HomeMy WebLinkAboutC-3334 - Eastbluff Park Walkway Reconstruction, Phase II0
February 26, 2003
4 -Con Engineering, Inc.
14771 Washington Drive
Fontana, CA 92334
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
LaVonne M. Harkless, CMC
Subject: Eastbluff Park Walkway Reconstruction, Phase II (C -3334)
To Whom It May Concern:
On February 26, 2002, 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 April 15, 2002. The Surety for the
contract is Great American Insurance Company, and the bond number is
F56539820. Enclosed is the Faithful Performance Bond.
Sincerely,
LaVonne M. Harkless, CMC
City Clerk
LMH:Iib
cc: Public Works Department
Fong Tse, Project Manager
enclosure
3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915
Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us
0
EXECUTED IN FOUR COUNTERPARTS
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
0
EASTBLUFF PARK WALKWAY RECONSTRUCTION, PHASE 11
CONTRACT NO. 3334
BOND NO. FS6539820
FAITHFUL PERFORMANCE BOND
PAGE 16
The premium charges on this Bond is $ 1,221.00
being at the rate of $ 10.80 thousand of the Contract price.
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, awarded to 4 -Con Engineering, Inc., hereinafter designated as the "Principal ", a
contract for construction of EASTBLUFF PARK WALKWAY RECONSTRUCTION, PHASE II,
Contract No. 3334 in the City of Newport Beach, in strict conformity with the plans, drawings,
specifications, and other Contract Documents maintained in the Public Works Department of the
City of Newport Beach, all of which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute Contract No. 3334 and the
terms thereof require the furnishing of a Bond for the faithful performance of the Contract;
NOW, THEREFORE, we, the Principal, and GREAT AMERICAN INSURANCE COMPANY
duly authorized to transact business under the laws of the State of California as
Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the
sum of one hundred thirteen thousand fifteen and 001100 Dollars ($113, 015.00) lawful money
of the United States of America, said sum being equal to 100% of the estimated amount of the
Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment
well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors,
or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's
heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep
and perform any or all the work, covenants, conditions, and agreements in the Contract
Documents and any alteration thereof made as therein provided on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to its true
intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach,
its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the
same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall
become null and void.
W
PAGE 17
As a part of the obligation secured hereby, and in addition to the face amount specified in
this Performance Bond, there shall be included costs and reasonable expenses and fees,
including reasonable attorneys fees, incurred by the City, only in the event the City is required to
bring an action in law or equity against Surety to enforce the obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the work to be performed thereunder or
to the specifications accompanying the same shall in any way affect its obligations on this Bond,
and it does hereby waive notice of any such change, extension of time, alterations or additions of
the Contract or to the work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal in full
force and effect for one (1) year following the date of formal acceptance of the Project by the City.
In the event that the Principal executed this bond as an individual, it is agreed that the
death of any such Principal shall not exonerate the Surety from its obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named, on the25TH day of OCTOBER , 2001.
4 -Con Engineering, Inc. (Principal)
GREAT AMERICAN INSURANCE COMPANY
Name of Surety
750 THE CITY DRIVE SOUTH #,300
ORANGE, CA 92868
AUEho ' n�} urel��le �
,�' 111.
Signature
KELLY A. SAITMAN ATTORNEY -IN -FACT
Address of Surety Print Name and Title
714/740 -2400
Telephone
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
CALIFORNIA ALL - PURPOSE ACKVLEDGEMENT 0
State of California
ss.
County of San Bernardino
On before me, ^Janet L. Miller, Notary Public
Name and Title of Officer (e.g., "Jane Doe, Notary Public')
Personally appeared Kelly A. Saitman
Namets) of Signers)
❑ personally known to me
x proved to me on the basis of satisfactory evidence
to be the personnXwhose name/ is /344 subscribed to the
within instrument and acknowledged to me thatpfe /shelgitry
executed the same in _fk /her /tXtr authorized capacityKs),
and that by
_* /her /tpeir signatureX on the instrument the
AN L7 L. M L L E 4 perso"54 or the entity upon behalf of which the personA
Commission`; 311322 l
acted, executed the instrument.
San
yc, -m-,, *_- ilia- t Jul 2Q,aG!::i? WITNESS my hand and official seal.
LA
�� S7 nat r f NotSry Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent
removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
O Individual
O Corporate Officer
Title
0 Partner -- 0 Limited O General
X Attorney -in -Fact
O Trustee
• Guardian or Conservator
• Other:
Signer is Representing:
Number of Pages:
Top of thumb here
State of California
County of San Bernardino
On October 26 2001 before me, Cruz R. Borrero Notary Public
ate fTme�� eel of6 1cer e.g., ane Doe, Notary Public")
Personally appeared Richard J. Garabedian ,
Name(s) at igner s
CRUZ R. 80RRERp
Comrnissian M 1 169954
Notary Public - Coltfomb
Los Angeles County
0! 011111111PM
6MYCOMM. EVires Jon 78.2002
® personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the persons) whose name(a) isfere subscribed to the
within instrument and acknowledged to me that he%hekhey
executed the same in hislshefthep authorized capacityfk*,
and that by his/sheAhey signatureW on the instrument the
personal, or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
ignat e o ry 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
Document Date: October 25 2001 Number of Pages: 2
Signer(s) Other Than Named Above: Kelly A. Saitman
Capacity(ies) Claimed by Signer(s)
Signer's Name: Richard J. Garabedian
■
Individual
Corporate Officer
Title(s): President
Partner -- ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer is Representing:
4 -Con Engineering, Inc.
Signer's
e■
Individual
Corporate Officer
Title(s):
Partner -- ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer is Representing:
April 15, 2002
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
4 -Con Engineering, Inc.
14771 Washington Drive
Fontana, CA 92334
Subject: Eastbluff Park Walkway Reconstruction, Phase II (C -3334)
To Whom It May Concern:
On February 26, 2002, the City Council of Newport Beach accepted the work of
the subject project and authorized the City Clerk to file a Notice of Completion,
to release the Labor & Materials Bond 35 days after the Notice of Completion had
been recorded in accordance with applicable portions of the Civil Code, and to
release the Faithful Performance Bond one year after Council acceptance.
The Notice of Completion was recorded by the Orange County Recorder on
March 14, 2002, Reference No. 20020212889. The Surety for the contract is Great
American Insurance Company, and the
the Labor & Materials Payment Bond.
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
LMH:Iib
cc: Public Works Department
Fong Tse, Project Manager
encl.
bond number is FS6539820. Enclosed is
3300 Newport Boulevard, Newport Beach
0 0
EXECUTED IN FOUR COUNTERPARTS
PAGE 14
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
EASTBLUFF PARK WALKWAY RECONSTRUCTION, PHASE II
CONTRACT NO. 3334
BOND NO. FS6539820 PREMIUM INCLUDED IN PERFORMANCE BOND
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, has awarded to 4 -Con Engineering, Inc., hereinafter designated as the "Principal," a
contract for construction of EASTBLUFF PARK WALKWAY RECONSTRUCTION, PHASE II,
Contract No. 3334 in the City of Newport Beach, in strict conformity with the plans, drawings,
specifications and other Contract Documents in the office of the Public Works Department of the
City of Newport Beach, all of which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute Contract No. 3334 and the
terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's
subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon,
for, or about the performance of the work agreed to be done, or for any work or labor done
thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, We the undersigned Principal, and,
REAT AMERICAN INSURANCE COMPANY duly authorized to
transact business under the laws
State to
herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of
one hundred thirteen thousand fifteen and 00 /100 Dollars ($113, 015.00) lawful money of
the United States of America, said sum being equal to 100% of the estimated amount
payable by the City of Newport Beach under the terms of the Contract; for which
payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these present.
of the
to of California as Surety (referred
, ,
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's
subcontractors, fail to pay for any materials, provisions, or other supplies, implements or
machinery used in, upon, for, or about the performance of the work contracted to be done, or for
any other work or labor thereon of any kind, or for amounts due under the Unemployment
Insurance Code with respect to such work or labor, or for any amounts required to be deducted,
withheld and paid over to the Employment Development Department from the wages of
employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment
Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an
amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce
the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by
the provisions of Section 3250 of the Civil Code of the State of California.
PAGE 15
The Bond shall inure to the benefit of any and all persons, companies, and corporations
entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action
to them or their assigns in any suit brought upon this Bond, as required by and in accordance with
the provisions of Sections 3247 et. seq. of the Civil Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alterations or additions to the terms of the Contract or to the work to be performed
thereunder or the specifications accompanying the same shall in any wise affect its obligations on
this Bond, and it does hereby waive notice of any such change, extension of time, alterations or
additions to the terms of the Contract or to the work or to the specifications.
In the event that any principal above named executed this Bond as an individual, it is
agreed that the death of any such principal shall not exonerate the Surety from its obligations
under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above named
Principal and Surety, on the 25TH day of OCTOBER 2001.
4 -Con Engineering, Inc. (Principal)
GREAT AMERICAN INSURANCE COMPANY
Name of Surety
750 THE CITY DRIVE SOUTH 1300
ORANGE, CA 92868
KELLY A. SAITMAN ATTORNEY -IN -FACT
Address of Surety Print Name and Title
714/740 -2400
Telephone
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
CALIFORNIA ALL - PURPOSE ACKWLEDGEMENT
•
State of California
SS.
County of San Bernardino
On ���f before me, Janet L. Miller, Notary Public
Name and Title of Officer (e.g., "Jane Doe, Notary Public")
Personally appeared Kell .y A. Saitman
Name(s) of Signers)
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent
removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signers Name: _
❑ Individual
O Corporate Officer
Title
O Partner -- O Limited O General
X Attorney -in -Fact
O Trustee
O Guardian or Conservator
O Other:
Signer is Representing:
Number of Pages:
Top of thumb here
❑ personally known to me
x proved to me on the basis of satisfactory evidence
to be the personXwhose name/ is /isi,4 subscribed to the
within instrument and acknowledged to me that Ve /she / *y
executed the same inpis /her /tWir authorized capacity) s),
and that by /her /tXiir signatureW on the instrument the
T L U'ILLER
jbis
person�j, or the entity upon behalf of which the personJ%j
.Commission S 1311029 ,
acted, executed the instrument.
P-1
tlota j Yubk - Callfol'nla y San Ecrnardlnu County
tih cr,m. _r r>sJu,zD,irns
WITNESS my hand and official seal.
Vgnatu a of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent
removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signers Name: _
❑ Individual
O Corporate Officer
Title
O Partner -- O Limited O General
X Attorney -in -Fact
O Trustee
O Guardian or Conservator
O Other:
Signer is Representing:
Number of Pages:
Top of thumb here
0 0
GUM AIWRICAN INSURANCE COMPANY*
580 WALNUT STREET • CINCINNATI, OHIO 45202 9 513.369 -5000 • FAX 513 - 723 -2740
The number of persons authorized by
this power of attorney is not more than No. 0 13970
FOUR POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized
and eslsting under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below
as true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds.
,undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any
such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name Address Limit of Power
JAY P. FREEMAN ALL OF ALL
KELLY A. SAITMAN ONTARIO, UNLIMITED
DONALD R. DES COMBES CALIFORNIA
JONET f MILLER
This ower o Attorney revokes all previous powers issued in behalf of the attorney(s) -in -fact named above.
IN WITNESS W HEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by
its appropriate officers and its corporate seal hereunto affixed this 26TH day of JULY I 2000
Attest
STATE OF OHIO, COUNTY OF HAMILTON — ss:
GREAT AMERICAN INSURANCE COMPANY
On this 26TH day of JULY, 2000 , before me personally appeared DOUGLAS R. BOWEN, to me
known. being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of Great
American Insurance Company, the Company described in and which executed the above instrument, that he knows the seal: that it was so affixed
by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authorin.
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American
Insurance Company by unanimous written consent dated March 1, 1993.
RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or anv one of them, be
and hereby is authorized, from time to time, to appoint one or more Attorne vs -In -Fact to execute on behalf of the Company, as s uret t, any and all
bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof..- to prescribe their respective duties and the
respective limits of their authority, and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant
.Secretary of the Company may be affixed by facsimile to any, power of attorney or certificate of either given for the execution of anv bond,
undertaking contract orsuretyship, or other written obligation in the nature thereof. such signa ture and seal when so used being hereby, adopted b v
the Company as the original signature ofsuch officer and the original seal of the Company, to be valid and binding upon the Company with the
same force and effect as though manually affixed.
CERTIFICATION
1, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of
.Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect.
Signed and sealed this 25TH day of OCTOBER
S1029S(11197)
2001
�1 r.n Lf nt 5c .:: r. •:rn
State of California
County of San Bemardino
On October 26 2001 before me, Cruz R. Borrero %-.07 tary Public
ae a—ean `6lricer e.g., ana oe, glary u61ic
Personally appeared Richard J. Garabedian me ,
a s o ner �g s
�r n%
.0
® personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(e) whose name(e) We% subscribed to the
within instrument and acknowledged to me that heisheAhey
executed the same in hisfsheAkey authorized capacityfiee),
and that by his/eF aAhey signature(e) on the instrument the
personal, or the entity upon behalf of which the person(e)
acted, executed the instrument.
WITNESS my hand and official seal.
C'bignature or awry is
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 forth to another document.
Description of Attached Document
Title or Type of Document: Labor and Materials Bond
Document Date: October 25, 2001 Number of Pages: 2
Signer(s) Other Than Named Above: Kelly A Saitman
Capacity(ies) Claimed by Signer(s)
Signer's Name: Richard J. Garabedian
■
►@4
IMME
Individual
Corporate Officer
Title(s): President
Partner -- ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer is Representing:
4 -Con Engineering, Inc.
Signer's Name: N/A
■
Individual
Corporate Officer
Title(s):
Partner -- ❑ Limited ❑ General
Attomey -in -Fact
Trustee
Guardian or Conservator
Other:
Signer is Representing:
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
ds,
County of orange
official Recor der
Recorded in
Grarraille, Clerk-Recor
Gary
IIIIIIIIIIIII��llllllllllhll2111121 811a19111�1g113D41a1m 03I14IO2
2 02 0 00 0.00
0 0064 10 1 0.00 0 oo 0.00
"Exempt from f
pursuant to Government Code recording Sectiees on 6103"
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard,
Newport Beach, California, 92663, as Owner, and 4 -Con Engineering of Fontana,
California, as Contractor, entered into a Contract on October 23, 2001. Said Contract set
forth certain improvements, as follows:
Eastbluff Park Walkway Reconstruction, Phase II,
C -3334
Work on said Contract was completed on January 22, 2002, and was found to be
acceptable on February 26, 2002, by the City Council. Title to said property is vested in
the Owner, and the Surety for said Contract is Great American Insurance Company.
By
Public Works Director
City.of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
Executed on ' �� rv1' /� 7 wo 2 at Newport Beach, California.
BY (�SrLUBIL>`4 "�
City Clerk CD
�7
�rn N
Fri
rt;
K-
V
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February 26, 2002
CITY COUNCIL AGENDA
ITEM NO. s
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: EASTBLUFF PARK WALKWAY RECONSTRUCTION, PHASE II,
CONTRACT NO. 3334 — COMPLETION AND ACCEPTANCE
RECOMMENDATIONS:
1. Accept the work.
2. Authorize the City Clerk to file a Notice of Completion.
FEB ? h "IOU?
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 October 23, 2001, the City Council authorized the award of the Eastbluff Walkway
Reconstruction, Phase II to 4 -Con Engineering Inc. of Fontana, California. This contract
provided replacement of approximately 16,000 square feet of deteriorated asphalt
concrete walkway with a 5 -inch thick concrete walkway and the installation of fiberglass
drainage channels and drain grates at two locations where the walkway crossed over
an existing concrete drainage channel. Additionally, twenty -four curb access ramps
were constructed along Vista Del Oro from Vista Entrada to Vista Ornada.
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: $113,105.00
Actual amount of bid items constructed: 113,815.00
Total amount of change orders: 0.00
Final contract cost: $ 113,815.00
The final overall construction cost was 0.63 percent over the original bid amount due to
additional sidewalk construction. No change orders were written for the project.
SUBJECT: Eastbluff Park Walkwayanstruction, Phase: II - Contract No. 334 - Complet 61nd Acceptance
February 26, 2002
Page 2
Funds for the project were budgeted in the following accounts:
Description Account No. Amount
Eastbluff Park Walkway Replacement, Phase II 7015- C3130554 $104,945.00
Eastbluff Park Walkway Replacement, Phase II 7181- C5100544 8,870.00
Total: $113,815.00
All work was completed by the scheduled completion date of January 22, 2002.
Respectfully submitted,
—PUBLIC WORKS DEPARTMENT
Stephen G. Badum, Director
By.
R. Gunther, P.E.
Construction Engineer
1, • .
4 CITY OF NEWPORT BEACH CITY CLERK
NOTICE INVITING BIDS
Sealed bids may be received at the office of the City Clerk,
3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915
until 11:00 a.m. on the 10th day of October, 2001,
at which time such bids shall be opened and read for
EASTBLUFF PARK WALKWAY RECONSTRUCTION, PHASE II
Title of Project
Contract No. 3334
$100,000
Engineer's Estimate
,Oen G. Badum
is Works Director
Prospective bidders rnfay obtain one set of bid documents at actual
cost at the office of the Public Works Department, 3300 Newport
Boulevard, Newport Beach, CA 92663.
Contractor License Classification(s) required: "A" or "C -8"
For further information, call Fong Tse, Project Manager at (949) 644- 3340
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
EASTBLUFF PARK WALKWAY RECONSTRUCTION, PHASE II
CONTRACT NO. 3334
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 -Con Engineering, Inc.
PAGE 1
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTME—NIT
EASTBLUFF PARK WALKWAY RECONSTRjCTION, PHASE II
CONTRACT NO. 3334
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 c:r cashier's check (sum not less ti f:: i tota! bid price)
may be received in !ieu of the BIDDER'S BOND. The of ti,e me _ct and the words
"Sealed Bid" shall be clearly marked on the v), site of the er. -taupe coNa rJnr? tha c,;c r:;oct <.
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 buc .-ss 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 .'.:,t be held responsible for bidder
errors and omissions in the PROPOSAL.
7. The City of Newport Beach reserves the oght to rcJ .... any or all !adds F:-,d to v,,aive
any minor irregularity or informality in such bids. Pursuant to Public Contract Code
Section 22300, at the request and expense of the::;ontractor, securities shall he
permitted in substitution of money withheld by the Cite to ensure performance under
the contract. The securities shall be deposited in a ;.,ate or federal chartered bank
in California, as the escrow agent.
4*W Eua®nleeri ng,. I'm.
PAGE 2
8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial
Relations has ascertained the general prevailing rate of per diem wages in the locality in which
the work is to be performed for each craft, classification, or type of workman or mechanic
needed to execute the contract. A copy of said determination is available in the office of the
City Clerk. All parties to the contract shall be governed by all provisions of the California
Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive).
9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5
of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public
Contracts Code, "Subletting and Subcontracting Fair Practices Act ".
10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the
bidder. For corporations, the signatures shall be of a corporate officer or an individual
authorized by the corporation. For partnerships, the signatures shall be of a general partner.
For sole ownership, the signature shall be of the owner.
The signature below represents that the above has been reviewed.
Contractor's License No. & Classification
620 W Cap G-la✓c CifJ Al -5�C
Bidder
jAuth zed Signature/Title ;P46SAD�
Imo,- d- c>i
Date
-Con Engineering, Inc.
PAGE 3
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
EASTBLUFF PARK WALKWAY RECONSTRUCTION, PHASE II
CONTRACT NO. 3334
BIDDER'S BOND
We, the undersigned Principal and Surety, our successors and assigns, executors, heirs
and administrators, agree to be jointly and severally held and firmly bound to the City of
Newport Beach, a charter city, in the principal sum of TFN PFRr.FNT OF MINT BTD**
Dollars M 10% OF A.YM BID*J, to be paid and forfeited to the City
of Newport Beach if the. bid proposal of the undersigned Principal for the construction of
EASTBLUFF PARK WALKWAY RECONSTRUCTION, PHASE It, Contract No. 3334 in the City
of Newport Beach, is accepted by the City Council of the City of Newport Beach and the
proposed contract is awarded to the Principal, and the Principal fails to duly enter into and
execute the Contract Documents for the construction of the project in the form required within
ten days (10) (not including Saturday, Sunday, and federal holidays) after the date of the
mailing of Notice of Award; otherwise this obligation shall become null and void.
If the undersigned Principal executing this Bond is executing this Bond as an individual,
it is agreed that the deatn of any such Principal shall not exonerate the Surety from its
obligations under this Bond_
Witness our hands this 8TH day of
4-CON ENGINEERING, INC.
Name of Contractor (Principal)
GRUT AMERICAN INSURANCE GONPANY
Name of Surety
750 THE CITY DRIVE SOUIIi #300 ORANGE, CA 92868
Address of Surety
714/740-2400
Telephone
'ute�
Authorized
KELLY A. SAITMr1N ATTORNEY -IU -FACT
Print Name and Title
(Notary acknowledgment of Principal & Surety must be attached)
CALIFORNIA ALL- PURPOSE ACKN EDGEMENT
41&n Engineering. Inc.
State of California \
/) SS.
County of San GBernardino
On /� f Q�(�� before me, _Janet L. Miller, Notar!r Public
Name and Title of Officer (e.g.. "Jane Doe, Notary Public ")
Personally appeared Kelly A. Saitman
Names) of Signer(s)
❑ personally known to me
x proved to me on the basis of satisfactory evidence
to be the personf,%) whose nameX is /ar6 subscribed to the
within instrument and acknowledged to me that/e /she /�y
executed the same in pis /hedtpdir authorized capacityKs),
_ and that by jbis /her /ter signatureje) on the instrument the
AN ET r. Miry �R f person1A, or the entity upon behalf of which the persorl(61
Commission # 1311029 acted, executed the instrument.
Q°a Notary Public - California
San Berna no county WITNESS my hand and official seal.
My Con im. Expires Jul 20, 2
Z-, i r
22
JSignature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent
removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
O Individual
O Corporate Officer
Title
O Partner -- O Limited O General
X Attorney -in -Fact
0 Trustee
• Guardian or Conservator
• Other:
Signer is Representing:
Number of Pages:
Top of thumb here
0 0 4 -Con Engieffing. Inc -10
GUM INSURMCE COMBMWO
580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513- 369 -5000 • FAX 513 - 723 -2740
The number of persons authorized by
this power of attorney is not more than No. o L3970
FOUR POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN 1NSU RAN CF COMPANY, a corporation organised
and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the peraon or persons named below
its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company. as surety, ani and all bond <.
undertakings and contracts of suretyship, or other written obligations in the nature thereof: provided that the liabilip of the .aid Company on an\
such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name Address Limit of Power
JAY P. FREEMAN ALL OF ALI.
KELLY A. SAITMAN ONTARIO, UNLIMITED
DONALD R. DES COMBES CALIFORNIA
JANET T MILLER
This ower o Attorney revokes all previous powers issued in behalf of the attorney(s) -in -fact named above.
IN WITNESS W HEREOFthe GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by
its appropriate officers and its corporate seal hereunto affixed this 26TH day of JULY 2000
Attest
STATE OF OHIO, COUNTY OF HAMILTON — ss:
GREAT AMERICAN INSURANCE COMPANY
On this 26TH day of JULY, 2000 , before me personally appeared DOUGLAS R. BOWEN', to me
known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of Great
American Insurance Company, the Company described in and which executed the above instrument: that he knows the seal: that it was so affixed
by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority.
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American
Insurance Company by unanimous written consent dated March I, 1993.
RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, oranr one of them. be
and hereby is authorized, from time to time, to appoint one ormore.4 ttornevs -ln -Fact to execute on behalfof the Comnam. as surety, anvand all
bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, to pre Bribe theit respects e dories and the
respective limits of their authority: and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the albresaid officer.., and any S'ecretary or .Assistant
Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond.
undertaking. contract orsuretyship. or other written obligation in the nature thereof, such signature and seal when so used being hercbvadopted bt
the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the CompanY with the
same force and effect as though manually al'J'ixed.
CERTIFICATION
1, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of
Attorney and the Resolutions of the Board of Directors of March I, 1993 have not been revoked and are now in full force and effect.
Signed and sealed this 8TH day of OCTOBER 2001
510295111/971
State of California
County of San Bernardino
On October 9 2001 before me, Cruz R. Borrero Notary Public
ate amean eeo — e.g.,'Jane uoe, Notary Pubfc"�
Personally appeared Richard J. Garabedian
Name(s) o igner s
® personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the personal whose nameW is/are subscribed to the
within instrument and acknowledged to me that heiehekhey
CRUZ RR.BOMM executed the same in his{ehekhey authorized capacityfiee),
Er!7 Nl # 116"35 and that by hWisheAhey signatureW on the instrument the
Notary Public- CaRi'omlp personfe), or the entity upon behalf of which the person(O
LIELOS Angeles County acted, executed the instrument.
A
MyComm. F>�k%Jan 18.200¢
WITNESS JJmy hand and official seal.
na ur o Notary o uTi�
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: Bidder's Bond
Document Date: October 8, 2001 Number of Pages: 1
Signer(s) Other Than Named Above: Kelly A. Saitman
Capacity(ies) Claimed by Signer(s)
Signer's Name: Richard J. Garabedian
■
Individual
Corporate Officer
Title(s): President
Partner -- ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer is Representing:
4 -Con Engineering, Inc.
Signer's N
e■
Individual
Corporate Officer
Title(s):
Partner -- ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer is Representing:
CITY OF NEWPORT BEACH
PUBLIC WORKS DEV ARTMENT
won Engineering, Inc.
PAGE 4
EASTBLUFF PARK WALKWAY RECONSTRUCTION, PHASE II
CONTRACT NO, 3334
DESIGNATION OF SUBCONTRACTOR(S)
State law requires the listing of afl 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, ceriifies that bids from the following
subcontractors have been used in formulating the bid or the project and that thy. =r Fzut.:ontractors
will be used subject to the approval of the Englnccr 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
1. No Mr
2.
3.
4.
5.
6.
7.
8.
9.
10. .
7' Oo�,j 66-1 Pv &Zr/UAJ
Bidder
Subcon +;_;___or
Address
Sin re/Title
t Won Engineering, Inc.
PAGE 5
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
EASTBLUFF PARK WALKWAY RECONSTRUCTION, PHASE II
CONTRACT NO. 3334
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 Person Telephone
Completed Name /Agency To Contact Number
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4 -qV Engineering. Inc.
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
EASTBLUFF PARK WALKWAY RECONSTRUCTION, PHASE II
CONTRACT NO. 3334
NON - COLLUSION AFFIDAVIT
State of California )
? ) ss.
County ofJ.w.�N.wac r7
IJs[elw.
1?,AA@sm ,/- [931xA8 "1AA1 bein�g$ firs duly sworn, deposes and says that he or she is
r of Y �A'a 64AMEg1 zN rd�., the party making the
foregoing bid; that the bid is not made in the interest of. o. on behalf of, any undisclosed person,
partnership, company, associa.:un, crgan!rtion, or C..,;.•: ration; tr,.., the Lo is genuine and not
collusive or sham; that party making the foregcine bid', t`-,at 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 biddi:-;�: ;:at 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.
`T� �✓ �ata �/✓U 1�i�. t �SicL�x/�
Bidder / `ho i edd SSa re/Tit e .
Subscribed and sworn to before me this day of Q� —o 2001.
�I [SEAL]
fV tarry Public
My Commission Expirey %�✓ /� a0o�
CRUZ IL BOWARO
Commts w B 1169955
Notary Pvo is - Coi famia
Los Angeles County
My Conn. EVkes Jars 1:812
0
46on Engineering, Inc.
PAGE 7
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
EASTBLUFF PARK WALKWAY RECONSTRUCTION, PHASE II
CONTRACT NO. 3334
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 tc reviev: their content with bonding, insuring and legal agents
prior to submission of bid. Ccitificaic(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 bidcer.
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.
• • PAGE 7
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
EASTBLUFF PARK WALKWAY RECONSTRUCTION, PHASE II
CONTRACT NO. 3334
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.
PAGE 8
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
EASTBLUFF PARK WALKWAY RECONSTRUCTION, PHASE II
CONTRACT NO. 3334
CONTRACT
THIS AGREEMENT, entered into this 23 day of October, 2001, by and between the CITY OF
NEWPORT BEACH, hereinafter "City," and 4 -Con Engineering, Inc., hereinafter
"Contractor," is made with reference to the following facts:
WHEREAS, City has advertised for bids for the following described public work:
EASTBLUFF PARK WALKWAY RECONSTRUCTION, PHASE II
Project Description
3334
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. 3334, Standard Specifications for Public
Works Construction (current adopted edition and all supplements) and this Agreement,
and all modifications and amendments thereto (collectively the "Contract Documents').
The Contract Documents comprise the sole agreement between the parties as to the
subject matter therein. Any representations or agreements not specifically contained in
the Contract Documents are null and void. Any amendments must be made in writing,
and signed by both parties in the manner specified in the Contract Documents.
B. SCOPE OF WORK Contractor shall perform everything required to be performed, and
shall provide and furnish all the labor, materials, necessary tools, expendable equipment
and all utility and transportation services required for the Project:
All of the work to be performed and materials to be furnished shall be in strict accordance
with the provisions of the Contract Documents. Contractor is required to perform all
activities, at no extra cost to City which are reasonably inferable from the Contract
Documents as being necessary to produce the intended results.
• • PAGE 9
C. COMPENSATION As full compensation for the performance and completion of the
Project as required by the Contract Documents, City shall pay to Contractor and
Contractor accepts as full payment the sum of one hundred thirteen thousand fifteen
and 00/100 Dollars ($113, 015.00).
This compensation includes:
(1) Any loss or damage arising from the nature of the work,
(2) Any loss or damage arising from any unforeseen difficulties or obstructions in the
performance of the work,
(3) Any expense incurred as a result of any suspension or discontinuance of the work, but
excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the
Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance
of the work by City.
D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before
making its final request for payment under the Contract Documents, Contractor shall
submit to City, in writing, all claims for compensation under or arising out of this Contract.
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Contract except those previously made in writing
and identified by Contractor in writing as unsettled at the time of its final request for
payment.
E. WRITTEN NOTICE Any written notice required to be given under the Contract
Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid,
directed to the address of Contractor and to City, addressed as follows:
CITY
City of Newport Beach
Public Works Department
3300 Newport Boulevard
Newport Beach, CA 92663
Attention: Fong Tse
(949) 644 -3340
4 -Con Engineering, Inc.
14771 Washington Drive
Fontana, CA 92334
909 - 427 -1177
F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract,
hereby certifies:
"I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or undertake self -
insurance in accordance with the provisions of the Code, and I will comply with such
provisions before commencing the performance of the work of this Contract."
G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less
than A:VII and insurers must be a California Admitted Insurance Company.
Contractor shall furnish City with certificates of insurance and with original
endorsements effecting coverage required by this Contract. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by that
• PAGE 10
insurer to bind coverage on its behalf. All certificates and endorsements are to be
received and approved by City before work commences. City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by Contractor, his agents,
representatives, employees or subcontractors. The cost of such insurance shall be
included in Contractor's bid.
1. Minimum Scope of Insurance
Coverage shall be at least as broad as:
a) Insurance Services Office Commercial General Liability coverage "occurrence"
form number CG 0001 (Edition 11185) 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.
•
4. Other Insurance Provisions
• PAGE 11
The policies are to contain, or be endorsed to contain, the following provisions:
a) General Liability and Automobile Liability Coverages
City, its officers, officials, employees and volunteers are to be covered as
additional insureds as respects: liability arising out of activities performed by
or on behalf of Contractor, including the insured's general supervision of
Contractor; products and completed operations of Contractor; premises
owned, occupied or used by Contractor; or automobiles owned, leased, hired
or borrowed by Contractor. The coverage shall contain no special limitations
on the scope of protection afforded to City, its officers, officials, employees or
volunteers.
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.
Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to City, its officers, officials, employees and volunteers.
iv. Contractor's insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
v. The insurance afforded by the policy for contractual liability shall include
liability assumed by contractor under the indemnification /hold harmless
provision contained in this Contract.
b) Workers' Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogation against City, its officers,
officials, employees and volunteers for losses arising from work performed by
Contractor for City.
c) All Coverages
Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled, rescinded by either
party, reduced in coverage or in limits except after thirty (30) days' prior
written notice by certified mail, return receipt requested, has been given to
City.
5. Acts of God
Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for
the repairing and restoring damage to Work, when damage is determined to have
been proximately caused by an Act of God, in excess of 5 percent of the Contract
amount provided that the Work damaged is built in accordance with the plans and
specifications.
• PAGE 12
6. Right to Stop Work for Non - Compliance
City shall have the right to offer the Contractor to stop Work under this Agreement
and /or withhold any payment(s) which become due to Contractor hereunder until
Contractor demonstrates compliance with the requirements of this article.
H. RESPONSIBILITY FOR DAMAGES OR INJURY
City and all officers, employees and representatives thereof shall not be responsible in
any manner: for any loss or damages that may happen to the Work or any part
thereof; for any loss or damage to any of the materials or other things used or
employed in performing the Work, for injury to or death of any person either workers or
the public; or for damage to property from any cause arising from the construction of
the work by Contractor, or its subcontractors, or its workers, or anyone employed by it.
2. Contractor shall be responsible for any liability imposed by law and for injuries to or
death of any person or damage to property resulting from defects, obstructions or from
any cause arising from Contractor's work on the Project, or the work of any
subcontractor or supplier selected by the Contractor.
3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees
from and against (1) any and all loss, damages, liability, claims, allegations of liability,
suits, costs and expenses for damages of any nature whatsoever, including, but not
limited to, bodily injury, death, personal injury, property damages, or any other claims
arising from any and all acts or omissions of Contractor, its employees, agents or
subcontractors in the performance of services or work conducted or performed
pursuant to this Contract; (2) use of improper materials in construction of the Work; or,
(3) any and all claims asserted by Contractor's subcontractors or suppliers on the
project, and shall include reasonable attorneys' fees and all other costs incurred in
defending any such claim. Contractor shall not be required to indemnify City from the
sole negligence or willful misconduct of City, its officers or employees.
4. To the extent authorized by law, as much of the money due Contractor under and by
virtue of the Contract as shall be considered necessary by City may be retained by it
until disposition has been made of such suits or claims for damages as aforesaid.
5. Nothing in this article, nor any other portion of the Contract Documents shall be
construed as authorizing any award of attorneys' fees in any action to enforce the
terms of this Contract, except to the extent provided for in H.3, above.
6. The rights and obligations set forth in this Article shall survive the termination of this
Contract.
EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other
Contract Documents by Contractor is a representation that Contractor has visited the
Project Site, has become familiar with the local conditions under which the work is to be
performed, and has correlated all relevant observations with the requirements of the
Contract Documents.
' PAGE 13
J. CONFLICT If there is a conflict between provisions of this Contract and any other
Contract Document, the provisions of this Contract shall prevail.
K. WAIVER A waiver by City or any term, covenant, or condition in the Contract
Documents shall not be deemed to be a waiver of any subsequent breach of the same or
any other term, covenant or condition.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day
and vpar first writtpn ahnvp
CITY CLERK
CITY OF NEWPORT BEACH
A Municipal Corporation
ByG!- r-t
Mayor Garold B. Adams
neering, Inc.
orized Signature and Title
(l A-" J - 6tRhhi -)0 fq j
State of California
County of San Bernardino
On October 26 2001 before me, Cruz R. Borrero Notary Public
ate ame an �' ser e.g.,' ane Doe. otry P3fc'-
Personally appeared Richard J. Garabedian
Name(s) Ot bigner(S)
CRUZ R, SORRBtp
Commission o 1169955
Nolory PUNIC - Cafiforn o
Los Angeles County
Omy Comm. BPhn Jon 18.20722
® personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the personal whose nameW is/ere subscribed to the
within instrument and acknowledged to me that helehelthey
executed the same in his ey authorized capacityfise),
and that by hW9h8AI4ey signature(&) on the instrument the
person(e), or the entity upon behalf of which the person(&)
acted, executed the instrument.
WITNESS my hand and official seal.
-��
ignatur otary FuDlic
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
Document Date: N/A Number of Pages: 13
Signer(s) Other Than Named Above: N/A
Capacity(ies) Claimed by Signer(s)
Signer's Name: Richard J. Garabedian
■
.1
Individual
Corporate Officer
Title(s): President
Partner -- ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer is Representing:
4 -Con Engineering Inc.
Signer's Name: N/A
e■
Individual
Corporate Officer
Title(s):
Partner -- ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer is Representing:
9%
.ACOR12M CERTIFICAIM OF LIABLTY INSUF04CE 11/101
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Driver - Averbeck Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
3270 Inland Empire Blvd #100 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
p ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Ontario, CA 91764
909 941 - 6 6 9 9 INSURERS AFFORDING COVERAGE
INSURED ( NSURER.# RLI Insurance CO STL
4 -Con Engineering, Inc. - -- / -
INSURERS_Golden Eagle Insurance Corporatio
P. O. Box 2217 2 2nn '- -' — �_.. - - - -
Fontana, CA 92334 INSURERc State Fund
INSURE RID.
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURSDJJAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH
RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR J POLICY EFFECTIVE :POLICY
LTR TYPE OF INSURANCE POLICY NUMBER 1 DATE MMICO/YY
EXPIRATION
DATE MWDDtYYj LIMITS
A GENERAL LIABILITY CGLOO11114 ' 07/16/01
07/16/02 ; EACH OCCURRE ....... .
X' COMMERCIAL GENERAL LIAR 11.1 Y
,
FIRE DAMAGE (Anyone fire) :$50,_ Q 00
_ CLAIMS MADE X. OCCUR
MED EXP (Any one person) _S5 000
X PDDed_1, OOO_
PERSONAL BADVINJURY $1, 000, 000
J
i GENERAL AGGREGATE_ -_ :s2,000,000
GEH L AGGREGATE LIM ITAPPLIES PER:
J
—;
PRODUCTS - COMP /OP AGG I $1 , 0 O O O O
_..._
r -�
PRO-
_.
• POLICY ECT L�
B AUTOMOBILE LIABILITY CBP9506073 ! 07/16/01
07/16/02 COMBINED SINGLE LIMIT
$ 1 000, 0 0 0
I ANY AUTO
(Ea accident) ,
- ALL OWNED AUTOS
BODILY INJURY
'$
SCHEDULED AUTOS
I, (Per person)
X HIRED AUTOS
BODILY INJURY $
X NON -OWNED AUTOS
(Per accident)
- - -. -. .- - - - -.- .. --
PROPERTY DAMAGE I$
(Per eo6dent)
GARAGE LIABILITY
--
AUTO ONLY - EA ACCIDENT S
- - - - --
-.. ANY AUTO
EAACC '$_
OTHERTHAN
AUTO ONLY:
ASS $
EXCESS LIABILITY
~'
EACH OCCURRENCE $
OCCUR - -: CLAIMS MADE
AGGREGATE _ is
DEDUCTIBLE
is
RETENTION $
i8
C WORKERS COMPENSATION AND 046801901 01/01 /01'01
WC STATU. I IOTH I
/01/02 i0iLLJMIJ -$.: EB.! -__
EMPLOYERS' LIABILITY
E.L. EACH ACCIDENT $1 , O O O , 000
E.L. DISEASE - EAEMPLOYEE $100, OOO
E.L. DISEASE - POLICY LIMIT : $1 O 0 0 , 000
OTHER
DESCRIPTION OF OPERATIONSILOCATIONS EHICLESIEXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS
Re: Eastbluff Park Walkway Reconstruction Phase
II, Contract #3334
City of Newport Beach, its officers, officials,
employees and volunteers
are additional insureds as respects the General
Liability and Automobile
Liability. Primary wording is included as per the attached.
(See Attached Descriptions)
(City of Newport Beach
3300 Newport Blvd.,
P. 0. Box 1768
Newport Beach, CA 92658 -8915
ACORD 25- S(7/97)1 of 4 $7riRI77
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILI_Ii �WAAIL*3- aDAYSWRITTEN
NOTICETOTHE CERTIFICATE HOLDER NAM ED TOTHELEFT X
REPRESENTATIVE
CORPORATION 198E
DESOIPTIOMS (Continued from P& 1)
Waiver of Subrogation as respects the Workers Compenstaion -
Endorsement to follow from Company.
The cancellation clause has been amended to delete the "endeavor to" and
"but failure to ... "wording.
* 10 Day Notice of Cancellation for Non - Payment of Premium.
This certificate of insurance cancels and replaces certificate #76033,
issued on 10/25/01.
AMS 25.3(07/97) 3 of 3 #76857
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD25- S(7/97)2 of 3 476857
0
CG 2010
0
POLICY NUMBER: CGL0011114 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED - OWNERS, LESSEES
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Name of Person or Organization:
City of Newport Beach, its officers,
officials,
employees and volunteers
3300 Newport Bvld.
P. O. Box 1768
Newport Beach, CA 92658 -8915
SCHEDULE
Project or Location:
Re: Eastbluff park Walkway
Reconstruction Phase II, Contract #3334
(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 ll) 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 is afforded by this policy for the benefit of the
additional insured shown shall be primary insurance, and any other insurance
maintained by the additional insured(s) shall be excess and non - contributory, but only
as respects any claim, loss or liability arising out of the operations of the named insured
and only if such claim, loss or liability is determined to be solely the negligence or
responsibility of the named insured.
CG 20 10 (11/85) Copyright, Insurance Services Office, Inc., 1984
Poiicy No. CGL0011114 • • RLI Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED CONSTRUCTION PROJECT(S)
GENERAL AGGREGATE LIMIT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Construction Projects:
Projects
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to
this endorsement.)
A For all sums which the insured becomes legally obli-
any other designated construction project shown in
the Schedule above.
gated to pay as damages caused by "occurrences" un-
der COVERAGE A (SECTION 1), and for all medical ex-
4. The limits shown in the Declarations for Each Oc-
penses caused by accidents under COVERAGE C
currence, Fire Damage and Medical Expense con -
(SECTION 1), which can be attributed only to ongoing
tinue to apply. However, instead of being subject to
operations at a single designated construction project
the General Aggregate Limit shown in the Declara-
shown in the Schedule above:
tions, such limits wilt be subject to the applicable
Designated Construction Project General Aggregate
1. A separate Designated Construction Project Gen-
Limit.
eral Aggregate Limit applies to each designated
construction project, and that limit is equal to the
B. For all sums which the insured becomes legally obli-
amount of the General Aggregate Limit shown in the
gated to pay as damages caused by "occurrences" un-
Declarations.
der COVERAGE A (SECTION 1), and for all medical ex-
penses caused by accidents under COVERAGE C
2. The Designated Construction Project General Ag-
(SECTION 1), which cannot be attributed only to ongoing
gregate Limit is the most we will pay for the sum of
operations at a single designated construction project
all damages under COVERAGE A, except damages
shown in the Schedule above:
because of "bodily injury' or "property damage" in-
cluded in the "products- completed operations haz-
1. Any payments made under COVERAGE A for dam -
ard," and for medical expenses under COVERAGE
ages or under COVERAGE C for medical expenses
C regardless of the number of:
shall reduce the amount available under the Gen-
eral Aggregate Limit or the Products - Completed
Operations Aggregate Limit, whichever is applica-
b. Claims made or "suits" brought; or
ble; and
c. Persons or organizations making claims or
2. Such payments shall not reduce any Designated
bringing "suits."
Construction Project General Aggregate Limit.
3. Any payments made under COVERAGE A for dam-
C. When coverage for liability arising out of the "products -
ages or under COVERAGE C for medical expenses
completed operations hazard" is provided, any pay -
shall reduce the Designated Construction Project
ments for damages because of "bodily injury' or "prop -
General Aggregate Limit for that designated con-
erty damage' included in the "products- completed op-
struction project. Such payments shall not reduce
erations hazard" will reduce the Products- Completed
the General Aggregate Limit shown in the Declara-
Operations Aggregate Limit, and not reduce the General
tions nor shall they reduce any other Designated
Aggregate Limit nor the Designated Construction Proj-
Construction Project General Aggregate Limit for
ect General Aggregate Limit.
CG 25 03 03 97 Copyright, Insurance Services Office, Inc., 1995 Page 1 of 2
Policy No. CGL0011114 • • 2LI Insurance Company
D. If the applicable designated construction project has E. The provisions of Limits Of Insurance (SECTION 111) not
been abandoned, delayed, or abandoned and then re- otherwise modified by this endorsement shall continue
started, or if the authorized contracting parties deviate to apply as stipulated.
from plans, blueprints, designs, specifications or timeta-
bles, the project will still be deemed to be the same
construction project.
CG 25 03 03 97 Copyright, Insurance Services Office, Inc., 1996 Page 2 of 2
GOLDEN EALE INSURANCE COMPANY
P.O, BOX 85826 - SAN DIEGO, CA 92186 -5826
ADDITIONAL INSURED (person or Organization) policy Nm CBP9506073
This endorsement applies to:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
TRUCKERS COVERAGE FORM
The person or orgmuzmaion shown in she Schedule is an insured to the extent of their liability for the conduct of in insured
under Section II- Liability Coverage of this policy.
SCHEDULE
City of Newport Beach
it's officers, officials, employees
and volunteers
3300 Newport Blvd.,
P. 0. BOx 1768
Newport Beach, CA 92658 -8915
GCCAar 1 1101961
NCV.2 i, 2001 7:42PM STATE COMP INSURANCE N0, 5006 P. I:I
STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142 -0807
COMPENSATION
I N S U R A N C E
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
NOVEMBER 21, 2001 POLICY NUMBER: C46-01 UNIT 0008019
CERTIFICATE EXPIRES: 1-1-02
CITY OF NEWPORT BEACH
3300 NEWPORT BLVD
NEWPORT REACH CA ?26'8 -8915
L
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California
Insurance Commissioner to the employer named below for the policy period indicated.
30
This policy is not subject to cancellation by the Fund except uporyon days' advance written notice to the employer.
30
We will also give yo*WN days' advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance Is not an insurance policy and does not amend, extend or alter the coverage afforded by the
policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with
respect to which this certificate of insurance may be issued or may pertain, the Insurance afforded by the policies
described herein is subject to all the terms, exclusions and conditions of such policies.
eMT PR ESIDENT
AUTHORIZED REPR E
F.MPLOvEP'S LIABILITY ''LIMIT INCLUDING DEFENSE COST:.: ►1,000,000 PER OCCURRENCE.
ENDORSEMENT 41200 ENTITI.SD CERTI;7ICATE HOLDERS' NOTICE FFFECTiVE
01 /01/01 IS ATTACHED TO AND FORMS A PART OF THIS POLICY•
ENDORSEMENT 1117570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE
11/2,/01 IS ATTACHED TO AND FORMS A PAPT OF THIG POLfCt.
THIRD PARTY NAI1E.: CITY CJ NEWPORT BEACH
EMPLOYER
r
4 -CON CNGINEERING INC
P O BOX 221'
FONTANA C.1 92334
L
.,w"
SGF FIEF GOPY�1
NOV -26 -2001 MON 10:00 AM
NOJ-19 -2001 1646
FAX NO.
* OF NEUPORTBERCH
CERmcATE OF INSURANCE
CHECKLIST
CITY OF NEWPORT BEACH
P. 35
S949 644 :f.31H r. dune
THIS CHECKLIST is C%W MD OF M QUMEMPN1S AS OUTLV= ABY MM CfIY OP WMMRT
Buca
DATERSCErBDo AlLvll"JO DHPARTM@1T /COMACTREGE mFROM: A21 L
WE�b1PI1'TED if wnTo:� 11,�mA� BY: l !D) i
COMPAXWOWN RBQU M TO HAVE C�TiFICAIB
1. G MAL LLOUI Y:
A. IIdBI)EII=CMUANY: 1 t !wool. In
8, AM BEST RATIIdG (A vII m Raa�i_,
C. ADMITISD COMQ'ANY: (adutt> t Ctdifotma Admitttd) IS coaa / In Cahfmma7 Yat-Z NO,
D. LA4TS: (lit be 21,000,000 ae gaater) Nlat is limb plwidsd
E. PRODUCTS AND COME= OPULAMMS: (MQ a htelttde) k it ittchtdcd? Yea Nor
F. ADDMONAL DMMED WORMO TO WCLUDL (The City it OftO , aeatw, o$ici&% gym and
®taa kitinrlyded? Ym No ✓ ✓
O. POW MAY AND NOW C09=U-T0RY WORDING Xm be ink") is it lethid v Y �No_.
R CAUTION: (Caafsm!hot lou of Haft of an Named bwa L sat lbnikd�ob)y iwl tLatlr�(s+eoe•)
Dom eadetamlem lack itolely b7 w9a. w~ yck—No ✓�_
1 NOTIFICATION OF CANCZLI.ATION: A1600SE dwe is a ptea+iou ehrtnqubw aodGcatioa of oueelMoo by
wdW ttwT: Pt Iaatrn patty tle City'M accept dr eade:avw watdiag.
II. AUTOMOBII.S LUAMITY:
A. INSURANCECOWANY:
B. AM BEST RATiNO (A VII m SNUK ' 04+ xyl
C. ADMTPTBD COMPANY: ( MUST BE CAL70744A ADA 3T=) Is camMi adgdmd? Yea No .
D. UIbl M, (Mux br 51,000,000 mWmam Bi & PD and SS00.000 UM) Wha it limft 7
M.
E.
volutwm)- it it iocLdad7 Yea No
F. PRIMARY AM NON CON n BUTORY WORDING: (Pet WOO 1-Iutleta 04y)• W it kcltdad? Ya —Ny ✓
G. NOTIFICATION OF CANCELLATION: Abkau& diets is a pWvW_ drt bqufto nedf=,fim of ca mdodoe`by
eettl6ed aril: pa Lamas pciey the C1ty wW accept $A aodosvw * atemts-
WOFJ= COWENUTWN.
A. DISI)RANM COWANY:
B. AK BBSTRA77Df0 (A VII m �)
C. L,II�IITS: Stattttery
D. WAVM OF SUBROGATION: (To Wlode). U it included?
Yet__ No ✓
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH MS,NEED 70 JBE COb PLPW.
W�e"Z
Ww yam �� � 14 ,-
&Con Engineering. Inc.
PR 1 of 3
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
EASTBLUFF PARK WALKWAY RECONSTRUCTION, PHASE li
CONTRACT NO. 3334
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard, P. O. Box 1768
Newport Beach, California 92663 -8915
Gentlemen:
The undersigned declares that he has carefully examined the location of the work, has read
the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby
proposes to furnish all materials except that material supplied by the City and shall perform
211 work required to complete Contract No. 3334 in accord with the P! .--s and Special
Provisions, end will take in full payment therefore the follov,,ing unit prices for the work,
complete in place, to wit
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
1. Lump Sum Mobilization
@i. ffaj Dollars
and
-fT— Cents $ I I Qw . Oil
Per Lump Sum
2. Lump Sum Construction Zone Control
@06,e I [W5Y -w 6VE 14*bollars
and
°3 Cents $ 5�
Per Lump Sum
3. Lump Sum Grading
@ Dollars
and II
� Cents $ QP C;b
Per Lump Sum
i & -Con Engineering,
PR2of3
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
4. 16,500 S.F. Remove Existing Asphalt Concrete
Walkway and Construct PCC ` Walk
and Swale
Inc.
@ /-13 L) rt Dollars
and
�U
Cents $ $ b MO—Cq)
Per Square Foot
5. Lump Sum Miscellaneous Removal, Disposal
and Relocation
@ IFT Dollars
and
Cents $ 2C)00 - DV
Per Lump Sum
6. 23 Each Furnish and Install 4" PVC Sieeve
(y / 4
@o rlU�)a4Z f� tJ�, Dollars
and 7
t Cents: -(TO
Per Each
7. 45 C.Y. Furnish and Construct Fill
@ 6_ Dollars
and
Cents $
Per Cubic Yard
8. 70 L.F. Construct PCC Curb
� wo Dollars
and
Cent: $ 2i� $ �S�t U Ott
Per Linear Foot
9. Lump Sum Furnish and Install NDS Channel
Complete With Grates
Q;tic7Hov- 1-0 4yrn pollar
and
Cents $y
Per Lump Sum
w�
-Con Engineering. Inc.
PR3of3
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
ff
11
12,
18 Each
2 Each
4 Each
Type "A" Curb Access Ramp
@ Syr d -1,I &1 f >tfgDollars
and
-7s-6
—� Cents -cYa $ (3S�.cTo
Per Each
Type "B" Curb Access Ramp
@ DUt TNvusn-wl Dollars
and
Cents
Per Each
Type "C" Curb Access Ramp
@ Dollars
and
Cents
Per Each
ic• Ira0w V WIN 10aw.yjVr1ra.ITrc•1:0.1601
$ L p0o.09 $ 2C)CO ZD
S �tco ob OcO. W
Day(= i4UA,0114 d TNin <w �i >�i a d 1 1F e�w a� ��r� S Dollars
and JD' Cents
/0 9-01
Date
9oQ%4z-7-i1�-) 90- 977 -15-�l2,
Bidder's Telephone and Fax Numbers
Bidder's License No(s).
and Classification (s)
$ 113Cw15 . -bo
Total Price (Figures)
Bidder
�
Bjd 71 riz S ,eUre and Title
I y 771 �i% A67WU AK, tOtifl �it� �l9 /233y
Bidder's Address
j
0 0
1
1
1
1
2
2
2
2
2
2
2
2
3
3
3
4
4
4
4
PUBLIC WORKS DEPARTMENT
INDEX
FOR
SPECIAL PROVISIONS
EASTBLUFF PARK WALKWAY RECONSTRUCTION, PHASE II
CONTRACT NO. 3334
INTRODUCTION
PART 1 - -- GENERAL PROVISIONS
SECTION 2
SCOPE AND CONTROL OF THE WORK
2 -6
WORK TO BE DONE
2 -9
SURVEYING
2 -9.3
Survey Service
2 -9.6
Survey Monuments
SECTION 3
CHANGES IN WORK
3 -3
EXTRA WORK
3 -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
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
2
2
2
2
2
2
2
2
3
3
3
4
4
4
4
SECTION 7
RESPONSIBILITIES OF THE CONTRACTOR 5
7 -7
COOPERATION AND COLLATERAL WORK 5
7 -8
PROJECT SITE MAINTENANCE 5
7 -8.1
Cleanup and Dust Control 5
7 -8.5
Temporary Light, Power and Water 5
7 -8.6
Water Pollution Control 5
7 -9 PROTECTION AND RESTORATION OF
EXISTING IMPROVEMENTS 5
7 -10
PUBLIC CONVENIENCE AND SAFETY
6
7 -10.1
Traffic and Access
6
7 -10.2
Storage of Equipment and Materials in Public Streets
6
7 -10.3
Street Closures, Detours, Barricades
6
7 -10.4
Public Safety
7
7- 10.4.1
Safety Orders
7
7 -10.5
"No Parking" Signs
7
7 -10.7
Notice to Residents and School
7
7 -15
CONTRACTOR LICENSES
8
7 -16
CONTRACTOR'S RECORDS /AS BUILT DRAWINGS
8
SECTION 9
MEASUREMENT AND PAYMENT
8
9 -3
PAYMENT
8
9 -3.1
General
8
9 -3.2
Partial and Final Payment
10
PART 2 - -- CONSTRUCTION MATERIALS
SECTION 201
CONCRETE, MORTAR, AND RELATED MATERIALS
10
201 -1
PORTLAND CEMENT CONCRETE
10
201 -1.1.2
Concrete Specified by Class
10
PART 3 - -- CONSTRUCTION METHODS
SECTION 300
EARTHWORK
11
300 -1
CLEARING AND GRUBBING
11
300 -1.3
Removal and Disposal of Materials
11
300 -1.3.1
General
11
300 -1.3.2
Requirements
11
300 -1.5
Solid Waste Diversion
11
0
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
f:\ users\pbw\ shared \contracts\masters\masters for contract set up\ raster specs index.doc
11
11
11
11
L�
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
• SP 1 OF 12
SPECIAL PROVISIONS (IL( No.
sv;
0 '¢tL,*1 d- 0!
CONTRACT NO. 3334
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. P- 5176 -S and M- 5334 -S); (3) the
City's Standard Special Provisions and Standard Drawings for Public Works
Construction, (1994 edition), including Supplements; (4) Standard Specifications for
Public Works Construction (1997 edition), including supplements. Copies of the
Standard Special Provisions and Standard Drawings may be purchased at the Public
Works Department. Copies of the Standard Specifications may be purchased from
Building News, Inc., 3055 Overland Avenue, Los Angeles, California, 90034, telephone
(310) 202 -7775.
The following Special Provisions supplement or modify the Standard
Specifications for Public Works Construction as referenced and stated
hereinafter:
PART 1
GENERAL PROVISIONS
SECTION 2-- -SCOPE AND CONTROL OF THE WORK
2 -6 WORK TO BE DONE. Add to this section, "The work necessary for the completion
of this contract consists of: remove and dispose of various existing improvements;
minor grading; fill; backfill; construct 5 -inch thick P.C.C. walkway; construct 6 -inch thick
P.C.C. walk and swale; construct P.C.C. curb; construct P.C.C. curb ramps; furnish and
install drainage components; furnish and install PVC sleeves; underground existing 1"
irrigation line; and perform other incidental items of work as required to complete the
Work in place."
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. The City's Surveyor will file a Corner Record or Record of Survey with the
County Surveyor's Office prior to the start of any construction. After completion of all
• • SP2OF12
construction, the City's Surveyor will file a Corner Record or Record of Survey with the
County Surveyor's Office for any monuments that have been replaced. All existing
street and property corner monuments are to be preserved. The Contractor will be
back - charged for the cost of restoring any survey monument damaged by the
Contractor outside the project limits."
2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work,
inspect the project for existing survey monuments and protect them during construction
operations. In the event that existing survey monuments are removed or otherwise
disturbed during the course of work, the Contractor shall have the affected survey
monuments restored per records, at his expense. The Contractor's Engineer or
Licensed Surveyor shall also file the required Corner Records with the County of
Orange upon monument restoration.
SECTION 3 - -- CHANGES IN WORK
3 -3 EXTRA WORK
3 -3.2 Payment
3 -3.2.3 Markup. Replace this section with,
"(a) Work by Contractor. The following percentages shall be added to the
Contractor's costs and shall constitute the markup for all overhead and profits:
1) Labor ............. ............................... 20
2) Materials ........ ............................... 15
3) Equipment Rental ........................... 15
4) Other Items and Expenditures ........... 15
To the sum of the costs and markups provided for in this subsection, 1 percent
shall be added for compensation for bonding.
(b) Work by Subcontractor. When all or any part of the extra work is
performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be
applied to the Subcontractor's actual cost of such work. A markup of 10 percent
on the first $5,000 of the subcontracted portion of the extra work and a markup
of 5 percent on work added in excess of $5,000 of the subcontracted portion of
the extra work may be added by the Contractor.
This Section only applies to work in excess of the estimated quantities shown in
the Proposal."
SECTION 4 - -- CONTROL OF MATERIALS
4 -1 MATERIALS AND WORKMANSHIP
4 -1.3 Inspection Requirements
• • SP 3 OF 12
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.
SECTION 5--- UTILITIES
5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust to finish grade City -
owned water meter boxes, pull boxes, water valve covers, sewer manholes, and sewer
cleanouts. 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.
SECTION 6--- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK
6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this
section, "The time for completion as specified in Section 6 -7, shall commence at
the time of City Council award scheduled for October 23, 2001.
The Contractor shall furnish City with certificates of insurance with original
endorsements effecting coverage required by this contract (Section G) to the City for
processing and approval prior to City permitting any work on site to commence.
No work shall begin until a schedule of work has been approved by the Engineer. The
Contractor shall submit a construction schedule to the Engineer for approval a minimum
of five working days prior to commencing any work. Schedule may be bar chart or CPM
style. Such schedule shall have included that all concrete for the walkway shall be
placed no later than 12:00 PM.
The Engineer will review the schedule and may require the Contractor to modify the
schedule to conform to the requirements of the Contract Documents. If work falls behind
the approved schedule, the Contractor shall be prohibited from starting additional work
until he has exerted extra effort to meet his original schedule and has demonstrated that
he will be able to maintain his approved schedule in the future. Such stoppages of work
shall in no way relieve the Contractor from his overall time of completion requirement, nor
shall it be construed as the basis for payment of extra work because additional personnel
and equipment were required on the job.
SP4OF12
Also included within the specified period is the curing time required for the P.C.C.
improvements."
6 -7 TIME OF COMPLETION
6 -7.1 General. Add to this section, "After City Council award, the Contractor
shall complete all work under the Contract within forty (40) consecutive working
days. This schedule includes ten days for processing of contract, bonds and insurance
documents."
6 -7.2 Working Days. Revise 3) to read, "any City holiday, defined as January 1 st,
the third Monday in January (Martin Luther King Day), the third Monday in February
(President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in
September (Labor Day), November 11th (Veterans Day), the fourth Thursday in
November (Thanksgiving), December 24th, December 25th (Christmas), and December
31st. 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 outside normal working hours, he must first obtain
special permission from the Engineer. The request may be for 4:30 P.M. to 6:30 P.M.
on weekdays only. A request for working during any of these hours must be made at
least 72 hours in advance of the desired time period. A separate request must be
made for each work shift. The Engineer reserves the right to deny any or all such
requests. Additionally, the Contractor shall pay for supplemental inspection costs of
$50.00 per hour when such time periods are approved.
6 -9 LIQUIDATED DAMAGES. Revise sentence three to read, "For each consecutive
calendar day after the forty consecutive working days specified for completion of the
work, the time specified for completion of Work, whichever occurs first, as adjusted in
accordance with subsection 6 -6, the Contractor shall pay to the City or have withheld
from moneys due it, the daily sum of $500.
Revise paragraph two, sentence one, to read, "Execution of the Contract shall
constitute agreement by the Agency and Contractor that $500 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 disruption time to the public.
• • SP5OF12
SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR
7 -7 COOPERATION AND COLLATERAL WORK. Add to this section, "City forces will
perform all shut down of water facilities as required to underground the existing 1"
irrigation line. The Contractor shall give the City seven calendar days notice of the time
he desires the shut down of facilities to take place."
7 -8 PROJECT SITE MAINTENANCE
7 -8.1 Cleanup and Dust Control. Add to this Section, "The work site shall be
cleaned and barricaded at the end of each day until the Work is completed."
7 -8.5 Temporary Light, Power and Water. Add to this section, "If the Contractor
elects to use the City's water, he shall arrange for a meter and tender a $813 meter
deposit with the City. Upon return of the meter to the City, the deposit will be returned
to the Contractor, less a quantity charge for water usage and repair charges for
damage to the meter."
7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water
containing mud, silt or other deleterious material due to the construction of this project
shall be treated by filtration or retention in settling basin(s) sufficient to prevent such
material from migrating into any catch basin, Newport Harbor, the Bay, or the ocean
through the existing catch basins along Vista Del Oro or the drainage V- ditches within
the Park."
7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. Replace
the first sentence of the second paragraph with, "The Contractor shall repair, restore, or
reconstruct to the satisfaction of their respective owner(s) all existing public and private
improvements disturbed or damaged by the Work which are not designated for removal.
Such restoration work includes, but is not limited to, turf, plants and planters, shrubs,
trees, irrigation components, electrical components, fences, brick and brick pavers,
concrete, painting of various surfaces, ornaments and other decorative items, property
corner survey markings, etc."
Replace the last sentence of third paragraph with, "Lawns shall be repaired with sod
identical to the existing type."
Add to this Section, "The Contractor is hereby advised that portions of the Work under
this contract adjoins Eastbluff School. Caution shall be exercised when working near
the existing deteriorated School chain link fence, fence support post footings, trees, and
the PCC mow strip that adjoins the City work. The Contractor may wish to photograph
the condition of all existing improvements prior to the start of work.
Additionally, the Contractor is advised to contact Mr. Eric Jetta, Director of Maintenance
Operations and Transportation of the Newport-Mesa Unified School District, at (714)
424 -7530 to ascertain that his office is aware of the existing condition of his facilities
adjacent to the City work. In the event that the School District desires to repair their
• • SP 6 OF 12
existing improvements, such work shall be arranged with the School District
independently."
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. and the following requirements:
1. The Contractor shall not use any of the existing ballfields within the Park to
access the work.
2. Access to the work shall be through the existing concrete walkway that
extends from the Park parking lot (across the street from Vista Hacienda)."
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, sidewalk, or the Park turf areas. A portion of the existing Park parking lot will be
available to the Contractor for staging of materials and equipment during the work
duration. The Contractor shall restore the staging area to its preconstruction condition
to the satisfaction of the Engineer before final payment can be released."
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 portion of the
work. The Contractor will be responsible for processing and obtaining approval of said
plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of
the approved plans. All traffic control plans shall be prepared by a licensed Traffic
Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL
HANDBOOK (W.A.T.C.H), 1996 Edition. The traffic control and detour plans must meet
the following requirements:
1. Emergency vehicle access shall be maintained at all times.
2. The locations and wordings of all barricades, signs, delineators, lights, warning
devices, parking restrictions, and any other required details shall ensure that all
pedestrian and vehicular traffic will be handled in a safe manner with a
minimum of inconvenience to the public.
3. All advanced warning sign installations shall be reflectorized and /or lighted.
4. The Contractor shall be aware that classes at Eastbluff School begin at 8:30
AM. and conclude at 3:05 PM; except on Wednesdays when classes end at
2:05 PM.
• • SP7OF12
5. The Contractor shall, at all times, barricade and maintain work zone control in
such a matter that Park users and school children in the vicinity of the work
are kept clear of the construction activities.
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. The Contractor shall fully comply with all
State, Federal and other laws, rules, regulations, and orders relating to the safety of the
public and workers.
The right of the Engineer or the City's Representative to conduct construction review or
observation of the Contractor's performance shall not include review or observation of
the adequacy of the Contractor's safety measures in, on, or near the construction site."
7 -10.5 "No Parking" Signs. The Contractor shall furnish, install, and maintain in
place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING"
signs) which he shall post at least forty -eight hours in advance of the need for
enforcement. In addition, it shall be the Contractor's responsibility to notify the City's
Police Department, Traffic Division at (949) 644 -3717, for verification of posting at least
forty -eight hours in advance of the need for enforcement. The signs shall (1) be made
of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches
high; and (3) be similar in design and color to sign R -38 of the CalTrans Uniform Sign
Chart.
The Contractor shall print the hours and dates of parking restriction on the "NO
PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the
completed sign shall be reviewed and approved by the Engineer prior to posting.
7 -10.6 Notices to Residents and School. Ten working days prior to starting work,
the Contractor shall deliver a construction city - provided notice to the adjacent residents
and the Eastbluff School, within 500 feet of the project, describing the project and
indicating the limits of construction.
Forty -eight hours before the start of any construction, the Contractor shall distribute to
the adjacent residents and the School a second city - provided notice stating when
construction operations will start and what disruptions may occur and approximately
when construction will be complete. An interruption of work at any location in excess of
14 calendar days shall require re- notification.
The Contractor shall insert the applicable dates and times when the notices are
distributed. Errors in distribution, false starts, acts of God, strikes or other alterations of
the schedule will require Contractor re- notification using an explanatory letter furnished
by the Engineer.
• • SP 8 OF 12
7 -15 CONTRACTOR'S LICENSES. At the time of award and until the completion of
work, the Contractor shall possess a General Engineering "A' or a Concrete "C -8"
Contractor License. At the start of work and until its completion, the Contractor and
each subcontractor shall possess a valid business license issued by the City of Newport
Beach.
7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. Add this Section to read,
"A stamped set of approved plans and specifications shall be at the job site at all times.
The Contractor shall maintain as -built drawings of all work as the work progresses. A
separate set of drawings shall be maintained for this purpose. These drawings shall be
kept up -to -date and so certified by the Engineer at the time each progress payment
request is submitted.
Upon project completion, the Contractor shall provide the Engineer an as -built copy of
the Plans. The as -built plans shall be accepted by the Engineer prior to final payment
or the release of any bonds.
All contract records and documents shall be maintained in accord with generally
accepted accounting principles and practices and be retained for at least five years
after the date of completion. Suitable facilities are to be provided by the Contractor for
access, inspection, and copying of this material by the Engineer."
SECTION 9 - -- MEASUREMENT AND PAYMENT
9 -3 PAYMENT
9 -3.1 General. Revise paragraph two to read, "The unit and lump sum prices bid
for each item of work shown on the Proposal shall include full compensation for
furnishing the labor, materials, tools, and equipment and doing all the work to complete
the work in place and no other compensation will be allowed thereafter. In the event
that an existing pull box and /or cover was damaged by the work and is not re- usable,
the Contractor shall provide and install a new replacement pull box and /or cover of
identical type and size at no additional cost to the City. Payment for incidental items of
work not separately listed shall be included in the prices shown for the other related
items of work. The following items of work pertain to the bid items included within the
Proposal:
Item No. 1: Mobilization: Work under this item shall include all preparation and
scheduling of materials and equipment necessary to complete the contract work in
place.
Item No. 2: Construction Zone Control: Work under this item shall include, but not
limited to, preparation of work area closure plan(s), delivery of construction notices,
signs, barricades, posting and prompt removal of "NO PARKING -TOW AWAY" signs,
and all other work necessary to comply with the W.A.T.C.H., and the City of Newport
Beach requirements.
•
SP 9 OF 12
Item No. 3: Grading: Work under this item shall include all labor and equipment costs
of grading work at locations where excavation and /or fill is shown on the Plans, at
Crossing No. 1, at Crossing No. 2, on both sides of the new walkway where the new
walkway does not follow the existing AC walkway alignment, and at the existing wooden
foot bridge next to the existing restroom.
The cost of backfill material is to be paid for by bid item No. 7.
Item No. 4: Remove Existing Asphalt Concrete Walkway and Construct PCC Walk and
Swale: Work under this item shall include all labor, material, and equipment costs to:
remove and dispose of the existing AC walkway, Crossings, and portions of the existing
subgrade to the bottom of the proposed concrete improvements; construct new
minimum 5 -inch thick PCC walk and minimum 6 -inch thick PCC swale including
subgrade compaction, reinforcing bars, thickened edges, expansion joints, weakened
plane joints, dowels, and all other work required to complete the work in place as shown
on the Plans..
Item No. 5: Miscellaneous Removal, Disposal, and Relocation: Work under this item
shall include all labor and equipment costs to remove and dispose of the existing 18"
NDS storm drain pipe at Crossing No. 1; the existing PCC V -ditch at Crossing No. 2;
the wooden foot bridges including the planks, horizontal wooden support piles, the
miscellaneous rock around and under the foot bridge next to the existing restroom, and
the existing pipe railings at Crossing No. 2; re- position the existing boulders near the
bench turnouts as directed by the Engineer; underground the existing 1" irrigation line
below the existing foot bridge next to the existing restroom; and other interfering items
that must be removed, disposed, and /or relocated as required to complete the work in
place.
Item No. 6: Furnish and Install 4" PVC Sleeve: Work under this item shall include all
material, labor, and equipment costs to trench, install, backfill, compact, chisel mark
and perform all other work required to complete the work in place as shown on the
Plans.
Item No. 7: Furnish and Construct Fill: Work under this item shall include the cost of
sand, native soil, other materials, labor, and equipment to complete the fill work shown
on the Plans and on both sides of the new PCC walkway where the new walkway is
out -of- alignment with the existing AC walkway.
Item No. 8: Construct PCC Curb: Work under this item shall include all of the material,
labor, and equipment costs to complete the work in place as shown on the Plans.
Item No. 9: Furnish and Install NDS Channel Complete With Grates: Work under this
item shall include all of the material, labor, and equipment costs to install the drainage
systems and perform all other work required to complete the work in place as shown on
the Plans.
` •
SP 10 OF 12
Item No. 10: Type "A" Curb Access Ramp: Work under this item shall include all of the
material, labor, and equipment costs to remove and dispose of the existing
improvements, compact subgrade, adjust City utility facilities such as street lighting,
sewer, water, etc. boxes and covers to grade, reconnect street light wiring, relocate and
reinstall sign posts, construct depressed PCC gutter and retaining curb, construct
minimum 1 -foot wide full depth AC and /or PCC patchback, repair existing lawn
damaged by the work, and perform all other work required to complete the work in
place as shown on the Plans.
Item No. 11: Type "B" Curb Access Ramp: Work under this item shall include all of the
material, labor, and equipment costs to remove and dispose of the existing
improvements, compact subgrade, adjust City utility facilities such as street lighting,
sewer, water, etc. boxes and covers to grade, reconnect street light wiring, relocate and
reinstall sign posts, construct depressed PCC gutter and retaining curb, construct
minimum 1 -foot wide full depth AC and /or PCC patchback, repair existing lawn
damaged by the work, and perform all other work required to complete the work in
place as shown on the Plans.
Item No. 12: Type "C Curb Access Ramp: Work under this item shall include all of the
material, labor, and equipment costs to remove and dispose of the existing
improvements, compact subgrade, adjust City utility facilities such as street lighting,
sewer, water, etc. boxes and covers to grade, reconnect street light wiring, relocate and
reinstall sign posts, construct depressed PCC gutter and retaining curb, construct
minimum 1 -foot wide full depth AC and /or PCC patchback, repair existing lawn
damaged by the work, and perform all other work required to complete the work in
place as shown on the Plans.
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 -1 PORTLAND CEMENT CONCRETE
201 -1.1.2 Concrete Specified by Class. Add to this section, 'Portland Cement
concrete for construction shall be Class 560 -C- 3250."
+ • • SP 11 OF 12
PART 3
CONSTRUCTION METHODS
SECTION 300 - -- EARTHWORK
300 -1 CLEARING AND GRUBBING
300 -1.3 Removal and Disposal of Materials
300 -1.3.1 General. Add to this section, 'The work shall be done in accordance
with Section 300 -1.3.2 of the Standard Specifications except as modified and
supplemented herein. Joins to existing pavement and walk 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 stompers will not be permitted
on the job. The Engineer must approve final removal accomplished by other means.
The Contractor shall maintain the job site in a clean and safe condition. The Contractor
will remove any broken concrete, debris or other deleterious material from the job site at
the end of each workday."
300 -1.3.2 Requirements
(c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley
Intersections. Replace the first sentence of this Section with, "Saw cuts shall be neatly
made to a minimum of two (2) inches." And replace the words "1 '/2 inch" of the last
sentence with the words "two (2) inches'.
300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes
generated from the job site shall be disposed of at a facility that crushes such materials
for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a
sanitary landfill.
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 and provide
appropriate confirmation documentation from the recycling facility.
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, "Walks and curb access ramps shall be
opened to pedestrian access on the day following concrete placement. In addition, all
r s► �
• SP 12 OF 12
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 use by rubber- wheeled mowers shall not be opened to vehicle
traffic until the concrete has cured to a minimum strength of 2,000 psi."
I
TO:
FROM:
Mayor and Members of the City Council
Public Works and General Services Departments
October 23, 2001
CITY- COUNCIL AGENDA"
Ifi1:M NO. 18
SUBJECT: EASTBLUFF PARK WALKWAY RECONSTRUCTION
CONTRACT NO. 3334
RECOMMENDATIONS:
1. Approve the plans and specifications.
APPROVED
PHASE II - AWARD OF
Y� P- 013
2. Award Contract No. 3334 to 4 -Con Engineering, Inc., for the Total Bid Price of
$113,015, and authorize the Mayor and the City Clerk to execute the contract.
3. Establish an amount of $11,000 to cover the cost of unforeseen work.
4. Approve a Budget Amendment transferring $20,000 from Account No. 7015-
C2310629 to Account No. 7015- C3130554 and transferring $19,070 from Account
No. 7181- C5100399 to Account No. 7181- C3130554.
DISCUSSION:
At 11:00 A.M on October 10, 2001, the City Clerk opened and read the following bids for
this project:
TOTAL BID AMOUNT
$113,015.00
$119,150.00
$133,982.50
$135,800.00
$174,710.00
$274,843.00 '
' Corrected Bid Amount is $274,911.28
The low total bid amount is thirteen percent above the Engineer's Estimate of $100,000.
The low bidder, 4 -Con Engineering, Inc., possesses a General Engineering "A" contractor's
license as required by the project specifications. 4 -Con has satisfactorily completed similar
projects for other agencies.
This contract, being Phase II of walkway reconstruction, provides for the following:
• Replacement of approximately 16,000 square feet of remaining deteriorated asphalt
concrete walkway with a 5 -inch thick concrete walkway
BIDDER
Low
4 -Con Engineering, Inc.
2
Damon Construction Company
3
KAS Equipment and Rental, Inc.
4
Beador Construction Co., Inc.
5
GCI Construction, Inc.
6
IPS, Inc.
TOTAL BID AMOUNT
$113,015.00
$119,150.00
$133,982.50
$135,800.00
$174,710.00
$274,843.00 '
' Corrected Bid Amount is $274,911.28
The low total bid amount is thirteen percent above the Engineer's Estimate of $100,000.
The low bidder, 4 -Con Engineering, Inc., possesses a General Engineering "A" contractor's
license as required by the project specifications. 4 -Con has satisfactorily completed similar
projects for other agencies.
This contract, being Phase II of walkway reconstruction, provides for the following:
• Replacement of approximately 16,000 square feet of remaining deteriorated asphalt
concrete walkway with a 5 -inch thick concrete walkway
0 0
Subject: Eastbluff Park Walkway Reconstruction, Phase II — Award of Contract No. 3334
October 23, 2001
Page: 2
The installation of twenty- three, 4 -inch diameter PVC sleeves at select locations
under the new walkway for future irrigation use
The installation of NDSTm drainage channels and drain grates at two locations where
the walkway crosses over an existing concrete drainage channel
Other minor work items adjacent to the new walkway within the Park
Additionally, twenty -four curb access ramps will be constructed along Vista Del Oro from Vista
Entrada to Vista Ornada. This new walkway is necessary to replace the high maintenance
deteriorated asphalt concrete walkway and to improve surface drainage. The new curb
access ramps along Vista Del Oro are in response to a number of requests from area
residents.
There are sufficient funds available in the following accounts for the work:
Account Description Account Number Amount
Eastbluff Park Walkway Replacement, Phase II 7015- C3130554 $ 84,945.00
Goldenrod Avenue Footbridge Planter Replacements 7015- C2310629 20,000.00
Balboa Boulevard (Adams to Medina) 7181- C5100399 19,070.00
Total: $124,015.00
Funding is available in the Goldenrod Avenue Footbridge Planter Replacement project
because instead of making partial repairs to the deteriorated Goldenrod Avenue footbridge
planter boxes at this time, the General Services Department will arrange for temporary repairs
on the planter boxes. General Services will be requesting a budget appropriation to fund full
repairs on the planter boxes during FY2002 -2003.
Funding is available in the Balboa Boulevard (Adams to Medina) Gas Tax Account due to
savings realized during project construction.
The contract specifications require 4 -Con Engineering to complete all contract work within forty
consecutive working days. Liquidated damages are $500 per calendar day.
Respectfully submitted,
UBLIC WORKS DEPARTMENT
Stephen G. Badum, (rector
By:
Fong Yse, P.E.
Project Manager
Attachment: Project Location Map
Bid Summary
GENERAL SERVICES DEPARTMENT
David E. Niederhaus, Director
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LOCATION MAP
NOT TO SCALE
-- PROJECT LOCATION
VISTA BEL
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EASTBLUFF
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9
EASTBLUFF
PARK WALKWAY RECONSTRUCTION,
PHASE
II
C•3334
t
(fy of Newport Beach
BUDGET AMENDMENT
2001 -02
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
Increase Expenditure Appropriations
X Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
NO. BA- 013
AMOUNT: 53s,o7o.00
Increase in Budgetary Fund Balance
AND Decrease in Budgetary Fund Balance
X No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To transfer budget appropriations for the Eastbluff Park Walkway Reconstruction, Phase II - C3334.
I ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account - Description
Amount
Debit Credit
REVENUE ESTIMATES (3601)
Fund /Division Account Description
EXPENDITURE APPROPRIATIONS (3603)
Description
Division Number 7015 Parks
Account Number C2310629 Goldenrod Planter Replacement $20,000.00
Division Number 7015 Parks
Account Number C3130554 Eastbluff Park Walkway Replacement $20,000.00
Division Number 7181 Gas Tax
Account Number C5100399 Balboa Blvd Reconstruction $19,070.00
Division Number 7181 Gas Tax
Account Number C3130554 Eastbluff Park Walkway Replacement $19,070.00
Division Number
Account Number
Autornet /c System Entry.
Signed: A2-,11-62
Fin ncial Ap rr� //aal�l: Administrative ervice Director Date
Signed:
Administrative Approval: City Manager ate
Signed:
City Council Approval: City Clerk Date
jWy of Newport Beach
BUDGET AMENDMENT
2001 -02
EFFECT ON BUDGETARY FUND BALANCE:
NO. BA- 013
AMOUNT: $39,070.00
Increase Revenue Estimates Increase in Budgetary Fund Balance
Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance
PX Transfer Budget Appropriations PX No effect on Budgetary Fund Balance
SOURCE: ClrrcF -IN,
from existing budget appropriations
from additional estimated revenues OCT 2 i7
O
from unappropriated fund balance
EXPLANATION: I e
This budget amendment is requested to provide for the following: To transfer budget appropriations for the Eastbluff Park Walkway Reconstruction, Phase II - C3334.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
REVENUE ESTIMATES (360 1)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Description
Description
Amount
Debit Credit
Description
Division Number 7015 Parks
Account Number C2310629 Goldenrod Planter Replacement $20,000.00
Division Number 7015 Parks
Account Number C3130554 Eastbluff Park Walkway Replacement $20,000.00
Division Number 7181 Gas Tax
Account Number C5100399 Balboa Blvd Reconstruction $19,070.00
Division Number 7181 Gas Tax
Account Number C3130554 Eastbluff Park Walkway Replacement $19,070.00
Division Number
Account Number
AutomeUc System Entry.
Signed:
Fin ncial Apr I: Administrative ervice Director Date
Signed: Vt.(�p..�i 'lam
Administrative
Approvali City /Manager
ate `
Signed: ✓117 su'Y'`L
City Council Approval: City Clerk Date
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
November 13, 2001
Beador Construction Co.
P. O. Box 1
Corona del Mar, CA 92625
Gentlemen:
Thank you for your courtesy in submitting a bid for the Eastbluff Park Walkway
Reconstruction, Phase II (Contract No. 3334) 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, CMCIAAE
City Clerk
3300 Newport Boulevard, Newport Beach
0 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
November 13, 2001
Damon Construction Company
455 Carson Plaza Drive, Unit F
Carson, CA 90746
Gentlemen:
Thank you for your courtesy in submitting a bid for the Eastbluff Park Walkway
Reconstruction, Phase II (Contract No. 3334) 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,
d" U B7"n.t.. M /(V�
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
0 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
K.A.S. Equipment & Rental, Inc.
P. O. Box 9570
Ontario, CA 91762 -9570
Gentlemen:
(949) 644 -3005
November 13, 2001
Thank you for your courtesy in submitting a bid for the Eastbluff Park Walkway
Reconstruction, Phase II (Contract No. 3334) 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
November 13, 2001
GCI Construction, Inc.
245 Fischer Avenue, B3
Costa Mesa, CA 92626
Gentlemen:
Thank you for your courtesy in submitting a bid for the Eastbluff Park Walkway
Reconstruction, Phase II (Contract No. 3334) 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
November 13, 2001
Integrated Project Solutions, Inc.
DBA: Navada IPS
26895 Aliso Creek Road, B562
Laguna Niguel, CA 92677
Gentlemen:
Thank you for your courtesy in submitting a bid for the Eastbluff Park Walkway
Reconstruction, Phase II (Contract No. 3334) 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