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HomeMy WebLinkAboutC-3234 - Ocean Front Street Ends from 60th Street to Lugonia StreetCTI, OF NEWPORT BEACH August 8, 2001 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (949) 644 -3005 JDC, Inc. Attn: James De Armond P.O. Box 3448 Rancho Cucamonga, CA 91729 Subject: Ocean Front Street End Improvements: 60th, 62nd, Cedar, Walnut and Lugonia Streets (C -3317) Dear Mr. De Armond: On August 8, 2001, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on September 15, 2000. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 8084570. Enclosed is the Faithful Performance Bond. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk LH:lib cc: Public Works Department enclosure 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 6443005 September 15, 2000 JDC, Inc. James De Armond P. O. Box 3448 Rancho Cucamonga, CA 91729 Subject: Ocean Front Street End Improvements, 60th, 62nd, Cedar, Walnut, and Lugonia Streets (C -3234) To Whom It May Concern: On August 8, 2000, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on August 10, 2000, Reference No. 20000418483. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 8084570. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk LH:cf cc: Public Works Department Horst Hlawaty, P.E., Construction Engineer encls. 3300 Newport Boulevard, Newport Beach RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 -- � g kbf -D' nge Recorded in Official ReccA'd_ Gary Granville, Clerk- Recorder Illlillllllllllllllllillllllllllllllilllilllll �10��(� :29 200000BO W 2 000 0.00 0.0030 00.00 0.00��Q •t°R¢ !(,F CITY CLERK C 1 ✓. ^f t i ✓f1L T nr "Exempt from recording tees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and JDC, Inc. of Rancho Cucamonga, California, as Contractor, entered into a Contract on March 14, 2000. Said Contract set forth certain improvements, as follows: Ocean Front Street End Improvements; 60' 62nd Cedar Walnut and Lugonia Streets, C -3234 Work on said Contract was completed on May 31, 2000, and was found to be acceptable on August 8, 2000, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland. :4 1 r; �. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on C Lc c �y/— /( a at Newport Beach, California. y BY E% 17), 1j-4 pp -a20-1 City Clerk ° r� vl CITY C, ITEM TO: Mayor and Members of the City Council FROM: Public Works Department �35> C -3a3`i August 8, 2000 a -82: SUBJECT: OCEAN FRONT STREET END IMPROVEMENTS, 60T", 62ND, CEDAR, WALNUT, AND LUGONIA STREETS, CONTRACT NO. 3234 - COMPLETION AND ACCEPTANCE RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond one -year after Council acceptance. DISCUSSION: On March 14, 2000, the City Council authorized the award of the Ocean Front Street End Improvements contract to JDC, Inc., Rancho Cucamonga, California. The contract provided for the construction of five street end improvements between 60°i and Lugonia Streets and the upgrade of the landscape on previously constructed street ends between 530 and 591 Streets. 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: $135,861.00 Actual amount of bid items constructed: 137,676.45 Total amount of change orders: 5,933.94 Final contract cost: $143,610.39 The increase in the amount of actual bid items constructed over the original bid amount resulted from minor increases of various quantities exceeding the bid item quantities. The final overall construction cost including change orders was 5.7 percent over the original bid amount. • 0 1 SUBJECT. Ocean From Street End Improvements, Contract No. 3234 - Completion, Acceptance August 0, 2000 Page 2 A total of two change orders were issued to complete the project. They were as follows: 1. A change order in the amount of $2,000.00 provided for the 200 feet of telephone conduit for future use at a life guard station. 2. A change order in the amount of $3,933.94 provided for the removal and replacement of asphalt concrete at five street ends and other miscellaneous work. Funds for the project were budgeted in the following account: Description I Account No. Amount Ocean Front Street End improvements I 7013- C5100014 $143,610.39 All work was completed on May 31, 2000, the scheduled completion date. Respectfully submitted, Qw PUBLIC WORKS DEPARTMENT Don Webb, Director By //0-10 ` 1/.�r.� Horst Hlawaty, P.E. Construction Engineer Attachment: Location Map 8 ny, 0 �S .ofs, ShSS � G hBS, wy O wss O OO fs ° Ooh 1 .V s49 O Oi F``� titg p J1s dy �a �r w O�54b� QP . . > fS S,aw C-3234 CITY OF NEWPORT BEACH mAwN DATE Z- 7 PUBLIC WORKS DEPARTMENT OCEAN FRONT STREET END IMPROVEMENTS 60TH TO LUGONIA STREET DRAWING ND. EXHIBIT A S t l YY 0 0 CITY OF NEWPORT BEACH NOTICE INVITING BIDS PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS CITY CLERK Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915 until 11:00 a.m. on the 24th day of February 2000, at which time such bids shall be opened and read for E Title of Project Contract No. 3234 $146,000.00 Engineer's Estimate prove by l.- )dV1 Don W. ,qbb Public Works Director Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. O. Box 1768, Newport Beach, CA 92658 -8915. For further information, call Stephen Luy, Project Manager at (949) 644 -3311. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN FRONT STREET END IMPROVEMENTS; 60TH, 62ND, CEDAR, WALNUT AND LUGONIA STREETS CONTRACT NO. 3234 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................1 BIDDER'S BOND ............................................................................... ..............................3 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................4 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................5 NON-COLLUSION AFFIDAVIT .......................................................... ..............................6 NOTICE TO SUCCESSFUL BIDDER ............................................... ..............................7 CONTRACT...................................................................................... ..............................8 LABOR AND MATERIALS BOND .................................................... .............................14 FAITHFUL PERFORMANCE BOND ................................................ .............................16 PROPOSAL................................................................................ ............................... PRA SPECIAL PROVISIONS ................................................................. ...........................SP -1 s� PAGE 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN FRONT STREET END IMPROVEMENTS; 60TH, 62ND, CEDAR, WALNUT AND LUGONIA STREETS CONTRACT NO. 3234 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 TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10% of the total bid price) maybe 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. 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. PAGE 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 in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 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. �0�3.3 L Contractor's License No. & Classification jok c. ;tip Bidder uthori ed Signaturefritle a L/-00 Date PAGE 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN FRONT STREET END IMPROVEMENTS: 60TH, 62ND, CEDAR, WALNUT AND LUGONIA STREETS CONTRACT NO. 3234 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 109% Dollars ($ ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of OCEAN FRONT STREET END IMPROVEMENTS; 60TH, 62ND, CEDAR, WALNUT AND LUGONIA STREETS, CONTRACT NO. 3234 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 duly enter into and execute the Contract Documents for the construction of the project in the form required within ten days (10) (not including Saturday, Sunday, and federal holidays) after the date of the mailing of Notice of Award; otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this day of 20= Name of Contractor (Principal) Authorized Signature/Title Name of Surety Address of Surety Telephone Authorized Agent Signature Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 0 0 PAGE 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN FRONT STREET END IMPROVEMENTS; 60TH, 62ND, CEDAR, WALNUT AND LUGONIA STREETS CONTRACT NO. 3234 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. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. JDC , N� Bidder Subcontractor Address r Bond No, TBD Fidelity and Deposit Company NOME OFFICE OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That we JDC, Inc. BAL71MORE, MD 21203 Principal, (hereinafter called the "Principal "), and, of the FIDELITY AND DEPOSIT COMPANY of MARYLAND, P.O. Box 1227, Baltimore, Maryland 21203, a corpora- tion duly organized under the laws of & State of Maryland, as Surety; (hereinafter called the "Surety") are held and firmly bound unto City of Newport Beach Obligee, (hereinafter called the "Obligee "), in the sum of Ten Percent of Principal's Bid Del)= (s * *10 % ** ) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Ocean Front Street End Improvements Job Number: 3234 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful, performance of such contract and for the prompt payment of labor and material f t mishod in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said' bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 18th day of February p D lff_ 2000 --- - - - ---- - --- ----- - -- - - - - -- -- ------ Principal --- - - -- -- --- -- - - -- -- Witness - - -- - - - -- 1. James a Armond r ident Title `� nr FIDELITY AND DE S A MARYLAND....,." By (S -FAL) —V mess J.W Johnson Attorney –In –F i _ 02i, —SM. 541 23"n �. CAFA2m b Amok„ Iwki W Ar Mam D� A- 310. ,`... fi6,v,7 1970 ukio.. _i Ia -'mss, ,.. ..�......_. _ .. ... _ _.. _.. __ . �.—.... au�u- ��.A°edYaiIDfILi9CA".$B9Sv_'.t. I�4....�'h edii��Krv.:.•r J . Power of Attomey FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 212034227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by W. B. WALBRECHER, Vice - President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of By -Laws o 'd Company, which are set forth on the reverse side hereof and are hereby certified to be in full f d e e date hereof does hereby nominate, constitute and appoint J. W. Johnson, of Fullerton, Calif true k agent and Attomey -in -Fact, to make, execute, seal and deliver, for, and on its behalf as s its eed: any and all bonds and undertakings and the execution of such bonds or undertakings in p of th ts, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if th d and acknowledged by the regularly elected officers of the Company at its office in Baltimore in their persons. This power of attorney revokes that issued on behalf of J. W. Johnson, dated Januaryrl9, 998. The said Assistant Secretary does b Article VI, Section 2, of the By -Laws e IN WITNESS WHEREOF, the said affixed the Corporate Seal of the sa( November, A.D. 1999. ATTEST: FIDELITY AND REf 49 T. E. Smith Assistant State ofMmyland } as: County ofBaknim J that th set forth on the reverse side hereof is a true copy of ny, an ow in force. knistam Secretary have hereunto subscribed their names and DEPOSIT COMPANY OF MARYLAND, this 19th day of COMPANY OF MARYLAND By: �.r- GtLsAcc� W. A Walbrecher Vice- President On this 19th day of November, A.D. 1999, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came W. B. Walbrecher, Vice - President and T. E. Smith, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my ]rand and affixed my Official Seal the day and year first above written. L1428-012 -4152 Caro! J. Fa Notary Public My Commissi Expires: August 1, 2000 .. ., :. 0 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice- Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,—and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice- President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. . RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 18th day of February 2000 Assistant Secretary 0 0 CALIFORNIA ALL - PURPOSE State of California } ss. County of Orange J On 2 -18 -00 before me, Sandi Forte, Notary Public Date Name and Title of Omer (e.p..'Jane Dae, Notary Public -) personally appeared J•N• Johnson Neme(e) d sipnar(s) SANDI FORTE Commission # 121200 Notary Public - California =� Orange County MyComm. Wires Mar 1,20M Place Notary Seal Above M personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(K) whose name( is /aMx subscribed to the within instrument and acknowledged to me that he/5lse lftag executed the same in his /K6*Yt * authorized capacity(Y&( and that by his /glatRO yak signature(er) on the instrument the person(si, or the entity upon behalf of which the person(M acted, executed the instrument. WITNE S my hand an al seal. Sgnalure of Notary Pudic 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: Bond Document Date: 2 -18 -00 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner-0 Limited ❑ General IJ]xAttomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Number of Pages: I Signer Is Representing: Fidelity And Deposit Company of Maryland 01297 Netldlal Notary AmadMion -9aa0 De Sab Ave.. P.O. eax 2402- CIIWwpar, CA 919112402 RIGHT THUMBPRINT OF SIGNER Ptcd. Nw'A07 Ralxder. Cal TWI me 14D"78MV 5• CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California 1 ss. County of Orange J On 2 -18 -00 before me, Sandi Forte, Notary Public Date Name erd Title of Officer (e.g.. -Jere Doe. Notary Public') personally appeared James De Armond 0 SANDI FORTE Commission # 1212058 z G'�. Notary Public - California Orange County – My Comm. Expires Mar 1, 2000 88 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(g) whose name(d) is /AN subscribed to the within instrument and acknowledged to me that he /AKW executed the same in his /MKdtIWK authorized capacity(kxx), and that by hisithiox(fkte3dx signature(s) on the instrument the person(6), or the entity upon behalf of which the person(o acted, executed the instrument. WIT y ha and f,iciial seal. Place NMary Seal Above Signature of Notary P.M. 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: Bond Document Date: 2 -18 -00 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Number of Pages: 1 ❑ Individual Top of thumb here `� Corporate Officer— Title(s): President ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fad ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: JDC, I nc. 0 1997 NetlpW Notary AeaoWlbn • 0330 De Sato A".. P.O. Box 2404 • Clwbwurlh, CA 91313.2402 Prod. No. 5907 Peptler. call TnIFFlee 48066768827 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ICounty of Orange On 2 -18 -00 before me, Sandi Forte, Notary Public Date Name aaa Tab of officer (e.g.. 'Jam Doe. Notary Public) personally appeared .lames De Armond SANDI FOITIE Commission # 1212058 z 3MVComm.&PbWMar1'- Notary Public - California T Orange County Place Notary Seal Alcove D personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(g) whose name() is/AM subscribed to the within instrument and acknowledged to me that he /iSKi4Fftf executed the same in his /MKdl MK authorized capacity(ioW, and that by his /alelt"x signaturefs) on the Instrument the person(A), or the entity upon behalf of which the person(4 acted, executed the instrument. WITN S my hand nd official seal. Signature of Notary Putriz .a PAGE 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN FRONT STREET END IMPROVEMENTS, 60TH, 62ND, CEDAR, WALNUT AND LUGONIA STREETS CONTRACT NO. 3234 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he/she has performed and successfully completed. Year Project Person Telephone Completed Name /Agency To Contact Number 461 0("- AJtt:�,9ote — <J pc ,~e-, Bidder 0 E CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN FRONT STREET END IMPROVEMENTS: 60TH, 62ND, CEDAR, WALNUT AND LUGONIA STREETS CONTRACT NO. 3234 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of t%4%t-) PAGE 6 y /�►� c/��`ie"�'� , being first duly swom, deposes and says that he or she is of j O C 4r -w , the party making the foregoin bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. jn,o - Bidder Authoriz d Signature/Titl Subscribed and swom to before me this _ day of Notary Public 20 [SEAL] My Commission Expires: -T � i • PAGE 7 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN FRONT STREET END IMPROVEMENTS; 60TH, 62ND, CEDAR, WALNUT AND LUGONIA STREETS CONTRACT NO. 3234 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 of receipt Notice of Award to the successful bidder. • CONTRACT • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND • CERTIFICATE(S) OF INSURANCE • GENERAL LIABILITY INSURANCE ENDORSEMENT • AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT 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. 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 companys 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. PAGE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN FRONT STREET END IMPROVEMENTS: 60TH, 62ND, CEDAR, WALNUT AND LUGONIA STREETS CONTRACT NO. 3234 THIS AGREEMENT, entered into this 14"' day of March, 2000, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and JDC, Inc., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: 3234 Contract No. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractors bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for CONTRACT NO. 3234, 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. s • • PAGE 9 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 one hundred thirty-five thousand, eight hundred and sixty-one and 00/100 Dollars ($135,861.00). 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 specfied elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Stephen Luy, P.E. (949) 644 -3311 F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: JDC, Inc. P.O. Box 3448 Rancho Cucamonga CA, 91729 Attention: James De Armond (909) 899 -4841 "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that PAGE 10 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0001 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1173) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0001 0187 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 0 0 PAGE 11 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self - insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract • PAGE 12 amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non - Compliance City shall have the right to offer the Contractor to stop Work under this Agreement and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner. for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole or 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. 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. , 0 E Page 13 J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: CLERK APPRO AS TO FORM: Z-lTt/ATTORNEY CITY OF NI A Municipal BEACH JDC, Inc. By 4A—aLeX4-- � e t\usm\pbweharedbonbmdVnastem \formal conhad master.doc 02128/00 1: 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange On 03 -21 -00 before me, Sandi Forte, Notary Public Dam Nerve WW Title of OW (a.9., WN Doe. Notary Puotic ) personally appeared James De Armond Neme(s) d slpnage) ..,, . SANDS FORTE x: Commission # 1212058 Notary Public - California Orange County My Comm. Cxpaes My 1, 20D3 Pm Nomry Seel PbW * personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(g) whose name(d) WIN subscribed to the within instrument and acknowledged to me that he/AlKWOW executed the same in his /1UYAWtiIK authorized capacity(i*, and that his1h*x"x signature(s) on the instrument the person(8), or the entity upon behalf of which the person(r4 acted, executed the instrument. WITNESS my h, " d a official seal. �^^fytiG� Spnemm of Nomry Publk OPTIONAL Though the information below is not required by law, d may prove valuable to persons relying an the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bond Document Date: 03- 21 -00, Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual " Corporate Officer—Title(s): President • Partner — ❑ Limited ❑ General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer is Representing: JDC, I no. PoGHT TH UL16PRINT OF 51GNL12 01997 N,tlnel Nomry ANOCMM • 9350 De SamA".. P.O. Boa 2402 • C1WW&WN. CA 91313.2AM Pm6. No. 6807 Rmtdm: Call Tog-Fm 16006766627 "AC3RD� GEKTIFICAW QF LI U'.{ vnooucER - Armstrong /Robitaille Ins Svcs P.O. BOX 34009 Fullerton, CA 92834 -9409 Phone No . ( 714) 5 7 8 - 7 0 54 {R�A JnclNC VE DATE (MM DD YY) 03/21/00 ND CONFERS NO RIGHTS UPON THE CERTIFICATE PALTER RTIFICATE IS ISSUED AS A MATTER OF INFORMATION THIS CERTIFICATE DOES NOT AMEND, EXTEND OR HE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE tchester Fire Insurance Co. Fax No. (714) 578 -7489 INSURED J . D . C . , INC . P.O. Box 3448 COMPANY BGolden Eagle Ins Corporation COMPANY C Rancho Cucamonga, CA 91739 COMPANY D COVERAGES.:- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE DATE (MMIDD/YY) POLICYEXPIRATION DATE (MMR107YY) LIMITS A B GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE L 'J OCCUR OWNER'S B CONTRACTOR'S PROT Per Proi . Aggr. GLS644133 (If Required by Contract) CCPS5236300 07/01/99 07/01/99 07/01/00 07/01/00 GENERAL AGGREGATE s2,000,000 PRODUCTS-0OMPlOP AGO $1,000,000 PERSONAL $ ADV INJURY $1,000,000 X EACH OCCURRENCE $1,000,000 X FIRE DAMAGE (Any m fire) s50,000 AUTOMOBILE LIABILITY X ANY AUTO MED EXP (Any me persm) COMBINED SINGLE LIMIT s5,000 $1,000,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ X HIRED AUTOS I X NON -OWNEDAUTOS BODILY INJURY (Per amidant) $ PROPERTY DAMAGE $ i GARAGE LIABILITY ANY AUTOUTO ACCIDENT S ONLY' EONLY� H ACCIDENT $ AGGREGATE ENCE $ $1 000 000 A B EXCESS LIABILITY X UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY CUS201813 07/01/99 NWC55236400 07/01/99 07/01/00 07101100 AGGREGATE $1,000, 000 X I STATUTORY LIMITS S - - - -- EACH ACCIDENT $1 000 000 THE PROPRIETOR! INCL PARTNERS /EXECUTIVE OFFICERS ARE EXCL' OTHER OISEASE­POLICY LIMIT $l 000 000 DISEASE -EACH EMPLOYEE $1 000 000 DESCRIPTION OF OPERATIONS /LOCATIONSNEHK:LESISPECIAL ITEMS 30 DAY NOTICE OF CANCELLATION EXCEPT 10 DAYS FOR NON - PAYMENT OF PREMIUM RE: Ocean Front Street End Improvements- Contract No. 3234 (See Attached Schedule.) GERTIPIGATE HOLDER CANCELLATION City of Newport Beach; Public Works Department 3300 Newport Blvd. Newport Beach, CA 92658 SHOULD ANY OF WE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL WB 30_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, x tae AUTRORPD REPRESENT VE ACORD 26S (3188} Of '::_ 0 4z ®- ACE]RU CORPORATION 1993 03/28/00 TUE 16:23 FAX 714 578 7489 ARMSTRONG-ROBITAILLE I M n n -*A as additional insureds as respects general be covered City, its officers, officials, employees and volunteers are to r liability and automobile liability. contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects City,its officers,officials, employees and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Separation of insureds applies.Waiver of subrogation applies re: workers' comp. Policy Number: CCP55236300 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM 61616MR1111111 Name of Person or Organization (Additional Insured): City of Newport Beach, its officers, officials, employees and volunteers Public Works Department 3300 Newport Blvd. Newport Beach, CA 92658 RE: Ocean Front Street End Improvements — Contract No. 3234 Who is an insured, Section II - Liability Coverage, is amended to include as an "Insured" the persons or organization shown in the schedule, but only with respect to liability arising out of an auto accident and occuring while operations are being performed for them by the "insured" and occuring while a covered Auto is being driven by the "insured" or one of the "insured" employees. COVERED AUTOS (Section I) is amended, but only as respects the persons or organization shown in the schedule, to symbol 2 = OWNED AUTOS ONLY. Coverage provided by this endorsement applies only to the Liability Coverage. However, this endorsement does not extend coverage to the "insured" for any bodily injury to the "Insured" employees, nor for property damage to the "insured" property. All other terms and conditions of the policy remain unchanged. This insurance is primary and any insurance available to the additional insured shall be excess and non - contributing. IL8500 12/87 POLICY NUMBER: GLS644133 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEESS or CONTRACTORS [FORM B] This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Newport Beach; Public Works Department 3300 Newport Blvd. Newport Beach, CA 92658 { If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. 30 DAY NOTICE OF CANCELLATION EXCEPT 10 DAYS FOR NON - PAYMENT OF PREMIUM RE: Ocean Front Street End Improvements- Contract No. 3234 City, its officers, officials, employees and volunteers are to be covered as additional insureds as respects general liability. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Separation of insureds applies. CG 20 10 11 85 i. MAR -28 -00 TUE 03:21 PM FAX N0. P. 02 KCAL- SURANCE CERTIFICATE OF INSURANCE CHECKLIST CITY OF NEWPORT BEACH THIS CHECKLIST IS COMPRISED OF REQUIREMENTS AS OUTLINED ABY THE CITY OF NEWPORT BEACH. DATE RECEIVED: 04 O DEPARTMFNT/CONTACT RECEIVED FROM; VAAM �OpfL�.� DATE COMPLETED: D 3 SENT TO: - ShwuNl9 DYl.�1G BY: COMPANY/PERSON REQUIRED TO HAVE CERTIFICATE: xp- &•. /)Va • GENERAL LIABILITY: A. INSURANCE COMPANY: &WA R PRE �� � ev B. AM BEST RATING (A VII or greater): • / C. ADMITTED COMPANY: ( Must be California Admitted) Is company miffed in California? Yes V No_ D. LUvIITS: (Must be 51.000,000 or greater) What is limit provided'? D E. PRODUCTS AND COMPLETED OPERATIONS: (Must Include) Is it included'? Yes No F. ADDITIONAL INSURDED WORDING TO INCLUDE: ( The City its officers, agents, officials, employees and volunteers). Is it included? Yes ✓ No G. PRA ARY AND NON CONTRIBUTORY WORDING: (Must be included) Is it included? Yes ✓ No H. CAUTION! (Confirm that loss of liability of the Named insured is not limited solely by their negligence:.) Does endorsement include "solely by negligence" wording? Yes No—k!!�-L 1. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation b} certified mail; per Lauren Farley the City will accept the endeavor wording. 11. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: B. AM BEST RATING (A VII or greater): : 1A C. ADMITTED COMPANY: (MUST BE CALIFORNIA ADMITTED) Is company admitted? Yes ✓ No D. LIMITS: ( Must be $1.000,000 minimum BI & PD and $500,000 UM) What is limits provided? . 1i AiF7x& E. ADDITIONAL INSURED WORDING TO INCLUDE: (The City its officers ,agents, officials, employees and volunteers). Is it included? Yes ✓ No_ F. PRIMARY AND NON CONTRIBUTORY WORDING: ('Must be included). Is it included? Ycs J� 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: Cs(ii.UE t >� l�SURf� � PiD • B. AM BEST RATING (A VII or orcatcr) f C. LIMITS: Stannory D. WAVIER OF SUBROGATION: (To include). Is it included'? Yes_, No t/ HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes No t/ IF NO, WHICH ITEMS NEED TO BE COMPLETED? WiffD AM111E2 PR 1 of 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL OCEAN FRONT STREET END IMPROVEMENTS 60TH, 62ND, CEDAR, WALNUT AND LUGONIA STREET CONTRACT NO. 3234 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P. O. Box 1768 Newport Beach, California 92663 -8915 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. 3234 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL NO. AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Clearing and Grubbing l`7wlODollars and Cents Per Lump Sum 2. Lump Sum Mobilization )15/'1% l LOsia o Dollars and -�- Cents Per Lump Sum z_ PR2of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL NO. AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 3. Lump Sum Traffic Control JIU410 O Dollars and '8— Cents [� Per Lump Sum 4. 790 L.F. Construct Type "B" P.C.C. Curb ! 6-0 Dollars and `er- � Ep � Cents $ - $ Per Linear Foot 5. 1,320 S.F. Construct P.C.C. Driveway Approach ( n Dollars and 5D !/ Cents $ Per Square Foot 6. 2,700 S.F. Construct P.C.C. Sidewalk �lao Dollars and -8 Cents $ Z f $ Szke Per Square Foot 7. 625 S.F. Construct P.C.C. Landing with Thickened Edge Dollars and go- �7 -Cents $ $ Per Square Foot 0 0 PR3of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL NO. AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 8. 290 S.F. Construct P.C.C. Alley Approach Dollars Cent d $ Q-0 $�(�m Per Square Foot 9. 7,330 S.F. Construct 6 inch Thick P.C.C. Roadway t wa Dollars and �Te Cents $ $ ( Per Square Foot 10. 5 Each Install 1 -inch Water Service (Including Trench Resurfacing where applicable) ��tassn o RNLDUo Dollars _Cents $ `�$ Per Each 11. 5 Each Install P.C.C. Meter Box With Traffic Cover C t�ri Dollars and Q° sa Cents $_� $ %,5 6 Per Each 12. Lump Sum Install Irrigation System and Irrigation Modifications v Dollars and m CD -�- Cents $�_ $ - Per Lump Sum PR4of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL NO. AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 13. 5 Each Install New Galvanized Steel Parking Meter Posts C)1Xhu03i91V Dollars and Cents $ �� $ Per Each 14. Lump Sum Provid-e and Install Landscaping ov 4�J sa, Dollars and —7 m Cents $ Per Lump Sum 15. 450 L.F. Construct Block Wall Planters Including Foundation I h0_T Dollars and —Cents $ `— $ Per Linear Foot 16. 420 L.F. Remove Existing Block Wall Cap and Construct Additional Block Wall Course to Existing Block Wall Planter �INL�J� Dollars an Cents $ 12°° $ Sogoo.` Per Linear Foot 17. 1,770 L.F. Install 2 1/2" Sch-40 Electric Conduit for Sprinkler Irrigation Valve Wiring ---fro Dollars and ob QQ Cents $ d $ Per Linear Foot ITEM QUANTITY NO. AND UNIT • 0 ITEM DESCRIPTION AND UNIT PRICE WRITTEN IN WORDS 18. 6 Each Install P.C.C. Meter Box With P.C.C. Cover Dollars and -l1- Cents Per Each TOTAL BID PRICE IN WRITTEN WORDS owev ^10 � 'let' rh$ '/ � OLMA-wj Dollars and Cents Bidder's Name �,,, J L) Bidder's Address (-)-D- Bidder's Telephone PR5of5 UNIT TOTAL PRICE PRICE // 3i ,p rj $ 1,36�6�oa Total Bid Pri a in Figures ( C40 q1 c3 Contractor's License No. & Classification (7 Jot/ .3 y Date Authorized Signature Title w ; -.., . . ,.: _.�.�« . � � :ter ,L.. . _ °. •- CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS OCEAN FRONT STREET END IMPROVEMENTS 60th, 62nd, CEDAR, WALNUT, AND LUGONIA STREETS CONTRACT NO. 3234 INTRODUCTION PART 1--- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 1 2.6 WORK TO BE DONE 1 2-9 SURVEYING 1 2 -9.3 Survey Service 1 2 -9.6 Survey Monuments 2 SECTION 4 CONTROL OF MATERIALS 2 44 MATERIALS AND WORKMANSHIP 2 4 -1.3 Inspection Requirements 2 4 -1.3.4 Inspection and Testing 2 SECTION 5 UTILITIES 2 5 -7 ADJUSTMENTS TO GRADE 2 5-8 SALVAGED MATERIALS 2 5-9 ONSITE UTILITIES 2 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE 3 OF THE WORK 6 -1.1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 3 6 -7 TIME OF COMPLETION 3 6 -7.1 General 3 6 -7.2 Working Days 3 6 -7.4 Working Hours 3 6 -9 LIQUIDATED DAMAGES 3 w ; -.., . . ,.: _.�.�« . � � :ter ,L.. . _ °. •- • • SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 4 7-8 PROJECT SITE MAINTENANCE 4 7 -8.5 Temporary Light, Power and Water 4 7 -8.6 Water Pollution Control 4 7 -8.8 Steel Plates 4 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 4 7 -10 PUBLIC CONVENIENCE AND SAFETY 4 7 -10.1 Traffic and Access 4 7 -10.3 Street Closures, Detours, Barricades 4 7 -10.4 Public Safety 4 7- 10.4.1 Safety Orders 4 7 -10.5 "No Parking" Signs 5 7 -10.6 Street Sweeping Signs 5 7 -10.7 Notice to Residents 5 7 -15 CONTRACTOR LICENSES 5 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 5 SECTION 9 MEASUREMENT AND PAYMENT 6 9 -3 PAVEMENT 6 9 -3.1 General 6 9 -3.2 Partial and Final Payment 8 PART 2--- CONSTRUCTION MATERIALS SECTION 212 LANDSCAPE AND IRRIGATION MATERIALS 8 212 -1 LANDSCAPE MATERIALS 8 212 -1.4 Plants 8 212 -1.4.1 General 8 212 -1.4.2 Trees 9 212 -1.4.3 Shrubs 9 212 -2 IRRIGATION SYSTEM MATERIALS 9 212 -2.1 Pipe and Fittings 9 212 -2.1.3 General 9 212 -2.2 Valve and Valve Boxes 9 212 -2.2.4 Remote Control Valves 9 212 -2.2.7 Valve Boxes 9 212 -2.4 Sprinkler Equipment 9 0 • 212 -3 ELECTRICAL MATERIALS 9 212 -3.2 Conduit and Conductors 9 212 -3.2.2 Conductors 9 PART 3--- CONSTRUCTION METHODS SECTION 300 EARTHWORK 10 300 -1 CLEARING AND GRUBBING 10 300 -1.3 Removal and Disposal of Materials 10 300 -1.3.1 General 10 300 -1.5 Solid Waste Diversion 10 SECTION 302 ROADWAY SURFACING 10 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 10 302 -6.6 Curing 10 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 10 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 10 303 -5.5 Finishing 10 303 -5.5.2 Curb 10 303 -5.5.4 Gutter 11 PART 4 SECTION 400 ALTERNATIVE ROCK PRODUCTS, ASPHALT 11 CONCRETE, PORTLAND CEMENT CONCRETE, AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 11 400 -2.1 General 11 400 -2.1.1 Requirements 11 • f CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS OCEAN FRONT STREET END IMPROVEMENTS 601, 62nd, CEDAR, WALNUT, AND LUGONIA STREETS CONTRACT NO. 3234 INTRODUCTION SP1of11 All work necessary for the completion of this contract shall be done in accord with (1) these Special Provisions; (2) the Plans (Drawing Nos. R- 5729 -S), (3) the Citys Standard Special Provisions and Standard Drawings for Public Works Construction, (1994 edition), including supplements; (4) Standard Specifications for Public Works Construction (1997 edition), including supplements; and (5) the latest edition of American Water Works Association (AWWA) standards as amended. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department for Ten Dollars ($10.00). Copies of the Standard Specifications may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, CA, 90034, telephone number (310) 202 -7775. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2- -SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE: Add to this section, "The work necessary for the completion of this contract consists of constructing curb, gutter, roadway, sidewalk, planters, landscaping, irrigation systems, driveway approaches, alley approaches, irrigation plumbing, irrigation wiring conduit, modifying existing block wall planters, adjusting City - owned utility frames and covers to finished grade, and constructing other incidental items of work." 2 -9 SURVEYING 2 -9.3 Survey Service: Add to this section, "The Engineer will provide construction staking as required to construct the improvements. Any additional stakes or any restaking or costs thereof shall be the responsibility of the Contractor. The Contractor shall notify the Engineer in writing two working days in advance of the time that the stakes are needed." 0 • SP2of11 2 -9.6 Survey Monuments: The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and protect them during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall have the affected survey monuments restored per records, at his expense. The Contractor's Engineer of Licensed Surveyor shall also file the required Comer Records with the County of Orange upon monument restoration. SECTION 4-- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements: 4 -1.3.4 Inspection and Testing: All material and articles furnished by the Contractor shall be subject to rigid inspection and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall fumish the ngineer with full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When in the opinion of the Engineer, additional tests or inspections are required because of unsatisfactory results regarding the manner in which the Contractor executed his work; the Contractor shall pay for such tests and inspections. SECTION S-- UTILITIES 5 -7 ADJUSTMENTS TO GRADE: The Contractor shall adjust to finish grade City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor shall coordinate the adjustment of Southern California Edison, The Gas Company, Pacific Bell and cable television facilities to the proposed finish grade prior to placement of the pavement. 5-8 SALVAGED MATERIALS: Salvaged materials shall be delivered to the City's Utility Yard located at 949 West 16th Street, Newport Beach. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 644 -3011. 5 -9 ONSITE UTILITIES: The Contractor shall cut and cap any encroaching irrigation or electrical lines, from adjacent properties, at the property line. The Contractor is cautioned that an 8 -inch D.I.P. water main is located near the area of excavation. If the Contractor damages the main, the Contractor shall repair, pressurize, test and disinfect the main in accordance with Section 306 -1.4.5 & 7 of the Standard Special Provisions. The Contractor shall be responsible for any damages to existing utilities resulting from his operations. • • SP3of11 SECTION 6 -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK: Add to this section, "No work shall begin until a schedule of the work has been approved by the Engineer. The Contractor must submit a construction schedule for approval to the Engineer within a minimum of five working days prior to the commencing of any work. Schedule may be bar chart or CPM style. Schedule may be on a weekly progress basis showing line item activities of work performed by the Contractor. The Engineer will review the schedule and may require the Contractor to reschedule to conform to the requirements of the Contract Documents before the start of work." 6 -7 TIME OF COMPLETION 6 -7.1 General: Add to this section, "The Contractor shall complete all work under the Contract within thirty consecutive working days from the date of the "Notice to Proceed ". It will be the Contractor's responsibility to ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100% completion of work. The term "work" as used herein shall include all removals, adjustments and replacements; construction of street ends which includes P.C.C. roadway, curbs, gutters, driveways, sidewalks, alley approaches, landings, block wall planters and landscaping. Also included within the specified period is curing time for new P.C.C. improvements." 6 -7.4 Working Hours: Normal working hours are limited to 7:00 a.m. to 4:30 p.m. Monday through Thursday and 7:00 a.m. to 3:30 p.m. Fridays. Should the Contractor elect to work later than normal working hours weekdays or between 8:00 a.m. and 6:00 p.m. on Saturday, he must obtain special permission from the Engineer. 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 inspection costs, at $50.00 per hour, when such time periods are approved. 6 -9 LIQUIDATED DAMAGES: Revise sentence three to read, "For each consecutive calendar day after the thirty consecutive working days specified for completion of the work, as adjusted in accordance with subsection 6 -6, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $350.00." Revise paragraph two, sentence one, to read, "Execution of the Contract shall constitute agreement by the Agency and Contractor that $350.00 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 the time that the street ends are closed to the public. 0 0 SP4of11 SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR 7-8 PROJECT SITE MAINTENANCE 7-8.5 Temporary Light, Power and Water: Add to this section, "If the Contractor elects to use the City s water, he shall arrange for a meter and tender a $750 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." 7-8.6 Water Pollution Control: Add to this section, "Surface runoff water 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 the bay." 7-8.8 Steel Plates: The City can provide a limited quantity of steel plates. These plates may be obtained for a rental charge of $15.00 per plate per week or part thereof. In addition the Contractor shall deposit $100 for the use of the City's lifting eye fitting and for the use of trench plates. The Contractor shall obtain plates from and return plates to the City's Utilities Yard at 949 West 16th Street, Newport Beach. To determine the number of plates available and to reserve the plates, the Contractor must call the City's Utilities Superintendent, Mr. Peter Antista, at (949) 644 -3011. 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS: Add to this section, "The Contractor shall notify the Engineer at least two working days in advance of starting removals so that all street and beach signs may be removed by others in a timely manner." 7 -9 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access: Add to this section, "The Contractor shall provide traffic control and access in accord with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc." The Contractor shall phase his construction is such a manner as to minimize the inconvenience to the public and maintain vehicle, pedestrian and bicycle traffic on Seashore Drive. 7 -10.3 Street Closures, Detours, and Barricades: Add to this section, "The Contractor shall also prepare a traffic control plan. The Contractor shall be responsible for processing and obtaining approval of a traffic control plan from the Engineer. The Contractor shall adhere to the conditions of the traffic control plan." 7 -10.4 Public 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 SP5of11 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 furnish, install, and maintain in place "NO PARKING - TOW AWAY" signs (even if streets and alleys have posted "NO PARKING" signs) which he shall post at least 48 hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City s Police Department, Traffic Division at (949) 644 -3740, for verification of posting at least 48 hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimension of 12- inches wide and 18- inches high; and (3) be similar in design and color to sign R -38 of the Caltrans Uniform Sign Chart. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING - TOW AWAY" signs in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.6 Street Sweeping Signs: After posting "NO PARKING - TOW AWAY" signs, the Contractor shall cover street sweeping signs, on those streets adjacent to construction, in a manner approved by the Engineer. Immediately after construction is complete and the street end is opened to traffic, the Contractor shall uncover the street sweeping signs. 7 -10.7 Notices to Residents: Ten working days prior to starting work, the Contractor shall deliver a notice to the residents describing the project and indicating the limits of construction. Forty -eight hours before restricting vehicular or pedestrian access to garages, parking spaces, sidewalks, etc., the Contractor shall distribute to affected residents a written notice stating when construction operations will start and approximately when vehicular and pedestrian accessibility will be restored. The written notices will be prepared by the Engineer. The Contractor shall insert the applicable dates and times when the notices are distributed. Errors in distribution, false starts, acts of god, strikes or other alterations of the schedule will require Contractor renotification using an explanatory letter furnished by the Engineer. 7 -15 CONTRACTOR LICENSES: At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. At the start of work and until completion of work, the Contractor shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR RECORDS /AS BUILT DRAWINGS: A stamped set of approved plans and specifications shall be on the jobsite at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and so certified by the Engineer at the time each progress bill is submitted. SP6of11 Upon completion of the project, the Contractor shall provide "As- Built" corrections upon a copy of the Plans. The "As- Built" correction plans shall be verified by the Engineer prior to final payment. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9-- MEASUREMENT AND PAYMENT 9-3 PAYMENT 9 -3.1 General: Revise paragraph two to read, "The unit and lump sum prices bid for each item of work shown on the proposed shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work to complete the work in place and no other compensation will be allowed therefor. 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 Clearing and Grubbing: Work under this item shall include removal and disposal of all natural and artificial materials, including P.C.C. and asphalt, within the project limits and any equipment necessary to complete the work under this contract. The cost of all sawcutting and mail box relocation shall also be included under this item. Item No. 2 Mobilization: Work under this item shall include all preparation and scheduling of materials and equipment necessary to complete the work under this contract. This item shall also include the delivery of all required notifications, posting of signs and all other costs incurred in notifying the residents. Item No. 3 Traffic Control: Work under this item shall include providing the traffic control required by the project including, but not limited to, preparation of traffic control plans, signs, cones, barricades, flashing arrow sign, K -rail, striping, flagmen and all other work necessary to comply with the W.A.T.C.H. manual, latest edition, and City of Newport Beach requirements. Item No. 4 Construct Type "B" P.C.C. Curb: Work under this item shall include construction of Type "B" P.C.C. curb per City of Newport Beach Std. -182 -L and all other work necessary to construct Type "B" Curb complete and in place including beach grading and chipping of existing footings. Item No. 5 Construct P.C.C. Driveway Approach: Work under this item shall include construction of P.C.C. driveway approach per applicable portions of City of Newport Beach Std: 163 -L and all other work necessary to construct the driveway approach complete and in place. SP7of11 Item No. 6 Construct P.C.C. Sidewalk: Work under this item shall include construction of P.C.C. sidewalk per applicable portions of City of Newport Beach Std: 180 -L and all other work necessary to construct the sidewalk complete and in place. Item No.7 Construct P.C.C. Landing with Thickened Edge: Work under this item shall include the construction of a P.C.C. landing with thickened edge and all other work necessary to construct the landing with thickened edge, complete and in place. Item No. 8 Construct P.C.C. Alley Approach: Work under this item shall include compaction and construction of P.C.C. alley approach and asphalt patchback and all other work necessary to construct the alley approach complete and in place. Item No. 9 Construct 6 -Inch Thick P.C.C. Roadway: Work under this item shall include compaction and construction of 6 -inch thick P.C.C. roadway and all other work necessary to construct the roadway complete and in place. Item No.10 Install 1 -Inch Water Service: Install new 1 -inch water service in accordance with the City of Newport Beach Std - 502 -L, including, but not limited to, exposing utilities in advance of the work, trench excavation, control of ground or surface water, backfill, compaction, disposal of excess excavated materials, installation of Type "K" copper tubing, and all other work necessary to install the water service complete and in place. Item No. 11 Install P.C.C. Meter Box With Traffic Cover: Install new 1 -inch water meter box, with cast iron traffic cover, per applicable portions of City of Newport Beach Std - 502 -L, including but not limited to, disposal of excess excavated materials, installation of a new meter box and cast iron traffic cover and all other work necessary to install the water service complete and in place. Item No. 12 Install Irrigation System and Irrigation Modifications: Work under this item shall include furnishing and installing all schedule 40 irrigation lines and fittings, Toro 500 and 570 sprinkler heads, anti - siphon valves and Griswald DW Series 314 -inch electric remote control irrigation valves. Work under this item shall also include installing new irrigation wires, to a minimum four foot depth, to the new electric irrigation valves, connecting to the new irrigation valves and verifying continuity in the circuit with the existing sprinkler control equipment located at 56th Street and all other work necessary to connect the new irrigation valves to the existing sprinkler control equipment. Work under this item shall also include modifying and adding irrigation to four existing street ends. Installation of new green H.D.P.E. irrigation box for water valves, Carson Brooks No. 1419 with lid marked "IRRIGATION CONTROL VALVE" and all work necessary to install the landscaping complete and in place shall also be included. Item No. 13 Install New Galvanized Steel Parking Meter Posts: Work under this item will include furnishing and installing new galvanized steel parking meter post per C.N.B. Std. -920 -L complete and in place. Item No. 14 Provide and Install Landscaping: Work under this item shall include providing and installing Mediterranean Fan Palms, import soil, soil amendments and SP8of11 miscellaneous plants, as approved by the Park and Tree Superintendent and noted in the plans. Work under this item shall also include furnishing and installing additional palm trees, landscaping, soil amendments and import soil at seven previously completed street ends, and all other work necessary to install the landscaping complete and in place. Item No. 15 Construct Block Wall Planters: Work under this item shall include excavation, forming, pouring footings and constructing two reinforced concrete block wall planters per street end, including additional block wall planters at four previously finished street ends, and all work necessary to construct the planters complete and in place. Item No. 16 Remove Existing Cap and Construct Additional Courses for Block Wall Planters: Work under this item shall include removing the existing block wall cap and constructing additional courses of block wall, per the plans and all work necessary to raise the existing planter height complete and in place. Item No. 17 Install 2 1/2" Schedule 40 P.V.C. Electric Conduit for Sprinkler Irrigation Valve Wiring: Work under this item shall include furnishing and installing all 2 1/2" schedule 40 gray P.V.C. conduit for sprinkler irrigation lines, Including moving and distributing excess sand, and all other work necessary to install the conduits complete and in place. Item No. 18 Install P.C.C. Meter Box (electrical) With P.C.C. Cover: Work under this item shall include furnishing and installing new 2 1/2 -inch meter box , with P.C.C. cover, per applicable portions of City of Newport Beach Std - 502 -L, including, but not limited to, disposal of excess excavated materials, installation of a new meter box and P.C.C. cover and all other work necessary to install the meter box complete and in place. 9 -3.2 Partial and Final Payment: Add to this section, "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 212 -- LANDSCAPE AND IRRIGATION MATERIALS 212 -1 LANDSCAPE MATERIALS- 212-1.4 Plants: 212 -1.4.1 General: Add to this section, "The Contractor shall fill the planters with import soil and soil amendments from the bottom of the planter's concrete footings to within 4 inches of the top of planter. Import soil and soil amendments shall be approved by the Engineer prior to placement. The Contractor shall notify Bob Martinez of the Parks Department, (949) 644- 3054, one week prior to the removal of any existing vegetation to allow city forces to salvage any reusable plant material." SP9of11 212 -1.4.2 Trees: Add to this section, "The Contractor shall install one multiple trunk, Chamaerops Humilis, (Mediterranean Fan Palm Trees), 3 -foot minimum trunk size, at each newly constructed street end." 212 -1.4.3 Shrubs: Add to this section, "The Contractor shall install Carissa "Tuttle" (Natal Plum), Raphiolopis "Pinkie" (Pink Lady) and Llimonium Status (Sea Lavender) at each newly constructed street end and the seven previously constructed street ends. Planting layout and size of plants shall be as indicated on the plans." 212 -2 IRRIGATION SYSTEM MATERIALS 212 -2.1 Pipe and Fittings: 212 -2.1.3 General: Add to this section, "All irrigation lines and fittings shall be 3/4" schedule 40 P.V.C. with solvent weld socket fittings. The Contractor shall plug and pressure check the irrigation system to 175 P.S.I. for a period of one hour. Any leaks shall be repaired prior to installing landscape materials." 212 -2.2 Valve and Valve Boxes: 212 -2.2.4 Remote Control Valves: Add to this section, "All irrigation valves shall be Griswald DW Series 3/4" Electric Remote Control Valves." 212 -2.2.7 Valve Boxes: Add to this section, "All valve boxes shall be green H.D.P.E. Irrigation Boxes, Carson Brooks No. 1419 with lid marked "Irrigation Control Valve "." 212 -2.4 Sprinkler Equipment: Add to this section, "All sprinkler heads shall be Toro 570 pop up with 4 EST for use in the raised planter and palm tree planter respectively." 212-3 ELECTRICAL MATERIALS 212-3.2 Conduit and Conductors: 212 -3.2.2 Conductors: Add to this section, "Irrigation wiring is to be a continuous run from end to end with no splices. The common irrigation wire is to spliced only at the valves. All irrigation wires in the pull box shall have a minimum of one foot of additional wire to accommodate any future repair. All irrigation wires in the Lugonia Street pull box shall have a minimum of four feet of additional wire to facilitate connection to the next phase. Irrigation wire for this project, and future projects, is buried under a sheet of plywood approximately 3- feet deep located 40 -feet northerly of the centerline of 59th Street and 18 -feet westerly of the property line of the existing homes along Seashore Drive." 4* • PART 3 CONSTRUCTION METHODS SECTION 300 -- EARTHWORK 300 -1 CLEARING AND GRUBBING: 300 4.3 Removal and Disposal of Materials: 0 SP 10 of 11 300 -1.31 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 at 2 -inch minimum 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. Final removal accomplished by other means must be approved by the Engineer. The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each work day." 300 -1.5 Solid Waste Diversion: Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility, which crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer. SECTION 302 — ROADWAY SURFACING 302-6 PORTLAND CEMENT CONCRETE PAVEMENT: 302 -6.6 Curing: The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201 -1.1 -2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6 -7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer. SECTION 303 -- CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.5 Finishing: 303 -5.5.2 Curb: Add to this section, "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer lateral and a chiseled "V -X" for SP 11 of 11 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 shall call the City's Utilities Superintendent, Mr. Pete Antista, at (949) 644 -3011 " 303 -5.5.4 Gutter: Add to this section "The Contractor shall hold the flow line tolerances to within 0.02 feet of those elevations shown on the plan." 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 aggregate base or crushed miscellaneous base as base materials." CITY TO: Mayor and Members of the City Council FROM: Public Works Department (39) C 3934 March 14, 2000 SUBJECT: OCEAN FRONT STREET END IMPROVEMENTS, 6 , WALNUT, AND LUGONIA STREETS - AWARD OF CONTRACT NO. 3234 RECOMMENDATIONS:, ..d c. ��iaj�. �► �' 1. Approve the plans and specifications. 2. Award Contract No. 3234 to JDC, Inc., for the total price of $135,861.00 and authorize the Mayor and the City Clerk to execute the Contract. 3. Establish an amount of $13,500.00 to cover the costs of testing and unforeseen work. DISCUSSION: At 11:00 A.M. on February 24, 2000, the City Clerk opened and read the following bids for this project: *Corrected bid amounts PAVE WEST TopLine Construction, Inc. GCI Construction, Inc. Summit Contracting S. Parker Engineering, Inc. $137,897.00 $143,410.00 $152,227.00 $178,965.00 $199,172.50 Amount $135,861.00 $137,917.00* $143,420.00* $147,800.00 $151,669.50 $151,750.00 $152,277.00* $155,299.00 $169,877.50 $173,727.60 $179,000.00* $199,172.00* A Bidder Low J.D.C., Inc. 2 PAVE WEST 3 TopLine Construction, Inc. 4 LGT Enterprises, Inc. 5 R.E. Smith Engineering & Construction Co. 6 Nobest Inc. 7 GCI Construction, Inc. 8 Beador Construction Co., Inc. 9 DAMON Construction Co. 10 Los Angeles Engineering, Inc. 11 Summit Contracting 12 S. Parker Engineering, Inc. *Corrected bid amounts PAVE WEST TopLine Construction, Inc. GCI Construction, Inc. Summit Contracting S. Parker Engineering, Inc. $137,897.00 $143,410.00 $152,227.00 $178,965.00 $199,172.50 Amount $135,861.00 $137,917.00* $143,420.00* $147,800.00 $151,669.50 $151,750.00 $152,277.00* $155,299.00 $169,877.50 $173,727.60 $179,000.00* $199,172.00* A 0 0 Subject: Ocean Front Street End Improvements — Award of Contract No. 3234 March 14, 2000 Page: 2 The low bidder is 7 percent less than the Engineer's estimate of $146,000.00. JDC, Inc., of Rancho Cucamonga, California, the low bidder, has satisfactorily performed contract work for the City. A check with the State Contractor's License Board indicates that JDC, Inc. has no pending actions detrimental to their contractor's license. The Oceanfront Encroachment Program was adopted by the City and approved by the California Coastal Commission eight years ago. The FY 1999 -2000 Ocean Front Street End Improvement Program provides for the construction of five street end improvements between 60th and Lugonia Streets. The improvements include the construction of portland cement concrete roadway, sidewalk, curb, landscaping, and irrigation. Additional planters, planter modifications, upgraded landscaping and imc9ation will be added to seven previously constructed street ends between 53rd and 59 Street. The locations are shown on Exhibit "A ". Staff obtained a Coastal Commission Permit for the construction of the current project. Coastal Commission approval of the Ocean Front Encroachment Program requires the City to construct a minimum of three street end improvements per year, until all unimproved ocean front street ends in West Newport are improved between Summit Street and 36th Street. Upon the completion of this contract, 32 street ends will have been constructed. Approximately seven street ends remain to be constructed. Funding for this project is generated through annual Oceanfront Encroachment Permit fees. Sufficient funds for the project are available in the Ocean Front Street End Improvements, Account No. 7013- C5100014. Respectfully s Itted, PUBLIC WORKS DEPARTMENT Don Webb, Director By: Stephen uy, P.E. 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CIT` OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (949) 644 -3005 March 30, 2000 Pave West 320 N. Palm Street, Suite A Brea, CA 92821 Gentlemen: Thank you for your courtesy in submitting a bid for the Ocean Front Street End Improvements; 6001, 62nd, Cedar, Walnut and Lugonia Streets (Contract No. 3234) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT B?ACH OFFICE OF THE CITY CLERK P.O. BOX 17680 NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 March 30, 2000 TopLine Construction Inc. 9272 Russell Street La Habra, CA 90631 Gentlemen: Thank you for your courtesy in submitting a bid for the Ocean Front Street End Improvements; 60h, 62nd, Cedar, Walnut and Lugonia Streets (Contract No. 3234) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 March 30, 2000 LGT Enterprises Inc. P.O. Box 3905 Tustin, CA 92781 -3905 Gentlemen: Thank you for your courtesy in submitting a bid for the Ocean Front Street End Improvements; 60'", 62nd, Cedar, Walnut and Lugonia Streets (Contract No. 3234) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BIACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 March 30, 2000 R.E. Smith Engineering & Construction 25801 Obrero Road, Suite 11 Mission Viejo, CA 92691 Gentlemen: Thank you for your courtesy in submitting a bid for the Ocean Front Street End Improvements; Wh, 62nd, Cedar, Walnut and Lugonia Streets (Contract No. 3234) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT B?ACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 March 30, 2000 Nobest Inc. P.O. Box 874 Westminster, CA 92684 Gentlemen: Thank you for your courtesy in submitting a bid for the Ocean Front Street End Improvements; 60'", 62nd, Cedar, Walnut and Lugonia Streets (Contract No. 3234) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 March 30, 2000 GCI Construction, Inc. 245 Fischer Avenue, Suite B -3 Costa Mesa, CA 92626 Gentlemen: Thank you for your courtesy in submitting a bid for the Ocean Front Street End Improvements; 6011, 62nd, Cedar, Walnut and Lugonia Streets (Contract No. 3234) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CIT OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 March 30, 2000 Beador Construction Company, Inc. P.O. Box 1 Corona del Mar, CA 92625 Gentlemen: Thank you for your courtesy in submitting a bid for the Ocean Front Street End Improvements; 60'", 62nd, Cedar, Walnut and Lugonia Streets (Contract No. 3234) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, 44n o . 14,4L, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (949) 644-3005 March 30, 2000 Damon Construction Co. 455 Carson Plaza Drive, Unit F Carson, CA 90746 Gentlemen: Thank you for your courtesy in submitting a bid for the Ocean Front Street End Improvements; 60u', 62nd, Cedar, Walnut and Lugonia Streets (Contract No. 3234) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you Will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, Aa LaVonne M. Harkless, CMC/AAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (949) 6443005 March 30, 2000 Los Angeles Engineering, Inc. 4134 Temple City Boulevard Rosemead, CA 91770 Gentlemen: Thank you for your courtesy in submitting a bid for the Ocean Front Street End Improvements; 60'", 621, Cedar, Walnut and Lugonia Streets (Contract No. 3234) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, 'tea (/e7", W, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevacd, Newport Bench CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 March 30, 2000 Summit Contracting 1824 Flower Avenue Duarte, CA 91010 Gentlemen: Thank you for your courtesy in submitting a bid for the Ocean Front Street End Improvements; 60'", 62n1, Cedar, Walnut and Lugonia Streets (Contract No. 3234) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, ����.� Pn_ 1J'2'A;6' LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CIT' OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 (949) 644-3005 March 30, 2000 S. Parker Engineering, Inc. 10059 Whippoorwill Avenue Fountain Valley, CA 92708 Gentlemen: Thank you for your courtesy in submitting a bid for the Ocean Front Street End Improvements; 60d', 62nd, Cedar, Walnut and Lugonia Streets (Contract No. 3234) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach