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Home My WebLink AboutC-3279 - Irvine Avenue Median improvements - from Westcliff Drive to Dover DriveMarch 12, 2004 Southland Construction P.O. Box 1629 Anaheim, CA 92815 • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC Subject: Irvine Avenue Median Improvements from Westcliff Drive to Dover Drive (C -3279) To Whom It May Concern: On March 11, 2003, 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 May 15, 2003. The Surety for the contract is Western Surety Company, and the bond number is 22711410. Enclosed is the Faithful Performance Bond. incerely, LaVonne M. Harkless, CMC City Clerk cc: Public Works Department Fong Tse, Associate Civil Engineer enclosure 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 - vAv-,v.city.newport- beach.ca.us • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT DRIVE CONTRACT NO. 3279 BOND NO. 22711410 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 5,673-00 being at the 'rate of 5 30 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Name of Contractor, hereinafter designated as the 'Principal', a contract for construe ion of IRVINE AVENUE MEDIAN IMPROVEMENTS FROM WESTCLIFF DRIVE TO DOVER DRIVE, Contract No. 3279 in the City of Newport Beach, in strict conformity with the pians, drawings, specifications, and other Contract Documents maintained in the Public Works Departmentlof the City of Newport Beach, ali of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No, 3279 and the terms therecif require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and western Surety Company i duly authorized to transact business under the laws of the State of California a'+ Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport Beach, in th� sum of * Dollars ($ 189,100.00. ) lawfui money of th�'z United States of America, said sum: being equal to 1001/c of the estimated amount of the Contract, to be paid to the City of Newport Beach, Its successors, and assigns; for which payment wFJi and truly to be made, we bind ourselves, our heirs, executors and administrators, successors,ior assigns, jointly and severally, firmly by these present. *One Hundred Eighty Nine Thousand One Hundred and no /100 - - - -- THE =. CONDITiON OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principals heirs, execuitors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perforr!,n any or all the work, covenants, conditions, and agreements in the Contract Documents, ;? and any alteration thereof made as therein provided on its part, to be kept and performed s1t the time and in the manner therein specified, and in all respects according to its true intent and rheaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, ':employees and agents, as therein stipulated, then, Surety will faithfully perform the same, In an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become nui and void. 28 EWER OF Al` TOWE ' Onevocab Know All Men by Zheseesents: No. SP- 22711410 A That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That Western Surety Company, a corporati , on does hereby snake, constitute and appoint the following TWO F 2 ] authorized individuals: in the city of NFH HOPF , State of PENNSYLVANIA , with limited authority, its true and lawful Anomey(s) in fact with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described band: 610 PERFORMANCE ^AND /QR.PAYMENT BOND IN ADDITION THE RELATED TRANSACTIONS SUCH AS CONSENTS OF SUREfY, RIDERS AND LETTERS OF INTENT MAINTENANCE AND WARRANTY BONDS PROVIDIAG THE BOND- PENALTY DOES NbT EXCEEO THREE MILLION ANDrNO1160 DOLLARS (**3'000 000.00). The acknowledgment and execution of such bond by die Said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. All authority hereby conferred shall expire and terminate, without notice. unless used before midnight of MAY 31. 2007, but until such time shall be irrevocable and in full force and effect. WESTF.[W.'•S. F;GbMPANY further ceniftes that the following is a tae and exact copy of Section 7 of the By -Laws of Western Surety Company, duly adopted and now in for ti a'Sxtjo'b ,A1ll bonds, policies. undcrtaldngs, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of rite Company by toe. Pmst2erlt ;1xSecretery; -any"tsmsmm Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice Yg'sid�at {Su�tartl, Bay, RsStsfpn[`.$ecuniery, or the Treasurer may appoint Aaomeys in Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the mm�e -df the Cnmpanv, `[11e cprpoie;Ie seal is not necessary for rho validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The ago- '`aju(e of+any such offc ., on, d'ihecoryorate seal may be printed by facsimile: `* is Ana] amount of rite egAccein described may be increased if there is attached to this Power, written authority so authorizing in the form of an endorsement, letter or fegegr m signestl by thc Senior UMeiivridng Officer, Underwriting Officer, President, Vice President, Assistant Vice President, Treasurer, Secretary or Assistant Secretary of Western StUet vOomptmy p caay augmniing said increase, r? At•. NESS$ 2002 estem Surety Company has caused these presents to be executed by its Senior Vice President with its corporate scal affixed this 1St its "t WESTE N SURETY COMPANY STATE OF SOUTH DAKOTA COUNTY OF MINNEHAHA Senior Vice A dent On this 1St day of APril in the year 2002 -, before me, a Notary Public, personally appeared Paul T. Bratsk, who being by me only swum, adin.ledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. D. 4\rrrrrr R Krwrrwr\ \r\r ♦ ftr D. ELL NOUTH PUBLIC i ElL SDUTIi DAItOrA sFat Notary Public, South Dakota My Commission Expires November 30, 2006 1, the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hernby terrify that the attached Power of Anomey is in full force and effect and is irrevocable; aid fortherriore, that Section 7 of the By -Laws of the company as set forth in rite Power of Alromev, is now in force. In testimony whereof. I have hercunm set my hand and the seal of Western Surety Company this ^ 1.9 Ch day of June 2002 *IMPORTANT: This date must be filled in before it is attached WESTE SURETY COMPANY to the bond and it must be the same date as the bond. gt, Form 749 -4 -2002 Senior Vice Pre ens NOTICE: Thls border must be BLUE. If a is not BLUE, mm is not a certified copy. -- - -f 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVorme M. Harkless, CMC May 15, 2003 Southland Construction P.O. Box 1629 Anaheim, CA 92815 Subject: Irvine Avenue Median Improvements from Westcliff Drive to Dover Drive (C -3279) To Whom It May Concern: On March 11, 2003, 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 April 10, 2003, Reference No. 2003000398055. The Surety for the contract is Western Surety Company, and the bond number is 22711410. Enclosed is the Labor & Materials Pavment Bond. SincereIv, LaVonne M. Harkless, CMC City Clerk LMH:Iib cc: Public Works Department Fong Tse, Project Manager encI. 3300 Newport Boulevard • Post Office Box 1768 Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 3279 BOND NO. 22.711410 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted,, has awarded to Name of Contractor, hereinafter designated as the "Principal," a contract for construction of IRVINE AVENUE MEDIAN IMPROVEMENTS FROM WESTCLIFF DRIVE TO [iIOVER DRIVE, Contract No. 3279 in the City of Newport Beach, in strict conformity with the pla ^s, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3279 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontracti")rs, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or abouil the performance of the work agreed to be done, or for any work or labor done thereon of a,ry kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOVf, THEREFORE, We the undersigned Principal, and, Western Surety Companv duly authorized to transact business un�Jer the laws of the State of California, as Surety, (referred to herein as "Surety ") are held firmly bjbund unto the City of Newport Beach, In the sum of L Dollars ($ ^i 159, 1.00.00 ) lawful money of the United States of America, said sum being eq"i�to 100 °0 of the estimated amount payable by the City of Newport Beach under the terms of theContract; for which payment well and truly to be made, we bind ourselves, our heirs, executors aind administrators, successors, or assigns, jointly and severally, firmly by these present. *Otte Hundred Eighty Nine Thousand One Hundred and no /t00 - - - -- THE'iCONDITiON OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontracti!jrs, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other 0ork or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld ar,'d paid over to the Employment Development Department from the wages of employees j f the,Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not laxceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligaticins of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 26 The Viond shall inure to the benefit of any and all persons, companies, and corporations entitled to fil li claims under Section 3181 of the California Civil Code so as to give a right of action to them or thFir assigns In any suit brought upon this Bond, as required by and in accordance with the provisionis of Sections 3247 et, seq, of the Civil Code of the State of California. And ! Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterat ons or additions to the terms of the Contract or to the work to be performed thereunder c'r the specifications accompanying the same shall in any wise affect its obligations on this Bond, amid it does hereby waive notice of any such change, extension of time, alterations or additions to Itne terms of the Contract or to the work or to the specifications. In th9 event that any principal above named executed this Bond as an individual, it is agreed that ithe death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN VNIITNESS WHEREOF, this instrument has been duly executed by the above named Principaf an6 Surety, on the 19th day of June 2002. SouthlandFConstruction dame of Contractor (Princii�al) Authorized Signature/Title Western Ss rety Company Jame of Suiuety -;X—uthonzed Ayvent Signature P.O. Sox ;5077 Sioux Fat s, SD 57117 Address of 9i >urety Telephone John D. Weisbrot, Attorney- In -Far_t Print Name and Title NOTARY !ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk' City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 • Recorded in official Records, County of orange Tom Daly, Clerk- Recorder IIII! Illtlllil! 11 FEE 2011031�0III0II0II39 8055�1f10'3131am 04110@3 117 92 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, Califomia, 92663, as Owner, and Southland Construction, as Contractor, entered into a Contract on June 11, 2002. Said Contract set forth certain improvements, as follows: Irvine Avenue Median — Improvements From Westcliff Drive to Dover Drive (C -3279) Work on said Contract was completed on October 17, 2002, and was found to be acceptable on March 11, 2003, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Western Surety Company. fc W6rks Director of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on 1!c /c C % /i ,?� C'C' -� at Newport Beach, California. BY�; City Clerk 4 1 SEW PO • . o� o� CITY OF NEWPORT BEACH h OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC March 17, 2003 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the Irvine Avenue Median — Improvements from Westcliff Drive to Dover Drive Project (C- 3279); and Notice of Completion for the 2001 -2002 Balboa Island Bayfront Repairs Project (C- 3458); and Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, CIVIC City Clerk Enclosures 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (9491644-3005 - Fax: (949) 644 -3039 - www.city.newport- beach.ca.us RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 " xempt om ing fees pursuant to Government record 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 GCI Construction, Inc., as Contractor, entered into a Contract on May 14 2002. Said Contract set forth certain improvements, as follows: 2001 -2002 Balboa Island Bavfront Repairs (C -3458) Work on said Contract was completed on November 27. 2002, and was found to be acceptable on March 11 2003, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Travelers Casual & Surety Comeanv of America. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on 12 -rr& 1 7 ';?L%'61 at Newport Beach, California. BY �Y�i1, M, I � r� City Clerk CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 4 March 11, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY FROM: Public Works Department Fong Tse, Associate Civil Engineer 949 - 644 -3340 ftse@city.newport-beach.ca.us C BY THE CRY COUNCIL CITY OF NEWPORT BEACH APPRUVII) SUBJECT: IRVINE AVENUE MEDIANS, CONTRACT NO. 3279 —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 June 11, 2002, the City Council authorized the award of contract for the Irvine Avenue Median Improvements from Westcliff Drive to Dover Drive to Southland Construction of Anaheim, California. This project was cooperatively funded with the City of Costa Mesa. The contract provided for the construction of stamped median concrete, 2 -foot high masonry slough walls along the length of the medians, and the installation of moisture barrier, mulch, shrubs, and an irrigation system. In addition, minor PCC sidewalk, curb and gutter were reconstructed, and tree roots pruned at select locations within two blocks of Francisco Drive. The construction portion of the contract has now been completed to the satisfaction of the staff. However, some of the work to complete this project was performed by the General Services Department due to the contractors inability to complete the work. Since the start of construction, extraordinary efforts were required of Public Works and General Services staff to ensure Southland Construction followed proper safety and SUBJECT: Irvine Avenue Media ntract No. 3279 - Completion And Acceptance • March 11, 2003 Page 2 construction practices. In addition, on numerous occasions the City of Costa Mesa and the Newport -Mesa Unified School District staff expressed their dissatisfaction with the manner that Southland executed the construction work. Some of the problems encountered by City staff throughout the project duration included: • Marginal work quality requiring extensive daily staff inspection and interventions. • Refusal to promptly correct deficiencies. • Refusal to apply for and obtain the necessary City of Costa Mesa encroachment permit. • Disregard of City Stop Work Directives and continued work without proper insurance coverage. • Disregard of City Directives to vacate the Mariners Elementary School parking lot and the Constellation Drive street end staging areas. • Unauthorized weekend work without proper traffic and construction zone controls. • Inability to properly care for the newly planted landscaping to the extent that City forces had to take charge of the new improvements. A summary of the contract cost, including deductive adjustments, is as follows: Original bid amount: $189,100.00 Actual amount of bid items constructed: $181,756.00 Total amount of change orders: $22,019.83 Final contract cost: $203,775.83 The increase in bid item work quantities and the extra work constructed over the original bid amount were due to unforeseen changed field conditions. However, these extra costs were offset by approximately $9,500 of payment deductions made against the marginal work quality of the colored stamped concrete and the planted shrubs and the plant establishment and maintenance bid item deletion. As a result, the net final overall construction cost including change orders was 7.76 percent over the original bid amount. A total of five change orders were issued to complete the project. They were: 1. A change order in the amount of $8,410.00 provided for the additional pruning of seventy -nine tree roots; the removal and disposition of excess native materials and buried interfering debris in the median; and the replacement of fourteen electrical pull boxes. 2. A change order in the amount of $6,658.83 provided for the irrigation system water service lateral and flow sensor cabling installation at an alternate location. 3. A change order in the amount of $3,960.00 provided for the installation of electrical service connection for the irrigation system at an alternate location. SUBJECT: Irvine Avenue Media�ntract No. 3279 - Completion And Acceptance • March 11, 2003 Page 3 4. No cost 20 -day time extension due to the delayed availability of Southern California Edison power supply. 5. A change order in the amount of $2,991.00 provided for the cost differential in upgrading the backflow preventer enclosure material to stainless steel; the installation of additional irrigation laterals and sprinkler heads within the medians; and a 4 -day no cost time extension for the extra work. Funds for the project were expended from the following accounts: Description Circulation and Transportation Contributions (from City of Costa Mesa) Account No. Amount 7261- C5100488 $118,775.83 7251- C5100488 $ 85,000.00 TOTAL $203,775.83 With the change order time extensions, all construction work was substantially completed on October 17, 2002. Due to Southland's continued difficulty with proper landscape maintenance, Public Works staff with the support of the General Services Department decided to delete the Plant Establishment and Maintenance bid item from the contract and perform the remaining maintenance using City forces. The City of Newport Beach and the City of Costa Mesa will equally share the cost for landscape maintenance of these medians. The City of Newport Beach will perform the maintenance and will invoice the City of Costa Mesa for their prorata share on an annual basis. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines at the time the project was authorized by the City Council. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. The project involved the beautification of the existing median landscaping and hardscapes and did not impact any environmental resources. Pre d Cam, FoPVTse Associate Civil Engineer 4ub d b • G. Badum orks Director Attachments: Various Public Works Department Deficiency Notifications to Southland Construction CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 1768 NEWPORT BEACH, CA 92658 -8915 FAX COVER SHEET DATE: 8114/02 COMPANY: Southland Construction ATTENTION OF: Ray Mohamed! FAX NUMBER: 714 - 535 -1478 SUBJECT: Irvine Ave Median Improvements, C -3279 FROM: Gunther FAXED BY: PHONE NUMBER: (949) 644 -3311 FAX NUMBER: (949) 644 -3318 NUMBER OF PAGES INCLUDING COVER SHEET: 1 COMMENTS: The School District contacted us today. They said that they have written to Southland twice to have Southlands equipment and materials removed from their parking lot, but with no response from Southland. Your equipment and materials must be removed from the school parking lot by the end of the day Friday, August 16, 2002. No work is to be done by Southland after this date if the materials and equipment is not removed. Any damage to the parking lot must be repaired by Friday, August 23, 2002. Cc: Nick, Fong, Bill, Randy Kearns Erik Jetta, School District Please Notify Sender If Transmission Is Incomplete. CITY OF NEWAT BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 1768 NEWPORT BEACH, CA 92658 -8915 FAX COVER SHEET DATE: 8122102 FAX NUMBER: 714 - 535 -1478 COMPANY: Southland Construction ATTENTION OF: Ray Mohamedi SUBJECT: Irvine Ave Median Improvements, C -3279 FROM: Gunther FAXED BY: PHONE NUMBER: (949) 644 -3311 FAX NUMBER: (949) 644 -3318 NUMBER OF PAGES INCLUDING COVER SHEET: 1 COMMENTS: Reminder - Per my letter of August 14, Southland was to have all their equipment out of the school parking lot by Friday, August 16. There are still Southland materials and vehicles in the parking lot. These must be removed. Work will be suspended on Monday August 26 if the parking lot is not vacated and repaired of any contractor damage. Please Notify Sender If Transmission Is Incomplete. 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 1768 NEWPORT BEACH, CA 92658 -8915 0 Project File FAX COVER SHEET DATE: 10/17/02 FAX NUMBER: & Mail COMPANY: Southland Construction 211 S. State College Blvd., B1, #311 Anaheim, Ca. 92806 ATTENTION OF: Ray Mohamedi SUBJECT: Irvine Ave Median Improvements, C -3279 1 FROM: R. Gunther FAXED BY: 714- 535 -1478 OCT 17 2009, PHONE NUMBER: (949) 644 -3311 FAX NUMBER: (949) 644 -3318 NUMBER OF PAGES INCLUDING COVER SHEET: 1 COMMENTS: Your crews were working on the project on Saturday and Sunday of the last weekend. Per Section 6 -7.4 of the Special Provisions of your contract, no work is allowed on weekends without written permission from the City. Any unauthorized work activities on the weekend will be shut down by City police. Also, your crews were violating safety and contractual requirements, including, - Traffic control was inadequate and a safety hazard, - and in violation of the WATCH manual. The lane closure taper was of insufficient length and there was no arrowboard. - Water pollution control requirements were violated. Workers power- washed the brick pavers and allowed the materials to drain into the gutters and storm drains. Water pollution control regulations and specifically Section 7 -8.6 "Water Pollution Control' of the Special Provision of your contract, requires that such surface runoff water be treated by filtration or retention in settling basins. Cc: S. Badum, B, Patapoff, M. Puglisi, F. Tse, M. Lomelli Please Notify Sender If Transmission Is Incomplete. 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 1768 NEWPORT BEACH, CA 92658 -8915 DATE: 10/17/02 COMPANY FAX COVER SHEET FAX NUMBER: & Mail Southland Construction 211 S. State College Blvd., B1, #311 Anaheim, Ca. 92806 ATTENTION OF: Ray Mohamedi SUBJECT FROM Irvine Ave Median Improvements, C -3279 STOP WORK NOTICE R. Gunther g, , FAXED BY: 714 -535 -1478 PHONE NUMBER: (949) 644 -3311 FAX NUMBER: (949) 644.3318 NUMBER OF PAGES INCLUDING COVER SHEET: 1 COMMENTS: Your General Liability insurance has expired, therefore all work on the project must stop effective today October 17, 2002. No workers will be allowed on the site. We have contacted your insurance company and have attempted to contact you regarding this matter since Monday October, 14. No work may proceed until proper insurance documents are received and approved by the City. Please contact Shari Rooks of this office at 949 - 644 -3311 in order to submit the appropriate documents. Cc: S. Badum, B, Patapoff, M. Puglisi, L. Thompson, M. Lomelli Please Notify Sender If Transmission Is Incomplete. CITY OF NEWART BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 1768 NEWPORT BEACH, CA 92658 -8915 FAX COVER SHEET DATE: 11/05/02 FAX NUMBER: & Mail COMPANY: Southland Construction 211 S. State College Blvd., B1, #311 Anaheim, Ca. 92806 ATTENTION OF: Ray Mohamedi SUBJECT: Irvine Ave Median Improvements, C -3279 2nd - STOP WORK NOTICE FROM: R. Gunther FAXED BY: 714 - 535 -1478 PHONE NUMBER: (949) 644 -3311 FAX NUMBER: (949) 644 -3318 NUMBER OF PAGES INCLUDING COVER SHEET: 1 COMMENTS: As noted in our letter of October 17, 2002, no work was to proceed until proper insurance documents are received and approved by the City. The original insurance endorsements have not been received and therefore your insurance has not been approved. Therefore, no work is allowed on the site. Cc: S. Badum, B, Patapoff, M. Puglisi, L. Thompson, M. Lomelli Please Notify Sender If Transmission Is Incomplete. 0 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 NEWPORT BLVD. P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949)644 -3311 November 5, 2002 Ray Mohamedi FAX: 714 -535 -1478 Southland Construction 211 S. State College Blvd., 4311 Anaheim, CA 92806 Subject: Irvine Avenue Median Improvements, (C -3279) 5 Day Notice to Cure Dear Mr. Mohamed'+: The City has informed your firm several times, including in our letter of October 17, 2002, that your insurance had expired and that you needed to provide proper insurance documentation to the City. As of this date the original insurance certificate endorsements still have not been delivered to the City for either the liability or the auto coverage. Southland Construction is required to comply with the contract agreement, which includes the requirement of the contractor to, "furnish City with certificates of insurance and with original endorsements effecting coverage required by this contract." Per Section 6-4 of the Greenbook Specifications, this letter serves as a 5 Day Notice to Cure. Southland Construction must provide the original document endorsements within five days or the City will take over the completion and maintenance of the work. These documents must be received in our office by 5 p.m. on Wednesday, November 13, 2002. Sincerely, Steve / Public Works Director V� I: \USERS \PBW\Shared \Contracts \FY 01 -D2 \IRVINE AVE MEDIAN IMPROVEMENTS. WESTCLIFF TO DOVER C- 3279 \Cure Notice- 11 -5.doc CITY OF NEWPORT BEAC PUBLIC WORKS DEPARTMENT P.O. BOX 1768 NEWPORT BEACH, CA 92658 -8915 X007 r r -! FAX COVER SHEET DATE: 11/18/02 FAX NUMBER: 714 - 535 -1478 & Mail COMPANY: Southland Construction 211 S. State College Blvd., B1, #311 Anaheim, Ca. 92806 ATTENTION OF: Ray Mohamedi SUBJECT: Irvine Ave Median Improvements, C -3279 Storage Area on Constellation Drive FROM: R. Gunther FAXED BY: PHONE NUMBER: (949) 644 -3311 NUMBER OF PAGES INCLUDING COVER SHEET: _1' COMMENTS: FAX NUMBER: (949) 644 -3318 All materials and equipment must be removed from Constellation Drive by 3 pm, Thursday November 21, 2002. Cc: B, Patapoff, M. Puglisi, M. Lomelli, F. Tse Please Notify Sender If Transmission Is Incomplete. June 11, 2002 CITY COUNCIL AGENDA TO: Mayor and Members of the City Council 20 0 FROM: Public Works Department SUBJECT: COOPERATIVE AGREEMENT BETWEEN THE CITY Or Cub I A ME AND THE CITY OF NEWPORT BEACH FOR THE CONSTRUCTION OF MEDIAN LANDSCAPING AND HARDSCAPE IMPROVEMENTS ON IRVINE AVENUE BETWEEN WESTCLIFF DRIVE AND DOVER DRIVE, CONTRACT NO. 3279 RECOMMENDATION: Approve the Cooperative Agreement (Agreement) between the City of Newport Beach (Newport Beach) and the City of Costa Mesa (Costa Mesa) for the construction of median landscaping and hardscape improvements on Irvine Avenue between Westcliff Drive and Dover Drive, and authorize the Mayor and the City Clerk to execute the Agreement. DISCUSSION: Staff requests City Council approval of the Agreement for the construction of median landscaping and hardscape improvements along Irvine Avenue between Westcliff Drive and Dover Drive. The improvements include stamped colored concrete, concrete slough walls, trees, shrubs, ground cover, and irrigation systems. The City boundary between Newport Beach and Costa Mesa within the project limits generally exists along the centerline of Irvine Avenue, and therefore this project involves the cities of Newport Beach and Costa Mesa. Prior to constructing the proposed improvements, the Agreement must be executed by both the Newport Beach and Costa Mesa City Councils. The Costa Mesa City Council authorized its Mayor to sign the Agreement on June 3, 2002. The Agreement outlines the administrative, construction, and maintenance costs and responsibilities for Newport Beach and Costa Mesa. Newport Beach will supervise the construction of this project within the budgets and schedules established by both cities. The project plans, specifications, and cost estimates have been reviewed and approved by both cities. Construction will begin in late June 2002, and should be completed by mid - August 2002, prior to the start of fall session at Mariners Elementary School. The total cost for the project is estimated at $192,000, which includes a 10 percent contingency. Costa Mesa will reimburse Newport Beach for their share of the SUBJECT: COOPERATI REEMENT BETWEEN THE CITY OF COSTA A AND THE CITY OF NEWPORT' BEACH FOR *CONSTRUCTION OF MEDIAN LANDSCAPING A .ARDSCAPE IMPROVEMENTS ON IRVINE AVENUE BETWEEN WESTCLIFF DRIVE AND DOVER DRIVE, CONTRACT NO. 3279 June 11, 2002 Page 2 construction costs estimated at $85,000. The total cost for construction administration, survey, testing, and inspection is estimated at $20,000 of which Costa Mesa would be responsible for $10,000. The total annual irrigation and maintenance costs for the median improvements are estimated at $6,000. Costa Mesa will reimburse Newport Beach for 50 percent of the total annual cost at approximately $3,000. Costa Mesa is not currently contributing to the maintenance of the existing medians and trees. The contract for this work will be awarded this fiscal year. Funding is provided in the current Capital Improvement Program budget. Respectfully submitted, PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director By: 4v�— Fong t6e, P. E. Project Manager Attachments: Agreement Project Location Map IR VINE A VENUE MEDIAN IMPRO VEMEN TS (C- 32 79) , c� FIRE STATION 0 P MARINERS SCHOOL �s !j ry SJ. �FFT SHOPPING PLAZA , CORONADO A T NEWPORT APARTMENTS J6Tti S]. LEGEND ® WORK LOCATION L OCA TION MAP N. T. S. 0 0 COOPERATIVE AGREEMENT For Irvine Avenue Median Improvements from Westeliff Drive to Dover Drive This Agreement is made and entered into this day of , 2002, by and between the CITY OF NEWPORT BEACH ( "Newport Beach ") and the CITY OF COSTA MESA ( "CDsta.Mesa "): RECITALS WHEREAS, the median improvements as more particularly described in Exhibit "A", attached hereto and incorporated herein by this reference, on Irvine Avenue between Westcliff Drive and Dover Drive (the "Project "), is a project that involves both the cities of Newport Beach and Costa Mesa because the city boundary line between the two cities exists along the centerline of said medians on Irvine Avenue. WHEREAS, the parties acknowledge that the medians currently contain numerous eucalyptus trees (the "Trees ") that are currently existing and heretofore maintained by Newport Beach and shall remain the sole responsibility of Newport Beach. CONTRACT TERMS AND CONDITIONS 1. Newport Beach will supervise the construction of the Project to the best of its ability within the established budget and time frame, and shall implement and complete the Project under guidelines established jointly by Newport Beach and Costa Mesa, and will follow all public bid and contract procedures. 2. The terms of this Agreement cover the administrative responsibilities and cost allocation for said responsibilities of the parties with regard to the Project, but not the actual construction of the Project itself, although Newport Beach will be responsible for and cause the actual construction of the Project to be completed. 3. Costa Mesa has reviewed and signed the final design drawings and reviewed the engineer's construction cost estimate (Attachment "B "). Costa Mesa shall receive a complete breakdown of the construction costs of the apparent low bidder prior to award by the City of Newport Beach. If the low bid is more than six percent (6 %) above the engineer's estimated cost for Costa Mesa, Costa Mesa reserves the right to terminate this Agreement. If the bid is awarded, Newport Beach shall provide Costa Mesa with a complete breakdown of the actual costs prior to invoicing Costa Mesa, and Costa Mesa shall be invoiced for its proportional share of the costs incurred by Newport Beach upon completion of the construction work. 4. Subject to prior approval by Costa Mesa of the construction contract award, Costa Mesa will reimburse Newport Beach for Costa Mesa's share of forty -five percent of the construction costs (estimated at 585,000) and half of the costs for construction administration, survey, testing, and 0 0 The effective date of any notice or written communications sent by one party to the other shall be the date received if by personal service, the time of transmission if such communication is sent by facsimile; or 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark. 11. Each of the parties agrees to do all things in a timely manner reasonably necessary or convenient to carry out the spirit, intentions and objectives described in this Agreement whether or not expressly prescribed herein and no consent, agreement, approval, concurrence, decision, determination or action shall be unreasonably withheld by either party. 12. Prior to filing any legal action because of controversy or claim arising out of this Agreement or alleged breach thereof the parties agree that they shall first attempt resolution of said controversy or claim through voluntary mediation or as otherwise designated in writing by the City Manager of Newport Beach and the City Manager of Costa Mesa. Said City Managers shall be the selected representatives of each City to act in each respective City's behalf with respect to any controversy or claim arising out of this Agreement. 13. Except as specified in paragraph 14 herein below, each parry shall defend, indemnify, hold free and harmless the other party, its elected officials, its officers and employees, from and against any and all liability, claims, losses and demands, including attorney's fees and other reasonable costs incurred in defending any such claim, whether resulting from court action or otherwise, arising out of the acts, errors or omissions of the indemnifying party, its employees and/or authorized subcontractors, whether intentional or negligent, in the performance of this Agreement. 14. The City of Newport Beach shall defend, indemnify, hold free and harmless Costa Mesa, its elected officials, its officers and employees, from and against any and all losses, damages, liability, claims, allegations of liability, suits, costs and expenses, including attorney's fees and other reasonable costs incurred in defending any such claim, for. damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damage, or any other claims directly attributable to or caused solely by the existing Trees. 15. This Agreement represents the entire understanding of the parties as to those matters contained herein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered in this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of California, and construed as if drafted jointly by Newport Beach and Costa Mesa. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 16. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. This Agreement shall be made effective upon execution by both parties and shall remain in effect until both parties agree to amend or terminate it. 3 inspections (estimated at $10,000). Newport Beach will be responsible for the remaining fifty - five percent of the construction costs (estimated at $100,000) and half of the costs for construction administration, survey, testing, and inspections. The total cost of this project for Costa Mesa is estimated at $95,000. Newport Beach will invoice Costa Mesa when the Project is complete and Costa Mesa shall make payment to Newport Beach within thirty days of the invoice. 5. Change orders affecting Costa Mesa shall be reviewed and approved by Costa Mesa prior to Newport Beach granting approval to the contractor. 6. After construction of the Project has been completed, Newport Beach will arrange for and supervise the irrigation and maintenance of the improved medians (initially estimated at $6,000 per year). Costa Mesa will reimburse 50% of the total annual maintenance cost (Costa Mesa's share estimated at $3,000 per year) to Newport Beach annually and within thirty days of receipt of an invoice from Newport Beach. Within 30 days of request from Costa Mesa, Newport Beach shall provide Costa Mesa with an accounting of said maintenance costs with supporting documentations for the annual invoice. Notwithstanding the above, Costa Mesa shall not be responsible for any extraordinary costs associated with the existing Trees. Extraordinary costs include, but are not limited to, any costs for removal, trimming, disease control, replacement, or other costs directly attributable to the maintenance of said Trees. 7. Inspectors and/or engineers from both Cities will coordinate for construction inspections and a site walk prior to Project completion. 8. As referenced in the Drawings, Special Provisions, Proposal and Contract for the Project, "City" shall refer to Newport Beach and the contract responsibilities held by Newport Beach. 9. Newport Beach shall require that the independent contractor provide all necessary insurance coverage for construction work, as specified in Section 6 -1 of the Special Provisions and Section G of the Contract for the Project. Newport Beach and Costa Mesa shall be named as additionally insured parties in the Special Provisions and Contract for the Project, and shall be insured for the amounts specified in Section 6 -1 of the Special Provisions and Section G of the Contract. 10. The following staff members, or as otherwise designated in writing by the City Manager of Costa Mesa or the City Manager of Newport Beach, shall be the selected representatives of each City to act in each respective City's behalf with respect to this Agreement. Any notices, requests, approvals, or communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or first class U.S. Mail and shall be addressed to each representative as noted below: To Newport Beach: William Patapoff Public Works Department P.O. Box 1768 Newport Beach, CA 92658 -8915 (949) 644 -3311 2 To Costa Mesa: Bruce Hartley Public Services Department P.O. Box 1200 Costa Mesa, CA 92628 -1200 (714) 754 -5164 • • IN WITNESS WHEREOF, Newport Beach and Costa Mesa have caused this Agreement to be executed by its duly authorized officers and representatives, respectfully, on this day of _ 2002. CITY OF NEWPORT BEACH By: Tod W. Ridgeway, Mayor By: City Clerk APPROVED AS TO FORM: By: City Attorney CITY C}F COSTA MESA / e M Gy: City Clerk OUTY V— � 1U Mayor APPROVED AS TO FORM: i*ty: City Attorney 4 .ti r COOPERATIVE AGREEMENT For Irvine Avenue Median Improvements from Westeliff Drive to Dover Drive This Agreement is made and entered into this Ik day of 4�,>ti' 2002, by and between the CITY OF NEWPORT BEACH ( "Newport Beach' and the CITY OF COSTA MESA ( "Costa.Mesa "): RECITALS WHEREAS, the median improvements as more particularly described in Exhibit "A ", attached hereto and incorporated herein by this reference, on Irvine Avenue between Westcliff Drive and Dover Drive (the "Project "), is a project that involves both the cities of Newport Beach and Costa Mesa because the city boundary line between the two cities exists along the centerline of said medians on Irvine Avenue. WHEREAS, the parties acknowledge that the medians currently contain numerous eucalyptus trees (the "Trees ") that are currently existing and heretofore maintained by Newport Beach and shall remain the sole responsibility of Newport Beach. CONTRACT TERMS AND CONDITIONS 1. Newport Beach will supervise the construction of the Project to the best of its ability within the established budget and time frame, and shall implement and complete the Project under guidelines established jointly by Newport Beach and Costa Mesa, and will follow all public bid and contract procedures. 2. The terms of this Agreement cover the administrative responsibilities and cost allocation for said responsibilities of the parties with regard to the Project, but not the actual construction of the Project itself, although Newport Beach will be responsible for and cause the actual construction of the Project to be completed. 1 Costa Mesa has reviewed and signed the final design drawings and reviewed the engineer's construction cost estimate (Attachment "B "). Costa Mesa shall receive a complete breakdown of the construction costs of the apparent low bidder prior to award by the City of Newport Beach. If the low bid is more than six percent (6 %) above the engineer's estimated cost for Costa Mesa, Costa Mesa reserves the right to terminate this Agreement. If the bid is awarded, Newport Beach shall provide Costa Mesa with a complete breakdown of the actual costs prior to invoicing Costa Mesa, and Costa Mesa shall be invoiced for its proportional share of the costs incurred by Newport Beach upon completion of the construction work. 4. Subject to prior approval by Costa Mesa of the construction contract award, Costa Mesa will reimburse Newport Beach for Costa Mesa's share of forty -five percent of the construction costs (estimated at 585,000) and half of the costs for construction administration, survey, testing, and • • The effective date of any notice or written communications sent by one party to the other shall be the date received if by personal service, the time of transmission if such communication is sent by facsimile; or 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark. 11. Each of the parties agrees to do all things in a timely manner reasonably necessary or convenient to carry out the spirit, intentions and objectives described in this Agreement whether or not expressly prescribed herein and no consent, agreement, approval, concurrence, decision, determination or action shall be unreasonably withheld by either party. 12. Prior to filing any legal action because of controversy or claim arising out of this Agreement or alleged breach thereof the parties agree that they shall first attempt resolution of said controversy or claim through voluntary mediation or as otherwise designated in writing by the City Manager of Newport Beach and the City Manager of Costa Mesa. Said City Managers shall be the selected representatives of each City to act in each respective City's behalf with respect to any controversy or claim arising out of this Agreement. 13. Except as specified in paragraph 14 herein below, each party shall defend, indemnify, hold free and harmless the other party, its elected officials, its officers and employees, from and against any and all liability, claims, losses and demands, including attorney's fees and other reasonable costs incurred in defending any such claim, whether resulting from court action or otherwise, arising out of the acts, errors or omissions of the indemnifying party, its employees and/or authorized subcontractors, whether intentional or negligent, in the performance of this Agreement. 14. The City of Newport Beach shall defend, indenmify, hold free and harmless Costa Mesa, its elected officials, its officers and employees, from and against any and all losses, damages, liability, claims, allegations of liability, suits, costs and expenses, including attorney's fees and other reasonable costs incurred in defending any such claim, for. damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damage, or any other claims directly attributable to or caused solely by the existing Trees. 15. This Agreement represents the entire understanding of the parties as to those matters contained herein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered in this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of California, and construed as if drafted jointly by Newport Beach and Costa Mesa. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 16. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. This Agreement shall be made effective upon execution by both parties and shall remain in effect until both parties agree to amend or terminate it. 7 • i inspections (estimated at $10,000). Newport Beach will be responsible for the remaining fifty - five percent of the construction costs (estimated at $100,000) and half of the costs for construction administration, survey, testing, and inspections. The total cost of this project for Costa Mesa is estimated at $95,000. Newport Beach will invoice Costa Mesa when the Project is complete and Costa Mesa shall make payment to Newport Beach within thirty days of the invoice. 5. Change orders affecting Costa Mesa shall be reviewed and approved by Costa Mesa prior to Newport Beach granting approval to the contractor. 6. After construction of the Project has been completed, Newport Beach will arrange for and supervise the irrigation and maintenance of the improved medians (initially estimated at $6,000 per year). Costa Mesa will reimburse 50% of the total annual maintenance cost (Costa Mesa's share estimated at $3,000 per year) to Newport Beach annually and within thirty days of receipt of an invoice from Newport Beach. Within 30 days of request from Costa Mesa, Newport Beach shall provide Costa Mesa with an accounting of said maintenance costs with supporting documentations for the annual invoice. Notwithstanding the above, Costa Mesa shall not be responsible for any extraordinary costs associated with the existing Trees. Extraordinary costs include, but are not limited to, any costs for removal, trimming, disease control, replacement, or other costs directly attributable to the maintenance of said Trees. 7. Inspectors and/or engineers from both Cities will coordinate for construction inspections and a site walk prior to Project completion. 8. As referenced in the Drawings, Special Provisions, Proposal and Contract for the Project, "City" shall refer to Newport Beach and the contract responsibilities held by Newport Beach. 9. Newport Beach shall require that the independent contractor provide all necessary insurance coverage for construction work, as specified in Section 6 -1 of the Special Provisions and Section G of the Contract for the Project. Newport Beach and Costa Mesa shall be named as additionally insured parties in the Special Provisions and Contract for the Project, and shall be insured for the amounts specified in Section 6 -1 of the Special Provisions and Section G of the Contract. 10. The following staff members, or as otherwise designated in writing by the City Manager of Costa Mesa or the City Manager of Newport Beach, shall be the selected representatives of each City to act in each respective City's behalf with respect to this Agreement. Any notices, requests, approvals, or communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or first class U.S. Mail and shall be addressed to each representative as noted below: To Newport Beach: William Patapoff Public Works Department P.O. Box 1768 Newport Beach, CA 92658 -8915 (949) 644 -3311 2 To Costa Mesa: Bruce Hartley Public Services Department P.O. Box 1200 Costa Mesa, CA 92628 -1200 (714) 754 -5164 0 IN WITNESS WHEREOF, Newport Beach and Costa Mesa have caused this Agree ment to be ' execut d by its duly authorized officers and representatives, respectfully, on this 11tk day of 2002. CITY OF NEWPORT BEACH By: Tod W. Rid e ay, Mayor lie I-ML 4 CITY OF /COSTA MESA i By: Linda Dixon, ayor By: City Clerk APPROVED AS TO FORM: City Attorney 0 • CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS 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 15"' day of May 2002, at which time such bids shall be opened and read for IRVINE AVENUE MEDIAN.. IMPROVEMENTS FROM WESTCLIFF DRIVE TO DOVER DRIVE Title of Project Contract No. 3279 $192,000.00 Engineer's Estimate ien G. Badum Works Director O\4 "A G Q,\�GaJ r Prospective bidders may obtain one set of bid documents at actual cost at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: "A" For further information, call Fong Tse . Project Mangier at (949) 644 -3340 9 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE AVENUE MEDIANS IMPROVEMENTS FROM WESTCLIFF DRIVE TO DOVER DRIVE CONTRACT NO. 3279 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND ............................................................................... ..............................5 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ......................................................... .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA ........................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER .............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ................ .............................................. ....................... ....... SP -1 F 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE AVENUE MEDIANS IMPROVEMENTS FROM WESTCLIFF DRIVE TO DOVER DRIVE CONTRACT NO. 3279 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price; may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidders security shall be held until the Contract is executed. Bidders' security shall be returned to unsuccessful bidders within a reasonable time not to exceed 60 calendar days after the successful bidder has signed the Contract. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code 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. } 7� c-- 33 Contractor's License No. & Classification S cc- C✓.�6 l sv S Bidder Authorized Signature/Title Date 0 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE AVENUE MEDIANS IMPROVEMENTS FROM WESTCLIFF DRIVE TO DOVER DRIVE CONTRACT NO. 3279 We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Dollars ($ ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of IRVINE AVENUE MEDIAN IMPROVEMENTS FROM WESTCLIFF DRIVE TO DOVER DRIVE, Contract No. 3279 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 and provide the required original insurance documents for the construction of the project within thirty (30) days (not including Saturday, Sunday, and federal holidays) after the date of the mailing of "Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this day of 2002. Southland Construction (Principal) Name of Surety Authorized Signature/Title Authorized Agent Signature Address of Surety Print Name and Title Telephone (Notary acknowledgment of Principal & Surety must be attached) r Western Surety Company p Y F + BID BOND SP- 22708814 Bond No. KNOW ALL MEN BY THESE PRESENTS, that we, Southland Construction 1' as Principal, hereinafter called the Principal, and WESTERN SURETY COMPANY, P.O. Box 1068, Houston, Texas 77251 -1068, as Surety, hereinafter called the Surety, are held and firmly bound unto City of Newport Beach, 3300 Newport Bl., Newport Beach, CA 92663 Name, Address, City, State, Zip, Phone Number as Obligee, hereinafter called the Obligee, in the sum of 10 % of the amount of this bid not to exceed 10% of bid amount 1.1 1 10% of bid Dollars ($ ), 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 firmly by these presents. I• I� WHEREAS, the Principal has submitted a bid for Irvine Avenue Median Improvements I Contract #3279 I �1 �l I.I NOW, THEREFORE, If the contract be timely awarded to the Principal and the Principal shall within �1 j such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the I Principal to enter into such contract; if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the 1 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. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder less Obligee prior to I execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. SIGNED, sealed and dated this 15th day of May 2002 F Southland Construction Principal By Title W!ES':T R URETY COMPANY � � By � �1 Jo . Weisbrot Attorney -in -Fact ; Form F3492 - -- - - - - - -- - - - - -- -------------------------- POWER OF ATTORNEY . . Know All Men by These Presents: (Irrevocable) ND. SP- 22708814 That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That Western Sure[ Company, a corporation, does hereby make, constitute and appoint the following TWO Z authorized individuals: AUTHORIZED INDIVIDUALS AUTHORIZED INDIVIDUALS JOHN D WEISBROT JOHN G WEISBROT'.. I in the City of NEW HOPE , State of RENN.SYJ—VAN IA , with limited authority, its true and lawful Attorney(s) in fact with full power and authority hereby conferred, to sign, execute, acknowledge and deliver lift and on its behalf as Surety. the following described bond: BID PERFORMANCE AND /OR PAYMENT BOND IN ADDITION THE RELATED TRANSACTIONS SUCH AS CONSENTS OF SURETY, RIDERS AND LETTERS OF INTENT MAINTENANCE AND WARRANTY BONDS PROVIDING a *3 O BOND PENALTY DOES NbT EXCEED THREE MILLION AND NO /160 DOLLARS The acknowledement and execution of such bond by the said Attorney in Fact Shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of APRIL 30.2007, but until such time shall be irrevocable and In full force and effect WESTERN SURETY COMPANY further certifies that the rollmcing I, a true and exact copy tit Section 7 of the By -Laws of Wcstem Surrey Company. July adopted and new in force, no-wit: "Section 7. All bonds, policies, undertakings, Powers of Attorney. or other obligation, of the corporation shall bu executed in rho corponnic name ol'the Company by the Resident Secretary. any Assistant Secretary. Treasurer, or any Vice President, or by such other officers Its the Board of Director, may authow.,. The President. an, Vice Resident, Secretary, any Assistant Sclousry, nr the Treasurer may appoint Attorneys in Fact or Agent, who x91111 h¢se authority a, :sac hand,. poEucu, or undertakings in the name of dic Compuny. The corporate seal is tint rice,,arr for Ne calld'uy of any bonds, policies. undcnalorg , Pot'ers of Annntcy or other obligations of the corporation. The signature of any such officer and the corporate seal may, be primed by facsimile" The penal amount of the bond herein described may be Increased if there le auached to this Power, wruen amhodgq sn authorizing In the form of an cndontvrn6 Inner or telegram signed by rac Senior Ondeontinng Officer. Unders,rui g Office'. President. Vier, President. Aaeivam Vice president,'frca,uren Scxctary or Asistnnr Secretary of Wdstem .Avery Company specifically authorizing said increase. IN WITNESS WHEREOF, Western Surety Company has caused these present, m be executed by it., Senior Vice President uiJI iI, corporal seal affixed day of April _. 2002 N SURETY COMPANY STATE OF SOUTH DAKOTA ss. COUNTY OF MINNEHAHA On this Isl day of By / .Senior Vice Pre dent in the year before ono, a Nunn, f uhlic, personally op}varcd Puut T. Brinier, who Ming by me duly swuri acks,stcdgrd nxa he xfp oil the 'nX,1c Power of ,mumey ns no ahxv +aid ttifetr of `A'ES'rEkS SURETY COMPANY and ucAnn.ledped said imnvmem ut be the o unary act and decd of oud cmpumoi ii, D. KRELL , L NOTARY PUBLIC grAl , ..... ................. ....._, ..........._ ..!.. I . ........... _...... ..........._........,........_. ... -.... r i�SDUTN DAKOTA : ,,,,,,,,,,,,,,,,,,,,, • rotary Public, South Dakota My Commission Expires November 30. 2006 1. the undersigned nfrrcer of Wosrem Sumq, Company', a stock Corporation of the State of South Daknm, (to herchy ccnity that the anadied Pou'cr of Atomic., is in lull force and effect and is nreyocnhle; and furthermore, that Section 7 of the By -Laws of the company as sot fonh in the Power of Anonrey, is now in lince. In nsmimnny whereof I have hercumo set my hand and the seal of Western Surety Canpnny this'._ 15th day, 01' May_ 2002 IV ESTZZ SURETY COMPANY *IMPORTANT: This date must be filled in before it is attached to the bond and it must be the same date as the bond. By, Form 79994002 Senior Vice 4Prent NOTICE: This border must ea BLUE. d It is not BLUE, Ibis is na a cenhed copy.' - --f 0 0 WESTERN SURETY COMPANY Sioux Falls, South Dakota Statement of Condition and Affairs December 31, 2001 ASSETS Bonds $ 415,593,616 Stocks 46,832,885 Cash & short-term investments 32,609,539 Other invested assets 240,639 Agents balances or uncollected premiums 49,539,790 Reinsurance recoverable on loss payments 13,812,574 Electronic data processing equipment and 5,332,313 operating software 187,335,995 Interest, dividends and real estate income 6,822,877 due and accrued 10,406,507 Federal income tax recoverable 14,309,358 Other assets 4. 019.177 Total Assets $ 589.112.768 LIABILITIES AND SURPLUS Losses $ 75,658,806 Reinsurance payable on paid loss and loss 6,182,637 adjustment expenses Loss adjustment expense 33,445,323 Contingent and other commissions payable 9,774,000 Other expense 13,914,597 Taxes, licenses and fees 1,299,650 Unearned premiums 187,335,995 Policyholders dividends declared and unpaid 347,826 Payable for securities 10,406,507 Retroactive reinsurance reserve assumed 33,487,642 Other liabilities 9,914,714 Total Liabilities 381,767,697 Surplus Account: Capital paid up S 4,000,000 Gross paid in & contributed surplus 131,864,948 Unassigned funds 71,480.123 Surplus as regards policyholders $ 207,345,071 Total Liabilities and Capital $ .589 1 12.768 I, Phil Lundy, Vice President and Treasurer of Western Surety Company hereby certify that the above is an exact copy of the financial statement of the Company dated December 31, 2001 as filed with the various Insurance Departments and is a true and correct statement of the condition of the Western Surety Company as of that date. FWU HRYN J. SCHROEDER Western Surety Company NOT ARY PUBLIC ' SOUTH DAKOTA , By Vlce President, Treas er Subscribed and sworn to me this aO day of�2br 2002. My commission expires•'Uu. 2� Notary Pub c KATHRYN I SCHROEDER My Commission Expires 7- 21.2003 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE AVENUE MEDIANS IMPROVEMENTS FROM WESTCLIFF DRIVE TO DOVER DRIVE CONTRACT NO. 3279 DESIGNATION OF SUBCONTRACTORIS) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Name, Address, Telephone # Bid Item Number Description of Work Percent of Total Bid 0 �0 �� <V�" Tt��G-\r- V\4 / 6, 4,,W� Bidder Authorized Signature itle • i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE AVENUE MEDIANS IMPROVEMENTS FROM WESTCLIFF DRIVE TO DOVER DRIVE CONTRACT NO. 3279 TECHNICAL ABILITY AND EXPERIENCE REFERENCES FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 f Project Name /Number r c Project Description Approximate Construction Dates: From I To: C? (? Agency Name Aa Contact Person �j t - Telephone Original Contract Amount $ l� final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) O 9 Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 2 Project Name /Number Project Description 0 Ct-:'� c r Approximate Construction Dates: From Agency Name 1) (= C� E Ta.- — �3 -7 Q l Contact Person r (-A �` �r ��. \r- Telephone Original Contract Amount $/ j y4inal Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Gv( Project Name /Number _ Project Description Approximate Construction Dates: From _.2- >') cT�)--/�/ M Agency Name � l Contact Person �!!c� (Telephone Original Contract Amount $-4 Flna(Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) 7 Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? if yes, briefly explain and indicate outcome of claims. 3 No. 4 L Project Name /Number Project Description Approximate Construction Dates: From 19 To: Agency Name Contact Person l/ / J- 1 Telephone ( ) n Original Contract Amount $ .3 �ial Contract Amount $ C) If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name /Number,ZI( Project Description Approximate Construction Dates: Fri Agency Name _ To:Sl -p L, & r' Contact Person�� . �^ iefephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. it 0 0 No. 6 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Bidder Authorized SignatureMtle 10 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE AVENUE MEDIAN IMPROVEMENTS FROM WESTCLIFF DRIVE TO DOVER DRIVE CONTRACT NO. 3279 NON - COLLUSION AFFIDAVIT State of California ) ss. County of being first duly swor"poses says that he or e is ✓ nl c r of ti c c11�— the party, a�i king the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of erjury of the laws of the State of California that the foregoing is true and correct. Bidder Authorized Signature/Title Subscribed and sworn to before me this 3 T_N day of 2002. [ A" My Commission Expires: 11 «T1 zr�c• C1 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE AVENUE MEDIANS IMPROVEMENTS FROM WESTCLIFF DRIVE TO DOVER DRIVE CONTRACT NO. 3279 Bidders name g-0 u Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond type): 6 " 6 Ao / ,p 12 E CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE AVENUE MEDIANS IMPROVEMENTS FROM WESTCLIFF DRIVE TO DOVER DRIVE CONTRACT NO. 3279 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Current 1 1 1 2 2 Year of 9 9 9 0 0 Record 9 9 9 0 0 Total Year 2002 7 8 9 0 1 No. of contracts Total dollar Amount of Contracts (in y Thousands of$ ) No. of fatalities No. of lost a� Workday Cases No. of lost workday cases involving permanent transfer to another job or termination '� C of em to ment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 0 0 Legal Business Name of Bidder ° R, C" � C-t'-'- f Business Address: i i S- C - -Z' Business Tel. No.: State Contractor's License No. and Classification: / Title a r The above information was compiled from the records that are available to me at this time and l declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date 2 Title Signature of bidder Date Title 4D "- Signature of bidder C� Date Title i Signature of bidder Date Title . s If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnershipljoint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 IRVINE AVENUE MEDIANS IMPROVEMENTS FROM WESTCLIFF DRIVE TO DOVER DRIVE CONTRACT NO. 3279 ACKNOWLEDGEMENT OF ADDENDA Bidders name �10 `lk ` The bidder shall signify receipt of all Addenda here, if any: re 15 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE AVENUE MEDIANS IMPROVEMENTS FROM WESTCLIFF DRIVE TO DOVER DRIVE CONTRACT NO. 3279 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: Business Address: 0 °� (�� 2- 1 Telephone and Fax Number: L--L�' , _ e-:: rt �- � California State Contractors License No. and Class: b k 3 7 (REQUIRED AT TIME OF AWARD) Original Date Issued: L� Expiration Date: j f ✓ List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone IL , N/�x� G, C v �, O v j�! k ✓ ? 0,5' 7 ' -,-< �/2 j -7t `i h -L r� ) Corporation organized under the laws of the State of 0 0 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. Have you ever failed to complete a project? If so, explain. NO For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual fo r ? ompliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.) ?Ye / No Are any claims or actions unresolved or outstanding? Yes /( 17 0 0 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. (Print name of Owner or President of Corporation /CrompaZ4 A-A Bidder Authorized SignatureMtle 0 '_'r J'J-9 f Title S_ /-1 — _✓ -Z. Date 1-Y Subscribed and sworn to before me this day of 2002. IS L] 18 0 9 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE AVENUE MEDIANS IMPROVEMENTS FROM WESTCLIFF DRIVE TO DOVER DRIVE CONTRACT NO. 3279 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property- Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 19 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE AVENUE MEDIANS IMPROVEMENTS FROM WESTCLIFF DRIVE TO DOVER DRIVE CONTRACT NO. 3279 CONTRACT THIS AGREEMENT, entered into this _ day of , 2002, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Southland Construction, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: IRVINE AVENUE MEDIAN IMPROVEMENTS FROM WESTCLIFF DRIVE TO DOVER DRIVE Project Description 3279 Contract No. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3279, 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. 20 0 0 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of one hundred eighty-nine thousand, one hundred and 00/100 Dollars ($189,100.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. 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: Fong Tse (949) 644 -3340 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: CONTRACTOR Southland Construction P.O. Box 1629 Anaheim, CA 92815 714 -488 -2891 714 - 535 -1478 Fax Contractor, by executing this Contract, "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 • • insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 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 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self - insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 22 0 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract 23 0 0 amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 0 0 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. _ CITY CLERK �- W 25 CITY OF NEWPORT BEACH A Municipal Corporation � I By.�� Mayor SOUTHLAND CONSTRUCTION_,, By. L�av Authorized Signature and Title • • WESTERN SURETY COMPANY Sioux Falls, South Dakota Statement of Condition and Affairs December 31, 2001 ASSETS Bonds $ 415,593,616 Stocks 46,832,885 Cash & short -term investments 32,609,539 Other invested assets 240,639 Agents balances or uncollected premiums 49,539,790 Reinsurance recoverable on loss payments 13,812,574 Electronic data processing equipment and 5,332,313 operating software Interest, dividends and real estate income 6,822,877 due and accrued Federal income tax recoverable 14,309,358 Other assets 4.019,177 Total Assets $ 5S9 112 768 LIABILITIES AND SURPLUS Losses $ 75,658,806 Reinsurance payable on paid loss and loss 6,182,637 adjustment expenses Loss adjustment expense 33,445,323 Contingent and other commissions payable 9,774,000 Other expense 13,914,597 Taxes, licenses and fees 1,299,650 Unearned remiums 187,335,995 Policyholders dividends declared and unpaid 347,826 Payable for securities 10,406,507 Retroactive reinsurance reserve assumed 33,487,642 Other liabilities 9.914.714 Total Liabilities 381,767,697 Surplus Account: Capital paid up S 4,000,000 Gross paid in & contributed surplus 131,864,948 Unassigned funds 71.480.123 Surplus as regards policyholders $ 207.345.071 Total Liabilities and Capital $.289.112.76 I, Phil Lundy, Vice President and Treasurer of Western Surety Company hereby certify that the above is an exact copy of the financial statement of the Company ated December 31, 2001 as filed with the various Insurance Departments and is a true and correct statement of the condition of the Western Surety Company as of that date. KATHRYN J. SCHROEDER ssu NOTARY PUBUC s SDUni DAKOTA Subscribed and sworn to me this JO My commission expires: KATHRYN J. SCHROEDER My Commission Expires 7- 21.2003 Western Surety Company By Vice President, Treab4er day of Tebr uo r 2002. Notary Pub c 70. CERTIFICA �ngton Pacific Ins. Agency ,072 Florida St. Ste. 302D Huntington Beach CA 92648 Phone:714- 841 -6283 INSURED Southland Construction Ray Mohamadi P.O Box 1629 Anaheim CA 92815 COVERAGES OF LIABILITY INSU NCE, CSR MH DAi oe2 /oz THIS CERTIFICATE IS FMED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ! HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURERS AFFORDING COVERAGE INSURER A. _General Security Insurance Co. I INSURER U Mercury Casual -t -'Company_: _ INSURER CI INSURER D: INSURER E' j 11 I I THE POUOIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD IN CAID., NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFIC TE lGly�'. BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLIGIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM$ EXCLUSIONS N ("hm DITIONS OF SUCH _1 POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ) TNSR- ---- JJ —J - -- — — - - - — - - -- ULICY EiFFtCTIVE'POLICY f-X PIMATION :_'- '� - - -- -- - -'- - - LTR: TYPE OF INSURANCE POLICY NUMB ER I DATE DATE(MMIDDM') LIMITS D/Y I GENERAL LIABILITY EACH OCCURRENCE S 1 000,000 - A COMMERCIAL GENERAL -LIABILITY - X22- L24005928 I _ ! 10/04/01 10/04/02 FIRE DAMAGE(Any one lire) $100,000 CLAIMS MADE X. OCCUR MED EXP IA" one person) S S,000 PERSONAL & ADV INJURY S 1 , 000 , 00C GENERAL AGGREGATE - 52,000,000 • GEN'LAGGREGATE LIMITAPPLIES PER I IPRODUCTS - COMP /OP AGO S 1,000, 000 POLICY ' JPE') LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1 000 000 ANYAUTO Iraamdenp , , ALL OWNED AUTOS BODILY INJURY B X� SCPEDULEDAU70S AC 11048410 - 08/30/01 08/30/02 SPer person) S 1 X HIRED AUTOS BODILY INJURY X NON -OWNED AUTOS - (Per.c,denp S PROPERTY DAMAGE S (Per accldenQ i GARAGE LIABILITY - I AUTO ONLY - EA ACCIDENT S - ANY AUTO I OTHER THAN £A ACC S i v AUTO ONLY'. AGO 5 J EXCESS LIABILITY ^' EACH OCCURRENCE — S _ II OCCUR _ CLAIMS MADE I - 'AGGREGATE S 1 f - DEDUCTIBLE y S I RETENTION S g WORKERS COMPENSATION AND TORY LIMIT$ ER EMPLOYERS' LIABILITY ,,, _,_ _ EL. EACH ACCIDENT S EL DISEASE- EAEMPLOYEE ' S 1 - E. L, DISEASE - POLICY LIMIT '.S OTHER j .1 1 I DESCRIPTION OF OPERATIONS ILOCATIONBIVEHICLESIEXCLUS10NS ADDED BY ENDORSEMENTISPECIAL PROVISIONS j Certificate holder is additional insured as per attached endorsement and with respects to the Irvine Median Landscape project, # 3279. * Additional insured endorsement regarding the automobile insurance is for the benefit of the certifcate holder only. I CERTIFICATE HOLDER Y I ADDITIONAL INSURED; INSURER LETTER: _ CANCELLATION CTYNEWP i SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA LOaI City of Newport Beach Public Works Dept Fong Tse 3300 Newport Blvd. Newport Beach CA 92658 -8915 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -IQ_ DAYS WRITTE "+ NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPAS4ATIAE . CORPORATION 1988 1 i POLICY NUMBER AC 11048410 COMMERCIAL GENERAL HABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED --OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: JUL " 2 7.flfl2. i COMMERCIAL GENERAL LIABILITY COVERAGE PART U jL4t(', te9Fl NofV SCHEDULE Name of Person or Organization: City of Newport Beach Public Works Dept It's officers, officials, agents, employees and vmlunteers (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 Iq 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. CG 20 10 11 85 Copyright Insurance Services Office Inc., 1984 0. • POLICY NUMBER: 22— L24005928 POLICY EFFECTIVE: 10/04/01 ENDORSEMENT EFFECTIVE: 06/21/2002 CG 20 10 (11 -85) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - FORM B This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Job Description: Ill City of Newport Beach Public Works Dept. It's officers, officials, agents, employees and volunteers (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 III is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of "your work" for that insured by or for you. It is further agreed that such insurance as is afforded by this Policy for the benefit of the additional insured shown above shall be primary insurance, subject to all policy provisions, including the deductible clause, but only with respect to habitity arising ou', of 'your work" for the additional insured by or for you within the above described ;eb. Any insurance maintained by the additional insured as respects to liability arising cut of "your work" shall be non contributing. Endorseman; Prepared: CG 20 10 (I1 -85) page 1 of 1 STATE P O BOX 420807, SAN FRANCISCO, CA 94142 -0807 COMPENSATION - -- I N S U R A N C E FUND CERTIFICATE Ol� WORKERS' COMPENSATION INSURANCE JUNE 17, 2002 POLICY NUMBER 1646930 - 01 CERTIFICATE EXPIRES: 8 -1 -02 _ t D f. TY OF NEWPORT BEACH JUN 2 0 2002 � PUBLII WORK .DEFT t .,300 NEWPORT BLVD i NEWPORT BCH CA 92b63 JOB: IRVIN1 MEDI NPublio = t ijl it LAND2 CAPE F' $t+ -r Eon L This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days advance written notice to the employer. We will also give you TEN days' advance notice should this policy be cancelled prior to Its normal expiration. This certificate of insurance is not an Insurance policy and does not amend, extend or,aifer the coverage afforded by the policies listed herein. Notwithstanding any ;requirement. term, or condition of any contract or other document with respect to,which this certificate of insurance may •be. issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. , AU1Ho R)ZF.D REPRE, NTATIVF PRESIDENT EMPLOYER 8 LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER' OCCURRENCE. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION E:FFECT'IVE 06/17/02 IS ATTACHED TO AND FORMS 'A PART OF THIS POI ICY. THIRD PARTY NAME: CITY OF''MEUF'OKT BCH PUBLIC UORK DEFT EMPLOYER r RAY .iMOHAMMEDI.' DBA SOUTHLAND CONSTRUCTION P.0 BOX 1629 ANAHEIM CA 92 815 0 JUN -24 -2002 MON 12:25 PM CAL SURANCE FAX NO. 7149391654 P. 01 5-qi- 4PL1q- 330 0 CERTIFICATE OF INSURANCE CHECKLIST CITY OF NEWPORT BEACH THIS CHECKLIST IS COMPRISED OF REQUIREMENTS AS OUTLINED ABY THE CITY OF NEWPORT BEACH. DATE RECEIVED: "�I -a� DEPARTMENTICONTACT RECEIVED FROM. a* 6. bl i e- 4,3 Or]GS DATE COMPLETED: iP'd L1 `Da- SENT TO: �14 r BY: Pr COMPANYIPERSON REQUIRED TO HAVE CERTIFICATE: t5ou(� I t"-9 Co� kue ),>n GENERAL LIABILITY: A. INSURANCE COMPANY: �S�v�A ESL Sst_C u�✓i \/ B. AM BEST RATING (A VII or greater): $SCI 1 C. ADMITTED COMPANY: ( Must be Califomia Admitted) Is company admitted in �alifomia? Yes Nor D. LIMITS: (Must be $1,000,000 or greater) What is limit provided? 1 E. PRODUCTS AND COMPLETED OPERATIONS; (Must Include) Is it included? Yes —Ni F. ADDITIONAL INSURDED WORDING TO INCLUDE: ( The City its officers, agents, officials, employees and volunteers). Is it included? YesX No_ G. PRIMARY AND NON CONTRIBUTORY WORDING: (Must be included) Is it included? Yes__�CNo_ H. CAUTION! ( Confirm that loss or liability of the Named insured is not limited solely by their negligence.) Does endorsement include "solely by negligence" wording? Yes_ No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley the City will accept the endeavor wording. R. AUTOMOBILE LIABILITY: A. INSURANCE COMPANY: YYy-,- CL F B. AM BEST RATING (A VII or greater): fit iC I 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 titans rovided? E. ADDITIONAL INSURED WORDING TO INCLUDE: (The City its officers ,agents. officials, employees and volunteers). Is it included? Yes k- No_ ()/z)- F. PRIMARY AND NON CONTRIBUTORY WORDING: (For Waste haulers Only). Is it included? Yes_ No_ G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley the City will accept the endeavor wording. M. WORKERS COMPENSATION: r A. INSURANCE COMPANY: �jei B. AM BEST RATING (A VII or greater)_ h� r- d _ C. LIMITS: Statutory D. WAVIER OF SUBROGATION: (To include). Is it included? Yes X No_ HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes No IF NO, WHICH ITEMS NEED TO BE COMPLETED? Company Profile • • Pagel of 2 Calllorni Company Profile Ins nce WESTERN SURETY COMPANY P.O. BOX 5077 SIOUX FALLS, SD 57117 -5077 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent. for service of Process? Reference Information NAIC #: 13188 NAIC Group #: 0213 California Company ID #: 0761 -7 Date authorized in California: July 29, 1930 License Status: UNLIMITED- NORMAL Company Type: Property & Casualty State of Domicile: SOUTH DAKOTA Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. LIABILITY SURETY Company Complaint Information t G Company Performance & Con>Qarison_Data Composite Complaint Studies http:/ /www4.insurance.ca.gov /wu/idb_Co _prof ud.get_co prof ? p_EID =2977 07/08/2002 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL IRVINE AVENUE MEDIAN IMPROVEMENTS FROM WESTCLIFF DRIVE TO DOVER DRIVE CONTRACT NO. 3279 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P. O. Box 1768 Newport Beach, California 92663 -8915 Gentlemen: PR 1 of 1 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. 3279 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization a_ � �S'?--,/Dollars and Cents $ Per Lump Sum 2. Lump Sum Traffic Control and Cents $ _� Per Lump Sum 3. Lump Sum Clear and Grub @ 1 �, °� a f5bllars and 0 9 0 Cents $ Per Lump Sum n 0 • PR2of2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Furnish and Install Irrigation System r _ f�OKsDollars and Cents Per Lump Sum 5. 8,700 S.F. Construct Stamped Concrete @ l� Dollars and Cents Per Square Foot 6. 600 L.F. Construct Masonry Slough Wall Dollars and Cents Per Linear Foot 7. 3,600 L.F. Furnish and Install Moisture Barrier Dollars and Cents Per Linear Foot 8. 27,000 S.F. Furnish and Install Mulch v� @ Dollars --and lG� r Cs� Cents Per Square Foot $ 5-J OD u�J 9. 1,500 EA Furnish and Install 5- Gallon Shrubs @ 0-- � Dollars and Cents $ Per Each i 3c $ o $ 0 • PR3of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE and `5 j 10. Lump Sum Plant Establishment and Maintenance $ Per Square Foot @_ t�� S Dollars kv_ and 00 _1 @ Dollars Cents $ Per Lump Sum 11. 500 S.F. Reconstruct 4" Thick PCC Sidewalk @ T—( A, Dollars and `5 j Cents $ $ Per Square Foot 12. 250 L.F. Reconstruct PCC Curb and Gutter _1 @ Dollars and > Cents $ $ Per Linear Foot 13. 8 EA Root Prune Existing Tree @ 5� Dollars and /a Cents Per Each TOTAL PRICE IN WRITTEN WORDS and Date Cents - 13 -� iN9. iGt4�ra Bidder's Telephone and Fax Numbers 66376 ( /- -A- C3 Z Bidder's License No(s). and Classification(s) Total Price (Figures) I LN Bidder Bidder's Authorized Signature and Title Bidder's Address /�,, c� 05/22/2002 14:24 t0000000000ttttttttg • SOUTHLAND CONSTRUCTION .rrrr lrrr^rrrrrr r rrrrrr.rrrrrrrrrr- 211 So Sthte College BI #311. Anaheim. Ca 92806. Tel: 714 -488 2891. Fax 714 -5:35 1478. Mailing Address: POBox 1h29. Anaheim. Ca 92815. DATE: 5:23.02 FROM: fay TO: Shawna COMPANY: City of New Port Beach FAX: 9.49 644 3318 NO OF PAGES: COMMENTS: The name of the Insurance Agent is: Huntington Pacific 18672 Florida St #302 Huntington Beach. Ca Tel 714 841 6283 Fax 714 842 2538 TEL: The Agpnt for the Surety Company is American Bonding Company 4 Glen Eagles Dr New Hope Pa 189;18 If you have any questions pis call me Thanks Ray PAGE 01 0 • SP 1 OF 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS IRVINE AVENUE MEDIANS IMPROVEMENT FROM WESTCLIFF DRIVE TO DOVER DRIVE CONTRACT NO. 3279 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. P- 5173 -S); (3) the City's 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. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, (714) 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE. Add to this section: "The work necessary for the completion of this contract consists of: traffic controls, distribute construction notices to nearby residents and businesses within the cities of Newport Beach and Costa Mesa, clear and grub, construct stamped concrete, construct masonry slough wall, make water service connection, furnish and install irrigation system, furnish and install moisture barrier, mulch, and 5- gallon shrubs, reconstruct PCC sidewalk, reconstruct PCC curb and gutter, root prune existing trees, plant establishment and maintenance, and complete other work items as shown by the Plans and Specifications. 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The City 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 City in writing two working days in advance of the time that the stakes are needed. All existing street and property corner monuments are to be preserved. • • SP2OF12 The Contractor will be back - charged for the cost of restoring any survey monument damaged by the Contractor outside the project limits." 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 or Licensed Surveyor shall also file the required Corner Records with the County of Orange upon monument restoration. SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. This Section only applies to work in excess of the estimated quantities shown in the Proposal." 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 • • SP3OF12 shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting are required because of unsatisfactory results from failed tests or inspections for the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -2 PROTECTION. Add to the first sentence of this section: "Due to the need to provide water service to the nearby school and businesses, no water shutdown will be allowed for this project." SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on June 24, 2002. No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to the preconstruction meeting. The Schedule may be bar chart or CPM style. The Engineer will review the Schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within thirty (30) consecutive working days of June 24, 2002, exclusive of the 90 -day plant establishment and maintenance period. The date of completeion for all construction work shall be August 5, 2002." • • SP4OF12 It shall be the Contractor's responsibility to ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6.7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1st, the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday in November (Thanksgiving), Day after Thanksgiving, and December 25th (Christmas). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:00 AM to 4:30 PM Monday through Friday for the medians and from 7:30 AM to 4:30 PM Monday through Friday for the PCC work on Francisco Drive. See Section 7 -10.3 for allowable times for lane closures. Should the Contractor elect to work outside normal working hours, he must first obtain special permission from the Engineer. The request may be for 4:30 P.M. to 6:30 P.M. on weekdays or from 8:00 A.M. to 6 P.M. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $55.00 per hour when such time periods are approved. SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "The City has scheduled a water improvement project for construction during summer 2002 in the same Irvine Avenue vicinity as this work. The water improvement work will be restricted to the Newport Beach (northbound) portion of Irvine Avenue. While the City will make every scheduling effort to minimize potential interference between the contractors for these projects, the contractors shall take all necessary measures to cooperate with each other to complete the work with coordinated traffic control in an orderly and expeditious manner." 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 an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter. • • SP5OF12 All water used during construction will be paid for by the Contractor. This includes water for flushing pressure testing all lines and water used for irrigation during maintenance period for landscaping." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from entering into any catch basin." 7 -8.8 Steel Plates. The City can provide a limited quantity of steel plates 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 the plates from and return them to the City's Utilities Yard at 949 West 16th Street. To determine the number of plates available and to reserve the plates, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (949) 718 -3402, for arrangements. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic controls and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved in advance by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre- construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised by the construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans for the work. The Contractor will be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. All traffic control plans shall be prepared and signed by a California licensed Traffic Engineer. Such plans shall conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), 2001 Edition and must meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. No traffic lanes shall be closed before 9:00 AM or after 4:00 PM. 3. Only the traffic lane adjacent to the medians may be closed during work hours. • • SP6OF12 4. All traffic lanes shall be open for vehicle use during non -work hours and whenever no work is being performed. 5. Provisions shall be made for motorists to make left and U -tums at alternating intersections. 6. Left -turn lanes that approach signalized intersections shall be maintained for public use at all times. 7. Solar- powered arrowboards shall be used in advance of all lane closures. 8. Flagpersons shall be used to direct traffic whenever vehicles enter onto Irvine Avenue from the side streets. 9. All driveways within the work limits along Irvine Avenue shall remain open at all times. 10. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 11. All advanced warning sign installations shall be reflectorized and /or lighted." 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 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 have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Parking Control Division at (949) 644 -3717, for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be similar in design and color to sign R -38 of the CalTrans Uniform Sign Chart. • • SP7OF12 The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY' sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to nearby Residents, Businesses and School. Ten working days prior to starting work, the Contractor shall deliver a city - provided construction notice to the nearby residents, businesses, and school, within 500 feet of the project, describing the project and indicating the limits of construction. Forty -eight hours before the start of any construction, the Contractor shall distribute to the nearby residents a second city - provided written notice stating when construction operations will start, what disruptions may occur, and approximately when construction will be completed. The Contractor shall insert the applicable dates and times when the notices are distributed. An interruption of work in excess of 14 calendar days shall require re- notification by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the Engineer. 7 -15 CONTRACTOR'S LICENSES. At the time of Award and until the completion of work, the Contractor shall possess a General Engineering Contractor "A" License. At the start of work and until the completion of work, the Contractor and all sub - contractors shall possess a current business license issued by the City of Newport Beach and a current business license issued by the City of Costa Mesa. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be at the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and submitted to the Engineer at the time each progress bill is submitted. Upon completion of the project, the Contractor shall provide "As- Built' corrections upon a copy of the Plans. The "As- Built" correction plans shall be submitted to the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accordance 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. 0 • SP8OF12 SECTION 9--- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: `The unit and lump sum prices bid for each item of work shown on the Proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include all preparation and scheduling of materials and equipment necessary to complete the contract work. Item No. 2 Traffic Control: Work under this item shall includes construction notices delivery, preparation of traffic control plans, traffic controls, posting and removal of signs, delineators, traffic cones, barricades, arrowboards, steel plates, and all other work necessary to comply with the WATCH and the City of Newport Beach requirements. Item No. 3 Clear and Grub: Work under this item shall include the removal and disposal of the existing improvements as required to complete the work in place. Item No. 4 Furnish and Install Irrigation System: Work under this item shall include, but not limited to, the cost of all labor, materials, and equipment to make "hot - tap" water connection, pavement trench resurfacing with full depth AC pavement, furnish and install backfiow preventer, meter, enclosure, irrigation controllers, lines, valves, sprinkler heads, and wirings, pressure test system, adjust coverage as required, provide system operation manuals to the City, train City personnel on system operations, and perform other items of work as required to complete the work as shown on the Plans. Item No. 5 Construct Stamped Concrete: Work under this item shall include the cost of all materials, labor, and equipment to construct the stamped concrete in place as shown on the Plans. Item No. 6 Construct Masonry Slough Wall: Work under this item shall include the cost of all materials, labor, and equipment to remove and dispose of the existing improvements, construct reinforced slough wall, backfill and compaction, reinforced footing, waterproofing, replace existing PCC curb damaged by the work, and perform other work items as required to complete the Work as shown on the Plans. Item No. 7 Furnish and Install Moisture Barrier: Work under this item shall include the cost of all materials, labor, and equipment to install the moisture barrier in place as shown on the Plans. • • SP9OF12 Item No. 8 Furnish and Install Mulch: Work under this item shall include the cost of all materials, labor, and equipment to place the mulch complete in place as shown on the Plans. Item No. 9 Furnish and Install 5- Gallon Shrubs: Work under this item shall include, but not limited to, the cost of all labor, materials, and equipment to make and place planting pits, soil amendments, fertilizers, and planting tablets, provide plant watering until the start of plant establishment and maintenance period, and perform other items of work as required to complete the work as shown on the Plans. Item No. 10 90 -Day Plant Establishment and Maintenance Period: Work under this item shall include, but not limited to, the cost of all labor, materials, and equipment to provide weed abatement, maintain healthy plant growth, replace all unhealthy and/or dead plants, and perform other items of work as required to complete the work as shown on the Plans. Item No. 11 Reconstruct 4 -Inch Thick P.C.C. Sidewalk: Work under this item shall include the removal and disposal of the existing sidewalk, subgrade compaction, construction of 4 -inch thick P.C.C. sidewalk, and all other work items as required to complete the work in place. Item No.12 Reconstruct P.C.C. Curb and Gutter: Work under this item shall include the removal and disposal of existing improvements, construction of Type -A P.C.C. curb and gutter with 2 -foot gutter, subgrade compaction, construct 1 -foot wide by 1 -foot deep AC patchback along the length of the new curb and gutter, and all other work necessary to complete the work in place. Item No. 13 Root Prune Existing Tree: Work under this item shall include root pruning, removal and disposal, backfilling the tree wells with a native soil approved by the Engineer, and all other work as required to complete the work in place. All existing utilities or other improvements damaged by the work shall be immediately repaired at the expense of the Contractor and no additional compensation shall be made. 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." 0 PART 2 CONSTRUCTION MATERIALS • SP 10 OF 12 SECTION 201 - -- CONCRETE MORTAR AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement Concrete for construction shall be Class 560 -C- 3250." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General. Add to this section: 'The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove all broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement for the water service connection shall have a minimum trench width of 3 -feet to facilitate maximum compaction." 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." And replace the words `1-Y2 inch" of the last sentence with the words 'two (2) inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. IPWORK SCHEDUL u NO. LOCATION STREET NAME& NO. SIDEWALK C & G LF. ROOT PRUNING WS . Westcliff Area 2307 Francisco Dr. 36 2227 2221 -215. 2207 Francisco Dr. 64 227 6 2212 Francisco Dr. 340 2 Page 1 TO: FROM: SUBJECT: Mayor and Members of the City Council Public Works Department Tall June 11, 2002 CITY COUNCIL AGENDA IRVINE AVENUE MEDIAN IMPROVEMENTS FROM TO DOVER DRIVE - AWARD OF CONTRACT NO. 3279 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3279 to Southland Construction for the Total Bid Price of $189,100, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $18,900 to cover the cost of testing and unforeseen work. 4. Approve a Budget Amendment appropriating an additional $23,000 to Contributions Account No. 7251- C5100488 and increasing revenue estimates by $23,000 in Account No. 250 -5901. DISCUSSION: At 11:00 AM on May 15, 2002, the City Clerk opened and read the following bids for this project: TOTAL BID AMOUNT $179,100.00 $4$,8,986:09 Bid Nullified $204,700.00 $237,800.00 $256,294.50 $277,750.00 * Corrected bid amount $189,100.00 Mega Way Enterprises, Inc., does not have a Contractor's license under the name of Mega Way Enterprises, Inc. The bidder has an "A" license under Mega Way Lighting, but did not bid the project under this company's name, thus nullifying the bid. The apparent low bid from Southland Construction was corrected in accordance with the City's bidding requirements resulting in a revised bid amount of $189,100.00. BIDDER Low Southland Construction 2 Mega Way Enterprises, Inc. 3 Green Giant Landscaping 4 Ranco Corporation 5 E.B.S., Inc. 6 G.C.I., Inc. TOTAL BID AMOUNT $179,100.00 $4$,8,986:09 Bid Nullified $204,700.00 $237,800.00 $256,294.50 $277,750.00 * Corrected bid amount $189,100.00 Mega Way Enterprises, Inc., does not have a Contractor's license under the name of Mega Way Enterprises, Inc. The bidder has an "A" license under Mega Way Lighting, but did not bid the project under this company's name, thus nullifying the bid. The apparent low bid from Southland Construction was corrected in accordance with the City's bidding requirements resulting in a revised bid amount of $189,100.00. Subject: Irvine Avenue Media• provements from Westcliff Drive to Dover Dn9 — Award of Contract No. 3279 June 11, 2002 Page: 2 The low total bid amount is 1.5 percent below Engineer's Estimate of $192,000.00. The low bidder, Southland Construction, possesses a General Engineering "A" contractor's license as required by the project specifications. A check of Southland Construction references indicates that Southland Construction has satisfactorily completed various similar improvement projects for other Southern California agencies. This contract provides for the construction of stamped median concrete and 2 -foot high masonry slough walls along the length of the medians to retain irrigation runoffs and the installation of moisture barrier, mulch, 5- gallon shrubs, and an irrigation system. In addition, PCC sidewalk, curb and gutter will be reconstructed and offending tree roots will be pruned at select locations within two blocks of Francisco Drive. Southland Construction is required to start construction on June 24, 2002, and complete all of the construction work within thirty (30) consecutive work days or August 5, 2002, prior to the start of the fall session at Mariners Elementary School. The plant establishment and maintenance period for this project is ninety (90) days. There are funds available in the following accounts for the work: Description Circulation and Transportation Contributions (from City of Costa Mesa) Account Amount 7261- C5100488 $113,000.00 7251- C5100488 $ 95,000.00 Total $208,000.00 Since the improvements are within both the City of Newport Beach and the City of Costa Mesa, the City of Costa Mesa has agreed, through a cooperative agreement, to reimburse the City of Newport Beach for their portion of the project costs, up to $85,000 for construction and up to $10,000 for administrative and inspection services. Staff originally budgeted $72,000 for the contribution from Costa Mesa and now requests a Budget Amendment appropriating an additional $23,000 to Account No. 7251- C5100488 for the total costs approved in the Cooperative Agreement. Respectfulitted - PUBLIC WORKS DEPARTMENT Stephen G, Badum, Director se, P.E. Manager Attachment: Project Location Map Bid Summary IRVINE A VENUE MEDIAN IMPROVEMENTS (C -3279) c� FIRE STA TION MARINERS SCHOOL \�S SJ SHOPPING / PLAZA , , `ST OP/GF CORONA00 AT NEWPORT APARTMENTS sti ST I LEGEND ® WORK LOCA77ON L OCA TION MAP N. TS f = Z U W ma O W 9L Ul W 99 Z p LL.3 O u m 7 Q N O N O I m S pE O �VA IoW N U Z � O cr Q J (d O O O N O F� U' Y N C rl N LL Q w a z s w Z w .. n z O w CL w a 0 0 O S S S S S O O O O S O O O t O O oqp SS pQpQ G O O N C V C O p O O O O O O CCN L v01 O O V l l fCU 1 NON g C Q N Y C p Sp S o O O p O N S O S O SSOOnNN pq O.O-i pSp OWN CC.� 10(1 LIZ U D 0 1�1ppn M O O O O O S O S O S O 0 0 O CD C SS O 0 S S S 0 S O S 0 S 88 O O S O O D O O N O N M O N 10 N. OD O M V f V f N r0,11� OD s` cc $o0OSoSOOMS$ °o0o8 �c OOS °o wNNOO OOc Qv°1 O 7Z 0 7 N N M N M N $ci °o S oo oo S °oo °S oO °oo goo °O 6 OO uioo�q'IOOUi u°Di OON u0lSb�dn uio 4 C O V 1 M O D u t T O. N V f N ti N N co 01 Q M M M N N W 00 C W W �j Spoo O O S 1n VI S 1nlnoolnoo N O O O N ul 0 10� °oo °o oc�mo�ol+io S to N Q f� Z at U 1 0 M 0 07 0 M N J ogiS °oOOSSSS o0 � oocooQ0000$o� o O Qoowl O O O N ss d• V In 1 oo N V I v1 N c O •{y ulm ar°I�n°•11f110 NV V1 V- r4 0 N 11.I 01 O S O S O O VIN S S O O S C W O V0i 0 O^ 10(1.+ 0..i O M N O w OOSO Iq .+ W V 0 0 V J� J VM J V I J V8p 1 W J V I LLJ W pLLJ ,Q m10MN.r utN E E 2v C ON � 05 2 @ I c - _ a O LO N 2 C 7 2 N W O .-iNM V V1 VJ t�mOI�."'ii .N-1H 0 (ty of Newport Beach BUDGET AMENDMENT 2001 -02 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations 1 SOURCE: from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: NO. BA- 045 AMOUNT: bz3,000.00 Increase in Budgetary Fund Balance AND Decrease in Budgetary Fund Balance PX No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase revenue estimates and expenditure appropriations related to the Irvine Avenue Median Improvement project, C -3279. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description Account REVENUE ESTIMATES (3601) Division Fund /Division Account Description 250 5901 Private Donations /Contributions EXPENDITURE APPROPRIATIONS (3603) Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Administrative Description 7251 Contributions Fund C5100488 Irvine Ave Median Land Improvements Administrative City Manager Amount Debit Credit $23,000.00 $23,000.00 Automatic 2 6=a Director Date o2- ate Signed: City Council Approval: City Clerk Date CWy of Newport Beach 0 BUDGET AMENDMENT 2001 -02 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: NO. BA- 045 AMOUNT: 823,000.00 Increase in Budgetary Fund Balance AND Decrease In Budgetary Fund Balance PX No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: 'l IN 12002 JV To increase revenue estimates and expenditure appropriations related to the Irvine Avenue Median Improvement project, C -3279. ACCOUNTING ENTRY: Division Number Account Number Automatic System Entry. Signed: ( 6 Financial Approval: A dministrative Services Director Date Signed: *46 4 �j toZ Administrative�City Manager ate Signed [Jli��'riR� �' J •G� /� ZI 0 City Council Approval: City Clerk Date Amount BUDGETARY FUND BALANCE Debit Credit Fund Account Description REVENUE ESTIMATES (3601) Fund /Division Account Description 250 5901 Private Donations /Contributions $23,000.00 EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7251 Contributions Fund Account Number 05100488 Irvine Ave Median Land Improvements $23,000.00 Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Automatic System Entry. Signed: ( 6 Financial Approval: A dministrative Services Director Date Signed: *46 4 �j toZ Administrative�City Manager ate Signed [Jli��'riR� �' J •G� /� ZI 0 City Council Approval: City Clerk Date CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 July 8, 2002 Green Giant Landscape, Inc. 941 -A Macy Street La Habra, CA 90631 -3400 Gentlemen: Thank you for your courtesy in submitting a bid for the Irvine Avenue Medians Improvements from Westcliff Drive to Dover Drive Project (Contract No. 3279) 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 July 8, 2002 GC( Construction, Inc. 245 Fischer Avenue, B -3 Costa Mesa, CA 92626 Gentlemen: Thank you for your courtesy in submitting a bid for the Irvine Avenue Medians Improvements from Westcliff Drive to Dover Drive Project (Contract No. 3279) 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, Y"4' M. V'c"" LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CI�Y OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 July 8, 2002 Elite Bobcat Service Inc. 1320 E. Sixth, Suite 100 Corona, CA 92879 -1700 Gentlemen: Thank you for your courtesy in submitting a bid for the Irvine Avenue Medians Improvements from Westcliff Drive to Dover Drive Project (Contract No. 3279) 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, v M. V4� LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach Ranco Corporation P.O. Box 9007 Brea, CA 92821 Gentlemen: CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 July 8, 2002 Thank you for your courtesy in submitting a bid for the Irvine Avenue Medians Improvements from Westcliff Drive to Dover Drive Project (Contract No. 3279) 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, o 6� M. 146 LaVonne M. Harkless, CMCIAAE 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 July 8, 2002 Mega Way Enterprises 919'/2 N. Azusa Avenue Covina, CA 91722 Gentlemen: Thank you for your courtesy in submitting a bid for the Irvine Avenue Medians Improvements from Westcliff Drive to Dover Drive Project (Contract No. 3279) 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, 4 (//� 197. /�" LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach