HomeMy WebLinkAboutC-3148 - Pacific Coast Highway Widening Cameo Shores Road to City LimitCA OF NEWPORT &ACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 6443005
September 25, 2002
C.J. Construction, Inc.
13690 Imperial Highway, Suite 5
Santa Fe Springs, CA 90670
Subject: Pacific Coast Highway Sidewalk from Cameo Shores Road to City
Limit (C -3148)
To Whom It May Concern:
On September 25, 2001, the City Council of Newport Beach accepted the work of
the subject project and authorized the City Clerk to file a Notice of Completion,
to release the Labor & Materials Bond 35 days after the Notice of Completion had
been recorded in accordance with applicable portions of the Civil Code and to
release the Faithful Performance Bond one year after Council acceptance.
The Labor & Materials Bond was released on October 31, 2001. The Surety for
the contract is Peerless Insurance Company, and the bond number is
PC011130503. Enclosed is the Faithful Performance Bond.
Sincerely,
LaVonne M. Harkless, CMC/ AAE
City Clerk
LMH:Iib
cc: Public Works Department
R. Gunther, P.E., Construction Engineer
enclosure
3300 Newport Boulevard, Newport Beach
a
PAGE 76
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BOND EXECUTED IN
(4) ORIGINAL PACIFIC COAST HIGHWAY SIDEWALK FROM
COUNTERPARTS CAMEO SHORES ROAD TO EAST CITY LIMIT
CONTRACT NO. 3148
BOND NO. PCO11130503
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 667.00 ,
being at the rate of $ 20.00 thousand of the Contract price.
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, awarded to C.J. Construction, Inca , hereinafter designated as the "Principal ", a
contract for construction of PACIFIC COAST HIGHWAY SIDEWALK FROM CAMEO SHORES
ROAD TO EAST CITY LIMIT , Contract No. 3148 in the City of Newport Beach, in strict
conformity with the plans, drawings, specification's; 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. 3148 and the
terms thereof require the furnishing of a Bond for the faithful performance of the Contract;
NOW, THEREFORE, we, the Principal, and PEERLESS INSURANCE COMPANY
duly authorized to transact business under the laws of the State of
California as Surety (hereinafter "Surety"), are held and .firmly bound unto the City of Newport
Beach, in the sum of thirty-three thousand, three hundred thirty -four and 001100 Dollars
($33,334.00) 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, out 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.
• • PAGE 17
As a part of the obligation secured hereby, and in addition to the face amount specified in
this Performance Bond, there shall be included costs and reasonable expenses and fees,
including reasonable attorneys fees, incurred by the City, only in the event the City is required to
bring an action in law or equity against Surety to enforce the obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the work to be performed thereunder or
to the specifications accompanying the same shall in any way affect its obligations on this Bond,
and it does hereby waive notice of any such change, extension of time, alterations or additions of
the Contract or to the work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal in full
force and effect for one (1) year following the date of formal acceptance of the Project by the City.
In the event that the Principal executed this bond as an individual, it is agreed that the
death of any such Principal shall not exonerate the Surety.from its obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named, on the 6TH day of JUNE 2001.
C.J. Construction, Inc. (Principal) `•
PEERLESS INSURANCE COMPANY
Name of Surety
62 MAPLE AVENUE
KEENE, NEW HAMPSHIRE, 03431
Address of Sureety
909 - 279 -6533
Telephone
/President
JA rized Signaturerritlenn
da rna2a,, Ynlf1
Authorized Agent Signature
TAMARA J. PONTI, ATTORNEY -IN -FACT
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
F:Wsen\PBWShared\C0n"C1s\FY 00.01\PCH SkWwaik C- 3149CONTRACT C.3148.60c
0) CALIFORNIA 0,
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
S.S.
COUNTY OF LOS ANGELES
On ()(Ar\ -e, 1 t a�U betf-o(e me, Sandra E. Schott. Notary Public,
personally, appeared _ My) —Sarno
personally known to me;
or proved to the on the basis of satisfactory evidence to be the persons) whose name {s)
is /at- subscribed to the within instrument and acknowledged to me that he /she4h" executed the same
in his /lla44hc+k authorized capacity(ies), and that by his /ti &44teir-signature(s) on the instrument the
persottks), or the entity upon behalf of which the person(A) acted, executed the instrument.
w1TNESS my hand and official seal. SAMDRAE'icttOii
(SEAL) Commttaton N 1195=
Notary Pubk - Caltlomb
UN Angeles county
WCotmn.Fx wSGp812002
Si tune of Notary Public
CAPACITY CLAIMED BY SIGNER:
Though statute does not require the notary to fill in the data below, doing so may prove invaluable to
persons relying on the document.
Individual(s) j�
_Corporate Officer() R jd e nt" and
Titles and
Partner(s) Limited General
Attorney -in -Fact
Trustee(s)
Guardian/Conservator
Other:
Signer is representing:
ATTENTION NOTARY: Although the information requested below is optional, it could prevent
fraudulent attachment of this certificate to unauthorized document.
Title of type of document:`}
Number of pages:
_ Date of document:
Signers) other than named above: rnizl �1\
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE.
0 0)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of I >° X CLS
County of HaAA t A
On _ l e - (p -OI before me, TI A41 _ L" Om Yt,l K
DATE NAM LE OF O"ICER - E.G. 'JANC DOE NOTARY PUBLIC
personally appeared 7Qt1'LURQ J. P TIT
NAMEISI OF SIONERISI
(personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is /are
subscribed to the within instrument and ac-
knowledged to me that he /she /they executed
the same in his /her /their authorized
capacity(ies), and that by his /her /their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
3 .�Y TERRI L. CESNIK WITNESS my hand and official seal.
- Notary Public, State of Taxes
My Commission Expires
�� May 26, 2003 l A.(_
— �L• SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could preverr.
fraudulent reanachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
❑ PARTNER(S)
Tmelsl
❑ LIMITED
❑ GENERAL
❑ ATTORNEWN -FACT
❑ TRUSTEE(S)
❑ GUARDIANICONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSONS) OR DMTY(IES)
SD-a UD 3/ 94
DESCRIPTION OF ATTACHED DOCUMENT"
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
*- LESS INSURANCE COMPANA i
THE NETHERLANDS INSURANCE COMPANY
62 MAPLE AVENUE KEENE, NEW HAMPSHIRE, 03431
POWER OF ATTORNEY BOND # PC01 1 130503
KNOW ALL MEN BY THESE PRESENTS: That Peerless Insurance Company and/or The Netherlands Insurance Company, each being a New Hampshire
Corporation having its principal office in the City of Keene, County of Cheshire. Slate of New Hampshire dodoes hereby make. constitute and appoint:
'I gram rat J. Pood
of Corona in the State of Cm their /its true and lawful attomey(s) -in -fact, with full power
and authority hereby conferred in their /its name, place and stead, to sign, execute, acknowledge and deliver in their /its behalf, and as their /its act and deed. without
power of redelegation, as follows:
Not To Exceed 533334.00
and to bind the Company(ies) making this appointment thereby w fully and to the same extent w if such bond or undertaking was signed by the duly authorized
officers of the company(ies), and all the acts of said attorney(s), pursuant to the authority herein given. are hereby ratified and confirmed.
AUTHORITY FOR MAKING APPOINTMENT OF ATTORNEYS -IN -FACT
Section 7 of Article 3 of Bylaws of Peerless Insurance Company, as amended May 30, 1997, states: "The President of the Company may appoint and remove
Attorneys-in -Fact and assign to them and revoke as appropriate such duties, powers and authority as may be advantageous to the Company including the execution
and attestation of bonds,undertakings, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof and such documents on behalf
of the Company with power to redelegate such authority.'
Section 9 of Article 5 of Bylaws of The Netherlands Insurance Company, as amended May 30, 1997 and June 16, 1997, states: "The President of the Company
may appoint and remove Attomeys -in -Fact, and assign to them and revoke as appropriate such duties, powers and authority as may be advantageous to the
Company including the execution and attestation of bonds, undertakings, recognizances, contracts of indemnity, and all other writings obligatory in the nature
thereof and such documents on behalf of the Company with power to redelegaic such authority "
USE OF FACSIMILE SIGNATURES
Use of facsimile signatures by Peerless Insurance Company Is made pursuant to Resolution of the Board of Directors of Peerless Insurance Company. dated April
28. 1988. Use of facsimile signatures by The Netherlands Insurance Company is made pursuant to Resolution of the Board of Directors of The Netherlands
Insurance Company, dated April 28, 1988.
COMPANY MAKING APPOINTMENT
The company making this appointment is identified by an "X" in the box opposite its time in the space provided below. It is the intent of Peerless Insurance
Company and The Netherlands Insurance Company to use this instrument for the appointment of Attorney(s)-in -Fact for either Company designated. or for both
Companies, if so indicated. in Witness Whereof
— PEERLESS INSURANCE COMPANY THE NETHERLANDS INSURANCE COMPANY
hasrhave caused these presents to be Signed by its President, and its Corporate Seal to be hereto affixed by its
Secretary, this tat day of December 2000
PEERLESS INSURANCE COMPANY THE NETHERLANDS INSURANCE IINNSURANCCEE COOMPPA.NY
By: ii /�C.K /�� = a ~wruae�co By:
President i Ia01 t President 1971 J+ �
o fern. m Must: (/ ,,••+'
Attest:
Secretan Secretary
STATE OF NEW HAMPSHIRE
COUNTY OF CHESIRE
The foregoing instrument was acknowledged before me this is! day of December 2000 , by Michael R. Christiansen President of
Peerless Insurance Company and of The Netherlands Insurance Company and lane F. Taylor, Secretary of Peerless Insurance Companv and The Netherlands
Insurance Company, New Hampshire Corporations, on behalf of the corporation.
( s
Notary Public
I, Jane F. Taylor, Secretary of Peerless Insurance Company and "Fhe Netherlands Insurance Company do hereby cenih' that the
above and foregoing is a true and correct copy of Power of Attorney executed by the Cumpany(ies) designated above which is
still in force and effect. In witness whereof, I have hereunto set my hand and affixed the Seal(s) of the Companyties), at Keene.
New Hampshire, this 61b day of June 2001 ♦ r
�x4,suW4e 1925 I{f
F. Taylor I
� 1501 �
Secretary
*fella ?' OBLIGEE: l'ITy' OF N PW'PURT ,,, I
orxwm rvur, r,rn•mo no.r,rinrn nnun.rvnr.
M, remmwn nPre
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Muds 1&!W1
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CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
October 31, 2001
C. J. Construction, Inc.
13690 Imperial Highway, Suite 5
Santa Fe Springs, CA 90670
Subject: Pacific Coast Highway Sidewalk From Cameo Shores Road to City
Limit (C -3148)
To Whom It May Concern:
On September 25, 2001, the City Council of Newport Beach accepted the work of
the subject project and authorized the City Clerk to file a Notice of Completion,
to release the Labor & Materials Bond 35 days after the Notice of Completion had
been recorded in accordance with applicable portions of the Civil Code and to
release the Faithful Performance Bond one year after Council acceptance.
The Notice of Completion was recorded by the Orange County Recorder on
September 26, 2001, Reference No. 20010679272. The Surety for the contract is
Peerless Insurance Company, and the bond number is PC011130503. Enclosed is
the Labor & Materials Payment Bond.
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
LH:cf
cc: Public Works Department
R. Gunther, Construction Engineer
encl.
3300 Newport Boulevard, Newport Beach
0 0
PAGE 14
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PACIFIC COAST HIGHWAY SIDEWALK FROM CAMEO SHORES ROAD
TO EAST CITY LIMIT
CONTRACT NO. 3148
BOND NO. PCO11130503
BOND EXECUTED IN
(4) ORIGINAL LABOR AND MATERIALS PAYMENT BOND
COUNTERPARTS
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, has awarded to C.J. Construction, Inc. , hereinafter designated as the "Principal," a
contract for construction of PACIFIC COAST HIGHWAY SIDEWALK FROM CAMEO SHORES
ROAD TO EAST CITY LIMIT, Contract No. 3148 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. 3148 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,
PEERLESS INSURANCE COMPANY duly authorized to transact
business under the laws of the State of California, as Surety, (referred to herein as "Surety") are
held firmly bound unto the City of Newport Beach, in the sum of thirty-three thousand, three
hundred thirty-four and 001100 Dollars ($33,334.00) 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.
PAGE 15
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 Contractor 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 6TH day of JUNE _,2001.
C.J. Construction, Inc. (Principal)
PEERLESS INSURANCE COMPANY
Name of Surety
62 MAPLE AVENUE
KEENE, NEW HAMPSHIRE, 03431
Address of Surety
909 - 279 -6533
Telephone
\ 9—�- '\� /President
Au orized Signaturerritle
(lr�1 n2CL;2a J. ���rt�
Authorized Agent Signature
TAMARA J. PONTI, ATTORNEY -IN -FACT
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
40 CALIFORNIA
ALL PURPOSE ACKNOWLEDGMENT
STATF. OF CALIFORNIA
6M
COUNTY OF LOS ANGELES
On __ I fJC before me, Sandra E. Schott. Notary Public,
personally appeared lobY) - SA rn6
✓ersonally known to me;
or proved to me on the basis of satisfactory evidence to be the person(.&) whose names)
is /ace• subscribed to the within instrument and acknowledged to me that he /skeAh" executed the same
in his /herltheir authorized capacity(ies), and that by his /"wfMteii- signatures) on the instrument the
persot ps), or the entity upon behalf of which the person(p) acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL) SANDRA E SCFKM
1195= q
Commissbn M 1195332
Notay Pubk - C dkff
*CCffMEViesS0p3D, r
Signature of Notary Public
CAPACITY CLAIMED BY SIGNER:
Though statute does not require the notary to fill in the data below, doing so may prove invaluable to
persons relying on the document.
Individual(s) j�
_ . Corporate Officer() r(2Sd en-t— and
Titles
Partner(s)
Attorney -in -Fact
Trustee(s)
Guardian/Conservator
Other:
Signer is representing:
and
Limited I General
ATTENTION NOTARY: Although the information requested below is optional, it could prevent
fraudulent attachment of this certificate to unauthorized document.
Title of type of document:
Number of pages:
'mot o b6pL-
Date of document: r,�.��j�
Signer(s) other than named above: :Dyma L-5
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE.
• 0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Te x Ct s
County of _ Nn n a i!.
On b -U -O 1 before me, T,�n t l" &),r) na K ,
DATE I NAME, TITLE OF OFFICES - E.C.'JANE DOE NOTARY PUBLIC-
personally appeared
NAMEisi OR SIGNERISI
C' personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is /are
subscribed to the within instrument and ac-
knowledged to me that he/she /they executed
the same in his /her /their authorized
capacity(ies), and that by his /her /their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
TERR1 i . CESNI TNESS my hand and official seal,
Notary Public, State of Texas Y!1 G
My Commisslon Expires
May 26, 2003
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevet^
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
Tr -EIS)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
C1 A7TORNEY•IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAWCONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
/MME of PERSONS) OR FNmY(IES)
BD- 11319/94
DESCRIPTION OF ATTACHED DOCUMENT" :
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
0
RECORDING RE9 kbUD41D
WHEN RECORDED RETURN TO:
City Clerk 01 OCT 12 A9 :58
MOO' Newport Beach
3300 New
Newport HBpoea ��CITY CLERK
ORT BEACH
0
Recorded in Official Records, County of Orange
Gary Granville, Clerk- Recorder
111111111111111111111111111111111111111111111 NO FEE
2001067927212:49pm 09126101
114 59 N12 1
0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00
Si
"Exempt from recording fees
pursuant to Government Code Section 6103"
NOTICE OF COMPLETION l f
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard,
Newport Beach, California, 92663, as Owner, and C. J. Construction, of Santa Fe
Springs, California, as Contractor, entered into a Contract on June 12, 2001. Said
Contract set forth certain improvements, as follows:
Pacific Coast Highway Sidewalk from Cameo Shores Road to City Limit,
C -3148
Work on said Contract was completed on August 2, 2001, and was found to be
acceptable on September 25, 2001, by the City Council. Title to said property is vested in
the Owner, and the Surety for said Contract is Peerless Insurance Company.
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
Executed on m_ t� / „� �?6” dg(-/ at Newport Beach, California.
BY
City Clerk �•r�
0
RECORDING t3tD AND
WHEN RECORDED RETURN TO:
'01 OCT -3 A 7 59
City Clerk
City of Newport Beach
3300 NewpQ l cRK
Newport Be�0Vy J"1 BEACH
0
Recorded in Official Records, County of Orange
Gary Granville, Clerk- Recorder
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE
2001067927212-49pm 09/26101
114 59 N12 1
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
"Exempt from recording fees
pursuant to Government Code Section 6103"
CONFORMED COPY
NOTICE OF COMPLETION Not Compared with Original
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard,
Newport Beach, California, 92663, as Owner, and C. J. Construction, of Santa Fe
Springs, California, as Contractor, entered into a Contract on June 12, 2001. Said
Contract set forth certain improvements, as follows:
Pacific Coast Highway Sidewalk from Cameo Shores Road to City Limit,
C -3148
Work on said Contract was completed on August 2, 2001, and was found to be
acceptable on September 25, 2001, by the City Council. Title to said property is vested in
the Owner, and the Surety for said Contract is Peerless Insurance Company.
BY /�
Public 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.
Executed one ,,t�. .� 1C • �� < at Newport Beach, California.
BY
City Clerk 100"T..%,
•
4CIL �I
i
APPROVED
• i1rS
Nb)
September 11, 2001
CITY COUNCIL AGENDA
ITEM NO. 9
TO: Mayor and Members of the City Council CGGIJCIL AGENDA
FROM: Public Works Department It, 0. q q /q-
�5 /fl I
SUBJECT: PACIFIC COAST HIGHWAY SIDEWALK FROM CAMEO SHORES
ROAD TO CITY LIMIT, CONTRACT NO 3148 — 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 June 12, 2001, the City Council authorized the award of the Pacific Coast Highway
Sidewalk from Cameo Shores Road to City Limits, to C.J. Construction of Santa Fe
Springs, California. The contract provided the construction of sidewalk, curb, and gutter
on the south side of East Coast Highway between the entrance to Cameo Shores and
the easterly City boundary.
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: $33,334.00
Actual amount of bid items constructed: 33,229.00
Total amount of change orders: 0.00
Final contract cost: $33,229.00
The final overall construction cost was 0.3 percent under the original bid amount.
No change orders were written for the project.
0 0
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
MOO' Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
"Exempt from recordin fees
pursuant to Government CodeV ectlon 6103"
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard,
Newport Beach, California, 92663, as Owner, and C. J. Construction, of Santa Fe
Springs, California, as Contractor, entered into a Contract on June 12, 2001. Said
Contract set forth certain improvements, as follows:
Pacific Coast Highway Sidewalk from Cameo Shores Road to City Limit,
C -3148
Work on said Contract was completed on August 2, 2001, and was found to be
acceptable on September 25, 2001, by the City Council. Title to said property is vested in
the Owner, and the Surety for said Contract is Peerless Insurance Company.
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
Executed on%I 222, aoc/ at Newport Beach, California.
BY L`r�
City Clerk
09/24/2001 12:16 FAX 5622290011
cJ CONSTRUCTION
CONDITIONAL WAIVER AND RELEASE
UPON PROGRESS PAYMENT
California Civil Code Section 3262(d)(2)
The undersigned has been paid and has received a progress payment in the sum of
$4,42236 for labor, services, material and equipment supplied to City of Newport
Beach, by C. J. Construction, Inc.,
On the job for the, Newport Beach Street Work At locations:
- _cameo Rwri:9�ad_- Pacif+e Croast diw�
And does hereby release any mechanic's lien, stop notice or bond tight that the
undersigned has on the above - referenced job to the following extent. This release covers
a progress payment for labor, services, material and equipment supplied to C J
Construction, Inc. through August 23, 2001 only and does not cover any retentions
retained before or after the release date_ This release of any mechanic's lien, stop notice,
or bond right shall not otherwise affect the contract rights, including rights between
parties to the contract based upon a rescission, abandonment, or breach of the contract, or
the right of the undersigned to recover compensation for furnished labor, services,
material and equipment not compensated by this progress payment.
Dated: ci - 4 — :)-a -c i
(C mpany)
�/,L C"¢
't
(Signature)
(Title)
Z002
0 4 c- 3 Ay
STOP NOTICE RECEIVED
CALIFORNIA CIVIL CODE SECTION 3103
*01 AUG 16 All :21
Certified #7000 1670 0011 5221 6928
NOTICE TO: City of Newport Beach OFFICE OF THE CITY CLERK
3300 Newport Blvd. CITY OF NEWPORT BEACH
Newport Beach, CA 92663
(If Private Job - file with responsible officer or person at office or branch of construction lender administering the
construction funds or with the owner - CALIFORNIA CIVIL CODE SECTIONS 3156 - 3175)
(If Public Job - file with office of controller, auditor, or other public disbursing officer whose duty it is to make
payments under provisions of the contract - CALIFORNIA CIVIL CODE SECTIONS 3179 -3214)
Prime Contractor: C J Construction
Sub Contractor (If Any):
Owner or Public Body: City of Newport Beach
Improvement known as: Cameo Shores Road & Pacific Coast Hwy"
"Newport Beach Street Work"
in the City of Newport Beach County of Orange, State of California.
Cemex/Southdown, Claimant, a Corporation furnished certain labor, service, equipment, or
materials used in the above described work of improvement. The name of the person or company
by whom claimant was employed or to whom claimant furnished labor, service, equipment, or
material is C J Construction.
The kind of labor, service, equipment, or material furnished or agreed to be furnished by
claimant was Aggregates and Ready Mixed Concrete.
Total value of labor, service, equipment, or materials agreed to be furnished ..
Total value of labor, service, equipment, or materials actually furnished is ........
Credit for materials returned, if any ..............
.. $4,422.36
$4,422.36
$ 0.00
Amount paid on account, if any ............................................. ............................... $ 0.00
Amount due after deducting all just credits and offsets .......... ............................... $4,422.36
YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above
described project to satisfy claimant's demand in the amount $4,422.36 and in addition thereto
sums sufficient to cover interest, court costs and reasonable costs of litigation as provided by the
law.
A bond (CIVIL CODE SECTION 3083) is not attached (Bond
required with Stop Notice served on constructions lender on private jobs - bond not required on
public jobs or on Stop Notice served on owner on private jobs).
Date: Friday, August 10, 2001
Name Of Claimant: CEMEX
PO Box 4120
Ontario, CA 91761-1-Q67
By ) Lt 4CY e ti�
Karen L. Wearp, Credit Repiiesentative
VERIFICATION
I, the undersigned, state: I am the Credit Representative, the claimant named in the
foregoing Stop Notice; I have read said claim of Stop Notice and know the contents thereof, and
I certify that the same is true of my own knowledge.
I certify (or declare) under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed on Friday, August 10, 2001, at ONTARIO, State of California.
485 Karen L. Wearp, Credit
CITY OF NEWPORT BEACH CITY CLERK
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 30 " day of May 2001
at which time such bids shall be opened and read for
PACIFIC COAST HIGHWAY SIDEWALK
FROM CAMEO SHORES ROAD TO CITY LIMIT
Title of Project
Contract No. 3148
$40,000
Engineer's Estimate
roved b
Don Webb
Public Works Director
Prospective bidders may obtain one set of bid documents at no cost
at the office of the Public Works Department, 3300 Newport
Boulevard, P. O. Box 1768, Newport Beach, CA 92658 -8915.
Required Contractor License Cfassification(s) required for this project. "A"
For further information, call Lloyd Dalton, Project Manager at (949) 644- 3328.
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PACIFIC COAST HIGHWAY SIDEWALK FROM
CAMEO SHORES ROAD TO EAST CITY LIMIT
CONTRACT NO. 3148
TABLE OF CONTENTS
NOTICE INVITING BIDS .......................................................... ............................... Cover
INSTRUCTIONS TO BIDDERS ........................................................ ..............................1
BIDDER'S BOND ............................................................................... ..............................3
DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................4
TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................5
NON - COLLUSION AFFIDAVIT .......................................................... ..............................6
NOTICE TO SUCCESSFUL BIDDER ............................................... ..............................7
CONTRACT...................................................................................... ..............................8
LABOR AND MATERIALS BOND .................................................... .............................14
FAITHFUL PERFORMANCE BOND ................................................ .............................16
PROPOSAL................................................................................ ............................... PR -1
SPECIAL PROVISIONS ................................................................. ...........................SP -1
• • PAGE 1
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PACIFIC COAST HIGHWAY SIDEWALK FROM
CAMEO SHORES ROAD TO EAST CITY LIMIT
CONTRACT NO. 3148
INSTRUCTIONS TO BIDDERS
The following documents shall be completed, executed and received by the City Clerk in
accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
BIDDER'S BOND
DESIGNATION OF SUBCONTRACTORS
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON - COLLUSION AFFIDAVIT
PROPOSAL
2. Cash, certified check or cashier's check (sum not less than 10 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.
5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to
allow the comparison of total bid prices.
6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied
by unit price submitted by the bidder. In the event of discrepancy between wording and
figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of
estimated quantity by unit price, the correct multiplication will be computed and the bids will be
compared with correctly multiplied totals. The City shall not be held responsible for bidder
errors and omissions in the PROPOSAL.
7. The City of Newport Beach reserves the right to reject any or all bids and to waive
any minor irregularity or informality in such bids. Pursuant to Public Contract Code
Section 22300, at the request and expense of the Contractor, securities shall be
permitted in substitution of money withheld by the City to ensure performance under
the contract. The securities shall be deposited in a state or federal chartered bank
in California, as the escrow agent.
• . PAGE 2
8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial
Relations has ascertained the general prevailing rate of per diem wages in the locality in which
the work is to be performed for each craft, classification, or type of workman or mechanic
needed to execute the contract. A copy of said determination is available in the office of the
City Clerk. All parties to the contract shall be governed by all provisions of the California
Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive).
9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5
of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public
Contracts Code, "Subletting and Subcontracting Fair Practices Act ".
10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the
bidder. For corporations, the signatures shall be of a corporate officer or an individual
authorized by the corporation. For partnerships, the signatures shall be of a general partner.
For sole ownership, the signature shall be of the owner.
The signature below represents that the above has been reviewed.
25�-O�W
Contractor's License No. & Classification
Bidder
t rized Sig turemtle
Date
05/30/2001 06:54 FAX 5622290011
cJ CONSTRUCTION
• •
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
CONTRACT NO. 3148
BOND NO. PB9109000025 BIDDER'S BOND
0 002
PAGE 3
We, the undersigned Principal and Surety, our successors and assigns, executors, heirs
and administrators, agree to be jointly and severally held and firmly bound to the City of
Newport Beach, a charter city, in the principal sum of TEN PERCENT OF AMOUNT BID-- -
Dollars ($ 10% J. to be paid and forfeited to the City
of Newport Beach if the bid proposal of the undersigned Principal for the construction of
PACIFIC COAST HIGHWAY SIDEWALK FROM CAMEO SHORES ROAD TO EAST CITY
LIMIT, Contract No. 3148 in the City, of Newport Beach, is accepted by the City Council of the
City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal
fails to duly enter into and execute the Contract Documents for the oonstruction of the project in
the form required within ten days (10) (not including Saturday, Sunday, and federal holiday$)
after the date of the mailing of Notice of Award; otherwise this obligation shall become null and
void.
If the undersigned Principal executing this Bond is executing this Bond as an individual,
it is agreed that the death of any such Principal shall not exonerate the Surety from Its
obligations under this Bond.
Witness our hands this 30Tx day of
C.J. CONSTRUCTION, INC.
Name of Contractor (Principal)
PEERLESS INSURANCE COMPANY
Name of Surety
62 MAPLE AVE., KEENE, NH- 03431
Address of Surety
909 - 279 -6533
Telephone
tJainaga J. t'arZ
Authorized Agent Signature
TAMARA J. PONTI, ATTORNEY -IN -FACT
Print Name and Title
(Notary acknowledgment of Principal & Surety must be attached)
•
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of T YaS
County of Hart t)
On 5-30 -(j before me, L, hdtd K
DATE NAME. TIT4E O{,QFFICER - E.G. 'JANE DOE NOTARY PUBLIC'
personally appeared
mop
NAMEIsI OF SIGNERMI
personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is /are
subscribed to the within instrument and ac-
knowledged to me that he /she /they executed
the same in his /her /their authorized
capacity(ies), and that by his /her /their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
'"•°! SS my hand and official seal,
TERRI L. CESNI
Notary Commission statexprexes
My Commission Expires
May 26, 2003 SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prever
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
rmels)
❑ PARTNER(S) ❑ LIMITED
❑
GENE
C1
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER Is REPRESENTING:
NAME OF PERSONS) OR ENrrryms)
80-1133 3/94
DESCRIPTION OF ATTACHED DOCUMENT"
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
OERLESS INSURANCE COMPANO
THE NETHERLANDS INSURANCE COMPANY
62 MAPLE AVENUE KEENE, NEW HAMPSHIRE, 03431
POWER OF ATTORNEY BOND Al PB9109000025
KNOW ALL MEN BY THESE PRESENTS: That Peerless Insurance Company and/or The Netherlands Insurance Company, each being a New Hampshire
Corporation having its principal office in the City of Keene, County of Cheshire, State of New Hampshire do /does hereby make, constitute and appoint:
Tamara J. Ponti
Of Corona in the State of Ca thew /its true and lawful attomey(s) -in -fact, with full power
and authority hereby conferred in their /its name, place and stead, to sign, execute, acknowledge and deliver in their /its behalf, and as their /its act and deed, without
power of redelegation, as follows:
Not To Exceed $4,000.00
and to bind the Company(ies) making this appointment thereby as fully and to the seine extent as if such bond or undertaking was signed by the duly authorized
officers of the company(ies), and all the acts of said anomey(s), pursuant to the authority herein given, are hereby ratified and confimred.
AUTHORITY FOR MAKING APPOINTMENT OF ATTORNEYS -IN -FACT
Section 7 of Article 3 of Bylaws of Peerless Insurance Company, as amended May 30, 1997, states: "The President of the Company may appoint and remove
Attomeys -in -Fact and assign to them and revoke as appropriate such duties, powers and authority as may be advantageous to the Company including the execution
and attestation of bonds,undertakings, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof and such documents on behalf
of the Company with power to redelegate such authority."
Section 9 of Article 5 of Bylaws of The Netherlands Insurance Company, as amended May 30, 1997 and Jane 16, 1997, states: "The President of the Company
may appoint and remove Attomeys -in -Fact, and assign to them and revoke as appropriate such duties, powers and authority as may be advantageous to the
Company including the execution and attestation of bonds, undertakings, necognizances, contracts of indemnity, and all other writings obligatory in the nature
thereof and such documents on behalf of the Company with power to redelegate such authority."
USE OF FACSIMILE SIGNATURES
Use of facsimile signatures by Peerless Insurance Company is made pursuant to Resolution of the Board of Directors of Peerless Insurance Company, dated April
28, 1988. Use of facsimile signatures by The Netherlands Insurance Company is made pursuant to Resolution of the Board of Directors of The Netherlands
Insurance Company, dated April 28, 1988.
COMPANY MAKING APPOINTMENT
The company making this appointment is identified by an "X" in the box opposite its name in the space provided below. It is the intent of Peerless Insurance
Company and The Netherlands Insurance Company to use this instrument for the appointment of Attromey(s )-in -Fact for either Company designated. or for both
Companies, if so indicated. In Wimeas Whereof
X _ PEERLESS INSURANCE COMPANY THE NETHERLANDS INSURANCE COMPANY
has/have caused these presents to be Signed by its Resident, and its Corporate Seal to be hereto affixed by its
Secretary, this tat day of December 2000
PEERLESS INSURANCE COMPANY THE NETHERLANDS INSURANCE COMPANY
By: /L- GL /�� %2� �,rwtUN�� By:
President � 1pt President si� 10 S I��
Attest tM' �' Attest: _ ,,,•"`"'+"�
Secretary Secretary
STATE OF NEW HAMPSHIRE
COUNTY OF CHESIRE
The foregoing instrument was acknowledged before me this lst day of December 21100 , by Michael R. Uhristiarsen.PrasiOeat of
Peerless Insurance Company and of The Netherlands Insurance Company and Jane F. Taylor, Secretary of Peerless Insurance Company and 1Ae N41it:rlands
Insurance Company, New Hampshire Corporations, on behalf of the corporations.
Notary Public
I, Jane F. Taylor, Secretary of Peerless Insurance Company and The Netherlands Insurance Company do hereby certify that the
above and foregoing is a true and correct copy of Power of Attorney executed by the Company(its) designated above which is
still in force and effect. In witness whereof, l have hereunto set my hand and affixed the Seal(s) of the Company(ies), at Keene,
New Hampshire, this 30th day of May 2001
�"" ` ga tee
J. It01 J F. Taylor A
Secretary
~ OBLIGEE: CITY OF NEWPORT BEACH
nnvn cvoc. nun nnn,n occ, n me
MY w.m uz.. uPm
(30�_.71.
Alan, is, Z i
•
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
• PAGE 4
PACIFIC COAST HIGHWAY SIDEWALK FROM
CAMEO SHORES ROAD TO EAST CITY LIMIT
CONTRACT NO. 3148
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.
Subcontract Work Subcontractor Address
�2U7 CP
2.
3.
4.
5.
6.
7.
8.
9.
0 0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PACIFIC COAST HIGHWAY SIDEWALK FROM
CAMEO SHORES ROAD TO EAST CITY LIMIT
CONTRACT NO. 3148
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
PAGE 5
The undersigned submits herewith a statement of the work of similar character to that
proposed herein which he /she has performed and successfully completed.
Year Project
Completed Name /Agency
Person Telephone
To Contact Number
Bidder Authoriz - re i t I e
724-98 Residential/Arterial
City of Cerritos
18125 Bloomfield
Cerritos, CA 90703
(562) 407 -2652 Mary Ann Wozniak
Completed 02 -22 -99
Final contract price $330,732.50 With change orders, original contract price $247,733.50
Warner Ave. Median Island Improvement
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
(714) 536 -5517 Jack Miller
Completed 7 -20 -98
Final contract price $341,950.00, orignal contract price $347,707.90
Landscaping, Irrigation, 5t4rnped Concrete, Curb
CC8044 Curb ramps
LA County Public Works Dept.
900 S. Fremont Ave.
Alhambra, CA 91803
(626) 458 -3122 Ray Green
Completed 02 -04 -99
Final contract price $118,564.60, original contract price $125.735.40
Ramps
Rosemead Blvd
City of Pico Rivera
6615 Passons Blvd
Pico Rivera, Ca 90660
Completed 12 -6 -99
Final contact price $ 144, 055.30 with change orders, original contact price $114,750.00
City of Santa Fe Springs
11710 Telegraph Rd
Santa Fe Springs. CA 90670
Various projects
(562) 866-0511 Casey Morales
Insurance Agents
LPL Insurance
4811 Eureka Ave. Suite F
Yorba Linda, Ca 92886
(888) 987 -9879
Southern American Insurance Agency
1101 California Ave Suite 100
Corona, Ca 92881
(909) 279 -6533
Surety
• . PAGE 6
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PACIFIC COAST HIGHWAY SIDEWALK FROM
CAMEO SHORES ROAD TO EAST CITY LIMIT
CONTRACT NO. 3148
NON - COLLUSION AFFIDAVIT
State of California )
) ss.
County of � _E )
O SGT no being first dril�r swqrn, deposesand says that he orahe is
f"-e-3 L of G? Ali i �7i / hc- , the party making the
foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the bid is genuine and not
collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of,
or on behalf of, any undisclosed person, partnership, company, association, organization, or
corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or
indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or
indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham
bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of
the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of
that of any other bidder, or to secure any advantage against the public body awarding the contract
of anyone interested in the proposed contract; that all statements contained in the bid are true;
and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any
breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or
paid, and will not pay, any fee to.any corporation, partnership, company association, organization,
bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
I declare under penalty of perjury of the laws of the State of California that the foregoing is true
and correct.
Ivy
Bidder Auth ignature itle
Subscri d and swom to before me this day of I 2001.
[SEAL]
Notary Public
My Commission Expires:
Ynia
;nty
Xe Zx i
• • PAGE 7
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PACIFIC COAST HIGHWAY SIDEWALK FROM
CAMEO SHORES ROAD TO EAST CITY LIMIT
CONTRACT NO. 3148
NOTICE TO SUCCESSFUL BIDDER
The following Contract Documents shall be executed and delivered to the Engineer within
ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of receipt
Notice of Award to the successful bidder:
• CONTRACT
• LABOR AND MATERIALS PAYMENT BOND
• FAITHFUL PERFORMANCE BOND
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. 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 Engineer within ten (10) days (not
including Saturday, Sunday and Federal holidays) after the date of receipt Notice 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 Ratinq 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.
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PACIFIC COAST HIGHWAY SIDEWALK FROM
CAMEO SHORES ROAD TO EAST CITY LIMIT
CONTRACT NO. 3148
NOTICE TO SUCCESSFUL BIDDER
:7_MMA
The following Contract Documents shall be executed and delivered to the Engineer within
ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of receipt
Notice of Award to the successful bidder:
• CONTRACT
• LABOR AND MATERIALS PAYMENT BOND
• FAITHFUL PERFORMANCE BOND
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. 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 Engineer within ten (10) days (not
including Saturday, Sunday and Federal holidays) after the date of receipt Notice 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.
f�
U
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
• PAGE 8
PACIFIC COAST HIGHWAY SIDEWALK FROM
CAMEO SHORES ROAD TO EAST CITY LIMITS
CONTRACT NO. 3148
CONTRACT
THIS AGREEMENT, entered into this 30th day of May, 2001, by and between the CITY OF
NEWPORT BEACH, hereinafter "City," and C.J. Construction, Inc., hereinafter "Contractor,"
is made with reference to the following facts:
WHEREAS, City has advertised for bids for the following described public work:
PACIFIC COAST HIGHWAY SIDEWALK
FROM CAMEO SHORES ROAD TO EAST CITY LIMIT
Project Description
3148
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. 3148, 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.
• • PAGE 9
C. COMPENSATION As full compensation for the performance and completion of the
Project as required by the Contract Documents, City shall pay to Contractor and
Contractor accepts as full payment the sum of thirty -three thousand, three hundred
thirty-four and 00/100 Dollars ($33,334.00).
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: Lloyd Dalton
(949) 644 -3328
C.J. Construction, Inc.
13690 Imperial Highway
Suite 5
Santa Fe Springs, CA 90670
(562) 229 -0011
F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract,
hereby certifies:
"I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or undertake self -
insurance in accordance with the provisions of the Code, and I will comply with such
provisions before commencing the performance of the work of this Contract."
G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less
than A:VII and insurers must be a California Admitted Insurance Company.
Contractor shall furnish City with certificates of insurance and with original
endorsements effecting coverage required by this Contract. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by that
•
• PAGE 10
insurer to bind coverage on its behalf. All certificates and endorsements are to be
received and approved by City before work commences. City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by Contractor, his agents,
representatives, employees or subcontractors. The cost of such insurance shall be
included in Contractor's bid.
1. Minimum Scope of Insurance
Coverage shall be at least as broad as:
a) Insurance Services Office Commercial General Liability coverage "occurrence"
form number CG 0001 (Edition 11/85) or Insurance Services Office form number
GL 0002 (Edition 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 0001 0187
covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288
Changes in Business Auto and Truckers Coverage forms - Insured Contract.
c) Workers' Compensation insurance as required by the Labor Code of the State of
California and Employers Liability insurance.
2. Minimum Limits of Insurance
Coverage limits shall be no less than:
a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily
injury, personal injury and property damage. If Commercial Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate
limit shall apply separately to this project/location or the general aggregate limit
shall be twice the required occurrence limit.
b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily
injury and property damage.
c) Workers' Compensation and Employers Liability: Workers' compensation limits
as required by the Labor Code of the State of California and Employers Liability.
3. Deductibles and Self- Insured Retentions
Any deductibles or self- insured retentions must be declared to and approved by City.
At the option of City, either: the insurer shall reduce or eliminate such deductibles or
self- insured retentions as respects City, its officers, officials, employees and
volunteers; or Contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
0
4. Other Insurance Provisions
• PAGE 11
The policies are to contain, or be endorsed to contain, the following provisions:
a) General Liability and Automobile Liability Coverages
City, its officers, officials, employees and volunteers are to be covered as
additional insureds as respects: liability arising out of activities performed by
or on behalf of Contractor, including the insured's general supervision of
Contractor; products and completed operations of Contractor; premises
owned, occupied or used by Contractor; or automobiles owned, leased, hired
or borrowed by Contractor. The coverage shall contain no special limitations
on the scope of protection afforded to City, its officers, officials, employees or
volunteers.
Contractor's insurance coverage shall be primary insurance and /or primary
source of recovery as respects City, its officers, officials, employees and
volunteers. Any insurance or self - insurance maintained by City, its officers,
officials, employees and volunteers shall be excess of the Contractor's
insurance and shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to City, its officers, officials, employees and volunteers.
iv. Contractor's insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
v. The insurance afforded by the policy for contractual liability shall include
liability assumed by contractor under the indemnification /hold harmless
provision contained in this Contract.
b) Workers' Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogation against City, its officers,
officials, employees and volunteers for losses arising from work performed by
Contractor for City.
c) All Coverages
Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled, rescinded by either
party, reduced in coverage or in limits except after thirty (30) days' prior
written notice by certified mail, return receipt requested, has been given to
City.
5. Acts of God
Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for
the repairing and restoring damage to Work, when damage is determined to have
been proximately caused by an Act of God, in excess of 5 percent of the Contract
amount provided that the Work damaged is built in accordance with the plans and
specifications.
• • PAGE 12
6. Right to Stop Work for Non - Compliance
City shall have the right to offer the Contractor to stop Work under this Agreement
and /or withhold any payment(s) which become due to Contractor hereunder until
Contractor demonstrates compliance with the requirements of this article.
H. RESPONSIBILITY FOR DAMAGES OR INJURY
City and all officers, employees and representatives thereof shall not be responsible in
any manner: for any loss or damages that may happen to the Work or any part
thereof; for any loss or damage to any of the materials or other things used or
employed in performing the Work, for injury to or death of any person either workers or
the public; or for damage to property from any cause arising from the construction of
the work by Contractor, or its subcontractors, or its workers, or anyone employed by it.
2. Contractor shall be responsible for any liability imposed by law and for injuries to or
death of any person or damage to property resulting from defects, obstructions or from
any cause arising from Contractor's work on the Project, or the work of any
subcontractor or supplier selected by the Contractor.
3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees
from and against (1) any and all loss, damages, liability, claims, allegations of liability,
suits, costs and expenses for damages of any nature whatsoever, including, but not
limited to, bodily injury, death, personal injury, property damages, or any other claims
arising from any and all acts or omissions of Contractor, its employees, agents or
subcontractors in the performance of services or work conducted or performed
pursuant to this Contract; (2) use of improper materials in construction of the Work; or,
(3) any and all claims asserted by Contractor's subcontractors or suppliers on the
project, and shall include reasonable attorneys' fees and all other costs incurred in
defending any such claim. Contractor shall not be required to indemnify City from the
sole or active negligence or willful misconduct of City, its officers or employees.
4. To the extent authorized by law, as much of the money due Contractor under and by
virtue of the Contract as shall be considered necessary by City may be retained by it
until disposition has been made of such suits or claims for damages as aforesaid.
5. Nothing in this article, nor any other portion of the Contract Documents shall be
construed as authorizing any award of attorneys' fees in any action to enforce the
terms of this Contract, except to the extent provided for in H.3, above.
6. The rights and obligations set forth in this Article shall survive the termination of this
Contract.
EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other
Contract Documents by Contractor is a representation that Contractor has visited the
Project Site, has become familiar with the local conditions under which the work is to be
performed, and has correlated all relevant observations with the requirements of the
Contract Documents.
PAGE 13
J. CONFLICT If there is a conflict between provisions of this Contract and any other
Contract Document, the provisions of this Contract shall prevail.
K. WAIVER A waiver by City or any term, covenant, or condition in the Contract
Documents shall not be deemed to be a waiver of any subsequent breach of the same or
any other term, covenant or condition.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day
and year first written above.
1.,._.
(till
CITY OF NEWPORT BEACH
A Municipal Corporation
Garold B. Adams, Mayor
C.J. Construction, Inc.
By: � 9-� \X�' -
Aut ri ed Signature and Title president
:4�ORD I+E ° "'� ""°" ~ LiABLY INSURACERTI"ICAT
PRODUCE/ -
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Andreini & Co License 0208825
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
2737 Campus Drive
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Irvine, CA 92612
COMPANIES AFFORDING COVERAGE
949- 474 -0210 FAX 949- 474 -0510
COMPANY
A NAVIGATORS INSURANCE.CO
INSURED
_ . -.
COMPANY
C.J. CONSTRUCTION, INC.
B HUDSON INSURANCE CO
COMPANY
13600 IMPERIAL HWY, STE 5
C
SANTA FE SPRINGS CA 90670
COMPANY
D
s
J
THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THCANSURED 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 POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN
MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (M WDWVY)
POLICY EXPIRATION
DATE (MM WAY)
LAMS
A
GENERAL
LIABILITY
GLTOGM
04/03/01
04 / 0 3/ 0 2
GENERAL AGGREGATE_
S
PRODUCTS - COMP/OP AGO
$
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE ® OCCUR
PERSONALS ADV INJURY
S
EACH OCCURRENCE
$
OWNERS S CONTRACTORS PROT
FIFE DAMAGE (My "fire)
$
S1, 000 DED
MED EXP (Any we Person)
S
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
$
ANY AUTO
BODILY INJURY
$
ALL OWNED AUTOS
SCHEDULED AUTOS
I
(Per peroon)
BODILY INJURY
$
HIRED AUTOS
NON -OWNED AUTOS
(Per eccidenQ
PROPERTY DAMAGE
S
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
S
OTHER THAN AUTO ONLY:
ANY AUTO
EACH ACCIDENT
$
AGGREGATE
$
EXCESSUABGRY
HFF00589
04/03/01
04/03/02
EACH OCCURRENCE
$
AGGREGATE
S
B
UMBRELLA FORM
S
OTHER THAN UMBRELLA FORM
WC SLIM OTH-
EN
WORKERS COMPENSATION AND
T IM ER
EL EACH ACCIDENT
S - - - --
EMPLOYERS? LIABILITY
_ _
EL DISEASE - POLICY LIMB --
Q - --
THE PROPRIETOR/ INCL
EL DISEASE - EA EMPLOYEE
$
PARINERSA ECUTNE
OFFICERS ARE EXCL
OTHER
DEBCRIPTON OF OPE kTION&LOCATION&SEIICLEWSPECIA. ITEMS
CERTIFICATE HOLDER, ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS
ARE NAMED AS ADDITIONAL INSURED
PER BLANKET ADDITIONAL INSURED EMT.
ATTACHED. RE: JOB: PCH SIDEWALK
FROM CAMEO SHORES RD. TO CITY LIMITS.
*EXCEPT 10 DAYS NOTICE FOR NON - PAYMENT OF PREMIUM.
C.#i�CfFICt41`� NU,OER
CANC6i,LAiIOM
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANAL BEFORE ME
CITY OF NEWPORT BEACH
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
PUBLIC WORKS DEPARTMENT
'30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
3300 NEWPORT BLVD
BUT FAILURE TO MAIL SUCH NOTICE SHALL (POSE NO DEFAMATION OR LIABILITY
NEWPORT BEACH CA 92663
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUiIIBS®REPPI . 7�ATNE /�
W.h
�
POLICY NUMBER: GL 106080
INSURED: C.J. CONSTRUCTION, INC.
0
COMMERCIAL GENERAL LIABILITY
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:
Blanket — as required by contract
JOB: as shown on certificate
(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.
PRIMARY WORDING — AS REQUIRED BY CONTRACT
This insurance is primary for 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.
Other insurance afforded to that insured will apply as excess and not contribute as
primary to the insurance afforded by this endorsement.
CG 20 10 1185 Copyright, Insurance Services Office, Inc., 1984
JUL -19 -2001 10:01R FROM:
r1
70:9518219496443318
P:3,4
ACORD,. CERTIFICATE OF LIABILITY INSURANCE
6/6/01 DATE M VY)
PRODUCER
SOUTHERN AMERICAN INSURANCE AGENCY, INC.
1101 CALIFORNIA AVENUE, /1100
CORONA, CA 92881
6 ., y. , _. � •
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
. INSURERS AFFORDING COVERAGE
INSURED
C.J. CONSTRUCTION, INC.
13600 IMPERIAL HWY., #5
SANTA FE SPRINGS, CA 90670
INSURER QBE INSURANCE CORPORATION
_
INSURER B:
_
INSURERC'
INSURER D:
_
INSURER E.
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR rypE OF INSURANCE POLICY NUMBER POUCYEFFECTIVE POLICY EXPIRATION UNITS
LTR D/YY
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE El OCCUR
EACH OCCURRENCE
S
FIRE DAMAGE (Any one fire)
MED EEP(Any One Person)
S
S
PERSONAL 8 ADV INIURY
$
GENERALAGGREGATE
S
GENL AGGREGATE LIMIT APPLIES PER
POLICY PRO- LOC
PRODUCTS - COMPKIP AGG
5
A
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIREDAUTOS
NON -OWNED AUTOS
0710004704
4/10/01
4/10102
COMBINED SINGLE UMIT
(EAaccolenT)
S 1 000 000
_
BODILY INJURY
(Per Person)
S
X
X
BODILY INJURY
(Per ¢oCi�enl)
S
X
PROPERTY DAMAGE
(Per avitleN)
$
GARAGE LIABILITY
ANY AUTO
AUTO ONLY -FA ACCIDENT
S
OTHER THAN EA ACC
AUTO ONLY: AGO
S
S
EXCESS LIABILITY
OCCUR CLAIMS MADE
DEDUCTIBLE
RETENTION S
EACH OCCURRENCE
S
AOOREGATE
S _
S
S
S
WORKERS COMPENSATION AND
EMPLOYERS LIABILITY
I WC STATU OTH.
TORY LIMITS Efl
EA. EACH ACCIDENT
S
E.L. DISEASE • EA EMPLOYEE
S
E.L. DISEASE - POLICY UMIT
S
OTHER
DESCRIPTION OF OPERATIONSJLOCATIONE EMICLE:JE1fCLUSIONS ADDED BY ENOORSEMENTAIPECIAL PROVISIONS
RE: PCH SIDEWALK FROM CAMEO SHORES TD. TO EAST CITY LIMIT; 03148; CITY OF NEWPORT BEACH,
ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSUREDS; COVERAGE
IS CONSIDERED PRIMARY;
*10 DAYS NOTICE OF CANCELLATION APPLIES FOR NONPAYMENT OF PREMIUM.
CITY OF NEWPORT BEACH SHOULD ANY OF ME ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
P.O. BOX 1768 DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAI00* DAYS WRITTEN
NEWPORT BEACH, CA 92658 -8915 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
AUTHORIZED REPRESENTATIVE 0 ACORD CORPORATION 1980
JUG -19 -2001 10:02A FROM: TO :9518219496443310
T= ENDORSEMTN r CHANGES M lOXJCY. PRASE RV" ri' C:AREBMLY
ADDITIONAL INSURED - BUSINESS AUTO
rW. C Numam-
ENDORJG4w
COW ANY.'
IQBE
0710004704
EPFECIIV$ 7/19/01
INSURANCE CORP.
NAMIM 1NSURSD:
AUMORMD
! 1'ATTM
C.J. CONSTRUCTION, INC.
TAMRA PONTI
COVERACM PARTS AFFELTIDY,
BUSINESS AUTO
TI18 =MY UNDEPWOUD AND AORMT'AAT THE FOLLOWBW Al dMNDMP ' TOTEM
DEFII=M OF'R4VAtEW UW1I NaA=THE ENCBY DEMitTED WOW Ma MCY TO
THE MENT If FALLS WMEN SHE AMBMXD DEFIIi11'jOR
AIRWRONAL INSEM20 NAKL
CITY OF NEWPORT BEACH
P.O. BOX 1768
NEWPORT BEACH, CA 92658 -8915
THE DEFiN1 GN OF'DiMJRS 19 AMhr� TO Dux m -
'ANY PERSON OR ORGAKWAT7O:N WHO 15 L IX141SY RRSPOl SN"
FOR71M *U Ti" OF TAB 9MLVWD AUTOROWU BY TO NAND
Dom, IT'S HMPLOYM. OR ANY PERSON LwMO THE UiMWM
ALI MOLIR.E W1TB TE M NAMED INSURER'S PPRMSM 7
THE TERM "UW WHEN APPLIED TO A?AUM VMUCLS SHALL MCY MEAN OFMATMG,
MAWAINWO, LOADING OR UNLOADM A MOTOR VM=JL
dLL!,,, &,7t
AmUmbod 81Aare
z
9
9
JUL -19 -2001 12:02P FROM:
ACORD CERTIFICATC"3F LIABILITY INSU
PRODUCER
SOUTHERN AMERICAN INSURANCE AGENCY
1101 CALIFORNIA AVENUE, 11100
CORONA, CA 92881
INSURED
C.J. CONSTRUCTION,INC.
13600 IMPERIAL HWY., #5
SANTA FE SPRINGS, CA 90670
COVERAGES
70:9518219496443318 P:2/2
ONLY AND CONFERS NO RIGHTS UPON THE
HOLDER. THIS CERTIFICATE DOES NOT AMENC
ALTER THE COVERAGE AFFORDED BY THE POL
INSURERS AFFORDING COVERAGE
DATE
I
OR
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.
lLTR
TYPE OF INSURANCE
POLICY NUMBER I
POD CY EFFDECTIVE
LICY
PDATE M/D EXPIRATION
LIMITS
GENERAL LIABILITY
I
EACH OCCURRENCE S
FIRE DAMAGE (Any w MP) 'S
COMMERCIAL GENERAL LIABILITY
MED EXP (Any one pmw) S
CLAIMS MADE OCCUR
I
I
PERSONAL & AOV INJURY S
GENERAL AGGREGATE IS
GEWL AGGREGATE LIMIT APPLIES PER
PRODUCTS - COMPIOP ASS I S
POLICY r PRO- 17 LOC JFCT
AUTOMOBILE
LIABILITY
ANY AUTO
COMBINED SINGLE UNIT
(Ea a=deN) S
BODILY INJURY S
(PU pvsRn)
ALL OWNED AUTOS
SCHEDULED AUTOS
i
BODILY INJURY
(Pe, Mml.n) B
HIRED AUTOS
NON -OWNED AUTOS
I
PROPERTY DAMAGE
S
l
i(Per=ident)
AGE LIABILITY
f
AUTO ONLY -EA ACCIDENT S
OTHER THAN EA ACC S
ANY AUTO
I
AUTO ONLY ADD S
EXCESS LIABILITY
EACH OCCURRENCE 5
OCCUR CLAWS MADE
l l
- AGGREGATE S
5
DEDUCTIBLE
S
I S
I RETENTION S
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
.I
I W LI C S TITS ER
E.L. EACH ACCIDENT 5
A
1
1576650 1 I/1/Q1 11102
�E.L DISEASE -EA EMPLOYEE 51 _QQQ_
EL OISEASE-POLICYLIMIT Si 000 000
I
OTHER
I(I
I
I
DESCRIPTION OF OPERAnONS OCATIONWVEHICLES•EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
RE: INSURANCE VERIFICATION. CITY OF DOWNEY CASH CONTRACT $620.
*10 DAYS NOTICE OF CANCELLATION FOR NONPAYMENT.
L.CH I IrH_A I C nVLUCFI I ADDITIONAL INSURED: INSURER LETTER:_ L.ANUIZLLq I IUN
SHOULD ANY OFTME ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
LOS ANGELES ENGINEERING, INC. DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MALL 30 DAYS WRITTEN
ATTN : TOM CROSBY NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SMALL
4134 TEMPLE CITY BLVD. IMPOSE NO OBLIGATION OR LIABILITY Of ANY KIND UPON THE INSURER, ITS AGENTS OR
ROSEMEAD, CA 91770 RFFAESENTAnVES_
0
m
JUL -19 -2001 10:01A FROM:
l
COMA V UDISLATION
I Nt}vaat+a6
FUND
it ILL, sL, '-V0%
4J�
70:9516219496443318 P:2,4
....__ • vU"v r.VVI /VVI
P.O. SM 420807, SAN FRANCISCO. CA 0414248V
CEMIRCATE OF WORKERS COMPENSAMON INWRANCE
ujTT 01:
P 0 BOX
IIl.( NEST Ci.
FaijoY NUL48ER:
CERTIFICATE EXPIRES:
i•�r[: P(H `T(-LYr iL {:
'.ttuS t, ilit C zit Litf
t it'r;'f
L
TP is Is to cart fy that we have tmued 8 valid WorlWry Compensation imu anoe policy M a form mm red by Cte CeltboMla
lnsuMrog COmMlesionar to the employer named below for the POW parlod lndlcated.
Tttis ponoy is na subject to cancellation by the Fund MOW u00111 ten days' adTanee Writtee nodoe b the emplane-
We wsl also give you 11EK days' advance notlm 0MId tAfs policy tW canoelled Prior to"rtnrinei a ofeldOm
This macaW of Insurance is not an Inst Mr= Policy and does not *Mend. eft[end or ai>Iar the WmWS daxiitror by the
policies llsW herein. NOArhhstandht9 any tequkemnt temt. or oonditbm of " omAract or o0w
descobsdher6nnIssubJ90toto81 d Wualed Woes &WpoWm.Itwx*nce afforded by the P01Idsa
AUT}IORr�REPREa TAT(VE
EI4PLOVER'S LIA..HL?TY Ut-IT i(- 0S.U3U%'G i-XNr r i`�:•'�' "t,".Q. ?p PER GGi.E1S1RENCE4
k.'RIf assiEti :75 ?4 ENT.ii -EP t AVE -fi 17 sr J; = [l::liitta t:t r' 1 ftA
0A 120Aj1 1S faT+.SilLrD FO Amp F-Wfac— A 1'::`1 EW Felt,fc..
THIRD P&f1TY f HF; CITY OF I- SWPW%T VC- *1 1
EMPLOYER
F-
C S CONSTRpf:11W4 7w
1360C 1W.T .R i f.L cmY h 5
JUL -24 -2001 TUE 11:24 AM FAX N0, P. 02/27
QCAL -SURANCE
CERTIFICATE OF INSURANCE
CHECKLIST
CITY OF NEWPORT BEACH
THIS CHECKLIST IS COMPRISED OF REQUIREMENTS AS OUTLINED ABY THE CITY OF NEWPORT
BEACH,
DATE RECEIVED: 1l ME
DEPARTNT /CONTACT RECEIVED FROM: VANUNA DyC�irZ
DATE COMPLETED: &7124 SENTTO: SHAUN BY: CE41A
COMPANY/PERSON REQUIRED TO HAVE CERTIFICATE: J CMhUZ JG%7DI1I
GENERAL LIABILITY:
A. INSURANCE COMPANY: WS-MMIUM N,
B. AM BEST RATING (A VII or greater): A: Vill
C. ADMITTED COMPANY: ( Must be California Admitted) Is company tted in California? Yes V" No_
D. LIMITS: (Must be $1,000,000 or greater) What is limit provided ?7 /
E. PRODUCTS AND COMPLETED OPERATIONS: (Must Include) Is it included'? Yes_ No_
F. ADDITIONAL INSURDED WORDING TO INCLUDE: ( The City its officers, agents, officials, employees and
volunteers). Is it included? Yes No
G. PRIMARY AND 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 soley by their negligence.)
Does endorsement include "solely by negligence" wording? Yes No
I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by
certified mail; per Lauren Farley the City will accept the endeavor wording.
II. AUTOMOBILE LIABILITY
A. INSURANCE COMPANY: 0& /�/J6f U21,809AZOIJ
B. AM BEST RATING (A VII or t7eTater)er) VV I
C. ADMITTED COMPANY: ( MUST BE CALIFORNIA ADMITTED) Is company admitted? Yes PNo
D. LIMITS: ( Must be 51.000,000 minimum BI & PD and S500,000 UM) What is limits provided ?.T _
E. ADDITIONAL INSURED WORDING TO INCLUDE: (The City its officers ,agents, officials, employees and
volunteers). Is it included? Yes ✓ No_
F. PRIMARY AND NON CONTRIBUTORY WORDING: (Must be included). Is it included? Yes ✓ ✓ No_
G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by
certified mail; per Lauren Farley the City will accept the endeavor wording.
III. WORKERS COMPENSATION:
A. INSURANCE COMPANY: Ma omffw rUND
B. AM BEST RATING (A VR or greater) - X ll1
C. LIMITS: Statutory
D. WAVIER OF SUBROGATION: (To include). Is it included? Yes/ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes v' No
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
0 9
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
PACIFIC COAST HIGHWAY SIDEWALK
FROM CAMEO SHORES ROAD TO CITY LIMIT
CONTRACT NO. 3148
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard, P. O. Box 1768
Newport Beach, California 92663 -8915
Gentlemen:
PR1of1
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. 3148 in accordance with the Plans and Special
Provisions, and will take in full payment therefore the following 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 Mobilization
@To aijkf - (t V-e 64dii4 Dollars
and
h v Cents
Per Lump Sum
2. Lump Sum. Clearing and Grubbing
@:14, do &a-Sir, r?,,,- Dollars
and
—ncr Cents
Per Lump Sum
3. 200 C.Y. Compacted Fill'
@ //i Dollars
and
Cents
Per Cubic Yard
$ .GO
$ oZSOO.oy
$
$ '& O2
L
0 PR2of2
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
4. 310 L.F. PCC Curb and Gutter
@ - / Dollars
and
Cents
Per Lineal Foot
2730 S.F. PCC Sidewalk
@ Dollars
and
Cents $ 3�G�
Per Lineal oot
6. 45 Tons Asphalt Concrete Paving
@ v Z Dollars
and
} Cents $ _`< ,,Od
Per Ton
7. Lump Sum Caltrans Requirements and
Traffic Control /
@� SG O"ollars
and
%%6 Cents
Per Lump Sum
TOTAL PRICE IN WRITTEN WORDS:
- (vo'KI�
and /%a Cents
5 3e) t)/
Date
Bidder's Telephone and Fax Numbers
Bidder's License No. and Classification
Bidder
Bidder's
a
$
TOTAL PRICE (FIGURES)
0 0
1
1
2
2
2
2
2
2
2
2
2
2
3
3
3
3
3
3
4
4
PUBLIC WORKS DEPARTMENT
INDEX
FOR
SPECIAL PROVISIONS
PACIFIC COAST HIGHWAY SIDEWALK
FROM CAMEO SHORES ROAD TO CITY LIMIT
CONTRACT NO. 3148
INTRODUCTION
PART 1--- GENERAL PROVISIONS
SECTION 2
SCOPE AND CONTROL OF THE WORK
2 -6
WORK TO BE DONE
2 -9
SURVEYING
2 -9.3
Survey Service
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
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
2
2
2
2
2
2
2
2
2
2
3
3
3
3
3
3
4
4
0 0
SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR
7 -5
PERMITS
7 -8
PROJECT SITE MAINTENANCE
7 -8.5
Temporary Light, Power and Water
7 -8.6
Water Pollution Control
7 -9
PROTECTION AND RESTORATION OF EXISTING
SECTION 302
IMPROVEMENTS
7 -10
PUBLIC CONVENIENCE AND SAFETY
7 -10.1
Traffic and Access
7 -10.2
Storage of Equipment and Materials in Public Streets
7 -10.3
Street Closures, Detours, Barricades
7 -10.4
Public Safety
7- 10.41
Safety Orders
7 -10.5
"No Parking" Signs
7 -15
CONTRACTOR LICENSES
7 -16
CONTRACTOR'S RECORDS /AS BUILT DRAWINGS
SECTION 9 MEASUREMENT AND PAYMENT
9 -3 PAYMENT
9 -3.1 General
PART 3--- CONSTRUCTION METHODS
4
4
4
4
4
4
5
5
5
5
5
5
5
6
6
6
6
6
SECTION 300
EARTHWORK 6
300 -1
CLEARING AND GRUBBING 6
300 -1.3
Removal and Disposal of Materials 6
300 -1.3.1
General 6
300 -1.5
Solid Waste Diversion 7
SECTION 302
ROADWAY SURFACING 7
302 -5
ASPHALT CONCRETE PAVEMENT 7
302 -5.1
General 7
302 -5.4
Tack Coat 7
SECTION 303
CONCRETE AND MASONRY CONSTRUCTION 7
303 -5
CONCRETE CURBS, WALKS, GUTTERS, CROSS 7
GUTTERS, ALLEY INTERSECTIONS, ACCESS
RAMPS AND DRIVEWAYS
303 -5.1
Requirements 7
303 -5.1.1
General 7
303 -5.5.4
Gutter 7
CALTRANS ENCROACHMENT PERMIT
E
• SP 1 OF 7
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
PACIFIC COAST HIGHWAY SIDEWALK
FROM CAMEO SHORES ROAD TO CITY LIMIT
CONTRACT NO. 3148
INTRODUCTION
All work necessary for the completion of this contract shall be done in accordance with
(1) these Special Provisions; (2) the Plans (Drawing No. R- 5717 -S); (3) the City's
(1994 edition), including Supplements; (4) the Standard Specifications for Public Works
Construction (1997 edition), including supplements; and (5) the attached Encroachment
Permit issued by the State of California ( Caltrans). 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.,
3055 Overland Avenue, Los Angeles, California, 90034, telephone (310) 202 -7775.
The following Special Provisions supplement or modify the Standard
Specifications for Public Works Construction as referenced and stated
hereinafter:
PART 1
GENERAL PROVISIONS
SECTION 2-- -SCOPE AND CONTROL OF THE WORK
2 -6 WORK TO BE DONE. Add to this section, "The work necessary for the
completion of this contract consists of obtaining and complying with the provisions of a
Caltrans "DP" permit; removing and replacing signs; removing vegetation and asphalt
pavement; capping sprinkler systems; constructing fill, curb and gutter, sidewalk, and
pavement patchback; coordinating work by utility companies; etc.; along the southerly
side of Pacific Coast Highway easterly of Cameo Shores Road in Corona del Mar."
9
2 -9 SURVEYING
0 SP2OF7
2 -9.3 Survey Service. Add to this section, "The Engineer will provide construction
staking as required to construct the improvements. Any additional stakes or any
restaking or costs thereof shall be the responsibility of the Contractor. The
Contractor shall notify the City in writing two working days in advance of the time
that the stakes are needed."
SECTION 3 - -- CHANGES IN WORK
3 -3 EXTRA WORK
3 -3.2 Payment
3 -3.2.3 Markup. Replace this section with,
"(a) Work by Contractor. The following percentages shall be added to the
Contractor's costs and shall constitute the markup for all overhead and profits:
1) Labor ............. ............................... 20
2) Materials ........ ............................... 15
3) Equipment Rental ........................... 15
4) Other Items and Expenditures ........... 15
To the sum of the costs and markups provided for in this subsection, 1 percent
shall be added for compensation for bonding.
(b) Work by Subcontractor. When all or any part of the extra work is
performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be
applied to the Subcontractor's actual cost of such work. A markup of 10 percent
on the first $5,000 of the subcontracted portion of the extra work and a markup
of 5 percent on work added in excess of $5,000 of the subcontracted portion of
the extra work may be added by the Contractor.
This Section only applies to work in excess of the estimated quantities shown in
the Proposal."
SECTION 4--- CONTROL OF MATERIALS
4 -1 MATERIALS AND WORKMANSHIP
4 -1.3 Inspection Requirements
4 -1.3.4 Inspection and Testing. All material and articles furnished by the
Contractor shall be subject to rigid inspection, and no material or article shall be
used in the work until it has been inspected and accepted by the Engineer. The
Contractor shall furnish the Engineer full information as to the progress of the
0
SP3OF7
work in its various parts and shall give the Engineer timely (48 hours minimum)
notice of the Contractor's readiness for inspection.
The Engineer shall select an independent testing laboratory and pay for all
testing as specified in the various sections of the Standard Special Provisions
and these Special Provisions. When, in the opinion of the Engineer, additional
tests and retesting due to failed tests or inspections are required because of
unsatisfactory results in 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 coordinate the adjustment of
Southern California Edison, Gas Company, Pacific Bell, and cable television facilities to
finish grade with the appropriate utility company.
SECTION 6 - -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK
6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this
section, '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. No work shall begin until all contract documents have been
approved by the City, a preconstruction conference has been held with the Engineer,
and a schedule of work has been approved by the Engineer.
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 complying with provisions contained in the
attached State of California Encroachment Permit and providing all traffic controls,
demolition, removals, construction, adjustments, cleanup, etc., needed to complete the
work shown on the plans and specified herein."
6 -7 TIME OF COMPLETION
6 -7.1 General. Add to this section, 'The Contractor shall complete all work under
this contract within 50 consecutive working days from the date of award of contract.
The Contractor shall ensure the availability of all material prior to the start of work.
Unavailability of material will not be sufficient reason to grant the Contractor an
extension of time for 100 percent completion of work."
• SP4OF7
6 -7.2 Working Days. Revise 3) to read, "any City holiday, defined as January 1st,
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."
6 -7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 4:30 p.m.
Monday through Thursday and 7:00 a.m. to 3:30 p.m. on Fridays.
Should the Contractor elect to work later than 4:30 p.m. (3:30 p.m. Fridays) (up to
6:30 p.m.) weekdays or between 8:00 a.m. and 6:00 p.m. Saturday, he must first
obtain special permission from the Engineer. A request for working during any of
these hours must be made at least 72 hours in advance of the desired time period.
A separate request must be made for each work shift. The Engineer reserves the
right to deny any or all such requests. Additionally, the Contractor shall pay for
supplemental inspection costs of $50.00 per hour when such time periods are
approved.
SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR
7 -5 PERMITS. Add to this section, "The Contractor shall pay fees for and obtain a
Caltrans "DP" permit and comply with all provisions contained in said permit and in the
attached State of California Encroachment Permit. The Engineer will reimburse the
Contractor for Caltrans' "DP" permit fees, in addition to payment for Bid Item 7."
7 -8 PROJECT SITE MAINTENANCE
7 -8.5 Temporary Light, Power and Water. Add to this section, "If the Contractor
elects to use the City's water, he shall arrange for a meter and tender a $750 meter
deposit with the City. Upon return of the meter to the City, the deposit will be
returned to the Contractor, less a quantity charge for water usage and repair
charges for damage to the meter."
7-8.6 Water Pollution Control. Add to this section, "Surface runoff water
containing mud, silt or other deleterious material due to the construction of this
project shall be treated by filtration or retention in settling basin(s) sufficient to
prevent such material from migrating into any catch basin or the bay.
The Contractor shall prepare, submit,
accordance with provisions contained
Encroachment Permit."
and obtain approval of a WPCP in
in the attached State of California
7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. Add to
this section, "The Contractor shall salvage, straighten the posts of, and reinstall signs in
portland cement concrete foundations as directed by the Engineer. The Contractor
• SP5O1`7
shall cut, cap and mark out the irrigation system and make every effort to preserve and
minimize removal of turf within the construction zone. The turf and irrigation system will
be restored by others."
7 -10 PUBLIC CONVENIENCE AND SAFETY
7 -10.1 Traffic and Access. Add to this section, "The Contractor shall provide
traffic control and access in accordance with the attached Caltrans Encroachment
Permit, Section 7 -10 of the Standard Specifications, and the Work Area Traffic
Control Handbook (WATCH) published by Building News, Inc."
7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first
paragraph and add to this section, "Construction materials shall not be stored in
streets, roads, or sidewalk areas."
7 -10.3 Street Closures, Detours and Barricades. Add to this section, "The
Contractor's attention is directed to the public traffic provisions contained in the
attached State of California Encroachment Permit."
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 PCH has posted "NO PARKING"
signs) which he shall post at least forty -eight hours in advance of the need for
enforcement. In addition, it shall be the Contractor's responsibility to notify the City's
Police Department, Traffic Division at (949) 644 -3717, for verification of posting at
least forty -eight hours in advance of the need for enforcement. The signs shall (1)
be made of white card stock; (2) have minimum dimensions of 12- inches wide and
18- inches high; and (3) be similar in design and color to sign R -38 of the CalTrans
Uniform Sign Chart.
The Contractor shall print the hours and dates of parking restriction on the "NO
PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the
completed sign shall be reviewed and approved by the Engineer prior to posting.
0
• SP6OF7
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'S RECORDS/AS BUILT DRAWINGS. A stamped set of
approved plans and specifications shall be on the job site at all times. In addition, the
Contractor shall maintain "As- Built" drawings of all work as the job progresses. A
separate set of drawings shall be maintained for this purpose. These drawings shall be
up -to -date and so certified by 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 verified by the Engineer
prior to final payment or release of any 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 thereafter.
Payment for incidental items of work not separately listed shall be included in the
prices shown for the other related items of work."
PART 3
CONSTRUCTION METHODS
SECTION 300 - -- EARTHWORK
300 -1 CLEARING AND GRUBBING
300 -1.3 Removal and Disposal of Materials
300 -1.3.1 General. Add to this section, 'The work shall be done in accordance
with Section 300 -1.3.2 of the Standard Specifications except as modified and
supplemented herein. Joins to existing pavement shall be at full depth saw cuts.
The Engineer shall approve the Contractor's method of final removal.
• • SP7OF7
The Contractor is responsible for clearing and grubbing, including removing and
disposing of interfering vegetation, irrigation system, wooden fence, signs, etc.
See Section 7 -9 for further detail.
The Contractor shall maintain the job site in a clean and safe condition. The
Contractor will remove any broken concrete, debris or other deleterious material
from the job site at the end of each work day."
300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes
generated from the job site shall be disposed of at a facility which crushes such
materials for reuse. Excess soil and other recyclable solid wastes shall not be
disposed of at a sanitary landfill.
The Contractor shall maintain monthly tonnage records of total solid wastes
generated and solid wastes disposed of at a sanitary landfill. The Contractor shall
report said tonnage monthly to the Engineer on a form provided by the Engineer.
SECTION 302 - -- ROADWAY SURFACING
302 -5 ASPHALT CONCRETE PAVEMENT
302 -5.1 General. Add to this section, 'The asphalt concrete used shall be Type B-
AR- 4000."
302 -5.4 Tack Coat. Add to this section, 'Prior to placing asphalt concrete patches,
a tack coat of Type SS-1h asphaltic emulsion at a rate not to exceed one -tenth
(1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and
P.C.C. surfaces and edges against which asphalt concrete is to be placed."
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 forms shall be removed, irrigation systems shall be repaired, and
backfill or patchback shall be placed within 72 hours following concrete
placement."
303 -5.5.4 Gutter. Add to this section, 'The Contractor shall hold the flow line
tolerances to within 0.01 feet of those elevations shown on the plan."
ENCROACHMENT PERMIT
•
TR -0120 (REV. 2/98)
In compliance with (Check one):
X Your application of 11/22/00
❑ Utility Notice No.
nAgreement No.
of
of
I LUU -IVL a -U841
Dist/Co/Rte/PM
12 -ORA -1 -14.84
Date
March 21, 2001
Fee Paid Deposit
EXEMPT $
R/W Contract No. of $
Bond Company
Bond Number (1)
TO:
CITY OF NEWPORT BEACH
3300 NEWPORT BLVD.
NEWPORT BEACH, CA 92663
LLOYD DALTON
949/644 -3328
I I
PERMITTEE
And subject to the following, PERMISSION IS HEREBY GRANTED to:
SAWCUT EDGE OF AC ROADWAY AND CLEAR AC, VEGETATION, DEBRIS, SPRINKLER SYSTEM, ETC.
WITHIN STATE RIGHT OF WAY ALONG SR -1 AT CAMEO SHORES ROAD IN NEWPORT BEACH.
All performed work shall be in accordance with current Caltrans Standard Specifications and Standard Plans,
Section 500 (Specific Permits) of the Encroachment Permits Manual, the attached Provisions and Permit Plans
dated 11122/2000
Permittee shall contact Rahim Monajemi, Permit Inspector 949/440 -4480
between 7 AM and 9 AM a minimum of two working days prior to the date of the pre- construction meeting. Failure to
comply with this requirement will result in suspension of this permit.
Permittee's Contractor shall furnish the State with a signed application requesting a separate Caltrans "DP" permit
authorizing the Contractor to perform the work within the State Highway right of way on Permittee's behalf.
i ne touowing anacnments are
(Check applicable):
X
Yes
F]
No
❑
Yes
X
No
X
Yes
F]
No
❑
Yes
F—]
No
as part
General Provisions
Utility Maintenance Provisions
Special Provisions
A Cal -OSHA permit required prior to beginning work:
actual costs for:
Yes X NO Review
Yes X No Inspection
Yes X No Field Work
(If any Caltrans effort expended)
u u permit.
This permit is void unless the work is complete before 6128101
This permit is to be strictly construed and no other work other than specifically mentioned is hereby authorized.
No project work shall be commenced unfit all other necessary permits and environmental clearances have been obtained.
Mtce (2)
Ong — Permittee
Ken Nelson, Acting District Director
Danh Phan 7h My�y4blohlw
Paee 1 of 2
Permit Eng
CITY OF NEWPORT BEACH •
1200 NCS 0841
March 21, 2001
In addition to the attached General Provisions (TR -0 045), the following Special Provisions are applicable:
• Permittee shall contact California Highway Patrol Officer Barksdale at 714/5676000 at least 48 hours prior to
implementing traffic control which requires lane closures.
• Whenever the work area is more than 1.83 m away from the adjacent traffic lane but within a designated shoulder or
parking lane, a shoulder closure or parking lane closure acceptable to Caltrans shall be utilized.
• Personal vehicles of the Contractor's employees shall not be parked on paved shoulders or traveled way within the
limits of this work.
• All components of the traffic control system shall be removed from the traveled way and paved shoulders at the end
of the each work period.
• Orange vests and hard hats shall be worn at all times while working within State right -of -way.
• The full width of traveled way shall be open for use by public traffic on Saturdays, Sundays and designated legal
holidays, after 3:00 PM on Fridays and on the day preceding designated legal holidays, and when construction
operations are not actively in progress.
• In case of any discrepancy between Permittee's Permit Plans and these Permit Special Provisions, these Special
Provisions shall prevail.
• Unless otherwise approved by the State Permit Inspector no work that interferes with public traffic shall be
performed on weekdays between 6:00 AM and 9:00 AM, or between 3:00 PM and 6:30 PM.
• Unless otherwise approved by these Permit Special Provisions or by the State Permit Inspector no lane, ramp or
shoulder closure is permitted.
• A COPY OF WPCP SHALL BE SUBMITTED FOR REVIEW PRIOR TO CONSTRUCTION.
• Immediately following completion of the work permitted herein, Permittee shall fax to 949/724 -2265 the Work
Completion Notice and Customer Service Questionnaire to facilitate final permit processing.
WATER POLLUTION CONTROL PROVISIONS
• Permittee shall fully conform to the requirements of the Caltrans statewide NPDES Storm Water Permit, Order No. 99- 06-DWQ, NPDES No. CAS000003,
adopted by the State Water Resources Control Board on July 15, 1999. When applicable, the Permittee shall also conform to the requirements of the General
NPDES Permit for Construction Activities, Order No. 92-08 -DWQ, NPDES No. CAS 00002, and any subsequent General Permit in effect at the time of
issuance of this Encroachment Permit. These permits regulate storm water and non -storm water discharges associated with year -round construction activities
Please note that the Santa Ana Regional water Quality Control Board has designate October 1" through April 30" as the "Rainy Season."
• For all projects of 2 hectares (5 acres) or more the Permittee shall develop, implement, and maintain a Storm Water Pollution Prevention Plan (SWPPP)
conforming to the requirements of Caltrans statewide Permit, the General NPDES Permit for Construction Activities, and the "Caltrans Storm Water Qualin
Handbook, Construction Contractor's guide and Specifications," effective August 30, 1997, and subsequent revisions.
• For all projects less than 2 hectares (5 acres) , the Permittee shall develop, implement, and maintain a Water Pollution Control Program (WPCP)
conforming to the requirements of Caltrans Specification Section 7 -1.01 G, "Water Pollution Control', and the "Caltrans Storm Water Quality
Handbook, Construction Contractor's Guide and Specifications ", effective April 30, 1997, and subsequent revisions. A copy of the WPCP must be
submitted to Encroachment Permits prior to proceeding with any soil disturbing activities.
• Copies of the Permits and the Construction Contractor's guide and Specifications of the Caltrans Storm Water Quality Handbook may be
obtained from the Department of Transportation, Material Operations Branch, Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento,
California 95815, telephone: 916/445 -3520. Copies of the Permits and Handbook are also available for review at Caltrans District 12, 3347
Michelson Drive, Suite 100, Irvine, California 92612 -0667, Telephone: 949/724 -2260.
Page 2 of 2
26.
27.
28.
29.
30.
work on the highway. The permittee at his sole expense, unless under
a prior agreement, JUA, or a CCUA, shall comply with said request.
ARCHAEOLOGICALIHISTORICAL: If any archaeological or
historical resources are revealed in the work vicinity, the permittee
shall immediately stop work, notify the Department's representative,
retain a qualified archaeologist who shall evaluate the site, and
make recommendations to the Department representative regarding
the continuance of work.
PREVAILING WAGES: Work performed by or under a permit
may require penmittee's contractors and subcontractors to pay
appropriate prevailing wages as set by the Department of Industrial
Relations. Inquiries or requests for interpretations relative to
enforcement of prevailing wage requirements we directed to State
of California Department of Industrial Relations, 525 Golden Gale
Avenue, San Francisco, California 94102.
RESPONSIBILITY FOR DAMAGE: The Stale of California and
all officers and employees thereof, including but not limited to the
Director of Transportation and the Deputy Director, shall not be
answerable or accountable in any manner for injury to or death of
any person, including but not limited to the permittee, persons
employed by the permittee, persons acting in behalf of the permittee,
or for damage to property from any cause. The permittee shall be
responsible for any liability imposed by law and for injuries to or
death of any person, including but not limited to the permittee,
persons employed by the permittee, persons acting in behalf of the
permiiaee, or for damage to property arising out of work, or other
activity permitted and done by the permittee under a permit, or
arising out of the failure on the permiuce's pan to perform his
obligations under any permit in respect to maintenance or any other
obligations, or resulting from defects or obstructions, or from any
cause whatsoever during the progress of the work, or other activity
or at any subsequent time, work or other activity is being performed
under the obligations provided by and contemplated by the permit.
The permittee shall indemnify and save harmless the State of
California, all officers, employees, and State's contractors, thereof,
including but not limited to the Director of Transportation and the
Deputy Director , from all claims, suits or actions of every name,
kind and description brought for or on account of injuries to or death
of any person, including but not limited to the permittee, persons
employed by the permittee, persons acting in behalf of the permittee
and the public, or damage to property resulting from the
performance of work or other activity under the permit, or arising
out of the failure on the permiuce's part to perform his obligations
under any permit in respect to maintenance or any other obligations,
or resulting from defects or obstructions, or from any cause
whatsoever during the progress of the work, or other activity or at
any subsequent time, work or other activity is being performed under
the obligations provided by and contemplated by the permit, except
as otherwise provided by statute.
The duty of the permittee to indemnify and save harmless includes
the duties to defend as set forth in Section 2778 of the Civil Code.
The permittee waives any and all rights to any type of expressed or
implied indemnity against the State, its officers, employees, and State
contractors. It is the intent of the parties that the permittee will
indemnify and hold harmless the State, its officers, employees, and
State's contractors, from any and all claims, suits or actions as set
forth above regardless of the existence or degree of fault or
negligence, whether active or passive, primary or secondary, on the
part of the State, the permittee, persons employed by the permittee.
or acting on behalf of the permittee.
For the purpose of this section, "State's contractors' shall include
contractors and their subcontractors under contract to die State of
California Performing work within the limits of this permit.
NO PRECEDENT ESTABLISHED: This permit is issued with the
understanding that it does not establish a precedent.
FEDERAL CIVIL RIGHTS REQUIREMENTS FOR PUBLIC
ACCOMMODATION:
A. The permittee, for himself, his personal representative,
successors in interest, and assigns as pan of the consideration hereof,
does hereby covenant and agree that:
L No person on the grounds of race, color, or national origin shall be
excluded from participation in, be denied the benefits of. or be
otherwise subjected to discrimination in the use of said facilities.
2. That in connection with the construction of any improvements on
said lands and the furnishings of services thereon, no discrimination
shall be practiced in the selection and retention of first -tier
subcontractors in the selection of second -tier subcontractors.
3. That such discrimination shall not be practiced against the public in
their access to and use of the facilities and services provided for
41
public accommodations (such as eating, sleeping, rest, recreation),
and operation on, over, or under the space of the right of way.
4. That the permittee shall use the premises in compliance with all
other requirements imposed pursuant to Title 15, Code of Federal
Regulations, Commerce and Foreign Trade, Subtitle A. Office of the
Secretary of Commerce, Pan 8 (15 C.F.R. Pan 8) and as said
Regulations may be amended.
B. That in the event of breach of any of the above
nondiscrimination covenants, the Stale shall have the right to
terminate the permit and to re -enter and repossess said land and the
land and the facilities thereon, and hold the same as if said permit
had never been made or issued.
31. MAINTENANCE OF HIGHWAYS: The permittee agrees, by
acceptance of a permit, to property maintain any encroachment. This
assurance requires the permittee to provide inspection and repair any
damage, at permittee's expense, to State facilities resulting from the
encroachment.
32. SPECIAL EVENTS: In accordance with subdivision (a) of Streets
and Highways Code Section 682.5, the Department of Transportation
shall not he responsible for the conduct or operation of the permitted
activity, and the applicant agrees to defend, indemnify, and hold
harmless the State and the city or county against any and all claims
arising out of any activity for which the permit is issued.
Perminee understands and agrees that it will comply with the
obligations of Titles II and III of the Americans with Disabilities Act
of 1990 in the conduct of the event, and further agrees to indemnify
and save harmless the State of California, all officers and employees
thereof, including but not limited to the Director of Transportation.
from any claims or liability arising out of or by value of said Act.
33. PRIVATE USE OF RIGHT OF WAY: Highway right of way shall
not be used for private purposes without compensation to the State.
The gifting of public property use and therefore public funds is
prohibited under the California Constitution, Article i6.
34. FIELD WORE REIMBURSEMENT: Permittee shall reimburse
State for field work performed on perntittee's behalf to correct or
remedy ha=ds or damaged facilities, or clear debris not attended to
by the permittee.
35. Notification of Department and TMC: The permittee shall notify
the Department's representative and the Traffic Management Center
(TMC) at least 7 days before initiating a lane closure or conducting
an activity that may cause a traffic impact. A confirmation
notification should occur 3 days before closure or other potential
traffic impacts. In emergency situations when the corrective work or
the emergency itself may affect traffic, TMC and the Department's
representative shall be notified as soon as possible.
36. Underground Service Alert (USA) Notification: Any excavation
requires compliance with the provisions of Government Code Section
4216 et. seq., including , but not limited to notice to a regional
notification center, such as Underground Service Alen (USA). The
permittee shall provide notification at least 48 hours before
performing any excavation work within the right of way.
ATTACHMENT
ENCROACHMENT PERMIT
CALTRANS DISTRICT 12
WATER POLLUTION CONTROL PROVISIONS
Permittee shall fully conform to the requirements of the Caltrans Statewide
National Pollutant Discharge Elimination System (NPDES) Storm Water Permit, Order
No. 99 -06 -DWQ, NPDES No. CAS000003, adopted by the State Water Resources
Control Board on July 15, 1999. When applicable, the Permittee shall also conform to
the requirements of the General NPDES Permit for Construction Activities, Order No.
92 -08 -DWQ, NPDES No. CAS000002, and any subsequent General Permit in effect at
the time of issuance of this Encroachment Permit. These permits regulate storm water
and non -storm water discharges associated with year -round construction activities.
Please note that the Santa Ana Regional Water Quality Control Board has designated
October 15t through April 301h as the "Rainy Season ".
For all projects resulting in 2 hectares (5 acres) or more of soil disturbance or
otherwise subject to the NPDES program, the Permittee shall develop, implement, and
maintain a Storm Water Pollution Prevention Plan (SWPPP) conforming to the
requirements of the Caltrans Statewide NPDES Permit, the General NPDES Permit for
Construction Activities, and the "Caltrans Storm Water Quality Handbook, Construction
Contractor's Guide and Specifications ", effective August 30, 1997, and subsequent
revisions. A copy of the (SWPPP) must be submitted to Encroachment Permits prior to
proceeding with any soil disturbing activities.
For all projects resulting in less than 2 hectares (5 acres) of soil disturbance or
not otherwise subject to the requirements of the NPDES program, the Permittee shall
develop, implement, and maintain a Water Pollution Control Program (WPCP)
conforming to the requirements of Caltrans Specifications Section 7- 1 -.01G, "Water
Pollution Control ", and the "Caltrans Storm Water Quality Handbook, Construction
Contractor's .Guide and Specifications ", effective August 30, 1997, and subsequent
revisions. A copy of the (WPCP) must be submitted to Encroachment Permits prior to
proceeding with any soil disturbing activities.
Copies of the Permits and the Construction Contractor's Guide and
Specifications of the Caltrans Storm Water Quality Handbook may be obtained from the
Department of Transportation, Material Operations Branch, Publication Distribution Unit,
1900 Royal Oaks Drive, Sacramento, California 95815, Telephone: (916) 445 -3520.
Copies of the Permits and Handbook are also available for review at Caltrans District
12, 3347 Michelson Drive, Suite 100, Irvine, California 92612 -0661, Telephone: (949)
724 -2260.
Revised 02/00
•
JUN I
TO: Mayor and Members of the City Council
FROM: Public Works Department
June 12, 2001
CITY COUNCIL AGENDA
ITEM NO. 11
SUBJECT: PACIFIC COAST HIGHWAY SIDEWALK FROM CAMEO SHORES ROAD
TO CITY LIMIT —AWARD OF CONTRACT NO. 3148
RECOMMENDATIONS:
1. Approve the plans and specifications.
2. Authorize a Budget Amendment in the amount of $36,634 from the
unappropriated Transportation and Circulation Fund Balance to Account No.
7261- C5100606.
3. Award Contract No. 3148 to C.J. Construction, Inc., for the Total Bid Price of
$33,334, and authorize the Mayor and the City Clerk to execute the contract.
4. Establish an amount of $3,300 to cover the cost of unforeseen work.
DISCUSSION:
At 11:00 A.M on May 30, 2001, the City Clerk opened and read the following bids for
this project:
BIDDER
Low C.J. Construction, Inc.
2 Eagle Asphalt Construction, Inc.
3 Southland Construction
4 S. Parker Engineering, Inc.
5 Civil Works Corp.
6 Damon Const. Company
7 Nobest, Inc.
TOTAL BID AMOUNT
$33,334.00
37,522.50
37,890.00
40,255.00
42,050.00
53,390.00
56,140.00
The low total bid amount is 17 percent below the Engineer's Estimate of $40,000. The
low bidder, C.J. Construction, possesses a General "A" contractor's license as required
by the project specifications. C.J. Construction has not performed previous contract
work for the City. However, C.J. Construction has satisfactorily completed similar
projects for numerous other Southern California agencies.
IRSUBJECT: PACIFIC COAST HIGHG7AY WIDENING FROM CAMEO SHORES ROAD TST CITY LIMITS -AWARD OF
CONTRACT NO. 3148
June 12, 2001
Page: 2
This project provides for constructing sidewalk, curb, and gutter between the entrance
to Cameo Shores and the easterly City boundary. This 300 -foot long segment will be
the first piece of "missing" sidewalk to be constructed along the southerly side of Coast
Highway. Other segments of the missing sidewalk, located between Seaward Road
and Cameo Shores Road, may be constructed in future years as funds are available.
There are no construction funds budgeted for this project and Staff recommends the
City Council appropriate $36,634 from the Transportation and Circulation Fund for
contract award and unforeseen work on this project.
Since most of the work will be performed within State's Right -of -Way, Caltrans directed
staff to prepare and submit a "Historic Survey Property Report" for the site. The report
identifies the presence or absence of historical resources /historical properties within a
one -mile radius of the project area and states whether the project has the potential to
impact those resources /properties. In our case, such resources /properties are absent
within the one -mile radius. Staff has obtained a Caltrans' Encroachment Permit.
The Coastal Commission has acknowledged the "de minimis" nature of the work by
waiving their requirement for a Coastal Development Permit for the project.
The contract specifies that all work shall be completed within fifty consecutive working
days from award of contract. Liquidated damages are $250 per calendar day.
Respectfully submitted,
(0, l "�� L
PUBLIC WORKS DEPARTMENT
Don Webb, Director
By: l
Lloyd alton, P.E.
Design Engineer
Attachment: Project Location Map
Bid Summary
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LOCATION PLAN
Qry of Newport Beach
BUDGET AMENDMENT
2000 -01
EFFECT ON BUDGETARY FUND BALANCE:
NO. BA- 056
AMOUNT: 538,334.00
Increase in Budgetary Fund Balance
AND X Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To appropriate $36,334 from the Transportation and Circulation Fund Balance.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
260 3605
REVENUE ESTIMATES (360 1)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Amount
Debit Credit
Description
Transportation & Circulation Fund Balance $36,334.00
Description
Description
Increase Revenue Estimates
Number
X
Account
Increase Expenditure Appropriations
C5100606 Pacific Coast Highway Sidewalk $36,334.00
Division
Number
Transfer Budget Appropriations
SOURCE:
Number
Division
Number
from existing budget appropriations
Account
Number
from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
NO. BA- 056
AMOUNT: 538,334.00
Increase in Budgetary Fund Balance
AND X Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To appropriate $36,334 from the Transportation and Circulation Fund Balance.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
260 3605
REVENUE ESTIMATES (360 1)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Amount
Debit Credit
Description
Transportation & Circulation Fund Balance $36,334.00
Description
Division Number
Account Number
///7 • Automadc System Entry.
Signed: / r vat: A 6-
Fi c pproval: Administrative Services Director Date
Signed: `L✓� , �— jf
Administrative ApprovaVCity Manager ate
Signed:
City Council Approval: City Clerk Date
Description
Division
Number
7261 Transportation & Circulation Fund
Account
Number
C5100606 Pacific Coast Highway Sidewalk $36,334.00
Division
Number
Account
Number
Division
Number
Account
Number
Division Number
Account Number
///7 • Automadc System Entry.
Signed: / r vat: A 6-
Fi c pproval: Administrative Services Director Date
Signed: `L✓� , �— jf
Administrative ApprovaVCity Manager ate
Signed:
City Council Approval: City Clerk Date
Wy of Newport Beach
BUDGET AMENDMENT
2000 -01
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations AND
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following
To appropriate $36,334 from the Transportation and Circulation Fund Balance.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
260 3605
REVENUE ESTIMATES (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Description
Transportation & Circulation Fund Balance
Description
NO. BA- 056
AMOUNT: 136,334.00
Increase in Budgetary Fund Balance
X Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
AFFRUV
I
4
Amount
Debit Credit
$36,334.00
Description
Division Number 7261 Transportation & Circulation Fund
Account Number C5100606 Pacific Coast Highway Sidewalk $36,334.00
Division Number
Account Number
Division Number
Account Number
Division Number
Account Number
Automaflc System Entry.
Signed: / i��._ ro C>/
Fi f provali Administrative Services Director Date
Signed: ,0N , fj
Administrative Approval/City Man ger ate
Signed: (' / 11 V <r i',.� 1 / 7 I . �� -�l VC /
City Council Approval: City Clerk Date
I
0 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 6443005
June 15, 2001
Damon Construction Co.
455 Carson Plaza Drive, Unit F
Carson, CA 90746
Gentlemen:
Thank you for your courtesy in submitting a bid for the Pacific Coast Highway Sidewalk
from Cameo Shores Road to City Limit Project (Contract No. 3148) 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
0 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
June 15, 2001
Civil Works Corp.
9348 Oak Street
Bellflower, CA 90706
Gentlemen:
Thank you for your courtesy in submitting a bid for the Pacific Coast Highway Sidewalk
from Cameo Shores Road to City Limit Project (Contract No. 3148) 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
0 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
June 15, 2001
S. Parker Engineering, Inc.
10059 Whippoorwill Avenue
Fountain Valley, CA 92708
Gentlemen:
Thank you for your courtesy in submitting a bid for the Pacific Coast Highway Sidewalk
from Cameo Shores Road to City Limit Project (Contract No. 3148) 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
0 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 6443005
June 15, 2001
Southland Construction
P.O. Box 1629
Anaheim, CA 92815
Gentlemen:
Thank you for your courtesy in submitting a bid for the Pacific Coast Highway Sidewalk
from Cameo Shores Road to City Limit Project (Contract No. 3148) in the City of
Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. Your cooperation in working with us on this matter is greatly appreciated, and
we hope that you will accept future opportunities to bid on projects of a similiar nature.
Enclosure
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
June 15, 2001
Eagle Asphalt Construction, Inc.
1126 Clorinda Drive
Diamond Bar, CA 91789
Gentlemen:
Thank you for your courtesy in submitting a bid for the Pacific Coast Highway Sidewalk
from Cameo Shores Road to City Limit Project (Contract No. 3148) 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,
i .
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
•
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
June 15, 2001
Nobest, Incorporated
P.O. Box 874
Westminster. CA 92684 -0874
Gentlemen:
Thank you for your courtesy in submitting a bid for the Pacific Coast Highway Sidewalk
from Cameo Shores Road to City Limit Project (Contract No. 3148) 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