DATE MM/DDIYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Eaoccurence $ MED EXP (Any one person) $ CLAIMS MADE E OCCUR PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ POLICY PRO LOC JECT AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT $ (Ea accident) BODILY INJURY $ (Per person) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON-OWNEDAUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY -EAACCIDENT $ OTHER THAN EAACC $ ANY AUTO AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR CLAIMS MADE $ DEDUCTIBLE $ RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ART ANY PROPRIETOR/PARTNER/EXECUTIVE WD9331094509 10/01/09 10/01/10 X WCSTOTH- TORY LIMITMITS ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 OFFICER/MEMBER EXCLUDED? X If yes, describe under E.L. DISEASE -POLICY LIMIT $1,000,000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Blanket Work Comp Waiver WC 04 03 06 attached, where required by written contract, with regard to the following project Curb & Gutter Reconstruction, Citywide, Newport Beach CA **This certificate voids and supersedes previously issued** I.tK I IrIUA I C NULUtK GANGtLLA I ION 10 Days Notice for Non -Payment of Premium #4189/2009-2010 Sidewalk SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Newport Beach DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Attn: Fong Tse 3300 Newport Blvd IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR PO BOX 1768 REPRESENTATIVES. Newport Beach, CA 92663 USA AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) skim ©ACORD CORPORATION 1988 14258106 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT— CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you per- form work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be otherwise due on such remuneration. Person or Organization BLANKET WAIVER OF SUBROGATION 2 . 0 0 % of the California workers' compensation premium Schedule Job Description ALL JOBS This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Date: 10 / 01 / 2 0 0 9 Policy No. WD 9 - 3 310 9 4 5 - 0 9 Endorsement No. 001 Policy Effective Date: 10/01/2009 to 1010112010 Premium $ insured: Grigolla & Sons Construction Co., Inc. DBA: Carrier Name/ Code: Tower Select Insurance Company Countersigned by WC 04 03 06 (Ed. 4-84) Page 1 of 1 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 01/20/2010 Date Completed: 01/20/2010 Sent to Company/Person required to have certificate: Dept./Contact Received From: Shauna Oyler Shauna Oyler By: Grigolla & Sons Revised GENERAL LIABILITY A. INSURANCE COMPANY: Scottsdale Insurance Co. B. AM BEST RATING (A: VII or greater): "A+"(XV) C. ADMITTED Company (Must be California Admitted): Michelle Ross II. AUTOMOBILE LIABILITY Is Company admitted in California? ❑ Yes ® No B. $1,000,000 plus D. LIMITS (Must be $1 M or greater): What is limit provided? $1,000,000 Umbrella E. PRODUCTS AND COMPLETED OPERATIONS (Must ® Yes ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM, $2M include): Is it included? (Completed Operations status does min for Waste Haulers): $1,000,000 plus not apply to Waste Haulers) ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The officers, officials, employees and volunteers) :Is it included? City its officers, officials, employees and volunteers): Is it F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste included? ® Yes ❑ No G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires included): Is it included? ® Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Peerless Insurance Co. B. AM BEST RATING (A: VII or greater) "A"(XV) C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): $1,000,000 plus What is limits provided? $1,000,000 Umbrella E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers) :Is it included? ® Yes ❑ No F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: No WC Info. provided. B. AM BEST RATING (A: VII or greater): C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it includedt ❑ Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? GL) Scottsdale Ins. Co. is a non -admitted carrier WC) All WC info is missinq. Ed. 8 2009 ■� Woul Check a License or Home Impr�-. �ement Salesperson (HIS) Registration - 'contractors Stat... Page 1 of 1 Contractor's License Detail - License # 514132 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071.17, only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number: 514132 Extract Date: 01/07/2010 GRIGOLLA & SONS CONSTRUCTION CO INC Business Information: P O BOX 949 AZUSA, CA 91702 Business Phone Number: (626) 334-6634 Entity: Corporation Issue Date: 07/13/1987 Expire Date: 07/31/2011 License Status: This license is current and active. All information below should be reviewed. CLASS DESCRIPTION Classifications: A GENERAL ENGINEERING CONTRACTOR CONTRACTOR'S BOND This license filed Contractor's Bond number 100087570 in the amount of $12,500 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date: 07/31/2009 Contractor's Bonding History Bonding: - BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) DAVID LOPEZ GRIGOLLA certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 11/03/2009 BQI's_Bonding History This license has workers compensation insurance with the TOWER SELECT INSURANCE COMPANY Policy Number: WD9331094509 Workers' Compensation: Effective Date: 10/01/2009 Expire Date: 10/01/2010 Workers' Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. Conditions of Use I Privacy Policy Copyright © 2009 State of California https://www2.cslb.ca.gov/OnlineServices/CheckLicense/LicenseDetail.asp?LicNum=514... 01/07/2010 Cust Encompass Detail Acct. Type: Business Tax License #: BT30026507 Bus. ID: 0056310 Name: GRIGOLLA & SONS CONST CO Owner Name: DAVID GRIGOLLA Owner Phone: 626-945-2974 Owner Type: C Exp. Date: 1/31/2010 S Addy: 947 W GLADSTONE AVE S Addy 2: Addr3: AZUSA CA Zip: 91702 B Addr1: PO BOX 949 B Addr2: B Addr3: AZUSA, CA B Zip: 91702 Phone: 626-334-6634 FEIN: 4608 SEIN: 156218 Established: 1/19/2009 SIC: 1771 -CONCRETE WORK Owner M 0056310 # of Emps: 0 usr1: 1177 usr2: usr3: usr4: usr5: usr6: 41586586 usr7: Emergency Contact Info Contact: DAVID GRIGOLLA Phone: 626-945-2974 Page 1 of 1 http://apps.citynet.newportbeachca.govhnasterid/ENC_detal1.asp?EID=BT30026507 01/07/2010 California Business Search Page 1 of 1 �40 bEBRA BOWF-N DISCLAIMER: The information displayed here is current as of JAN 01, 2010 and is updated weekly. It is not a complete or certified record of the Corporation. Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. http://kepler.ss.ca.gov/corpdata/ShowAIlList?QueryCorpNumber=CI343910&printer=yes 01/07/2010 Corporation GRIGOLLA & SONS CONSTRUCTION CO., INC. Number: C 13 43 910 Date Filed: 6/28/1985 Status: active Jurisdiction: California Address PO BOX 949 AZUSA, CA 91702 Agent for Service of Process JOHN L GRIGOLLA 2256 SHADY OAKS RD GLENDORA, CA 91741 Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. http://kepler.ss.ca.gov/corpdata/ShowAIlList?QueryCorpNumber=CI343910&printer=yes 01/07/2010 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL 2009-2010 SIDEWALK, CURB & GUTTER RECONSTRUCTION PROJECT CONTRACT NO. 4189 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. 4189 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization 2 3 Dollars �Q and Cents Per Lump Sum Lump Sum Traffic Control (� Dollars and Cents Per Lump Sum 25 Each Replace Existing Electrical Pull Box and Cover (Std. -204-L) @���k Dollars and �© Cents Per Each PR2of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE E 5. 16,000 S.F. Remove and Reconstruct Minimum 4 -Inch Thick PCC Sidewalk @ lC Dollars and no Cents $ $ C1 Per Square Foot 4,200 L.F. Remove and Reconstruct Type "A" PCC Curb and Gutter @ Dollars and Ac? Cents Per Linear Foot 6. 1,200 S.F. Remove and Reconstruct PCC Driveway Approach VA 0 @ Sever Dollars and Cents Per Square Foot 150 Each Prune Tree Root and Install Root Barrier @and Dollars m a V�(O Cts $ ��� �J $ �—, ��° Per Each 21 Each Remove and Construct Curb Access Ramp @ 0�"`Dollars and VN) Cents $ 1 -161-, $ Per Each T PR3of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 9. 2,000 S.F. Remove and Reconstruct Existing PCC Cross Gutter @ Dollars and Ino Cents $ �, $ c9DD �o Per Square Foot TOTAL PRICE IN WRITTEN WORDS and T\0 Cents I-�--1� Date �ar,.- 3-3`f-(,G3`t oFf-;c--e- Dollars Total Price (Figures) Grip& do Sorin Const. Co. INC. Bidder Bidder's Telephone and Fax Numbers idder's Auth Sign ture and Title ►� 3� A Qev%en.J f„�►�� ln,®. R°i�f`� , A CA. T ?oa Bidder's License No(s). Bidder's Address and Classification(s) Bidder's email address: i oma; n (;�:> , a 1', CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of: California County of: _4D6 Angeles On ^%— (n before me, <4�/,OL 4�17`q �.�, //a771! -X Pyii C, (name and title of the officer) personally appeared �'i D 6-;� r tl who proved to me on the basis of satisfactory evidence to be the person (4 whose name($) is/ale subscribed to the within instrument and acknowledged to me that he/sb&A y executed the same in his/he4th,E4 authorized capacity (a.&ss), and that by his/badtheir signature( on the instrument the persono, 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 Capacity Claimed by Signer(s) ❑ Individual(s) Corpora e Officer A� Right Thumbprint of SiRtier ❑ Partner ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 1 1 °t Jir f m)' Cot,is,. E,',. Ncv. 6, 2013 Sig tuFe of Notary P4Wc (Notary Seal) •OPTIONAL INFORMATION— Infonnation below is NOT required by law however may deter fraudulent removal of this form. Description of Attached Document Number of Pages 'Z;�Q_ Document Date: 1_(v -Ic> Capacity Claimed by Signer(s) ❑ Individual(s) Corpora e Officer A� Right Thumbprint of SiRtier ❑ Partner ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other Title or type of document Additional information 1 1 2 ir: 2 2 2 2 2 2 2 3 3 3 3 3 3 3 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS 2009-2010 SIDEWALK, CURB & GUTTER RECONSTRUCTION CONTRACT NO. 4189 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 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6-7 TIME OF COMPLETION 6-7.1 General 1 1 2 ir: 2 2 2 2 2 2 2 3 3 3 3 3 3 3 4 4 6-7.2 Working Days 4 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 7-8.6 Water Pollution Control 6 7-8.6.1 Best Management Practices and Monitory 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 8 7-15 CONTRACTOR LICENSES 9 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS 9 SECTION 9 MEASUREMENT AND PAYMENT 9 9-3 PAYMENT 9 9-3.1 General 9 9-3.2 Partial and Final Payment 11 PART 2 ---CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 11 201-1 PORTLAND CEMENT CONCRETE 11 201-1.1.2 Concrete Specified by Class 11 201-2 REINFORCEMENT FOR CONCRETE 12 201-2.2.1 Reinforcing Steel 12 PART 3 ---CONSTRUCTION METHODS SECTION 300 EARTHWORK 12 300-1 CLEARING AND GRUBBING 12 300-1.3 Removal and Disposal of Materials 12 300-1.3.1 General 12 300-1.3.2 Requirements 12 300-1.5 Solid Waste Diversion 12 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 13 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 13 303-5.1 Requirements 13 303-5.1.1 General 13 303-5.5 Finishing 14 303-5.5.1 General 14 303-5.5.2 Curb 14 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 14 308-1 GENERAL 14 SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400-2 UNTREATED BASE 16 400-2.1 General 16 400-2.1.1 Requirements 16 WORK SCHEDULE SP 1 OF 16 CITY OF NEWPORT BEACH�� PUBLIC WORKS DEPARTMENT No. SPECIAL PROVISIONS 2009-2010 SIDEWALK. CURB & GUTTER RECONSTRU CONTRACT NO. 4189 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 majority of the work necessary for the completion of this contract consists of removing existing sidewalk, curb and gutter, access ramps, root removal/pruning, constructing new PCC sidewalk, curb and gutter, access ramps, installing new tree root barriers per City standards, restoring private improvements impacted by the work, and other incidental items of work." 2-9 SURVEYING 2-9.3 Survey Service. Add to this section: "The filing of a Corner Record and/or a Record of Survey with the County Surveyor's Office is required after the completion of Work. Prior to any demolition Work the Contractor shall prepare and submit the Corner Records for review by the City a minimum of three (3) working days before the anticipated Work. SP 2 OF 16 Existing street centerline ties and property corner monuments and off -sets are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work." 2-9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. SECTION 3 ---CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............................................ 20 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $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 SP3OF16 the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 ---UTILITIES 5-1 LOCATION. Add the following after the 3rd paragraph: "Within one (1) 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 an existing electrical 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, regulator vaults, valve vaults and survey monuments. The Contractor will be required to contact Southern California Edison, The Gas Company, A T & 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. Where encountered, 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.' SP 4 OF 16 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. 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." 6-7 TIME OF COMPLETION 6-7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 75 consecutive working days after the date on the Notice to Proceed. In addition the Contractor shall complete all work in the areas shown below within the time indicated for each area. Failure to complete all work, or the work in the designated areas, within the allotted time will result in liquidated damages being assessed. WORK ZONE ALLOTED TIME Anniversary Tract The Bluffs E. Santa Ana Heights 15 Working days 30 Working days 30 Working days The Contractor will not be allowed to move to the next work zone until the current work zone has been completed to the satisfaction of the Engineer, including damage repair. The Engineer will issue a "written go ahead" to the Contractor prior to allowing the Contractor to proceed to the next 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." 6-7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1St (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 24tH (Christmas Eve), December 25th (Christmas), and December 31St (New Year's Eve). If January 1st, July 4th, November 11th, December 24th, December 25th or December 31st falls on a Sunday, the following Monday is a holiday. If January 1St, July 4th SP 5 OF 16 November 11th December 24th December 25th or December 31st falls on a Saturday, the Friday before is a holiday." 6-7.4 Working Hours. Normal working hours are limited to 8:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $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 Agency and Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR 7-7 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 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 SP 6 OF 16 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." 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 http://www.city.newport- beach.ca.us/pubworks/links.htm." 7-8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following.- a. ollowing: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. SP 7 OF 16 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7-10.3)." 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 licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detour plans shall meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. SP8OF 16 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners." 5. Type II barricades shall be located at the beginning and end of each individual closed sidewalk 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 available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7-10.7 Notices to Residents. The Contractor shall deliver a construction notice to residents 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 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, SP 9 OF 16 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 a "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. 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: Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan and construction schedule, photographing 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 delivering all required notifications, posting signs and all costs incurred notifying residents. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flag persons, changeable message board. 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 Electrical Pull Box and Cover: Work under this item shall include the cost to remove and dispose of the existing and install new traffic grade pull box and cover; reconnect existing street light wirings within the pull box; repair all wiring; and complete all other items as required to restore electrical system operations SP 10 OF 16 that were damaged by the work. The City of Newport Beach does not allow the splicing of wiring between pull boxes and a complete and continuous run between pull boxes will be required. (See CNB Std. -204-L & 205-L.) This work item is not currently listed on the Work Schedule. Past experience on similar projects, however, suggest this work item will likely be encountered in the field. In the event that this work item is not needed for contract completion, this work item will be deleted from the Contract and no compensation shall be made to the Contractor. Item No. 4 Remove and Reconstruct minimum 4 -Inch Thick P.C.C. Sidewalk: Work under this item shall include removing and disposing of the existing sidewalk, subgrade compaction, constructing the minimum 4 -inch thick P.C.C. sidewalk, 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 existing before the work began 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. Item No. 5 Remove and Construct Type "A" P.C.C. Curb and Gutter: Work under this item shall include removing and disposing of the existing curb and gutter, compacting subgrade, reconstructing curb openings of existing curb drains, constructing Type "A" P.C.C. curb and gutter per City Standard STD -182-L, AC patch back, 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 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 existing before the work began 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. Item No. 6 Remove and Reconstruct P.C.C. Driveway Approach: Work under this item shall include removing existing improvements and constructing P.C.C. driveway approach, AC patch back, steel plating as needed to provide access to garage 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, mailboxes, sod, and other private improvements existing before the work began 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. This work item is not currently listed on the Work Schedule. Past experience on similar projects, however, suggest this work item will likely be encountered in the field. In the event that this work item is not needed for contract completion, this work item will be deleted from the Contract and no compensation shall be made to the Contractor. SP 11 OF 16 Item No. 7 Prune Tree Root and Install Root Barrier: Work under this item shall include field review of each scheduled tree with the City Urban Forester, root pruning and disposal, providing and installing root barriers, removal and disposal of excess soil, 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. Item No. 8 Remove and Construct PCC Curb Access Ramp: Work under this item shall include removing existing improvements, subgrade import and compaction, and constructing P.C.C. Curb Access Ramp, including detectable warning surfaces, retaining curbs, AC patch back, curb painting, grooving, 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 Contract shall have inspected the locations where new access ramps are to be installed and the unit price bid shall apply to all Cases required. Item No. 9 Remove and Reconstruct Existing PCC Cross Gutter: Work under this item shall include removing and disposing of the existing undesirable cross gutter section(s), subgrade compaction, constructing the replacement sections and dowel same to the adjacent sections per City Standard Plans, and all other work items as required to complete the work in place. This work item is not currently listed on the Work Schedule. Past experience on similar projects, however, suggest this work item will likely be encountered in the field. In the event that this work item is not needed for contract completion, this work item will be deleted from the Contract and no compensation shall be made to the Contractor. 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." SP 12 OF 16 201-2 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." PART 3 CONSTRUCTION METHODS SECTION 300 ---EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials Add to this Section: "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: http://www.city.newport-beach.ca.us/GSV/Frachised Haulers.htm." 300-1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300-1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth 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. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. Approximate area of removal and replacement is100 square feet." 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-'/2 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. SP 13 OF 16 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: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfilled or patched -back, such as driveway approaches, within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi. 1. Driveway approaches shall be reconstructed and open for use within three calendar workdays after the commencement of driveway approach removal. The approaches must be available for use over weekends and Holidays. 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 can be obtained. 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. All curb and gutter shall be constructed on top of 10 inches of 95 percent relative compacted subgrade. 5. Reconstructed sidewalk and curb access ramps shall be opened to public use on the day following concrete placement. 6. All forms shall be removed, irrigation systems shall be repaired, and backfill or patch -back shall be placed within 72 hours following concrete placement. 7. All damaged private improvements shall be repaired in-kind to the satisfaction of the respective owner within 72 hours of reconstructed work. 8. 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 SP 14 OF 16 3,000 psi. The Contractor shall detour traffic around such work until the work is ready for public use. 9. 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. and brick 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 "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718- 3402." SECTION 308 ---LANDSCAPE AND IRRIGATION INSTALLATION 308-1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall submit recommendations to the City's Urban Forrester for review for safely pruning and removing tree roots. No roots shall be pruned or removed unless this submittal is returned to the Contractor as satisfactory. Prior to the submittal, the Contractor 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. Prior to the on-site meeting the Contractor shall remove any improvements and expose the roots for review. The submittal shall adhere to the following guidelines. 1. Root Pruning 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. SP 15 OF 16 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. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre -approved by the City's Urban Forester. Notification and scheduled on site meeting with the Urban Forester shall be made with the concrete panel removed. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. If there is a conflict with the remaining roots and concrete installation, a meeting must be held between all involved to determine the appropriate solution. 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." SP 16 OF 16 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." WORK SCHEDULE AREA -Anniversary Tract 2009-2010 SIDEWALK REPLACEMENT CONTRACT SCHEDULE LOCATION NO. STREET NAME& NO. SIDEWALK S .FT. C & G LF. I RED I ACCESS PAINT RAMP I ROOT I DRIVEWAY Cross PRUNING APPROCH SF Gutter SF 2916 Irvine Ave on Anniversary Ln 40 16 Anniversary Ln & Paper Ln 2 2927 Paper Ln 48 1 2919 Paper Ln 100 1 140 2911 Paper Ln 60 12 60 2905 Paper Ln 48 12 1 2900 Paper Ln 18 28 2401 Anniversary Ln 160 2 Anniversary Ln & Silver Ln 2 2917 Silver Ln 60 21 13 1 2909 Silver Ln 48 15 2 2900 Silver Ln 48 1 2908 Silver Ln 16 80 1 100 2303 Anniversary Ln on Silver Ln 80 3 2301 Anniversary Ln 60 1 Anniversary Ln & Golden Cir 2 2301 Anniversary Ln on Golden Cir 48 1 2291 Golden Cir 200 2 2275 Golden Cir 85 2 2269 Golden Cir 64 1 2253 Golden Cir 160 3 2245 Golden Cir 18 1 2231 Golden Cir 12 2223 Golden Cir 32 1 64 1 2207 Golden Cir 48 65 1 65 2149 Anniversary Ln on Golden Cir 32 2201 Anniversary Ln on Golden Cir 64 64 2230 Golden Cir 100 1 2250 Golden Cir 21 1 2260 Golden Cir 18 27 1 2207 Anniversary Ln 100 2139 Anniversary Ln 60 2131 Anniversary Ln 100 33 1 80 30 2115 Anniversary Ln 60 200 2101 Anniversary Ln 60 60 1 Page 1 Page 2 =111HIMERIMININIERWALP =.-Sur, • ®-_-©-- -_-0-- =btn.®-_-©-- btn. Vista Madera & Vista del Sol - btn. Vista del Sol1 -_-�-- - • Roma 11 -_-�-- Page 2 I I I I I - • Vista del OroM --_---- btn. Vista del Sol & Vista Grande Mb-Fn--Vista Grande & Vista Grande Mb -fn --Vista Grande & Vista Entrada M-fftn. Vista Entrada & Vista Encina M btn. Vista Esplanade & Vista Entrada - • . • . i Vista CaudalMin. Vista del Wiro at Vista Caudal �btn. Vista Caudal & Vista Caudal Page 3 Page 4 Wbtn. Hidalgo & Vista Laredo 1 -_---- - btn. Vista Laredo & Vista Laredo ' 1 -_---- IDtn. Vista Laredo &-VistaGajon -_---- btn. Vista Cajon & Vista Dorado -_---- Page 4 AREA -The Bluffs 2009-2010 SIDEWALK REPLACEMENT CONTRACT SCHEDULE LOCATION NO. STREET NAME& NO. SIDEWALK S .FT. C & G LF. RED PAINT ACCESS RAMP ROOT DRIVEWAY Cross PRUNING APPROCH SF Gutter btn. Vista Flora & Vista Flora 140 100 1 65 1 65 1 65 1 65 1 125 1 100 1 100 1 s/b Mar Vista btn. Vista del Oro & Vista Bonita 40 10 1 btn. Vista Bonita & Domingo Dr 160 33 1 65 1 125 125 75 1 75 1 33 1 65 1 15 12 300 2 btn. Domingo Dr & Domingo Dr 90 1 65 1 50 90 1 140 1 20 20 1 18 18 1 21 21 1 btn. Domingo Dr & Eastbluff Dr 65 100 1 n/b Mar Vista btn. Eastbluff Dr & Vista del Oro 160 40 25 50 1 165 1 165 1 140 1 110 1 Curb Access Ramps Vista Del Oro at Vista Suerte (West) 2 Vista Del Oro at Vista Surete (East) 2 Vista Del Oro at Vista Ornada 2 Vista Del Oro at Perla 2 Vista Del Oro at Quedada 2 Page 5 AREA - E. Santa Ana Heights 2009-2010 SIDEWALK REPLACEMENT CONTRACT SCHEDULE LOCATION NO. STREET NAME& NO. SIDEWALK C & G RED ACCESS ROOT DRIVEWAY Cross S .FT. LF. PAINT RAMP PRUNING APPROCH SF Gutter 2611 Mesa Dr 18 20452 Bayview Ave 18 20442 Bayview Ave 25 20422 Bayview Ave 10 20402 Bayview Ave 14 20382 Bayview Ave 18 20372 Bayview Ave 27 20362 Bayview Ave 75 20352 Ba view Ave 15 20342 Bayview Ave 36 20332 Bayview Ave 36 20312 Bayview Ave 36 20272 Bayview Ave 57 48 20252 Bayview Ave 60 20212 Bayview Ave 45 20152 Bayview Ave 10 20142 Bayview Ave 12 20132 Bayview Ave 15 20122 Bayview Ave 42 20112 Bayview Ave 33 20102 Bayview Ave 15 20082 Bayview Ave 66 20072 Bayview Ave 54 20062 Bayview Ave 30 2452 Zenith Ave on Ba view Ave 45 20111 Bayview Ave 51 20151 Bayview Ave 36 20191 Bayview Ave 21 20211 Bayview Ave 9 20251 Bayview Ave 18 20261 Bayview Ave 63 20271 Bayview Ave 36 2431 Azure Ave on Bayview Ave 68 21 2430 Azure Ave on Bayview Ave 27 20371 Bayview Ave 62 20391 Bayview Ave 8 12 20411 Bayview Ave 12 30 20421 Bayview Ave 24 20441 Bayview Ave 10 21 20451 Bayview Ave 33 20461 Bayview Ave 18 2431 Mesa Dr on Bayview Ave 18 2431 Mesa Dr 7 2452 Zenith Ave 20 2432 Zenith Ave 15 2422 Zenith Ave L 42 Page 6 AREA - E. Santa Ana Heights 2009-2010 SIDEWALK REPLACEMENT CONTRACT SCHEDULE LOCATION NO. STREET NAME& NO. SIDEWALK SQ.FT. C& G LF. RED ACCESS ROOT DRIVEWAY PAINT RAMP PRUNING APPROCH SF Cross Gutter 2412 Zenith Ave on Spruce Ave 33 Zenith Ave at Spruce Ave 40 300 140 AF 2432 Zenith Ave 195 36 2424 Bristol St on Spruce St 1 20142 Spruce St 50 20162 Spruce St 66 20182 Spruce St 10 20232 Spruce St 18 20242 Spruce St 15 20272 Spruce St 27 2 20292 Spruce St 43 20291 Spruce St 10 20261 Spruce St 18 20162 Spruce St 60 2382 Zenith Ave 27 AF 2372 Zenith Ave 12 2342 Zenith Ave on Orchid St 42 140 20092 Orchid St 33 20102 Orchid St 27 20172 Orchid St 24 20182 Orchid St 30 20202 Orchid St 12 20222 Orchid St 33 20232 Orchid St 15 20272 Orchid St 37 20282 Orchid St 24 20292 Orchid St 18 2361 Azure Ave 60 2391 Azure Ave 66 2411 Azure Ave 36 2382 Azure Ave 38 2372 Azure Ave 66 2362 Azure Ave 12 2352 Azure Ave 51 2342 Azure Ave 33 2332 Azure Ave 18 2322 Azure Ave 44 20321 Orchid St 21 20301 Orchid St 18 20281 Orchid St 9 Orchid St at Orchard St 80 500 20231 Orchid St 45 20221 Orchid St 63 20211 Orchid St 56 20151 Orchid St 26 20111 Orchid St 24 20091 Orchid St 15 20081 Orchid St 23 20061 Orchid St 8 20051 Orchid St 30 Page 7 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 14 January 26, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Fong Tse, Principal Civil Engineer 949-644-3321 or ftse@newportbeachca.gov SUBJECT: SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM - 2009-2010 - AWARD OF CONTRACT NO. 4189 Recommendations: 1. Approve the project plans and specifications. 2. Award Contract No. 4189 to Grigolla & Son's Construction Co., Inc. for the Total Bid Price of $302,050.00 and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $75,450.00 (25% of Total Bid) to cover the cost of unforeseen and unscheduled additional work. Discussion: At 10:00 AM on January 7, 2010, the City Clerk opened and read the following bids for this project: BIDDER Low Grigolla & Son's Construction, Co., 2 CJ Concrete Construction, Inc. 3 Golden State Constructors, Inc. 4 Tal Cal Engineering, Inc. 5 Nobest, Inc. 6 All American Asphalt 7 Elite Bobcat Service, Inc. 8 Hillcrest Contracting, Inc. 9 Kalban, Inc. TOTAL BID AMOUNT Inc. $302,050.00 $307,900.00 $311,075.00 $345,777.00 $349,000.00 $414,144.00 $428,000.00 $478,895.00 $513,089.60 The low total bid amount is thirty percent (30%) below the Engineer's Estimate of $430,000. While the current competitive construction market most likely contributed to the disparity between the received bids and staffs cost estimate which was developed based on the unit prices received for last year's annual project, three of the four low bidders for this project expressed their desire to work for the City again. The low bidder, Grigolla & Son's (Grigolla), possesses a California State Contractor's License Classification "A" as 2009-10 Sidewalk, Curb & Gutter Replacement Program — Award of Contract No. 4189 January 26, 2010 Page: 2 required by the project specifications and has been in the concrete construction business for more than five decades. Because of their attention to details, customer service, and professionalism, their work on our 2008-2009 Sidewalk, Curb & Gutter Replacement Project generated the lowest complaint rate Public Works and General Services staffs have experienced in many years. In addition, staff received "Thank You" and "Commendation" letters from residents whose property frontages were reconstructed by Grigolla. This project consists of reconstructing existing sidewalk, curb and gutter, curb returns to install access ramps, root removals/prunings, and installing new tree root barriers per City standards within the Anniversary Tract, the Bluffs, and the East Santa Ana Heights communities. Pursuant to the Contract Specifications, Grigolla & Sons will have one hundred consecutive working days to complete the construction. Liquidated damages in the amount of $500 per calendar day will be assessed if Grigolla fails to complete the construction within the allotted time. Instead of a ten percent (10%) construction contingency, staff recommends a twenty-five percent (25%) contingency to be included in the contract award to take advantage of the low unit prices to perform additional work ahead of schedule. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 (Replacement or Reconstruction) of the CEQA Implementation Guidelines. This Exemption covers the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work, two City prepared notices will be distributed by the contractor to the nearby residents. The first notice will be distributed ten days before starting work and the second notice 48 hours prior to starting work. Other Costs: In addition to the contract costs, $2,500 is included for printing and other incidentals. Surveying, geotechnical engineering, and consultant inspection services are not required for this project. 2009-10 Sidewalk, Curb & Gutter Replacement Program — Award of Contract No. 4189 January 26, 2010 Page: 3 Funding Availability: There are sufficient funds available in the following account for the project: Account Description General Fund AD 99 — Street Rehabilitation Proposed uses are as follows: Vendor Grigolia & Son's Construction, Co., Inc. Grigolla & Son's Construction, Co., Inc. Various Prepared by: Civil Engineer Attachment: Location Map Account Number 7013-C2001009 74099-9804 Amount $ $365,000.00 $ 15, 000.00 $380,000,00 Purpose Construction Contract Construction Contingency Printing and Incidentals Total: Submitted by: Amount $ 302,050.00 $ 75,450.00 $ 2,500.00 $ 380,000.00 tephe G. Badum Public Works Director ANNIVERSARY TRACT EAST SANTA ANA HEIGHTS THE BLUFFS O � Y O ORO 6 O LOCATION MAP NOTTO2009-2010 SIDEWALK; CURB &GUTTER RECONSTRUCTION C-4189