The URL can be used to link to this page

Home My WebLink AboutC-3383 - Ocean Front Street End Improvements: Fern, Grant, Highland, Nordina, and Sonora StreetsCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC January 28, 2004 JDC, Inc. P.O. Box 3448 Rancho Cucamonga, CA 91729 Subject: Ocean Front Street End Improvements (C -3383) To Whom It May Concern: On January 28, 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 March 18, 2003. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 08627059. Enclosed is the Faithful Performance Bond. Sincerely, LaVonne M. Harkless, CMC City Clerk cc: Public Works Department enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us EXECUTED IN FOUR (4) COUNTERPARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN FRONT STREET END IMPROVEMENTS: FERN, GRANT, HIGHLAND, NORDINA, AND SONORA STREETS CONTRACT NO. 3383 BOND NO. 08627059 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 2.945. oo being at the rate of $ 16.56 PER thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to JDC, Inc., hereinafter designated as the "Principal ", a contract for construction of OCEAN FRONT STREET END IMPROVEMENTS: FERN, GRANT, HIGHLAND, NORDINA, AND SONORA STREETS, Contract No. 3383 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3383 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of one hundred seventy -seven thousand, eight hundred twenty-five and 001100 Dollars ($177,825.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 28 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attomeys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 15TH day of MAY 2002. JDC, Inc. (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 225 S. LAKE AVE., STE. 700 PASADENA, CA 91101 Address of Surety (626)792 -2311 Telephone S.W. JOHNSON, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 91 State of California } } SS. County of Orange } On May 15 2002 , before me, Brad L. Settoast, Notary Public Date Name and Title of Officer (eq.,'Jane Doe, Notary Public) Personally appeared J.W. Johnson , ® personally known to me la;aved le me on the basis 9f 6a%i&faGtsFy evidease Place Notary Seal Above Cj Y V/ 7 atom oi Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signers Name: ❑ Individual ❑ to be the person(s) whose name(s) is /are ❑ Partner - -- ❑Limited [ ❑ subscribed to the within instrument and #Oe ,e . «.aaa+:a++ : :.:•* + + + + + +- « +• « ° + °$ L SETTGAST acknowledged to me that he /she executed r BRAD GOMM # 12035`38 D the same in his/herttheir authorized NOTARY PU6L1C - CALIFORNIA D capacity(ies), and that by his/her/their W ORANGE COUNTY s signature(s) on the instrument the person(s), Q My Commission Expires Feb.14, 2004 ; or the entity upon behalf of which the ° OOavv9aao°. a .9aeaeeaaseaoeeeoeaoeaeaaaaaeea person(s) ached,, executed the instrument. �Ar rMs A7 600d and official seal. Place Notary Seal Above Cj Y V/ 7 atom oi Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signers Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner - -- ❑Limited [ ❑ Attomey -in -Fad ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: 01997 National Notary Association • 9350 Desoto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203 -1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by W. B. WALBRE( in pursuance of authority granted by Article VI, Section 2, reverse side hereof and are *hereby certified to be in full constitute and appoint J. W. Johnson, of Fullerton, Cali'?; its execute, seal and deliver, for, and on its behalf as sure as its and the execution of such bonds or undertakings in p e of the; fully and amply, to all intents and purposes, as if been d� officers of the Company at its office in Baltimor a in the o0 issued on behalf of J. W. Johnson, dated Januo 998. o \/ The said Assistant Secretary does Article VI, Section 2, of the By -Laws IN WITNESS WHEREOF, the sai affixed the Corporate Seal of the s November, A.D. 1999. ATTEST: FIDELITY A� 3 de d T. E. SMITH, Assistant Secretary, Company, which are set forth on the ee date hereof, does hereby nominate, lawful agent and Attorney -in -Fact, to make, deed: any and all bonds and undertakings ts, shall be as binding upon said Company, as d and acknowledged by the regularly elected persons. This power of attorney revokes that that thact set forth on the reverse side hereof is a true copy of nv. axis now in force. Assistant Secretary have hereunto subscribed their names and DEPOSIT COMPANY OF MARYLAND, this 19th day of COMPANY OF MARYLAND � sent By: T f. Smith Assistant Secretary State of Maryland } ss: County of Baltimore 1 6lvr-c w4'... W B. Walbrecher Vice- President On this 19th day of November, A.D. 1999, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came W. B. Walbrecher, Vice - President and T. E. Smith, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Carol J Fa r Notary Public My Commrssi Expires: August 1, 2000 L1428- 01211152 State of California } } ss. County of Orange } On May 15 2002 , before me, Bred L. Settgast, Notary Public Date Name and Tile of OKoer (e.g., 'Jane Doe, Notary Public) Personally appeared James DeArmond , ® personally known to me eyideRAM to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she executed the same in his /her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. offici seal. Place Notary Seel Above lure of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this fomr to another document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signers Name: ��` ;? 1 Jasa03 m Corporate Officer— Title(s): _ ..Ol.jfdt R`i Pi1nLIG CALIFORNIA +� ,L �l'. NOi t.,RANGF COUNTY Feb.74, 2004 a" rnxsaiy,,_Sires ❑ ® personally known to me eyideRAM to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she executed the same in his /her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. offici seal. Place Notary Seel Above lure of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this fomr to another document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signers Name: ❑ Individual ❑ Corporate Officer— Title(s): _ ❑ Partner - -- ❑Limited ❑ ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: 01997 National Notary Association • 9350 Desoto Ave., P.O. Box 2402 , Cnatsw nh, CA 91313.2,102 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC March 18, 2003 J.D.C. Inc P.O. Box 3448 Rancho Cucamonga, CA 91729 Subject: Ocean Front Street End Improvements: Fern, Grant, Highland, Nordina, and Sonora Streets Project (C -3383) To Whom It May Concern: On January 28, 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 February 11, 2003, Reference No. 2003000159538. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 08627059. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, CMC City Clerk cc: Public Works Department Stephen 1. Luy, Project Manager encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 - www.city.newport- beach.ca.us EXECUTED IN FOU10�4) COUNTERPARTS • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN FRONT STREET END IMPROVEMENTS: FERN, GRANT, HIGHLAND, NORDINA, AND SONORA STREETS CONTRACT NO. 3383 BOND NO. 08627059 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to JDC, Inc., hereinafter designated as the "Principal," a contract for construction of OCEAN FRONT STREET END IMPROVEMENTS: FERN, GRANT, HIGHLAND, NORDINA, AND SONORA STREETS, Contract No. 3383 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3383 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, FIDELITY AND DEPOSIT COMPANY OF MARYLAND duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of one hundred seventy-seven thousand, eight hundred twenty-five and 00/100 Dollars ($177,825.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable 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. KI 0 0 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 15TH day of �JHY►,FS�C�-i*��n JDC, Inc. (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 225 S. LAKE AVE., STE. 700 PASADENA, CA 91101 Address of Surety (626)792 -2311 Telephone J.W. JOHNSON, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 0 0 State of California } } SS. County of Orange } On May 15. 2002 , before me, Brad L. Settgast. Notary Public Dale Name and Tge of Officer (e.g., 'Jane Doe, Notary Public") Personally appeared W�,.o.a� }3R.�A l.� 8E'1'1'GASTeaD 049,, COMtc1 # 1253598 m T ❑ NOTARY PUBLIC- CALIFORNIA D UU \� ORANGE COUNTY 1 ,. Q ,- My Commission Expires Fe6.14.20C4 0 99oa. oo. oo... .....4eeaa4aate44aaea4''W4:,a4o ❑ Place Notary Seal Above ® personally known to me evidease to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she executed the same in his/her/their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Though the information below is not required by law, it may prove valuable to per and could prevent fraudulent removal and reattachment of this Porn to Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signers Name: ❑ Individual ❑ Corporate Officer — Title(s): - ❑ Partner - -- ❑Limited [ ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: 01997 Moral Notary Assooason . 9350 Desoto Ave., P.O. So$ 2402 • ChatawoM, CA 9131 &2402 ping on the document document seal. 0 State of California } } ss. County of Orange 1 0 On May 15 2002 , before me, Brad L. Settgast, Notary Public Dale Name and Title of Officer (e.g., 'Jan, Doe, Notary Public') Personally appeared James DeArmond COtViV, * 1253593 m NOTAPY PUOV.0 - CALIFORNIA W•� OpANUE COUNT" 2004 Q ivry Camm'SSian Ex ?ira�•aanaooaeaaa °•, >. >49�b;9do ® personally known to me evidense to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she executed the same in his /herttheir authorized capacity(ies), and that by his/herttheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. official seal. Place Notary Seal Above yr r rr✓rvvL. Though the information below is not required by law, it may prove valuable to persons relying on the and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signers Name: ❑ Individual ❑ Corporate Officer— Title(s): _ ❑ Partner - -- []Limited [ ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: 01997 National Notary ASaoClalion • 9350 Desoto Ave.. P.O. Box 2402 • Chata vorm. CA 91313 -2402 V 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 !!l 111111111i1i' iHllllli�!; IIIIIIIIIIIIillfiflilillllf llllillllll!!�p FEE 19 75 w, 2003000159538 01:09pm 02/11/03 o.00 o.00 o.00 o.00 0.00 0.00 0.00 0. 00 Exempt om 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, California, 92663, as Owner, and J.D.C., Inc., as Contractor, entered into a Contract on May 14 2002. Said Contract set forth certain improvements, as follows: Ocean Front Street End Improvements: Fem, Grant, Highland Nordina and Sonora Streets (C -33831 Work on said Contract was completed on November 26. 2002, and was found to be acceptable on January 28, 2003, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is m Wblic Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. r Executed on V c t-q at Newport Beach, California. BY l�i�tJY�i r,pCity Clerk __ CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC January 29, 2003 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the Old Ford Road Pavement Overlay Project (C- 3437); and Notice of Completion for the Oceanfront Street End Improvements Project: Fern, Grant, Highland, Nordina, and Sonora Streets (C -3383) Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Har ess, CIVIC City Clerk Enclosures 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code�ection 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and J.D.C., Inc., as Contractor, entered into a Contract on May 14, 2002. Said Contract set forth certain improvements, as follows: Ocean Front Street End Improvements: Fern, Grant Highland, Nordina, and Sonora Streets (C -3383) Work on said Contract was completed on November 26. 2002, and was found to be acceptable on January 28, 2003, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is M J3dblic Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. f Executed on ll ��a at Newport Beach, California. BY dy Clerk C I CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT • BY THE CITY COUNCIL CITY OF NEWPORT BEACH A f nt � L Agenda Item No. 9 January 28, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen Luy, P.E. 949 - 644 -3311 sluy@city.newport-beach.ca.us SUBJECT: OCEANFRONT STREET END IMPROVEMENTS: FERN, GRANT, HIGHLAND, NORDINA, AND SONORA STREETS - CONTRACT NO. 3383 — 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 1 year after Council acceptance. DISCUSSION: On May 14, 2002, the City Council authorized the award of the Ocean Front Street End Improvements contract to J.D.C, Inc. The project provided for construction of curb, roadway, sidewalk, planters, landscaping, irrigation systems, driveway approaches, irrigation plumbing, irrigation wiring conduit, modifying existing block wall planters, adjusting city -owned utility frames and covers to finished grade, and constructing other incidental items of work. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $177,825.00 Actual amount of bid items constructed: 208,868.50 Total amount of change orders: 15,643.71 Final contract cost: $224,512.21 SUBJECT: OCEANFRONT ST END IMPROVEMENTS: FERN, GRANT, *LAND, NORDINA, AND SONORA STREETS CONTRAC NO. 3383 - COMPLETION AND ACCEPTANCE January 28, 2003 Page 2 The 17 percent increase in the amount of actual bid items constructed over the original bid amount resulted from the need for additional PCC roadway, schedule 40 conduit and irrigation wires exceeding the bid item quantities. Two change orders in the amount of $15,643.71 (8.8 percent increase in contract) were issued for the project. Change Order No. 1 provided for additional grading to facilitate installation of irrigation conduit and miscellaneous time and materials costs to address unforeseen circumstances. Change Order No. 2 provided for construction of additional landing area to facilitate access and minimize maintenance at several of the original street ends. Funds for the project were expended in the following account: Description Account No. Amount Ocean Front Street End Improvements 7013- C5100014 $224,512.21 All work was completed on November 26, 2002, the scheduled completion date. This project also requires the contractor to maintain the newly planted vegetation for a period of 60 days. The Maintenance period began on November 27, 2002 and ended on January 27, 2003. 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 (Attachment A). This exemption covers the maintenance and alteration of existing public and private facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. The project involved the reconstruction of street end improvements including a decorative wall and landscape planters within an existing partially improved street end with no environmental resources. Prepared by: - A V /-:: 7 - Stephifn Luy, P.E. Project Engineer Attachment: Notice of Exemption Submitted by: Stephen G. Badum Public Works Director POSTED CITY OF NEWPORT BEACH SEP 2 4 201011 3300 Newport Boulevard -P.O. Box 1768 GARY L. GRAN ILLE, Clerk•Reeorder Newport Beach, CA 92659 -1768 By�.DEPUTY NOTICE OF EXEMPTION To: Office of Planning and Research 71 1400 Tenth Street, Room 121 Sacramento, CA 95814 Recorded in Official Records, County of Orange Gary Granville, Clerk- Recorder 11111111111111111111111111111111111111111111111111 NO FEE no s2 zof 20018500104103:48pm 09124101 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 From: FILET} SEP 2 4 2001 GARY L. GRANVILLE, Clerk- Retoreol By_t Z r— �--- �--__. DEPUTY City of Newport Beach Planning Department 3300 Newport Boulevard -P.O. Box 1768 Newport Beach, CA 92659 -1768 Date received for filing at OP: Name of Project: Ocean Front Street End Improvements; Fern, Grant, Highland, Nordina and Sonora; C -3383. Project Location- The project is located South of Seashore Drive between Fem Street and Sonora Street in West Newport Beach. Specific: C -3383 Project Location - Newport Beach Project Location - Orange County Project Description: Construction of a decorative wall and planters including landscaping irrigation and conduit for future lighting. Exempt status: (check one ❑ Ministerial (Sec.21080 (b)(1);15268); ❑ Declared Emergency (Sec. 21080(b)(3);15269(a)); ❑ Emergency Projcct (Sec.21080(b)(4);15269(b)(c)); [g Categorical Exemption. State type and section number: Class 1(c), Section 15301 ❑ Statutory Exemptions. State code number: ❑ General Rule (Sec. 15061(b)(3)) Reasons why project is exempt: Construction of curb, roadway, sidewalk planters, irrigation systems driveway approaches, landscaping and modification of existing block wall planters at street ends to compl) with a Coastal Commission Land Use Permit. The wall and planters will enhance the appearance of the are and assist in maintaining the accessibility to the beach with no disruption to the environment. Name of Public Agency Approving Project: City of Newport Beach Name of Person or Agency Carrying Out Project: City of Newport Beach, Public Works Department Contact Person: teplten uy Title: Associate Civil Engineer Signature: Tel. No. (949) 644 -3330 Date: 9 -5 -01 J • • 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 2nd day of May 2002, at which time such bids shall be opened and read for OCEAN FRONT STREET END IMPROVEMENTS: FERN, GRANT, HIGHLAND, NORDINA, AND SONORA STREETS Title of Project Contract No. 3383 $175,000.00 Engineer's Estimate � - M= BIDDER'S LIST AVAILABLE ON CITY WEBSITE: http://www.city.newport- beach. ca. us /Pubworks /pwmain.htm phen G. Badum is Works Director 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 Stephen J. Luy, Project Manager at (949) 644 -3330 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN FRONT STREET END IMPROVEMENTS: FERN, GRANT, HIGHLAND, NORDINA, AND SONORA STREETS CONTRACT NO. 3383 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 2 r • i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN FRONT STREET END IMPROVEMENTS: FERN, GRANT, HIGHLAND, NORDINA, AND SONORA STREETS CONTRACT NO. 3383 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 Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 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. 3 Ll 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. �) 9 �,�sy P� Contractor's License No. & Classification Bidder Authori ed Signature/Title D)2 la-2- Date— 0 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN FRONT STREET END IMPROVEMENTS: FERN, GRANT, HIGHLAND, NORDINA, AND SONORA STREETS CONTRACT NO. 3383 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF THE TOTAL AMOUNT OF THE BID Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of OCEAN FRONT STREET END IMPROVEMENTS: FERN, GRANT, HIGHLAND, NORDINA, AND SONORA STREETS, Contract No. 3383 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 hand this 26th day of JDC. INC. Name of Contractor (Principal) Fidelity and Deposit Company of Marylan Name of Surety 225 S. Lake Ave.. Ste. 700, Pasadena, CA 91101 Address of Surety (714) 292 -7762 Telephone Brad L. Settaast, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 5 9 0 State of California } } ss. County of Oranoe 1 On April 26. 2002 , before me, Brad L. Settaast, Notary Public Date Name and Title of Officer (e.g.. 'Jane Doe, Notary Public') Personally appeared ® personally known to me piraved te me an the basis of 6atil4aGt0 evidesase to be the person(s) whose name(s) is /are subscribed to the within instrument and .......+ acknowledged to me that he /she executed y the same in his /her /their authorized sLIRM)_L. SI'TTGAST ( `M vl #< 1253596 � capacity(ies), and that by his /her /their Q .. , � 40 pt ��19LIG- CAlIF0ANIA signature(s) person(s), W r "EO°cenA.zoo4 or the entity nupon sbehalf tofe which the Q ;t,c,....;r:....x... •.:• >..^ >> °' "''' " "• "' person(s) acted, executed the instrument. S a nd#icial seal. Place Notary Seal Above gnature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): - ❑ Partner - -- ❑Limited [ ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: ®1997 National Notary Association • 9350 Desoto Ave.. P.O. Box 2402 • Chatsworl CA 91313 -2402 State of California } } ss. County of Orange } On April 26. 2002 before me, MELINDA B. HARVEY, Notary Public Date Name and Title of Officer (e.g.. -Jane Doe. Notary Public') Personally appeared BRAD L. SETTGAST , MELINDA B. HARVEY Commission a 1296197 _m Notary Public - California i Orange County My Comm. Expires Mar 6, 2005 Place Notary Seal Above ® personally known to me evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she executed the same in his /her /their authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ]q�z��A6 14�� Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): _ ❑ Partner - -- ❑Limited [ ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: 91997 National Notary Assodation • 9350 Desoto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 0 0 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211 KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. J. ANDERSON, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Brad L. SETTGAST, of Fullerton, California, its krue and lawfu agent and Attomey -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as it and deed and all bonds and undertakings and the execution of such bonds or undertakings in pursuance of resents, as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been ecuted owledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their o _ per perk » The said Assistant Secretary does hereby certify th; Section 2, of the By -Laws of said Company, and is IN WITNESS WHEREOF, the said Vice - affixed the Corporate Seal of the said FIDE 2001. 0 ATTEST: '�o ocvosri r State of Maryland County of Baltimore ss: Fentfoand xtract ser.�r -on the reverse side hereof is a true copy of Article V1, ce . t Secretary have hereunto subscribed their names and ND DIT COMPANY OF MARYLAND, this 8th day of June, A.D. �. E. Smith FIDELITY AND DEPOSIT COMPANY OF MARYLAND -Cl �� By: Assistant Secretary Af J Anderson Vice President On this 8th day of June, A.D. 2001, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. J. ANDERSON, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my Official Seal the day and year first above written. d Fyy 1gTAtV! POA-F 012 -4152C Carol J Fader Notary Public My Commission Expires: August 1, 2004 0 9 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attomeys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN ESTUMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 26th day of April , 2002 Assistant Secretary CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN FRONT STREET END IMPROVEMENTS: FERN, GRANT, HIGHLAND, NORDINA, AND SONORA STREETS CONTRACT NO. 3383 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Dollars ($ ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of OCEAN FRONT STREET END IMPROVEMENTS: FERN, GRANT, HIGHLAND, NORDINA, AND SONORA STREETS, Contract No. 3383 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. Name of Contractor (Principal) Name of Surety ized Agent Signature Address of Surety Telephone Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 OCEAN FRONT STREET END IMPROVEMENTS: FERN, GRANT, HIGHLAND, NORDINA, AND SONORA STREETS CONTRACT NO. 3383 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Name, Address, Telephone # Bid Item Number Description of Work Percent of Total Bid a Bidder N Authorized ignature/Tite CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN FRONT STREET END IMPROVEMENTS: FERN, GRANT, HIGHLAND, NORDINA, AND SONORA STREETS CONTRACT NO. 3383 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number Project Description Approximate Construction Dates: From Agency Name 61 Contact Person W Ly 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. 7 No. 2 Project Name /Number Project Description i 0 Approximate Construction Dates Agency Name From i To: C (� 0 / OF- kzAC.. Contact Person �� 1,11�c�T Telephone Original Contract Amount $ Final Contract Amount $ Z- -701i 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. "u No. 3 Project Name /Number P'0n.tL Project Description ( 0 1,- I /V-' £ ip Lx)e r "43 Approximate Construction Dates: From 616 i To: Agency Name C [ u� our e LJu °t)S Contact Person �1 ��t�� Telephone Original Contract Amount Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) l jlka^j� 04et-%, 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. 4 Project Name /Number �'iswns� 5��-t �lrts Project Description S�7zizsf lvh� Rr�� -hc� s Approximate Construction Dates: From Ct r To: %�o f Agency Name C- l3— W (l i -� L. d k Contact Person 1q 1 i lL< V4162- r -'L Telephone (io`i) Original Contract Amount $Z(W�' Final Contract Amount $ Zf 11 ' 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 ��T�;T- 0'e �v -t L I n2a Project Description .57Xe'LYr Approximate Construction Dates: From b r- To: Agency Name bl,o5 n / Contact Person A4l0, IOC F -9,Tl. Telephone (iu4- 711ti 7`�"' Original Contract Amount $Final Contract Amount $ I 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. 0 No. 6 Project Name /Number Project Description S Approximate Construction Dates: From To: T 1 Agency Name C Contact Person 'l / % L L CI �A"o Telephone (lao Original Contract Amount $ Ci3� Final Contract Amount $ � ,u 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. � ) 5) 0- �,J, - /_a - Bidder AuthorizXd Signatur /Title IM 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN FRONT STREET END IMPROVEMENTS: FERN, GRANT, HIGHLAND, NORDINA, AND SONORA STREETS CONTRACT NO. 3383 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of 02 - ) being first duly sworn, deposes and says that he or she is of D3Nc— -K- , the party making the foregoi g 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. 1 declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. j 0C Bidder Authorize ignature(T) e Subscribed and sworn to before me this day of 2002. [SEAL] Notary Public My Commission Expires: 11 0 State of California } } ss. County of Orange } 0 On April 26. 2002 , before me, Brad L. Settgast, Notary Public Date Name and Title of officer (e.g., "Jane Doe. Notary Public ") Personally appeared James DeArmond 4aaLSCr• .. I .. SL. ` Aeoeaa r (n r +p A # 125359 ' t :...0 �NUrpflNIN 77 a Place Notary Seal Above OPTIONAL Though the information below is not required by law. it may prove and could prevent fraudulent removal and reattachment of this form to another document ® personally known to me El Proved 1161 Fine OR the basis-ef-sall evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): _ ❑ Partner - -- ❑Limited ❑ ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: 01997 National Notary Association. 9350 Desoto Ave., P.O. Box 2402 . Chatsworth, CA 91313.2402 0 rI CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN FRONT STREET END IMPROVEMENTS: FERN, GRANT, HIGHLAND, NORDINA, AND SONORA STREETS CONTRACT NO, 3383 DESIGNATION OF SURETIES Bidders name "Joc— �* 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): Pu i lam 1'Z k3 r 12 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN FRONT STREET END IMPROVEMENTS: FERN, GRANT, HIGHLAND, NORDINA, AND SONORA STREETS CONTRACT NO. 3383 CONTRACTOR'S INDUSTRIAL SAFETY RECORD loc. 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. contracts IZ Total dollar Amount of Contracts (in a Thousands 2Iaz_ No. of fatalities C) No. of lost Workday C) Ca C�1 Cases No. of lost workday cases involving permanent transfer to another job i or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 0 Legal Business Name of Bid r Business Addressde: �. _ 5Vgk 5) ?27 Business Tel. No.: State Contractor's License No. and / Classification: �,��j33 % 4 Title The above information was compiled from th4 records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN FRONT STREET END IMPROVEMENTS: FERN GRANT HIGHLAND NORDINA, AND SONORA STREETS CONTRACT NO. 3383 ACKNOWLEDGEMENT OF ADDENDA Bidders name � ) 6c The bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Si nature 15 w • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN FRONT STREET END IMPROVEMENTS: FERN, GRANT, HIGHLAND, NORDINA, AND SONORA STREETS CONTRACT NO. 3383 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: 1 �] Business Add Telephone and Fax Number: California State Contractor's License No. and Class: (�iJ J �S' `� i (REQUIRED AT TIME OF AWARD) Original Date Issued: /%g Expiration Date: List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: J 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 ve A; Corporation organized under the laws of the State of 16 a • The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: IV / , N L� All company, corporate, or fictitious interest in this proposal are as follows: business names used by any principal having . L, 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. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.) ?Yes / No Are any claims or actions unresolved or outstanding? Yes / No 17 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. i �C�v� Bidder Subscribed and sworn to before me this (Print name of Owner or President of Co rati n/ mpany) Authori d Signature itle Title Date 18 day of [SEAL] 2002. 0 State of California } } ss. County of Orange } 9 On April 26. 2002 , before me, Brad L. Settgast, Notary Public Dale Name and Title of Officer (e.g., 'Jane Doe, Notary Public'( Personally appeared James DeArmond , Place Notary Seal Above ® personally known to me PFQved to me on the bas-ii;ti eyidease to be the persons) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. yr r lV#VI L Though the information below is not required by law, it may prove valuable to persons relying on the and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: rI "A# # 1253598 m Individual C4!QRNIA y-I Corporate Officer— Title(s): _ GOIJPITY Uj y rtc .,(�f -r LySf 14.200) > Attorney -in -Fact ❑ Trustee ❑ Place Notary Seal Above ® personally known to me PFQved to me on the bas-ii;ti eyidease to be the persons) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. yr r lV#VI L Though the information below is not required by law, it may prove valuable to persons relying on the and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): _ ❑ Partner - -- ❑Limited ❑ ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: 01997 National Notary Association . 9350 Desoto Ave., P.O. Box 2402 • Chatsworth, CA 913132402 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN FRONT STREET END IMPROVEMENTS: FERN, GRANT, HIGHLAND, NORDINA, AND SONORA STREETS CONTRACT NO. 3383 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 OCEAN FRONT STREET END IMPROVEMENTS: FERN, GRANT, HIGHLAND, NORDINA, AND SONORA STREETS CONTRACT NO. 3383 CONTRACT THIS AGREEMENT, entered into this _ day of , 2002, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and JDC, Inc., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: OCEAN FRONT STREET END IMPROVEMENTS: FERN, GRANT, HIGHLAND, NORDINA, AND SONORA STREETS Project Description 3383 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. 3383, 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 9 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 seventy- seven, eight hundred twenty-five and 00 /100 Dollars ($177,825.00). 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: Stephen J. Luy (949) 644 -3330 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: CONTRACTOR JDC, Inc. P.O. Box 3448 Rancho Cucamonga, CA 91729 909- 899 -4841 909- 899 -4842 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 DOlicv are to be sinned by a oerson authorized by that 21 0 0 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 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 22 0 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 i. 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. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, 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 M 0 9 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. 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 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 APP R V D AS TO FORM: CITY ATTORNEY 25 CITY OF NEWPORT BEACH A Municipal Corporation By: Mayor JDC, INC. By: Authori ed Signature ind Title 0 State of California } } as. County of Orange } 0 On May 15. 2002 , before me, Brad L. Settgast, Notary Public Date Name and Title of Officer (a.9..'Jan. Doe, Notary PulcW) Personally appeared James DeArmond Place Notary Seal Aeove OPTIONAL Though the information below is not required bylaw. it may prove and could prevent fraudulent removal and reattachment of this form to another document ® personally known to me preyed to me an the basis of satqsfaGtGFY evideaee to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer a3 ❑ Individual ❑ V It ❑ Partner - -- ❑Limited [ Place Notary Seal Aeove OPTIONAL Though the information below is not required bylaw. it may prove and could prevent fraudulent removal and reattachment of this form to another document ® personally known to me preyed to me an the basis of satqsfaGtGFY evideaee to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): - ❑ Partner - -- ❑Limited [ ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer is Representing: Number of Pages: 01997 National Notary Assouation. 9350 Desoto Ave.. P.O. Box 2402 • Chatsworth, CA 91313.2402 ACORD CERTIFICA'W OF LIABI Armstrong /Robitaille Bus &InsSv 680 Langsdorf Drive, Suite 100 PO Box 34009 Fullerton, CA 92834 -9409 INSURED James De Armond Construction, JDC, Inc. P.O. Box 3448 Rancho Cucamonga, CA 91729 COVERAGES ONLY Inc. DBA: riNSURERB: INSURER D: �U� E DATE (MM/OD/ 05/15/0 02 j T l T¢¢{��,,$��ISSU D AS A MATTER OF INFORMATION AND C)T= NO RIGHTS UPON THE CERTIFICATE t. THIS CERTIFIC E DOES NOT AMEND, EJCTEND OR T49Es� FORDED BY THE POLICIES BELOW. DWport R - FFORDING COVERAGE Westchester Fire Insurance Cc Golden Eagle Ins Corporation State Compensation Ins Fund THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, IPOLICYEFFECTIVE INSR TYPE OF INSURANCE I POLICY NUMBER LTR' ,POLICYEXPIRATIONI DAT MM/DD/YV DATE MMlDD/YY LIMITS A GENERAL LIABILITY IGLS682565 :07/01/01 07/01/02 EACH OCCURRENCE $1,,000, 000_ X COMMERCIAL GENERAL LIABILITY I �, FIRE DAMAGE(Anyonefira) $ 00(] _— .. CLAIMS MADE X OCCUR( M ED EX P(Any one person) $5,._000 PERSONALBADV INJURY $1, 000, 000 GENERAL AGGREGATE . $2 , 0 0 0 ,. O 0 0 I GEN'L AGGREGATE LIM IT APPLIES PER I PRODUCTS - COMP /OP AGO S ILO O O POLICY X PET LOC I- __.. '.000 B !AUTOMOBILE LIABILITY ICCP55236301 07/01/01 :07/01/02 1 COMBINED SINGLE LIMIT '.�51 . X ANY AUTO (Eaaccidem) r 000,000 ALL OWNED AUTOS BODILY INJURY $ ,.. SCHEDULEDAUTOS (Per person) __... j X HIRED AUTOS ...._— .. ...._-- __.._.... BODILY INJURY $ X NON -OWNED AUTOS (Per accident) I________ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO EA ACC 1$ 'OTHER THAN AUTO ONLYt AGO $ A EXCESS LIABILITY CUS225156 07/01/01107/01/02 iEACHOCCURRENCE $l 000, -000 _! OCCUR CLAIMS MADE AGGREGATE — __ $1 , 0 0 0 , 0 0.0 _ DEDUCTIBLE RETENTION IS $ C WORKERS COMPENSATION AND ;158920901 WC STATU- 07/01/01 07/01/02 X; pAYyNLT�L. iOER EMPLOYERS' LIABILITY ! "- "- " - - - -- i.E.L. EACH ACCIDENT_ _ S1, 000__,000 1 E.L. DISEASE EA EMPLOYEE $1, 000 _000 ..._.— ,E.L. DISEASE - POLICY LIMIT I. S 1, 000, 000 B OTHER Equipment ICCP55236301 07/01/01 107/01/02;$500 Deductible Rented /Leased :$50,000 Each Item 100,000 Max DESCRIPTION OF OPERATIONSILOCATDNS EHICLE&EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS 30 Days Notice of Cancellation Except 10 Days For Non Payment of Premium RE: Ocean Front Street End Improvements: Fern, Grant, Highland, Nordina, and Sonora Streets, Contract No. 3383 City of Newport Beach Public Works Department, its officers,agents, (See Attached Descriptions) City of Newport Beach, Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 ACORD25- S(7re7)1 of 3 #S169669/M142643 SH OULD ANY OF TH E AS OVE D ESCRIB E D POLIC IE S B E CAN CE LL E D B EFORE TH E EXPIRATION I DATE THEREOF, THE ISSUING INSURER WILL X3Q0(e)M)UPXAIL 3- O_DAYS WRITTEN N OTIC E TO TH E CE RTIFICATE H OLD E R NAM E D TO TH E LEFT,k9UrAK jWXgpQyppgpC}C AUTHORIZED LKC 0 ACORD CORPORATION 1888 I .. • DESMPTIONS (Continued from MW 1) officials, employees and volunteers are named additional insureds as respects general liability per CG20101185 endorsement attached. This insurance is primary and noncontributory as required by written contract. Waiver of Subrogation applies as respects Workers' Compensation. Endorsement to follow from carrier. AMS 25.3(07/97) 3 of 3 #S169669/M142 u POLICY NUMBER: GLS682565 COMMERCIAL GENERAL LIABILITY James De Armond Construction, Inc., DBA: JDC, Inc. 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: City of Newport Beach Public Works Department, its officers, agents, officials, employees and volunteers 30 DAYS NOTICE OF CANCELLATION EXCEPT 10 DAYS FOR NONPAYMENT OF PREMIUM (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Job Description: Ocean Front Street End Improvements: Fern, Grant, Highland, Nordina and Sorona Streets, Contract No. 3383 Such insurance as is afforded by the General Liability policy is primary insurance and no other insurance of the additional insureds will be called upon to contribute to a loss. CG 20 10 111 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 13 STATE. P.O. BOX 420807, SAN FRANCISCO, CA 94142 -0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE MAY 16, 2002 POLICY NUMBER: 1589209 01 .. CERTIFICATE EXPIRES: 7 -1 -02 RE1 "ED CITY OF NEWPORT BEACH PBLC WKS DB EC 3300 NEWPORT BLVD MAY 2 0 2002 NEWPORT BEACH CA 92663 I Public 4Yorks Dar FRONT ST END IMPROVE City cr Newport 6eac :FERN, GRANT, HIGHLAND: NORDINA,AND SONDRA STS CONTRACT NO. 3383 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 polcy period indicated. This policy is not subject to cancellation by the Fund except upon XX days' advance written notice to the employer. 30 We will also give you M 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 alter 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. _ AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS'NOTICE EFFECTIVE 07/01/01 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 05/16/02 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH PBLC WRS DEPT EMPLOYER F JAMES DEARMOND CONSTRUCTION INC P.O. BOX 3448 RANCHO CUCAMONGA CA'91739 MAY - 212002 TUE 10.00 AM CAL NCE FAX N0, 7149 91654 P. 01/01 CERTIFICATE OF INSURANCE CHECKLIST CITY OF NEWPORT BEACH THIS CHECKLIST I: COMPRISED OF REQUIREMENTS AS OUTLINED ABY THE CITY OF NEWPORT BEACH. DATE RECEIVED:_. �ca�0 O� DEPARTMENT/CONTACT RECEIVED FROM, p1f'K_S i DATE COMPLETEI: "i�(' a SENT TO: (ShwA L_ j u r- BY: ^ NW 1 COMPANY/PERSOI REQUIRED TO HAVE CERTIFICATE: laP /tYNLU✓lC{ �)dlbh�q,� I ✓t Q 106A'. COL 1�c. / I. GENERAL LI . ILITY: I �. A. INSURANC: ', COMPANY: I��YW yYl�z +L� 11�1/� w LiUVICC B. AM BEST P ITING (A VII or greater): 1 i C. ADMITTEI: COMPANY: ( Must be California Admitted) Is compan admitted is California? Yes No__ D. LIMITS: (N: st be $1,000,000 or greater) What is limit provided? boo wo ! 0100 660 E. PRODUCT,: AND COMPLETED OPERATIONS: (Must Include) Is it included? Yes No F. ADDITION: L INSURDED WORDING TO INCLUDE: ( The City its officers, agents, officials, employees and volunteers). Is it included? Yesig No_ G. PRIMARY: ND NON CONTRIBUTORY WORDING: (Must be included) Is it included? Yes No____ H. CAUTION! "Confirm that loss or liability of the Named insured is not limited solely by their negligence.) Does endon . ment include "solely by negligence" wording? Yes Noc I. NOTIFICA'1 ON OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mai ; pet Lauren Farley the City will accept the endeavor wording. II. AUTOMOBILE 7 i COMITY: /` r A. INSURANC COMPANY: �) D Ul D B. AM BEST I; kTING (A VII or greater): l ACV C. ADMI'1TEI COMPANY: ( MUST BE CALIFORNIA ADMITTED) Is company admitted? Yes—k No D. LIMITS: (I. astbe $1,000,000 minimtun BI & PD and $500,000 UM) What is limits rovided? 11QQQD00 E. ADDTTIOA .L INSURED WORDING TO INCLUDE: (The City its officers ,agents, officials, employees and volunteers). Is it included? Yes _X No / F. PRIMARY, ND NON CONTRIBUTORY WORDING: (For Waste Haulers Only). Is it included? Yes Ao G. NOTIFICA. ION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified m:. ; per Lauren Farley the City will accept the endeavor wording. III. WORKERS COI IPENSATION: A. INSURANC 3 COMPANY: 5- U � /g fxo,07- B. AM BEST'.:.ATING (A VII or greater) fy1 U < jeak X) 1 I C. LIMITS: Si utary \\r D. WAVIER G : SUBROGATION: (To include). Is it included? Yes d No_, HAVE ALL A LOVE REQUIREMENTS BEEN MET? Yes No IF NO, WHIC"I 'ITEMS NEED TO BE COMPLETED? 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL OCEAN FRONT STREET END IMPROVEMENTS: FERN, GRANT, HIGHLAND, NORDINA AND SONORA STREETS CONTRACT NO. 3383 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P. O. Box 1768 Newport Beach, California 92663 -8915 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3383 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit and lump sum 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 Lump Sum Clearing and Grubbing "r Dollars and Per Lump Sum 2. Lump Sum Mobilization Dollars and Cents Per Lump Sum 1 Lump Sum Traffic Control EWE JO '9,J Dollars 0 Per Lump Sum and Cents $ lcu�- G� w • PR2of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE a 5. a 7 0 720 L.F. Construct Type "B" P.C.C. Curb Dollars and Cents Per Linear Foot 1,190 S.F. P.C.C. Driveway Approach $ I2 - $ ��, fF Construct w- Dollars and , I51, (-I Cents $ `t $ T3s' Per Square Foot 2,400 S.F. Construct P.C.C. Sidewalk Tw- -WI,a. -s Dollars and 6 Fri, Cents $ Per Square Foot 625 S.F. Construct P.C.C. Landing with Thickened Edge Dollars and L/ Cents $ 7 $ Per Square Foot 5,040 S.F. Construct 8 -inch Thick P.C.C. Roadway %vt Dollars and -7 Cents $ $ G Z Per Square Foot 0 PR3of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 9. 5 Each Install 1 -inch Water Service (Including Trench Resurfacing where applicable) u-� ! Dollars r— and C`- Cents Per Each 10. 5 Each Install P.C.C. Meter Box With Traffic Cover 4 L,,C% Dollars and Cents Per Each 11. Lump Sum Install Irrigation System and Irri ation Modifications .i,..+l.�1vc Dollars and °�— Cents Per Lump Sum 12. 250 L.F. Install Sch -40 Gray 1 -inch Conduit Dollars and Cents Per Linear Foot 13. 5 Each Install New Galvanized Steel Parking Meter Posts �� 1✓ ^� -� Dollars and Cents Per Each $CL;, $V_J i $ Ir $ 1� 0 PR4of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 14. Lump Sum Provide and Install Landscaping S1LN Dollars and Cents $ la7 Per Lump Sum 15. 634 L.F. Construct Block Wall Planters Including Foundation l G%+'a' Dollars and Cents $ $ 2z I (fib"' Per Linear Foot 16. 900 L.F. Remove Existing Block Wall Cap and Construct Additional Block Wall Course to Existing Block Wall Planter Dollars and 0: . _Cents $ $ Per Linear Foot 17. 1,050 L.F. Install 2' /z -inch Schedule -40 Electric Conduit for Sprinkler Irrigation Valve Wiring Dollars and } Or, Cents $ I I $ Per Linear Foot 18. 3,500 L.F. Install 14 Gauge Sprinkler Control Wire Dollars and Cents $ $ 75 Per Linear Foot 0 • PR5of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 19. 5 Each Install P.C.C. Meter Box With P.C.C. Cover (Electrical) Dollars and Cents sc> Per Each 20. Lump Sum 60 -Day Plant Establishment and Maintenance Period Dollars and _ r Cents $ $ Per Lump Sum TOTAL PRICE IN WRITTEN WORDS e- l/ - µe'IJdj/ F /plc �<-rF /�� c�> /'ni Ii - fI- %jvirr�..lc /) r�nllarc and 4-- Cents Date �BYZ- Bidder's Telephone and Fax Numbers Bidders License No(s) and Classification(s) Total Price (Figures) Bidder C X Z, de s AuthorizEA Signature and Title I_.0 yyf ld er's Address F: \USERS\PBWtShared \Contracts \FY 01 -02 \OCEAN FRONT STREET ENDS C- 3383 \PROPOSAL C- 3383.doc • • 1 1 1 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 4 4 4 5 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS OCEAN FRONT STREET END IMPROVEMENTS FERN, GRANT, HIGHLAND AND NORDINA STREETS CONTRACT NO. 3383 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Services 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -7 ADJUSTMENTS TO GRADE 5 -8 SALVAGED MATERIALS 5 -9 ONSITE UTILITES SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 6 -7.4 Working Hours 1 1 1 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 4 4 4 5 0 0 6 -9 LIQUIDATED DAMAGES 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -7 COOPERATION AND COLLATERAL WORK 5 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 6 7 -8.8 Steel Plates 6 7 -9 PROTECTION AND RESTORATION OF 6 EXISTING IMPROVEMENTS 7 -10 PUBLIC CONVENIENCE AND SAFETY 6 7 -10.1 Traffic and Access 6 7 -10.2 Storage of Equipment and Materials in Public Streets 6 7 -10.3 Street Closures, Detours, Barricades 6 7 -10.4 Public Safety 7 7- 10.4.1 Safety Orders 7 7 -10.5 "No Parking" Signs 7 7 -10.6 Street Sweeping Signs 7 7 -10.7 Notice to Residents and Temp Parking Permits 7 7 -15 CONTRACTOR LICENSES 8 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 8 SECTION 9 MEASUREMENT AND PAYMENT 8 9 -3 PAYMENT 8 9 -3.1 General 8 9 -3.2 Partial and Final Payment 11 PART 2 - -- CONSTRUCTION MATERIALS SECTION 212 LANDSCAPE AND IRRIGATION MATERIALS 11 212 -1 LANDSCAPE MATERIALS 11 212 -1.4 Plants 11 212 -1.4.1 General 11 212 -1.4.2 Trees 11 212 -1.4.3 Shrubs 11 212 -2 IRRIGATION SYSTEM MATERIALS 12 212 -2.1 Pipe and Fittings 12 212 -2.1.3 General 12 212 -2.2 Valve and Valve Boxes 12 212 -2.2.4 Remote Control Valves 12 212 -2.2.7 Valve Boxes 12 11 • 212 -2.4 Sprinkler Equipment 12 212 -3 ELECTRICAL MATERIALS 12 212 -3.2 Conduit and Conductors 12 212 -3.2.2 Conductors 12 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 13 300 -1 CLEARING AND GRUBBING 13 300 -1.3 Removal and Disposal of Materials 13 300 -1.3.1 General 13 300 -1.3.2 Requirements 13 300 -1.5 Solid Waste Diversion 13 SECTION 302 ROADWAY SURFACING 13 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 13 302 -6.6 Curing 13 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 13 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 13 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 13 303 -5.1.1 General 13 303 -5.5 Finishing 14 303 -5.5.2 Curb 14 303 -5.5.4 Gutter 14 SECTION 306 UNDERGROUND CONDUIT CONSTRUCTION 14 306 -1 OPEN TRENCH OPERATIONS 14 306 -1.5 Trench Resurfacing 14 306 -1.5.1 Temporary Resurfacing 14 PART 4 SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT 14 CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 14 400 -2.1 General 14 400 -2.1.1 Requirements 14 • • SP OF 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS OCEAN FRONT STREET END IMPROVEMENTS: FERN, GRANT, HIGHLAND, NORDINA AND SONORA STREETS CONTRACT NO. 3383 INTRODUCTION All work necessary for the completion of this contract shall be done in accord with (1) these Special Provisions; (2) the Plans (Drawing No. (Drawing No. R- 5741 -S & T -5808- 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, California, 92802, telephone (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 constructing curb, roadway, sidewalk, planters, landscaping, irrigation systems, driveway approaches, irrigation plumbing, irrigation wiring conduit, modifying existing block wall planters, adjusting City -owned utility frames and covers to finished grade, and constructing other incidental items of work." 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The City will provide construction staking as required to construct the improvements. Any additional stakes or any re- staking, 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. The City's Surveyor will file a Corner Record or Record of Survey with the County • SP2OF14 Surveyors Office prior to the start of any construction. After completion of all construction, the City's Surveyor will file a Corner Record or Record of Survey with the County Surveyors Office for any monuments that have been replaced. All existing street and property corner monuments are to be preserved. 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 of 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 Contractors 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." 0 • SP3OF14 SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the engineer with full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When in the opinion of the Engineer, additional tests or inspections are required because of unsatisfactory results regarding the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust to finish grade City - owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor shall coordinate the adjustment of Southern California Edison, The Gas Company, Pacific Bell and cable television facilities to the finish grade with the appropriate utility company. 5 -8 SALVAGED MATERIALS. Salvaged materials shall be delivered to the City's Utility Yard located at 949 West 16th Street, Newport Beach. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 -3402. 5 -9 ONSITE UTILITIES. The Contractor shall cut and cap any encroaching irrigation or electrical lines, from adjacent properties, at the property line. The Contractor is cautioned that an 8 -inch D.I.P. water main is located near the area of excavation. If the Contractor damages the main, the Contractor shall repair, pressurize, test and disinfect the main in accordance with Section 306 -1.4.5 & 7 of the Standard Special Provisions. The Contractor shall be responsible for any damages to existing utilities resulting from his operations. SECTION 6 - -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time for completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed ." • • SP4OF14 The Contractor shall furnish City with certificates of insurance with original endorsements effecting coverage required by this contract (Section G) to the City for processing and approval prior to City permitting any work on site to commence. No work shall begin until a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be constructed as the basis for payment of extra work because additional personnel and equipment were required on the job." The term "work" as used herein shall include all removals, adjustments and the construction of curb, gutter, roadway, sidewalk, planters, landscaping, irrigation systems, driveway approaches, irrigation plumbing, irrigation wiring conduit, modification of existing block wall planters, adjustment of City -owned utility frames and covers to finished grade, and construction of other incidental items of work." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within fifty consecutive working days after the date on the Notice to Proceed. The Notice to Proceed will state that the fifty consecutive working days will start on September 16, 2002. No work shall commence until September 16, 2002. The sixty (60) consecutive calendar days plant establishment and maintenance period shall commence immediately after all construction work has been completed. It will be the Contractor's responsibility to ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1 st, 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), and December 25th (Christmas). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." • • SP5OF14 6 -7.4 Working Hours. Normal working hours are limited to 8:00 a.m. to 4:30 p.m. Monday through Friday. Should the Contractor elect to work outside normal working hours, he must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $55.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the fifty consecutive working days specified for completion of the work, as adjusted in accordance with subsection 6 -6, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00." Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time." The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned, continuous sequence so as to minimize the time that the street ends are closed to the public. SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "The Contractor shall provide and install new water meter and valve boxes with covers. All existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve box frame and covers and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Pete Antista, Utilities Superintendent, at (949) 718 - 3402." 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use the City's water, he shall arrange for a meter and tender a $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." • • SP6OF14 7 -8.6 Water Pollution Control. Add to this section: "Surface runoff water containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into the storm drain system." 7 -8.8 Steel Plates. The City can provide a limited quantity of steel plates. These plates may be obtained for a rental charge of $15.00 per plate per week or part thereof. In addition the Contractor shall deposit $100 for the use of the City's lifting eye fitting and for the use of trench plates. The Contractor shall obtain plates from and return plates to the City's Utilities Yard at 949 West 16th Street, Newport Beach. To determine the number of plates available and to reserve the plates, the Contractor must call the City's Utilities Superintendent, Mr. Peter Antista, at (949) 718 -3402. 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. Add to this section: "The Contractor shall notify the Engineer at least two working days in advance of starting removals so that all street and beach signs may be removed by others in a timely manner." 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accord with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc." The Contractor shall phase his construction is such a manner as to minimize the inconvenience to the public and maintain vehicle, pedestrian and bicycle traffic on Seashore Drive. Full vehicular access to any garage shall not be prohibited for longer than 10 consecutive working days under any circumstances. 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials may be stored in approved areas of streets or parking lot areas." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor will be responsible for processing and obtaining approval of a traffic control plan from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. All traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), 2001 Edition. The traffic control and detour plans must meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that ail 0 • SP 7 OF 14 pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and /or lighted. 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 and alleys have posted "NO PARKING" signs) which he shall post at least 48 hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division at (949) 644 -3717, for verification of posting at least 48 hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimension of 12- inches wide and 18- inches high; and (3) be similar in design and color to sign R -38 of the Caltrans Uniform Sign Chart. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING - TOW AWAY" signs in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.6 Street Sweeping Signs. After posting "NO PARKING - TOW AWAY" signs, the Contractor shall cover street sweeping signs, on those streets adjacent to construction, in a manner approved by the Engineer. Immediately after construction is complete and the street end is opened to traffic, the Contractor shall uncover the street sweeping signs. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to the adjacent residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours before the start of any construction, the Contractor shall distribute to the adjacent residents a written notice stating when construction operations will start and what disruptions may occur and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The written notices will be prepared by • • SP 8 OF 14 the Engineer. The Contractor shall insert the applicable dates and times when the notices are distributed. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the Engineer. 7 -15 CONTRACTOR LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. At the start of work and until completion of work, the Contractor shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the jobsite at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and 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 bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: 'The unit and lump sum prices bid for each item of work shown on the proposed shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work to complete the work in place and no other compensation will be allowed therefor. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal. Item No. 1 Mobilization: Work under this item shall include all preparation and scheduling of materials and equipment necessary to complete the work under this contract. This item shall also include the delivery of all required notifications, posting of signs and all other costs incurred in notifying the residents. Item No. 2 Clearing and Grubbing: Work under this item shall include removal and disposal of all natural and artificial materials, including P.C.C. and asphalt, within the • • SP9OF14 project limits and any equipment necessary to complete the work under this contract. The cost of all sawcutting and mailbox relocation shall also be included under this item. Item No. 3 Traffic Control: Work under this item shall include providing the traffic control required by the project including, but not limited to, preparation of traffic control plans, signs, cones, barricades, flashing arrow sign, K -rail, striping, flagmen and all other work necessary to comply with the W.A.T.C.H. manual, latest edition, and City of Newport Beach requirements. Item No. 4 Construct Type "B" P.C.C. Curb: Work under this item shall include construction of Type "B" P.C.C. curb per City of Newport Beach Std. -182 -L and all other work necessary to construct Type "B" Curb complete and in place including beach grading and chipping of existing footings. Item No. 5 Construct P.C.C. Driveway Approach: Work under this item shall include construction of P.C.C. driveway approach per applicable portions of City of Newport Beach Std. -163 -L and all other work necessary to construct the driveway approach complete and in place. Item No. 6 Construct P.C.C. Sidewalk: Work under this item shall include construction of P.C.C. sidewalk per applicable portions of City of Newport Beach Std.- 180-L and all other work necessary to construct the sidewalk complete and in place. Item No. 7 Construct P.C.C. Landing with Thickened Edge: Work under this item shall include the construction of a P.C.C. landing with thickened edge and all other work necessary to construct the landing with thickened edge, complete and in place. Item No. 8 Construct 8 -Inch Thick P.C.C. Roadway: Work under this item shall include compaction and construction of 8 -inch thick P.C.C. roadway and all other work necessary to construct the roadway complete and in place. Item No. 9 Install 1 -Inch Water Service: Install new 1 -inch water service in accordance with the City of Newport Beach Std - 502 -L, including, but not limited to, exposing utilities in advance of the work, trench excavation, control of ground or surface water, backfill, compaction, disposal of excess excavated materials, installation of Type "K" copper tubing, and all other work necessary to install the water service complete and in place. Item No. 10 Install P.C.C. Meter Box With Traffic Cover: Install new 1 -inch water meter box, with cast iron traffic cover, per applicable portions of City of Newport Beach Std - 502 -L, including but not limited to, disposal of excess excavated materials, installation of a new meter box and cast iron traffic cover and all other work necessary to install the water service complete and in place. Item No. 11 Install Irrigation System and Irrigation Modifications: Work under this item shall include furnishing and installing all schedule 40 irrigation lines and fittings, • • SP 10 OF 14 Toro 500 and 570 sprinkler heads, anti - siphon valves and Griswald DW Series 3/4 -inch electric remote control irrigation valves. Work under this item shall also include installing new irrigation wires, to a minimum four foot depth, to the new electric irrigation valves, connecting to the new irrigation valves and verifying continuity in the circuit with the existing sprinkler control equipment located at 56th Street and all other work necessary to connect the new irrigation valves to the existing sprinkler control equipment. Work under this item shall also include modifying and adding irrigation to four existing street ends. Installation of new green H.D.P.E. irrigation box for water valves, Carson Brooks No. 1419 with lid marked "IRRIGATION CONTROL VALVE" and all work necessary to install the landscaping complete and in place shall also be included. Item No. 12 Install 1 -inch Schedule 40 P.V.C. Gray Electric Conduit for Future Telephone Wiring: Work under this item shall include furnishing and installing all 1 -inch schedule 40 gray P.V.C. conduit for future telephone wiring, Including moving and distributing excess sand, and all other work necessary to install the conduits complete and in place. Item No. 13 Install New Galvanized Steel Parking Meter Posts: Work under this item will include furnishing and installing new galvanized steel parking meter post per C.N.B. Std. -920 -L complete and in place. Item No. 14 Provide and Install Landscaping: Work under this item shall include providing and installing Mediterranean Fan Palms, import soil, soil amendments and miscellaneous plants, as approved by the Park and Tree Superintendent and noted in the plans. Work under this item shall also include furnishing and installing additional palm trees, landscaping, soil amendments and import soil at seven previously completed street ends, and all other work necessary to install the landscaping complete and in place. Item No. 15 Construct Block Wall Planters: Work under this item shall include excavation, forming, pouring footings and constructing two reinforced concrete block wall planters per street end, including additional block wall planters at four previously finished street ends, and all work necessary to construct the planters complete and in place. Item No. 16 Remove Existing Cap and Construct Additional Courses for Block Wall Planters: Work under this item shall include removing the existing block wall cap and constructing additional courses of block wall, per the plans and all work necessary to raise the existing planter height complete and in place. Item No. 17 Install 21/2-inch Schedule 40 P.V.C. Electric Conduit for Sprinkler Irrigation Valve Wiring. Work under this item shall include furnishing and installing all 2'/2 -inch schedule 40 gray P.V.C. conduit for sprinkler irrigation lines, Including moving and distributing excess sand, and all other work necessary to install the conduits complete and in place. • SP 11 OF 14 Item No. 18 Install 14 -gauge Sprinkler Control Wire for Sprinkler Irrigation Valve Wiring: Work under this item shall include furnishing and installing all 14 -gauge insulated and color coded sprinkler control wire for sprinkler irrigation lines, and all other work necessary to install the wiring complete and in place. Item No. 19 Install P.C.C. Meter Box (electrical) With P.C.C. Cover: Work under this item shall include furnishing and installing new 2 -1/2 inch meter box , with P.C.C. cover, per applicable portions of City of Newport Beach Std - 502 -L, including, but not limited to, disposal of excess excavated materials, installation of a new meter box and P.C.C. cover and all other work necessary to install the meter box complete and in place. Item No. 20 60 -Day Plant Establishment and Maintenance Period: Work under this item shall include the maintenance of all plantings, weeding, irrigation, fertilization, replacement of dying plantings for a period of 60 consecutive calendar days, and all other work necessary for 60 -day plant establishment and maintenance complete and in place. 9 -3.2 Partial and Final Payment. Add to this section: 'Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 212 - -- LANDSCAPE AND IRRIGATION MATERIALS 212 -1 LANDSCAPE MATERIALS 212 -1.4 Plants 212 -1.4.1 General. Add to this section: 'The Contractor shall fill the planters with import soil and soil amendments from the bottom of the planter's concrete footings to within 4 inches of the top of planter. Import soil and soil amendments shall be approved by the Engineer prior to placement. The Contractor shall notify Bob Martinez of the Parks Department, (949) 644 -3054, one week prior to the removal of any existing vegetation to allow city forces to salvage any reusable plant material." 212 -1.4.2 Trees. Add to this section: 'The Contractor shall install one multiple trunk, Chamaerops humilis, (Mediterranean Fan Palm Trees), 3 -foot minimum trunk size, at each newly constructed street end." 212 -1.4.3 Shrubs. Add to this section: 'The Contractor shall install Aloe arborensis (Tree Aloe), Raphiolopis 'Pinkie' (Pink Lady) and Lampranthus spectabilis (Trailing Ice • SP 12 OF 14 Plant) at each newly constructed street end and the seven previously constructed street ends. Planting layout and size of plants shall be as indicated on the plans." 212 -2 IRRIGATION SYSTEM MATERIALS 212 -2.1 Pipe and Fittings 212 -2.1.3 General. Add to this section: "All irrigation lines and fittings shall be 3/4" schedule 40 P.V.C. with solvent weld socket fittings. The Contractor shall plug and pressure check the irrigation system to 175 P.S.I. for a period of one hour. Any leaks shall be repaired prior to installing landscape materials." 212 -2.2 Valve and Valve Boxes 212 -2.2.4 Remote Control Valves. Add to this section: "All irrigation valves shall be Griswald DW Series 3/4" Electric Remote Control Valves." 212 -2.2.7 Valve Boxes. Add to this section: "All valve boxes shall be green H.D.P.E. Irrigation Boxes, Carson Brooks No. 1419 with lid marked "Irrigation Control Valve "." 212 -2.4 Sprinkler Equipment. Add to this section: "All sprinkler heads shall be Toro 570 pop up with 4 EST for use in the raised planter and palm tree planter respectively." 212 -3 ELECTRICAL MATERIALS 212 -3.2 Conduit and Conductors 212 -3.2.2 Conductors. Add to this section: "Irrigation wiring is to be a continuous run from end to end with no splices. The common irrigation wire is to spliced only at the valves. All irrigation wires in the pull box shall have a minimum of one foot of additional wire to accommodate any future repair. All irrigation wires in the Lugonia Street pull box shall have a minimum of four feet of additional wire to facilitate connection to the next phase. Irrigation wire for this project and future projects is buried under a sheet of plywood approximately 3 -feet deep located 40 -feet northerly of the centerline of 591h Street and 18 -feet westerly of the property line of the existing homes along Seashore Drive." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials . L • • SP 13 OF 14 300 -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 at 2 -inch minimum depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. 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 any broken concrete, debris or other deleterious material from the job site at the end of each work day." 300 -1.3.2 Requirements 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 inches." And replace the words, "1 1/2-inch" of the last sentence with the words, "two inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer. SECTION 302 -- ROADWAY SURFACING 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 302 -6.6 Curing. The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201- 1.1-2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6 -7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer. SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all • SP 14 OF 14 forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 2,000 psi." 303 -5.5 Finishing 303 -5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer lateral and a chiseled W -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor shall call the City's Utilities Superintendent, Mr. Pete Antista, at (949) 718 - 3402." 303 -5.5.4 Gutter. Add to this section: "The Contractor shall hold the flow line tolerances to within 0.02 feet of those elevations shown on the plan." SECTION 306 - -- UNDERGROUND CONDUIT CONSTRUCTION 306 -1 OPEN TRENCH OPERATIONS 306 -1.5 Trench Resurfacing 306 -1.5.1 Temporary Resurfacing. Add to this section: "The Contractor shall install and secure steel plates or place hot mix asphalt in his trenches to provide a temporary driving surface on all roadway surfaces. The contractor shall apply a tack coat per Section 302 -5.4 of the Standard Specifications. The asphalt concrete (A.C.) used shall be III -C3 -AR -4000 with a thickness equivalent to the roadway's structural section or a minimum of 6- inches thick, which ever is greater, and compacted to 95 %. PART 4 SECTION 400 - -- ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General 400 -2.1.1 Requirements. Add to this section: "The Contractor shall use crushed aggregate base or crushed miscellaneous base as base materials." F :IUSERS \PBW\Shared\Caatracts \FY 01 -02 \OCEAN FRONT STREET ENDS C- 3383 \SPECS C- 3363.doc CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN FRONT STREET END IMPROVEMENTS FERN, GRANT, HIGHLAND, NORDINA AND SONORA STREETS 30- Aug -01 C -3383 Estimate ITEM DESCRIPTION QTY. Units UNIT PRICE TOTAL PRICE 1 Mobilization 1 L.S. 8,967.50 8,967.50 2 Clearing and Grubbing 1 L.S. 3,500.00 3,500.00 3 Traffic Control 1 L.S. 3,000.00 3,000.00 4 Construct Tv e "B" PCC Curb 720 L.F. 12.00 8,640.00 5 Construct PCC Driveway Approach 1,190 S.F. 4.50 5,355.00 6 Construct PCC Sidewalk 2,400 S.F. 3.00 7,200.00 7 Const. PCC Landing W/ Thick Ede 625 S.F. 4.50 2,812.50 8 Construct 8 -inch Thick PCC Roadway 5,040 S.F. 5.00 25,200.00 9 Install 1 -inch Water Service 5 Ea. 1,500.00 7,500.00 10 Install P.C.C. Meter Box W/Traffic Lid 5 Ea. 200.00 1,000.00 I1 Install Irrigation S stem & Irrigation ModiScations 1 L.S. 10,000.00 10,000.00 12 Install Sch 40 Gray 1 -Inch Conduit 250 L.F. 6.00 1,500.00 13 Install Galvanized Meter Posts 5 Ea. 400.00 2,000.00 14 Provide and Install Landscaping 1 L.S. 16,000.00 16,000.00 15 Construct Block Wall Planter 634 L.F. 50.00 31,700.00 16 Remove Exist. Cap and Const Add. Course of Block 900 L.F. 25.00 22,500.00 17 Install Sch 40 Gray 2 1/2 -Inch Conduit 1,050 L.F. 10.00 10,500.00 18 Install 14 Gauge Sprinkler Control Wire 3,500 L.F. 0.50 1,750.00 19 Install P.C.C. Meter Box electrical) W /PCC Cover 5 Ea. 175.00 875.00 2 - ay ant stabishment amtenance Period , Sub- ota ontingency (10%) 1 total F MP 14 2002 TO: Mayor and Members of the City Council FROM: Public Works Department May 14, 2002 CITY COUNCIL AGENDA ITEM NO. 13 SUBJECT: OCEAN FRONT STREET END IMPROVEMENTS: FERN, GRANT, HIGHLAND, NORDINA, AND SONORA STREETS - AWARD OF CONTRACT NO. 3383 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3383 to J,D.C. Inc., for the Total Bid Price of $177,825.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $17,000.00 to cover the cost of testing and unforeseen work. DISCUSSION: At 11:00 A.M on May, 2, 2002, the City Clerk opened and read the following bids for this project: BIDDER Low J.D.C. Inc. 2 International Pavement Solutions 3 Damon Construction Company 4 Atlas- Allied Inc. TOTAL BID AMOUNT $177,825.00 175,950.00 230,127.00 $281,680.00 * Corrected Bid Amount is $198,440.80 The low total bid amount is 1.6 percent above the Engineer's Estimate of $175,000. The low bidder, J.D.C. Inc., of Rancho Cucamonga, California, possesses a General Classification "A" contractor's license as required by the project specifications. J.D.C. Inc., has satisfactorily completed similar concrete repair projects for the City. The work necessary for the completion of this project consists of constructing curb, roadway, sidewalk, planters, landscaping, irrigation systems, driveway approaches, irrigation plumbing, irrigation wiring conduit, modifying existing block wall planters, adjusting city-owned utility frames and covers to finished grade, and constructing other incidental items of work. SUBJECT: OCEAN FRONT ST& END IMPROVEMENTS: FERN, GRANT, HIGHLO, NORDINA, AND SONORA STREETS - AWARD OF CONTRACT NO. 3383 May 14, 2002 Page: 2 The Oceanfront Encroachment Program was adopted by the City and approved by the California Coastal Commission ten years ago. The FY 2001 -2002 Ocean Front Street End Improvement Program provides for the construction of five street end improvements between Fem Street and Sonora Street. The improvements include the construction and replacement of 5,040 square feet of roadway, 2,400 square feet of sidewalk, and 720 lineal feet of curb. The locations are shown on Exhibit "A." Staff obtained a Coastal Commission Permit for the construction of this project. With this final phase of the street end construction, the City will have complied with the requirements as specified in Amendment 23 of the Local Coastal Program Land Use Permit, as agreed to under Resolution 91 -80, by constructing 33 fully improved street ends along the ocean front to facilitate access and parking adjacent to beach areas. In the future, at least 85 percent of the fees generated by encroachments will be used for the construction of improvements which directly benefit the beach -going public such as parking spaces, rest rooms, vertical or lateral walkways along the beach, and similar projects. There are sufficient funds available in the following account for the work: Account Description Ocean Front Street End Improvements Respectfully P9%IC WORKS DEPARTMENT to en G. Badum, Director By: Stephen J. Luy, P.E. Project Manager Attachment: Project Location Map Bid Summary Account Number Amount 7013- C5100014 $194,825.00 x U Q W m O a W Z L6 O U H Z W a IL W O N Y U J m a 0 N O m O 0 LL O Q W m � x S U m m u 0 � No 0 `v m U Z G a. O C. ¢; v m E c 2 c h0 S C rt m- W a E: , c a c W 6 v� C, 4. m C O N w J F w p J N I O O O T O J N � n y N r W In w a � W F Q W Z U) w U Z_ W 0 0 Z w w a m m d O 0 0 O N e» 3 0 0 E a E d m 0 E c J Q E E¢ 0 0 Q1 ~ U d m U V� II U O II � O O .r ui W 6q 0 0 0 0 0 0 0 0 00 0 0 00 0 0 00 O o 00 0 0 0 0 0 00 00 00 0 0 0 0 0 0 0 Z 0 0 0 0 0 0 66 66 0 0 0 9 0 0 0 0. O O� O O N m N a N 0N Ln n O� O N 00 to to O n n n N n O u1 O in 1. _ N 0 N to N 00 h m tD o n .+ lD .v N N to m m N M M 0 co Q m U N c O 0 0 0 0 0 0 0 0 00 O O 0 0 O O 00 O O 0 0 0 0 0 0 0 0 0 O O O O O O m Lq O O m~ 0 0 0 m O m O t0 0 0 O un 0 o W to N O O O p 02 000" O 00 O to O O O O m u0 D N n M N m N 0 0 0 0 0 0 0 0 O O O O 00 O O 00 O O 0 0 0 0 0 0 0 0 0 0 o p 00 O m M O 0 0.0 I- 0 0 0 o u 0 0 0 0 0 0 0 0 0 0 0 m m o 00 Z o 0 o� m o u a 00 00 00 m 0 do) O O p O O O t0 n N N N in Ln O O Ln LQ � LQ O m O M O d O m tD ti O N N M co N 2 N a co rn o 00000000 00 00 00 o o 0 0 0 0 0 N N O O O O O O 0 0 O �D n N O O c F- 0 0 0 N tD n 0 l0 00 00 00 N LD O o 6 p - 2 000' 0 0 0 0 mm 0 00 0- 00 n m a o N o m z (V In Ifl O m N N 0 0 0 0 0 0 0 0 O O O O 0O O O O O O O o o o 0 0 0 0 0 0.0 0 0 0 0 0 0 00 0 o O X00'0'0 i000 00 00 0o 0 0 00 0 00 z0000mooco 0o 00 00 m o in n O O, Dooin0MO0nID- 0- 0 u-, nn o0 -� m urn o ON Off- MN tO N N M- N .a •+ t0 N to M V I M N N n c Q n 0 0 0 0 0 0 0 0 00 00 00 O O 00 O O 000 ou-, 00 00 00 0 0 o�n o 0 F O O o N O N [t H' 00 O ID 00 N n .+ O O 0 3 H000, 0 0 0, 00 O 00 m O O G O O in 07 N in N O N O M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 �n O O 0 0 0 �n O 0 0 0 0 0 0 O O 00 O 00 I- n 00 O ul O N O 0 00 0 O O OO to OO W Z tD 0 0 0 1 0 -+ 0 00 00 00 0 0 0 ill n 0 0 O p 6? O �D f7 N co N to O O to O O n Ln N n CO O 0 E 00 m In n N N n 1 O N to I N O m O O wa `w To d , 0 0 0 0 0 0 0 0 0 0 0 0 o O 0 0 0 0 0 M In O O O M O N O O O O O O O O O O m O O In 0 0 N a m a N 00 O tD 00 O m 0 0 0 C Z 01 u O O O 00 0 N p Lj W N M M c t0 N J J J J N Q¢ J J aa W J J J J J Q co fN m M W W W } O 0O O O N o Z m Q L m Z) C o a u 0 a 0 c 0 v L m u 0 m w LL m m c O U d CO d m m u T m > to 's A N Z o v? 00 U u tj O U N L N m C W 00 "�. 'C O_ i. L - u a° o c c c U c m U 0 d cr m y c d 3 m y n 3 E m a s> s 3 t U) CO U cLi s a - �a aoyvtmamT Q N o °'� N emu O p >o. mN f N m` o- > co 3 c m m 3 Q N J L m N N N d °-' (0 y > L O C7 a T U U C 3 3 m o 3 -' m v 0 a d y O _O m o m U m o t 3 m x m a C7 U m v n z s .:�a t C U U C C C N O N m 0 C EN 0 0 O p d U U O n 0d U c c c U v S 0 m a m t n 00 m O N m a m to n 00 Ot N F- m m d O 0 0 O N e» 3 0 0 E a E d m 0 E c J Q E E¢ 0 0 Q1 ~ U d m U V� II U O II � O O .r ui W 6q = Z V W W ma �a Op aN W Y Z 4. OV J v 0° CL Z O Q U O J i� O O N N 0 0 O < .. a w °o lii = r U v U_ 0 oN o m m U U � _ U No U w r D N Li r H 1 p J f 1 N w 1 iR Vl W Q � W W Z Y) w w 0 z ° U W a N N 0 o o < .. ¢w oo¢ �a lii = r U N d U_ 0 NO m m U U _ _ N U U O 41 Q � J ui m C V C m C d E 6 E v W d to C O LL m C O N til J F F 8 J N r 1R Vf W ♦ w r Q W ZZ cc 2 w 0 z z ix W a m 0 m m a F Z O Q r z z Z 0 O Q F- Z r z 0 O Q Z 08000000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 z000000o01*8M 0000000 0 000 00 0000Lnol� In noo - In 00 �D000a..oON N O a h. 10 00 W Q N 00000000 0 0 0 0 0 0 0 0 0 0 0 0 m F - 0 0 0 0 1 0 u1 oO ID 0 0 0 00000 In C N O O= Q O O O N O O O O O N O O Z O O O 00 N O n O N In 000 O N O O n l0 N N J J J J N J J aa J J J J J aa W J (W U) (n W W W r Z.n .-� O 0) 0 N m m .-i N l0 ti M O 1f1 D O m m N u O O c C` U u U D U 0 O N in m O y m v i� y cro U m v m v y c m Z u U x o m'� o U O H�v°'° nO cc m n c_ . — a� 8_ d Omc a'-C F-- U c d u m; N C U a v ¢ x L 0 a o t m° C) J m° m ?i rn c a m° a m m U Q U U C 3 L N 3 m C S U C m y W �C °` m a a V m C v m a m m c o c r OD c c U o L 9 v c m '" w ` O U C m m .\r C N U= C 3 D D ^• m 0_ U m Z y` N C N T O _ O U? H U D U U c K C C C D_ U Q d In C lOD d wti N m d 10 10 n CO 01 0— N m a n 10 I� O m 0 m m a pJtOr=^ { m ORANGE COUNTY r N f!rppRT n ORE - oC PROJECT LOCATION OCEAN CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN FRONT STREET ENDS FERN, GRANT, HIGHLAND, NORDINA, AND SONORA STREETS DRAWN y y 5 5 5 DATE C -3383 APPROVED -� PROJECT ENGINEER TION MAP CITY OF NF,WPORT BEACH OFFICE OF THE CITY CLERK P.O. BOY 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 May 21, 2002 Atlas- Allied, Inc. 1210 North Las Brisas Anaheim, CA 92806 Gentlemen: Thank you for your courtesy in submitting a bid for the Ocean Front Street End Improvements Project: Fern, Grant, Highland, Nordina, and Sonora Street (Contract No. 3383) 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, A, v-, /0 4a4" LaVonne M. Harkless, CMClAAE 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 May 21, 2002 International Pavement Solutions, Inc. P.O. Box 10458 San Bernardino, CA 92423 Gentlemen: Thank you for your courtesy in submitting a bid for the Ocean Front Street End Improvements Project: Fern, Grant, Highland, Nordina, and Sonora Street (Contract No. 3383) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, 'tea 0) a) :14h6 4 " LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEW'PORTBEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 May 21, 2002 Damon Construction Company 455 Carson Plaza Drive, Unit F Carson, CA 90746 Gentlemen: Thank you for your courtesy in submitting a bid for the Ocean Front Street End Improvements Project: Fern, Grant, Highland, Nordina, and Sonora Street (Contract No. 3383) 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