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C-3313 - Newport Heights Street Improvements Project
March 27, 2002 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 Nobest, Inc. P.O. Box 874 Westminster, CA 92684 -0874 Subject: Newport Heights Street Improvements (C -3313) To Whom It May Concern: On March 27, 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 May 3, 2001. The Surety for the contract is Contractors Bonding and Insurance Company, and the bond number is CD2430. Enclosed is the Faithful Performance Bond. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk LH:Ib cc: Public Works Department Lois Thompson, Administrative Manager enclosure 3300 Newport Boulevard, Newport Beach 0 0 PAGE 16 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT �d�l<ii�CT[ t�L��k7iE�3 BOND NO. CD 2430 •- :• . The premium charges on this Bond is $ 4,500.00 , being at the rate of $. 10.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Nobest, Inc., hereinafter designated as the "Principal ", a contract for construction of NEWPORT HEIGHTS STREET IMPROVEMENTS PROJECT, Contract No. 3313 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3313 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and CONTRACTORS BONDING AND INSURANCE COMPANY ' duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of four hundred forty -nine thousand, nine hundred fifty -five and no1100 Dollars ($ 449,955.00), lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, finely 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. I 0 0 PAGE 17 As a part of the obligation secured hereby, and in addition to the face amount speed 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 year following the date of fonnal 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 STH day of JULY 2000. NOBEST INCORPORATED Name of Contractor (Principal) CONTRACTORS BONDING AND INSURANCE COMPANY Name of Surety 23172 PLAZA POINTE DRIVE NO. 185 LAGUNA HILLS, CA 92653 Address of Surety 714 - 770 -9733 Telephone Authorized Agent Signature LINDA D. COATS, ATTORNEY IN FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED CALIFORNIA State of California County of Orange ACKNOWLEDGMENT On July 5.2000 before me, Ray E. Anderson /Notary Public D" NA nm TIN a CRar iw9 -•JYr DM Newry Rokl personally appeared Larry Nodland N.nwet a sgr(x) B personally known to me – OR – C3 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshefthey executed the same in his/her/their authorized capachy(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, ,6KAY E. ANDERSON executed the instrument. Commision S 1141824 Notary Public - California ORANGE County WITNESS my d and official seal. myCorwExprmJun 13,2061 / OPTIONAL Though the information below is not required by law, R may prove valuable to persons re"g on the doorment and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ® Corporate Officer Title(s): President ❑ Partner —0 Limited ❑ General ❑ Attomey -in -Fact ❑ Trustee • Guardian or Conservator • Other. %o ct ftft ftv Signer Is Representing: Signer's Name: LJ Inan Number of Pages: Individual Corporate Officer Title(s): Partner —❑ Limited ❑ General Attomey -in -Fact Trustee Guardian or Conservator Other. Signer Is Representing: 61999 NYpW 4a y A9reeino - =X Rwnnw Aw. P.C. Sox 71" -C&WpA Pok CA 913)9.71" ►n6 Nw SW Rge9r. CA97kL:ti 1JODdrbA9Z7 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On JUL 0 5 ZU DATE personally appeared _ before me, CHRISTOPHER J- COATS, NOTARY PUBLIC NAME, TITLE OF OFFICER - EA.. 'JANE DOE, NOTARY PUBLIC' LINDA D. COATS No. 590] NAME(S) OF SIGNER(S) ® 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 J. COATS capacity(ies), and that by his /her /their 03462 a signature(s) on the instrument the person(s), am aI�oRtlu� or the entity upon behalf of which the urm wy�e,2000 m person(s) acted, executed the instrument. WITNESS my hand a Id official seal. SI E OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTIMIES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • SM Rammet Ave., P.O. Sox 7184 • Canoga Palk. CA 91309 -7184 cbic LIMITED POWER OF ATTORNEY Not Valid for Bonds Power of Attorney Executed On or After: APRIL 30TH, 2002 Number: 610320 A valid original of this document must be printed on security paper with black, blue, and red ink, and must bear the seal of Contractors Bonding and Insurance Company (the "Company "). Only an unaltered original of this power of attorney is valid. If a photocopy, the word "VOID" should appear clearly in one or more places. This Power of Attorney is valid solely in connection with the execution and delivery of the bond bearing the number indicated below, provided the bond is of the type indicated below, and is valid only if the bond is executed on or before the date indicated above. KNOW ALL NEN BY TBBSE PRESENTS, that the Company does hereby nako, constitute and appoint the following: DOUGLAS A. RAPV and LXM A D. COATS its'Grae and lawful ittorney(s)- in -sact, with full power and authority hereby conferred in its name, place and ate", to execute, acknowledge and daliver on behalt,-499 the Company: _ (1) any and all bonds *at undo p purpose , -.: provided,. ^boweveX,_. that no- peisoiti: spi�7 !.&A rued t, e4l and deliver any baud or u"sAakind'that`t ia1L'oo� 'p 0 4 eeapi►i� fo ?L ;portion -ef the penal itv`thersoof in simakk.of $$; 00,600, and provided, further, that no.Attor;q,- in- ?aa;ssball have the authority to.isan. a bid or proposal bond for a�.pirofept•wher�j,If a contract is .awarded, nay bond or undertaking would be riquitsr W3[Ch,; If aun in excess of $6,000,0001 and .(2) consents, relaasai: and otl[kr a lar docuseats * X i ,contract- banded by the .0aipa4: ' Thia apP�.utaaai��. ��'�r - � tti� £fia.Bod 3 of Directors of the' - -- _r.:--- ;_- - - - -_ � ---------------- --- ------ ---------- ------ - -- - -- - ------- ---- ------ - -----' ----------------------------------------------- -_ -- �-- -- --- ---- ------ -- - - - - - -' ---------------------------------------- ---.,--- ---------- ^ --------- --------- ------------------ --------------- - - -- CERTIFICATE I, the undersigned secretary of Contractors Bonding and Insurance Company, a Washington corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked, and, furthermore, that the resolutions of the Board of Directors set forth on the reverse are now in full force and effect. Not ?Yalld Is Affixed Bond Number CD 2430 .. Signed and sealed this 5TH .day o I JULY 2000 CBIC • 1213 Valley Street - (206) 622 -7053 • (800) 765- Kevin L. Lybeck, ox 9271 • Seattle, WA 98109 -0271 (Toll Free) • (206) 382 -9623 FAX PO&LPOA.03- U5111599 May 3, 2001 CITY OF NEWPORT AACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 Nobest, Inc. P. O. Box 874 Westminster, CA 92684 -0874 Subject: Newport Heights Street Improvements Project (C -3313) To Whom It May Concern: On March 27, 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 March 28, 2001, Reference No. 20010180361. The Surety for the contract is Contractors Bonding and Insurance Company, and the bond number is CD2430. Enclosed is the Labor & Materials Payment Bond. Sincerely, � � LaVonne M. Harkless, CM /AAE City Clerk LH:cf cc: Public Works Department R. Gunther, P.E., Construction Engineer encls. 3300 Newport Boulevard, Newport Beach • PAGE 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS STREET IMPROVEMENTS PROJECT CONTRACT NO. 3313 BOND NO. CD 2430 I ! _L %13:L` L 7 �' � Lt > i � : U1�� 9_1'1 u L� : � l �• I :1.7 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Nobest, Inc., hereinafter designated as the "Principal," a contract for construction of NEWPORT HEIGHTS STREET IMPROVEMENTS PROJECT, Contract No. 3313 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. 3313 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, CONTRACTORS BONDING AND 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 four hundred forty -nine thousand, nine hundred fifty -five and no /100 Dollars ($449,955.00), 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 attorneys 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 Contract or to the work or to the specfications. 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 5TH day of JULY 2000. NOBEST INCORPORATED Name of Contractor (Principal) CONTRACTORS BONDING AND INSURANCE COMPANY Name of Surety 23172 PLAZA POINTE DRIVE NO. 185 LAGUNA HILLS, CA 92653 Address of Surety 949 - 770 -9733 Telephone Authorized Agent Signature LINDA D. COATS, ATTORNEY IN FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED CALIFORNIA State of California County of Orange ACKNOWLEDGMENT On July 5,2,nnn before me, Kay E. Anderson /Notary Public bate Naar um Tia a Clear ta.9..Jy COa. HOOV Pubkj personally appeared Larry Nodland Nun9(3) of sgwa B 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 acknowledged to me that he/sheMey executed the same in his/herAheir authorized capatxty(ies), and that by KAY his/her /their signature(s) on the instrument the person(s), Commit it ANDERSON or the entity upon behalf of which the person (s) acted, Commision fr 1141524 r tY P P ( ) M► Notary Public - California executed the instrument. ORANGE County to J µyCornmE>piresJun 13,2001 WITNESS my hand and official seal. ('\ I OPTIONAL' Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment or this form to awther document. Description of Attached Document Title or Type of Document: Rnnd Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual IM Corporate Officer Title(s): President ❑ Partner — ❑ Limited ❑ General ❑ Attomey -in -Fact ❑ Trustee • Guardian or Conservator • Other. Fop of Numb here Signer Is Representing: Signer's Name: ■ Individual Corporate Officer Title(s): Partner —❑ limited AttomeyAn -Fact Trustee ❑ General ❑ Guardian or Conservator ❑ Other. Signer Is Representing: RIGHT TH Wjl PAI..W OF SICtJEA O/MSI I NOWyMaodaam -S=ft an AI P.O. OM 7184•Crnga PaK CA111709-71414 FOl NU 3907 P400"r. cal To"M 140w"w CALIFORNIA ALL - PURPOSE RKNOWLEDGMENT State of County of CALIFORNIA ORANGE 0 No. 5907 On JUL 05 20 before me, CHRISTOPHER J- COATS, NOTARY PUBLIC DATE NAME, TITLE OF OFFICER E.G.. 'JANE DOE, NOTARY PUBLIC' personally appeared LINDA D. COATS NAME(S) OF SIGNER($) ® 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 CHRISTOPHER J. COATS signature(s) on the instrument the person(s), COMM. 4 1103462 a or the entity upon behalf of which the cr NOTARY PUBLIC y 01NIII person(s) acted, executed the instrument. Cortm, E11111cs,fW115.2000 WITNESS my hand and official seal. SIG RE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENRTY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Sox 7164 - Canoga Park, CA 91309 -7164 0 RECOOM INTE®TED BY AND WHEN RECORDED RETURN TO: City Clem -5 A8 :34 City of Newport Beach �q Ne0 t7y %1,IRTaHEACii 0 Recorded in Official Records, County of Orange Gary Granville, Clerk- Recorder IIIIIIIIIIIIIIIillilllllit lllllllllllilllllli illlllllllllNO FEE 20010180361 11:46am 03128101 115 3 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 " xempt from recording ees pursuant to Govemment Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Nobest, Inc., of Westminster, California, as Contractor, entered into a Contract on June 27, 2000. Said Contract set forth certain improvements, as follows: Newport Heights Street Improvements, C -3313 Work on said Contract was completed on February 13, 2001, and was found to be acceptable on March 27, 2001, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Contractors Bonding and Puttic- WO-rks 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 on City Clerk , at Newport Beach, California. March 27, 2001 CITY COUNCIL AGENDA ITEM NO. 9 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: NEWPORT HEIGHTS STREET IMPROVEMENTS, CONTRACT NO. 3313 — ACCEPTANCE AND COMPLETION RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. ,. ROVED 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 27, 2000, the City Council authorized the award of the Newport Heights Street Improvements contract to Nobest, Inc., of Westminster, California. The contract provided for rehabilitation of existing asphalt concrete pavement by constructing an asphalt concrete overlay, and in some areas, complete removal and replacement of the roadway. In addition, curb and gutter, driveway approaches, and concrete street replacement were constructed. The improved Newport Heights streets were Santa Ana Avenue, Catalina Drive, Holmwood Drive, and Beacon Street. 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: $449,955.00 Actual amount of bid items constructed: 490,374.22 Total amount of change orders: 29,584.34 Final contract cost: $519.958.56 The increase in the amount of actual bid items constructed over the original bid amount resulted from the need for over - excavation of unacceptable subgrade materials and for additional areas of asphalt paving. The final overall construction cost including change orders was 15.6 percent over the original bid amount. SUBJECT: NEWPORT HEIGHTS ET IMPROVEMENTS, CONTRACT NO 3313 - AOTANCE AND COMPLETION March 27, 2001 Page 2 A total of two change orders totaling $29,584.34 were issued to complete the project. They were as follows: 1. A change order in the amount of $11,246.00 provided for removal of Type B curb and construction of 496 feet of Type A curb and gutter. 2. A change order in the amount of $18,338.34 provided for removal and reconstruction of cross gutters, rebuilding brick pavers and wall, and additional curb and gutter. Funds for the project were budgeted in the following accounts: Description OCCTFP Measure M Turnback Sidewalk, Curb & Gutter Replacement Dover Drive Overlay Account No. Amount 7281- C5100536 $393,649.00 7013- C5100020 98,306.00 7181- C5100537 28,003.56 Total $519,958.56 The original scheduled completion date was October 16, 2000. Due to substantial additions to areas for over excavation, street paving, and corrective work required of the contractor, the completion date was extended to February 13, 2001. All work was completed by the revised completion date. Respectfully submitte , Y PUBLIC WORKS DEPARTMENT Don Webb, Director By: �. wv Y�wJtJ R. Gunther, P.E. Construction Engineer a CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS 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 14th day of June 2000, at which time such bids shall be opened and read for NEWPORT HEIGHTS STREET IMPROVEMENTS PROJECT Title of Project Contract No. 3313 $490,000.00 Engineer's Estimate Approv 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. For further information, call Stephen J. Luy, Project Manager at (949) 644 -3330. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS STREET IMPROVEMENTS PROJECT CONTRACT NO. 3313 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 FAITHFUL PERFORMANCE BOND ................................................ .............................16 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 0 • PAGE 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS STREET IMPROVEMENTS PROJECT CONTRACT NO. 3313 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10% of the total bid price) 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. 9 0 PAGE 2 The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 19,622 /� Contractors License No. & Classification Bidder AutheTSi at re/Title Date PAGE 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS STREET IMPROVEMENTS PROJECT CONTRACT NO. 3313 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF THE TOTAL AMOUNT of THE BID Dollars ($ 109 ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of NEWPORT HEIGHTS STREET IMPROVEMENTS PROJECT, Contract No. 3313 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to duly enter into and execute the Contract Documents for the construction of the project in the form required within ten days (10) (not including Saturday, Sunday, and federal holidays) after the date of the mailing of Notice of Award; otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 6TH day of JUNE 2000, NOBEST INCORPORATED Name of Contractor (Principal) CONTRACTORS BONDING AND INSURANCE COMPANY Name of Surety 23172 PLAZA POINTE DRIVE NO. 185 LAGUNAHILLS, CA 92653 Address of Surety 949- 770 -9733 Telephone LINDA D. COATS, ATTORNEY IN FACT Print Name and (Notary acknowledgment of Principal & Surety must be attached) CALIFORNIA ALL•PURPOM ACKNOWLEDGMENT State of California County of Orange On is -/ q —OO Dale before me, Kay E. Anderson /Notary Public Name am Title of Otlicet (e.g.,'Jane Ooe, Notary Pubic) personally appeared Larry Nodland Nam(s) of CZ 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 acknowledged to me that he /she/they executed the same in his/her /their authorized capacity(ies), and that by KAY E. ANDERSON his /her /their signature(s) on the instrument the person(s), Commision # 1141824 r or the entity upon behalf of which the person(s) acted, CNotary Public - California executed the instrument. J ORANGE County My Comm ExprcesJun 13,2001 WITNESS my hand and official seal. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: g'bJt�:R 5 /3orvj Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual f9 Corporate Officer Title(s): President ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer I., Representing: RIGHT THUMBPRINT OF SIGNER Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER 0 1995 Nafioeal Naary Assooaeon • 8236 Remmet Ave., P.O. Boa 7184 • Car Park, CA 9100&]184 Prot. Na. 5907 Roomer. Call Toll-Free I WM75 -6827 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On JUN 06 ZO DATE personally appeared _ 0 before me, CHRISTOPHER J- COATS, NOTARY PUBLIC NAME, TITLE OF OFFICER E G, "JANE DOE, NOTARY PUBLIC" LINDA D. COATS N., 5907 NAME(S) OF SIGN£R)S, ® 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 CHRISTOPHER J. COATS signature(s) nature person(s), s on the instrument the COMM. # 1103462 g () NOTARY VUBLIC CALIFORNIA or the entity upon behalf of which the Q •'s ORANGE COl1NTy 4 �y„,hyts,2000 person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGN E OF NOTARY L OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITTLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITYOES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE &1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. BOX 7184 • Canoga Park, CA 913097184 N READ CAREFULLY — to he used only with the bond specified herein PAGE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS STREET IMPROVEMENTS PROJECT CONTRACT NO. 3313 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 1. :577 j-p Sn , GAL .3 2. 4. 5. 6. 7. 8. 9. 10. ALI-3t=5r— -41Y S-- Bidder U 134:tFA� N ALtV o7-- e�A W L v-&�1'5r>a PAGE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS STREET IMPROVEMENTS PROJECT CONTRACT NO. 3313 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he /she has performed and successfully completed. 5&,,— Year Project Completed Name /Agency Bidder Person Telephone To Contact Number C �� r4rt<4eF1� 0 NOBESTINCORPORATED REFERENCE LIST 1. CITY OF ANAHEIM[ (MIAINTENANCE DEPT.) Project: Concrete Replacement Contact: Craig Allen Phone: 714- 765 -6935 2. CITY OF COMMERCE Project: Ferguson Dr. Contact: William McConnell Phone: 323 - 722 -4805 3. CITY OF LONG BEACH Project: EasUWest Bus Speed Improvements Contact: Bill Gill Phone: 562 -570 -5170 4. CITY OF HU"NTINTON PARK Project: Concrete Alleys Contact: Pat Fu Phone: 323 -582 -6161 .X'253 5. LOS ANGELES CO. DEPT. OF PUBLIC WORKS Project: Improvement of Grand Oaks CC# 7748 Contact: Ray Green Phone: 626 - 458 -3122 6. COUNTY OF ORANGE Project: Wheelchair Ramps Contact: Al Sanchez Phone: 714 -567 -6255 0 $978,000.00 $464,000.00 $392,000.00 $200,00.00 $121,00.00 $38,000.00 • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS STREET IMPROVEMENTS PROJECT CONTRACT NO. 3313 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of PAGE /t, /��L. /� , being firs duly sworn, deposes and says that he or she is An T of i G/,'L —ST I;L C , 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. declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Bidder Subscribed and sworn to before me this _ day of 2000. Ste= AF7ACwL=� r Notary Public [SEAL] My Commission Expires: CALIFORNIA ALL•PU State of California OWLEDGMENT County of Orange On –1 q – OC) before me, Kay E. Anderson /Notary Public Date Name aM Title of Officer (e.g., 'Jane Doe, Notary Public personally appeared Larry Nodland I3 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 acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by KAY E. ANDERSON his /her /their signature(s) on the instrument the person(s), Commision #t14t824 r or the entity upon behalf of which the person(s) acted, Notary Public - California N executed the instrument. C ORANGE County MyCommExplfesJun 13,2001 WITNESS my hand and official seal, Signature of Notary Public OPPO AL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document f� Title or Type of Document: /fA,16&)C LLUSI T Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Cl Individual N Corporate Officer Title(s): President ❑ Partner — ❑ Limited ❑ General El Cl ❑ Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER NMI Number of Pages: Signer's Name: ❑ Individual C Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 1995 Naaooal Notary AeaeLOtterl • 8236 Remmat Ave.. RO. Box 7184 • Canoga Park, CA 91904718.1 Pmd. No. 5907 Reorder. Call Toll -Free 1 B 896 -6827 0 0 PAGE 7 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS STREET IMPROVEMENTS PROJECT CONTRACT NO. 3313 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 of the 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. E PAGE 8 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS STREET IMPROVEMENTS PROJECT CONTRACT NO. 3313 CONTRACT THIS AGREEMENT, entered into this 28th day of June, 2000, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Nobest, Inc., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: NEWPORT HEIGHTS STREET IMPROVEMENTS PROJECT Project Description 3313 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. 3313, 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. 0 0 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 four hundred forty -nine thousand, nine hundred fifty -five and no /100 Dollars ($449,955.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Stephen J. Luy (949) 644 -3330 F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: Nobest, Inc. P.O. Box 874 Westminster, CA 92684 -0874 (714) 892 -5583 "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 0 PAGE 11 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages i. City, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been 0 0 PAGE 12 Approximately 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. 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. I. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 0 0 PAGE 13 J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: v CITY CLERK APPR V AS TO FORM: CITY ATTORNEY CITY OF NEWPORT BEACH A Municipal Porporation In I IfUll �Sfttelz7 By: J Authorized Sig atu a and Titl D L N k 4a -'f R .> >tN'� CALIFORNIA State of California County of Or ACKNOWLEDGMENT On July 5 2000 before me, Kay E. Anderson /Notary Public Dale Name and Title of Officer (8.9.. 'Jane Coe, No" Public") personally appeared Larry Nodland Name(s)of signer(s) 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 acknowledged to me that he /she/they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), KAY E. ANDERSON or the entity upon behalf of which the person(s) acted, Commision # 1141824 r- executed the instrument. t Notary Public - California N ORANGE County My Comm Expires Jun 13,2001 WITNESS my hand and official seal. \ ( � f sgualum or Notary Puolc OPTIONAL- Though the information below is not required by law, it may prove valuable to persons relying on the doc=ent and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Contract Agreement Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual N Corporate Officer Title(s): President ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGKrTHUMBPRINT OF SIGNER Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGRTTHUMBPRINT OF SIGNER IN 0 1995 Nabonal Noury As%aaaeon • 82M Rommel Ave., P.O. Boa 7184 • Canoga Park. CA 91309-71801 Prof. No. 5907 Reorder. Cal TNI -Free 1-800-8) &882] AUG -07 -00 16:13 FROM-MILESTONE RISK MANAGEMENT AND INSURANCE +7148520909 T -213 P.02/08 F -355 AUUR4 L.GR i ir1%-.f► 0 yr , oa /o7 /z000 PNOOUCER (949)852 -0909 FAX (949)852 -1131 Rilcatone Insurance Brokers P.O. Boa 19S98 Eight Corporate Park, Ste 130 Irvine, CA 92623 -9599 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 Nobest, Inc. P. 0. Box 974 westminstar, CA 92654 INSURER A: Travelers Insurance Company _ INSURER e Cal Comp INSURER INSURER 0 INSURER E I;VV[:wJNit3 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTVATHSTANPING 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 nAvE BEEN REDUCED BY PAID CLAIMS. L TYPE OF INSURANCE POLICY NUMBER DATE YWO 91 W IMMOW LIMITS ShaUna /Fax 9949 -644 -3318 GENERALLUIBIUTY ITS330029479292 08/03/2000 08/03/2001 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Anr ono fn) $ 100,000 X COMMERCUILGENERALUAIILIY Ronald HDefer, CIC CLAIMS MADE QOCCuR MEOEXP(Av,m Pwoon) S Excluded PERSONAL a ADv INJURY $ 1.000.000 A GENERAL AGGREGATE 8 2,000,000 GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS- COMPIOP AGG t 1,000 000 POLICY PPCOT LOC AUTOMOBILE LIABWTY ITPXSS73IS78292 08/03/2000 08/03/2001 COMBINED SINGLE LIMIT ANY AUTO (E °) i 1,000,000 X SODAY INJURY S ALL OWNED AUTOS SCHEDULED AUT05 (PW pwcm7 A HIREO AUTOS BODILY iNJUR* _ NONAwMED AUTOS (Pa Vrc o PROPERTY DAMAGE t (Per eocoem) GARAGE .Ae.LITy AUTO ONLY - EA ACCIDENT t OTHER T"N EA ACC S ANY AUTO AUTO ONLY nCaG y EXCESS LIABILITY QTSX30137128292 o8 /03/2000 08/03/2001 EACH OCCURRENCE i 1,000,000 AGGREGATE f I.00D,000 OCCUR El CLAIMS MADE S A t DEDUCTIBLE S RETENTION S WORKERS COMPENSATION AND CN77337 -A 10/01/1999 10/01/2000 % TORT LWIl4 ER EMPLOYERS' LIABILITY F.I. EACH ACCIDENT S 1,000,000 B EL DISEASE - En EMPLOYEE i 1,OOD, ODO EL DISEASE - POLICY LIMIT $ 1.000,000 OTHER 766043108292 08/03/2000 08/03/2001 Limit $100,000., Special Form, A Contractors Equipment 81,000. Deductible Leased/Rented Equipmen RIPTION OF OPERATIONSILOCATIONWVFM1 L EXCLUSIONS AOOED ENOORSEMEnT19PKAI. PROVISIONS ity of Newport Beach, its officers, officials, employees and volunteers arc named Additional Insureds/ rimary for General Liability and Automobile Liability per the attached CC2010 as respect& Ceneral Lability. Additional Insured /Primary Endorsement far Automobile Liability per attached CA00011293. diver of Subrogation applies for General Liability per attached CC2404. waiver of Subrogation applies to workers Compensation per attached WC 04 03 D6. See Attached Addendum for Continuation. CERTIFICATE HOLDER I I And7VIhNAL91AORED: INSURER LETTER CANOCLLA I RJN AL;UHU 2b-b (IIa7I SHOULD ANY OF THE wBOvE DESCRIBED POLICIES BE CaNCEUEO BEFORE THE City of Newport Beach EXPIRATION DATE THEREOF. ThE ISSUING COMPANYVO LLENOEAVORTO MINI- Attn' Admioistrative Coordinator P.V.D. -TO DAYSwRITTEw NOTICE TO ThE CFAWICATE nOLOER NAMED TO THE LEFT, Attn: ShaUna /Fax 9949 -644 -3318 BUT FAILUf 1E TO MAIL L SUCH NOTICE SHALL IMPOSE NO OBLIGATION 09 LIABI LITY 3000 Newport Blvd. OF ANY NND UPON Tne COMPANY, ITS AGENTS OR REPRESENTATIVES. P.O. Box 1766 AUTHORIZED RE A v Newport Beach, CA 92659 -1768 Ronald HDefer, CIC AL;UHU 2b-b (IIa7I Al1G -07 -00 16:13 FROM-MILESTONE RISK MANAGEMENT AND INSURANCE +7148520909 T -213 P 03/08 f -355 • • IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED. subject to the terms and conditions of the policy, certain polices may require an endorsement. A statement on this cemi irate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does 4 affirmatively or negatively amend, extend or arter the coverage afforded by the policies listed thereon AUG -07 -00 18:13 FROM-MILESTONE RISK MANAGEMENT AND INSURANCE +7148520909 7 -213 P.04 /08 F -355 Nobest, Inc. Addendua, to Liability Certificate 08/07/2000 milestone Insurance Brokers 06/07/2000 Continued From Description of Operations /Locations /Vehicles /Exclusions added by Endorsement /Special Provisions: Loss or Liability of the Named Insured is not limited solely by their negligence. RE: Liability arising out of activities performed by or on behalf of Contractor, Including the lnsured's general supervision of Contractor; products and completed operations of Contractor: premises ownea, occupied or used by Contractor; or auIOMObllei owned, leased, hired or borrowea by Contractor for Contract s3313, Newport Neignts Street Improvements proleCT In Newport Beach, CA 92659- -Ten (10) day notice of cancellation for non - payment of premium or non - reporting of payroll AUG -07 -00 16:13 FROM-MILESTONE RISK MANAGEMENT AND INSURANCE +7148520909 T -213 P.05 /08 F -355 Policy Numbers OTSJ3002998292 • Commcrcial General Liability Travelers Insurance Company 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 Organizations: City of Newport Beach, its officers, officials, employees and volunteers 3000 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92659 -1768 RE: 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 for Contract #3313, Newport Heights Street Improvements project in Newport Beach, CA 92659. (If no entry appears above, information requires to complete this endorsement will be shown in the Declarations as applicable to tnis endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insurea the person or organization shown in the Schedule, out only wits respects to liability arising out of 'your work' for that insured by or for you. PRIMARY WORDING: 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. CG 20 10 11 85 Copyright Insurance Services Office, Inc. 1984 AUG -07 -00 16:14 FROM- MILESTONE RISK MANAGEMENT AND INSURANCE +7148520909 COMMERCIAL AUTO • a. We already cover all "autos" that you own for that coverage or a replaces an "auto" you previously owned that had that cover- age; and b. You tell us wahin 30 days after you ac- quire it that you want us to cover 4 for that coverage C. CERTAIN TRAILERS, MOBILE EQUIPMENT AND TEMPORARY SUBSTITUTE AUTOS If Liability Coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos' for Liability Coverage: 1. - Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. A. COVERAGE -213 P 06/08 F-355 • 2. "Mobile equipment" while being carried or Towed by a covered "auto." 3. Any "auto' you do not own while used wisn the permission of its owner as a temporary substitute for a covered - auto" you own Shat is out of service because of its: a. Breakdown, b. Repair; c. Servicing; d. "LOSS ": or e. Destruction. SECTION 11— LIABILITY COVERAGE We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "pro- perty damage" To which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auTo. We will also pay all sums an "Insured" legally must pay as a "covered pollution cost or expense" To which this insurance applies, caused by an "acci- dent" and resulting from the ownership, main- tenance or use of covered "autos." However, we will only pay for the "covered pollution cast or expense" if There is either "bodily injury" or "property damage" to which this insurance applies that is caused by The same "accident." We have the right and duty to defend any "insured" against a "suit" asking for such dam- ages or a - covered pollution cost or expense." However, we have no duty to defend any "Insured" against a "suit" seeking damages for "bodily injury' or "property damage" or a "covered pollution cost or expense" to which This insurance does not apply We may Investigate and Sallie any claim or "sula" as we consider appropriate Our duty to defend or settle ends when the Liability Coverage Limit of Insurance has been exhausted by payment of judgements or settlements. 1. WHO IS AN INSURED The following are "insureds. b. Anyone else while using with your permis- sion a covered "auto" you own, hire or borrow except. (1) The owner or anyone else from whom you hire or borrow a covered "auto." This exception does not apply if the covered "auto' is a "trailer" con- nected to a covered "auto' you own. (2) Your employee if The covered "auto" is owned by that employee or a mem- ber of his or her household. (3) Someone using a covered "auto" while he or she is working in a busi- ness of selling, servicing, repairing. parking or sioring "autos" unless that business is yours (4) Anyone other than your employees, partners, a lessee or borrower or any of their employees, while moving property to or from a covered -auto." (5) A partner of yours for a covered "auto' owned by him or her or a member of his or her household. C. Anyone liable for the conduct of an -in- sured" described above but only to the extent of that liability. 2. COVERAGE EXTENSIONS a. Supplementary Payments. in addition to the Limit of Insurance, we will pay for the - insured a. You for any covered "auto." (1) All expenses we incur. Page 2 of 11 Copyright. Insurance Services Office, Inc., 1993, 1994 CA 00 01 12 93 AUG -07 -00 IS: 14 FROM- MILESTONE RISK MANAGEMENT AND INSURANCE +7148520909 T -213 P.07 /08 F -355 • • Policy Number QTSJ3002947a292 Commercial General Liability Travelers Insurance Company THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ CAREFULLY. WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART Name of Person or Organization: City of Newport Beach, its officers, 3000 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92659 -1768 Schedule officials, employees and volunteers Re: 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 for Contract #3313, Newport Heights Street Improvements project in Newport Beach, CA 92659. (If no entry appears above, information required to complete this endorsement will be shown in the Declaration as applicable to this endorsement.) We waive the right of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of -your wont" done under a contract with that person or organization. The waiver applies only to the person or organization shown in the Schedule CG 24 04 11 85 Copyright, Insurance Services Office, Inc. 1984 AUG -07 -00 16:14 FROM-MILESTONE RISK MANAGEMENT AND INSURANCE +7148520909 T -213 P.08 /09 F -355 .. i • WORKERS COMPENSATION AND EMPLOYERS LIASILITY INSURANCE WC 252 (4 -84) WC 04 03 06 (ED 4 -84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of me policy unless a different date is indicated below. Me following -attaching cause- nwa to be completed only when to s endorsement is issued subsequent to preparation of the pocky.) This endorsement, effective on S17/2000 (Date) Policy No WCN77337 -A_ Endorsement No. _ at 12:01 AM Standard time, forms a part of Of the Cal Cotno (Name of Insurance Company) issued to City of Newport Beach its offices officials employees and volunteers Premium (if any) $ S% of payroll for job. - (Min Prem. $50) to be determined @ Audit AutnOnZed Representative We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in Ine Schedule (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5% of the California Workers Compensation premium otherwise due on such remuneration. Schedule Person or Organization City of Newport Beach, its officers, officials, employees and volunteers 3000 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92659 -1768 Re: 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 for Contract #3313, Newport Heights Street Improvements project in Newport Beach, CA 92659. AUG -07 -00 16:12 FROM- MILESTONE RISK MANAGEMENT AND INSURANCE +7148520909 T -213 P -01 /08 F -355 Milestone To: Company: Fax Number: From: Re: Comments: Dear Shauna, Milestone Risk Management Insurance Services Fight Corporate Park, Suite 130 Irvine, California 92606 5105 (800) 808 -8458 Fax (949) 852 -1131 (949) 852 -0909 08x07100 3:50 PM Shauna City of Newport Beach 949 -644 -3318 Sara A Ach2iger Certificate of Insurance for Nobest, Inc. 8 Pages Total Attached please find "Revised" Certificate of Insurance for Nobest, Inc. I believe you will find all the "requirements" have now been met, as requested. Please call me ASAP if you need anything else. Sincerely, UDU Sara A Ach2iger Client Fulfillment Coordinator License #01373766 0 0 9 Page PR -1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL NEWPORT HEIGHTS STREET IMPROVEMENTS CONTRACT NO. 3313 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P. O. Box 1768 Newport Beach, California 92663 -8915 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has carefully 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. 3313 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization @ :Ti.X -MOt4"ollars and 6611Gtp Cents Per Lump Sum 2. Lump Sum Traffic Control r., J � @ )NOVSANi Dollars 1, and 7 �llf Cents Per Lump Sum 3. 1,620 L.F. Remove Existing and Construct P.C.C. Curb & 1' Gutter Type "A" @ 72,vgjw i Dollars i and 601hO Cents Per Linear Foot c7 tfA7�Q E� slQl $ 7, ZO ,-- $ — � $ 3R. `fit) 0 Page PR -2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 30 L.F. Remove Existing and Construct P.C.C. Curb & 3' Gutter Type "A" @ % J i Dollars and _ Cents $ $ Per Linear Foot 5. 120 S.F. Remove Existing and Construct P.C.C. Sidewalk @ FZ!50%Z Dollars 1)n Cents $ $ L) P r Square Foot 6. 660 S.F. Remove Existing and Construct P.C.C. Alley Approach @ j It Dollars I and U �.30D 'Z �/ CSC) Cents $ �5. $ 3 Per Square Foot 7. 2,010 S.F. Remove Existing and Construct P.C.C. Driveway Approach @ l t Ltd Dollars and j /C%�> Cents Per Square Foot 8. 4,810 S.F. Construct P.C.C. Cross Gutter @ u/2 Dollars and OA! Cents Per quare Foot 9. 750 S.F. Remove Existing Cross Gutter @ JzJD Dollars 1 00 and ---� � l(DF) Cents $ $ /iSw Per Square Foot 0 0 Page PR -3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 1,440 Tons Remove Existing and Construct 4" Thick Aggregate Base @ F I F7 Dollars and °mil (CC) Cents $ _„_ $ Per Ton 11. 850 Tons Remove Existing and Construct 6" Thick Aggregate Base @ r f J-Z7" Dollars 4z °OIl and U-3 Cents $ �� $ 5� 2 , S—C)G Per Ton 12. 1,505 Tons Remove Existing and Construct 3" Thick Asphalt Pavement @ 1 TL Dollars NO and Cents $ lO • ^ $ 91. gvs' Per Ton 11 14,880 S.F. Remove Existing and Construct 8" Thick P.C.C. Roadway @ Dollars and OC `1b['�o Cents Per Square Foot 14, 250 C.Y. Unclassified Excavation @ l - Dollars J and 11bC) Cents $ :-45D• $ 12, SW ` Per Cubic Yard 15. 45 C.Y. Unclassified Fill @ 7W 57 Dollars and W! C� %dam Cents Per Cubic Yard 0 0 Page PR-4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 5,715 S.Y. Cold Mill Existing Asphalt Pavement @ %dtJO Dollars Cents $ $3� Per Square Yard 17. 27,325 S.Y. Crack Seal @ Dollars /- and 6R Cents $ L 4�0- $ N A 3© Per SquarElYard 18. 1,450 Tons Construct 2" Thick Asphalt Pavement @ Wig ",ollars and *? , C10 Cents $ 37.7 Per Ton 19. 100 Tons Construct Variable Thickness Asphalt Pavement Leveling Course @ A E1 ollars and Zl co! /4C� Cents $ $ 3 2 Per Ton 20. 9 Each Adjust Water Valves to Grade @ C7UA1T7�CaJ Dollars .tj�AiE and 7/0, Cents s Per Each 21. 8 Each Adjust Manholes to Grade ['t t)41;0e4b Dollars and eo Cents q �- Per Each 0 9 Page PR -5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 22. Lump Sum Install Traffic Striping @ "ZWtJEF_ T1)&VSA,6;ollars and �r f'6htDO Cents Per Lump Sum 23. 128 L.F. Install Tree Root Barriers @ FiF;;; �' Dollars and ctohn o Cents Per Lineal Foot 24. 5 C.Y. Place Topsoil Adjacent to Driveways /' @ L/:� J1VJ >2&b Dollars and Cents Per Cubic Yard 25. 1,000 S.F. Place Grass Seed Adjacent to Driveways @ Dollars and L Cents Per Squar Foot /(T, $ I19mac- TOTAL PRICE IN WRITTEN WORDS D t—/ U'& Dai-42-5 IluNaRe7> Fij,;ry MovS llars Co and A �)m Cents Bidder's Bidder's Add r 7�1 /G Bidder's Telephone Number 71(i' eSl Contractor's License No. & C G -Iy_ao Date T $ `f 6-n ooS co Total Price C� 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS NEWPORT HEIGHTS STREET IMPROVEMENTS CONTRACT NO. 3313 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -2.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -7 ADJUSTMENTS TO GRADE 5 -8 SALVAGED MATERIALS 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 1 1 1 1 2 2 2 2 2 2 2 2 2 i1 3 3 3 3 3 3 4 0 0 6 -7.4 Working Hours 4 6 -9 LIQUIDATED DAMAGES 4 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 4 7 -8 PROJECT SITE MAINTENANCE 4 7 -8.5 Temporary Light, Power and Water 4 7 -8.6 Water Pollution Control 5 7 -8.8 Steel Plates 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 5 7 -10.1 Traffic and Access 5 7 -10.3 Street Closures, Detours, Barricades 5 7 -10.4 Public Safety 5 7- 10.4.1 Safety Orders 5 7 -10.5 "No Parking" Signs 5 7 -10.6 Street Sweeping Signs 6 7 -10.7 Notice to Residents 6 7 -15 CONTRACTOR LICENSES 6 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 6 SECTION 9 MEASUREMENT AND PAYMENT 6 9 -3 PAYMENT 6 9 -3.1 General 6 9 -3.2 Partial and Final Payment 9 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 10 300 -1 CLEARING AND GRUBBING 10 300 -1.3 Removal and Disposal of Materials 10 300 -1.3.1 General 10 300 -1.3.2 Requirements 10 300 -1.5 Solid Waste Diversion 10 SECTION 302 ROADWAY SURFACING 10 302 -5 ASPHALT CONCRETE PAVEMENT 10 302 -5.1 General 10 302 -5.4 Tack Coat 10 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 11 302 -6.6 Curing 11 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 11 0 0 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 11 303 -5.1 Requirements 11 303 -5.1.1 General 11 303 -5.5.2 Curb 11 303 -5.5.4 Gutter 11 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATION 11 308 -1 General 11 308 -2 Earthwork and Topsoil Placement 12 308 -2.3 Topsoil Preparation and Conditioning 12 308 -2.3.1 General 12 SECTION 310 PAINTING 13 310 -5 General 13 310 -5.6 Painting Traffic Striping, Pavement Markings, 13 and Curb Markings 310 -5.6.7 Layout, Alignment, and Spotting 13 310 -5.6.8 Application of Paint 13 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 13 312 -1 Placement 13 SECTION 400 ALTERNATIVE ROCK PRODUCTS, ASPHALT 14 CONCRETE, PORTLAND CEMENT CONCRETE, AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 14 400 -2.1 General 14 400 -2.1.1 Requirements 14 0 0 SP 1 OF 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS NEWPORT HEIGHTS STREET IMPROVEMENTS CONTRACT NO. 3313 INTRODUCTION All work necessary for the completion of this contract shall be done in accord with (1) these Special Provisions; (2) the Plans (Drawing No. (Drawing No. R- 5145 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1994 edition), including Supplements; (4) Standard Specifications for Public Works Construction (1997 edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 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 removing existing driveway approaches, alley approaches, asphalt roadway, P.C.C. roadway, curb, curb and gutter, and cross gutter; grinding existing roadway; constructing driveway approaches, driveways, alley approaches, asphalt roadway, P.C.C. roadway, curb, curb and gutter, cross gutters, asphalt patch back, and asphalt overlays, installing asphalt pavement fabric and other incidental items of work." 2 -9 SURVEYING 2 -9.3 Survey Service Add to this section, "The Engineer will provide construction staking as required to construct the improvements. Any additional stakes or any restaking or costs thereof shall be the responsibility of the Contractor. The P SP2OF14 Contractor shall notify the City in writing two working days in advance of the time that the stakes are needed." 2 -9.6 Survey Monuments: The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and protect them during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall have the affected survey monuments restored per records, at his expense. The Contractor's Engineer of Licensed Surveyor shall also file the required Corner Records with the County of Orange upon monument restoration. SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup Replace this Section with, "(a) Work by Contractor. The following percentages shall be added to the 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 Ll SP3OF14 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 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 adjust to finish grade City - owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor shall coordinate the adjustment of Southern California Edison, The Gas Company, Pacific Bell and cable television facilities to the finish grade with the appropriate utility company. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing meter or valve box covers. The Contractor shall salvage all removed cast iron pipes. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 -3402. SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section, " No work shall begin until a schedule of work has been approved and a "Notice to Proceed" has been issued by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to reschedule 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 in additional alleys 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 men and equipment were required on the job. The term "work" as used herein shall include all removals; construction of curb access ramps, driveway approaches, curb, curb and gutter; grinding of pavement; and asphalt overlay. Also included within the specified period is curing time for new P.C.C. improvements." 0 0 SP 4 OF 14 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section, "The Contractor shall complete all work under the Contract within forty -five consecutive working days from the date of the "Notice to Proceed ". It will be the Contractor's responsibility to ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 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 8:00 a.m. to 4:30 p.m. Monday through Friday. Should the Contractor elect to work later than 4:30 p.m. (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 inspection costs of $50.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read, "For each consecutive calendar day after the forty -five consecutive working days specified for completion of the work, the time specified for completion of Work, whichever occurs first, as adjusted in accordance with subsection 6 -6, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $250.00. Revise paragraph two, sentence one, to read, "Execution of the Contract shall constitute agreement by the Agency and Contractor that $250.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time." The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize the time that the park is closed to the public. SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR 7 -8 PROJECT SITE MAINTENANCE 0 0 SP5OF14 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." 7 -8.8 Steel Plates. The City can provide a limited quantity of steel plates. These plates may be obtained for a rental charge of $15 per plate per week or part thereof. In addition the Contractor shall deposit $100 for the use of the City's lifting eye fitting and for the use of trench plates. The Contractor shall obtain plates from and return plates to the City's Utilities Yard at 949 West 16th Street. To determine the number of plates available and to reserve the plates, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (949) 718 -3402. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section, "The Contractor shall provide traffic control and access in accord with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc." 7 -10.3 Street Closures, Detours and Barricades. Add to this section, "The Contractor shall also be responsible for providing a traffic control plan prepared by a California registered Traffic Engineer and obtaining approval of a traffic control plan from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan." 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 Contractors performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 0 0 SP6OF14 7 -10.5 "No Parking" Signs. The Contractor shall furnish, install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING' signs) which he shall post at least 48 hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division at (949) 644 -3717, for verification of posting at least 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. 7 -10.6 Street Sweeping Signs. After posting "NO PARKING - TOW AWAY" signs, the Contractor shall cover street sweeping signs, on those streets adjacent to construction in a manner approved by the Engineer. Immediately after construction is complete and the street is opened to traffic, the Contractor shall uncover the street sweeping signs. 7 -10.7 Notices to Residents. Forty -eight hours before the start of any construction, the Contractor shall distribute to adjacent residents, within 500 feet of the project, a written notice stating when construction operations will start and what disruptions may occur and approximately when construction will be complete. The written notices will be prepared by the Engineer. The Contractor shall insert the applicable dates and times when the notices are distributed. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor renotification using an explanatory letter furnished by the Engineer. 7 -15 CONTRACTOR'S 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. 0 0 SP7OF14 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. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include all preparation and scheduling of materials and equipment necessary to complete the work under this contract. Item No. 2 Traffic Control: Work under this item shall include the delivery of all required notifications and temporary parking permits, posting of signs and all other costs incurred in notifying the residents; preparation of traffic control plans, and providing traffic control measures required by the project including, but not limited to, signs, barricades, flashing arrow sign, K -rail, striping, flag men and all other work necessary to comply with the W.A.T.C.H. Manual, 1996 edition, and City of Newport Beach Requirements. Item No. 3 Remove Existing and Construct P.C.C. Curb and Gutter, Type "A ", With 1 -foot Gutter: Work under this item shall include the removal of existing curb and gutter and the construction of P.C.C. curb and gutter, type "A ", with 1 -foot gutter including A.C. patch back, and all other work necessary to construct the P.C.C. curb and gutter complete and in place. Item No. 4 Remove Existing and Construct P.C.C. Curb and Gutter, Type "A ", With 3 -foot Gutter: Work under this item shall include the removal of existing curb and gutter and the construction of P.C.C. curb and gutter, type "A ", with 3 -foot gutter including A.C. patch back, and all other work necessary to construct the P.C.C. curb and gutter complete and in place. Item No. 5 Remove Existing and Construct P.C.C. Curb, Type "B ": Work under this item shall include the removal of existing curb and the construction of P.C.C. curb, type "B" including A.C. patch back, and all other work necessary to construct the P.C.C. curb complete and in place. 0 SP8OF14 Item No. 6 Remove Existing and Construct P.C.C. Sidewalk: Work under this item shall include the removal of existing sidewalk and the construction of 4 -inch thick P.C.C. sidewalk and all other work necessary to construct the P.C.C. sidewalk complete and in place. Item No. 7 Remove Existing and Construct P.C.C. Alley Approach: Work under this item shall include the removal of existing alley approach and the construction of 6 -inch thick P.C.C. alley approach and base including A.C. patch back, and all other work necessary to construct the P.C.C. alley approach complete and in place. Item No. 8 Remove Existing and Construct P.C.C. Driveway Approach: Work under this item shall include the removal of existing driveway approach and driveway and the construction of 6 -inch thick P.C.C. driveway approach and driveway including A.C. patch back, and all other work necessary to construct the P.C.C. driveway approach and driveway complete and in place. Item No. 9 Construct P.C.C. Cross Gutter on 4 -Inch C.A.B.: Work under this item shall include the construction of 8 -inch thick P.C.C. cross gutter on 4 -inch thick C.A.B. including A.C. patch back and type "B" curb, and all other work necessary to construct the P.C.C. cross gutter on 4 -inch C.A.B. complete and in place. Item No. 10 Remove Existing Cross Gutter: Work under this item shall include the removal of existing cross gutter and all other work necessary to remove the existing cross gutter complete and in place. Item No. 11 Remove Existing and Construct 4 -Inch Thick Aggregate Base: Work under this item shall include the removal of existing material and the construction of 4- inch thick aggregate base and all other work necessary to construct the 4 -inch thick aggregate base complete and in place. Item No. 12 Remove Existing and Construct 6 -Inch Thick Aggregate Base: Work under this item shall include the removal of existing material and the construction of 6- inch thick aggregate base and all other work necessary to construct the 6 -inch thick aggregate base complete and in place. Item No. 13 Remove Existing and Construct 3 -Inch Thick Asphalt Pavement: Work under this item shall include the removal of existing material and the construction of 3 -inch thick asphalt pavement and all other work necessary to construct the 3 -inch thick asphalt pavement complete and in place. Item No. 14 Remove Existing and Construct 8 -Inch Thick P.C.C. Roadway: Work under this item shall include the removal of existing material and the construction of 8- inch thick P.C.C. roadway, including any fill and doweling into adjacent curb or roadway including A.C. patch back, and all other work necessary to construct the 8- inch thick P.C.C. roadway complete and in place. 0 0 SP9OF14 Item No. 15 Unclassified Excavation: Work under this item shall include the removal and proper disposal of surplus material below the roadway and all other work necessary to remove and dispose of surplus material complete and in place. Item No. 16 Unclassified Fill: Work under this item shall include placement and compaction of unclassified fill for use as sub -base material below the new roadway and all other work necessary to place fill material complete and in place. Item No.17 Cold Mill Existing Asphalt Pavement: Work under this item shall include the cold milling of the existing asphalt roadway, as shown on the drawings, to a depth below existing finished grade as shown on the drawings and all other work necessary to cold mill the existing asphalt roadway in the project limits complete and in place. Item No. 18 Crack Seal: Work under this item shall include routing out the crack, applying a soil sterileant, crack sealing of the existing asphalt roadway to be resurfaced and the application of an asphaltic tack coat to the roadway and all other work necessary to crack seal the existing asphalt roadway and apply asphaltic tack coat complete and in place. Item No. 19 Construct 2 -Inch Thick Asphalt Pavement: Work under this item shall include the construction of 2 -inch thick asphalt pavement overlay and all other work necessary to construct 2 -inch thick asphalt pavement complete and in place. Item No. 20 Construct Variable Thickness Asphalt Pavement: Work under this item shall include the construction of variable thickness asphalt pavement over the existing roadway and all other work necessary to construct variable thickness asphalt pavement complete and in place. Item No. 21 Adjust all Water Valves to Grade: Work under this item shall include the adjustment of all water valves to grade in the project limits, complete and in place. Item No. 22 Adjust Manholes to Grade: Work under this item shall include the adjustment of manholes to grade in the project limits, complete and in place. Item No. 23 Traffic Striping: Work under this item shall include traffic striping, pavement markers, and all work necessary to install traffic striping complete and in place. Item No. 24 Install Tree Root Barriers: Work under this item shall include the removal of existing interfering tree roots, associated miscellaneous clearing and grubbing, installation of tree root barriers and all other work necessary to install tree root barriers complete and in place. E 0 SP 10 OF 14 Item No. 25 Place Topsoil Adjacent to Driveways: Work under this item shall include the removal of existing interfering vegetation and the placement of an approved topsoil suitable for planting grass and all other work necessary to place topsoil adjacent to driveways complete and in place. Item No. 26 Place Grass Seed Adjacent to Driveways: Work under this item shall include the preparation of the topsoil and the placement of an approved grass seed similar to existing adjacent grass, where applicable, and all other work necessary to place grass seed adjacent to new driveways complete and in place. 9 -3.2 Partial and Final Payment: Add to this section, "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General. Add to this section, `The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stoppers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each work day." 300 -1.3.2 Requirements. ( c ) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with, "Saw cuts shall be neatly made to a minimum of two inches." And replace the words "11/2 inch" of the last sentence with the words "two inches ". 9 0 SP 11 OF 14 300 -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 III- C3 -AR- 4000." 302 -5.4 Tack Coat. Add to this section, 'Prior to placing the asphalt concrete overlay, a tack coat of Type SS -1h asphaltic emulsion at a rate not to exceed one — tenth 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." 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 302 -6.6 Curing. Add to this section, 'The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201 -1.1 -2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6 -7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements. 303 -5.1.1 General. Add to this section, "Sidewalk 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. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 2,000 psi." 303 -5.5.2 Curb. Add to this section, 'The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the SP 12 OF 14 curb. The Contractor shall mark the curb with a chiseled "S" for sewer lateral and a chiseled N -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (949) 718- 3402." 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." SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. Add to this section, "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall arrange for this work with the City's Urban Forester, Mr. John Conway at (949) 644 -3083 a minimum of five work days prior to beginning work. Method of pruning and removing tree roots shall be determined, approved, and inspected by the City's Urban Forester as follows: 1. Root Prunino a. The City's Urban Forester shall review and approve all proposed pruning prior to the start of the work. He may inspect any and all work sites as necessary. b. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. c. Roots shall be cleanly severed using a root pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root - cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk of root flare is less than 2 feet from the sidewalk and /or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and /or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump grinding machine instead of a root - pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. SP 13 OF 14 d. Roots greater than two inches in diameter that must be removed, must be pre- approved by the City's Urban Forester. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. 4. Root Barriers a. Root barriers shall be installed adjacent to the new PCC curb in those areas where disruptive tree roots have been observe as designated by the Engineer. The tree root barrier shall be a linear barrier as supplied by Deep Root Inc., model # LB 18 -2. b. The City's Urban Forester will determine the location and length of the root barrier to be installed. 308 -2 EARTHWORK AND TOPSOIL PLACEMENT 308 -2.3 Topsoil Preparation and Conditioning. 308 -2.3.1 General. Add to this section, "The Contractor shall remove weeds and other extraneous materials to a depth of 12 inches below finish grade before topsoil work." SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings. 310 -5.6.7 Layout, Alignment, and Spotting. Add to this section, "The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than '/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 310 -5.6.8 Application of Paint. Add to this section, "Painted traffic striping and markings shall be applied in two coats. The first coat of paint shall be dry before the second coat is applied. At least one application of paint shall be applied to all striping and markings within 24 hours after the finish course has been placed. Paint for traffic striping and pavement markings shall be white Formula Number 2572 - A9 and yellow Formula Number 2573 -A9 as manufactured by J.E. Bauer Company. If SP 14 OF 14 the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re- install "NO PARKING, TOW- AWAY" signs and re- notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes /covers /damages any existing striping and /or raised pavement markers outside of the work area, he shall re- stripe /replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." SECTION 312 - -- PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT. Add to this section, `The location and type of reflective fire hydrant pavement markers shall conform to City of Newport Beach STD - 902 -L. The Contractor shall clean and protect (except as indicated per striping plans) or replace within 24 hours all reflective and non - reflective pavement markers covered, damaged, or removed as a result his operations." PART 4 SECTION 400 - -- ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General: 400 -2.1.1 Requirements: Add to this section, 'The Contractor shall use crushed aggregate base as base materials." June 27, 2000 CITY COUNCIL AGENDA APPROVED ITEM NO. 15 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: NEWPORT HEIGHTS STREET IMPROVEMENTS - AWARD OF CONTRACT NO. 3313 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3313 to Nobest Incorporated of Westminster, California for the Total Bid Price of $449,955.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $45,000.00 to cover the cost of testing and unforeseen work. DISCUSSION: At 11:00 AM on June 14, 2000, the City Clerk opened and read the following bids for this project: BIDDER Low NOBEST Incorporated 2 Griffith Company 3 All American Asphalt 4 R.J. Noble Company * Corrected Bid Amount is $449,955.00 TOTAL BID AMOUNT *$450,005.00 $535,715.00 $543,328.00 $556,125.90 The low total bid amount is 8 percent below the Engineer's Estimate of $490,000.00. Nobest Incorporated has satisfactorily completed similar projects for the City. A check with the State Contractor's License Board indicates that Nobest Incorporated has no pending actions detrimental to their contractor's license. The project provides for rehabilitation of existing asphalt concrete pavement by constructing an asphalt concrete overlay, and in some areas, complete removal and replacement of the roadway. In addition, curb and gutter, driveway approaches, and concrete street replacement will be constructed. Subject: Newport Heights Street Improvements — Award of Contract No. 3313 June 27, 2000 Page: 2 Streets are located in the Newport Heights area and include: • Santa Ana Avenue • Catalina Drive • Holmwood Drive • Beacon Street There are sufficient funds available in the following accounts for the work: Account Description OCCTFP Measure M Turnback Sidewalk, Curb & Gutter Replacement Account Number 7281- C5100536 7181- C5100536 Total Respe ttully M PUBLIC WORKS DEPARTMENT Don Webb. Director By: Y"41 -'/ Stephe J. Luy, P.E. Associate Civil Engineer Attachment: Project Location Map Bid Summary F:\ Users \PBw\Shared \COUNCIL \Fy99- 00Uune- 27\Newport Heights C- 3313.doc Amount $396,649.00 $ 98,306.00 $494,955.00 r n CITY OF EWPORT BO Newport Heights Street Improvements APPROVED DRAWING NO. it C C -3313 DATE EXHIBIT A T O J � o U 6 4 F .. 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N Q �O q O O O O vl h O v1 vl 0 0 0 0 0 0 `O O O O O O O O O r O O O O N r h N N O O O vl O O `O Q O O O O O O O N F Q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 h 0 0 0 0 0 0 0 0 0 0 0 0 0 0 h 0 0 0 0 0 0 0 0 0 0 Q O O O O b O Q N blc� n h W vl O O Q N O r O N O O W N r O O+ h O O O Ili N O O W O O b vl O Q O h r O O O F¢- V a F � Q i F y W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 y vl O O O O h O O O O vl O h O O h Q; 0 0 0 0 0 0 0 0 b O ^ W U F z 2 r h O z W m w d V a` r • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 August 14, 2000 R.J. Noble Company 15505 E. Lincoln Avenue Orange, CA 92856 Gentlemen: Thank you for your courtesy in submitting a bid for the Newport Heights Street Improvements Project (Contract No. 3313) 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 August 14, 2000 All American Asphalt P.O. Box 2229 Corona, CA 92878 -2229 Gentlemen: Thank you for your courtesy in submitting a bid for the Newport Heights Street Improvements Project (Contract No. 3313) 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 • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 August 14, 2000 Griffith Company 2020 South Yale Street Santa Ana, CA 92704 Gentlemen: Thank you for your courtesy in submitting a bid for the Newport Heights Street Improvements Project (Contract No. 3313) 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