HomeMy WebLinkAboutC-3372 - Via Lido Resurfacing ProjectAugust 14, 2002
CITY OF NEWI'ORTIEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
Ruiz Engineering Company
1344 Temple Avenue
Long Beach, CA 90804
Subject: Via Lido Resurfacing (C -3372)
To Whom It May Concern:
On August 14, 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 September 20, 2001. The Surety for
the contract is Continental Casualty Company, and the bond number is
929189265. Enclosed is the Faithful Performance Bond.
Sincerely,
C�kt4',J- ri , hla -kc
LaVonne M. Harkless, CMC /AAE
City Clerk
LH:cf
cc: Public Works Department
R. Gunther, P.E., Construction Engineer
enclosure
3300 Newport Boulevard, Newport Beach
0405.2001 09:46 FROM R# ENGINEERING CO TO :9474415 P.06
PAGE 16
PREMIUM: $3,048.00
CITY OF NEWPORT BEACH EXECUTED IN 4 COUNTERPARTS
PUBLIC WORKS DEPARTMENT
VIA LIDO RESURFACING PROJECT
CONTRACT NO. 3372
BOND NO. 929189265
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ $3.048.00
being at the rate of $ $14.70 & $9.80 thousand of the Contract price.
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, awarded to Ruiz Engineering Company, hereinafter designated as the "Principal ", a
contract for construction of VIA LIDO RESURFACING PROJECT, Contract No. 3372 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. 3372 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 two hundred sixty -one thousand, seventeen and 801100 Dollars
($261,017.80) 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.
11
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PAGE 17
As a part of the obligation secured hereby, and in addition to the face amount specified in
this Performance Bond, there shall be included costs and reasonable expenses and fees,
including reasonable attorneys fees, incurred by the City, only in the event the City is required to
bring an action in law or equity against Surety to enforce the obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the work to be performed thereunder or
to the specifications accompanying the same shall in any way affect its obligations on this Bond,
and it does hereby waive notice of any such change, extension of time, alterations or additions of
the Contract or to the work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal in full
force and effect for one (1) year following the date of formal acceptance of the Project by the City.
In the event that the Principal executed this bond as an individual, it is agreed that the
death of any such Principal shall not exonerate the Surety from its obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named, on the 6TH day of APRIL 2001.
l v V A'Do '6' POZ ,
Rua n ng ring Company tndpal) Authorized Signaturerritle
CONTINENTAL CASUALTY
Name of Surety AutKorized Agent'Si ture
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
•
11
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
ORANGE } ss.
County of J
On APRIL 6, 2001 ,before me, M. TREDINNICR, NOTARY PUBLIC
Om Name aM Title of of. (e.g., .1a Doe, Noun P�bIiC)
personally appeared MICHAEL A. QUIGLEY
Name(a) of siryer(e)
' My Comm. Exoires .Mar 25, 20X3 -
Place Newry Seal fi O
K personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(iW) whose name(R) is /=
subscribed to the within instrument and
acknowledged to me that heCexecuted
the same in his/b authorized
capacity0M), and that by his/bODOMIXX
signature(s) on the instrument the person(8Q, or
the entity upon behalf of which the person04
acted, executed the instrument.
WITNESS my ha d and official sal.
i
Kj ro of Notary P NW
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: Number of Pages
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual e
Top of thumb here
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fad
❑ Trustee
❑ Guardian or Conservator
❑ Other.
Signer Is Representing:
0 1207 Nndgvl Noary Aaaoarmon • 93M Oe sob Aye., P.C. Box 2402 - C7»NVth, CA 91313-2402 ?Md. No. S90T Reader. Cab To8-f" 1- 8068TB68Tr
POWER OF ATTOIO Y APPOINTING INDIVIDUAL A`0 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 after 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
r1t_V c>tstycr`o trlsun,y�
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paMa4rE � y
SEAL G
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1897
State of Illinois, County of Cook, ss
CONTINENTAL CASUALTY COMPANY
uao°0'i"a'q' NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
^` AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
pli �i'L
S JULY 31.
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Marvin J. Cashion Group Vice President
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. %
i 'OFFICIAL SEAL'
DIANE FAULKNER
•� Q� (� '
� Notary Ptl9o, >qta of glinoi•
• my co nrwdat thca, a 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 _6TH day of APRIL 2001
CONTINENTAL CASUALTY COMPANY
cASW 2r tip �' iud°�p NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
r�, oa••oMrE AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
a ,��RO�rie
Z • 3 NlY 11,
OV SEAL
1e97 � ^w„`- •
Mary A. Ribikawskis Assistant Secretary
(Rev.1 0/1197)
CALIFORNIA ALL•PURPOSWCKNOWLEDGMENT 0
State of C,9 /- ? N
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County of —r75 l7/�6ELES ) /
On 0 - 1' —Cl before me, L!GrF}N QUIZ , A0 T73AY P001-W
Date Name a�W T1fe of O ice, (e g. 'Jars Doe. Notary P.N. 7
personally appeared AL,00 6. kjt Z
)d personally known to me — OR — 11 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is /are subscribed to the within instrument
and acknowledged to me that he,'she /they executed the
same in his /her /their authorized cepacity(ies), and that by
his /her /their signature(s) on the instrument the person(s),
LILIAN A. RUIZ t or the entity upon behalf of which the person(s) acted,
COMM. #1254488 rr1 executed the instrument.
p blic California CA
W?wd Notary u
? LOS ANGELES COUNTY
My Cantu. Exp. Feb. 25, 2004 j WITNESS my hand and official Baal.
L r
atura o otary Pubkc
OPTIONAL
Though the information below is not required bylaw, 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: Number of Fages:
Signer(s) Other Than Named Above: _
Capacity(ies) Claimed by Signer(s)
Signer's Name:
■
Individual
Corporate Officer
Title(s):
Partner —❑ Limited ❑ General
Attomey -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
,I,
Signer's Name:
❑
❑
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
0 INS NOM&W Nakey AssodoWn • OM Rommel Ave., P.O. SU 7164 - Owwq& Park, CA 9130F7164 P,od. No. $907 Mprder Call To1LFrw 1AOOd754M
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CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
September 20, 2001
Ruiz Engineering Company
1344 Temple Avenue
Long Beach, CA 90804
Subject: Via Lido Resurfacing (C -3372)
To Whom It May Concern:
On August 14, 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
August 16, 2001, Reference No. 20010569963. The Surety for the contract is
Continental Casualty Company, and the bond number is 929189265. Enclosed is
the Labor & Materials Payment Bond.
Sincerely,
1U� m,44"
LaVonne M. Harkless, CMC /AAE
City Clerk
LH:lb
cc: Public Works Department
Stephen J. Luy, Project Manager
encl.
3300 Newport Boulevard, Newport Beach
a
Recorded in offi6aRecords. County of Orange
RECORDING REQUESTED [i`�ANb ! . D Gary Granvillel'Clerk-Recorder
WHEN RECORDED RETURN TO: IIIII` ..IIiII!I200.1 IP6 II3 I!.2.55!I m 0 /161
(11 20010569963 02:55pm 08116101
City Clerk -01 AUG 27 AB •2A5 32 N12 1
City Cl Newport Beach 0.00 0.00 o.00 o.00 0.00 0 -00 0.00 0.00
3300 Newport Boulevard
Newport Beach, CA 92668E FICE O T
CITY OF ?�_Y/PO RT
iI
mursuant 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 Ruiz Engineering, of Long Beach,
California, as Contractor, entered into a Contract on April 10 2001, Said Contract set
forth certain improvements, as follows:
Via Lido Resurfacing Protect,
C -3372
Work on said Contract was completed on June 22, 2001, and was found to be acceptable
on August 14, 2001, by the City Council. Title to said property is vested in the Owner,
and the Surety for said Contract is Continental Casualty Company.
BY
Public Works Director
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
Executed o /n' A l aC //C��� at Newport Beach, California.
BY ' G(%y�
City Clerk �11R
0
TO: Mayor and Members of the City Council
FROM: Public Works Department
�3�)
August 14, 2001
CITY COUNCIL AGENDA
ITEM NO. 11
APPROVED
SUBJECT: VIA LIDO RESURFACING PROJECT, CONTRACT NO 3372—
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 one year after Council acceptance.
DISCUSSION:
On April 10, 2001, the City Council authorized the award of the Via Lido Resurfacing
Project to Ruiz Engineering, of Long Beach, California. The contract provided the
rehabilitation of existing asphalt concrete, grinding deteriorated asphalt adjacent to
the curb, and constructing an asphalt concrete overlay. The project also included
reconstructing P.C.C. curb and gutter and cross gutters that had settled and the
replacement of two undersized catch basins. 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: $261,017.80
Actual amount of bid items constructed: 250,470.04
Total amount of change orders: 0
Final contract cost: $250,470.04
No change orders were written for the project.
SUBJECT: Via Lido ResurfacinAect, Contract No. 3372 - Completion And Acceptauo
August 14, 2001
Page 2
Funds for the project were budgeted in the following account:
Description Account No. Amount
PMP Major Maintenance 7281- C5100586 $250,470.04
The original completion date was June 6, 2001. Due to minor changes to the initial
submitted schedule the completion date was extended. All work was completed on
June 22, 2001, the revised completion date.
Respectfully submi A,
PUBLIC WORKS DEPARTMENT
Stephen G. Badum, Director
By:
R. Gunther, P. E.
Construction Engineer
• 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 29th day of March 2001,
at which time such bids shall be opened and read for
VIA LIDO RESURFACING PROJECT
Title of Project
Contract No. 3372
$397,000.00
Engineer's Estimate
Approved
.. ,„
Public Works Director
Prospective bidders may obtain one set of bid documents at no cost
at the office of the Public Works Department, 3300 Newport
Boulevard, P. O. Box 1768, Newport Beach, CA 92658 -8915.
Required Contractor License Classification(s) required for this
project: A
For further information, call Stephen J. Luy, Project Manager at (949) 644- 3311.
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
VIA LIDO RESURFACING PROJECT
CONTRACT NO. 3372
TABLE OF CONTENTS
NOTICE INVITING BIDS .......................................................... ............................... Cover
INSTRUCTIONS TO BIDDERS ........................................................ ..............................1
BIDDER'S BOND ............................................................................... ..............................3
DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................4
TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................5
NON - COLLUSION AFFIDAVIT .......................................................... ..............................6
NOTICE TO SUCCESSFUL BIDDER ............................................... ..............................7
CONTRACT...................................................................................... ..............................8
LABOR AND MATERIALS BOND .................................................... .............................14
FAITHFUL PERFORMANCE BOND ................................................ .............................16
PROPOSAL................................................................................ ............................... PR -1
SPECIAL PROVISIONS ................................................................. ...........................SP -1
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
VIA LIDO RESURFACING PROJECT
CONTRACT NO. 3372
INSTRUCTIONS TO BIDDERS
0
PAGE 1
The following documents shall be completed, executed and received by the City Clerk in
accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
BIDDER'S BOND
DESIGNATION OF SUBCONTRACTORS
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON - COLLUSION AFFIDAVIT
PROPOSAL
2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price)
may be received in lieu of the BIDDER'S BOND. The title of the project and the words
"Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents.
3. The City of Newport Beach will not permit a substitute format for the Contract Documents
listed above. Bidders are advised to review their content with bonding and legal agents prior
to submission of bid.
4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently
authorized by the Insurance Commissioner to transact business of insurance in the State of
California, and (2) listed as an acceptable surety in the latest revision of the Federal Register
Circular 570.
5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to
allow the comparison of total bid prices.
6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied
by unit price submitted by the bidder. In the event of discrepancy between wording and
figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of
estimated quantity by unit price, the correct multiplication will be computed and the bids will be
compared with correctly multiplied totals. The City shall not be held responsible for bidder
errors and omissions in the PROPOSAL.
7. The City of Newport Beach reserves the right to reject any or all bids and to waive
any minor irregularity or informality in such bids. Pursuant to Public Contract Code
Section 22300, at the request and expense of the Contractor, securities shall be
permitted in substitution of money withheld by the City to ensure performance under
the contract. The securities shall be deposited in a state or federal chartered bank
in California, as the escrow agent.
PAGE 2
B. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial
Relations has ascertained the general prevailing rate of per diem wages in the locality in which
the work is to be performed for each craft, classification, or type of workman or mechanic
needed to execute the contract. A copy of said determination is available in the office of the
City Clerk. All parties to the contract shall be governed by all provisions of the California
Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive).
9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5
of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public
Contracts Code, "Subletting and Subcontracting Fair Practices Act".
10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the
bidder. For corporations, the signatures shall be of a corporate officer or an individual
authorized by the corporation. For partnerships, the signatures shall be of a general partner.
For sole ownership, the signature shall be of the owner.
The signature below represents that the above has been reviewed.
Contractor's License No. & Classification
15rrr
H,2, c .a 21�l nT //A
Date
PAGE 3 l
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
VIA LIDO RESURFACING PROJECT
CONTRACT NO. 3372
BIDDER'S BOND
We, the undersigned Principal and Surety, our successors and assigns, executors, heirs
and administrators, agree to be jointly and severally held and firmly bound to the City of
Newport Beach, a charter city, in the principal sum of
Dollars ($ ), to be paid and forfeited to the City
of Newport Beach if the bid proposal of the undersigned Principal for the construction of VIA
LIDO RESURFACING PROJECT, Contract No. 3372 in the City of Newport Beach, is accepted
by the City Council of the City of Newport Beach and the proposed contract is awarded to the
Principal, and the Principal fails to duly enter into and execute the Contract Documents for the
construction of the project in the form required within ten days (10) (not including Saturday,
Sunday, and federal holidays) after the date of the mailing of Notice of Award; otherwise this
obligation shall become null and void.
If the undersigned Principal executing this Bond is executing this Bond as an individual,
it is agreed that the death of any such Principal shall not exonerate the Surety from its
obligations under this Bond.
Witness our hands this day of , 2001.
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
(Notary acknowledgment of Principal & Surety must be attached)
.03�23�200i 10:30 FROM 0 EN6INEERIN6 CO TO 19493 *15 P.02
PAGE 3
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
VIA LIDO RESURFACING PROJECT
CONTRACT NO. 3372
BIDDER'S BOND
We, the undersigned Principal and Surety, our successors and assigns, executors, heirs
and administrators, agree to be jointly and severally held and firmly bound to the City of
Newport Beach, a charter city, in the principal sum Of TEN PERCENT OF THE 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 VIA
LIDO RESURFACING PROJECT, Contract No. 3372 in the City of Newport Beach, is accepted
by the City Council of the City of Newport Beach and the proposed contract is awarded to the
Principal, and the Principal fails to duly enter into and execute the Contract Documents for the
construction of the project in the form required within ten days (10) (not including Saturday,
Sunday, and federal holidays) after the date of the mailing of Notice of Award, otherwise this
obligation shall become null and void.
It 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 23RD day of
RUIZ ENGINEERING COMPANY
Name of Contractor (Principal)
CONTINENTAL CASUALTY COMPANY
Name of Surety
1800 E. IMPERIAL HWY.
BREA, CA 92821
Address of Surety
(800)262 -8714
Telephone
MARCH 9Oni
MICHAEL A. QUIGLEY, ATTORNEY -IN -FACT
Print Name and Title
(Notary acknowledgment of Principal & Surety must be attached)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Califomia
County of
t '7
On MARCH 23, 2001 before me,
Cate
personally appeared
Peas Notary Seal Above
I ss.
M. TREDINNICR, NOTARY PUBLIC
Name and Title of Offl a (e.g., 'Jane Doe, Notary P
MICHAEL A. QUIGLEY
Names) a Sgnens)
131 personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(II) whose name(R) is /aN
subscribed to the within instrument and
acknowledged to me that hem executed
the same in his/bUriMnOr authorized
capacity0m), and that by his/bMrftMMX
signature%) on the instrument the person(so, or
the entity upon behalf of which the persona
acted, executed the instrument.
fF
WITNESS y hand and official seal.
Sgnature of Notary WWic
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: Number of Pages
Signer(s) Other Than Named Above: _
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual -
iop of thumb here
❑ Corporate Officer — Tifte(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
0 1997 National Notary As aban •9350 be Sato Ave., P.O. Box 2402 • Cha6romfh. CA 91313 -2402 Pead. No. 5907 Reorder. CaA TotFFme 1�6 -6e27
POWER OF ATTOR•Y 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
�r�rV GASUgCTyC
�oPPOWYF
F • v
0 SEAL g
1e91
State of Illinois, County of Cook, ss
CONTINENTAL CASUALTY COMPANY
�utl�0f NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
�4 �AMERICAN CASUALTY COMPANY READING, PENNSYLVANIA
JULY 11,
Isat // Yylv4L
Marvin J. Cashion Group Vice President
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 LEVER 4e hc�
DIANE FAULIQJER
• GG —_ -F
i Notary VuDYO, 6tab of gllnoi• i
• my tomnlsfioe Emims flit 1101
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 23RD day of MARCH 1 2001
Co'sUgtrY
COPPOR4rE �r
2 . v
SEAL g
test
4` *$04,yc7, h` ,iPMVOa'
a
i S JULY 11,
INZ
HOT*
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY CCOMPANY OF READING, PENNSYLVANIA
l.�
Mary A. Ribikawskis Assistant Secretary
(Rev.1011/97)
Authorizing 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 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 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 seated 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 VF-- 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, 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, Attomeys -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."
9
E
PAGE 4
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
VIA LIDO RESURFACING PROJECT
CONTRACT NO. 3372
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.
1.
Subcontract Work
(CC.
Subcontractor
C \v;L W,CC,e-
Address
f3cr'NCC}
2.
7aL1Fi -pr_ 9(_60& :
IQ.oF'�,C czC ,+ &L,!tj&
5
4.
5.
6.
7.
8.
9.
10.
,. ,. I
Bidder
L Author' ed ignature/Title AA
Cf'd ✓=L) -
PAGE 5
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
VIA LIDO RESURFACING PROJECT
CONTRACT NO. 3372
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
The undersigned submits herewith a statement of the work of similar character to that
proposed herein which he /she has performed and successfully completed.
Year Project
Completed Name /Agency
Person Telephone
To Contact Number
IO�Z cr.!G.irJCE.2..U6
Bidder Authori ed 2rianatureffitle
4
1'
JOB REFERENCES
Los Angeles County Public Works
900 South Fremont Ave.
Alhambra, CA 91803 -1331
Att: Robert Green,
Iza Adawia,
Tony Graje
TF:626)458 -3118 CC #7729
City of New Port Beach
3300 Newport Blvd.
Newport Bch.,CA 92658
TF:949)644 -3311
Att:Robert Masters,
Horst Hlawaty, P.E
- Mendocino Ave.
- Ventura St.
- Garona Dr.
- Gibson
- Budlong
- Malibu Vista Dr.
-Leroy
-Page
- Presidio Dr.
- Avalon Blvd
- Figueroa Dr
-Rd. Div. 445 -1
-Lotis Ave.
-Dover Dr
$116,691
$88,947
$112,749
$205,174
$67,800
$209,87'-
$593,3+1
$139,981
$199,5.-()
$192,1,1)
$171,05.1
$194,018
$133,372
$459,382
End:5 -30 -98
End:5 -29 -98
End:7 -15-98
End:5 -10 -00
End:3 -20 -00
End:4 -24 -00
End: 12 -30 -99
End:9 -10-99
End:3 -22 -99
End:4 -5 -99
End: 12-11-98
End:8 -24 -98
End:6 -26 -98
End:5 -8 -00
City of Cerritos - Residential Street Improvements End:May`98
18125 Bloomfield Ave. $641,525
Cerritos,CA 9703 -3130
Att: Vic Masaya, Public Works
TF:562)860 -0311
City of Pico Rivera
- Passons Blvd.
$107,370
End:6- 21-99
6615 Passons Blvd.
- Streamland
$47,269
End:6 -30 -99
Pico Rivera, CA 90660 -1016
-Rio Hondo
$29,485
End:8 -31 -99
TF:562)801 -4389
-Cord Ave.
$34,057
End:12 -30 -99
Public Works
City of Baldwin Park
14403 E. Pacific Ave.
Baldwin Park CA. 91706
TF:626)960 -4011
City of Glendora
116 E. Foothill Blvd.
Glendora,CA 91741
TF:626)914 -8221
- 1990 -2000 Prop "C" $337,41'
- Bender Ave. $67,972
End:12 -27 -99
End-6-30-99
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
VIA LIDO RESURFACING PROJECT
CONTRACT NO. 3372
NON - COLLUSION AFFIDAVIT
State of California )
) SS.
County of
PAGE 6
r" 7G i w' V rz being first duly sworn, deposes and says that he or she is
r, : n,2- tic c- of 0 U, Z C o C- i ps . c2 w .. C u { °d 'r • the party making the
foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the bid is genuine and not
collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of,
or on behalf of, any undisclosed person, partnership, company, association, organization, or
corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or
indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or
indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham
bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of
the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of
that of any other bidder, or to secure any advantage against the public body awarding the contract
of anyone interested in the proposed contract; that all statements contained in the bid are true;
and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any
breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or
paid, and will not pay, any fee to any corporation, partnership, company association, organization,
bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
I declare under penalty of perjury of the laws of the
and correct.
�utZ
Bidder
of California that the foregoing is true
Subscribed and sworn to before me this 4`i day of r /,S ^`y> 2001.
LS -A
LILIAN A. RUI2
COMM.01254488 m
NGtary Notary Public- California fA
w LOS ANGELES COUNTY
Y Safj�f6�atR�sF a
0 0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
VIA LIDO RESURFACING PROJECT
CONTRACT NO. 3372
NOTICE TO SUCCESSFUL BIDDER
PAGE 7
The following Contract Documents shall be executed and delivered to the Engineer within
ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of receipt
Notice of Award to the successful bidder:
• CONTRACT
• LABOR AND MATERIALS PAYMENT BOND
• FAITHFUL PERFORMANCE BOND
The City of Newport Beach will not permit a substitute format for these Contract
Documents. Bidders are advised to review their content with bonding, insuring and legal agents
prior to submission of bid. Certificate(s) of Insurance, General Liability Insurance
Endorsement, and Automobile Liability Insurance Endorsement shall be provided as
required by the Contract documents and delivered to the Engineer within ten (10) days (not
including Saturday, Sunday and Federal holidays) after the date of receipt Notice of Award
to the successful bidder.
The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by
an insurance organization or surety (1) currently authorized by the Insurance Commissioner to
transact business of insurance in the State of California, and (2) listed as an acceptable surety in
the latest revision of the Federal Register Circular 570.
Pursuant to Public Contract Code Section 22300, appropriate securities may be
substituted for any monies to be withheld to ensure performance under the Contract.
Insurance companies affording coverage shall be (1) currently authorized by the Insurance
Commissioner to transact business of insurance in the State of California, and (2) assigned
Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance
with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be
provided as specified in the Standard Specifications for Public Works Construction, except as
modified by the Special Provisions. Certificates of Insurance and additional insured
endorsements shall be on the insurance company's forms, fully executed and delivered with the
Contract. The Notice to Proceed will not be issued until all contract documents have been
received and approved by the City.
• • PAGE 8
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
VIA LIDO RESURFACING PROJECT
CONTRACT NO. 3372
CONTRACT
THIS AGREEMENT, entered into this 29th day of March, 2001, by and between the CITY OF
NEWPORT BEACH, hereinafter "City," and Ruiz Engineering Company, hereinafter
"Contractor," is made with reference to the following facts:
WHEREAS, City has advertised for bids for the following described public work:
VIA LIDO RESURFACING PROJECT
Project Description
3372
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. 3372, 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 •
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 two hundred sixty -one thousand,
seventeen and 80/100 Dollars ($261,017.80).
This compensation includes:
(1) Any loss or damage arising from the nature of the work,
(2) Any loss or damage arising from any unforeseen difficulties or obstructions in the
performance of the work,
(3) Any expense incurred as a result of any suspension or discontinuance of the work, but
excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the
Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance
of the work by City.
D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before
making its final request for payment under the Contract Documents, Contractor shall
submit to City, in writing, all claims for compensation under or arising out of this Contract.
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Contract except those previously made in writing
and identified by Contractor in writing as unsettled at the time of its final request for
payment.
WRITTEN NOTICE Any written notice required to be given under the Contract
Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid,
directed to the address of Contractor and to City, addressed as follows:
CITY
City of Newport Beach
Public Works Department
3300 Newport Boulevard
Newport Beach, CA 92663
Attention: Stephen J. Luy
(949) 644 -3330
F. LABOR CODE 3700 LIABILITY INSURANCE
hereby certifies:
CONTRACTOR
Ruiz Engineering Company
1344 Temple Avenue
Long Beach, CA 90804
(562) 439 -3070
Contractor, by executing this Contract,
"I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or undertake self -
insurance in accordance with the provisions of the Code, and I will comply with such
provisions before commencing the performance of the work of this Contract."
G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less
than A:VII and insurers must be a California Admitted Insurance Company.
Contractor shall furnish City with certificates of insurance and with original
endorsements effecting coverage required by this Contract. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by that
PAGE 10
insurer to bind coverage on its behalf. All certificates and endorsements are to be
received and approved by City before work commences. City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by Contractor, his agents,
representatives, employees or subcontractors. The cost of such insurance shall be
included in Contractor's bid.
1. Minimum Scope of Insurance
Coverage shall be at least as broad as:
a) Insurance Services Office Commercial General Liability coverage "occurrence"
form number CG 0001 (Edition 11/85) or Insurance Services Office form number
GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance
Services Office form number GL 0404 covering Broad Form Comprehensive
General Liability.
b) Insurance Services Office Business Auto Coverage form number CA 0001 0187
covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288
Changes in Business Auto and Truckers Coverage forms - Insured Contract.
c) Workers' Compensation insurance as required by the Labor Code of the State of
California and Employers Liability insurance.
2. Minimum Limits of Insurance
Coverage limits shall be no less than:
a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily
injury, personal injury and property damage. If Commercial Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate
limit shall apply separately to this project/location or the general aggregate limit
shall be twice the required occurrence limit.
b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily
injury and property damage.
c) Workers' Compensation and Employers Liability: Workers' compensation limits
as required by the Labor Code of the State of California and Employers Liability.
3. Deductibles and Self- Insured Retentions
Any deductibles or self- insured retentions must be declared to and approved by City.
At the option of City, either: the insurer shall reduce or eliminate such deductibles or
self- insured retentions as respects City, its officers, officials, employees and
volunteers; or Contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
• 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.
v. The insurance afforded by the policy for contractual liability shall include
liability assumed by contractor under the indemnification /hold harmless
provision contained in this Contract.
b) Workers' Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogation against City, its officers,
officials, employees and volunteers for losses arising from work performed by
Contractor for City.
c) All Coverages
Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled, rescinded by either
party, reduced in coverage or in limits except after thirty (30) days' prior
written notice by certified mail, return receipt requested, has been given to
City.
5. Acts of God
Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for
the repairing and restoring damage to Work, when damage is determined to have
been proximately caused by an Act of God, in excess of 5 percent of the Contract
amount provided that the Work damaged is built in accordance with the plans and
specifications.
PAGE 12
6. Right to Stop Work for Non - Compliance
City shall have the right to offer the Contractor to stop Work under this Agreement
and /or withhold any payment(s) which become due to Contractor hereunder until
Contractor demonstrates compliance with the requirements of this article.
H. RESPONSIBILITY FOR DAMAGES OR INJURY
City and all officers, employees and representatives thereof shall not be responsible in
any manner: for any loss or damages that may happen to the Work or any part
thereof; for any loss or damage to any of the materials or other things used or
employed in performing the Work, for injury to or death of any person either workers or
the public; or for damage to property from any cause arising from the construction of
the work by Contractor, or its subcontractors, or its workers, or anyone employed by it.
2. Contractor shall be responsible for any liability imposed by law and for injuries to or
death of any person or damage to property resulting from defects, obstructions or from
any cause arising from Contractor's work on the Project, or the work of any
subcontractor or supplier selected by the Contractor.
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.
Nothing in this article, nor any other portion of the Contract Documents shall be
construed as authorizing any award of attorneys' fees in any action to enforce the
terms of this Contract, except to the extent provided for in H.3, above.
6. The rights and obligations set forth in this Article shall survive the termination of this
Contract.
I. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other
Contract Documents by Contractor is a representation that Contractor has visited the
Project Site, has become familiar with the local conditions under which the work is to be
performed, and has correlated all relevant observations with the requirements of the
Contract Documents.
• i
PAGE 13
J. CONFLICT If there is a conflict between provisions of this Contract and any other
Contract Document, the provisions of this Contract shall prevail.
K. WAIVER A waiver by City or any term, covenant, or condition in the Contract
Documents shall not be deemed to be a waiver of any subsequent breach of the same or
any other term, covenant or condition.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day
and year first written above.
ATTEST:
CITY
APPROV S TO FORM:
CITY ATTORNEY
CITY OF NEWPORT BEACH
A Municipal Corporation
By. g, �d�3
Mayor Garold B. Adams
iz
A z Signature and Title
Ado 6. P -0z,P'
CALIFORNIA ALL- PURPOSEOKNOWLEDGMENT
State of 6A1_ / Fa/ZNyfj
County of G-OS ArlaELE!:?
On Y—/7 —c% before me, G%GfAN POD Z , AOE IP— p_001-IC"
Dale Name and Tlfle of O icer (e.g., 'Jane Doe, Notary Pvbbc')
personally appeared �i«� o ( Z
Name(s) of Slgoeris)
/personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is /are subscribed to the within instrument
and acknowledged to me that he she /they executed the
same in his /her /their authorized capacity(ies), and that by
IAN A. RUIZ his /her /their signature(s) on the instrument the person(s),
y cOMIANA. RUIZ m or the entity upon behalf of which the person(s) acted,
y 7wb' „ Notary Public- Calitwnia N executed the instrument.
W ? LOS ANGELES COUNTY
My Comm. Exp. Feb. 25, 21XW WITNESS my hand and official seal.
Igpal of No PIEIic
OPTIONAL
Though the information below is not required bylaw, it may prove valuable to persons relying on the d xument and cc..:.i prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑
Individual
Corporate Officer
Title(s):
Partner —❑ Limited ❑ General
Attomey -in -Fact
Trustee
Guardian or Conservator
❑ Other:
Signer Is Representing
RIGNTTNUMBPRINT
OF SIGNER
Signer's Name:
Number or Pages:
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
iTHMBPRINT
OF SIGNER
0 1995 National Notary Awodallon • 9236 Ram1rt Aw., P.O. Box 7184 • Canoga Park, CA 01309 -7181 Prod, No. 5907 Reeder. Cali Tdli 14100-876 -W
ACORD CERTIFICATOOF
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
LIABILITY INSUR CE
DATE(MWDD/YY)
04/12/20ol
PRODL: ER (818) 706 -9900 FAX (818) 706 -9905
F & I Insurance Services, Inc.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
28720 Roadside Dr., Suite 275
POLICYEFFECTIVE
GATE MM /00/YY
POLICY EXPIRATION
DATE MM /DD/YY
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P. 0. Box 1469 -
Agoura Hills, CA 91301
GENERAL LIABILITY
CPP1220260 -01
INSURERS AFFORDING COVERAGE
INSURED Ruiz Engineering Company
1344 Temple Avenue k
APR
`
T LUll
INSURERA'. Pennsylvania General Insurance Co.
INSURER
Long Beach, CA 90804
X COMMERCIAL GENERAL LIABILITY
INSURER C:
Ph: 562- 439 -3070
i
CLAIMS MADE a OCCUR
INSURER D'
INSURER E:
MED EXP (Any one person)
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD' INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICYEFFECTIVE
GATE MM /00/YY
POLICY EXPIRATION
DATE MM /DD/YY
LIMITS
GENERAL LIABILITY
CPP1220260 -01
06/30/2000
06/30/2001
EACH OCCURRENCE
$ 1,000,00
FIRE DAMAGE (Any one Ike)
5 300,000
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE a OCCUR
MED EXP (Any one person)
S 5,00
A
X Contractual Llab.
PERSONAL &ADV INJURY
$ 11000,00
X
X, C, D
GENERAL AGGREGATE
S 2,000,00
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP /OP AGG
$ 21000,00
POUCY PRO- LOC
JECT
AUTOMOBILE
LIABILITY
ANY AUTO
BA0320536 -01
06/30/2000
06/30/2001
COMBINED SINGLE LIMIT
(Ea accident)
$ 1,000,000
X
BODILY INJURY
(Per person)
$
A
ALL OWNED AUTOS
SCHEDULEDAUTOS
HIRED AUTOS
NON - OWNEDAUTOS
X
BODILY INJURY
(Per aoadent)
$
X
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
ANY AUTO
$
AUTO ONLY ASS
EXCESS LIABILITY
EACH OCCURRENCE
$
OCCUR E] CLAIMS MADE
AGGREGATE
$
$
DEDUCTIBLE
$
RETENTION $
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
W TA U-
TORY LIMITS ER
E,I, EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYEE
$
EL DISEASE - POLICY LIMIT
$
ON ER
nand Marine Policy
CPP1220260 -01
06/30/2000
06/30/2001
$405,000 Scheduled Equipment
A
$1,000 Deductible
DESCRIPTION OF OPERATIONS /LOCATONS/VEHICLES(EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS
ob: Via Lido Resurfacing Project, Contract #3372
Certificate Holder is included as an Additional Insured
`10 Day Notice of Cancellation for non payment of premium.
l.Cn unMA�C nvLVt =n I ADDITIONAL INSURED; INSURER LETTER: VAIYVCLLA I IVIN
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL X% MAIL
City of Newport Beach
Administrative Assistant - Public Works 30 -r DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
3300 Newport Beach Blvd BX��NfNaY( i( Nd( itdtl6lGX�MY74d116GXdCd6Xi4 )0470WiXEfiCXX
Box 1768 KK*X) 9NOklfd(N)Dotv(*XXKXY&A=OWA*XVM)WUKXXXXXXXX
Newport Beach, CA 92659 -1768 AUTHORI� B REPRESPTATIVE/--\ n n
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.
ACORD 25 -S (7/97)
THU APR 12, 2001 02:10 PM
PAGE 2
PC,Ll(-I .-,--)> TMERCIAL GENERAL LIA.BILTY
THIS ENDORSEMENT CHANGES THL POLICY. PLEASE READ 1T(:ARFFULLY
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS
(FORM B)
This enc10rSQaaCnL modifies insurance under the CC)`XMR('lAL 0•NTRAL LI-NBILITY COVTRACiE FORM
This endorsement changes the policy effectie e on the inception date of the policy unless another date is Indicated below,
Endorsement Effective
3 27.(11 to 71.01
Named Insured 'ountersianed By
Ruiz Fnizineennit
(Authorized Representative)
SCHEDULE
fF. .IF PE S,-)X ;')?,
o[ NewForit Beach. its officers. olninak. employees and volunteers
33110 N'ev-por Reach RIvd, PON 176s
NNewpor, Reach, I-A 91659-1765
Re Via LiJL, Res a facinv Project. Contract =3372
HI? IS AN (Secn,m it; Is amended i,, ine I ude as an insured the
poison ororear,ation shod n in the S�hedfule. but
Cnl% \I It h tejoeC I it, 1,1ti In% jrSn� ou Cf 'I �1r ,orl- 1,r tha� ins ured b, )o.
'This Insurance is primer: for thu pers,%ri ":Ir
hour v: ork` for that ni,ured f,r or he You C4hcr Insurance ifforJect to that insured t, Ila pph as exco,, and mit contribute as
prinnor, to the insurance afforded b-. tha, insurance
(-v' " I ]v 1 1 55
f'opyrt&t. Insurance Sen ic,s 1--Itlice, Inc, 1954 Page I et I
04/23/2001 09:59 8107357077 COMMONWEALTH COM INS PAGE 02/02
04/27/2001 07:28 FAX 918772926 BUILDERS- TKADESaEN -05 •
POLICY NUMBER: BAD320536-01
COMMERCIAL AUTO
CA 20 48 07 97
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED
This endorsement modules insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by this endorsement.
This endorsement Ident(11es person(s) or organlzatlon(s) who are "insureds" under the Who is An Insured
provislon of the Coverage Form. This andoraament does not alter coverage provided in the Coverage Form.
This endorsement changes the policy effective on the Inception data of the policy unless another date Is Indicated
below.
Endorsement Effective: 4120101 to 611101
Counters B�
&$0
•
Authorized Re reaentative
Named Insured; Rutz Engineering
SCHEDULE
Name of Persons) or Organtzation(s):
City of Newport Besob
.Administrative Assistant- Public Works
3500 Newport Beach Blvd
P.O. Box 1768
Newpon Beacb, CA 92659 -1768
via
(If no entry appears above, Information required to complete thls endorsement will be shown in the Declarattona
Or abevs Schsduls as applicable to the endorsement)
Each person or organization indicated above is an 'Insured' for Liability Coverage, but only to the extent that
person or organization qualifies as an `Insured` under the Who Is An Insured provision contained In SECTION fl
of the Coverage Form.
CA 20 49 07 97 Copyright, Insurance Services Office, Inc., 1996 Pape 1 of 1 0
65/01/2001 13:41
OSiGJ1i2Y701 14:54
STATE
IN I;VRANO11
FUND
MAY 1. 2001
FR Df1 6 ENGINEERING ca
1562434635o
TO 134943318
m
P.O. BOX 420807. SAN FRANCISCO, CA 94142.08(:7
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
F
CITY OC• NEWPORT BEACH
APMIN15TRAIIVE ASST PUBLIC WORKS DEPT
3300 NEWPORT BEACH 8L SOX 3768
NEWPORT BEACH CA 92659
POt /C1' nuMeFxi• 1585159 - 01
GERTIFICaTE Ej(PtaE&: 4-14 -02
THIS SUPERSEDES AND
CORRECTS THE CERTIFICATE
ISSUED ON 04-17 -01.
DOB: RE RUIZ ENGINEERINa CO
P.02
Jp.582 17001
L
Tnis is to certity that we have issued a vats WorKUS' Compensation Insurance .policy in a torm approveo by the Cal'fo,n'a
Insurance CDmrretasiorner to the employer named below for the Molloy Period indicated.
-- 30
This potidy La not suD;'ect to conoeilation by the Fund except upoA#en days' advance written notice to the employer.
30
YJe Vri!1 2iS0 give yoA)f N dal% advance notice should this policy be cancelied Prior to n9 normal expiration.
This Certificate of ineurar =e is not an inSurance policy and does not amend, extend or after the coverage afforded by the
policies listed herein. Notwithstanding any requirement, tertlt, or Condition of any cvmract or other OOcunenl with
respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the P0116eS
,-Scribed herein is sub)ec::o all the terms, exclusions and conditions of Such POliciaS.
quTnpR�e-r /
1
� A£S�D ehT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE CASTS: s1,000,04C PER DCCUFRENCE-
EtIDORSEMENT 02065 ENTITLED CERTIFICATE HOLDERS' NOTICE FFFECTIV�.
04/14/01 IS ATTACHED TO 01D FORMS A PART OF THIS POLICY,
ENDORSEMENT 42570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE
05/01101 IS ATTACHED TO AND FORMS A PART OF THIS POLICY,
THIRD PARTY NAKEt CITY OF NEWPORT BEACH
EMPLOYER
7
CONSOLIDATED HUMAN RESOURCES INC
5,601 W SIAUSDN AVE STE 290
CVLVER CITY CA 90230
PR 1 of 4
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
VIA LIDO RESURFACING PROJECT
CONTRACT NO. 3372
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. 3372 in accord with the Plans and Special
Provisions, and will take in full payment therefore the following unit prices for the work,
complete in place, to wit:
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
1. Lump Sum Mobilization
Dollars
and
2 .. Cents
Per Lump Sum
2. Lump Sum Traffic Control
V<
@�Sknc *s��S'lkl Dollars
and
Cents S y 50. $ 54,Sc .
Per Lump Sum
3. 100 L.F. Remove Existing and Construct
P.C.C. Type A Curb & Gutter
e
@ 1 S' k Dollars
and .{u
�7 Cents $ 26, $ 26�Fe
Per Linear Foot
0
0
PR2of4
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
4. 730 L.F. Remove Existing and Construct
P.C.C. Rolled Curb & Gutter
sue-'^^ Dollars
and
�k7 Cents $ z� °�0 $ Per Linear Foot
5. 1,000 S.F. Remove Existing and Construct
8" Thick P.C.C. Cross Gutter
@ e.; q �A- Dollars
and q
� Ad, ` r Cents Per Square Foot
6. 2 Each Remove Existing and Construct
Modified Curb Inlet
Type OL -A, L= 10 Feet
_
kwc �:y! ..NrJ S`uc k
@ Dollars
and
'Z Cents
$ ZSce $ 500 -
Per Each
7. 100 S.F. Remove Existing and Construct
4 -Inch Thick PCC Sidewalk
@ Ec Dollars
and
s ixL7 m�C_ - Cents
6�
$ `i • $
Per Square Foot
8. 12,000 S.Y. Cold Mill Existing Asphalt
Pavement
@ 2 0 ' V Dollars
and
Se }� 4k Cents
Z
Per Square Yard
0 0
PR3of4
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
9. 39,000 S.Y. Crack Seal Existing Asphalt
Pavement
Dollars
and
Cents Per Square Yard
10. 210 Tons Remove Existing and Construct
8" Thick Aggregate Base
Dollars
and `� c
vi i tee+ 1 Cents $ 0 ° ` $ 12 1 S � _
Per Ton
11. 80 Tons Construct 2 1/2" Thick Asphalt
Pavement Base Course
@ QC` Dollars
and e
+� Cents $ l �k $ -
Perr Ton
12. 3,280 Tons Construct 1 1/2" Thick Asphalt
Overlay
@ �i lli plc Dollars
{-� and
Cents
i
$ 3`i•
3
$ 13C
Per Ton
13. 99 Each Adjust Water Valve Covers
to Grade
{� c V, K-w
Dollars
and
Z C2 -Z D Cents
$ ZZ S
$
Per Each
14. 64 Each Adjust Manholes to Grade
e_4
@ Dollars
and
zei Cents
$ ���
$ Of I�x-
Per Each
0
W -MIMS i!
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
15. 9 Each Adjust Sewer Main Cleanouts
I--,c
@ Dollars
and
?�JE'Li Cents
Per Each
16. Lump Sum Traffic Striping
[? ��e Dollars
and
Cents
Per Lump Sum
TOTAL PRICE IN WRITTEN WORDS
and
Cents
MdCcit dc� Ccl
Date
if.S6Z 43CjSC /c Mx'�6bL4?2ItC3S('
Bidder's Telephone and Fax Numbers
i t, - -?)SZ --�. s'({, _ A-
Bidder's License No(s)
and Classification(s)
$ 1% ' $ /71C.
$
1
CA�
Dollar's
Tonal Price (Figures)
j?li "i� cr�eI NCC k'i I:L Cc' %1 fil r%�.
Bidder
B0 r' Authorized Sign ure,and Title
%L'S' ='�!.
Bidder's Address
0 0
i
1
1
1
2
2
2
2
2
2
2
2
3
3
3
3
4?
4
4
4
4
PUBLIC WORKS DEPARTMENT
INDEX
FOR
SPECIAL PROVISIONS
VIA LIDO RESURFACING PROJECT
CONTRACT NO. 3372
INTRODUCTION
PART 1 - -- GENERAL PROVISIONS
SECTION 2
SCOPE AND CONTROL OF THE WORK
2 -6
WORK TO BE DONE
2 -9
SURVEYING
2 -9.3
Survey Service
SECTION 3
CHANGES IN WORK
3 -3
EXTRA WORK
3 -3.2
Payment
3 -3.2.3
Markup
SECTION 4
CONTROL OF MATERIALS
4 -1
MATERIALS AND WORKMANSHIP
4 -1.3
Inspection Requirements
4 -1.3.4
Inspection and Testing
SECTION 5
UTILITIES
5 -7
ADJUSTMENTS TO GRADE
5 -8
SALVAGED MATERIALS
SECTION 6
PROSECUTION, PROGRESS AND ACCEPTANCE
OF THE WORK
6 -1
CONSTRUCTION SCHEDULE AND
COMMENCEMENT OF THE WORK
6 -7
TIME OF COMPLETION
6 -7.1
General
6 -7.2
Working Days
6 -7.4
Working Hours
6 -9
LIQUIDATED DAMAGES
i
1
1
1
2
2
2
2
2
2
2
2
3
3
3
3
4?
4
4
4
4
0
SECTION 7
RESPONSIBILITIES OF THE CONTRACTOR
7 -8
PROJECT SITE MAINTENANCE
7 -8.5
Temporary Light, Power and Water
7 -8.6
Water Pollution Control
7 -8.8
Steel Plates
7 -10
PUBLIC CONVENIENCE AND SAFETY
7 -10.1
Traffic and Access
7 -10.2
Storage of Equipment and Materials in Public Streets
7 -10.3
Street Closures, Detours, Barricades
7 -10.4
Public Safety
7- 10.4.1
Safety Orders
7 -10.5
"No Parking" Signs
7 -10.7
Notice to Residents and Temp Parking Permits
7 -15
CONTRACTOR LICENSES
7 -16
CONTRACTOR'S RECORDWAS BUILT DRAWINGS
SECTION 9
MEASUREMENT AND PAYMENT
9 -3
PAYMENT
9 -3.1
General
9 -3.2
Partial and Final Payment
PART 2 - -- CONSTRUCTION MATERIALS
SECTION 201
CONCRETE, MORTAR, AND RELATED MATERIALS
201 -1
PORTLAND CEMENT CONCRETE
201 -1.1.2
Concrete Specified by Class
201 -2
REINFORCEMENT FOR CONCRETE
201 -2.2.1
Reinforcing Steel
SECTION 214
PAVEMENT MARKERS
214 -4
NON - REFLECTIVE PAVEMENT MARKERS
214 -5
REFLECTIVE PAVEMENT MARKERS
SECTION 215
STORM DRAIN FILTERS
215 -1
GENERAL
5
5
5
5
5
5
5
6
6
6
7
7
7
7
8
8
8
10
10
10
10
10
10
10
10
10
11
11
11
0
PART 4
SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, 14
PORTLAND CEMENT CONCRETE AND UNTREATED
BASE
400 -2 U
PART 3 - -- CONSTRUCTION METHODS
11
SECTION 300
EARTHWORK
11
300 -1
CLEARING AND GRUBBING
11
300 -1.3
Removal and Disposal of Materials
11
300 -1.3.1
General
11
300 -1.3.2
Requirements
11
300 -1.5
Solid Waste Diversion
12
SECTION 302
ROADWAY SURFACING
12
302 -5
ASPHALT CONCRETE PAVEMENT
12
302 -5.1
General
12
302 -5.4
Tack Coat
12
SECTION 303
CONCRETE AND MASONRY CONSTRUCTION
12
303 -5
CONCRETE CURBS, WALKS, GUTTERS, CROSS
12
GUTTERS, ALLEY INTERSECTIONS, ACCESS
RAMPS AND DRIVEWAYS
12
303 -5.1
Requirements
12
303 -5.1.1
General
12
303 -5.5
Finishing
13
303 -5.5.2
Curb
13
303 -5.5.4
Gutter
13
SECTION 310
PAINTING
13
310 -5
PAINTING VARIOUS SURFACES
13
310 -5.6
Painting Traffic Striping, Pavement Markings, and Curb
Markings
13
310 -5.6.6
Preparation of Existing Surfaces
13
310 -5.6.7
Layout, Alignment and Spotting
13
310 -5.6.8
Application of Paint
13
SECTION 312
PAVEMENT MARKER PLACEMENT AND REMOVAL
14
312 -1
PLACEMENT
14
PART 4
SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, 14
PORTLAND CEMENT CONCRETE AND UNTREATED
BASE
400 -2 U
UNTREATED BASE MATERIALS 1
r1
u
SP 1 OF 14
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
VIA LIDO RESURFACING PROJECT
CONTRACT NO. 3372
INTRODUCTION
All work necessary for the completion of this contract shall be done in accord with (1)
these Special Provisions; (2) the Plans (Drawing No. R- 5758 -S); (3) the List of
Locations for Curb and Gutter Replacement; (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. 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 of P.C.C. curb and gutter, cross gutters, and asphalt
base and pavement, grinding asphalt roadway, construction of P.C.C. curb and gutter,
cross gutters, roadway base material, and asphalt concrete roadway, restoration of
existing improvements impacted by the work, and construction of other incidental items
of work."
2 -9 SURVEYING
2 -9.3 Survey Service. Add to this section, "The Engineer will provide construction
staking as required to construct the improvements. Any additional stakes or any
restaking or costs thereof shall be the responsibility of the Contractor. The Contractor
shall notify the City in writing two working days in advance of the time that the stakes
0
SP 2 OF 14
are needed. The City's Surveyor will file a Corner Record or Record of Survey with the
County Surveyor's Office prior to the start of any construction. After completion of all
construction, the City's Surveyor will file a Corner Record or Record of Survey with the
County Surveyor's Office for any monuments that have been replaced. All existing
street and property corner monuments are to be preserved. The contractor will be
back - charged for the cost of restoring any survey monument damaged by the
Contractor outside the project limits."
SECTION 3 - -- CHANGES IN WORK
3 -3 EXTRA WORK
3 -3.2 Payment
3 -3.2.3 Markup. Replace this section with, "
(a) Work by Contractor. The following percentages shall be added to the
Contractor's costs and shall constitute the markup for all overhead and profits:
1) Labor ............. ............................... 20
2) Materials ........ ............................... 15
3) Equipment Rental ........................... 15
4) Other Items and Expenditures ........... 15
To the sum of the costs and markups provided for in this subsection, 1 percent
shall be added for compensation for bonding.
(b) Work by Subcontractor. When all or any part of the extra work is
performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be
applied to the Subcontractor's actual cost of such work. A markup of 10 percent
on the first $5,000 of the subcontracted portion of the extra work and a markup
of 5 percent on work added in excess of $5,000 of the subcontracted portion of
the extra work may be added by the Contractor.
This section only applies to work in excess of the estimated quantities shown in
the Proposal."
SECTION 4 - -- CONTROL OF MATERIALS
4 -1 MATERIALS AND WORKMANSHIP
4 -1.3 Inspection Requirements
4 -1.3.4 Inspection and Testing. All material and articles furnished by the
Contractor shall be subject to rigid inspection, and no material or article shall be used in
the work until it has been inspected and accepted by the Engineer. The Contractor
0 0
SP3OF14
shall furnish the Engineer full information as to the progress of the work in its various
parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's
readiness for inspection.
The Engineer shall select an independent testing laboratory and pay for all testing as
specified in the various sections of the Standard Special Provisions and these Special
Provisions. When, in the opinion of the Engineer, additional tests and retesting due to
failed tests or inspections are required because of unsatisfactory results in the manner
in which the Contractor executed his work, such tests and inspections shall be paid for
by the Contractor.
SECTION 5 - -- UTILITIES
5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust to finish grade City -
owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and
survey monuments. The Contractor shall coordinate the adjustment of Southern
California Edison, The Gas Company, Pacific Bell and cable television facilities to the
finish grade with the appropriate utility company.
5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing meter or valve
box covers. The Contractor shall salvage all removed cast iron pipes. Salvaged
materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The
Contractor shall make arrangements for the delivery of salvaged materials by
contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 -3402.
SECTION 6 - -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK
6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this
section, "The time for completion as specified in Section 6 -7, shall commence at
the time of City Council award.
The Contractor shall furnish City with certificates of insurance with original
endorsements effecting coverage required by this contract (Section G) to the City for
processing and approval prior to City permitting any work on site to commence.
No work shall begin until a schedule of work has been approved by the Engineer. The
Contractor shall submit a construction schedule to the Engineer for approval a minimum
of five working days prior to commencing any work. Schedule may be bar chart or CPM
style.
The Engineer will review the schedule and may require the Contractor to modify the
schedule to conform to the requirements of the Contract Documents. If work falls behind
the approved schedule, the Contractor shall be prohibited from starting additional work
until he has exerted extra effort to meet his original schedule and has demonstrated that
he will be able to maintain his approved schedule in the future. Such stoppages of work
•
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SP 4 OF 14
shall in no way relieve the Contractor from his overall time of completion requirement, nor
shall it be constructed as the basis for payment of extra work because additional
personnel and equipment were required on the job."
The term "work" as used herein shall include all removal of P.C.C. curb and gutter,
cross gutters, and asphalt base and pavement, grinding asphalt roadway, construction
of P.C.C. curb and gutter, cross gutters, roadway base material, and asphalt concrete
roadway, restoration of existing improvements impacted by the work, and construction
of other incidental items of work."
6 -7 TIME OF COMPLETION
6 -7.1 General. Add to this section, "After City Council award, the Contractor
shall complete all work under the Contract within forty consecutive working days.
This schedule includes ten days for processing of contract, bonds and insurance
documents.
It will be the Contractor's responsibility to ensure the availability of all material prior to
the start of work. Unavailability of material will not be sufficient reason to grant the
Contractor an extension of time for 100 percent completion of work."
6 -7.2 Working Days. Revise 3) to read, "any City holiday, defined as January 1 st,
the third Monday in February (President's Day), the last Monday in May (Memorial Day),
July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day),
the fourth Thursday in November (Thanksgiving), and December 25th (Christmas). If
January 1st, July 4th, November 11th or December 25th falls on a Sunday, the
following Monday is a holiday."
6 -7.4 Working Hours. Normal working hours are limited to 8:00 a.m. to 4:30 P.M.
Monday through Friday.
Should the Contractor elect to work outside normal working hours, he must first obtain
special permission from the Engineer. The request may be for 4:30 P.M. to 6:30 P.M.
on weekdays or 8:00 A.M. to 6 P.M. on Saturday only. A request for working during any
of these hours must be made at least 72 hours in advance of the desired time period.
A separate request must be made for each work shift. The Engineer reserves the right
to deny any or all such requests. Additionally, the Contractor shall pay for supplemental
inspection costs of $50.00 per hour when such time periods are approved.
6 -9 LIQUIDATED DAMAGES. Revise sentence three to read, "For each consecutive
calendar day after the forty consecutive working days specified for completion of the
work, as adjusted in accordance with Subsection 6 -6, the Contractor shall pay to the
City or have withheld from moneys due it, the daily sum of $500.
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SP5OF14
Revise paragraph two, sentence one, to read, "Execution of the Contract shall
constitute agreement by the Agency and Contractor that $500 per day is the minimum
value of the costs and actual damage caused by the failure of the Contractor to
complete the Work within the allotted time."
The intent of this section is to emphasize to the Contractor the importance of
prosecuting the work in an orderly - preplanned continuous sequence so as to minimize
the disruption time to the public.
SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR
7 -8 PROJECT SITE MAINTENANCE
7 -8.5 Temporary Light, Power and Water. Add to this section, "If the Contractor
elects to use the City's water, he shall arrange for a meter and tender a $750 meter
deposit with the City. Upon return of the meter to the City, the deposit will be returned
to the Contractor, less a quantity charge for water usage and repair charges for damage
to the meter."
7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water
containing mud, silt or other deleterious material due to the construction of this project
shall be treated by filtration or retention in settling basin(s) sufficient to prevent such
material from migrating into any catch basin or the bay."
7 -8.8 Steel Plates. The City can provide a limited quantity of steel plates. These
plates may be obtained for a rental charge of $15.00 per plate per week or part thereof.
In addition, the Contractor shall deposit $100 for the use of the City's lifting eye fitting
and for the use of trench plates. The Contractor shall obtain plates from and return
plates to the City's Utilities Yard at 949 West 16th Street. To determine the number of
plates available and to reserve the plates, the Contractor must call the City's Utilities
Superintendent, Mr. Ed Burt, at (949) 718 -3402.
7 -10 PUBLIC CONVENIENCE AND SAFETY
7 -10.1 Traffic and Access. Add to this section, "The Contractor shall provide
traffic control and access in accordance with Section 7 -10 of the Standard
Specifications and the Work Area Traffic Control Handbook (WATCH) also published
by Building News, Inc."
7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first
paragraph and add the following, "Construction equipment and materials shall not be
stored in streets, roads, or sidewalk areas. Contractor may store equipment and
materials at the Rhine Wharf Parking Lot with the approval of the Engineer. Contractor
shall restore the Parking Lot to its preconstruction condition."
• 0
SP6OF14
7 -10.3 Street Closures, Detours and Barricades. Add to this section, "The
Contractor shall submit to the Engineer at least five working days prior to the pre -
construction meeting a traffic control plan and detour plan(s) for each street and parking
lot. The Contractor will be responsible for processing and obtaining approval of a traffic
control plan from the City's Traffic Engineer. The Contractor shall adhere to the
conditions of the traffic control plan. All traffic control plans shall be prepared by a
licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC
CONTROL HANDBOOK (W.A.T.C.H.), 1996 Edition. The traffic control and detour
plans must meet the following requirements:
1. Emergency vehicle access shall be maintained at all times.
2. The locations and wordings of all barricades, signs, delineators, lights, warning
devices, parking restrictions, and any other required details shall ensure that all
pedestrian and vehicular traffic will be handled in a safe manner with a
minimum of inconvenience to the public.
1 All advanced warning sign installations shall be reflectorized and/or lighted.
4. Vehicle access to and from one -way streets may be limited or closed during
working hours to the extent that not all of the same direction one -way streets
are closed at the same time. One -way streets shall not be closed during non -
work hours. On Via Lido Soud and Nord, two -way traffic shall be open during
non - working hours. The contractor shall cover all ONE WAY type signs
adjacent to the paving operation to allow better access and parking
during the construction. These signs must be uncovered immediately
after Via Lido Nord and Via Lido Soud have been reopened to vehicular
traffic.
5. No two consecutive adjacent streets shall be concurrently closed to vehicular
traffic during construction. Via Lido Nord must be fully open to traffic
when Via Lido Soud is closed for paving and vice versa. Full vehicular
access to any garage on Lido Isle shall not be prohibited for longer than
24 consecutive hours under any circumstances.
6. The Contractor shall accommodate the City's trash collection. If the
Contractor elects to work on a street during its trash collection days, it shall
be the Contractor's responsibility to make alternative trash collection
arrangements by contacting the city's Refuse Superintendent, Mr. William
Russo, at (949) 718 -3468 and all property owners.
7 -10.4 Public Safety
7- 10.4 -1 Safety Orders. Add to this section, "The Contractor shall be solely
and completely responsible for conditions of the job -site, including safety of all persons
SP 7 OF 14
and property during performance of the work, and the Contractor shall fully comply with
all State, Federal and other laws, rules, regulations, and orders relating to the safety of
the public and workers.
The right of the Engineer or the City's Representative to conduct construction review or
observation of the Contractor's performance shall not include review or observation of
the adequacy of the Contractor's safety measures in, on, or near the construction site."
7 -10.5 "No Parking" Signs. The Contractor shall furnish, install, and maintain in
place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING"
signs) which he shall post at least forty -eight hours in advance of the need for
enforcement. In addition, it shall be the Contractor's responsibility to notify the City's
Police Department, Traffic Division at (949) 644 -3717, for verification of posting at least
forty -eight hours in advance of the need for enforcement. The signs shall (1) be made
of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches
high; and (3) be similar in design and color to sign R -38 of the CalTrans Uniform Sign
Chart.
The Contractor shall print the hours and dates of parking restriction on the "NO
PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the
completed sign shall be reviewed and approved by the Engineer prior to posting.
7 -10.7 Notices to Residents. Forty -eight hours before the start of any
construction, the Contractor shall distribute to adjacent residents within 500 feet of the
project, a written notice stating when construction operations will start and what
disruptions may occur and approximately when construction will be complete. The
written notices will be prepared by the Engineer. The Contractor shall insert the
applicable dates and times when the notices are distributed. Errors in distribution, false
starts, acts of God, strikes or other alterations of the schedule will require Contractor
renotification using an explanatory letter furnished by the Engineer.
7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of
work, the Contractor shall possess a General Engineering Contractor "A" License. At
the start of work and until completion of work, the Contractor shall possess a Business
License issued by the City of Newport Beach.
7 -16 CONTRACTOR'S RECORDSMS BUILT DRAWINGS. A stamped set of
approved plans and specifications shall be on the job site at all times. In addition, the
Contractor shall maintain "As- Built" drawings of all work as the job progresses. A
separate set of drawings shall be maintained for this purpose. These drawings shall be
up -to -date and so verified by the Engineer at the time each progress bill is submitted.
Upon completion of the project, the Contractor shall provide "As- Built" corrections upon
a copy of the Plans. The "As- Built" correction plans shall be verified by the Engineer
prior to final payment or release of any bonds.
•
SP 8 OF 14
The Contractor shall maintain books, records, and documents in accordance with
generally accepted accounting principles and practices. These books, records, and
documents shall be retained for at least three years after the date of completion of the
project. During this time, the material shall be made available to the Engineer. Suitable
facilities are to be provided for access, inspection, and copying of this material.
SECTION 9 - -- MEASUREMENT AND PAYMENT
9 -3 PAYMENT
9 -3.1 General. Revise paragraph two to read, "The unit and lump sum prices bid
for each item of work shown on the proposed shall include full compensation for
furnishing the labor, materials, tools, and equipment and doing all the work to complete
the work in place and no other compensation will be allowed thereafter. Payment for
incidental items of work not separately listed shall be included in the prices shown for
the other related items of work. The following items of work pertain to the bid items
included within the Proposal:
Item No. 1 Mobilization: Work under this item shall include all preparation and
scheduling of materials and equipment necessary to complete the 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 Remove Existing and Construct P.C.C. Type A Curb and Gutter: Work
under this item shall include the removal and disposal of the existing curb and gutter,
subgrade compaction, reconstruction of curb openings for existing curb drains,
construction of P.C.C. curb and gutter, re- chiseling of curb face for existing
underground utilities, restoration of all existing improvements damaged by the work,
and all other work items as required to complete the work in place. Gutter width shall
be 18 inches.
Item No. 4 Remove Existing and Construct P.C.C. Rolled Curb and Gutter: Work
under this item shall include the removal and disposal of the existing curb and gutter,
subgrade compaction, reconstruction of curb openings for existing curb drains,
construction of P.C.C. rolled curb and gutter, re- chiseling the curb face for existing
underground utilities, restoration of all existing improvements damaged by the work,
and all other work items as required to complete the work in place. Gutter width shall
be 18 inches.
4
SP9OF14
Item No. 5 Remove Existing and Construct 8 -Inch Thick P.C.C. Cross Gutter: Work
under this item shall include the removal and disposal of the existing cross gutter and
spandrels, subgrade compaction, aggregate base, aggregate base compaction,
construction of 8 -inch thick P.C.C. cross gutter, adjustment of 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. 6 Remove Existing and Construct Modified Curb Inlet Type OL -A, 10 foot
Length: Work under this item shall include the removal and disposal of the existing
curb inlet, salvage of existing frame and cover for reuse, subgrade compaction,
construction of a new modified curb inlet per applicable portions of C.N.B. Std. 305 -L.,
reinstallation of the salvaged frame and cover, installation of storm drain stub out
(where applicable), reconnection of existing storm drain, installation of storm drain
filters, and all other work items as required to complete the work in place.
Item No. 7 Remove Existing and Construct 4 -Inch Thick P.C.C. Sidewalk: Work
under this item shall include the removal and disposal of the existing sidewalk,
subgrade compaction, construction of new 4 -inch thick P.C.C. sidewalk, and all other
work items as required to complete the work in place.
Item No.8 Cold Mill Existing Asphalt Pavement: Work under this item shall include
the cold milling of the existing asphalt roadway, as shown on the drawings, to a depth
below existing finished grade as shown on the drawings and all other work necessary to
cold mill the existing asphalt roadway in the project limits complete and in place.
Item No.9 Crack Seal: Work under this item shall include routing out the crack,
applying a soil sterileant, crack sealing of the existing asphalt roadway to be resurfaced
with a hot - applied crack sealant and the application of an asphaltic tack coat to the
roadway and all other work necessary to crack seal the existing asphalt roadway and
apply asphaltic tack coat complete and in place.
Item No. 10 Remove Existing and Construct 8 -Inch Thick Crushed Aggregate Base:
Work under this item shall include removing existing street, disposal of excess material,
grading, compaction, construction of the alley with 8 -inch crushed aggregate base and
all other work necessary to construct the street base complete and in place. Minimum
dig out width shall be 3 feet.
Item No. 11 Construct 2'h -Inch Thick Asphalt Pavement Base Course: Work under
this item shall include the construction of 2' /z -inch thick asphalt pavement base course
and all other work necessary to construct 2' /z -inch thick asphalt pavement base course
complete and in place.
Item No. 12 Construct 1'/2 -inch Thick Asphalt Pavement Overlay: Work under this
item shall include the construction of 1'/2 -inch thick asphalt pavement overlay and all
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40 SP 10 OF 14
other work necessary to construct 1' /z -inch thick asphalt pavement overlay complete
and in place.
Item No. 13 Adjust Water Valve Covers to Grade: Work under this item shall
include adjusting all water valve frames and covers to grade and any equipment
necessary to complete the work under this contract.
Item No. 14 Adjust Manholes to Grade: Work under this item shall include
adjusting all manholes to grade and any equipment necessary to complete the work
under this contract.
Item No. 15 Adjust Sewer Main Cleanouts to Grade: Work under this item shall
include adjusting all sewer main cleanouts to grade and any equipment necessary to
complete the work under this contract.
Item No. 16 Traffic Striping: Work under this item shall include traffic striping,
pavement markers, and all work necessary to install traffic striping complete and in
place.
9 -3.2 Partial and Final Payment. Add to this section, "Partial payments for
mobilization and traffic control shall be made in accordance with Section 10264 of the
California Public Contract Code."
PART 2
CONSTRUCTION MATERIALS
SECTION 201 - -- CONCRETE, MORTAR, AND RELATED MATERIALS
201 -1 PORTLAND CEMENT CONCRETE
201 -1.1.2 Concrete Specified by Class. Add to this section, "Portland Cement
concrete for construction shall be Class 560 -C- 3250."
201 -2 REINFORCEMENT FOR CONCRETE
201 -2.2.1 Reinforcing Steel. Add to this section, "Reinforcing steel shall be
Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown
otherwise on the plans."
SECTION 214 - -- PAVEMENT MARKERS
214-4 NON - REFLECTIVE PAVEMENT MARKERS. Add to this section, "All new non -
reflective pavement markers Types A and AY shall be ceramic."
• • SP 12 OF 14
(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 2- inches." And replace the words "1'/2- inch" of the last sentence
with the words "2- inches ".
300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes
generated from the job site shall be disposed of at a facility, which crushes such
materials for reuse. Examples of such materials would be excess soil and other
recyclable solid wastes and shall not be disposed of at a sanitary landfill.
The Contractor shall maintain monthly tonnage records of total solid wastes generated
and disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly
to the Engineer on a form provided by the Engineer and provide appropriate
confirmation documentation from the recycling facility.
SECTION 302 - -- ROADWAY SURFACING
302 -5 ASPHALT CONCRETE PAVEMENT
302 -5.1 General. Add to this section, "The asphalt concrete (A.C.) used shall be
III -C3 -AR -4000. All cracks 1/4-inch or greater in width shall be cleaned and sealed with
a hot - applied crack sealant approved by the Engineer. Holes, spalls, and cracks
greater than 1 -inch in width shall be filled and compacted with an F -AR 4000 asphalt
concrete mix. The pavement shall then be cleaned with a power broom."
302 -5.4 Tack Coat. Add to this section, "Prior to placing the asphalt concrete
patches, a tack coat of Type SS-1h asphaltic emulsion at a rate not to exceed one —
tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and
P.C.C. surfaces and edges against which asphalt concrete is to be placed."
SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION
303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY
INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS
303 -5.1 Requirements
303 -5.1.1 General. Add to this section, "Sidewalk shall be opened to pedestrian
access on the day following concrete placement. Curb and gutter and cross gutter shall
be opened to vehicle access on the fifth day following concrete placement. In addition,
all forms shall be removed, irrigation systems shall be repaired, and backfill or
patchback shall be placed within 72 hours following concrete placement. Newly poured
P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until
the concrete has cured to a minimum strength of 2,000 psi."
0
303 -5.5 Finishing
• SP 13 OF 14
303 -5.5.2 Curb. Add to this section, 'The Contractor shall install or replace curb
markings that indicate sewer lateral or water valve location on the face of the curb. The
Contractor shall mark the curb with a chiseled "S" for sewer lateral and a chiseled W -X"
for water valve locations. "X" shall indicate the number of feet from the curb face to the
valve. To determine the location of sewer laterals and water services, the Contractor
must call the City's Utilities Superintendent, Mr. Ed Burt, at (949) 718- 3402."
303 -5.5.4 Gutter. Add to this section, 'The Contractor shall hold the flow line
tolerances to within 0.01 feet of those elevations shown on the plan."
SECTION 310 - -- PAINTING
310 -5 PAINTING VARIOUS SURFACES
310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings
310 -5.6.6 Preparation of Existing Surfaces. Modify and amend this section to
read, 'The Contractor shall remove all existing thermoplastic traffic striping and
pavement markings prior to application of slurry seal by a method approved by the
Engineer."
310 -5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to
read, "The Contractor shall perform all layout, alignment, and spotting. The Contractor
shall be responsible for the completeness and accuracy of all layout alignment and
spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment
shown on the plans. The Contractor shall mark or otherwise delineate the new traffic
lanes and pavement markings within 24 hours after the removal or covering of existing
striping or markings. No street shall be without the proper striping over a weekend or
holiday. Stop bars shall not remain unpainted overnight."
310 -5.6.8 Application of Paint. Modify and amend this section to read,
"Painted traffic striping and markings shall be applied in one coat as soon as
possible after the paving and within 24 hours after the finish course has been
placed. In the initial paint application, details 21 and 2 can be painted 2- inches
wide instead of the standard 4 -inch width. In approximately 15 days, the
sprayable reflectorized thermoplastic striping shall be applied at the full standard
width per details on the plans.
Paint for traffic striping and pavement markings shall be white Formula No. 2600A9
Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by
Morton. These paints shall be applied at 15 mils wet.
• SP 14 OF 14
The sprayable reflectorized thermoplastic pavement striping shall not be applied
until the paving has been in place for at least 15 days. The thermoplastic shall be
applied at the thickness and locations as shown on the plans.
If the Contractor fails to perform striping as specified herein, the Contractor shall cease
all contract work until the striping has been properly performed. Such termination of
work shall require the Contractor to re- install "NO PARKING, TOW- AWAY' signs and
re- notify the affected residents, at the Contractor's sole expense. In addition, if the
Contractor removes /covers /damages existing striping and /or raised pavement markers
outside of the work area, he shall re- stripe /replace such work items at no cost to the
City.
The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer,
temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is
more than one lane in any one direction, for more than three consecutive calendar
days. Dependent upon construction phasing, the Engineer may require the Contractor
to apply two applications of paint to maintain adequate delineation on base pavement
surfaces, at no additional cost to the City."
SECTION 312 - -- PAVEMENT MARKER PLACEMENT AND REMOVAL
312 -1 PLACEMENT. Amend this section with,
1. The location of raised pavement fire hydrant marker shall conform to the City of
Newport Beach Standard Plan No. STD - 902 -L.
2. The Contractor shall not replace raised pavement markers until fifteen days
after the application of the pavement or slurry."
PART 4
SECTION 400 - -- ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE,
PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL
400 -2 UNTREATED BASE MATERIALS
400 -2.1 General
400 -2.1.1 Requirements. Add to this section, "The Contractor shall use crushed
aggregate base as base materials."
0
LOCATIONS FOR CURB AND GUTTER REPLACEMENT
VIA LIDO NORD
Address
Quantity
224
24 LF
220/218
50 LF
216
7 LF
756
15 LF
7561760
28 LF
634
27 LF
628
17 LF
340 /Park
34 LF
VIA LIDO SOUD
Address
Quantity
Address
Quantity
915
19 LF
601/605
14 LF
933
18 LF
609
23 LF
815/819
20 LF
403
23 LF
811/813
38 LF
351/353
30 LF
637 -649
125 LF
233/235
8 LF
5271529
49 LF
323/325
22 LF
533 -537
79 LF
@ Via Ithaca
29 LF
507/511
40 LF
Via Rauenna
69.5 LF
517
21 LF
to Via San Remo
208 to 218
85 LF
CATCH BASIN INSERT
(Curb Opening Inlet)
SPECIFYING CHART
"vr
CURB OPENING
MODEL
NO.
2.50'
FF -CI30
3.00'
FF -CI36
3.50'
FF -C142
4.00'
FF -C148
5.00'
FF -CI5.0
6.00'
FF -CI6.0
7.00'
FF -C17.0
8.00'
FF -CIB.0
9.00'
FF -CI9.0
10.00'
FF- CI10.0
12.00'
FF -C112
14.00'
FF-004
21.00'
FF -C121
28.00'
FF -C128
U.S. Patent Number 5,720,574
Curb Opening
Gutter
Optional Trash and (,X /� Flowline
Debris Screen
(See NOTE 6)
'Dual Stage"
Fossil Fitter"'
7 Removeable o;0
Filter Cartridge Expansion
Showing Fossil Rock' Anchor Bolt
Fill Height Detail
(See NOTE 7) (See NOTE 3)
SIDE VIEW
NOTES:
1. Fossil Filter' insert body shall be manufactured from HDPE
plastic or petroleum resistant fiberglass which meets or exceeds
PS 15 -69.
2. Screens, wall brace and insUltion hardware shall be a stainless
steel (Type 304).
3. Insert body shall be secured to wall with 319" x 3" expansion
anchor bolts and washers.
4. Fossil Fitter'" rail sections are available in standard 4'-O" lengths
or custom lengths to fit required curb opening width (see
SPECIFIER CHART).
5. Insert body shall have removable filter cartridges (maximum
length 4'-0" for ease of maintenance).
6. Fossil Filter may be specified (optional) with trash and debris
screens (Optional).
7. Filter medium shall be Fossil Roce installed and maintained in
accordance with manufacturer recommendations.
8. Refer to Manufacturer's recommendations for maintenance program.
FOSSIL FILTER"
"DUAL STAGE"
CATCH BASIN INSERT
(CURB OPENING INLET)
Kri Star Enterprises, Inc., Cotati, CA (900) 579.8819
April 10, 2001
CITY COUNCIL AGENDA
ITEM NO. 6
TO: Mayor and Members of the City Council
FROM: Public Works Department ,� nl fr
AP .� r RUVLD
SUBJECT: VIA LIDO NORD AND SOUD RESURFACING PROJECT - AWARD OF
CONTRACT NO. 3372
RECOMMENDATIONS:
1. Approve the plans and specifications.
2. Award Contract No. 3372 to Ruiz Engineering Company for the Total Bid Price of
$261,017.80, and authorize the Mayor and the City Clerk to execute the contract.
3. Establish an amount of $26,000.00 to cover the cost of unforeseen work.
DISCUSSION:
At 11 A.M on March 29, 2001, the City Clerk opened and read the following bids for this
project:
BIDDER
Low Ruiz Engineering Company
2 R.J. Noble Company
3 Orion Contracting Inc.
4 All American Asphalt
5 Hardy & Harper Inc.
6 Beador Construction Company, Inc.
TOTAL BID AMOUNT
$261,017.80
$279,491.00
$319,200.00
$336,336.36
$345,000.00
$355,000.00
The low total bid amount is 34 percent below the Engineer's Estimate of $397,000.00.
The Engineer's Estimate overestimated the unit cost for street grinding and crack
sealing on the project to account for the potential construction constraints on Lido Isle.
This was apparently not justified as all bidders, including the low bidder, used a
standard unit price for these tasks. A review of the low bid confirms the unit prices are
reasonable and that the project can be constructed per the bid.
The low bidder, Ruiz Engineering Company, possesses a General Contractor's
Classification "A" contractor's license as required by the project specifications. Ruiz
Engineering Company has satisfactorily completed similar projects for the City.
Subject: Via Lido Nord a)JW Resurfacing Project — Award of Contract N*72
April 10, 2001
Page: 2
This project provides for the rehabilitation of existing asphalt concrete by removing and
replacing existing portions of the roadway that exhibit structural failure, grinding
deteriorated asphalt adjacent to the curb, and constructing an asphalt concrete overlay.
The project also includes reconstructing P.C.C. curb and gutter and cross gutters that
have settled and inhibit proper drainage. In addition, two undersized catch basins will be
replaced to facilitate drainage.
There are sufficient funds available in the following account for the work:
Account Description Account Number Amount
PMP Major Maintenance 7281- C5100586 $287,017.80
Respectfully submitted,
�RKS DE ARTMENT
Don Webb, Director
By:
Stephen J. uy, P.E.
Project Manager
Attachment: Project Location Map
Bid Summary
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PUBLIC WORKS. DEPARTMENT
VIA LIDO RESURFACING PROJECT
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i
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
May 8, 2001
All American Asphalt
P.O. Box 2229
Corona, CA 92878 -2229
Gentlemen;
Thank you for your courtesy in submitting a bid for the Via Lido Resurfacing Project
(Contract No. 3372) 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
May 8, 2001
Hardy & Harper Inc.
1312 E. Warner Avenue
Santa Ana, CA 92705
Gentlemen:
Thank you for your courtesy in submitting a bid for the Via Lido Resurfacing Project
(Contract No. 3372) 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
9 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
May 8, 2001
Beador Construction Company, Inc.
P.O. Box 1
Corona del Mar. CA 92625
Gentlemen:
Thank you for your courtesy in submitting a bid for the Via Lido Resurfacing Project
(Contract No. 3372) 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
* J0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
May 8, 2001
Orion Contracting, Inc.
806 E. Avenue Pico, Suite 1 -337
San Clemente, CA 92672
Gentlemen:
Thank you for your courtesy in submitting a bid for the Via Lido Resurfacing Project
(Contract No. 3372) 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,
0 ssa'W, �. � &?W- 'ti�,r
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
0 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
May 8, 2001
R.J. Noble Company
15505 E. Lincoln Avenue
P.O. Box 620
Orange, CA 92856
Gentlemen:
Thank you for your courtesy in submitting a bid for the Via Lido Resurfacing Project
(Contract No. 3372) 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