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C-3322 - Balboa Boulevard Rehabilitation from Medina Way to 160' West of Adams Street
CtY OF NEWI'ORAEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 November 13, 2002 All American Asphalt P. O. Box 2229 Corona, CA 92878 -2229 Subject: Balboa Boulevard Rehabilitation from Medina Way to Adams Street (C-3322) To Whom It May Concern: On November 13, 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 January 9, 2002. The Surety for the contract is Safeco Insurance Company of America, and the bond number is 606 - 96-47. Enclosed is the Faithful Performance Bond. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk cc: Public Works Department R. Gunther, P.E., Construction Engineer enclosure 3300 Newport Boulevard, Newport Beach 0 0 PAGE 16 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD REHABILITATION FROM MEDINA WAY TO ADAMS STREET CONTRACT NO, 3322 BOND NO. 606 96 47 - EXECUTED IN FOUR (4) PARTS EUMFUL EEBEQRMANCI BOND The mium charges on this Bond Is S 5,382-00 being at the a of $ 5.00 thousand of the Contract price. WHE S, the City Council of the City of Newport Beach, State of California, by motion adopted, awe ac to All American Asphalt, hereinafter designated as the "Principal", a contract for oonstruz of BALBOA BOULEVARD REHABILITATION FROM MEDINA WAY TO ADAMS STREET, Cc of No. 3322 In the City of Newport Beach, In strict conformity with the plans, drawings, s floations, and other Contract Documents maintained in the Public Works Department the City of Newport Beach, all of which are incorporated heroin by this reference. ith S, Principal has executed Or Is about to execute Contract No, 3322 and the terms uire the furnishing of a Bond for the faithful performance of the Contract; , EREFORE, we, the Principal, and SAFECO INSURANCE COMPANY OF AMERICA duly authorized to transact business under the taws of the State of Cal fouroty (hereinafter 'Surety"), are held and firmly bound unto the City of Newport Beach sum of one million, seventy -slx thousand, throe hundred ninety-five and 5ollara ($1,076,395.60), lawful money of the United States of America, said sum being 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach re, and assigns; for which payment well and truly to be made, we bind ourselr heirs, executors and administrators, successors, or assigns, )ointty and severally, firmly present. THE C NDITION OF THIS OBLIGATION IS SUCH, that If the Principal, or the Principal's helps, executo , administrators, successors, or assigns, fall to abide by, and well and truly keep and perform ny or all the work, covenants, conditions, and agreements In the Contract Documents a any aiteratlon thereof made as therein provided on Its part, to be kept and performed at s time and In the manner therein specified, and In all respects according to Its true Intent and ning, or falls to indemnify, defend, and save harmless the City of Newport Beach, Its officers, ployees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an a nt not exceeding the sum specified in this Bond; otherwise this obligation shall become null a d void. 0 9 PAGE 17 An a p irt of the obligation secured hereby, end In addition to the face amount specified In this Perfonna we Bond, there shall be Included costs and reasonable expenses and fees, Including mawnable attomays fees, Incurred by the City, only in the event the City Is required to bring an 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 i ddIflons to the terms of the Contract or to the work to be performed thereunder or to the a e aocompanyktg the same slwdl In any way affsat Its obligations on this Bond, and k d5hrby Nralva notice o f any such change, extension of time, akeretlona or additlona of the Conhe work or to the specIllcadons. This force and of In the death of any r IN WI Surety above SAFECO INSURAI Name of Sun 2677 NO. MAIN SANTA ANA, CA SURETY: AGENT: NOTARY 1/w hful Parlornance Bond shall be extended and malnialned by the Principal In full for one year following the data of fomtal acceptance of the Project by the City, it that the Principal executed this bond as an Individual, it Is agreed that the Principal shell not exonerate the Surety from Its obligations under this Bond. WHEREOF, this Instrument has been duy executed by the Prindpal and on the 13th day of DECEMBER . M. COMPANY OF AMERICA T, #600 92705 OWEN M. BROWN, ATPORNEY -IN -FACT AV Print Name and Title 112 OF CONTRACTOR AND SURETY MUST BE ATTACHED 040ftW 4 bad-0Ct street b WWM W34 11t1ct.d= • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State Of CALIFORNIA County of ORANGE On 12 -13 -00 DATE before me, BARB'M J. BEER' NOTARY PUBLIC NAME. TITLE OF OFFICER • E.O..'JANE DOE. NOTARY FVELIC- No rrol personally appeared OWEN M- BROW NAME(SI OF aIONEMa) ® personally known to me - to be the persor*) whose name(6) iSAM subscribed to the within instrument and ac- knowledged to me that heiObadOW executed the same in hisjKco lac authorized capacitytk a), and that by hls/)WVAXM signature(8) on the instrument the personN), or the entity upon behalf of which the person(I) acted, executed the instrument. e�NDtR 1267491 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 TMAIS) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL x0 ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NA SOF►9R90HISIORiNmY9EQ SAFECO INSURANCE COMPANY OF AMERICA DESCRIPTION OF ATTACHED DOCUMENT PERFORMANCE BOND NO. 606 96 47 TITLE OR TYPE OF DOCUMENT TWO (2) 12 -13 -00 NUMBER OF PAGES DATE OF DOCUMENT ALL AMERICAN ASPHALT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Rwdnt Ave., P.O. Box 7184 • Canoga Park, CA 91309.7164 - + Commission ;f - Notary Public - Caiitomia t ry ■{j Orange County My Co, nm. Expires Jul 13.2D04 e�NDtR 1267491 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 TMAIS) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL x0 ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NA SOF►9R90HISIORiNmY9EQ SAFECO INSURANCE COMPANY OF AMERICA DESCRIPTION OF ATTACHED DOCUMENT PERFORMANCE BOND NO. 606 96 47 TITLE OR TYPE OF DOCUMENT TWO (2) 12 -13 -00 NUMBER OF PAGES DATE OF DOCUMENT ALL AMERICAN ASPHALT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Rwdnt Ave., P.O. Box 7184 • Canoga Park, CA 91309.7164 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California 1 Riverside } ss. County of j On 12 -18 -00 ,before me, Debbie A. Matsen, Notary Public Date Name and Title of Officer {e g.'Jane Doe. Notary Public-) personally appeared Robert Bradle Name( al Sgnerl DEBBIE A. MAMN Commission # 1221914 Notary Public- California Riverside County MyComm. Expires Jun 1a 2D03 Place Notary Seal Above XX_ personally known to me P�depRc— to be the personal whose narri islfafe- subscribed to the within instrument and acknowledged to me that he /she*ey executed the same in his /✓aec/4heif authorized capacity(ie*, and that by his/heFAhe1F- signatureW on the instrument the personal, or the entity upon behalf of which the personal acted, executed the instrument. WITNESS my hand and official seal. '22l -ZL4 Q _ '7 ii�r t�7�Lt Synature of Nattily Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Faithful Performance Bond, City of Newport Beach, Contract No. 3322 Document Date: 12 -13-00 Number of Pages: Pagg 17 Signer�XrOther Than Named Above: Owen M. Brown Capacity(iesr) Claimed by Signer Signer's Name: Robert Bradley Individual Top of thumb here Corporate Officer— Title(s): Vice President ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Cl Other: 4 Signer Is Representing: All American Asphalt _ _ 3 O 1999 alaaorel Notary Asa fiat • 9150 W Smc Ave., PC. Boa 2,102 • ChamlwN, CA 913112 8 • ewe,nalwna1n=q or,, Pne.!!o. S90T P.awBw: CAI T94Frae 1d 876 7 POWER COI ANVOFAMERICA S A F E C O- HOINSURANCECOM OF AMERICA OF ATTORNEY ME OFFICE. INSURANCE COMPANY SEATTLE, WASHINGTON 98185 No. 9184 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint rsrrrrrrrrro•♦rrr »rrra +rrrr rrurr nnuruorrrrrrrrrrrrOWEN M. BROWN; Anaheun, California rrrarsrr+rrnrrrrsrrrarr rr+r rrarrrrsarrranrrrrrrrrrrrrrnrarr its true and lawful attorney(s) -in -fad, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 28th R.A. PIERSON, SECRETARY CERTIFICATE day of April yj�� /4 1999 W. RANDALL STODDARD, PRESIDENT Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys -in -fad or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking" Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the powerof- attomey appointment, executed pursuant thereto, and (iii) Certifying that said powerof- attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are We and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set nN hand and affixed the facsimile seal of said corporation SEAL this 13th day of DECEMBER 2000 R.A. PIERSON, SECRETARY 50974 /SAEF 7/99 ® Registered trademark of SAFECO Corporation. 4129199 PDF January 9, 2002 C14 ! OF NEWPORT013EACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 All American Asphalt P. O. Box 2229 Corona, CA 92878 -2229 Subject: Balboa Boulevard Rehabilitation From Medina Way to Adams Street (C -3322) To Whom It May Concern: On November 13, 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 December 5, 2001, Reference No. 20010882315. The Surety for the contract is Safeco Insurance Company of America, and the bond number is 606- 96 -47. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk LH:cf cc: Public Works Department R. Gunther, Construction Engineer encl. 3300 Newport Boulevard, Newport Beach RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in OfficRecords. County of Orange Gary Granville, Clerk- Recorder lllllllllll11111INI11111111111111111111111111111111111NO FEE 20010882315 08:01am 12105101 105 122 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 'Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and All American Asphalt, Inc. of Corona, California, as Contractor, entered into a Contract on December 12, 2000. Said Contract set forth certain improvements, as follows: Balboa Boulevard Rehabilitation from Medina Way to Adams Street, C -3322 Work on said Contract was completed on October 19, 2001, and was found to be acceptable on November 13, 2001, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Safeco Insurance Company of America. s_ >e ' -��� ublic Works Director City of- Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Execu(t d on k ) (D J e vv� eS `' � � Y �_ -` City Clerk at Newport Beacg!�alifornia. - C71 v � T - ,D 00 �r IJ I ON _x .y M C i f1 f� 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 November 15, 2001 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for Balboa Boulevard Rehabilitation from Medina Way to Adams Street (C -3322) Please record the enclosed document and return it to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk Attachments 3300 Newport Boulevard, Newport Beach 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 'Exempt from recording fees pursuant to Government Code 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 All American Asphalt, Inc. of Corona, California, as Contractor, entered into a Contract on December 12, 2000. Said Contract set forth certain improvements, as follows: Balboa Boulevard Rehabilitation from Medina Way to Adams Street, C -3322 Work on said Contract was completed on October 19, 2001, and was found to be acceptable on November 13, 2001, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Safeco Insurance Company of America. ublir ks Director �-�y �ewport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Execut don I \��J� l i�� at Newport Beach, California. �\ }e� 0 00R City Clerk � � C 333aa November 13, 2001 CITY COUNCIL AGENDA ITEM NO. 7 TO: Mayor and Members of the City Council FROM: Public Works Department APPROVED SUBJECT: BALBOA BOULEVARD REHABILITATION FROM MEDINA WAY TO ADAMS STREET, CONTRACT NO 3322 — COMPLETION AND ACCEPTANCE RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On December 12, 2000, the City Council authorized the award of the Balboa Boulevard Rehabilitation from Medina Way to Adams Street contract to All American Asphalt, Inc., of Corona, California. The contract included the construction of storm drains, curb inlets, water main and sewer main, and the repaving of approximately 57,000 square feet of roadway with rubberized asphalt. The construction also included the replacement of deteriorated and sub - standard sidewalk and curb access ramps. 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: $1,076,395.50 Actual amount of bid items constructed: 1,036,459.60 Total amount of change orders: 107,565.50 Final contract cost: $1,144,025.10 The decrease in the amount of actual bid items constructed under the original bid amount resulted from the substitution of a glass -grid interlayer to replace the asphalt hot -mix interlayer and crack seal. The final overall construction cost including change orders was 9.99 percent over the original bid amount. SUBJECT: Balboa Boulevard Rehaotion from Median Way to Adams Street, Contract 0322 - Completion And Acceptance November 13, 2001 Page 2 A total of five change orders were issued to complete the project. They were as follows: 1. $46,950.00 provided for the construction of a parallel sewer in order to reconnect existing laterals on one side of Coronado Street. 2. $28,413.00 provided for the concrete paving of one -half of Coronado Street where the storm drain and sewer had been constructed. 3. $20,938.50 provided for the installation of 38,775 square feet of glass -grid interlayer beneath the asphalt surface. 4. $8,381.43 provided for additional water main installation work. 5. $2,882.57 provided for revisions to two street lighting poles and conduit in the island on Balboa Boulevard. Funds for the project were expended in the following accounts: Description Account No. Amount Gas Tax 7181- C5100399 $ 588,266.60 Water Distribution and Piping 7501- C5500386 290,475.00 Storm Drain Improvement 7012- C5100008 189,920.50 Sewer Main Inprovements 7531- C5600292 60,448.00 Sewer Pump Station Improvements 7532- C5600100 2,829.00 Sewer Manhole Lining 7533- C5600101 12,086.00 Total $1,144,025.10 The original scheduled completion date was May 8, 2001. Due to weather delays and underground utility conflicts, the work was extended to June 19, 2001. The work was substantially completed on that date. Minor miscellaneous punch list items were completed and final quantity measurements were agreed upon on October 19, 2001. Respectfully submitted,, PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director By: r, 4"c l R. Gunther, P.E. Construction Engineer ' y • • 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 28th day of November 2000, at which time such bids shall be opened and read for BALBOA BOULEVARD REHABILITATION FROM MEDINA WAY TO ADAMS STREET Title of Project Contract No. 3322 $956,000.00 Engineer's Estimate ro d on Webb Public Works Director Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. O. Box 1768, Newport Beach, CA 92658 -8915. Required Contractor License Classification(s) required for this project: "A" For further information, call Stephen Luv, Project Manager at (949) 644 -3330. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD REHABILITATION FROM MEDINA WAY TO ADAMS STREET CONTRACT NO. 3322 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................1 BIDDER'S BOND ............................................................................... ..............................3 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................4 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................5 NON - COLLUSION AFFIDAVIT .......................................................... ..............................6 NOTICE TO SUCCESSFUL BIDDER ............................................... ..............................7 CONTRACT...................................................................................... ..............................8 LABOR AND MATERIALS BOND .................................................... .............................14 FAITHFUL PERFORMANCE BOND ................................................ .............................16 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 0 0 PAGE 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD REHABILITATION FROM MEDINA WAY TO ADAMS STREET CONTRACT NO. 3322 INSTRUCTIONS TO BIDDERS 1. 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. ll 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. NThe signature below represents that the above has been reviewed. # a LO-7 v -2 a I A C-I 19-- Contractor's License No. & Classification ALL AMERICAN ASPHALT Bidder VICE PRESIDENT Authorized Signature/Title ri 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT r f State of California County of RIVERSIDE I ss. 0 On lLEo' , before me, DEBBIE A. MATSEN, NOTARY PUBLIC Date Name and Title of Officer (e.g.. "Jane Doe. Notary Public) personally appeared ROBERT BRADLEY Name(/ of Signer �n r Place Notary Seal Above � personally known to me !9 Pcolised to MA QA the hasis Q��FY suidence to be the person() whose name() is /afe subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his /herFH+eir authorized capacityoes}, and that by his /heFAheir signatureW on the instrument the person{), or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public ic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Q26-n ie4- Document Date: 6)—ol��Q Number of Pages: Signer(s) Other Than Named Above: CapacityCteo Signer's Name: G Individual XX Corporate O Partner —. Attorney in Trustee Guardian or O Other: Claimed by Signer ROBERT BRADLEY Top of thumb here fficer— Title(s): VICE PRESIDENT Limited ::] General Fact Conservator Signer Is Representing: ALL AMERICAN ASPHALT � I Q 1997 National Notary Association • 9350 De Soto Ave.. PO Box 2402 • Chatsworth. CA 91313 -2402 Prod. No. 5907 Reorder Call Toll -Free 1- 800 -876 -6827 BOND NO. 562 73 59 We, the and administra' Newport Beach of Newport Bt BALBOA B01 Contract No. : Newport Bead duly enter Into form required 1 the date of the If the It is agreed obligations u ALL AMERICAN Name of Con SAFECO INSUR Name of Sun 2677 NO. MAI SANTA ANA, C Address of St SURETY: 714 - AGENT: 714 - Tllei hone 0 0 PAGE 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT N0.3 22 BIDDER'S BOND undersigned Principal and Surety, our successors and assigns, executors, heirs ors, agree to be jointly and severally held and firmly bound to the City of a charter city, in the principal sum of TEN PERCENT OF THE TOTAL - -- Dollars ($ 10% of Totai Bib, to be paid and forfeited to the City ich K the bid proposal of the undersigned Principal for the construction of LEVARD REHABILITATION FROM MEDINA WAY TO ADAMS STREET, 322 in the City of Newport Beach, Is accepted by the City Council of the City of and the proposed contract is awarded to the Principal, and the Principal fails to and execute the Contract Documents for the construction of the project in the ithin ten days (10) (not including Saturday, Sunday, and federal holidays) after nailing of Notice of Award; otherwise this obligation shall become null and void. ;rsigned Principal executing this Bond is executing this Bond as an individual, the death of any such Principal shall not exonerate the Surety from its this Bond. our hands this 1st day of NOVEMBER 2000, COMPANY OF AMERICA ST, #600 92705 112 de:fr _��� Yi&e PrPStdatLi Authorized Slgnaturerrdle rized Agent Signature OWEN M. BROWN, ATTORNEY -IN -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) BID DATE: NOVEMBER 28, 2000 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State Of CALIFORNIA County of ORANGE No 5907 On 11 -1 -00 before me, BARBARA J. BENDER, NOTARY PUBLIC DATE NAME. TITLE OF OFFICER • E.O..'JANE DOE. NOTARY PUBLIC personally appeared OWEN M. BROWN NAME(S) OF SIGNER(S) ' ® personally known to me - to be the persoro) whose name(t1t) isAM subscribed to the within instrument and ac- knowledged to me that heA)hskko&V executed the same in his %Gaea=M authorized capacitys), and that by his /XVVd[S signature(g) on the instrument the personN), or the entity upon behalf of which the person(t) acted, executed the instrument. BARBARA J. BENDER VVITN SS y hand o C' I seal. -� N=6"ommlaion # 1267491 Publlc - CaEfomfa _ )/ Orange County MY Comm. Expires Jul 13, 2004 _- ^v- -y�nw+ SIO EOF NOTARY iniaianiaaiiii 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) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF MISION(S) OR ENT11Y(IES) SAFECO INSURANCE COMPANY OF AMERICA DESCRIPTION OF ATTACHED DOCUMENT Mom TITLE OR TYPE OF DOCUMENT 11 -1 -00 NUMBER OF PAGES ONE (1) DATE OF DOCUMENT ALL AMERICAN ASPHALT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmot Avo., P.O. Box 7154 • Canqu Park, CA 913094184 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of RIVERSIDE I ss. F On 'DO , before me, DEBBIE A. MATSEN, NOTARY PUBLIC Date Name and Tille of 09'oer (e g ,'Jane Doe, Notary Public ") personally appeared ROBERT BRADLEY Place Notary Seal Above personally known to me euideac® to be the perso(s) whose name( is /ere subscribed to the within instrument and acknowledged to me that he /sho/they executed the same in his /herttheir authorized capacity(ieo,, and that by his /heFlitheir signatureja� on the instrument the person(), or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attache Title or Type of Document: Document Date: �e-i Number of Pages: 02 Signer( Other Than Named Above: 4: A)eu'1 111 L�l`7�1.1 7 Capacity4oc4 Claimed by Signer Signer's Name. ROBERT BRADLEY Ci Individual Top of tnumb here Corporate Officer — Title(s): VICE PRESIDENT Partner — C Limited ❑ General -i Attorney in Fact Trustee Ci Guardian or Conservator `i Other. Signer Is Representing: ALL AMERICAN ASPHALT © 1997 Nabonal Notary Assoaeoon • 9350 De Solo Ave.. PO Box 2402 • Cbatewortb. CA 91313 -2402 Prod. No 5907 Reorder: Call Toll -Free 1- 800 -876 -6627 �S A F E C O° ATO ORNEY OF KNOW ALL BY THESE PRESENTS: S INSURANCE COMPANY OF AMERICA G L INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 No. 9164 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint xxx»»»»+ ww»+++++** tataarrrrrrrraar ssrrxxxxx »x + » + » + + + + + +w +OWEN M. BROWN; Anaheim, Cali% mi2+++++++*+*+++ aarr* as aaaarrrwsss xxx sss»»xxxxxxxx * + * +» + * + + + + +x * *a its true and lawful attorney(s) -in -fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 28th R.A. PIERSON, SECRETARY CERTIFICATE day of April `94 &4w ff 1999 / / /,�,�/ �/ /� W. RANDALL STODDARD, PRESIDENT Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: " Artice V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking" Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the powerof- attomey appointment, executed pursuant thereto, and (iii) Certifying that said powerof- attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Pomr of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation SEAL S- 0974 /SAEF 7/98 this h SEAL X day of NOVENMER , 2000 R.A. PIERSON, SECRETARY ® Registered trademark of SAFECO Corporation. 4128199 PDF 0 0 PAGE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD REHABILITATION FROM MEDINA WAY TO ADAMS STREET CONTRACT NO. 3322 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 C.EUkc.11 iGD i a AC Subcontractor Address �Pb cth . UC G L,oBA V 2. A'YZIPIWb T IVt9lCk A.R -Al- 3. 4. C,��� 1 CA L 5. Pan- rta.i of 5f4'tMDW L) WA' 6. 7. 8. 9. 10. N6 . 'Ap S'p INS T. 0 -t ALL AMERICAN ASPHALT .���� PRESIDENT Bidder Authorized Signature/Title 0 0 PAGE 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD REHABILITATION FROM MEDINA WAY TO ADAMS STREET CONTRACT NO. 3322 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he /she has performed and successfully completed. Year Project Completed Name /Agency 10 Person Telephone To Contact Number &Y)vle v 9-ty-,-4e-f! G-Y Al 11 gi LggQ Q 1' - FrQVrs f22(+a i'LL Vi el y i v, T v, (aaA 9 H D- vi fir) to Lvcivoz,I M S r anti 111 " (Dv,- 6a,V1g19R • 9370 • X - �C�ray�n��a 5 +rte+ Q�Pl�ld�oilita-ri()V1 ALL AMERICAN ASPHALT Bidder y Li) Hl g;r,,3 -33l VICE PRESIDENT Auth ized Signature/Title r i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD REHABILITATION FROM MEDINA WAY TO ADAMS STREET CONTRACT NO. 3322 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of Rlv r ' ) PAGE 6n r't llr y being first duly sworn, deposes and says that he or she is Vi(-- 'siA.&,+ of Rh 4men'navi ig5s2Y)a1-f , the party making the foregoing bid; that the bid is not made in the interest of, or on 'behalf y undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. ALL AMERICAN ASPHALT ���� PRESIDENT VICE Bidder Authorized Signature(Title Subscribed and sworn to before me this aL day of No✓?o/n boK 'tcil-�Oqo [SEAL] S &e �f lachPd 74rgf. Notary Public My Commission Expires: JiUVI e 1 ,,2�3 N IVE 0 C) E a) /! E 0 0 0 ca Z,5 E E Z-0 \���\ C9 9 u \\I? QL \\ � 6 \\ \ ® \\ \\ ��� � CD (D E 1E gn 5S 0 0 PAGE 7 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD REHABILITATION FROM MEDINA WAY TO ADAMS STREET CONTRACT NO. 3322 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of receipt Notice of Award to the successful bidder: • CONTRACT • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of receipt Notice of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key 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. 0 PAGE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD REHABILITATION FROM MEDINA WAY TO ADAMS STREET CONTRACT NO. 3322 CONTRACT THIS AGREEMENT, entered into this 12'" day of December, 2000, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and All American Asphalt, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: BALBOA BOULEVARD REHABILITATION FROM MEDINA WAY TO ADAMS STREET Project Description 3322 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. 3322, 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. 11 0 PAGE C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of one million, seventy-six thousand, three hundred ninety-five dollars and 501100 Dollars ($1,076,395.50). 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. 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 All American Asphalt Public Works Department P.O. Box 2229 3300 Newport Boulevard Corona, CA 92878 -2229 Newport Beach, CA 92663 (909) 736 -7600 Attention: Stephen Luy (949) 644 -3330 F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 0 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 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. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. PAGE 12 6. Right to Stop Work for Non - Compliance City shall have the right to offer the Contractor to stop Work under this Agreement and /or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole or active negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. r a • 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. CITY OF NEWPORT BEACH A Municipal Corporation By: G am.%. %.0( MAYOR ALL AMERICAN ASPHALT By: �) Authorized Signature and Title /. vice Prey 121 t 9160 f:\user"bvAshared\oontracts \fy 00- 01\balboa blvd - medina to adams c-3322\contract.doc 12/04/00 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT .,.- i_ S'. C..._.._. L.. L.'.' .'.�. *_�:�._....4`..4`.:- S?_-`. _o:'.r.'_�': `�'. u'.). cv.�'_�.'.?4.r•- .. '. � �.. State of California County of Riverside 1 ss. Cj �t r On 12 -18 -00 before me, Debbie A. Matsen, Notary Public Date Name and Title of Officer yq.'Jane Doe, Notary oubhC I � personally appeared Robert Bradley Naminliij of Signer Mpersonally known to me e 4 � .pMjiprl to ma on the h^ i DEBBIE ti MATSEN Commission # 1272914 Notary Public - Caii`omia i Rlverslde County GoMyCol Sgwes Jun 1, 2DO:i Place Notary Seat Above to be the personK whose name($) isAil subscribed to the within instrument and acknowledged to me that he /sheAhey executed the same in his /heclYhetc authorized capaclty(+el and that by his /4e44heO- signatureV on the instrument the person(,, or the entity upon behalf of which the person($)" acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Pubic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Contract, City of Newport Beach, Contract No. 3322 Document Date: 12 -12 -00 Signer(s) Other Than Named Above:. —None. Capacity(iee) Claimed by Signer Signer's Name: Robert Bradley C Individual Number of Pages: _ page 13 X; C. Corporate Officer— Title(s): Vice President Partner — = Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: All American Asphalt _____ RIGHT THUMBPRINT OF SIGNER 01999 Naforlal NOlary Aeemiaa0n•9360 De SOlo Aye. PO. Bex 240,. C9alswerlR CA9QI32402•www'NVl00alwtnrymg Poop. N. 5907 Fewtlec Call Toll Free IBM 67d 6827 CEO FICA "F 1"$MNCE IP 12/14100 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Calco Ins Brokers & Agent ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Lie. No. 0829370 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 600 City Pkwy West #500/500 COMPANIES AFFORDING COVERAGE Orange CA 92868-2946 COMPANY (714) 937-1824 A Royal Surplus Lines Ins. Co. INSURED COMPANY All American Asphalt B Hartford Fire Insurance Co. PO Box 2229 COMPANY Corona, CA 91718-2229 C great American Insurance Cc COMPANY HIN America THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDINGANYREOLAREMENT,TERMORCONDITIONOFANYCONTRACTOROTHERDOCL)MENTWITHRESPECYTOWHICHTHIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS- '0 LYN TYPE OF INSURANCE POLICY NUMBER POLICYERFECTIVE DATE (MMIDONY) POLICY EXPIRATION DATE (MNUDDiYY) LIMIT* A GENERAL LIABILITY KHA120065 8/01/130 8/01/01 GENERAL AGGREGATE S 2,000,000 X PRODUCTS-COMP/OP AGO S 2'000'000 COMMERCIAL GENERAL LIABILITY CERTIFICATE HOLDER IS CLAIMS MADEFX] OCCUR NAMED ADDITIONAL INSURED PERSONAL & ADV INJURY S I'DOO'DOO EACH OCCURRENCE 3 1,000,000 OWNER'S & CONTRACTOR'S PROT AS PER C62010 ATTACHED $10,000 SIR X FIRE DAMAGE (Any one fire) S 50,000, MED EXP (Any one person) S B AUTOMOBLELIABLffY 72UENSK5491 8/01/00 121101/01 COMBINED SINGLE LIMIT X ANY AUTO 1'ODO'000 BODILY INJURY (Per person) S ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS X BODILY INJURY (Per accident) S X $10,000 Dad X PROPERTY DAMAGE $ GARAGE LIABLrTY AUTO ONLY - EA ACCIDENT $ ANY AUTO MIA OTHER THAN AUTO ONLY: EACH ACCIDENT 3 AGGREGATE $ C EXCESS LIABILITY TUU3577202 8/01/00 8101101 EACH OCCURRENCE $ 10,00,1100 AGGREGATE $ 1D,00,000 X UMBRELLA FORM TEU2184777 $ X OTHER THAN UMBRELLA FORM D WORXMRS COMPENSATION AND 0000994003 13101100 8/01/01 XI STATUTORY LIMITS EMPLOYERS' UABLITY EACH ACCIDENT S 1,000,000 THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE DISEASE - POLICY LIMIT f 1,000,000 DISEASE EACH EMPLOYEE S I'000,000 OFFICERS ARE: EXCIL OTHER MIA DESCRIPTION OF OPERATIONSJLOCATIONSIVEHICLE$i$PECIAL ITEMS Re: Contract No. 3322 - Balboa Boulevard Rehabilitation from Medina Way to Adams Street •10 days notice for non-payment of pram) um 7axp w* .. .. .. .. .. .. SHOULD ANY OF THI ABOV9 DKICAMIRD POLICIES BE CANCKUJKD DIFORB THE City of Newport Beach EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENUCWJM)CMIUL Public Works Department 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Administrative Coordinator 3300 Newport Boulevard P.O. Box 1768 AM IN IZED REPRESENTATIVE Nolipart Beach, CA 92659-1768 053011 x� 15, CERTIFICATE: 154100111 01599 0 POLICY NUMBER: KHA120065 COMMERCIAL GENERAL LIABILITY INSURED: All American Asphalt EFFECTIVE: 8/1/00 THIS ENDORSEMENT CHANGES THIS POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: The City of Newport Beach, its officers, officials, employees and volunteers 3300 Newport Blvd P.O. Box 1768 Newport Beach, Ca 92658 -8915 Project Balboa Boulevard Rehabilitation from Medina Way to Adams Street Contract No. 3322 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. It is agreed that such insurance as afforded by this policy for the benefit of the additional insured shall be primary insurance as respects any claim, loss, liability arising directly or indirectly from the insureds operations and any other insurance maintained by the additional insured shall be noncontributory with the insurance provided hereunder. CG 20 10 11 85 ©Copyright, Insurance Services Office, Inc., 1984 endorse2mpd WORKERS' COMPENSATIC MPLOYERS FORM NUMBER Im I� LIABILITY. IWNCE POLICY WC- 00 -04 -86 CumpwAen 9 u.emq lnmr.� c...p..p WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - We have the right to recover our payments from anyone liable for an injury covered by this policy. In consideration of additional premium, we will not enforce our right against the person or organization for whom you agreed to obtain a waiver of subrogation. This endorsement applies only to the extent that you perform work under a written contract that requires you to obtain a waiver of subrogation from us, and that the contract was made before an injury to which this policy applies. This endorsement shall not operate directly or indirectly to benefit anyone with whom you do not have a written contract, that requires you to obtain a waiver of subrogation. The premium charge for this endorsement is 1`k of the California workers' compensation final premium subject to a minimum premium of $5,000. 1 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The informatl$'n below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 08/01/00 Policy No. C000994003 1 Endorsement No. Insured All.American Asphalt Date Printed Countersigned by ��� ' PRODUCER CO SAN -03 -01 WED 03:53 PM CALCO INS PR JDOL! h... .. ... .. ... Calco Ins 0rokora S A;teot Llc. Nu. (1025370 GOO City Pk'xy West 2soOfED0 FAX NO. 7149374214 P. 02 < DATE IMMfVP1YVI ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE prmTya CA 92563 -2944 CU1A'ANY 1714) 517 -1.424 A Royal Surplus llnos Inc. Co. _........__._.... INSI IRFD CU44 nN'f All L'oricaa Asphal/ 6 Nartford Fire Incur ence (:e, PU Got, 2 ?29 CGMPANf` —.. Cf re,a, C1 S1719-2229 C Great American Insurance Cc COMPANY N - IH America afs THIS 16 TD CF:R rirY THAT I IFPOLICIES ORIN SURANCLF L.I ;TED SELO W HA VE DECN ISSUED TO THE INSURED NAMED AB OVE FOR THE FOLIC Y P ER10D INDIC A7 EWIOT WI TI' STANt,;NG ANYPE.OUIRtnMENT,T &HMOR CONDITION O F ANY CONTRACT OR OTHER DO CUMENT WITH RES RE C T'0 WHIC -I THIS CERTWICA TE MAY BEISSULU UP MAY P1207AIN, THE INSURANCE AFFORDED BY I HE POLICICS DESCRIBEO HEREIN 15 SUBJECT TO ALL THE TERMS, FXCUU5IGPIS AND CONDITIONS 0' SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ... -. .. 1 11 1.1111 .. . _..._ LIC 1 1ECTIVE __— _ . . —__ .. _._.. TH ..... ��_�_ -- FOLIC YEFREDTIVE PDAEYEYPIAATON TY VFi OP lfi 5upglL:G POLICY NUMBER LIMITS Lix DATE (MMIDU /'!Y) GATE IMAIIDOAYY) A rrHrRni.uian nr KHA120CE5 r 8/01100 0101101 GENOAL enrREGAlt S 2,000_000 K C VI+, hUAl.11(NMM I.IANU.n'f CERTIFICATE HOLDER IS I rnoD'�p;CCMwcr err, s 2,c00,0D0 tl. Alr.e1 MAX .K� D!:CCR NAMED ADDITIONAL INSURED I FERV,NAL 4 AUJ INJL'rri S 1, COO, 000 nu'NTI'rtx r. Ovu7AC10R;: Fknl AS PER C5201D AT'TACNED EACIL 0C.&SICNCC s 1,009,000 _ —_ -.. ArE A_._ 1d13 7777_ .__ X 810. GOO SIR FIFE CAlAnr,C (An /e.m rVxP3 50 000 C...E4Ch7PT_I41_N _7: .O..E. h- 1I17U7 -d— __T..6NONEHICLSISP [l'IL I TEM ^. RE: Contraet No. 3322- 0.Ibao Soelaverd Rahobl1 fatlan from Medina Way to AdAms Str not, Corr hcldor is nalAad additlenal insured to tho automobile coverage as per the ettachad endorsumont. `)D Aay, noAlca for N4t-pov11.1rt of pr.mlum laxp u` CER71FICATR 7TULLt} SHOULD ANY OF THE ABOVE DEBCRIBEO POLICIES BE CANCCLLEO BEFORE THE Cliy of N.,:ry oft FuJOh EXPIRATION DATE THEREOF, THE Is SVINC COMPANY WR.L E4UDNY011K)II&AIL.alL Pvbllc Works O:pnrtmi,nt 30 DAYS WRITTEN NOTICE TO THE CERTIF)CATE WOLOF% NAMCO TO THE LEFT, AAmir,lslra(Iv.I Cosrdlnjtor DEB( AYMYYMYXIt% YY AfKMNW1Y11W: DIYi10WALKXYTKdIYYW %IDYiYY %XKNYXSR(KY:WKk%M \R 2300 N.:'ApoM Peulavard DPr(YAM %KF70KgX)W)DE(Y %% R91%% 1gFlEM ,glXgq %;flY/NMbA%JmRSAIac]Lk i'.0. Roa 1715e1 AUPdOM[[D flF.Pv ENTATIVE - -- Nal,part ReacS, CA S>,CSa -17G3 )I y� ��.- ., 053071 vCQRD iS_5�975e7 •--...,_._.. __ .._,. �__..�. 4- /7`111 /���iii ez `' ,�. r^ E7• ACOR6 CORPORATION 2993 CERTIFICATE: 154f DD11 01590 MfD EXP (AA, cnn P,1;&OM Fi" - -- E: AUTOMDJN CL!aD lUrt 72UCNOKS491 ��- —B /01100 5101 /Dl - -- I 1 ' - -- 'I Como, NP3 EbhlOLi. 1.1v I: S X ANY AUfq _.I 1,009,000 I 1 It C.)JI!(b • MO-'f 69DILY INJ!JHY "7711 - 1177... ,. —.. ;flij:u ll FlJ PCIIIg IPY, Prr:oni y I tlll1210 AUA.:',) 1DODILY InuURY — f Klany ^n1V0.'O rUq,S 'IFUr BcrIAe I,II % C.0)0 DeJ pRGPER7Y OAMn nC: -"- 1f CAHa ck Lln.G O.IYV I AI!i0 ON! Y EA ACCIDf.Ni J / AIJ'r ALCU N/A GiFIEa 1F:AN AIJ(U OM.' /. I ......._ EAfN of ClOL ClOti Nt `3 -.. -7117 ACC,TCOME S CT CXOL53 IaASnLITV TIIUG577202 9/01/00 8 /01/01 4_ EACH Dco.JRRENCE :{ IO'COD,ODO OCZ'_. % 1.x1 :•� @Lla POrM TCO214 1ITT .. 11H __ -- AOCd7f ",ATE S 10,000,000 K 91111:! GRN I! Phl,LLA r!; @A - -.. _ - -_. .. _.. S _. O 'WDIlKERS eCMFENeiATmN AND CU009917(IJ 010) /00 8/01/01 X SU(f11Gr +'S IVII, I EMPLOY: PS'LIAi1il ITV I EACH ACQDfN7 �, t 000, DDD 1r. pq: s -;.IC ipp,f N'A. `_ _i_ Di.EASE POLICY LIIAII 1S 1,OCO,DOD P AP IfY'Iti : /I. A!'UIIIVf r CdFICER', AVG Fvr1 -- 7111._ ___.___...._� .l____ �DTHDa DI ^,Ea;E FA!'H fA1PLO SCr f 1,000,000 __-- __ -_ -- � -.._ N!A C...E4Ch7PT_I41_N _7: .O..E. h- 1I17U7 -d— __T..6NONEHICLSISP [l'IL I TEM ^. RE: Contraet No. 3322- 0.Ibao Soelaverd Rahobl1 fatlan from Medina Way to AdAms Str not, Corr hcldor is nalAad additlenal insured to tho automobile coverage as per the ettachad endorsumont. `)D Aay, noAlca for N4t-pov11.1rt of pr.mlum laxp u` CER71FICATR 7TULLt} SHOULD ANY OF THE ABOVE DEBCRIBEO POLICIES BE CANCCLLEO BEFORE THE Cliy of N.,:ry oft FuJOh EXPIRATION DATE THEREOF, THE Is SVINC COMPANY WR.L E4UDNY011K)II&AIL.alL Pvbllc Works O:pnrtmi,nt 30 DAYS WRITTEN NOTICE TO THE CERTIF)CATE WOLOF% NAMCO TO THE LEFT, AAmir,lslra(Iv.I Cosrdlnjtor DEB( AYMYYMYXIt% YY AfKMNW1Y11W: DIYi10WALKXYTKdIYYW %IDYiYY %XKNYXSR(KY:WKk%M \R 2300 N.:'ApoM Peulavard DPr(YAM %KF70KgX)W)DE(Y %% R91%% 1gFlEM ,glXgq %;flY/NMbA%JmRSAIac]Lk i'.0. Roa 1715e1 AUPdOM[[D flF.Pv ENTATIVE - -- Nal,part ReacS, CA S>,CSa -17G3 )I y� ��.- ., 053071 vCQRD iS_5�975e7 •--...,_._.. __ .._,. �__..�. 4- /7`111 /���iii ez `' ,�. r^ E7• ACOR6 CORPORATION 2993 CERTIFICATE: 154f DD11 01590 JAN- 03 -01 . WED 03;54 PM CALCO INS FAX NO, 7149374214 ° 63 . 0 P01,1CY NUM11ER: 72UENGK5491 INSURED: All Arnerican Asphalt EFFECTIVE: S. /01/00 THIS ENDORSEMENT CHANGES THIS POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED I hi: GndOib,z ioont mod fios insurance provided under the following: BUS1Nf.: °,c AUTO COVERAGE FORM The City of Newport Bench, its officers, orficials employees and voluntel;rs 3300 Newport Blvd. P.O. Box 1768 Newport Bcach, Ca 92658 -8915 Project: Balboa Boulovard Rehabilitation 6nm Medina Way to Adams Street Contract No 3322 A. Any person or orgnnii;,J,on whom you are required by contract to name as additional insured is an " insured" for LIABILITY COVERAGE but only to the extent that person or organization qualifies as an "insured" under the WI 10 13 AN INSURED provislon of Soction II - LIABILITY COVERAGE. Ll. It is ogread flat such insurance ns afforded by this policy for the benefit of the additional insured shall be piinmry insurance r;.s reepocts any claim, loss, liability arising directly or indirectly from the insureds operations and any n1hCr insurance maintained by the additional insured shall be noncontributory with the insurance provir!ccl horeundor. DEC -26 -00 TUE 09:09 AN FAX N0. P. 02/27 No CAL— SURANCE CERTIFICATE OF INSURANCE CHECKLIST CITY OF NEWPORT BEACH THIS CHECKLIST IS COMPRISED OF REQUIREMENTS AS OUTLINED ABY THE CITY OF NEWPORT BEACH. DATE RECEIVED: I eZI 0 DEPARTNIEN'T /CONTACT RECEIVED FROM:_f _ #Si 6AjF8_ DATE COMPLETED: I bD SENT TO: sMRU !ii BY: &AUJ9 COMPANY /PERSON REQUIRED TO HAVE CERTIFICATE: AL. AWER1MAI AI4WW7___ GENERAL LIABILITY A. INSURANCE COMPANY: ROVAL 5N F4US MgF,5 14)5 6Y E4 . B. AM BEST RATING (A VII or greater): Al': XIV C. ADMITTED COMPANY: ( Must be California Admitted) Is company Vinittedin California? Yes_ No ✓ D. LTNI TS: (Must be S1.000,000 or greater) What is limit provided? / DOd, QOB E PRODUCTS AND COMPLETED OPERATIONS: (Must Include) Is tt included'? Yes ✓ No_ F. ADDITIONAL INSURDED WORDING TO INCLUDE: ( The City its officers. agents, officials. emplovecs and volunteers). Is it included'? Yes/ No G. PRRAARY AND NON CONTRIBUTORY WORDING: (Must be included) Is it included? Yes V/ No_ H. CAL -MON! ( Confirm that loss or liability of the Named insured is not limited solely by their negligence.) Does endorsement include "solely by negligence" wording? Yes No ✓ 1. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation b.% certified mail: per Lauren Parity the City will accept the mdenvor wording. AUTOMOBILE LIABILITY: A. INSURANCE COMPANY: 1MVP09n AI& 1AS OF 0 B. AM BEST RATING (A VII or greater): 'f.'XV C. ADMITTED COMPANY: ( MUST BE CALIFORNIA ADMITTED) Is company admi¢ed? Yes ✓ No D. LIMITS: (Must be 51.000,000 minimum BI & PD and $500.000 UM) What is limits provided? , —A6 °d0 E. ADDITIONAL INSURED WORDING TO INCLUDE: (The City its officers .agents. officials, employees and volunteers). Is it included? Yes _ No ✓ F. PRIMARY AND NON CONTRIBUTORY WORDING: (Must be included). Is it included? Yes_ No ✓ G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation b}' certified mail: per Lauren Farley the City will accept the endeavor wording. III, WORKERS COMPENSATION A. INSURANCE COMPANY: NIP RUCR (r{} B. AM BEST RATING (A W or greater} _A_ C. LIMITS: Smrulory D. WAVIER OF SUBROGATION: (To include). Is it included? Yes ✓ No_ HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes No v-1 IF NO, WHICH ITEMS NEED TO BE COMPLETED? OF tjD iR P i FF:!� CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD REHABILITATION FROM MEDINA WAY TO ADAMS STREET Contract No. 3322 Approved by Don Webb Public Works Director ADDENDUM NO. 1 TO ALL PLANHOLDERS: Proposal 949 6 - -4 _'71c F.02 11 .. YYYYYYIYYYY Y.Y..Y.Y.YYYYYYIYYYY....... YYYY YY YYYYYYYY ........,YY .................. Y.YY. Pages 2, 4, 7 and 8 of the Proposal have been revised. Revisions include: Item 8 and 9 have been amended to include the phrase "Remove Existing and... "; Item 16 "Traffic Signal Modifications" has been deleted; Item 35 "Install 24 -Inch RCP Storm Drain (D- 2000)" has been amended to include PCC Encasement; Items 37, 38 and 39 "Install 12, 8 and 6 -inch C -905 Water Main ", respectively, have been amended to show C -900 Water Main. Attached is a completely revised Proposal to be submitted with your bid. ...............Y..Y.......... 0...,..., .......... ....... .., .......... ...Beef .......... . Bidders are required to sign Addendum No. 1 and attach to the bid proposal, Bids may not be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. NIt A-Vi4ril -gto 502haft Ydder's Name (Please Print) (, Signature & Title • . K"'J- I_-, 00 14: .Z REVISED PROPOSAL !.I i' jr CIRTHEW:r • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD REHABILITATION FROM MEDINA WAY TO ADAMS STREET CONTRACT NO. 3322 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P. O. Box 1768 Newport Beach, California 92663 -8915 Gentlemen: Fhe undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3322 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT T_ PRICE WRITTEN IN WORDS PRICE _ PRICE— Lump Sum Mobilization Q W 71jn1 SR "DDoilars and 00 Cents Per Lump Sum 2. Lump Sum Traffic Control �X�) `r USnDollars and Aio Cents Per Lump Sum 3. 1,205 S.Y. Cold Mill P.C.C. Pavement Q_ E Dollars and _��'Ycents Per Square Yard WOMAN $ g $ i IC!�-c':- _' - =?Ifi� 14 : ='3 :[T" uF 1iE1.I^pFTF.E4-H 943 1 1,3 P. 04 1i ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT---- TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 260 S.Y. Cold Mill A.C. Pavement �% Dollars and _Cents $ Per Square Yard —�— 5. 6,315 S.Y. Crack Seal and Construct Asphalt Rubber Hot Mix Intedayer. 6ff7— Dollars and 616H1Y _Cents $ Per Square Yard 6. 690 Tons Construct 2 -Inch Thick Asphalt Rubber Hot Mix Overlay @ 51 X a >r7 VE Dollars and Ala Cents $ _65.— S g5 .' Per Ton 7, 575 Tons Construct Variable Thickness Asphalt Leveling Course @ Dollars and :�ZZFi�j .Cents $ �3.1 _ S 3 g7'1.5�1 Per Ton 8. 380 Tons Remove Existing and Construct 3 -Inch Thick Asphalt Paving Course ( _jjL,6 N 6N Dollars and _ _ M5n Cents $ Per Ton 9. 1,265 Tons Remove Existing and Construct 10 -inch Thick Crushed Aggregate Base @ 41 hx:� . 5j_�Dollars and T 36, 3 �7 u�- YY Cents $ _,_._.. $ �� � • � Per Ton C i T" :7r • C� J ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT _ TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 270 S.F. Remove Existing and Construct P.C.C. Driveway Approach C� G GE1/L/J Dollars and Nb Cents Per Square Foot 11, 9,315 S.F. Remove Existing and Construct P.C,C, Sidewalk V,A Dollars and U Cents $ �� $ Per Square Foot 12. 1,900 L.F. Remove Existing and Construct Type A,� /Curb and Gutter (2' Gutter) @ /"�✓'���.,�/ Dollars _ y>a � and is $ $ 6 Per Linear Foot 13. 540 S.F. Remove Existing and Construct P.C.C. Alley Approach @_6y}j' Dollars and � Cents Per Square Foot 14. 8,800 S.F. Remcve Existing and Construct P.C.C. Street @ oollars and /y Per Square Foot 15. 280 S.F. Remove Existing and Construct P.C.C. Access Ramp @� weA -�rYiDollars and �6 Cents $ S Per Square Foot OF 10,PORT5c RCN ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT_ PRICE WRITTEN IN WORDS PRICE PRICE 16. Delete 17. Lump Sum Traffic Striping @ L/r F�o U:101 Dollars and /)6 Cents _ Per Lump Sum 18. 5 Each Remove Existing and Re- Install Curb Drains @ Dollar �}j�10.tz 6'l PV _ and NO Cents $ 3 J $ _�� gJr� Per Each 19. 18 Each Remove Existing and Install New Electrical Boxes @ -:rLDollars and _.__Cents $ 3 $� Per Each 20. 2,215 L.F. Install 1 Y. -Inch PVC Electrical Conduit, with 12 -inch Sweeps And 3 Conductors - 1� __Dollars @ I % I and -FD v4Y _Cents $ $ a3 ��T Per Linear Foot 21, 680 L.F. Install 1 Y.-Inch PVC Electrical Conduit, with 12 -inch Sweeps And 7 Conductors @_�n U iij� t� bollars and 7ro kl Y Cents S $ .%. Per Linear Foot 23. Lump Sum Remove, Store and Reinstall Traffic Signs @ _43r_6 Dollars and No Cents $ Per Lump Sum 24. 2 Each Adjust Existing Sewer Cleanouts to Grade vE>�►� 1,�{ Zfu� na F�b�' 'Dollars and f�0 Cents $ 0. _ $ Per Each 25. 3 Each Adjust Existing Sewer Manholes to GradeI1 y, �I/F @ IUB kAbW Itt��'' `Dollars and No Cents Per Each f 26. 15 Each Construct PCC Catch Basin �lti ha^j Yli Q. 4U, 15"V Se)e'fY Dollars and W Cents $ 3,3 6 , - Per Each C1T" OF HEWRDUJBERCH 99 e .'•1 n,i_ ^'. ;7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT 1 OTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE_..,._ 22, 1 Each Install Meyers Stainless Steel Cabinet/Base and Electrical Components @ �rL'E��^�pollars and Mo Cents $ 5 $ Jr Per Each 23. Lump Sum Remove, Store and Reinstall Traffic Signs @ _43r_6 Dollars and No Cents $ Per Lump Sum 24. 2 Each Adjust Existing Sewer Cleanouts to Grade vE>�►� 1,�{ Zfu� na F�b�' 'Dollars and f�0 Cents $ 0. _ $ Per Each 25. 3 Each Adjust Existing Sewer Manholes to GradeI1 y, �I/F @ IUB kAbW Itt��'' `Dollars and No Cents Per Each f 26. 15 Each Construct PCC Catch Basin �lti ha^j Yli Q. 4U, 15"V Se)e'fY Dollars and W Cents $ 3,3 6 , - Per Each < HGKI -22 -20001 14: 51 1 T L --F t 1P- FCiFTBEHCH • • 941- e,a __;;R P, ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE _._.._ PRICE 27, 5 Each Construct PCC Junction Structure @ Nowso r2 I Dollars and —Cents $ 3 J $ dw. — Per Each 28. 15 L.F. Install 12 -Inch RCP Storm Drain (D -2000) @kLb ��`' Dollars and &� Cents $ A g • — Per Linear Foot 29. 175 L.F. Install 12-Inch RCP Storm Drain (D -2000) W /P.C.C. Encasement @ �W �k0 ��IW I Dollars and Cents $ _137•' $ 'd3 'Z5. Per Linear Foot 30. 80 L.F. Install 15 -Inch RCP Storm Drain (D -2000) @0N� bPft ft31 Dollars and ° Cents $ Ali:: $ Per Linear Foot 7 31. 80 L.F. Install 15 -Inch RCP Storm Drain (D -2000) W /P.C.C. Encasement @ OPC O Dollars and 32. 985 L.F. Install 18-Inch RCP Stonn Drain (D- 2000)' @ N� 11 Dollars _ _ /v0 Cents $ IiJ $ I�6___��, Per Linear Foot 1 ____ f . - 22-2E,00 1=1: �r.i -IT` OF MEWF0PTPU+..H 9.,3 5 - -v '.'_•.1F' F. 05 :'li ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 33, 75 L.F. Install 18 -Inch RCP Storm Drain (D -2000) W /P.C.C. Encasement OAe(�W ��l�Dollars and _ Cents $ Per Linear Foot 34, 590 L.F. Install 24 -inch RCP Storm Drain (D -2000) @ Ove L4W n28b Dollars —Cents $ ' °q ' / $ �i Per Linear Foot 35. 135 L.F. Install 24 -Inch RCP Storm Drain (D -2000) W/P.C.C. Encasement @ OPEDollars ..and —Cents $ $ Per Linear Foot 36. 1,945 L.F. Install 16 -Inch PVC, C -905 Water Main CalO�✓E i G Dollars and A)6 Cents $ $ ` J Per Linear Foot 37, 100 L.F. Install 12 -Inch PVC, C -900 Water Main @ NI N I: t)6 Dollars and Na Cents $ Per Linear Foot 38, 35 L.F. Install 8 -Inch PVC, C -900 Water Main /J If�I {` _�U6 (� Dollars N° and $ 35,... $7 95' PPr I..irPar Foot .: %10V- F= -2h0C' 14 1 Cli" OF flE6IF'OF'TEEPCH ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE __- PRICE 39. 140 L.F. Install 6 -Inch PVC, C -900 Water Main @L — Dollars and [�lo Cents $ _g , � $ � � • -� Per Linear Foot 40, 5 Each Install 16 -Inch Ductile Iron Butterfly Valve and Cents $ a� $ 3 Per Each 41, 1 Each Install 12 -Inch Ductile Iron Butterfly Valve epp @ Vgmw� ''Dollars and „ _ AJa Cents $ J $ ._ Per Each 42, 1 Each Install 8 -Inch Ductile Iron Resilient Wedge Valve @ CWV— C-t3 4ollars and 106 Cents $ $ Per Each TT 43. 3 Each Install 6 -Inch Ductile Iron Resilient Wedge Valve @ Dollars and O Cents $ Per Each 44. 1 Each Install New Fire Hydrant Assembly IN EIollars and �b Cents $ �r_I__ $ Per Each t13 "1 -22 -2c Oc iT OF 6 -a :':7c P. 1' 11 • • ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS_ ERICE ._ PRICE 45, Lump Sum Temporary Water Main Bypass @�1 >�I�►'�bollars Na and _ Cents Per Lump Sum 46. Lump Sum Pressure Test, Disinfect and Flush Water Main @ t�Le'vo NDlrt�'Dollars and „_Cents Per Lump Sum TOTAL PRICE IN WRITTEN WORDS 71 and _Cents II ..— Dollars (Figures', fuOy4mlo,c✓ A-). a000 11 Amerirola._. ZSigr7turee - Date _ Bidder Bidders Telephone and Fax Numbers Bi er's Authorized and l "itle Bidder's License No(s). Bidder's Address and Classification(s) twsersWbxhlttarOdkm4actslry 00- Mbatboa blvd oc;na to aoams C39Z2t3dd no.1 fax to planholden .Joc TGTAL P.II 0 0 6 -1 PUBLIC WORKS DEPARTMENT INDEX 6 -7 FOR 6 -7.1 SPECIAL PROVISIONS 6 -7.2 BALBOA BOULEVARD REHABILITATION FROM 6 -7.4 MEDINA WAY TO ADAMS STREET CONTRACT NO. 3322 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -7 ADJUSTMENTS TO GRADE 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 6 -7.4 Working Hours 6 -9 LIQUIDATED DAMAGES 1 1 1 1 6 2 2 2 2 2 2 2 P 3 3 3 3 3 3 4 4 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 4 7 -7 COOPERATION AND COLLATERAL WORK 4 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 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 -10.2 Storage of Equipment and Materials in Public Streets 5 7 -10.3 Street Closures, Detours, Barricades 5 7 -10.4 Public Safety 6 7- 10.4.1 Safety Orders 6 7 -10.5 "No Parking" Signs 6 7 -10.7 Notice to Residents and Temp Parking Permits 6 7 -15 CONTRACTOR LICENSES 7 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 7 7 -17 TEMPORARY WATER MAIN BYPASS. 7 SECTION 9 MEASUREMENT AND PAYMENT 7 9 -3 PAYMENT 7 9 -3.1 General 7 9 -3.2 Partial and Final Payment 14 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 14 201 -5 CEMENT MORTAR 14 201 -5.6 Quick Setting Grout 14 SECTION 207 PIPE 15 207 -2 REINFORCED CONCRETE PIPE (RCP) 15 207 -2.5 Joints 15 207 -9 IRON PIPE AND FITTINGS 15 207 -9.2 Ductile Iron Pipe for Water and Other Liquids 15 207 -9.2.3 Fittings 15 207 -9.2.4 Lining and Coating 15 207 -9.2.6 Polyethylene Encasement for External Corrosion Protection 15 207 -9.4 AWWA Butterfly Valves 15 207 -9.4.1 General 15 SECTION 214 PAVEMENT MARKERS 16 214-4 NONREFLECTIVE PAVEMENT MARKERS 16 214 -5 REFLECTIVE PAVEMENT MARKERS 16 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 17 300 -1 CLEARING AND GRUBBING 17 300 -1.3 Removal and Disposal of Materials 17 300 -1.3.1 General 17 300 -1.3.2 Requirements 17 300 -1.5 Solid Waste Diversion 17 SECTION 302 ROADWAY SURFACING 17 302 -5 ASPHALT CONCRETE PAVEMENT 17 302 -5.1 General 17 302 -5.4 Tack Coat 17 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 18 302 -6.6 Curing 18 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 18 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 18 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 18 303 -5.1.1 General 18 303 -5.4 Joints 18 303 -5.4.1 General 18 303 -5.5 Finishing 18 303 -5.5.1 General 18 303 -5.5.2 Curb 18 303 -5.5.4 Gutter 19 SECTION 310 PAINTING 19 310 -5 PAINTING VARIOUS SURFACES 19 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb 19 Markings 310 -5.6.6 Preparation of Existing Surfaces 19 310 -5.6.7 Layout, Alignment and Spotting 19 310 -5.6.8 Application of Paint 19 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 20 312 -1 PLACEMENT 20 PART 6 SECTION 600 MODIFIED ASPHALTS, PAVEMENTS, AND PROCESS 20 600 -2 CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENTS —WET PROCESS 20 600 -2.1 Asphalt Rubber 20 600 -2.1.1 General 20 600 -2.6 Asphalt Rubber Hot Mix Gap Graded 20 600 -2.6.3 Rolling 20 600 -2.7 Asphalt- Rubber and Aggregate Membrane (ARAM) 20 Surfacing or Interlayer I ; SPt of 20 CITY OF NEWPORT BEACH �`!{ PUBLIC WORKS DEPARTMENT !i U SPECIAL PROVISIONS BALBOA BOULEVARD REHABILITATION FROM eX Pt3 I/ —C4 MEDINA WAY TO ADAMS STREET CONTRACT NO. 3322 INTRODUCTION All work necessary for the completion of this contract shall be done in accord with (1) these Special Provisions; (2) the Plans (Drawing No. (Drawing No. R- 5741 -S & T -5808- S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1994 edition), including Supplements; (4) Standard Specifications for Public Works Construction (1997 edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, California, 92802, telephone (714) 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE. Add to this section, "The work necessary for the completion of this contract consists of removing existing sidewalk, curb access ramps, alley approaches, driveway approaches, curb and gutter, and grinding existing roadway; constructing storm drains, curb inlets, junction structures, P.C.C. sidewalk, curb access ramps, driveway approaches, alley approaches, curb and gutter, asphalt patch back, variable AC leveling course, asphalt rubber overlays and traffic striping; installing a new water main and streetlight conduit; 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 Contractor shall notify the City in writing two working days in advance of the time that the stakes are needed." M SP2 of 20 SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. This Section only applies to work in excess of the estimated quantities shown in the Proposal." SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the 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. r SECTION 5--- UTILITIES 0 SP3 of 20 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. The start of the 85 working day duration shall begin on January 2, 2001. 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 storm drains, curb inlets, junction structures, P.C.C. sidewalk, curb access ramps, driveway approaches, curb, curb and gutter; grinding of pavement; asphalt overlay, new water mains and appurtenances, and street light conduit, conductors and appurtenances. Also included within the specified period is curing time for new P.C.C. improvements." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section, "The Contractor shall complete all work under the Contract within eighty -five consecutive working days. The start of the 85 working day duration shall begin on January 2, 2001. However, the Contractor will not be allowed to begin work until all insurance, bonding and licensing requirements have been met. It will be the Contractor's responsibility to ensure the availability of all material 0 0 SP4 of 20 prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100% completion of work." 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.) on 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 eighty -five consecutive working days specified for completion of the work, as adjusted in accordance with subsection 6 -6, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00. Revise paragraph two, sentence one, to read "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time." The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly, preplanned, continuous sequence so as to minimize the time that the roadway is closed to the public. SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section, "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be 0 0 SP5 of 20 coordinated with the City of Newport Beach, Utilities Division. The City must approve any nighttime work in advance. The Contractor shall provide and install new water meter and valve boxes. All existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Pete Antista, Utilities Superintendent, at (949) 718 - 3401." 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section, "If the Contractor elects to use the City's water, he shall arrange for a meter and tender a $785 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into the bay or entering the storm drain system." 7 -8.8 Steel Plates. The City can provide a limited quantity of steel plates. These plates may be obtained for a rental charge of $15 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 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials shall not be stored in streets, roads, or sidewalk areas." 7 -10.3 Street Closures, Detours and Barricades. Add to this section "The Contractor shall submit to the Engineer at least five working days prior to the pre - construction meeting a traffic control plan and detour plan(s) for each street and parking lot. The Contractor will be responsible for processing and obtaining approval of a traffic control plan from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. All traffic control plans shall be prepared by a 0 0 SP6 of 20 licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H.), 1996 Edition. The traffic control and detour plans must meet the following requirements: 1. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 2. All advanced warning sign installations shall be reflectorized and /or lighted. 7 -10.4 Public Safety 7- 10.4 -1 Safety Orders. Add to this section, "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall furnish, install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least 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 (48) 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 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a tri -fold construction notice to the residents, within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty-eight hours before the start of any construction, the Contractor shall distribute to adjacent residents 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 0 0 SP7 of 20 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 verified by the Engineer at the time each progress bill is submitted. Upon completion of the project, the Contractor shall provide "As- Built' corrections upon a copy of the Plans. The "As- Built" correction plans shall be verified by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. 7 -17 TEMPORARY WATER MAIN BYPASS. The Contractor shall install and maintain a temporary water main bypass during the replacement of the water main. The Contractor may use the City's bypass equipment; a $1,000 equipment deposit is required. Arrangements should be made with the Utilities Superintendent, Mr. Pete Antista, at (949) 718 -3401. 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. 0 0 SP8 of 20 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 costs incurred in notifying the residents. In addition this item shall include providing the traffic control required by the project including, but not limited to, preparation of traffic control plans, signs, cones, barricades, flashing arrow sign, K -rail, temporary 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 Cold Mill P.C.C. Pavement: Work under this item shall include the cold milling of the existing P.C.C. roadway pavement below existing finished grade and all other work necessary to cold mill the existing P.C.C. roadway pavement below existing finished grade complete and in place. Item No. 4 Cold Mill A.C. Pavement: Work under this item shall include the cold milling of the existing A.C. roadway pavement below existing finished grade and all other work necessary to cold mill the existing A.C. roadway pavement below existing finished grade complete and in place. Item No. 5 Crack Seal and Construct Asphalt- Rubber and Aggregate Membrane Interlayer (A.R.A.M.I.): Work under this item shall include crack sealing of the existing asphalt roadway, constructing the A.R.A.M.I. and all other work necessary to crack seal and construct the A.R.A.M.I. complete and in place. Item No. 6 Construct 2 -Inch Thick Asphalt Rubber Overlay: Work under this item shall include constructing 2 -inch thick asphalt rubber overlay and all other work necessary to construct 2 -inch thick asphalt rubber overlay complete and in place. Item No. 7 Construct Variable Thickness Asphaltic Concrete Leveling Course: Work under this item shall include the construction of variable thickness asphaltic concrete leveling course and all other work necessary to construct a variable thickness asphaltic concrete leveling course complete and in place. Item No. 8 Construct 3 -Inch Thick Asphalt Paving Course: Work under this item shall include the construction of 3 -Inch thick asphalt paving course and all other work necessary to construct a 3 -Inch thick asphalt paving course complete and in place. Item No. 9 Construct 10 -Inch Thick Crushed Aggregate Base: Work under this item shall include the construction of 10 -Inch thick crushed aggregate base and all other work necessary to construct 10 -Inch thick crushed aggregate base complete and in place. Item No. 10 Remove Existing and Construct P.C.C. Driveway Approach: Work under this item shall include the removal of existing improvements and the construction of P.C.C. driveway approach and all other work necessary to remove the existing improvements and construct the driveway approach complete and in place. 0 0 SP9 of 20 Item No. 11 Remove Existing and Construct P.C.C. Sidewalk: Work under this item shall include the removal of existing improvements and the construction of P.C.C. sidewalk, and all other work necessary to remove the existing improvements and construct the sidewalk complete and in place. Item No. 12 Remove Existing and Construct P.C.C. Curb and Gutter, Type "A ", With 2- foot Gutter: Work under this item shall include the removal of existing improvements and the construction of P.C.C. curb and gutter, type "A ", with 2 -foot gutter and all other work necessary to remove the existing improvements and construct the P.C.C. curb and gutter complete and in place. Item No. 13 Remove Existing and Construct P.C.C. Alley Approach: Work under this item shall include the removal of existing improvements and the construction of P.C.C. alley approach and all other work necessary to remove the existing improvements and construct the alley approach complete and in place. Item No. 14 Remove Existing and Construct P.C.C. Street: Work under this item shall include the removal of existing improvements and the construction of P.C.C. street and all other work necessary to remove the existing improvements and construct the street complete and in place. Item No. 15 Remove Existing and Construct P.C.C. Access Ramps: Work under this item shall include the removal of existing improvements and the construction of P.C.C. access ramps, and all other work necessary to remove the existing improvements and construct the access ramps complete and in place. Item No. 16 Traffic Signal Modifications: Work under this item shall include, but not be limited to, providing and installing traffic signal loops, pull boxes, conduit, and wiring and all other work necessary to install traffic signal loops, pull boxes, and conduit complete and in place. Item No.17 Traffic Striping: Work under this item shall include traffic striping and all work necessary to install traffic striping complete and in place. Item No. 18 Remove and Reinstall Existing Curb Drains: Work under this item shall include removing and reinstalling existing curb drains and all other work necessary to remove and reinstall existing curb drains complete and in place. Item No. 19 Remove Existing and Install Electrical Pull Box: Work under this item shall include removing existing electrical boxes, furnishing and installing electrical pullboxes, per City of Newport Beach standards and all other work necessary to install electrical pull boxes complete and in place. Item No. 20 Install 1 '/4 -Inch Diameter P.V.C. Electrical Conduit With 3 Conductors and 12 -Inch Sweeps: Work under this item shall include the furnishing and installation of a 1 % -Inch diameter P.V.C. electrical conduit with 3 conductors and 12 -inch sweeps, per F 0 S P 10 of 20 city standards, and all other work necessary to install a 1 Y4 -Inch diameter P.V.C. electrical conduit with 3 conductors and12 -inch sweeps complete and in place. Item No. 21 Install 1 % -Inch Diameter P.V.C. Electrical Conduit With 7 Conductors and 12 -Inch Sweeps: Work under this item shall include the furnishing and installation of a 1 Y4 -inch diameter P.V.C. electrical conduit with 7 conductors and 12 -inch sweeps, per city standards, and all other work necessary to install a 1 % -Inch diameter P.V.C. electrical conduit with 7 conductors and 12 -inch sweeps complete and in place. Item No. 22 Install Meyers Stainless Steel Cabinet/Base and Electrical Components: Work under this item shall include furnishing and installing Meyers Stainless Steel Cabinet/Base and Electrical Components, but not be limited to, pavement removal, excavation, temporary patching or plating, control of ground and surface water, backfill, compaction, disposal of excess excavated materials, and all other work necessary to adjust sewer install Meyers Stainless Steel Cabinet/Base and electrical components, per CNB STD -206 -L complete and in place. Item No. 23 Remove, Store and Reinstall Traffic Signs: Work under this item shall include removing, storing and reinstalling existing traffic signs and all other work necessary to remove, store and reinstall existing traffic signs complete and in place. Item No. 24 Adjust all Sewer Cleanouts to Grade: Work under this item shall include, but not be limited to, pavement removal, excavation, temporary patching or plating, control of ground and surface water, backfill, compaction, disposal of excess excavated materials, and all other work necessary to adjust sewer cleanouts to grade complete and in place. Item No. 25 Adjust Manholes to Grade: Work under this item shall include, but not be limited to, pavement removal, excavation, temporary patching or plating, control of ground and surface water, backfill, compaction, disposal of excess excavated materials, installation of grade rings, and all other work necessary to adjust manholes to grade complete and in place. Item No. 26 Construct P.C.C. Catch Basin: Work under this item shall include the construction of P.C.C. Catch Basins per CNB Std -300 -L including, but not limited to, pavement removal, exposing utilities in advance of work, excavation, temporary patching or plating, control of ground and surface water, backfill, compaction, disposal of excess excavated materials, installation of base, shaft, grade rings, manhole frames and covers, potholing of all existing utilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, and all other work necessary to construct the P.C.C. Catch Basins complete and in place. Item No. 27 Construct P.C.C. Junction Structures: Work under this item shall include, the construction of P.C.C. junction structures per CNB Std -310 -L including but not limited to, pavement removal, exposing utilities in advance of work, excavation, temporary patching or plating, control of ground and surface water, backfill, compaction, disposal of excess excavated materials, installation of base, shaft, grade rings, manhole 0 SP11 of 20 frames and covers, potholing of all existing utilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, and all other work necessary to construct the P.C.C. junction structure complete and in place. Item No. 28 Install 12 -inch RCP Storm Drain D -2000: Work under this item shall include furnishing and installing all pipe material including, but not limited to, potholing of all existing facilities, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, installation of pipe, installation of external joint sealer, placement of bedding, and crushed aggregate base, compaction, fittings, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work necessary to install complete and in place. Item No. 29 Install 12 -inch RCP Storm Drain D -2000 with Concrete Encasement: Work under this item shall include furnishing and installing all pipe material including, but not limited to, potholing of all existing facilities, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, installation of pipe, installation of external joint sealer, placement of bedding, and crushed aggregate base, encasement, compaction, fittings, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work necessary to install complete and in place. Item No. 30 Install 15 -inch RCP Storm Drain D -2000: Work under this item shall include furnishing and installing all pipe material including, but not limited to, potholing of all existing facilities, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, installation of pipe, installation of external joint sealer, placement of bedding, and crushed aggregate base, compaction, fittings, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work necessary to install complete and in place. Item No. 31 Install 15 -inch RCP Storm Drain D -2000 with Concrete Encasement: Work under this item shall include furnishing and installing all pipe material including, but not limited to, potholing of all existing facilities, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, installation of pipe, installation of external joint sealer, placement of bedding, and crushed aggregate base, encasement, compaction, fittings, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, 0 SP12 of 20 temporary and permanent support of utilities, disposal of excess excavation materials and all other work necessary to install complete and in place. Item No. 32 Install 18 -inch RCP Storm Drain D -2000: Work under this item shall include furnishing and installing all pipe material including, but not limited to, potholing of all existing facilities, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, installation of pipe, installation of external joint sealer, placement of bedding, and crushed aggregate base, compaction, fittings, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work necessary to install complete and in place. Item No. 33 Install 18 -inch RCP Storm Drain D -2000 with Concrete Encasement: Work under this item shall include furnishing and installing all pipe material including, but not limited to, potholing of all existing facilities, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, installation of pipe, installation of external joint sealer, placement of bedding, and crushed aggregate base, encasement, compaction, fittings, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work necessary to install complete and in place. Item No. 34 Install 24 -inch RCP Storm Drain D -2000: Work under this item shall include furnishing and installing all pipe material including, but not limited to, potholing of all existing facilities, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, installation of pipe, installation of external joint sealer, placement of bedding, and crushed aggregate base, compaction, fittings, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities including encasement of sewer lines at crossings, disposal of excess excavation materials and all other work necessary to install complete and in place. Item No. 35 Install 24 -inch RCP Storm Drain D -2000 with Concrete Encasement: Work under this item shall include furnishing and installing all pipe material including, but not limited to, potholing of all existing facilities, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, installation of pipe, installation of external joint sealer, placement of bedding, and crushed aggregate base, encasement, compaction, fittings, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities including encasement of sewer lines at crossings, disposal of excess excavation materials and all other work necessary to install complete and in place. SP13 of 20 Item No. 36 Install 16 -inch PVC, C -905, Water Main: Work under this item shall include furnishing and installing all pipe material including, but not limited to, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of pipe, fittings, couplings thrust blocks, potholing of all existing facilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work necessary to install complete and in place. Item No. 37 Install 12 -inch PVC, C -900, Water Main: Work under this item shall include furnishing and installing all pipe material including, but not limited to, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of pipe, fittings, couplings thrust blocks, potholing of all existing facilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work necessary to install complete and in place. Item No. 38 Install 8 -inch PVC, C -900, Water Main: Work under this item shall include furnishing and installing all pipe material including, but not limited to, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of pipe, fittings, couplings thrust blocks, potholing of all existing facilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work necessary to install complete and in place. Item No. 39 Install 6 -inch PVC, C -900, Water Main: Work under this item shall include furnishing and installing all pipe material including, but not limited to, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of pipe, fittings, couplings thrust blocks, potholing of all existing facilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work necessary to install complete and in place. Item No. 40 Install 16 -inch Ductile Iron Butterfly Valve: Work under this item shall include furnishing and installing a 16 -inch Ductile Iron Butterfly Valve including but not limited to, valve box and cover and valve extension all other work necessary to install 16 -inch Ductile Iron Butterfly Valve complete and in place. E 0 SP14 of 20 Item No. 41 Install 12 -inch Ductile Iron Butterfly Valve: Work under this item shall include furnishing and installing a 12 -inch Ductile Iron Butterfly Valve including but not limited to, valve box and cover and valve extension all other work necessary to install 12 -inch Ductile Iron Butterfly Valve complete and in place. Item No. 42 Install 8 -inch Ductile Iron Resilient Wedge Valve: Work under this item shall include furnishing and installing a 8 -inch Ductile Iron Resilient Wedge Valve including, but not limited to, valve box and cover and valve extension all other work necessary to install 8 -inch Ductile Iron Resilient Wedge Valve complete and in place. Item No. 43 Install 6 -inch Ductile Iron Resilient Wedge Valve: Work under this item shall include furnishing and installing a 6 -inch Ductile Iron Resilient Wedge Valve including, but not limited to, valve box and cover and valve extension all other work necessary to install 6 -inch Ductile Iron Resilient Wedge Valve complete and in place. Item No. 44 Install New Fire Hydrant Assembly: Work under this item shall include furnishing and installing a new fire hydrant assembly in accord with City of Newport Beach STD - 500 -L, including but not limited to fire hydrant, fire hydrant bury, valve, valve box and cast Iron traffic cover, valve extension, removal and replacement of existing sidewalk per CNB STD -180 -L and all other work necessary to install a new fire hydrant assembly complete and in place. Item No. 45 Temporary Water Main Bypass: Work under this item shall include the installation and removal of a temporary water main bypass and all other work necessary to install and remove of a temporary water main bypass complete and in place. Item No. 46 Pressure Test, Disinfect and Flush Water Main: Work under this item shall include successfully pressure testing, disinfecting and flushing the new water mains per the project specifications. 9 -3.2 Partial and Final Payment: Add to this section, "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE, MORTAR, AND RELATED MATERIALS 201 -5 CEMENT MORTAR 201 -5.6 Quick Setting Grout. Add to this section, "The Contractor shall grout the area between an existing reinforced concrete structure and the new storm drain pipe with a quick setting grout." SECTION 207 -- -PIPE 207 -2 REINFORCED CONCRETE PIPE (RCP) 0 SP15 of 20 207 -2.5 Joints. Add to this section, "All storm drain joints shall be sealed with an external joint sealer for Pre -cast concrete. The joint sealer shall consist of a reinforced collar composed of rubberized mastic formulated to bond into the pores of the concrete. The joint sealer shall also have embedded steel straps. The contractor shall use Mar Mac "Mac Wrap" or approved equal. Mar Mac Manufacturing Co. may be contacted at (800) 845 - 6962." 207 -9 IRON PIPE AND FITTINGS 207 -9.2 Ductile Iron Pipe for Water and Other Liquids 207 -9.2.3 Fittings. Add to this section, "Water main fittings shall be manufactured in accord with AWWA C110 (ANSI A21 -10) and a shall be ductile iron. Cast Iron fittings shall not be accepted. Compact body fittings (AWWA C153) will not be permitted unless otherwise specified. Mechanical joint fittings shall be manufactured in accord with AWWA C110 and shall have retainer glands. Retainer glands shall be Uni- Flange Block Buster Series 1390 Pipe Restraint device for PVC bell joints. All flanged pipe and fitting shall be shop fabricated, not field fabricated. Adapter flanges shall be ANSI B16.5 pattern, Class 150 flanges. Bolts and nuts for all installations shall be Type 316 stainless steel. Threads shall be coated with a liberal amount of anti -seize compound. Flange gaskets shall be full -faced Buna -N, nylon impregnated rubber." 207 -9.2.4 Lining and Coating. Revise this section to read, `The internal surfaces of ductile iron pipe and fittings used for water mains shall be lined with a uniform thickness of cement mortar the sealed with bituminous coating in accord with AWWA C104 (ANSI A21 -4). The outside surface of ductile iron pipe fittings shall be coated with bituminous coating 3 mils thick in accord with ANSI A 21.6 on ANSI A21.51." 207 -9.2.6 Polyethylene Encasement for External Corrosion Protection. Revise this section to read, "Ductile iron pipe fittings and valves buried underground shall be protected with plastic film wrap in accord with AWWA C105 (ANSI A 21.5). Wrap shall be loose 8 mil thick polyethylene." 207 -9.4 AWWA Butterfly Valves 207 -9.4.1 General: All butterfly valves shall be of the tight - closing, rubber -seat type, conforming to the design standards of ANSI /AWWA C504 latest revision, except where noted herein. Valves shall be bubble -tight at the rated pressure in either direction and shall be suitable for throttling service and /or operation after long periods of inactivity. Manufacturer shall be ISO 9001 Certified or have similar certification up and 0 0 SP16 of 20 above AWWA. All butterfly valves shall be from the same manufacturer. Valves shall be, K -FLO Wolverine Fig.506 (Class 150), or approved equal. All valve bodies shall be constructed of cast iron ASTM A126, Class B with ANSI B16.1 flange drilling. All valves to have 316 stainless steel exterior body bolts. Discs shall be of the concentric design. Valve discs shall be constructed of ductile iron ASTM A536, Grade 65 -45 -12 with a 316 stainless steel edge. Valves shall have a one piece through shaft of 18 -8 stainless steel, corresponding to the requirements of AWWA C504, latest revision. The shafts shall fasten to the disc by means of a threaded disc pin or through pin providing a positive leak proof connection of the shaft to the disc. Seats shall be simultaneously bonded and vulcanized to the body of the valve. All interior surfaces in contact with water, excluding stainless steel and disc shall be rubber lined or epoxy coated. Valves with the rubber seat located on the valve disc will not be permitted. Seats shall be designed so that no adjustments or maintenance is required. All shaft bearings shall be of the self - lubricating, corrosion - resistant, sleeve type. Bearings shall be designed for horizontal and /or vertical shaft loading. Shaft packing shall be self- adjusting and suitable for pressure or vacuum service. The flow path for valves shall be fully rubber lined. The valve disc shall be Fusion Bonded Epoxy Coated with an AWWA NSF -61 coating system or liquid epoxy on wetted interior surfaces 16 mils, holiday free. Exterior coating shall have 16 mils of liquid epoxy. All valves to be painted at the factory by the valve manufacture. All valves shall be hydrostatic and leak tested in accordance with ANSI /AWWA C504, latest revision with the following modification: Valves shall be tested and rated at 200 PSI to facilitate field system hydro -test. All valves to be tested with the actuator installed as a complete unit by the valve manufacture. Provide certified test reports with all valve shipments. Manufacturer furnishing valves shall present proof of compliance with ANSI /AWWA C504, latest revision. The valve actuators are to be installed and tested at the factory by the valve manufacture. All actuators to be provided with 316 stainless steel exterior body bolts. SECTION 214 - -- PAVEMENT MARKERS 214-4 NONREFLECTIVE PAVEMENT MARKERS. Add to this Section, "All new non - reflective pavement markers types A and AY shall be ceramic." 214 -5 REFLECTIVE PAVEMENT MARKERS. Add to this Section, "All new reflective pavement markers shall have glass- covered reflective faces or be 3M Series 290." 0 PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 0 SP17 of 20 300 -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, 1 ''Y2- inch" of the last sentence with the words, "two inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility 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 - 132 -AR- 8000." 302 -5.4 Tack Coat. Add to this section, "Prior to placing the asphalt concrete patches, a tack coat of Type SS -1h asphaltic emulsion at a rate not to exceed one- 0 0 SP18 of 20 tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." 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 and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. 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 -5.4 Joints 303 -5.4.1 General. Add to this section, 'The Contractor shall make a sawcut parallel to the centerline of the alley, 2 feet along each side of centerline, over the entire length of the alley. The Contractor may also sawcut the property lines, adjacent to the alley, in lieu of scoring the pavement along the property lines or constructing an edged cold joint. All sawcuts shall be made to a depth of 2 inches." 303 -5.5 Finishing 303 -5.5.1 General. Add to this section, 'The Contractor shall patch back A.C., P.C.C. and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color." 303 -5.5.2 Curb. Add to this section, 'The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer lateral and a chiseled "V -X" for 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." z 0 0 SP19 of 20 303 -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 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES. 310 -5.6 PAINTING TRAFFIC STRIPING, PAVEMENT MARKINGS, AND CURB MARKINGS 310 -5.6.6 Preparation of Existing Surfaces Modify and amend this section to read, "The Contractor shall remove all existing thermoplastic traffic striping and pavement markings prior to application of slurry seal by a method approved by the Engineer." 310 -5.6.7 Layout, Alignment, and Spotting Modify and amend this section to read, "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 1/2 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 Modify and amend this section to read, "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. Only one coat of paint is required when raised pavement markers will be applied directly over the paint lines. Paint for traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These paints shall be applied at 15 mils wet. If 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 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 w • • SP20 of 20 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 Amend this section with, 1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD - 902 -L. 2. The Contractor shall replace within fifteen days after resurfacing all raised pavement buttons and markers." PART 6 SECTION 600 - -- MODIFIED ASPHALTS, PAVEMENTS AND PROCESES 600 -2 CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENTS -WET PROCESS. 600 -2.1 Asphalt- Rubber 600 -2.1.1 General Add to this section: "Asphalt- rubber shall be type B." 600 -2.6 Asphalt- Rubber Hot Mix Gap- Graded 600 -2.6.3 Rolling Add to this section: "Asphalt- Rubber Hot Mix Gap Graded material shall be compacted at or above 290 degrees Fahrenheit. Due to this requirement, the Contractor shall maintain three large self - propelled, vibrating steel wheel rollers, in working condition, on site to facilitate the initial breakdown rolling and intermediate rolling. The third roller will act as a stand- by in case of breakdown by one of the other rollers. Rubber tire rollers are not permitted. A minimum relative compaction of 95% is required. For each percentile less that the required 95% compaction the unit price for Item No. 6, Construct 2 -Inch Thick Asphalt Rubber Overlay, will be reduced by 10 %. Any areas of roadway that does not have 90% relative compaction shall be removed, reinstalled and properly compacted at the Contract's sole expense." 600 -2.7 Asphalt- Rubber and Aggregate Membrane (ARAM) Surfacing or Interlayer. Add to this section: "Asphalt- rubber and aggregate membrane (ARAM) surfacing or interlayer shall be applied to the project." 0 APPROVED TO: Mayor and Members of the City Council FROM: Public Works Department December 12, 2000 CITY COUNCIL AGENDA ITEM NO. 14 SUBJECT: BALBOA BOULEVARD REHABILITATION FROM MEDINA WAY TO ADAMS STREET - AWARD OF CONTRACT NO. 3322 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Accept the withdrawal of the low bid from Gillespie Construction Inc., because of a computer error. 3. Award Contract No. 3322 to the second low bidder, All American Asphalt Inc., for the Total Bid Price of $1,076,395.50, and authorize the Mayor and the City Clerk to execute the contract. 4. Establish an amount of $107,000.00 to cover the cost of testing and unforeseen work. DISCUSSION: At 11:00 A.M on November 28, 2000, the City Clerk opened and read the following bids for this project: BIDDER Low Gillespie Construction Inc. 2 All American Asphalt Inc. 3 Griffith Company 4 Excel Paving TOTAL BID AMOUNT $ 836,515.50 $1,076,395.50 $1,141,610.25 $1,177,250.00 Corrected Bid Amount is $1,338,945.00 The low bidder, Gillespie Construction Inc. has requested to withdraw their bid from consideration due to an error made in bid preparation. The error was attributable to insufficient information being entered into a new computer generated spreadsheet used to determine Gillespie's estimate. As a result those costs associated with dewatering during underground pipeline installation were not included. Subject: Balboa Boulevard Iehabilitation from Medina Way to Adams Street • and of Contract No. 3322 December 12, 2000 Page: 2 The second low bidder's total bid amount is 13 percent above the Engineer's Estimate of $953,000.00. The disparity between estimated and bid amounts is attributed to the abundance of work available and the limited bidder response. The second low bidder, All American Asphalt Inc., possesses a General Classification "A" contractor's license as required by the project specifications. All American Asphalt Inc., has satisfactorily completed similar concrete repair projects for the City. The second phase of the reconstruction of Balboa Boulevard will replace a portion of the aging infrastructure of Balboa Peninsula. The work will include the construction of 2,100 linear feet of storm drains and 115 curb inlets, the installation of 2,200 linear feet of water main and the resurfacing of approximately 57,000 square feet of roadway. In addition 9,600 square feet of deteriorated and /or sub - standard sidewalk and curb access ramps will be replaced. The storm drain replacement will improve the drainage on Balboa Boulevard and eliminate the numerous ponding areas that result from storm and nuisance water. The construction of the new 16 -inch water main is intended to ultimately replace the existing undersized and corroded 1926 cast iron 14 -inch water main now in use. The existing 14 -inch water main is the main service line for the Balboa Peninsula. The roadway reconstruction will facilitate drainage by improving the cross slope of the roadway and eliminating those problems associated with numerous trench settlements, pavement cracking and settlement, and uplifted concrete roadway slabs, and providing a smoother, quieter ride for motorists. In order to minimize the inconvenience to the community the Contractor will not be allowed to start work until January 2, 2001. The Contractor will be allowed 85 working days to complete the project. Traffic control requirements will stipulate that two lanes, one lane in each direction, must remain open at all times. In addition left turns in the construction area will be limited to facilitate the flow of traffic. There are sufficient funds available in the following accounts for the work: Account Description Account Number Amount Gas Tax 7181- C5100399 $700,000.00 Water Distribution and Piping 7501- C5500386 $290,475.00 Storm Drain Improvement 7012- C5100008 $192,920.50 Total: $1,183,395.50 Subject: Balboa Boulevard RePabilitation from Medina Way to Adams Street — AaGard of contract No. 3322 December 12, 2000 Page: 3 Respectfully submitted �� , PUBCI�A70RKS DEPARTMENT Don Webb, Director By: Stepherf J. Luy Project Manager Attachment: Project Location Map Bid Summary Withdrawal Request 2 L) W m F.. 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O En. cc Eti v — u T - d > -e «`y A 'a ai mUUaa U U- U U N U E 0 0.a 00 N >> ciOU U U>> U U jy 3 a m D 0 D_ 0_ D: ¢ m ¢ ¢ m o: ✓. ¢ ¢ m a n. > > 00 > > d m 0 a d `N 0 0 3` an d x x ` tiN. c W b to c w 0'D u W M N a c% N W OD iD iD 00 iD d Z - a m v m w > 0 m U U < ? U A A m m m m m A 0 = VI N 'D E VU ;N ;N U E �n c m ¢ ¢¢ U U c c E.S a C C a c c c C C C c C C a m -Dn mrno Nmv �e Li N N N"N NN N N M mm M M M m M O a a s O a OD m M ti r E E N m m V d m N n 6 N N r I � 0 tvEwponT CQ CAI IQ^ f'-7frA it - O PACIFIC Symbol Legend 00, Water Main 4�-Ilv Storm Drain CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BLVDJCORONADO ST. IMPROVEMENT PLANS MEDINA WAY TO ADAMS ST. DRAWN --±—L- APPROVED Qk C-3322 DATE 1-20-0o DRAWING NO- R-5741 -S I 12/01/00 FRI 12:58 FA] 7144$0 1148 GCI CONSTRUCTION,INC. CITY OF NEWPORT BEACH PUBLIC WORKS DIRECTOR Mr. Don Webb 3300 Newport Blvd. Newport Beach, CA 92658 (949) 644 -3311, FAX (949) 644 -3308 GCI CONSTRUCTION INC0 Z002 GCI CONSTRUCTION, INC. General Engineering Contractor Lic. No. 755356 Date: December 1, 2000 Re: Balboa Blvd. Rehabilitation From Medina Way to Adams Street Bid Proposal Dear Mr. Webb, On November 28, 2000 at 11:00am GCI Construction, Inc. was the apparent low bidder on the project noted above. Unfortunately, this was the first project to bid with our new automated computer program and after reviewing our bid spreadsheet there was a failure in entering all of the cost from the separate work sheets to the master bid spreadsheet for dewatering of all the underground work. Given this discovery we regretfully request that we be allowed to withdraw our bid proposal at this time. Should you have any questions regarding this matter please contact our office. Thank you, GCI Construction, Inc. Floyd Bennett Secretary Treasurer 245 FISCHER AVENUE, STE. B -3, COSTA MESA, CALIFORNIA 92626 (714) 957 -0233 FAX (714) 540 -1148 9 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 December 27, 2000 Excel Paving Company P.O. Box 16405 Long Beach, CA 90806 -5195 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Boulevard Rehabilitation from Medina Way to Adams Street (Contract No. 3322) 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 46 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 December 27, 2000 GCI Construction, Inc. 245 Fischer Avenue, B3 Costa Mesa, CA 92626 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Boulevard Rehabilitation from Medina Way to Adams Street (Contract No. 3322) 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 December 27, 2000 Griffith Company 2020 South Yale Street Santa Ana, CA 92704 -3974 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Boulevard Rehabilitation from Medina Way to Adams Street (Contract No. 3322) 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