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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 r 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� f4j' E' paMa4rE � y SEAL G 4 I 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. I>1 a 1pam " lt"16e4 \ • 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 % PC / // L 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 0 0 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 • 0 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. 0 0 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 ri 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 i II � II Y;e ztie /[N ga rftle I rle 1AN7l1 Y/,d /YDI /6P Y/Q tE1't.7 14f I w4 U.✓o/NEII vie �a /EnE Y/e Se,V PfMO Via AOMIMAG I' t- �Yie �crl//o I a i Yre &/feMo J Ind ogY/fT0 Nf1 .4 /fE I _ i YeIWZh7al,f � Ye'zo rl i Yre,,v�� I Y /e, ,/urea I� wa /fuece II no�Aa00NCl I I Y/e CEM� I ri;: i vie E�f/ II ` Y�q of /0// n ine (i�rf /Onrd� � Y/v dvTi I I I Z �R 0' ` it C� ` `1' C� U � G. 1 ti ;W cc J �\ CITY OF NEWPORT BEACH PUBLIC WORKS. DEPARTMENT VIA LIDO RESURFACING PROJECT (C -M72) \ \C1?llSJ AREA OF o ,,, }•/ PAVEMENT RESURFACING 12 rY S7., 11! 13 r" i 7. 14',11 ,1 SrN, ST rx51. J VJ �• c III 19 rN S7 L� 1 -- ti n . !.r 'Joe Ii/ -� Of. DRAWN S APPROVED � Oor !f / d2 �s2 "92 DATE lx -"< ac DRAWING No. Location map V W m O CL W Z O I Z W G Q a W V1 Y V J m M IL Elw N Q p O F U N u 0 0 n � U m � Z U � U _ N U Z O Q N � Q U Q _0 R1 U 0 i z Z U J K O J a O O O � rz g J N W n M M F F Q W O W Z Z m Q O w w U w!-Zw ~ O Z r-c�wa a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 o 0 O 0 0 o 0 0 0 o 0 O o 0 O 0 O 0 o 0 O 0 o O p Z Z 0 O 0 N 0 O O o N o O^ N 000 N N N 0 N O �az O N Nvim rn NY O rn m O U o 0 0 0 0 o 0 0 0 0 Z O O O 0 0 0 0 O N I M O O 0 0 N O O K~ O j N d M d � O O O O O O O O O 0 0 0 0 0 0 O O O O O O O O 4 0 0 0 0 0 O O N 4 0 0 O w O N O N O p O O N O l0 N O N O N m N n m l0 D N d N d O m O^ N O O O N m 4 (n O 0 2 a ^ wa- J N 41 O Z o 0 0 o N o d Lo m m 0000 O O O N O m N N N w N O 0 O O O O O Y iD d O O d -1 O N N -+ N 16 O H 0 N0- m N d m d m ^^ O L'i O O O O O O 00 0 O 0 0 0 0 0 0 0 0 0 o O o 0 0 0 0 o w 0 0 0 0 00 O N O O - O O m Nc0N000 O H oN d O d o o aN w Nd ^�o o CO N ZZ ^ ui i ni O Co vi N 0 N N O ni N -+ r p K 2 W Q lD Z N O Z W 0 0 O O d O -+ N N O O -+ O O O O N O O d d m O N^ N m Q^ 0 0 0 0 go �o ^ c6 0 0o0 0 vm vi 0oo N N N O N n m N m m 0 3 O 0 O O 000 O 0 0 0 0 0 0 SO 0 0 O o 0 0 0 0 O 000000 0 0 o O O O 0 0 0 O o o 0 0 0 0 0 W r 00 0 0 o O o 0 o N o 0 N 0 o O o F Z M O O IO N O N O O N 0 0^ 4^ 0 0 G h N m W N N d d V N N N p H � ^ W a M (n w o 0 0 0 0 0 000 0 0 o o 0 0 Z o 0 0 o N o 0 0 0 0 00 g 0 0 0 00 0 0 �v o ui ri �i vi 000000 O~ Z 0 m 0 o N N O N N N N N N N m O m O 0 W w D v o v W N Z zlz J J J VJ W (n N !n F z W W W J F O O O 0 p O 0 O 0 O O Z-� O m N OOO Q ^ N m N n D m U U Q d a 4 n v w s v s s a - u u u m o U U c n u c c v u c v - m 0 a a oo E v E> of y v « O U C O C O C O ✓� C C O N L C O N N O g wV V V O U La d U y y m V O M U 00 00 Oo M c_ 'N OU N N m ti O m E Oo 0 0 N N U V d N _ > > J 00 N O E ✓ « U O N o m Eo v v v o v a mo o iO v o 0 'D '� m 0 HIM N 2 N U 0: 1T LiN U U K m U V U Q H m r a 2 U Q W `m r z O a W Z 4 O } F— ru F Z W F 4' Q IL w Y d' U J m a jaj a f- VI m I o 0 0w x O U m w 0 6 X U � U _ N U z W O < o U O 0 F3 F W O C. a z Z_ v Q G J G 0 0 Q w H H 0 W < 2 W O W Z Z m < Owr < w U Z W 0 z m O w m a 7. r? U a N m m O V d b a 6 v i z IBM 0 Q � x z 00 o O o 0 0 0 0 0 0 0 0 0 0 0 0 0 O o O O 000 0 0 0 0 0 0 0 z 6m o 0 o 0 000 o o o o o vio 0 0 Z p Z 0. O V O O O m O O O O O O O N w M W N O O W W O N O 0 N 0 O 0 O N O W W m m m O W O O� N W 00 U O M N N ¢ � !- Q M M Z ° ° 0 0 0 0 0 0 0 0 v 0 0 0 0 0 0 0 O O O O 0 0 0 0 0 0 O W O O W O 0 O N O O r 0 V O m O M 0 O O O x M N O ~ m m N h W 00 0 O O O 00 O O 0 0 0 0 0 0 O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 o w o 0 000 0 o w o o o m 0 H O In W C1 w W O O 1 N N W 0 0 m O Z O O O m W V w n m m m, N N N W ¢ a m -+ W O W O << <Q a i m m o 00 0 0 0 0 0 0 0 0 0 0 0 0 0 a 00 �n in m 0 m o 0 0000 < 00 6 0 0 o v-�o 4 .Oom Mi m 0000 m x Z y N y N M N N 00 o O 0 0 000 0 0 0 00 0 0 0 0 O O 0 O 0 0 0 0 0 0 0 0 0 m 00 0 �0 0 0 0 0 0 0 000060 0 1- 0 0 m ro 0 0 0 v W m o Woo o m z m 1� Lq u? W 0 o a o a W W W W io ip M W h m O O m Q N N 0 0 O� N •+ r m Z o— N N ^ N ^' m < < m m m w O O O O O N 0 O O O O O D J J O O m O tO ^ M O O O O O O M < O O 0 O O 0 O � O O O O 00 M 0 O W Q 0 0 0G F zO M W w W W < W Y} Z Z Z Q < m F- 1- W W W J O O O a.. p N O N Omi ^ � M < N E U U j N O a a m E W a o 'p ° U V V U V = = M N NO O O O OU L¢ OU s Y> E W W V V.N V U O � m o o C N N N C N C N O pp C tO m O m G� 'L m C m 2 E N OD o O N, V N H U m y w 5 V 3 E E H 00'00w omo° oiO Es'ow 2 in W 9C W W 4 V N 6 "O .9 ml O E N C E U O E Opp 0.18 0 U I.j K N U < Q Q H d ^ N M V V1 lO r m a 7. r? U a N m m O V d b a 6 v 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