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Home My WebLink AboutC-3352 - 2000-2001 City-Wide Sidewalk, Curb and Gutter Replacement ProjectLi • 1 • PAGE 16 EXECUTED IN 4 COUNTERPARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2000 -2001 CITYWIDE SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3352 BOND NO. 929169451 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ $2,925.00 , being at the rate of $ $25.00 & $15.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Name of Contractor, hereinafter designated as the "Principal ", a contract for construction of 2000 -2001 CITYWIDE SIDEWALK, CURB AND GUTTER REPLACEMENT, Contract No. 3352 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. 3352 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and CONTINENTAL CASUALTY 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 twenty -eight thousand, three hundred twenty -five and 00/100 Dollars ($128,325.00) 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. •) • PAGE 17 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 year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 20TH day of SEPTEMBER 2000. LGT ENTERPRISES, INC. Name of Contractor (Principal) CONTINENTAL CASUALTY COMPANY Name of Surety 1800 E. IMPERIAL HWY. BREA, CA 92821 Address of Surety (800)262 -8714 Telephone MICHAEL A. QUIGLEY, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED a} 0, CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of I ss. On SEPTEMBER 20, 2000 before me, M. TREDINNICK, NOTARY PUBLIC Deb Na" ena Tee d Orrcx 1e.g- .'Jane Doe. Nou1y Po W) personally appeared L. G. TOOTIKIAN ® personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(R) whose name(*5 istime subscribed to the within instrument and acknowledged to me that he /9beObW executed M. T=_ -D!.v.wC< the same in his/1,9e% authorized ?` ca aci and that b his/hx3bbt3bC Cc-- :ssr,� 12 ?3054 z P tY)• Y �, -tf^ •._., . , .. r -. c.�c — cciitomia signature; on the instrument the person(5{), or "r i o.angeCounb the entity upon behalf of which the person06) �� my Comm. Expires Mar 25, 2003 acted, executed the instrument. WITNESS ,my hand and obfficial seal. Pace Nedry sw I S "� of NoO1Y Pubk OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual • Corporate Officer — Tdle(s): • Partner - 01imited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: Number of Pages: 0 1997 N wW Nob y Anocia • 9g Do Sob Aw.. P.O. hoe 2402 • Cnan . U 993112402 Prof. W. 5907 Rapor. Cak To Fran 1-50047&4MU ,) t', CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of ORANGE On SEPTEMBER 20, 2000 Date I ss. before me, M. TREDINNICK, NOTARY PUBLIC Name ane TNe a offs (e.9.. -Jane Doe, Noary Pud -) personally appeared MICHAEL A. QUIGLEY Nar wsj of sip".) Pb Notary Semi Abwe El personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person* whose name(g) is / *NX subscribed to the within instrument and acknowledged to me that he]NKKMWexecuted the same in his /tt3iIMLIr authorized capacity(i4, and that by his /tfed M)c signature) on the instrument the person(al), or the entity upon behalf of which the person(l) acted, executed the instrument. WITNES tkt nd and officig('3eal. ftnabue a Habry P1IDE 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 to= to another document Description of Attached Document Title or Type of Document Document Date: Number of Pages: s) Other Than Named Above: ity(ies) Claimed by Signer Name. ' ' vidual Top m th here porate Ofricer— Trtle(s): ner —❑ Limited ❑ General LMehanN rney in Fact tee rdian or Conservator er. Is Representing: 0 1997 Netbnei No,ary Asaoeiebon • 9350 D. Soto Ave, P.O. Box 2402 • CMtvv . CA 913112402 Pmd. No. 5907 Reoltle . Can To0. ,ee 1-506875-6827 POWER OF ATTO *'=Y APPOINTING INDIVIDUAL P0 )RNEY -IN -FACT Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation (herein collectively called "the CCC Surety Companies'), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint of Aliso Vieio California their true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 6th day of March 2000 c Zl4zr iNSUR� M.a CONTINENTAL CASUALTY COMPANY �� A� k\pt 'rc�. �O° 4, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD y AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA gCIWWrE.��T tow's �`�' �(� - 1 V • l /��y� JULY 1, SEAL t n72 a fae7 iu • Marvin J. Cashion Group Vice President State of Illinois, County of Cook, ss On this 6th day of March , 2000 , before me personally came Marvin J. Cashion, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago. State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument, that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. 'OFFICIAL 1r DIANE FAULKNER LlQJER Notary pubill touts of Illinois • • My COMMWSion 6gwss 9117101 � My Commission Expires September 17, 2001 Diane Faulkner Notary Public CERTIFICATE I, Mary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 20TH day of SEPTEMBER 2000 ��01 GAsLk4).jC, " WOPA" � o 0v SEAL 1e97 (Rev.1011l97) CONTINENTAL CASUALTY COMPANY uo'""OtR NATIONAL FIRE INSURANCE COMPANY OF HARTFORD ^� AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA m `NtaRro14T,r0 JULY n, not l� r • Mary A. Ribikawskis Assistant Secretary April 6, 2001 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 LGT Enterprises, Inc. P. O. Box 3905 Tustin, CA 92781 -3905 Subject: 2000 -2001 Citywide Sidewalk, Curb and Gutter Replacement (C -3352) To Whom It May Concern: On February 27, 2001, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on March 2, 2001, Reference No. 20010118068. The Surety for the contract is Continental Casualty Company, and the bond number is 929169451. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk LH:cf cc: Public Works Department R. Gunther, P.E., Construction Engineer encls. 3300 Newport Boulevard, Newport Beach • • PAGE 14 EXECUTED IN 4 COUNTERPARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2000 -2001 CITYWIDE SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3352 BOND NO. 929169451 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Name of Contractor, hereinafter designated as the "Principal," a contract for construction of 2000 -2001 CITYWIDE SIDEWALK, CURB AND GUTTER REPLACEMENT, Contract No. 3352 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. 3352 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, CONTINENTAL CASUALTY COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of one hundred twenty-eight thousand, three hundred twenty-five and 00/100 Dollars ($128,325.00) lawful money of the United States of America, said sum being equal to 100 % of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. • • PAGE 15 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the 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 20TH day of SEPTEMBER 2000. LGT ENTERPRISES, INC. Name of Contractor (Principal) CONTINENTAL CASUALTY COMPANY Name of Surety 1800 E. IMPERIAL IM BREA, CA 92821 Address of Surety (800)262 -8714 Telephone MICHAEL A. QUIGLEY, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 0 9 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of ORANGE I ss. On SEPTEMBER 20, 2000 before me, M. TREDINNICK, NOTARY PUBLIC Dab Na "Tie 01 WPM (aA..'Jam O . Notary FvWi j personally appeared L. G. TOOTIKIAN M.($) or sagnar* M. EDNNICK Ccr-.miss,o� = I21 3054 r re,�a�li- '"NarC.ry °UpiiC— CalifcL9ia _ " _1'My Comm. Expires Mar 26, 2003' Pop Notary S" A M personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(aO is/mp subscribed to the within instrument and acknowledged to me that he /abef}h@y executed the same in hisMeXARAt R authorized capacity(Rib), and that by his/hPiObolK signature" on the instrument the person(go, or the entity upon behalf of which the person06) acted, executed the instrument. WITNESS my hand an offici seal. sqp a Notwy Pm4e OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above. Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): Partner —❑ Limited ❑ General Attorney in Fact Trustee is Guardian or Conservator Other. Signer Is Representing: Number of Pages: 0 1997 ,a NoWy Aaaatlatbn • 9730 00 Sd A"_ P.O. S. 2402 • CttauworOt CA 91313-2402 Pra6 No. 3907 Radbr. Call T*"P 1400 -V"827 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of ORANGE I SS. On SEPTEMBER 20, 2000 ',before me, M. TREDINNICK, NOTARY PUBLIC Data Nam. aN I ntla or of im ia.9. •.la.r D., Notary Pu in personally appeared MICHAEL A. QUIGLEY W-*S) Of Sig -os) 12'. JG5S m Pubilc— CC;i;o ^ac v'Y rC ^.CAB C0�1 Ily y� x�- My C��m. Fcp,res .Mar 26, 2( M personally known to me El proved to me on the basis of satisfactory evidence M..Ii;p:1 P to be the person* whose name(N) is /JW subscribed to the within instrument and acknowledged to me that heAUVAMWexecuted the same in his/hoaWmEir authorized capacity(1�6t9q, and that by his /ttH flub[ signature(&) on the instrument the person(so, or the entity upon behalf of which the person(g) acted, executed the instrument. WITNESS hand and offici7I. 0 CL 2 Puce Notuy Sar Aowa sv.O of Nobly Hmee 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(l ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑.Limited ❑General 29 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: Number of Pages: R1GHTTtIUraBP W F!T OF SIGNER LII= 0 1997 Natlo,W NOWy Assooi-tlm • 9350 Do Som Aw.. PO. 11M 242 • Cfuut atm. CA 91313.242 Pmd. No. 55107 Rwoor. CaX To6Fraa 1-000-8764W POWER OF ATTO.`Y APPOINTING INDIVIDUAL A*�RNEY -IN -FACT Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation (herein collectively called "the CCC Surety Companies'), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint Michael A. Quigley, Individually their true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 6th day of March 1 2000 CONTINENTAL CASUALTY COMPANY �tyc��tT tsy. Iwsti44y�', �uo"ra4 NATIONAL FIRE INSURANCE COMPANY OF HARTFORD cawourE p r rG�7 AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA • 11 3 lull 71, / / /�� V • /i��_ SEAL `s < Il72 " {' feel MA • d� Marvin J. Cashion Group Vice President State of Illinois, County of Cook, ss On this 6th day of March , 2000 , before me personally came Marvin J. Cashion, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. ♦••••••••••• *OFFICIAL S •••••••••: l/ LANE IAL SEAL" DWNE FAULIWER Notary 1LAft. *at* of minis • ►AyC•n•niss{ooEA�i1•s4f17fOt � My Commission Expires September 17, 2001 Diane Faulkner Notary Public CERTIFICATE 1, Mary A. Ribikavrskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof 1 have hereunto subscribed my name and affixed the seals of the said corporations this 20TH day of SEPTEMBER 2000 CONTINENTAL CASUALTY COMPANY 24�CrsWtT} ``pE tNSUR�,�� hwxr a4„ NATIONAL FIRE INSURANCE COMPANY OF HARTFORD rt, ccAraur4 AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA u SEAL � �. � � On 1487 MA4lfdf'0 • / Mary A. Ribikawskis Assistant Secretary (Rev.10 /1/97) 0 RECORDIN &LFEWAP6Y AND WHEN RECORDED RETURN TO: '01 LIAR 13 AB :35 City Clerk City of Newport Beach Newport - I k CLERt< oEACii 0 Recorded in Official Records, County of Orange Gary Granville, Clerk- Recorder IIIIIiIIIiIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE 2001011806810.32am 03102/01 115 3 N12 1 0 0 0.00 o.00 0.00 0,00 0.00 0.00 0.00 "Exempt rom recording fees _ pursuant to Government Code Section 6103" NOTICE OF COMPLETION iF NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and LGT Enterprises, Inc. of Tustin, California, as Contractor, entered into a Contract on September 12, 2000. Said Contract set forth certain improvements, as follows: 2000 -2001 Citywide Sidewalk, Curb and Gutter Replacement, C -3352 Work on said Contract was completed on January 23, 2001, and was found to be acceptable on February 27, 2001, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is i. BY '111 ./ LL Pubic 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 ve ri BY , City Clerk at Newport Beach, California. w • • C3�� - 3.:3 TO: Mayor and Members of the City Council FROM: Public Works Department February 27, 2001 CITY COUNCIL AGENDA ITEM NO. 8 SUBJECT: 2000 -2001 CITYWIDE SIDEWALK, CURB AND GUTTER APPROVED REPLACEMENT, CONTRACT NO 3352 — COMPLETION AND ACCEPTANCE RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On September 12, 2000, the City Council authorized the award of the 2000 -2001 Sidewalk, Curb and Gutter Replacement contract to LGT Enterprises of Tustin, California. The contract provided for the replacement of approximately 14,334 square feet of sidewalk, 933 linear feet of curb and gutter, 1,161 square feet of driveway approach, and root pruning of 145 trees within Westcliff, Cameo Shores, and Cameo Highlands. In addition, 25 curb access ramps were installed within Cameo Highlands. 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: $128,325 Actual amount of bid items constructed: 134,078 Total amount of change orders: 7,237 Final contract cost: $141,315 The increase in the amount of actual bid items constructed over the original bid amount resulted from the need for additional curb and gutter, asphalt patching, and concrete driveways exceeding the bid item quantities. The final construction bid item cost was 5.64 percent over the original bid amount. There was only one change order and it was excluded from the overall contract analysis since it was funded privately by an adjacent property owner. SUBJECT: 2000.2001 Citywide Oalk, Curb and Gutter Replacement, Contract No. 0 Completion And Acceptance l February 27, 2001 Page 2 The change order in the amount of $7,327 provided for the construction of a two -space parking bay on the east side of Avocado Avenue and was funded via the vacation and abandonment of a portion of unused right -of -way with construction of the parking bay paid for by the property owner, Mrs. Wheeler. Funds for the project were expended in the following accounts: Description Account No. Amount Sidewalk, Curb & Gutter Replacement Program 7013- C3130016 $130,000 Curb Access Ramp Construction 7013- C5100549 3,315 Private Donations /Contributions 5200 -5901 7013- C5100549 8,000 Total $141,315 The original scheduled completion date for this project was November 29, 2000. Due to the change order work requested by the City, the completion date was extended to January 23, 2001. All work was completed by the revised completion date. Respectfully submitted, /Lz/v Zclm. 4 PUBLIC WORKS DEPARTMENT Don Webb, Director By: '�, 6u.Pi/76t-/ R. Gunther, P.E. Construction Engineer RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt rom recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and LGT Enterprises, Inc. of Tustin, California, as Contractor, entered into a Contract on September 12, 2000. Said Contract set forth certain improvements, as follows: 2000 -2001 Citywide Sidewalk, Curb and Gutter Replacement, C -3352 Work on said Contract was completed on January 23, 2001, and was found to be acceptable on February 27, 2001, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Continental 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 on2,rr �/' /, a7 /G1 _o / at Newport Beach, California. BYrrG� �� City Clerk a9� lity of Newport Beachle BUDGET AMENDMENT 2000 -01 EFFECT ON BUDGETARY FUND BALANCE: Account Number Increase Revenue Estimates Pq Account Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues X from unappropriated fund balance EXPLANATION: NO. BA- 017 AMOUNT: Ee,000.00 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expenditure appropriations to provide for construction of parking bay as required per the vacation easement, Resolution 99 -34. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 010 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description General Fund Balance Description Description Division Number 7013 Street Account Number C5100549 Curb Access Ramp Construction Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: Services Director City Manager City Council Approval: City Clerk Amount Debit Credit $8,000.00 Automatic $8,000.00 Date .� Date November 28, 2000 CITY COUNCIL AGENDA APPROVED ITEM NO. 7 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: 2000 - 2001 SIDEWALK, CURB AND GUTTER REPLACEMENT, CONTRACT NO. 3352 - BUDGET AMENDMENT RECOMMENDATION: Approve a budget amendment appropriating $8,000 from General Fund Balance 010- 3605 to 7013- C5100549 (2000 -2001 Sidewalk, Curb and Gutter Replacement). DISCUSSION: At the May 10, 1999, meeting, Council approved Resolution No. 99 -34 ordering the vacation and abandonment of a portion of unused right -of -way along the westerly side of Avocado Avenue. A component of the easement vacation provided for the owner of the property, Mrs. Wheeler, to pay for the construction of a two -space parking bay on the east side of Avocado Avenue. As agreed, Mrs. Wheeler submitted a check in the amount of $8,000 on June 22, 1999. These funds were deposited to Account No. 5200 -5901 (Private Donations /Contributions) and were rolled into the General Fund balance at the end of the fiscal year. Public Works has added the construction of the two -space parking bay on the east side of Avocado Avenue as a change order to Contract No. 3352 and requests the appropriation of the $8,000 from General Fund balance to complete this work. Respectfully submi ' d�/ ( � ` ly (07 PUBLIC WORKS DEPARTMENT Don Webb, Director �( n Lois Thompson Administrative Coordinator Oty of Newport Beach 0 BUDGET AMENDMENT 2000 -01 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates fq Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues X from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 017 AMOUNT: Ea,000.aa Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance :4 I I To increase expenditure appropriations to provide for construction of parking bay as required per the vacation easement. Resolution 99 -34. _ ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 010 3605 REVENUE ESTIMATES (360 1) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Division Account Division Account Division Account Division Account Signed: Signed: Signed: Number Number Number Number Number Number Number Number Description General Fund Balance Description Description 7013 Street C5100549 Curb Access Ramp Construction Services Director City Council Approval: City Clerk Amount Debit Credit $8,000.00 ' $8,000.00 Date Date • CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915 until 11:00 a.m. on the 31St day of August, 2000, at which time such bids shall be opened and read for 2000 -2001 CITYWIDE SIDEWALK, CURB AND GUTTER REPLACEMENT Title of Project Contract No. 3352 $142,000 Engineer's Estimate Approved by w(M Ctkmo (, Willi gm ftak6poff City Engineer Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. O. Box 1768, Newport Beach, CA 92658 -8915. Required Contractor License Classification: "A" or "C -8" For further information, call Fong Tse, Project Manager at(949)644-3311. 0 9 PAGE 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2000 -2001 CITYWIDE SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3352 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 SPECIALPROVISIONS ................................................................. ...........................SP -1 WORK SCHEDULE ................................... ............................... .......................APPENDIX PAGE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2000 -2001 CITYWIDE SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3352 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. 9 PAGE 2 The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. ,19c,Pa13- A Contractor's License No. & Classification Ly Bidder Au orized Signature/Title L -U TOofjICla#i OeSideviT 0 . . �1� 08%28.00 MON 10-03 FAX 714 731 8067 LGT ENTERPRISES 10,002 PAGE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2000 -2001 CITYWIDE SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3352 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 finely bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF THE BID AMOUNT - Dollars ($ 10% OF BID ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of 2000- 2001 CITYWIDE SIDEWALK, CURB AND GUTTER REPLACEMENT, Contract No. 3352 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 duty enter into and execute the Contract Documents for the construction of the project in the form required within ten days (10) (not including Saturday, Sunday, and federal holidays) after the date of the mailing of Notice of Award; otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 28TH day of AUGUST 2000. LGT ENTERPRISES, INC. Name of Contractor (Principal) CONTINENTAL CASUALTY COMPANY Name of Surety 1800 E. IMPERIAL HWY, BREA, CA 92821 Address of Surety (800)262 -8714 Telephone (Notary acknowledgment of Principal & Surety must be attached) i,CT CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ORANGE ss. I County of On AUGUST 28, 2000 before me, M. TREDINNICK, NOTARY PUBLIC Date W me am rtle of cfrm (a.g..'Ja Doe. Notary Puwkl personally appeared MICHAEL A. QUIGLEY Names) of signer(a) M personally known to me proved to me on the basis of satisfactory evidence Place Nowy Seal Ae e OPTIONAL S® tm, of Notay PuOE Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): _ Partner —❑ Limited ❑ General Im Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Number of Pages: RIGR UMBPRINT OF SIr.NEti 0 1"T Wtbrul Noary Aawaeeen •9750 00 Soto Ave., P.O. 90: 242 - CnaOw . CA 91710 -7402 Prof. ,io. 5901 Reorder. Gil Td4Free 1.9004766E21 to be the personM whose name(N) is /dt76X subscribed to the within instrument and � acknowledged to me that heXK&WA4Xexecuted the same in his /11811276k authorized capacity(W, and that by his /heKkkKk try CO3 fxoires Mcr 26, 2003 signature(X) on the instrument the person(SO, or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Nowy Seal Ae e OPTIONAL S® tm, of Notay PuOE Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): _ Partner —❑ Limited ❑ General Im Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Number of Pages: RIGR UMBPRINT OF SIr.NEti 0 1"T Wtbrul Noary Aawaeeen •9750 00 Soto Ave., P.O. 90: 242 - CnaOw . CA 91710 -7402 Prof. ,io. 5901 Reorder. Gil Td4Free 1.9004766E21 POWER OF ATTOVY APPOINTING INDIVIDUAL AT#RNEY -IN -FACT Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation (herein collectively called "the CCC Surety Companies "), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint Michael A. Quigley, Individually of Aliso Viejo, California their true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated. by the Boards of Directors of the corporations. In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 6th day of March 1 2000 GAS (r21� n Z CoM01F4re i i v U SEAL 1897 CONTINENTAL CASUALTY COMPANY !Dju1tDxz1 NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY CCOMPANY OF READING, PENNSYLVANIA / ///"''..�' Al au* 16r,44� Marvin J. Cashion Group Vice President State of Illinois, County of Cook, as: On this 6th day of March 2000 , before me personally came Marvin J. Cashion, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. •••••••••••• 'OFFICIAL IAL SEAL DIANE FAUUQNE JER i No" Ptilb, pat• of li inois • My COWMISSIM bapins 9/17/01 My Commission Expires September 17, 2001 Diane Faulkner Notary Public CERTIFICATE I, Mary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify thatthe Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 28TH day of AUGUST 2000 CONTINENTAL CASUALTY COMPANY it•`G��rAC tvQt tMSUggHCf h`u�yyArra'„b NATIONAL FIRE INSURANCE COMPANY OF HARTFORD roP�r n t Y� AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA ca` • e � � L�'X�i�y g a r�,caarwA,�o q y —_ _ _✓j� S JULY n. ; SEAL T }. \` 3 � 1792 � 1897 HAP7f Mary A. Ribikawskis Assistant Secretary (Rev.10 11/97) Ausrizing By -Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article IX— Execution of Documents Section 3. Appointment of Attorney -in -fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attomeys -in -fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attomeys -in -fact, subject to the iimitabons set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attorney -in- fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article VI— Execution of Obligations and Appointment of Attorney -in -Fact Section 2. Appointment of Attorney -in -fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney -in- fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, thatthe signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from time to time, appoint, by written certificates, Attorneys -in -Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such Attorney -in -Fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney -in -Fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation." Author *g By -Laws and Resolutions • )OPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article IX— Execution of Documents Section 3. Appointment of Attorney -in -fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attomeys -in -fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attorney -in -fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board cf Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be aff ixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article VI— Execution of Obligations and Appointment of Attorney -tn -Fact Section 2. Appointment of Attorney -in -fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attomeys -in -fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attomeys -in -fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney -in -fact' This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from time to time, appoint, by written certificates, Attorneys -in -Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such Attorney -in -Fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney -in- Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation." • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California n County of \ V7l Yl �t ss. 0 On kj j , before me, l l ) I t f- j i l li n l ( L A ) l "q Oate Name and Title of Officer e.g.,'Jarro Doe. No ry Public) personally appeared L_ ( �`�i �1 1C Name(.) .1 SVgmgs) yf personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personA whose name(,] (is%r subscribed to the within instrument and acknowledged to me that (t gshe /they- executed the same in hi *her heir aithorized capacity(), an that by isMaerl#wgr_ signature on the instrument the personA, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my h nd and offj�al. \ Umil 1 ( . Place Notary Seal Above S- turo 0 Notary wVC OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner —0 Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: WGFiT TXUM6PwN7 oP SIGNFR O 1997 National Notary A.aooauon • 9350 De Soto Ave., P.O. Box 2402 • CMus norm, CA 913132402 Prod. Ne. 5907 Reome . Call Toll -Free 1�erbeecl F 1213054 ior ;° ' 2003- �>Y yf personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personA whose name(,] (is%r subscribed to the within instrument and acknowledged to me that (t gshe /they- executed the same in hi *her heir aithorized capacity(), an that by isMaerl#wgr_ signature on the instrument the personA, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my h nd and offj�al. \ Umil 1 ( . Place Notary Seal Above S- turo 0 Notary wVC OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner —0 Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: WGFiT TXUM6PwN7 oP SIGNFR O 1997 National Notary A.aooauon • 9350 De Soto Ave., P.O. Box 2402 • CMus norm, CA 913132402 Prod. Ne. 5907 Reome . Call Toll -Free 1�erbeecl 0 0 PAGE 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2000 -2001 CITYWIDE SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3352 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. 3. Subcontract Work Subcontractor Address 05$35 00.rbc,nny Are__ '" 05 I'T 4. 5. 6. 7. 8. 9. 10. Fri FC r ✓Y'i s'c- nC . / �1� Bidder horized Signature/Title L .G - 1 oofi K- ar)l l�2Sident i 0 PAGE 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2000 -2001 CITYWIDE SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3352 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 bee IlWT Bidder thonzed Signature/Title L.G• T610'hA -t ;, Pres;c�,�t Lic. No. 296213 -A 2000 JOB LIST �J ' es. Inc. General Engineering Contractors Job 00 -01 City of Santa Ana Neighborhood Improvements Edward Torres Project Nos. 1804, 1805, (714) 647 -5018 7353 and 7354 $168,052 awarded: Feb. 2000 completed: August 2000 Job 00 -02 City of South Gate South Gate Park Outdoor Abdulla Ahmed Basketball Court Concrete (323) 563 -9581 Slab Replacement $88,900 City No. 251 -ARC awarded: Feb. 2000 completed: April 2000 Job 00 -03 City of Corona Pedestrian Access, Various Linda Abushaban Locations (909) 739 -4812 Project No. 39 -1199 $50,560 awarded: Feb. 2000 completed: July 2000 Job 00 -04 City of Riverside Accessible Pathway 1999/2000 Rob Van Zanten Phase II (909) 826 -5875 awarded: March 2000 $121,730 completed: June 2000 Job 00 -05 City of Orange Annual Service Contract Jose Maciel for Concrete Replacement (714) 744 -5526 Bid No. 978 -48 $120,000 awarded: July 2000 P.O. Box 3905 Tustin, CA 92781 -3905 714- 734 - 8064 /FAX 714 - 734 -8067 Lic. No. 296213 -A Job 99 -009 Job 99 -010 = Cnferprises, 5ne. General Engineering Contractors 1999 JOB LIST .Charles Abbott Assoc. Curacao & Tobago Kevin Smith Concrete Improvements (949) 362 -3820 Laguna Niguel $14,875 awarded: July 1999 completed: July 1999 City of Orange Annual Service Contract for Concrete Replacement (714) 532 -6480 Bid No. 978 -48 Job 99 -011 City of South Gate David Lopez /Tom Melendrez (323) 563 -9537 $262,675 Job 99 -012 City of Beverly Hills Chris Theisen (310) 285 -2511 $577,809 Job 99 -013 Co. of Orange PRRD Bob Witting (714) 567 -6253 $60,000 1998 -99 Citywide Pave- ment Rehab. Program, Phase II Project 241 -ST awarded: July 1999 completed: October 1999 1999 -2000 Annual Maint. & Rpr. of St. and Alleys awarded: July 1999 completed: PCC Maint. Rpr Contract P/A No. N1000002079 awarded: Aug. 1999 completed: P-O. Box 3905 Tustin, CA 92781 -3905 714- 734 -8064 / FAX 714- 734 -8067 Lic. No. 296213 -A 1999 JOB LIST Cn %rprlses, 5nc. General Engineering Contractors Job 99 -001 City of South Gate 1998 -99 Citywide Wheelchair Mike Williams Ramps & Bollards -(323) 563 -9537 Project No. 227 -ST $43,410 awarded: Jan. 1999 completed: March 1999 Job 99 -002 L.A. Co. Dept. Pub. Works Imperial Highway Ray Green La Mirada (626) 458 -4933 Cash Contract 8899 $93,645 awarded: March 1999 completed: July 1999 Job 99 -003 City of Huntington Park Wheelchair Ramp Facilities Patrick Fu at various locations (323) 584 -6273 Project No. 99 -005 $22,533 awarded: April 1999 completed: June 1999 Job 99 -004 City of South Gate 1998 -99 Bus Shelter Program David Lopez Project No. 238 -GEN (323) 563 -9576 awarded: April 1999 $82,800 completed: August 1999 Job 99 -005 Charles Abbott Assoc. Golden Springs Drive Kevin Smith Drainage Improvements (949) 362 -3820 awarded: May 1999 $18,719 completed: May 1999 Job 99 -006 City of South Gate Citywide Sidewalk Replacement Abdulla Ahmed Program (323) 563 -9581 Project No. 242 -ST $64,200 awarded: June 1999 completed: July 1999 Job 99 -007 City of Santa Ana Bus Stop Accessibility Impr William Albright Project No. 8675 (714) 565 -4029 awarded: June 1999 $142,454 completed: November 1999 Job 99 -008 City of Westminster Bus Stop Accessibility Imp. Peter Mackprang at 73 various locations (714) 898 -3311 xtn 217 Project No. 55036- 991007 $89,583 awarded: June 1999 completed: August 1999 P.O. Box 3905 Tustin, CA 92781 -3905 714- 734 -8064 ) FAX 714 - 734 -8067 Lic. No, 296213 -A Job 98 -010 Job 98 -011 Job 98 -012 Job 98 -013 Job 98 -014 Job 98 -015 Job 98 -016 Job 98 -017 .. 0 L,93 Cn%rprises General Engineering Contractors 1998 JOB LIST City of Santa Ana School Signage and Cross - William Albright walks - Citywide (714) 565 -4029 Project No. 1608 $208,400 Awarded: July 1998 Completed: January 1999 City of Santa Ana Bus Stop Accessibility David Urbin Improvements (F.Y. 97 -98) (714) 565 -4028 Project No. 8673 $139,089 Awarded: June 1998 Completed: February 1999 City of Orange Annual Service Contract for Phil Pierce Concrete Replacement various (714) 532 -6480 locations Fiscal Year 1997 -98 $198,000 Bid No. 978 -48, PO #R15803 Awarded: June 1998 City of Lake Forest Sidewalk Access Ramp Const. Derek Wieske Project and Jeronimo Road (949) 461 -3488 Sidewalk Gap Closure Project $202,538 Awarded: June 1998 Completed: February 1999 Co. of Orange /PF &RD Access Ramps at various loc- Robert Witting ations in the Laguna Hills (714) 567 -6253 Area $10,000 Awarded: Sept. 1998 Completed: Dec. 1998 City of Beverly Hills Upgrade Holiday Banner Sup - Rob Beste ports along Wilshire Blvd. (310) 285 -2512 Awarded: Sept. 1998 $181,494 Completed: Nov. 1998 City of Laguna Niguel Niguel Heights Rd. @ Avila Terry Lutz Via Valverde Drain @ Cul -de -sac (949) 362 -4364 Awarded: Sept. 1998 $18,975 Completed: Sept. 1998 Charles Abbott Assoc. Various locations in Laguna Kevin Smith Niguel (949) 362 -3820 Awarded: October 1998 $9,092.50 Completed: October 1998 City of Beverly Hills 1998 -99 Annual Maint. and Prem Kumar Repair of Streets and Alleys (310) 285 -2557 Awarded: October 1998 $701,828 Completed: June 1999 P.O. Box 3905 Tustin, CA 92781 -3905 714 - 734 - 8064 /FAX 714- 734 -8067 Job #98 -001 Job #98 -002 Job #98 -003 3;�L3 Job #98 -004 E 0 City of Beverly Hills Median Construction on Robert Beste La Cienega Blvd. between (310) 285 -2504 Gregory Way and Olympic Blvd. PO #98203170 awarded: Nov. 1997 $141,325 Completed: May 1998 City of Beverly Hills 1997 -98 Annual Maintenance Robert Beste and Repair of Streets and (310) 285 -2504 Alleys - Contract No. 150 -97 PO #98204126 Awarded: Nov. 1997 $459,975 Completed: July 1998 City of South Gate Abdulld Ahmed ,0+2) 563 -9581 Contract No. 1767 $75,950 City of South Gate Abdulla Ahmed (213) 563 -9581 Contract No. 1760 $44,939.50 Job #98 -005 City of South Gate David Lopez 5a'2> (213 563 -9576 Contract No. 1773 $91,400 Job #98 -006 HCB Contractors Jim Harrison (310) 271 -9279 $80,160 Job #98 -007 The Equitable - Nissei Figueroa Co. Mark Fisher (213) 620 -0410 PO #13318 $9 $89 I b I so Job #98 -008 Alain Hirsch Const Greg Sorum (714) 527 -8500 Contract No. VC177 $8,255 Job #98 -009 V O I D FY 1997 -98 Citywide Sidewalk and Wheelchair Ramps Const. Project No. 213 -ST Awarded: Jan. 1998 Completed: Feb. 1998 Const. of Permanent Picnic Areas in South Gate Park, Phase II - Project No. 204 -GEN Awarded: Nov. 1997 Completed: Jan. 1998 1998 Bus Shelter Program Project No. 209 -GEN Awarded: March 1998 Completed: July 1998 Concrete Onsite and Offsite Work Canon at Wilshire /Tolex Tenant Improvement - 9420 Wilshire Blvd., Beverly Hills Awarded: May 1998 Completed: Aug. 1998 Install Handicap Ramps and Repair Sidewalk at 445 South Figueroa St., Los Angeles Awarded: April 1998 Completed: May 1998 Concrete Work at Macy's Mission Road - Furniture Clearance Center Awarded: June 1998 Completed: June 1998 V 0 I D 0 COMPLETED JOBS 1. City of South Gate Abdulla Ahmed 3a3 P2 563 -9581 Contract No. 1730 $44,800 ..... 2. City of Fountain Valley Bob Kellison (714) 593 -4517 Contract No. CON -97 -50 $22,818 3. City of South Gate Abdulla Ahmed 3a� (-2-�) 563 -9581 Contract No. 1731 $84,700 4. City of Beverly Hills Robert Beste (310) 285 -2512 Contract No. 126 -96 $429,370 0 Construction of Permanent Picnic Areas in South Gate Park Project No. 200 -GEN Awarded: June 1997 Completed: July 1997 Construction of Pedestrian Improvements at various loca- tions - Project No. GF4149 Awarded: June 1997 Completed: Aug. 1997 Citywide Sidewalk and Wheel- chair Ramp Construction Project No. 193 -GEN Awarded: June 1997 Completed: July 1997 1996 -97 Annual Maintenance and Repair of Streets and Alleys Awarded: Nov. 1996 Completed: June 1997 5. City of South Gate Tweedy Blvd. and Garfield Abdulla Ahmed Ave. Improvements 3;3 (7.137 563 -9537 Awarded: March 1996 $267,420 Completed: Oct. 1996 6. L.A. Co. Dept. Public Works Azusa Avenue (Pave Median and Robert Schwartz Reconstruct damaged Sidewalk) (.aa(o (-& 8) 458 -3122 Awarded: June 1996 Cash Contract 8457 Completed: Aug. 1996 $91,160 7. City of Tustin Street Improvements for San Juan Dave Balbas Street Widening and Walnut Street (714) 573 -3150 Widening - Newport Ave. to Project Nos. 700134 Orange Street and 700135 Awarded: Aug. 1995 $173,061 Completed: March 1996 8. City of Paramount Progress Park Parking Lot and Don Allen Basketball Lighting Improvements (310) 908 -6200 Awarded: Sept. 1995 Project No. 9923 Completed: Dec. 1995 $81,140 0 0 PAGE 6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2000 -2001 CITYWIDE SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3352 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of r ) L . C-� . I C� 1� i 0.1 , being first duly sworn, deposes and says that he or she is Vre-5 i d ev\fi of t GT n e^ C . , the party making the foregoing bid; that the bid is not made in the interest of, 6r on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. L T Fn-4e,- s es Bidder Authorized Signature/Title L_(.q• ioutiK'I w -\, 1°res�cey�t Subscribed and sworn to before me this _ day of Notary Public 2000. [SEAL] My Commission Expires: • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California r ss. County of F_ i 71 1 On , Data personally appeared before me, I i Pa t2jil, Name and Me of Off., (e.g. Jane Coe, Notary Pu lic-) I "I -- . I , . 1K['- JINNIC( Comn'aEXpi�eS Mar i6, 2003 personally known to me proved to me on the basis of satisfactory evidence to be the personK whose name* (jam subscribed to the within instrument and acknowledged to me that&shekhey executed the same in 6is uthorized capacity(los), and that by i1sfherfttte1r signature(Von the instrument the personal, or the entity upon behalf of which the personal acted, executed the instrument. WITNESS my hand and official s aaf.� I PWCe Notary seal Above 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 Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner-0 Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT TMUMapRINT OF SIGNER O 1997 National Notary Asaxoatbn • 9350 De Sato Aw., P.O. Box 2402 • Chaft a . CA 91313 -2402 Prod, No. 5907 Reorder Call Toll -Free 1.800-978 -6827 • • PAGE 7 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2000 -2001 CITYWIDE SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3352 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. F- 1 J CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT • PAGE 8 2000 -2001 CITYWIDE SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3352 CONTRACT THIS AGREEMENT, entered into this 12th day of September, 2000, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and LGT Enterprises, Inc., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: 2000 -2001 CITYWIDE SIDEWALK, CURB AND GUTTER REPLACEMENT Project Description 3352 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. 3352, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 0 0 PAGE 9 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of one hundred twenty -eight thousand, three hundred twenty -five and 00/100 Dollars ($128,325.00). 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 CONTRACTOR LGT Enterprises, Inc. P.O. Box 3905 Tustin, CA 92781 -3905 (714) 734 -8064 F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 0 9 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 connection with the performance of the work representatives, employees or subcontractors. included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: property which may arise from or in hereunder by Contractor, his agents, The cost of such insurance shall be a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0001 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0001 0187 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. PAGE 11 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. 5. Acts of God • PAGE 12 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. 6. Right to Stop Work for Non - Compliance City shall have the right to offer the Contractor to stop Work under this Agreement and /or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole or active negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. 0 L PAGE 13 EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: CITY CLERK APPROV AS TO FORM: CIT A O NEY LGT Enterprises, Inc. By • �-��. �/!� Authorized Signature and Title 0 0 PR1of3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL 2000 -01 SIDEWALK, CURB & GUTTER REPLACEMENT CONTRACT NO. 3352 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P. O. Box 1768 Newport Beach, California 92663 -8915 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3352 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization @��.n Ir�0u5cuX) Dollars and ►,►o Cents Per Lump Sum 2. Lump Sum Traffic Control 5e%10-% Nu:-'(3reo @ F; I+L! Dollars and I p Cents Per Lump Sum 3. 145 Each Root Prune Parkway Tree One. @ Tuen`Ijj F,ve- Dollars and r�_i D Cents Per Each $ IQSL $ '75G coo IDS (SD L 0 PR2of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 900 L.F. Remove Existing and Construct 6 -inch P.C.C. Curb and Gutter @ Dollars and Q0 Cents $ 1(.0.OD $ A�4,4cozm Per Linear Foot 5. 900 L.F. Remove Existing and Construct 8 -inch Thick A.C. Patch Back @ Si Dollars and tJC) Cents $ (°.LC $ 51400 -cc Per Linear Foot 6. 14,500 S.F. Remove Existing and Construct 4 -inch Thick P.C.C. Sidewalk @ �b u y- Dollars and t.l p Cents $ 00 $ 51000 .M Per Square Foot 7. 1,100 S.F. Remove Existing and Construct 6 -inch Thick P.C.C. Driveway @ r, ve Dollars and KID Cents Per Square Foot 8. 75 S.F. Remove Existing and Construct 8 -inch Thick P.C.C. Cross Gutter @ I erl Dollars and r\j C> Cents $ 10.00 $ -750. M Per Square Foot 9. 23 Each Remove Existing and Construct 4 -inch Thick P.C.C. Curb Access Ramp Dollars and 1.11 Cents $ R)0.CC $ AVgO .L Per Each PR3of3 TOTAL PRICE IN WRITTEN WORDS C)r�e kALu,6rCJ Iwea�kl ZiSh-r �hou�cu� ,Vhrene Nurdrei lu 2rciu F v2 Dollars and r lc� Cents $ 1�� , 3a`�. M Total Price (Figures) Date L- I4) - 734 -80(oL4 Bidder's Telephone Number Bidder's License No(s). and Classification(s) LET tn+c rev[ o c . Bidder S j bidder's Authorized Signature and Title L- —1 Klan , A ga7aI -3gos Bidder's Address 0 0 r 1 1 1 1 1 2 2 2 2 2 2 2 2 2 F 3 3 3 3 3 3 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS 2000 -2001 SIDEWALK. CURB & GUTTER REPLACEMENT CONTRACT NO. 3352 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.1 Permanent Survey Markers 2 -9.2 Survey Service 2 -9.4 Line and Grade 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 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 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7 -5 PERMITS 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water r 1 1 1 1 1 2 2 2 2 2 2 2 2 2 F 3 3 3 3 3 3 4 4 0 0 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 4 7 -10 PUBLIC CONVENIENCE AND SAFETY 4 7 -10.1 Traffic and Access 4 7 -10.2 Storage of Equipment and Materials in Public Streets 4 7 -10.3 Street Closures, Detours, Barricades 4 7 -10.4 Public Safety 5 7- 10.4.1 Safety Orders 5 7 -10.5 "No Parking" Signs 5 7 -10.6 Street Sweeping Signs 5 7 -10.7 Notice to Residents 5 7 -15 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 5 SECTION 9 MEASUREMENT AND PAYMENT 6 9 -1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 6 9 -1.4 Units of Measurement 6 9 -3 PAYMENT 6 9 -3.1 General 6 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR AND RELATED MATERIALS 7 201.1 PORTLAND CEMENT CONCRETE 7 201 -1.1 Requirements 7 201 -1.1.1 General 7 SECTION 203 BITUMINOUS MATERIALS 7 203 -1 PAVING ASPHALT 7 203 -1.1 General 7 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 8 300 -1 CLEARING AND GRUBBING 8 300 -1.3 Removal and Disposal of Materials 8 300 -1.3.1 General 8 300 -1.3.2 Requirements 8 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 8 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 8 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 9 0 0 303 -5.1 Requirements 303 -5.1.1 General SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 308 -1 GENERAL 10 • SP 1 OF 10 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS 2000 -2001 SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3352 INTRODUCTION All work necessary for the completion of this contract shall be done in accord with (1) Plan No. R- 5757 -L; (2) these Special Provisions; (3) the Work Schedule; (4) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1994 edition), including Supplements; (5) Standard Specifications for Public Works Construction (1997 edition), including Supplements; and (6) the 1996 edition of the Work Area Traffic Control Handbook (WATCH). 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 removal and disposal; reconstruct P.C.C. sidewalk, curb and gutter, driveways, and curb access ramps; construct asphalt concrete patch back; root pruning; curb painting; restoration of existing improvements impacted by the work; and construct other incidental items of work." 2 -9 SURVEYING 2.9.1 Permanent Survey Markers. Modify this Section with, "All property corners, chiseled crosses, monuments shall be preserved." 2.9.2 Survey Service. Replace the first sentence of this Section with, "The Contractor shall be responsible for all survey work. Full compensation for providing construction survey shall be included in the price bid for the applicable items of work." 2.9.4 Line and Grade. Add to this Section, "All reconstruction work that is longer than 50 feet in length shall be surveyed." 0 0 SP 2 OF 10 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 as 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." SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection. 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 tests 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 retests are required due to deficient work, the costs of such tests shall be paid for by the Contractor. SECTION 6 - -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this Section, "No work shall begin until a schedule of work has been approved and a "Notice to Proceed" has been issued by the Engineer. The Contractor shall submit a SP3OF10 construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. The Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to reschedule the work to conform to the requirements of the Contract Documents. If the 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 stoppage 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/cost because additional personnel and equipment were required on the job. The Contractor shall schedule and conduct his work in such a manner as to minimize the inconvenience to the public. Included within the specified period is the curing time required for P.C.C. improvements and the restoration of existing improvements impacted by the work." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this Section, "The Contractor shall complete all Contract work within thirty -five consecutive working days from the date of the "Notice to Proceed ", but no later than 11/30/2000. It shall be the Contractor's responsibility to ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read, "any City holiday, defined as January 1st, the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday in November (Thanksgiving), and December 25th (Christmas). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours for construction are from 7:00 a.m. to 4:30 p.m. Monday through Thursday and from 7:00 a.m. to 3:30 p.m. on Fridays. Should the Contractor elect to work up to 6:30 p.m. on weekdays or between 8:00 a.m. and 6:00 p.m. on Saturdays, he must first obtain special permission from the Engineer. A request for working during any of these off -hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for inspection costs of $50.00 per hour when such time periods are approved. SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -5 PERMITS. Add to this Section, "At the time of Award and until the completion of work, the Contractor shall possess a General Engineering Contractor "A" License or a Concrete Contractor "C -8" License. From the start until the completion of work, the SP4OF10 Contractor and each sub - contractor shall possess a valid Business License issued by the City of Newport Beach." 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this Section, "If the Contractor elects to use City water for the work, he shall arrange for a meter and tender a $750 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter. The City does not have any electrical power hook -up points in close proximity to the work locations. The Contractor shall make arrangements for the utilities that he will need for completing the work." 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. Replace the first sentence of the second paragraph with, 'The Contractor shall repair, restore, or reconstruct all existing public and private improvements disturbed or damaged by the Work which are not designated for removal. Such restoration work may include, but 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 the third paragraph with, "Lawns shall be repaired with sod identical to the existing type." Add to this Section, 'The Contractor is advised to keep records of the existing work site condition prior to the start of any construction work." 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this Section, 'The Contractor shall provide traffic control and access in accordance with the Standard Specifications and the WATCH. All arrowboards shall be solar - powered." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials, tools, and /or equipment shall not be stored in streets, parkway, or sidewalk areas." 7 -10.3 Street Closures, Detours and Barricades. Add to this Section, 'The Contractor shall prepare a traffic control plan in accordance with the Standard Specifications and WATCH. The Contractor will be responsible for processing and obtaining approval of a traffic control plan from the Engineer. The Contractor shall adhere to the conditions of the traffic control plan. No work shall be constructed without a City approved traffic control plan." ►__I 7 -10.4 Public Safety Ll SP5OF10 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 the safety of all persons and property during the 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 the workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall furnish, install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least 48 hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Parking Control Division at (949) 644 -3717 at least forty -eight hours for verification of posting in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be similar in design and color to sign R -38 of the CalTrans Uniform Sign Chart. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.6 Street Sweeping Signs. After posting temporary "NO PARKING - TOW AWAY" signs, the Contractor shall cover street sweeping signs, on those streets scheduled for work, with a "PERMIT PARKING ONLY" sign, in a manner approved by the Engineer. Immediately after construction is complete and the street is opened to traffic, the Contractor shall promptly uncover the street sweeping signs and remove the temporary "NO PARKING — TOW AWAY" signs. 7 -10.7 Notices to Residents. Forty -eight hours before the start of any construction, the Contractor shall distribute to the adjacent residents a written notice stating when construction operations will start and when the construction will be completed. The written notices will be prepared by the Engineer. The Contractor shall insert the applicable dates and times when the notices are distributed. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- distribution using an explanatory letter furnished by the Engineer. 7 -15 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be at the job site at all times. In addition, the Contractor shall maintain a "As- Built" Work Schedule as the job progresses. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. 0 SP 6 OF 10 SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 9 -1.4 Units of Measurement. Replace this Section with, "Measurements shall be made in English units." 9 -3 PAYMENT. 9 -3.1 General. Delete the last sentence of the first paragraph and add, "The City may identify additional work within proximity of the locations listed in the Work Schedule. Such additional work quantities shall be paid at the unit prices bid." 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, equipment, surveying, and doing all the work to complete the work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include all preparation and scheduling of materials and equipment necessary to complete the contract work. Item No. 2 Traffic Control: Work under this item shall include providing the required traffic control including, but not limited to, preparation of traffic control plans, signs, delineators, traffic cones, barricades, arrowboards, steel plates, and all other work necessary to comply with the WATCH and the City of Newport Beach requirements. This item shall also include the delivery of all required notices, posting of signs, and all other costs incurred in notifying the residents. Item No. 3 Root Prune Parkway Tree: Work under this item shall include root pruning, removal and disposal, backfilling the tree wells with a native soil approved by the Engineer, and all other work as required to complete the work in place. All existing utilities or other improvements damaged by the work shall be immediately repaired at the expense of the Contractor and no additional compensation shall be made. Item No. 4 Remove Existing and Construct 6" P.C.C. Curb and Gutter: Work under this item shall include the removal and disposal of the existing curb and gutter, subgrade compaction, surveying, reconstruct curb openings for existing curb drains, repaint curb, repaint curb house numbers, re- chisel curb face for existing underground utilities, and the restoration of all existing improvements damaged by the work. Item No. 5 Remove Existing and Construct 8" Thick A.C. Patch Back: Work under this item shall include sawcutting, removal and disposal of the existing pavement, subgrade compaction, tack coat, and all other work required to complete in place the minimum one foot wide full -depth asphalt concrete patch back required adjacent to new curb, gutter, and driveways. • • SP 7 OF 10 Item No. 6 Remove Existing and Construct 4" Thick P.C.C. Sidewalk: Work under this item shall include the removal and disposal of the existing sidewalk, adjust City utility facilities such as street lighting, water, sewer boxes and covers to grade, reconnect street light wirings, the temporary relocation and re- installation of sign posts, etc., and all other work items as required to complete the work in place. Item No. 7 Remove Existing and Construct 6" Thick P.C.C. Driveway: Work under this item shall include the removal and disposal of the existing driveway and depressed gutter, subgrade compaction, adjust City utility facilities such as street lighting, sewer, water, etc. boxes and covers to grade, reconnect street light wirings, the reconstruction of the depressed gutter adjacent to the driveway, etc., and all other work items as required to complete the work in place. Item No. 8 Remove Existing and Construct 8" Thick P.C.C. Cross Gutter: Work under this item shall include the removal and disposal of the existing cross gutter, subgrade compaction, aggregate base, aggregate base compaction, adjust City utility facilities such as street lighting, sewer, water, etc. boxes and covers to grade, and all other work items as required to complete the work in place. Item No. 9 Remove Existing and Construct 4" Thick P.C.C. Curb Access Ramp: Work under this item shall include the removal and disposal of the existing driveway and curb and gutter, subgrade compaction, adjust City utility facilities such as street lighting, sewer, water, etc. boxes and covers to grade, reconnect street light wirings, the temporary relocation and re- installation of sign posts, the construction of depressed gutter and retaining curb adjacent to the ramp, and all other work items as required to complete the work in place. PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1 Requirements 201 -1.1.1 General Add to this Section, "All portland cement concrete used on the work shall be 560 -C- 3250." SECTION 203 - -- BITUMINOUS MATERIALS 203 -1 PAVING ASPHALT 203 -1.1 General Add to this Section, "All asphalt concrete used on the work shall be III- C3 -AR- 4000." i PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 4110 SP8OF10 300 -1.3.1 General Replace this Section with, 'Removed pavement and other unsalvageable material shall become the property of the Contractor and be disposed of at the Contractor's expense in a manner and at a location acceptable to the cognizant agencies. All removal and disposal costs shall be included in the unit price bid for that item of work. The Contractor shall either 1) apply for and obtain a no -fee solid waste self -haul permit from the City's Business License office, or 2) subcontract with a private solid waste hauler already permitted to operate within the City. Unless otherwise specified elsewhere in this contract, non - reinforced concrete and asphalt wastes generated from the job sites shall be disposed of at a facility which crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall not dispose of any interfering private improvements within the work limits. All existing private improvements removed or damaged by the Contractor to facilitate the work shall be rebuilt to their condition prior to the work. In case of errant disposal of existing private improvements, the Contractor shall furnish all replacement materials and labor at his own costs to restore the affected improvements." 300 -1.3.2 Requirements (a) Bituminous Pavement. Replace the second sentence of this Section with, "Sawcutting of edges to be joined with existing A.C. pavement is required." (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." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements • SP 10 OF 10 3. Selective Root Pruning a. This process involves selectively removing offending roots when 1) a tree trunk of root flare is less than 2 feet from the sidewalk or 2) the size, species or condition of the tree warrants a root cut to be hazardous to the tree or 3) when there is only one minor offending root to be removed or 4) the damage is minimal (i.e., only one sidewalk panel is uplifted, etc.). b. Selective root pruning shall be performed with an axe or stump grinding machine instead of a root - pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre- approved by the City's Urban Forester. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. FAUsers \PBW\Shared \Contracts \FY 00- 01\2000 -2001 Citywide Sidewalk, Curb and Gutter Replacement (C- 3352) \SPECIFICATIONS C- 3352.doc ac� CERTIFICAJF OF LIABILITY INSU NCI�,,TEN - D DATE(MMIDD/YY) M 09/27/00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Crqsby Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE C; Hopper Ins. Service, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 8181 E. KAISER BLVD. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ANAHEIM HILLS CA 92808 Phone:714- 221 -5200 Fax:714- 221 -5210 INSURERS AFFORDING COVERAGE INSURED 'INSURER A: Commercial _Underwriters Ins INSURER B: LGT Enterprises, Inc. INSURER C: PO BOX 39D5 INSURER D: Tustin CA 92781 - - - --- INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE LTR POLICY NUMBER DATE MMF EFFECTIVE DATEVMMIDD/Yy EXPIRATION LIMITS GGE,INERAL LIABILITY • nlCOMMERCIAL GENERAL LIABILITY CLAIMS MADE 7I OCCUR III— 11r' GL008392 I 05/10/00 05 /10 /01 EACH OCCURRENCE S1,000,000 550,000 FIRE DAMAGE (Any one fire) _ MED EXP (Any one person) S PERSONAL & ADV INJURY — $1,000,000 GENERAL AGGREGATE 52,000_,000 I GEN'L AGGREGATE LIMIT APPLIES PER ) I PRO- POLICY LOC PRODUCTS - COMP /OP AGG $1,000,000 • AUTOMOBILE LIABILITY ANY AUTO CCP6420290 ALL OWNED AUTOS SCHEDULED AUTOS 'NSURANCE HIRED AUTOS NON- OWNEDAUTOS I ATE 05/03/00 PPRO K MANAGE :, 11/10/00 - COMBINED SINGLE LIMIT (Ea accident) $ X 1 X BODILYINJURY (Par parson) $ 5 X X X B URV er accide t) PROPP6Y DAMAGE (Per cident) $ I GARAGE LIABILITY MANY AUTO AUTO ONLY- EA ACCIDENT I $ $ OTHER THAN .EA ACC AUTO ONLY: AGG — S EXCESS LIABILITY lOCCUR n CLAIMS MADE DEDUCTIBLE RETENTION $ I EACH OCCURRENCE $ AGGREGATE $ S $ S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TORY LIMITS(-_ ER E.L. EACH ACCIDENT $ S E.L. DISEASE - EA EMPLOYE E.L. DISEASE- POLICY LIMIT $ OTHER I t DESCRIPTION OF OPERATIONS ILOCAnONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS *Ten Day Notice of Cancellation will be given for Non - Payment of Premium* Certificate holder, its officers, officials, employees and volunteers are named additional insured per attached form. RE: 2000 -2001 Citywide Sidewalk, Curb 6 Gutter Replacement. Contract No. 3352 S.CK I IFH.A I C KULUCK T I ADDITIONAL NBUKGUI INSUKGK LGI I tK: VNINt,cLLn uvIY NEWPORT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL CITY OF NEWPORT BEACH 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Public Works Dept. -- Attn: Fong Tse LEFT, 3300 Newport Blvd. Newport Beach CA 92658 POLICY NUMBER: GL008392 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -(FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: The City of Nehiport Beach; its offrcers,offrcials, employees and volunteers RE: 2000 -2001 Citywide Sidewalk, Curb & Gutter Replacement. Contract No. 3352 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an Insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for the insured by or for you. Primary & Non - Contributory "Such insurance as is afforded by this policy is primary insurance and no other insurance of the additional insured(s) will be called upon to contribute to a loss." Cancellation Clause With respect to the additional insureds, this Insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the Certificate Holder. CG20 10 11 85 Copyright, Insurance Services Office, InC. 4984 .. _ Page 1 OF 1 RISK MANAGER 0 CERTIFICATE OF INSURANCE 41' SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELOW, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. This certifies that: X STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois, or _ STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois has Coverage in force for the following Named Insured as shown below: Named Insured LGT ENTERPRISES, INC. Address of Named Insured TUSTIN, CA 92781 Name and Address of Certificate Holder CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92663 SUBJECT: 2000 -2001 CITYWIDE SIDEWALK, CURB AND GUTTER REPLACEMENT, LCONTRACT #3352 Check if a permanent Certificate of Insurance for liability coverage is needed: AGENT 8558 rdle L- Check if the Certificate Holder should be added as an Additional Insured: - 09/20/00 Agenrs coca IHumoer uare Name and Address of Agent TONYA SCHNEIDER, AGENT STATE FARM INSURANCE 10101 SLATER AVE., SUITE 105 FOUNTAIN VALLEY, CA 92708 (714) 963.9863 7 Li 1581430.2 Rev. 9 -96 Printed in U.S.A. P45 1651- F,10 -75R P47 7971- E10 -75H 000 6511- F.10 -75B 004 9032-El 0-75B POLICY NUMBER EFFECTIVE DATE 09/10/00-05/10/01 09/10/00-05/10/01 09/10/00- 05/10/01 09/10/00-05/10/01 OF POLICY 1997 FORD FLATBED 1999 FORD F250 SD 1999 FORD F250 SD 1997 FORD F350 DESCRIPTION OF TRUCK PICKUP PICKUP FLATBED VEHICLE LIABILITY COVERAGE X YES NO 2L YES NO X YCS NO X YES NO LIMITS OF LIABILITY a. Sedily Injury Each Person Eon CGdent b. Property Damage Eadr Aaeent 0, Bodily Injury 8 Properly Damage Single l:md EeMM Acddent /IMM/ /I MM/ /1MM/ /1MM/ X X YES NO PHYSICAL DAMAGE YES NO _ YES NO YES NO COVERAGES Cem ml a eve 1000 Deductible 1000 DedudJu. 1000 e 1000 Deductibe X YLS NO X YES NO X YLS NO YES NO b. Callleion $ 1000 Deductible $ 1000 Dedu tide $ 1000 Deductible —Xrft $ moo Ded.cide EMPLOYER'S NON -OWNCftSHIP YES X NO YLS X NO YES X NO YES NO COVERAGE HIRED 5AR COVERAGL YLS X NO YES X NO YES X NO YES X NO Name and Address of Certificate Holder CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92663 SUBJECT: 2000 -2001 CITYWIDE SIDEWALK, CURB AND GUTTER REPLACEMENT, LCONTRACT #3352 Check if a permanent Certificate of Insurance for liability coverage is needed: AGENT 8558 rdle L- Check if the Certificate Holder should be added as an Additional Insured: - 09/20/00 Agenrs coca IHumoer uare Name and Address of Agent TONYA SCHNEIDER, AGENT STATE FARM INSURANCE 10101 SLATER AVE., SUITE 105 FOUNTAIN VALLEY, CA 92708 (714) 963.9863 7 Li 1581430.2 Rev. 9 -96 Printed in U.S.A. t - CERTIFIC OF LIABILITY INSUWNCE I DATE IMMIDONY) A,cgRp 09/28/2000 Pf7fJUCER (805)585-6100 FAX (805) 585 -6200 Tolman & Wi ker Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR TWD Insurance Services ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 196 S. Fir Street Ventura, CA 93002 -1388 INSURERS AFFORDING COVERAGE INSURED L.G.T. Enterprises, Inc. INSURER United Pacific Insurance Co. P. 0. Box 3905 INSURER B. Tustin, CA 92681 -3905 INSURER C' FIRE DAMAGE (Any one fire) INSURER 0 MEO EXP(Any one person) INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSK LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM /DDIYY) DATE(MMIDD/YY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE 1-1 OCCUR EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) S MEO EXP(Any one person) $ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER POLICY PRO JECT LOC PRODUCTS - COMP /OP AGG $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS ' ��i ppp pA It�ORANC /G p '-E {, _ APPROV RISK MANAGER - COMBINED SINGLE LIMIT (Ea accident) $ ODILY INJ (Per perso $ Y iPer accident) $ PROPERTY D AGE (Per acutle $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS LIABILITY OCCUR O CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE 8 AGGREGATE $ S $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WA1178709 -01 0110112000 0110112001 X ToRYLIMiuT I ER EL EACH ACCIDENT $ 1,000, DD El DISEASE - EA EMPLOYEE $ 1,000,000 E L DISEASE - POLICY LIMIT $ 1,000,000 OTHER 10 day Notice of Cancellation will be given for non - payment of premium. DESCRIPTION OF OPERATIONVLOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENOORSEMENTISPECIAL PROVISIONS Project: 2000 -2001 Citywide Sidewalk, Curb and Gutter Replacement. Contract No. 3352 Waiver of Subrogation is added in favor rof, the CertIf* a Holder. 1 11111.., c I I AUUHTIUNAL INSURED; INSUKEF LET IER City of Newport Beach Public Works Department P.O. Box 1768 Newport Beach, CA 92658 -8915 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL _30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TOMAAIIL CH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND I - THE OMPANY. ITSAGENTS OR REPRESENTATIVES. r 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. AL;UKU Z5-5 (7197) C TO: Mayor and Members of the City Council FROM: Public Works Department C- 335 September 12, 2000 CITY COUNCIL AGENDA,____„ I�EAiI No,, eta X12 i SUBJECT: 2000 -2001 SIDEWALK, CURB AND GUTTER REPLACEMENT =AWARD OF CONTRACT NO. 3352 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3352 to LGT Enterprises, Inc., for the Total Bid Price of $128,325, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $12,000 to cover the cost of material testing and unforeseen work. DISCUSSION: At 11 A.M on August 31, 2000, the City Clerk opened and read the following bids for this project: BIDDER Low LGT Enterprises, Inc. 2 Ranco Corporation 3 JDC, Inc. 4 Nobest Incorporated 5 Damon Construction Company 6 H. B. Covey, Inc. TOTAL BID AMOUNT $128,325 $132,165 $137,225 $149,500 $151,700 $189,750 The low total bid amount is 10 percent below the Engineer's Estimate of $142,000. The low bidder, LGT Enterprises, possesses a General Engineering "A" contractor's license as required by the project specifications. LGT has satisfactorily completed similar concrete projects for the City. This contract provides for the replacement of approximately 14,500 square feet of sidewalk, 900 linear feet of curb and gutter, 1,100 square feet of driveway approach, and root pruning of 145 trees within Westcliff, Cameo Shores, and Cameo Highlands. In addition, 23 curb access ramps will be installed within Cameo Highlands. u Subject: 2000 -2001 Sidewalk, Curb & Gutter Replacement — Award of Contract No. 3352 September 12, 2000 Page: 2 These replacements are necessary to eliminate existing uplifted /displaced public improvements, and to eliminate localized water ponding by restoring acceptable drainage to gutters that have either depressed or uplifted. Depressed sidewalk, curb, and gutter are usually caused by settled subgrade soil. Uplifted sidewalk, driveway approaches, curb and gutters are typically the result of uncontrolled growth of tree roots. Funds for project are currently appropriated in the General Fund as follows: Description Account No. Amount Sidewalk, Curb & Gutter Replacement Program 7013- C3130016 $130,000.00 Curb Access Ramp Construction 7013- C5100549 $ 10,325.00 TOTAL $140,325.00 The project plans, specifications, and schedules were prepared by the Public Works and the General Services staff. The contract specifications require the Contractor to complete all contract work within 35 consecutive working days. Respectfully submitted, (aa PUBLIC WORKS DEPARTMENT Don Webb, Director By: Fong Tseob.E. Associate Civil Engineer Attachment: Project Location Map Bid Summary GENERAL SERVICES DEPARTMENT David Niederhaus, Director BAKER ST. 2 LJ ADAMS AVE. JQQ� RAGE o CITY OF COAST Lo COSTA F�IRRGROUGIS ��3 �S CITY P OF MESA Q�Jq Q�PO IRVINE Z DR L, VICTORIA a o Si. P, i! r LO IO PJ DPPER i NEWPORT qI, CI BAY U 197H U ST. Q, 4 $ U.D.I. 9 OF o Pp �P sr N� WPO BISOR SJQE? lti P� \ ACH A� e SAN �9sr oo . 'oy Qa � \ 0211E Sptk STORAGE a \ YARD $9h, 5 DRESER > ,�` /InIJ ia? ]ar+m � BAY � C VICINITY MAP PROJECT y% NOT TO SCALE LOCATIONS 2000 -2001 CITYWIDE SIDEWALK AND CURB AND GUTTER REPLACEMENT C -3352 U w Q M < w � w U Z w w d N U 0 O 0 0 0 0 0 S O 0 r 0 0 0 0 U O 0 00.0 O Z O O U O m N O O O p d Z O O N H 0 0 O r- C 0 N a Z COOMWN,tmi W 0 O N 0? N N N 01 M U O 2 Z OJ D W ww Q EDP: O m W m u Q EA tR m W Op a fRM C Q �N Y W C) O O O Z O N O 0 LL U 0 O 0 0 0 0 0 V 0 W 0 0 Ua m�fPr N kq N N O C, Z w Q M < w � w U Z w w d • 0 0 0 0 0 0 0 0 0 0 r 0 0 0 0 0 0 0 00.0 O Z O O O O 0 N O O O p V Z O O N 0 0 0 O r- n N N a N COOMWN,tmi D 0 0 N 0? N N N 01 M N O ij D W a O N - u W EA tR �U1 fA� fRM C Q U O O O O O N O 0 0 U 0 0 0 0 0 0 0 0 0 =z 0 0 N m�fPr N kq N N O C, Z O O O O a fR N b? (f1 W to ti O r+ ae � Na to M to tR to 0 0 0 0 0 0 0 0 0 0 o z O O O O O O O O O p U Z O o 0 0 0 N N 0 0 N o O O N O N n W 0 n 0 a N l0 l� n O n �O m m01a ui. -iN�O� Lr5 w vi ��e�s N�w�w o Q eNV �n `) U U O O O O O N N O O � ff 0 0 O O O N lD O O = C~ z 0 0 N m io d' 4 0 0 ONLQ�o,HiV3"'�M.N o x m m M fA 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r o 0 0 0 CO. 0 0 0 0 U Z O O N O O 0 0 0 O LO C D O O N /� N O V O d o O O N N 1 0 O m m O � �i co.� of ai o� co Ng ` QN a'> b4 Vi wn tR rn�00 69 N `U Q pq d sr c 8 0 0 0 0 0 0 0 0 W r 0 60. 0 0 0 l' 0 N 0 d' 0 N 0 O 0 O Z o N N w w w o 0 J� � 0 0 b9 O a 0 IR co ZZ to 0 fA fR b t to fA O F w mm w V ~8000000>00c, tR O O O O O O p o o n o 0 o o m O E O ti NW n OW p 2 bi N to N N Q V3 fA to EA w 64 0 0 0 0 0 0 0 0 0 0 C 0 0 0 0 0 0 0 0 0 H lOW ID . C W Z N O O W to N fR fA ti M O I� W W � Eq 69 • NINIQIwIwILLIWIWIQ J J W J J (n (n (n W N OIO O O N M m a U 1 m m m m °o 3 d E E CD C7 ¢ m N X n aU U U v " Q a a a u U s s s s Q U u U 0 u U U S S L-E U a r a io W a iO co lD U U U U U V N 0 C C C C G N )) 0 0 0 0 U F U U U U U m C C C C C C m m m m m m m' O C w w w w w w U- O w N O 0 N u a ' ' ' ' o O o 'o O o O° m m V w m w 1111111111 0 0 0 0 0 0 0 O 00 r o 0 0 0 0 0 0 o O o Z O O O O O N O N O p V O N O O O O O N 0) h m O r- n N N a COOMWN,tmi io v U O O O O O N O 0 0 M =z O OO W m�fPr kq lA fPrNF � Na to v+ 0 0 0 0 0 0 0 0 0 0 o z 0 0 0 o 0 0 O o 0 U Z O o 0 0 0 N N 0 0 o p O 0 O 0 N N O I� O M N n N N n O m ID - Lr5 w vi ��e�s N�w�w Q eNV �n U 0 0 0 O O N N O 0 ff o o 0 m r-� d r O o = o z o°w w w o o o tPr 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O p -o Z o 0 0 0 0 0 0 0 o p mwoo�n c000�1ooN m O � �i � of ai o� O Him b4 kA� FRS bN9� `U Q sr C 0 0 0 0 0 0 0 0 0 000.900000 m o 0 0 N O a 0 W O ZZ to 0 0 - b t to fA O F mm w V tR NINIQIwIwILLIWIWIQ J J W J J (n (n (n W N OIO O O N M m a U 1 m m m m °o 3 d E E CD C7 ¢ m N X n aU U U v " Q a a a u U s s s s Q U u U 0 u U U S S L-E U a r a io W a iO co lD U U U U U V N 0 C C C C G N )) 0 0 0 0 U F U U U U U m C C C C C C m m m m m m m' O C w w w w w w U- O w N O 0 N u a ' ' ' ' o O o 'o O o O° m m V w m w 1111111111 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 October 16, 2000 H. B. Covey, Inc. 350 E. Commercial Street Pomona, CA 91767 Gentlemen: Thank you for your courtesy in submitting a bid for the 2000 -2001 Citywide Sidewalk, Curb and Gutter Replacement (Contract No. 3352) 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, r LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 October 16, 2000 Damon Construction Co. 455 Carson Plaza Drive, Unit F Carson, CA 90746 Gentlemen: Thank you for your courtesy in submitting a bid for the 2000 -2001 Citywide Sidewalk, Curb and Gutter Replacement (Contract No. 3352) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT B*EACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 October 16, 2000 Nobest, Incorporated P. O. Box 874 Westminster, CA 92684 Gentlemen: Thank you for your courtesy in submitting a bid for the 2000 -2001 Citywide Sidewalk, Curb and Gutter Replacement (Contract No. 3352) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 October 16, 2000 JDC, Inc. P. O. Box 3448 Rancho Cucamonga, CA 91729 Gentlemen: Thank you for your courtesy in submitting a bid for the 2000 -2001 Citywide Sidewalk, Curb and Gutter Replacement (Contract No. 3352) 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 Ranco Corp. P. O. Box 9007 Brea, CA 92821 Gentlemen: CIT OF NEWPORT AACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 October 16, 2000 Thank you for your courtesy in submitting a bid for the 2000 -2001 Citywide Sidewalk, Curb and Gutter Replacement (Contract No. 3352) 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, r i LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CAY OF NEWPORAEACH February 27, 2002 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 LGT Enterprises, Inc. P.O. Box 3905 Tustin, CA 92781 -3905 Subject: 2000 -2001 Citywide Sidewalk, Curb and Gutter Replacement Project (C -3352) To Whom It May Concern: On February 27, 2001, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on April 6, 2001. The Surety for the contract is Continental Casualty Company, and the bond number is 929169451. Enclosed is the Faithful Performance Bond. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk LH:lib cc: Public Works Department Lois Thompson, Administrative Coordinator enclosure 3300 Newport Boulevard, Newport Beach