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Home My WebLink AboutC-3448 - Hazel Avenue Pavement Rehabilitation0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC September 24, 2003 Hardy & Harper, Inc. 1312 E. Warner Avenue Santa Ana, CA 92705 Subject: Hazel Avenue Pavement Replacement (C -3448) To Whom It May Concern: On September 24, 2002, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on November 21, 2002. The Surety for the contract is St. Paul Mercury Insurance Company, and the bond number is SS3625. Enclosed is the Faithful Performance Bond. Sincerely, LaVonne M. Harkless, CMC City Clerk cc: Public Works Department R. Gunther, P. E., Construction Engineer enclosure 3300 Newport Boulevard • Post Office Box 1768 � Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 - www.city.newport- beach.ca.us • 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT HAZEL AVENUE PAVEMENT REHABILITATION CONTRACT NO. 3448 , BOND NO. SS3625 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 612.00 - being at the rate of $ 9.40/1000 thousand of the Contract WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Hardy & Harper, Inc., hereinafter designated as the "Principal ", a contract for construction of HAZEL AVENUE PAVEMENT REHABILITATION, Contract No. 3448 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. 3448 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and St. Paul Mercury Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of sixty -five thousand, fifty -three And 851100 Dollars ($65,053.85) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. W 0 0 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 28th day of Hardy & Harper, Inc. (Principal) St.., Paul Mercury Insurance Co. Name of Surety 333 City Blvd. W, Ste.1100 Orange, CA 92868 Address of Surety 714 620 -1200 Telephone i Auth rized Agent Signature Kathleen Maas Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Ocange ss. On .Tune 29 2002 , before me, Christina J. Coleman, Notary Public Dale Name and Title of Officer (e.g., 'Jane Doe, Notary Public') personally appeared Kathleen • ft Place Notary Seal Above U personally to be the personiii whose name() is/mm subscribed to the within instrument and acknowledged to me that PWsheT% executed the same in iz /her /tic authorized capacity*=), and that by kb{her/tlsma signature(Y) on the instrument the person(a), or the entity upon behalf of which the person(s) acted, executed the instrument. WIT S my and and ffi 'aI s al. sfgrah, of dotary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(iii Claimed by Signer Signer's Name: Kathleen Maas 0 Individual Top of thumb here O Corporate Officer— Title(s): O Partner — ❑ Limited ❑ General L) Attorney in Fact 0 Trustee O Guardian or Conservator O Other: Signer Is Representing: St_ Paul Mercury Ins_ Co. O 1999 Nalbvl Npary A,SUia�iM • 9150 Da Solo Ava., P0. Boa NO2 • C�aliwonn, GA 91J112W2 • www.roiwuNwWry,op PeA. No. 5907 fee cac Gall TdbF,aa 1.Boe.076�6617 1heStFaul Power of Attorney No. '• POWER OF ATTORNEY Seaboard Surety Company St. Paul Fire and Marine Insurance Company SL Pau! Guardian Insurance Company St. Paul Mercury Insurance Company 20675 United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Certificate No. 1355057 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint H. 7. Dueck, Dwight Reilly, Christopher S. Hopper, Claudette N. Martin and Kathleen E. Maas of the City of Upland , State California , their one and lawful Attomey(s) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required orpei$utted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instmment;to0e signed.an'3'sealed`this' ` 1st day of December 1999 Seaboard Surety Company ` '' - :.Ym ° '-t united'States Fidelity and Guaranty Company St. Paul Fire and Marine Insurancaompanx a, a Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance Com��ny1„i- a 'iy +" ` 53 Fidelity and Guaranty Insurance Underwriters, Inc. SL Paul Mercury Insurance Compauy 4- ��` swerr JtRF olt iMSq °`,P t' r'a.'x� as �' SEAL ^ ^t i \s8EL; /e '(.4F m is:rM State of Maryland City of Baltimore .�h t 1977 I ® JOHN F. PHINNEY, Vice President THOMAS E. HUIBREGTSF, Assistant Secretary On this lst day of December 1999 , before me, the undersigned officer, personally appeared John E Phinney and Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 13th day of July, 2002. 86203 Rev. 7 -2000 Printed in U.S.A. a REBECCA EASLEY -ONOKALA, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2, 1999, which resolutions are now in full force and effect, reading as follows: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instmmeats relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attomey(s) -in -Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the time and on behalf of the Company, either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the sea] of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s) -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached; and RESOLVED FURTHER, that Atomey(s) -in -Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s) -in -Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. 1, Thomas E. Huibregtse, Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I hereunto set my hand this 28th day of June , 2002 :u¢)Y Ta g'r kite 0 'ri i `m llx3'w^' a�.^ dy, ys� ' 7927 ,',seacJ t ;.SEAL:;' ^gr rase t� To verify the authenticity of this Power of Attorne , call l- 800- 421,MAiind aslwjoathi+e�PaY&ap o, the above -named individuals and the details of the bond to whiclthe pork i�attachek\ r V1- 7957 00000 Thomas E. Fu ibregtse, Assistant Secretary 1k clerk. Please refer to the Power ofAttorney number, i 9 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange I ss. On July 10, 2002 before me, Kristen S. Paulino, Notary Public Data Name and idle of Officer (e.g., 'Jane Doe, Notary Public') personally appeared Steve Kirschner ' Name(s) of signer(s) E9 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personN) whose name's) isPSX subscribed to the within instrument and acknowledged to me that hel i k* executed the same in his /"X"K authorized capacity(PW, and that by hislaUEVY& signature(X) on the instrument the person(ip, or the entity upon behalf of which the person() acted, executed the instrument. WITNESS my official seal. Place Notary Seal Above 11 / /Sign r.,, or Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Faithful Performance Bond Document Date: June 28, 2002 Number of Pages: Signer(s) Other Than Named Above: Kathleen Maas Capacity(ies) Claimed by Signer Signer's Name: Steve Kirschner ❑ Individual J Corporate Officer— Title(s): Vice President Partner — G Limited General Attorney in Fact W Trustee Guardian or Conservator Other: Signer Is Representing; Hardy &Hardy & Harper, Inc. RIGRTTRUMBPRINT OF SIGNER 01999 National .Vamry ASSOCIanao • 5350 D. Sao Ave., P.O. Box 2402 • Chatswonn. CA 91313.2,02 • v w ndlenamotaryotg Prod. No. 5907 neomen Call TdwFe, 1-800.876.6027 KRISTEN S. PAULINO w COMM. #1220116 1 X. NOTARY PUBUC•CAUFORNIA.o ORANGE COUNP/ ro My Comm. Exp. May 20, 2003 to be the personN) whose name's) isPSX subscribed to the within instrument and acknowledged to me that hel i k* executed the same in his /"X"K authorized capacity(PW, and that by hislaUEVY& signature(X) on the instrument the person(ip, or the entity upon behalf of which the person() acted, executed the instrument. WITNESS my official seal. Place Notary Seal Above 11 / /Sign r.,, or Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Faithful Performance Bond Document Date: June 28, 2002 Number of Pages: Signer(s) Other Than Named Above: Kathleen Maas Capacity(ies) Claimed by Signer Signer's Name: Steve Kirschner ❑ Individual J Corporate Officer— Title(s): Vice President Partner — G Limited General Attorney in Fact W Trustee Guardian or Conservator Other: Signer Is Representing; Hardy &Hardy & Harper, Inc. RIGRTTRUMBPRINT OF SIGNER 01999 National .Vamry ASSOCIanao • 5350 D. Sao Ave., P.O. Box 2402 • Chatswonn. CA 91313.2,02 • v w ndlenamotaryotg Prod. No. 5907 neomen Call TdwFe, 1-800.876.6027 CRY OF NEWPORAEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 November 21, 2002 Hardy & Harper, Inc. 1312 E. Warner Avenue Santa Ana, CA 92705 Subject: Hazel Avenue Pavement Rehabilitation (C -3348) To Whom It May Concern: On September 24, 2002, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on October 17, 2002, Reference No. 20020896581. The Surety for the contract is St. Paul Mercury Insurance Company, and the bond number is SS3625. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk cc: Public Works Department R. Gunther, P.E., Construction Engineer encl. 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT HAZEL AVENUE PAVEMENT REHABILITATION PREMIUM $ 612.00 CONTRACT NO. 3448 BOND NO. SS3625 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Hardy & Harper, Inc., hereinafter designated as the 'Principal,' a contract for construction of HAZEL AVENUE PAVEMENT REHABILITATION, Contract No. •3448 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of-Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3448 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principar's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work Dr labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, we the undersigned Principal, and, St Paul Mercury Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport. Beach, in the sum of sixty -five thousand, frfty -three and 851100 Dollars ($65,053.65) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that If the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 26 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 at Seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 28th day of Hardy & Harper, Inc. (Principal) St. Paul Mercury Insurance Company Name of Surety 333 City Blvd. W, Ste. 1100 Orange, CA 92868 Address of Surety 714 620 -1200 Telephone Auth rued Agent Signatuni Kathleen Maas Attorney -in -Fact Print Name and Tale NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange I ss. On .T_ nnp 2R 20n2 , before me, Christina J. Coleman, Notary Public Dale Name am Title of DRrcer (e.q.. -Jam Doe. Notary Public) personally appeared Kathleen Naas M7 aL. ,RIO W .. Place Notary Seal Above ICI .ae to be the personja) whose name(s) ism subscribed to the within instrument and acknowledged to me that PUgheRM9y executed the same in lida /her /tltrxio[ authorized capacityjiss), and that by tblherM2ais signature(s) on the instrument the person(so, or the entity upon behalf of which the person(s) acted, executed the instrument. WITNES my and and official seal. SlpnnN / rotary NbBe 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 or 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(Ilaq Signer's Name: ❑ Individual ❑ Corporate O ❑ Partner — U Attorney in ❑ Trustee ❑ Guardian or ❑ Other: Claimed by Signer Kathleen Maas Top of thumb here fficer — Title(s): ❑ Limited ❑ General Fact Conservator Signer Is Representing: St. Paul Mercury Ins. Co. 1 J Oleea NelNWNO Meoue -VZISeNe Are..P.O Pme. W. 5901 IYwdr WT.e "14ow"M 7heStFaul POWER OF ATTORNEY Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company United Slates Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Power of Attorney No. 20675 Certificate No. 1355058 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland. and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters. Inc. is a corporation duly organized under the laws of the State of Wisconsin therein collectively called the "Companies "l. and that the Companies do hereby make, constitute and appoint H. J. Dueck, Dwight Reilly, Christopher S. Hopper, Claudette N. Martin and Kathleen E. Maas of the City of Upland , State California , their true and lawful Attomey(s) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons. guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and sealed this lst day of December 1949 Seaboard Surety Company United States Fidelity and Guaranty Company St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Company vrcn vlrra� :.±,.1•s�o �.:.,..,. c�'ro 051 vO 1927 r'\3XKL•'i tom® JOHN F. PHINNEY, Vice Resident State of Maryland City of Baltimore THOMAS E. HUIBREGTSE, Assistant Secretary On this 1st day of December 1999 , before me, the undersigned officer, personally appeared John F. Phinney and Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surely Company, St. Paul Fire and Marine Insurance Company, SL Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters. Inc.: and that the seals affixed to the foregoing instrument are the corporate seals of Said Companies: and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. �,uoP�Fr In Witness Whereof, I hereunto set my hand and official seal q�,eT'u7Y Pr �C My Commission expires the 13th day of July, 2002. �r,� 86203 Rev. 7 -2000 Printed in U.S.A. REBECCA EASLEY- ONOKALA, Notary Public 9 • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California I ss. County of Orange On July 10, 2002 before me, Kristen S. Paulino, Notary Public Dale Name and The of Officer (e.g.. 'Jane Doe. Notary Public) personally appeared Steve Kirschner KRISTEN S. PAUUNO COMM. *1220116 NOTARY PU8UC•CAIIFORNM, ORANGE COUNV Comm. UP. Uq 20, 2003 personally known to me proved to me on the basis of satisfactory evidence to be the persort* whose nam6o iskliW subscribed to the within instrument and acknowledged to me that heIXIMORK4 executed the same in hisM9AtXNIX authorized capacity0 M){ and that by his /WXV" signatureK) on the instrument the personX, or the entity upon behalf of which the personX acted, executed the instrument. WITNESS my hand and official seal. 6�Alc�, Plata Notary seal Above If Synelura of Nolary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Labor and Materials Payment Bond Document Date: June 28, 2002 Signer(s) Other Than Named Above: Kathleen Maas Capacity(ies) Claimed by Signer Signer's Name: Steve Kirschner ❑ Individual XX Corporate Officer— Title(s): Vice President ❑ Partner —❑ Limited � General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Hardy & Harper, Inc. Number of Pages: 2 RIGHT THUMBPRINT OF SIGNER 01999N~@1 Nobu,AVrJe9m.935o O*S,*Ma.. P.O. 8 2402•CAMaxo01. CA913132b2•www.ref,r k."ry P,p9. No. M7 Rawam:C TeFFree 1-0W8T1dB2) 9 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in Official Records, County of Orange Darlene Bloom, Interim Clerk- Recorder III( Il IIIIIIII!! IIIIIIIl Il IIIi111111111111111111111111111N0 FEE 2002089658109:50am 10117102 123 3 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Govemment Code -Section 6103" NOTICE OF COMPLETION 0 �nPl NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Hardy and Harper, Inc. of Santa Ana, California, as Contractor, entered into a Contract on June 25, 2002. Said Contract set forth certain improvements, as follows: Hazel Avenue Pavement Rehabilitation (C -3448) Work on said Contract was completed on August 30, 2002, and was found to be acceptable on September 24, 2002, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is St. Paul Mercury Insurance Company. ON " U , ¢ m ON lic rks Director C__1 City csT Newport Beach P VERIFICATION O I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. rr- Executed on _,elXC�✓ S o2C�� at Newport Beach, California. BY City Clerk or CI'Y OF NEWPORT 1EACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 September 25, 2002 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for Beacon Bay Sewer Main Replacement (C -3277) Notice of Completion for Balboa Island Pavement Rehabilitation and Water Main Replacement (C -3397) Notice of Completion for Hazel Avenue Pavement Rehabilitation (C -3448) Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk Enclosures 3300 Newport Boulevard, Newport Beach 0 9 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt rom recording ees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Hardy and Harper, Inc. of Santa Ana, California, as Contractor, entered into a Contract on June 25, 2002. Said Contract set forth certain improvements, as follows: Hazel Avenue Pavement Rehabilitation (C -3448) Work on said Contract was completed on August 30, 2002, and was found to be acceptable on September 24, 2002, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is St. Paul Mercury Insurance Company. IS66Iic rks Director City dT Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. / Executed on �Q( �— a& at Newport Beach, California. i i AV LJ TO: Mayor and Members of the City Council FROM: Public Works Department September 24, 2002 CITY COUNCIL AGENDA ITEM NO. 15 SUBJECT: HAZEL AVENUE PAVEMENT REHABILITATION, CONTRACT NO 3448 — COMPLETION AND ACCEPTANCE RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. SEP 2 !i 1002 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. 5. Approve a Budget Amendment appropriating $15,739.99 from the Measure M Tumback Fund balance to Account No. 7281- C5100639 for this project. DISCUSSION: On June 25, 2002, the City Council authorized the award of the Hazel Avenue Pavement Rehabilitation contract to Hardy and Harper, Inc., of Santa Ana, California. The contract provided for the reconstruction of portions of deteriorated roadway, the grinding and overlaying other portions of roadway, construction of a gutter and a cross gutter, construction of access ramps, and replacement of uplifted curb and gutter. 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: $65,053.85 Actual amount of bid items constructed: 87,293.84 Total amount of change orders: 0.00 Final contract cost: $87,293.84 The increase in the amount of actual bid items constructed over the original bid amount resulted from an error in the quantity estimated for the asphalt bid item. No change orders were issued for the project. The final overall construction cost was 34.19 percent over the original bid amount. r SL SUBJECT: HAZEL AVENUE MENT REHABILITATION, CONTRACT NO 3446 - •u1PLETION AND ACCEPTANCE: September 24, 2002 Page 2 Funds for the project were expended in the following account: Description Account No. Amount Measure M Tumback 7281- C5100639 $87,293.84 All work was completed on August 30, 2002, the scheduled completion date. Respectfully IC'WORKS DEPARTMENT en G. Badum, Director By: e (<� t� R. Gunther, P.E. Construction Engineer W of Newport Beach 9 BUDGET AMENDMENT 2002 -03 EFFECT ON BUDGETARY FUND BALANCE: Description Division Number Increase Revenue Estimates Account X C5100639 Major Maintenace Pavement Overlay Increase Expenditure Appropriations Number Account Transfer Budget Appropriations SOURCE: Division Number Account from existing budget appropriations PX Number from additional estimated revenues Account Number from unappropriated fund balance EXPLANATION: NO. BA- 013 AMOUNT: $15,739.99 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expenditure appropriations related to the Hazel Avenue Pavement Rehabilitation Project, C -3448. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 280 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Measure M Fund Balance Description Signed: Signed: Signed: City Council Approval: City Clerk Amount Debit Credit $15,739.99 Automatic $15,739.99 Date to Date Description Division Number 7281 Measure M Tumback Account Number C5100639 Major Maintenace Pavement Overlay Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: City Council Approval: City Clerk Amount Debit Credit $15,739.99 Automatic $15,739.99 Date to Date qty of Newport Beach BUDGET AMENDMENT 2002 -03 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: NO. BA- 013 AMOUNT: 515,739.99 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: SEP z AU2 To increase expenditure appropriations related to the Hazel Avenue Pavement Rehabilitation Project, C -3448. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 280 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Measure M Fund Balance Description Signed: Signed: Signed: City Council Approval: City Clerk Amount Debit Credit $15,739.99 ' $15,739.99 T Date to Date Description Division Number 7281 Measure M Tumback Account Number C5100639 Major Maintenace Pavement Overlay Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: City Council Approval: City Clerk Amount Debit Credit $15,739.99 ' $15,739.99 T Date to Date 0 0 CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 11:00 a.m. on the thirteenth day of June 2002, at which time such bids shall be opened and read for HAZEL AVENUE PAVEMENT REHABILITATION Title of Project Contract No. 3448 $65.000.00 Engineer's Estimate . o ten G. Badum Works Director ON-4 ADO �0 6m- Jed \ \ Js \P Cost of Plans and Specs $ 10.00 Prospective bidders may obtain one set of bid documents at actual cost at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: "A" For further information, call Stephen J. Luv, Project Manager at (949) 644 -3330 0 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT HAZEL AVENUE PAVEMENT REHABILITATION CONTRACT NO. 3448 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND ............................................................................... ..............................5 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ......................................................... .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA ........................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER .............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL..................... :......................................................................................... PR -1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 E 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT HAZEL AVENUE PAVEMENT REHABILITATION CONTRACT NO. 3448 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES 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. The successful bidder's security shall be held until the Contract is executed. Bidders' security shall be returned to unsuccessful bidders within a reasonable time not to exceed 60 calendar days after the successful bidder has signed the Contract. 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 0 0 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. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. 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. 215952 Class A Contractor's License No. S Classification Hardy k Ha,_mar, Inc Bidder Authorized Sfgnaty,e/Title Steve KirschnenVice President June 12,2002 Date 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT. HAZEL AVENUE PAVEMENT REHABILITATION CONTRACT NO. 3448 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 principalo m Of of e Dollars ($ 1 u i , to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of HAZEL AVENUE PAVEMENT REHABILITATION, Contract No. 3448 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 and provide the required original Insurance documents for the construction of the project within thirty (30) days (not including Saturday, Sunday, and federal holidays) after the date of the mailing of "Notification 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 6th day of Hardy & Harper, Inc. % Name of Contractor (Principal) u on Si ture/ T'rt e Steve Yc sc Vice President Name Paul Mercury Ins. Co. =ju Name of Surety A orized Agent Sipnatu 333 City Blvd., W. Suite #1100 Orange, CA 92868 Kathleen Maas - Attorney -in -Fact Address of Surety Print Name and Title (714) 221 -5200 Telephone (Notary acknowledgment of Principal & Surety must be attached) 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange I SS. 0 On June 6, 2002 , before me, Christina J. Coleman, Notary Public Date Name and TAle of Officer (e.g.. 'Jam Doe, Notary PubW) personally appeared Kathleen Maas Le MA ! OnMAj r Place Notary Seal Above e'. n'<. r.. , >.<c. �.'.. . <e. +tea: +� .<ya• . .: >:. ,<ee, to be the person* whose name(s) is/A= subscribed to the within instrument and acknowledged to me that 11116sheARAy executed the same in Ilia /her /t min authorized capacity*=), and that by *jWher/lbodi signature(j) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. OPTIONAL hand and SignaNre Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(bW4 Claimed by Signer Signer's Name: Kathleen Maas ❑ Individual • Corporate Officer —Title(s): _ • Partner — ❑ Limited ❑ General L Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: St. Paul Meralry Ins. Co. Number of Pages: RIGHT THUMBPRINT OF SIGNER ,INN 0 1999 National Wa, A6t lion • 9350 DB $010 AV .. P.O. Boa 2402 • CS An , CA 91 31114 0 2 • wxw.ruaon '.n`..M Pr00. N0. 5907 n09,dar: Call Td1.Free 1.e0Qe7e 7 meStPAul MW POWER OF ATTORNEY 1W �q Seaboard Surety Company United Stales Fidelity and Guaranty Company St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Company Power of Attorney No. 20675 % (� 1 -7 Certificate No. T �- , t" KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and SL Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint H. J. Dueck, Dwight Reilly, Christopher S. Hopper, Claudette N. Martin and Kathleen E. Maas Upland California of the City of , State , their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and scaled this 1st day of December 1999 Seaboard Surety Company United States Fidelity and Guaranty Company St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. S[. Paul Mercury Insurance Company ers 01- .e rAffi '�saEL,i a 1N6 78%7 l JOHN F. PHINNHY. Vice President ° ei — :m \SE Axa� State of Maryland / City of Baltimore THOMAS E. HUIBREGTSE. Assistant Secretary On this 1st day of December 1 1999 , before me, the undersigned officer, personally appeared John E Phinney and Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. In Witness Whereof, I hereunto set my hand and official seal a p�Y My Commission expires the 13th day of July, 2(H12. 20 REBECCA BASLEY- ONOKALA, Notary Public Ar crt `P 86203 Rev. 7 -2000 Printed in U.S.A. This Power of Attorney k granted under and by the authority of the following resolutions adopted by the Hoards of Directors of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2, 1998, which resolutions are now in full force and effect, reading as follows: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instmmems relating to said business may be signed. executed, and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on hehalf of the Company, either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary . under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorey(s) -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and .subject to any limitations set forth therein. any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached; and RESOLVED FURTHER, that Attomey(s) -in -Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s) -in -Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company, I, Thomas E. Huibregtse, Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies whici is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I hereunto set my hand this 61th day of June 2002 ,. em q r S 192 �ac,..o „sr''K ,5 . i `z IM ' o'wtm Lam' F se aa,>c 1 saxr. Less 1977 1951 assn .' rtym e�y y Z Thomas F. uibregise. ssctant_ecremry To verify the authenticity of this Power of Attorney, call 1- 800 -421 -3880 and ask for the Power of Attorney clerk. Please refer to the Power of Aftornev number, the above -named individuals and the details of the bond to which the power is attached. 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss. County of II On flb 13 I'll —before me, lS+le t 9, Q L� Data A Name and Title o Officer (ii .'Jal ') Doe, Notary Publi rrl w 1 personally appeared KRISTEN S. PAULINO COMM. 111220116 NOTARY CALIFORNIA 3 ORANGE CO Comm. Up. May 20. 2003 &personally known to me ❑ proved to me on the basis of satisfactory evidence to be the persoplie) whose narl Is subscribed to the within instrument and acknowledged to me tha <9"y executed the same in (ahi authorized capacity(ijj'll'), and that by ii /tagr /t it signature(,k)on the instrument the person( or the entity upon behalf of which the pers acted, executed the instrument. WITNESS my hand an_d official ` seal. �1�/ Place Notary Seal Above `' gnature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document I Title or Type of Document: 1 Document Date: 0 b In V I f a --2- Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed b Signer _ f Signer's Name: C Individual `1 _ T., or tnumb here r Corporate Officer — Title(s): Jt Ce. trC.�10�.4 ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer Is Representing' 0 n993 National Notary Ar iation • 9350 De Soto Ave.. P.O. Ban 2402 • Chatswonq CA 913132402 • wwn.nationalnotariong Prod No, Siva Reader Call Tali IBM- 8766827 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT HAZEL AVENUE PAVEMENT REHABILITATION CONTRACT NO. 3448 DESIGNATION OF SUBCONTRACTORS) 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. (Use additional sheets if needed) Subcontractor's Name, Bid Description of Work Percent of Address, Telephone # Item Total Bid Number lifornia Paving Fabri pavement fabric 2300 Barney St erson, CA 96007 4 range County Striping 183 N. Pixley Orange, CA 92868 13 Striping Pavenent Recycling Sys. 121 N. Main Street Riverside, CA 92502 3 grinding Hardy & Harper, Inc Bidder Ai a urelTitle schrner Vice President 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT HAZEL AVENUE PAVEMENT REHABILITATION CONTRACT NO. 3448 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name Hardy & Harper Inc FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number Annual asphalt and concrete maintenance and repair Project Description asphalt and concrete Approximate Construction Dates: From 1989 To: Drent Agency Name Capistrano Unified School District Contact Person Mark Bauer Telephone (949) 489 -7295 Original Contract Amount $Lca oDn Final Contract Amount $ nrn nnn nn aim por avg per yr If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. tI 0 9 No. 2 Project Name /Number City of Yorba Linda annual contract Project Description annual asphalt and concrete maintenance and repair Approximate Construction Dates: From 1990 Agency Name City of Yorba Linda Contact PersorPck Baecker To: Present Telephone (711 961 -7170 Original Contract Amount $ 300, OOOFinal Contract Amount $ avg 300, 000.00 per Yr If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO No. 3 Project Name /Number Saddleback Valley LED Annual maintenance contract Project Description asphalt and concrete maintenance and repair Approximate Construction Dates: From 1990 2001 Agency Name Saddleback Valley Unified School District Contact Person Charles sutler Telephone (947 580 -3253 Original Contract Amount $250,OOO-Final Contract Amount $avg 250,000.00 per yr If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Q 0 0 No. 4 Project Name /Number City of MiGsinn Viejo annn =1 rrniract Project Description annual asphalt and concrete maintenance k repair Approximate Construction Dates: From 1992 To: present Agency Name City of Mission Viejo Contact Persopm Alin Telephone (949) 470 -3000 Original Contract Amount $ 200, 000 Final Contract Amount $ avcr 200 000 00 per Yr If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name /Number Annual maintenance contract Project Description annual asphalt and concrete manitenance and repair Approximate Construction Dates: From 1997 To: present Agency NameCity of Rancho Palos Verdes Contact Person Dean Allison Telephone (310) 541 -6500 Original Contract Amount $ 300,000 Final Contract Amount $ av 300, 000.00 per yr If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 9 0 No. 6 Project Name /Number Annual maintenance contract Project Description asphalt and concrete maintenance and repair Approximate Construction Dates: From 1999 Agency Name County of Orange To: Present Contact Person Bob Whitting Telephone (714) 567 -6253 Original Contract Amount $__100, OOOFinal Contract Amount $ avg 700, 000.00 per yr If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Corjt�ractor's current financial conditions. �X __ // Hadry & Harper, Inc Bidder 10 - Vice President • C� CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT HAZEL AVENUE PAVEMENT REHABILITATION CONTRACT NO. 3448 NON - COLLUSION AFFIDAVIT State of California ) ) SS. County of orange ) Steve Kirschner being first duly sworn, deposes and says that he or she is vice President of Hardy & Hamer Inc , the parry 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 fate of alifornia that the foregoing is true and correct. Hardy & Harper, Inc Bidder ruthorEEWSighaturefTitle Steve Kirschner - Vice President Subscribed and swom to before me this 13 TH day of June '2002. [SEAL] tary Public My Commission Expires: �% o2w/ KRISTEN S. PAULINO COMM. #1220115 NOTARY PUSUC- CAUFORNIA ; ORANGE COUNTX Comm. Ex .'M 20, 2003 11 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT HAZEL AVENUE PAVEMENT REHABILITATION CONTRACT NO. 3448 DESIGNATION OF SURETIES Bidders name Hardy & Harper Inc Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond type): Insurance agent= Crosby Inurance 8181 Kaiser Blvd Anaheim Hills, CA 92808 (714) 221 -5200 Insurance cony = St Paul Mercury Insuance Conpany 12 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT HAZEL AVENUE PAVEMENT REHABILITATION CONTRACT NO. 3448 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name Hardy & Harper Inc Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Current Record Record Record Record Record Yearof for for for for for Record 2001 2000 1999 1998 1997 Total 2002 No. of contracts 900 1052 1062 1041 1118 797 5,970 Total dollar Amount of 63,148, Contracts (in 12,168, 14,790, 10,293, 10,4521 8,9393, 6,506, 181.00 Thousands of $) 000.00 000.00 000.00 )00,00 000.00 No. of fatalities -0- -0- No. of lost Workday Cases 1 1 2 2 -0- 6 No. of lost workday cases involving permanent -0- -0- -0- -0- -0- -0- -0- transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 0 0 Legal Business Name of Bidder Hardy &Harper, Inc Business Address: 312 E. warner Ave Santa Ana, CA 92705 Business Tel. No.: (714) 444 -1851 State Contractor's License No. and Classification: 215952 Class A Title Asphalt Paving Contractor The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of C, bidder Date ,Tina Title ste-N Signature ofl 11-� Date dune 13,2002 Title yri si-en -q pa ll! ino rnr csatg sgcret =• Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a. partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California J ss. County of �J( personally appeared KRISTEN S. PAWNO comes #2220116 '1r NOTARY PUBLIC•CAUFORIGA ORANGE COUMN my Comm. EzO. May 20.2003 personally known to me proved to me on the basis of satisfactory evidence to be the persorIX whose name(Go& subscribed to the within instrument and acknowledged to me that *e /Wy executed the same in (jD* /Wr authorized capacityeeeA), and that by (9 /Wr /t[j?in signature*�)on the instrument the person( or the entity upon behalf of which the person acted, executed the instrument. WITNE13S my hand and ci seal. Place Notary Seal Above ' Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document!!� Title or Type of Document: Ik.1?+9S1+- Document Date: Signer(s) Other Than Named Above: Number of Pages: I Capacity(ies) Claimed b9y Signer y Signer's Name:A�-2 ❑ Individual J L Top of thumb here 6 Corporate Officer — Title(s): V l CQC�l• 7 U Partner — ❑ Limited ❑ General ❑ Attorney in Fact C Trustee C-1 Guardian or Conservator r' nrr,o. Signer Is Representing: 0 1999 National Notary Association • 9250 Re Solo Ave., P.O. Box 2402 • Chrevearll, CA 91313 -2402 • w,a,a re icralnolary.oq Pral No 5907 Reorder. Call Tolli 1.800.8]6 -662] 0 0 ceuFORN1A ALL - PURPOSE ACKNOWLEDGMENT State of California County of I ss. On June 13,2002 ,before me, Christina J. coleman, Notary Public Date Name aM T91e of officer (e.g.. Lam Doe, Notary Pubte) personally appeared Kcisten S. Paul-into , Names) ) 04 0 5) CHRISTINA J. COLEMAN _ Commission # 1250554 Notary Public - CalffaNa Orange County My Comm. Btrikes Jan 18,2M4 Place Notary seal Above L personally to be the person* whose name(s) ishomr subscribed to the within instrument and acknowledged to me that PlAlsheA%Yy executed the same in his/her /theior authorized capacity*=), and that by Thpdher/ibeoa signature(,t) on the instrument the person(;), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNES my h nd and official seal. sigmture ICY ry Public OPTIONAL Though the information below is not required by law, H 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(I Claimed by Sioner Signer's Name: • Individual Top of thumb here • Corporate Officer— Title(s): ❑ Partner —❑ Limited ❑ General Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 WSOiW Nowt' AaaaSOn • 9350 N saW A... P.O. B 2W . ctua x . CA 913132 52. e-- re5om9iohI. Roe. No. 5907 Raore•r W Ttl -F,•e 1 00be]6892I 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT HAZEL AVENUE PAVEMENT REHABILITATION CONTRACT NO. 3448 ACKNOWLEDGEMENT OF ADDENDA Bidders name Hardy & Harepr, Inc The bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Signature is 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT HAZEL AVENUE PAVEMENT REHABILITATION CONTRACT NO. 3448 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: Hardy & Harper, Inc Business Address: 1312E warner Ave Santa Ana CA 92705 Telephone and Fax Number: Telephone (714) 444 -1851 Fax (714) 444 -2801 California State Contractors License No. and Class: 215952 Class A (REQUIRED AT TIME OF AWARD) Original Date Issued: Mar- 1963 Expiration Date: December 31, 2003 List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: Corey Kirschner - Estimator The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Fred T Maas Jr - President Treasurer 1319 F Warner Ave 4anra Ana r CA 927705 (714) 444 -1851 Corporation organized under the laws of the State of caiifornja 16 0 0 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: HARDY & HARPER, INC For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; NONE Briefly summarize the parties' claims and defenses; N(N�1F' Have you ever had a contract terminated by the owner /agency? If so, explain. NONE Have you ever failed to complete a project? If so, explain. NO For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labo compliance (Le. failure to pay prevailing wage, falsifying certified payrolls, etc.) ?Yes F to Are any claims or actions unresolved or outstanding? Yes No 17 If yes to any of the above, explain. (Attach additional sheets, if necessary) NO Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. __a R, MR__'T (Print name of Owner or President Vice President Title ime 13, 2002 Date Subscribed and sworn to before me this 13TH day of June 2002. [SEAL] IN CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT HAZEL AVENUE PAVEMENT REHABILITATION CONTRACT NO. 3448 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • 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. Original 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 Public Works Department within ten (10) working days after the date shown on the Notification 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. 19 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT HAZEL AVENUE PAVEMENT REHABILITATION CONTRACT NO. 3448 CONTRACT THIS AGREEMENT, entered into this _ day of , 2002, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Hardy & Harper, Inc., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: HAZEL AVENUE PAVEMENT REHABILITATION Project Description 3448 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. 3448, 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. 20 9 0 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 sixty -five thousand, fifty -three and 85/100 Dollars ($65,053.85). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Stephen J. Luy (949) 6443330 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: HARDY & HARPER. INC. 1312 E. Warner Avenue Santa Ana, CA 92705 (714) 4441851 (714) 4442801 Fax 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 original 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 21 0 0 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 0002 (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 0002 0287 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. 22 0 10 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, agents, 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, agents, 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, agents, 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. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 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 23 amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 • K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. CITY CLERK :•- .- 25 CITY OF NEWPORT BEACH A Municipal Corporation By: Mayor VICE PRESIDENT ACORD CERTIFICAT OF LIABILITY INSUM CIE oypm C DATE(MM /DDNY) Y M 06/30/02 PRODUCER THIS CERTIFICATE IS IMED AS A MATTER OF INFORMATION Crosby Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE C. Hopper Ins . Service, Inc. '-' ° 8181 E. KAISER BLVD. ER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR LT R THE COVERAGE AFFORDED BY THE POLICIES BELOW. DATE MMIDDIYY E �ATEYMM/DD/YY N ANAHEIM HILLS CA 92808 Phone: 714- 221 -5200 Fax: 714 -221 5210 GENERAL LIABILITY INSURERS AFFORDING COVERAGE INSURED INSURE A: Starnet Insurance Company I RE B: Great American Ins. Co. X COMMERCIAL GENERAL LIABILITY Hardy S Harper, Inc. t,ne_tlNSURE 07/01/02 c STATE COMPENSATION INS.FUND INSURER D: _- 1312 East Warner Avenue - Santa Ana CA 92705 INSURER E: CLAIMS MADE a OCCUR 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. LTR TYPE OF INSURANCE POLICY NUMBER DATE MMIDDIYY E �ATEYMM/DD/YY N LIMITS AU H R ESENTATIVE GENERAL LIABILITY EACH OCCURRENCE $1,000,000 • X COMMERCIAL GENERAL LIABILITY 2SMCC2CPP018704 07/01/02 07/01/03 FIRE DAMAGE (Any metire) $300,000 CLAIMS MADE a OCCUR MED EXP (Any one person) $10,000 PERSONAL S ADV INJURY $1,000,000 • XCU Hazard • Blkt Contractual GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $2,000,000 POLICY r X7 PRO- JECT • AUTOMOBILE LULBILITY ANY AUTO 2SMCC2BAU017304 07/01/02 07/01/03 COMBINED SINGLE LIMIT (Ee accidenrt) $ 1 000 000 r r X BODILY INJURY (Per person) $ X ALL OWNED AUTOS SCHEDULED AUTOS X X BODILY INJURY (Per eo:Jdent) $ HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EAACC $ ANY AUTO $ AUTO ONLY: AGO EXCESS LIABILITY EACH OCCURRENCE $5,000,000 B X OCCUR F�CLAIMSMADE TUE5950069 07/01/02 07/01/03 AGGREGATE $5,000,000 $ $ DEDUCTIBLE $ RETENTION $ `, WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 6653019 -02 UNION 07/01/02 07/01/03 X TORY LIMBS I ER E.L. EACH ACCIDENT $1000000 E.L. DISEASE- EA9MPLOVEE $ 1000000 7653019 -02 NON -UNION E.L. DISEASE - POLICY LIMIT $1000000 OTHER A Leased /Rented 2SMCC2CPP018704 07/01/02 07/01/03 $250,000 per item Equipme nt$2500 ded $250,000 per occ DESCRIPTION OF OPERATIONSILOCAMONSIVEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS *Ten Day Notice of Cancellation will be given for Non - Payment of Premium and or Non - Reporting of Payroll* Re: Hazel Ave. Pavement Rehabilitation - Contract No. 3448. City of Newport Beach, its officers, agents, officials, employees and volunteers are added as additional insured per the attached endorsements. ( AUTO /GLAI)(SEPOFINS)(WAIVER- WC)(X) CERTIFICATE HOLDER I Y I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION NEWPOR9 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL J" ^`AMQ %M MAIL *30 DAYSWRITTEN City of Newport Beach Public Works Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Stephen J. Luy 3300 Newport Blvd. AU H R ESENTATIVE Newport Beach CA 92663 ACORD 25S (7197) 0 CArDCORPORATION 7988 POLICY NUMBER:2SMCC2CPP018704 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNER, LESSESS OR CONTRACTORS - (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of Newport Beach, its officers, agents, officials, employees and volunteers RE: Hazel Avenue Pavement Rehabilitation — Contract No. 3448 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of 'your work' for that insured by or for you. "It is agreed that such insurance as is afforded by this policy for the benefit of the additional insured shown shall be primary insurance, and any other insurance maintained by the additional insured(s) shall be excess and non - contributory if: • Your contract specifically requires that we consider this insurance to be primary or primary and non - contributory; or • You request before a loss that we consider this insurance to be primary or primary and non - contributory insurance; but only as respects any claim, loss or liability arising out of the operations if claim, loss or liability is determined to be the negligence or responsibility of the named insured." CG 20 10 1185 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 StarN • i 4S. UA n C J 1 [P 4NY This Endorsement Change The Policy. Please Read It Carefully. Additional Insured Endorsement This endorsement modifies insurance provided under the following: Business Automobile Coverage Form Truckers Coverage Form Named Insured: Policy Number: Hardy & Harper, Inc. 2SMCC2BAU017304 Additional Insured: Endorsement effective: Blanket As Required by Written Contract From: 07/01/02 To: 07/01/03 Unless othennse indicated above, will expire on policy expiration date The following paragraph is added to Section II. A.I. Who Is An Insured: The additional insured, shown in the schedule above, for all sums: that the additional insured must pay because of "bodily injury" or "property damage" to which this insurance applies, and ii. resulting from the additional insured's liability for the conduct of any other "insured ", but only to the extent of that liability. A -8060 (06 -01) 0 SEPARATION OF INSUREDS Insured: Hardy & Harper, Inc. Insurance Company: Starnet Insurance Company Policy No. 2SMCC2CPP018704 Policy Period: 07/01/02 to 07/01/03 0 Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought CG 00 01/EP 7/96 (CG 00 0107/96) 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 25S (71971 JUL -12 -2002 FRI 12;11 PH CAL SURANCE FAX N0. 7149391654 • CERTIFICATE OF INSURANCE CHECKLIST CITY OF NEWPORT BEACH THIS CHECKLIST IS COMPRISED OF REQUIREMENTS AS OUTLINED ABY THE CITY OF NEWPORT BEACH. P. 01 DATE RECCEIVVED: '?-7II Q d EPARTMENT/CONTACr RECEIVED FROM: 54 )-C, U nC4 f DATE COMPLETED: `r" 1 2'(� ,-- SENT To: � a. A A � BY: �l I L� d 4 flf � COMPANY/PERSON REQUIRED TO HAVE 6 L GENERAL LIABILITY: A. INSURANCE COMPANY: r?P �s /� A-r 'i Los, CID, - B. AM BEST RATING (A VII or greater):!, 'f XQl _ C. ADMITTED COMPANY: ( Must be California Admitted) Is company admitted in Califp? Yes_Z No_ D. LIMITS: (Must be $1,000,000 or greater) What is limit provided? rv�w I E. PRODUCTS AND COMPLETED OPERATIONS: (Must Include) Is it included? Yes No_ F. ADDITIONAL INSURDED WORDING TO INCLUDE: ( The City its officers, agents, officials, employees and vohmteers). bit included? Yes No_ G. PRIMARY AND NON CONTRIBUTORY WORDING: (Must be included) Is it included? Yes_�C No— H. CAUTION! (Confirm that loss or liability of the Named insured is not limited solely by their negligence.) Does endorsemcra include "solely by negligence^ wording? Yes No—�c L NOTIFICATION OF CANCELLATION: Although then is a provision that requires notification of ellation by certified mail: per Lauren Farley the City will accept the endeavor wording. IL AUTOMOBILE LIABILITY: A. INSURANCE COMPANY: a:,L ^ GD-✓t a D. AM BEST RATING (A VII or greater): Jt / C. ADMITTED COMPANY: ( MUST BE CALIFORNIA ADMIT=) Is company No D. LIMITS: ( Must be 51,000,000 minimum BI & PD and $500,000 UM) What is liatil & ADDI'T'IONAL INSURED WORD1NSi TO INCLUDE: (The City its offccrs volumcers). Is it included? Yes � No_ F. PRIMARY AND NON CONTRIBUTORY WORDING: (For aVisl-t G. NOTIFICATION OF CANCELLATION: Although there is a certified mail: per Lauren Farley the City will accept the eode III. WORKERS COMPENSATION: . A. INSURANCE COMPANY. C(,=p S Fu i B. AM BEST RATING (A VII or greater)_ r') 7 1 i c >k- D C. LIMITS; Statutory D. WAVIER OF SUBROGATION: (To include). Is it included? Yes, No� HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes N fFNO,WMCP ITEMS NEED TO BE COMPLETED? I and -- fl/o , cellati by ,.>.y Company Profile • • Page 1 of 2 40 Company Profile Ins rance ST. PAUL MERCURY INSURANCE COMPANY 385 WASHINGTON ST ST PAUL, MN 55102 800 - 328 -2189 Former Names for Company Old Name: ST. PAUL INS CO Effective Date: 12 -29 -1967 Agent for Service of Process LORI CASTANEDA, 2730 GATEWAY OAKS DR SUITE 100 SACRAMENTO, CA 95833 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 24791 NAIC Group #: 0164 California Company ID #: 1891 -1 Date authorized in California: December 28, 1967 License Status: UNLIMITED- NORMAL Company Type: Property & Casualty State of Domicile: MINNESOTA Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the log ssary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY http:/ /www4.insurance.ca.gov /wu/idb_co prof utl.get_co _proPp_EID =3806 07/17/2002 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL HAZEL AVENUE PAVEMENT REHABILITATION CONTRACT NO. 3448 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 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. 3448 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 Lump Sum Mobilization @ Five Hundred - - - -- Dollars and 0 0/ 10 0---- - - - - -- -Cent s Per Lump Sum 2. Lump Sum Traffic Control @ Five Hundred - -- Dollars and 00 /100-- - - - - -- -6ents Per Lump Sum 3. 540 S.Y. Cold Mill A.C. Roadway @ wine- - - - - -- Dollars and fifty- - - - - -- -Cents Per Square Yard $ 9.50 ITI M= $ 5,130.00 0 0 PR2of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 2,970 S.Y. Install GlasGfid Pavement Fabric (a)- Four---------- Dollars and Fifty five- - - - - -- Cents $ 4.55 $ 13,513.50 Per Square Yard 5. 21 Tons Remove Existing and Construct 6 -Inch Thick Crushed Miscellaneous Base @ Ninety TWO - - - -- Dollars and Eighty Five- - - - - -- 'Cents $ 92.85 $ 1,949.85 Per Ton 6. 9 Tons Construct 2 -Inch Thick A.C. Base Course @ Forty-- - - - - -- - Dollars and 00 /100---- - - - - -- -Cents $ 40.00 $ 360.00 Per Ton 7. 21 Tons Construct 1/2 -Inch Thick A.C. Leveling Course @ Seventy-- - - - - -- Dollars and Twenty five - - - - -- -Cents $ 70.25 $ 1,496.25 Per Ton 8. 65 Tons Construct 1 1/2 -Inch Thick A.C. Finish Course @ Fifty Five - - - -- Dollars and fifty five-- - - - - -- Cents $ 55.55 $ 3,610.75 Per Ton 9. 62 L.F. Remove Existing and Construct P.C.C. Curb & Gutter Type "A" @ Forty--- - -- - -- Dollars and OQ /loo---- - - - - -- Cents $ 40.00 $ 2,4R0.00 Per Linear Foot • • PR3of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 902 L.F. Remove Existing and Construct P.C.C. Gutter @ Twenty one - - - -- Dollars and 00 /100----- - - - - -- -Cents Per Linear Foot 11. 125 S.F. Remove Existing and Construct P.C.C. Driveway Approach Per CNB Std.- 162 -L. @ Thirteen- - - - - -- Dollars and Fifty-- - - - - -- -Cents Per Square Foot 12. 90 S.F. Remove Existing and Construct P.C.C. Alley Approach, Type A Per CNB Std.- 142 -L. 13. 14. 15 @ Thirteen ------ Dollars and Fifty--- - - - - -- -dents Per Square Foot Lump Sum Traffic Striping @ one Thousand - - - -- Dollars and Cents Per Lump Sum 2 Each Adjust Existing Water Valve Covers to Grade @Two Hundred Seventymiffs and 00/100--- - - - - -- -Cents Per Each 6 Each Adjust Existing Sewer Manholes to Grade @ Three Hundred - -- Dollars and 00 /100--------- -eents Per Each $ 21.00 $ 13.50 $ 13.50 $ 275.00 $ 300.00 $ 18,942.00 $ 16.875 1.215.00 $ 1,000.00 $ 550.00 $ 1,800.00 0 PR4of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 1 Each Adjust Existing Sewer Cleanout to Grade @ Three---- - - - - -- -Dollars and oo /1oo---- - - - - -- -Cents $ 300.00 $ Inn-nn Per Each 17. 2 Trees Tree Root Pruning and Root Barriers @pnllr u,, a -ed -- dollars and 00----- - - - - -- Cents $ 400.00 $ 800.00 Per Tree 18. 700 S.F. Remove Existing and Construct PCC Cross Gutters @ Eleven- - - - - -- Dollars and Fifty--- - - - - -- Cents $ 11.50 $ 8,050.00 Per Square Foot 19. 70 S.F. Remove Existing and Construct PCC Curb Access Ramp @ seventeen-- - - - --- -Dollars and 00/100----- - - - - -- Cents $ 17.00 Per Square Foot TOTAL PRICE IN WRITTEN WORDS D. and Eighty Five Cents $___65,053.85 Total Price (Figures) June 13,2002 Hardy & Harper, Inc Date Bi r (714) 444 -1851 (714) 444 -2801 Bidders Telephone and Fax Numbers Bi er's tho eJ Signature and itle Steve Kirsc -Vice President 215952 Class A 1312 F [*arna Av® Ex3 c�rs2705 Bidder's License No(s). Bidders Address and Classification(s) 1 1 1 2 2 2 2 2 2 2 k� 3 4 4 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS HAZEL AVENUE PAVEMENT REHABILITATION CONTRACT NO. 3448 INTRODUCTION PART 1 --- GENERAL PROVISIONS SECTION 2 -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 - UTILITIES 5 -7 ADJUSTMENTS TO GRADE 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 1 1 1 2 2 2 2 2 2 2 k� 3 4 4 4 4 0 0 6-9 LIQUIDATED DAMAGES 4 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 5 7 -8.8 Steel Plates 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 5 7 -10.1 Traffic and Access 5 7 -10.2 Storage of Equipment and Materials in Public Streets 5 7 -10.3 Street Closures, Detours, Barricades 5 7 -10.4 Public Safety 6 7- 10.4.1 Safety Orders 6 7 -10.5 "No Parking" Signs 6 7 -10.7 Notice to Residents 7 7 -15 CONTRACTOR'S LICENSES 7 7 -16 CONTRACTOR'S RECORDSIAS BUILT DRAWINGS 7 SECTION 9 - MEASUREMENT AND PAYMENT 9 -3 PAYMENT 8 9 -3.1 General 8 9 -3.2 Partial and Final Payment 10 PART 2--- CONSTRUCTION MATERIALS SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1 Portland Cement Concrete 10 201 -1.1.2 Concrete Specified by Class 10 SECTION 214 - PAVEMENT MARKERS 214 -4 NON - REFLECTIVE PAVEMENT MARKERS 11 214-5 REFLECTIVE PAVEMENT MARKERS 11 PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300 -1 CLEARING AND GRUBBING 11 300 -1.3 Removal and Disposal of Materials 11 300 -1.3.1 General 11 C 0 300 -1.3.2 Requirements 11 300 -1.5 Solid Waste Diversion 11 SECTION 302 - ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 12 302 -5.1 General 12 302 -5.4 Tack Coat 12 302 -7 PAVEMENT FABRIC 12 302 -7.1 General 12 302 -7.2 Placement 12 302 -7.2.1 Pavement Preparation 12 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 12 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.5 Finishing 12 303 -5.5.2 Curb 12 SECTION 308 - LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General 13 SECTION 310 PAINTING 310 -5 PAINTING VARIOUS SURFACES 14 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb 15 400 -2.1.1 Markings 14 310 -5.6.6 Preparation of Existing Surfaces 14 310 -5.6.7 Layout, Alignment and Spotting 14 310 -5.6.8 Application of Paint 14 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 15 312 -1 PLACEMENT PART 4 15 SECTION 400 - ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 15 400 -2.1 General 15 400 -2.1.1 Requirements 15 • • SP 1 OF 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS HAZEL AVENUE PAVEMENT REHABILITATION CONTRACT NO. 3448 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- 5806 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1994 edition), including Supplements; (4) Standard Specifications for Public Works Construction (1997 edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 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 reconstructing portions of deteriorated roadway, grinding and overlaying other portions of the roadway, constructing gutter and cross gutter, and replacing portions of uplifted curb and gutter." 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The City will provide construction staking as required to construct the improvements. Any additional stakes or any restaking, or costs thereof, shall be the responsibility of the Contractor. The Contractor shall notify the City in writing two working days in advance of the time that the stakes are needed. The City's Surveyor will file a Corner Record or Record of Survey with the County Surveyor's Office prior to the start of any construction. After completion of all 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 • • SP2OF15 back - charged for the cost of restoring any survey monument damaged by the Contractor outside the project limits." 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and protect them during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall have the affected survey monuments restored per records, at his expense. The Contractor's Engineer or Licensed Surveyor shall also file the required Corner Records with the County of Orange upon monument restoration. SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ................... I .............. I.... 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 • • SP3OF15 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, Mesa Consolidated Water District and cable television facilities to the finish grade with the appropriate utility company. SECTION 6 - -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the Notice to Proceed." No work shall begin until a "Notice to Proceed" has been issued, a pre - construction meeting has been conducted, and 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 shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. The Contractor shall pave roadways no later than three days after grinding the roadway and shall include this in his scheduling." • 6 -7 TIME OF COMPLETION • SP4OF15 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within twenty consecutive working days after the date on the Notice to Proceed. " 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 January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday in November (Thanksgiving), 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 $55.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." • • SP 5 OF 15 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 an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean." 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 accord with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. Prior to move -in, the Contractor shall take photos of the lay -down area. The Contractor shall restore the lay -down area to its pre- construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 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 plans(s) for each street and parking lot. The Contractor will be responsible for processing and obtaining approval of a traffic control plans 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 0 • SP6OF16 CONTROL HANDBOOK (W.A.T.C.H), 2001 Edition. The Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. The traffic control and detour plans must meet the following requirements: 1. Emergency vehicle access shall be maintained at all times 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and /or lighted. 4. The Contractor shall 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." 5. During non - working hours, the Contractor shall open the street to vehicular traffic. 6. Except during paving operations, local access to Hazel Avenue, access to side streets, parking lots, and driveways shall be maintained at all times. 7. Driveways and alley approaches shall be plated or backfilled every night to allow access. 8. The Contractor shall apply for and obtain a Caltrans Encroachment Permit, at his cost, for any lane closures on Coast Highway. 7 -10.4 Public Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall furnish, install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty-eight hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's • SP7OF15 Police Department, Parking Control 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. Ten working days prior to starting work, the Contractor shall deliver a construction notice to the adjacent properties, within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours before the start of any construction, the Contractor shall distribute to the adjacent residents, businesses and mobile home parks a written notice stating when construction operations will start and what disruptions may occur and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The written notices will be prepared by the Engineer. The Contractor shall insert the applicable dates and times when the notices are distributed. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification 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 and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and submitted to 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 submitted to the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. 0 • SP8OF15 SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: 'The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work to complete the item of 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 providing bonds, insurance and financing, establishing a field office, obtaining permits, preparing the SWPPP, preparing the construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include the delivery of all required notifications and temporary parking permits, posting of signs and all costs incurred in notifying the residents. In addition, this item shall include providing the traffic control required by the project including, but not limited to, preparation of traffic control plans prepared and signed by a California licensed traffic engineer, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flagpersons, and shall include furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, 2001 edition, and City of Newport Beach Requirements. Item No. 3 Cold Mill Asphalt Pavement: Work under this item shall include the cold milling the asphalt roadway to a depth below existing finished grade as shown on the drawings and all other work necessary to cold mill the asphalt roadway within the project limits complete and in place. Item No. 4 Install Glas Grid Pavement Fabric: Work under this item shall include the installation of Glas Grid Pavement Fabric, or approved equal, per manufacturers instructions, including tack coat and all other work necessary to install Glas Grid Pavement Fabric complete and in place. Item No. 5 Remove Existing and Construct 6 -Inch Thick Crushed Miscellaneous Base: Work under this item shall include removing existing street, disposing of excess material, grading, compaction, constructing the road with 6 -inch crushed miscellaneous 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. 6 Construct 2 -Inch Thick Asphalt Pavement Base Course: Work under this item shall include constructing 2 -inch thick asphalt pavement base course and all other work necessary to construct 2 -inch thick asphalt pavement base course complete and in place. • SP9OF15 Item No. 7 Construct 1/2 -inch Thick Asphalt Leveling Course: Work under this item shall include constructing 1/2 -inch thick asphalt pavement leveling course on the roadway and all other work necessary to construct 1/2 -inch thick asphalt pavement leveling course complete and in place. Item No. 8 Construct 1 1/2 -inch Thick Asphalt Pavement Overlay: Work under this item shall include constructing 1 1/2 -inch thick asphalt pavement overlay and all other work necessary to construct 1 112 -inch thick asphalt pavement overlay complete and in place. Item No. 9 Remove Existing and Construct P.C.C. Type A Curb and Gutter: Work under this item shall include removing and disposing of the existing curb and gutter, subgrade compaction, reconstructing curb openings of existing curb drains, constructing P.C.C. curb and gutter, re- chiseling of curb face for existing underground utilities, restoring 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. 10 Remove Existing and Construct P.C.C. Gutter: Work under this item shall include removing and disposing of the existing PCC roadway, subgrade compaction, reconstructing curb openings of existing curb drains, constructing P.C.C. gutter, re- chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. The gutter construction shall also include doweling, rebar, and cement epoxy adhesive per Caltrans Section 95 -2.03 Type 1 (1992 Edition) and all work as required to dowel and bond the new gutter to the existing curb complete and in place. Gutter width shall be 18 inches. Item No. 11 Remove Existing and Construct P.C.C. Driveway Approach per CNB Std.-162-L: Work under this item shall include removing and disposing of the existing driveway approach, subgrade compaction, constructing P.C.C. driveway approach, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 12 Remove Existing and Construct P.C.C. Alley Approach per CNB Std. - 142-L: Work under this item shall include removing and disposing of the existing alley approach, subgrade compaction, constructing P.C.C. alley approach, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 13 Traffic Striping: Work under this item shall include traffic striping, pavement markers, and all work necessary to install traffic striping complete and in place. • • SP 10 OF 15 Item No. 14 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. 15 Adjust Sewer Manholes to Grade: Work under this item shall include adjusting all sewer manholes to grade and any equipment necessary to complete the work under this contract. Item No. 16 Adjust Sewer Cleanouts to Grade: Work under this item shall include adjusting all sewer cleanouts to grade and any equipment necessary to complete the work under this contract. Item No. 17 Tree Root Prune and Root Barriers: Work under this item shall include all labor, tools, equipment, and materials costs for removing pavement and exposing the roots, removing and disposing of interfering tree roots, installing tree root barrier, reconnecting any underground electrical, cable, and irrigation lines and components, and all other work items as required to complete the work in place. Item No. 18 Remove Existing Improvements and Construct 8 -Inch Thick P.C.C. Cross Gutter: Work under this item shall include all labor, tools, equipment, and materials costs for the removal and disposal of existing improvements, subgrade compaction, placement of crushed miscellaneous base, base compaction, construction of 8 -inch thick P.C.C. cross gutter and 12" wide X 8" deep AC patchback along both sides of the cross gutter, and all other work items as required to complete the work in place. Item No. 19 Remove Existing Improvements and Construct 4 -Inch Thick P.C.C. Curb Access Ramp: Work under this item shall include all labor, tools, equipment, and materials costs for the removal and disposal of existing improvements, subgrade compaction, construction of 4 -inch thick P.C.C. curb access ramp, and all other work items as required to complete the work 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." • • SP 11 OF 15 SECTION 214--- PAVEMENT MARKERS 214-4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non - reflective pavement markers types A and AY shall be ceramic." 214-5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass- covered reflective faces or be 3M Series 290." PART 3 CONSTRUCTION METHODS SECTION 300 -- -EARTH WORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General. Add to this section: `The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. Approximate area of removal and replacement is 730 square feet." 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." And replace the words 1 % inch" of the last sentence with the words "two (2) inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. • • SP 12 OF 15 The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 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 except in the case of the asphalt leveling course where the contractor may use III -D3 -AR -4000. All cracks '/< -inch or greater in width shall be cleaned and seated 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 -1 h 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." 302 -7 PAVEMENT FABRIC 302 -7.1 General. Add to this section: 'The pavement fabric shall be GLASGRID 8501 or approved equal." 302 -7.2 Placement 302 -7.2.1 Pavement Preparation. Add to this section: 'The Contractor shall fine mill the existing asphalt pavement to the desired depth prior to installing tack coat and pavement fabric. The Contractor shall place a'' /2 -inch thick asphalt leveling course on the PCC roadway in order to provide a smooth surface for application of the tack coat and pavement fabric." SECTION 303—CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.5 Finishing 303 -5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the • • SP 13 OF 15 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." SECTION 308 --- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall submit recommendations by its arborist to the City for review for safely pruning and removing tree roots. No roots shall be pruned of removed unless this submittal is returned to the Contractor as satisfactory. Prior to the submittal, the Contractor shall arrange to meet with the City's Urban Forester, Mr. John Conway (949- 644 -3083) at the site to discuss City standards and requirements. The submittal shall adhere to the following guidelines. 1. Root Pruning b. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. c. Roots shall be cleanly severed using a root - pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root - cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and /or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and /or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump - grinding machine instead of a root - pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. Roots greater than two inches in diameter that must be removed, must be pre - approved by the City's Urban Forester. 0 • SP 14 OF 15 e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. 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 pavement overlay 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. Add to this section: "Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary 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 temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be sprayable reflectorized thermoplastic. 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 0.45 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. 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 Contractors 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. • • SP 15 OF 15 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, as a minimum, crushed miscellaneous base as the base material." . LL%^-1'r.{./ • STOP ' STOP ' TO BE INSTAS. PER STD A24D 11' TYPE I (109 ARROW (STD A24A> EX. RAISED MEDIAN Cu dOiS 1� 17' CO AST KwY EAST NOTE: CROSSWALK AND LIMIT LINES PER STD A24E STRIPING PLAN FRANSP. & DEV,SERVrCES MANAGER HAZEL DRIVE R.P.E. NO. 22045 DATE 1% 12009 FROM COAST HWY EAST TO POPPY DESIGNED DRAWN µ CITY OF NEW BEACH T- 58816 -L CHECKED DATE PUBLIC WORKS DEPARTMENT sNEET J. aronler s-io-oz 1 °F 1 BCJ-I `� ALLEN ALLEY BC W QONSTRUCTION NUTES M I. ALL STRIPING DETAILS, MARKINGS, MARKERS, ETC., SHALL BE PER STATE OF CALIF. DEPT. OF TRANSPORTATION PLANS, EDITION. Q STANDARD 1999 11 7 2. ALL FINAL STRIPING SHALL BE 'SPRAYABLE REFLECTORIZED THERMOPLASTIC' APPLIED AT A MINIMUM THICKNESS OF 0.45 MM. EXCEPT CROSSWALKS AND LIMIT LINES SHALL BE 030 MM MINIMUM THICKNESS. THE FINAL STRIPING SHALL NOT BE APPLIED UNTIL THE PAVING HAS BEEN IN PLACE FOR AT LEAST 15 DAYS. TEMPORARY TRAFFIC STRIPING AND MARKINGS SHALL BE PAINT APPLIED IN ONE COAT AND AS SOON AS POSSIBLE WITHIN 24 HOURS AFTER THE FINISHED COURSE OF PAVEMENT HAS BEEN APPLIED. 3. ALL EXISTING THERMOPLASTIC STRIPING MUST BE REMOVED W PRIOR TO SLURRY OR OVERLAY. N 4. ALL STOP BARS TO BE 12' WHITE @ 1/a UNLESS OTHERWISE NOTED. dOiS 1� 17' CO AST KwY EAST NOTE: CROSSWALK AND LIMIT LINES PER STD A24E STRIPING PLAN FRANSP. & DEV,SERVrCES MANAGER HAZEL DRIVE R.P.E. NO. 22045 DATE 1% 12009 FROM COAST HWY EAST TO POPPY DESIGNED DRAWN µ CITY OF NEW BEACH T- 58816 -L CHECKED DATE PUBLIC WORKS DEPARTMENT sNEET J. aronler s-io-oz 1 °F 1 JUN 2 5 2002 TO: Mayor and Members of the City Council FROM: Public Works Department June 25, 2002 CITY COUNCIL AGENDA ITEM NO. 13 SUBJECT: HAZEL AVENUE PAVEMENT REHABILITATION - AWARD OF CONTRACT NO. 3448 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3448 to Hardy and Harper, Inc. for the Total Bid Price of $65,053.85, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $6,500.00 to cover the cost of unforeseen work and testing. DISCUSSION: At 11:00 a.m. on June 13, 2002, the City Clerk opened and read the following bids for this project: BIDDER Low Hardy and Harper, Inc. 2 Popular Paver Rental 3 R.J. Noble Company TOTAL BID AMOUNT $65,053.85 *$87,734.61 $108,820.00 " Corrected Bid Amount is $87,736.59 The low total bid amount is 0.08 percent above the Engineers Estimate of $65,000. The lowest responsible bidder, Hardy and Harper, Inc., possesses a General "A" contractors license as required by the project specifications. A check of Hardy and Harper, Inc., references indicates they have satisfactorily completed various similar improvement projects for other Southern California agencies. c- 344 SUBJECT: HAZEL AVENUE PANT REHABILITATION -AWARD OF CONTRACT < 8 June 25, 2002 Page: 2 The project includes the reconstruction of portions of deteriorated roadway, grinding and overlaying other portions of roadway, construction gutter and cross gutter and replacing uplifted curb and gutter. There are sufficient funds available in the following account for the work: Account Description Account Number Amount Measure M Tumback 7281- C5100639 $71,553.85 WORKS DEPARTMENT G. Badum, Director By: Stephen Luy, P.E. Project Engineer Attachment: Project Location Map Bid Summary U Q W m it O m W Z LL O r H A Z W F- 4' Q d W O d' V J m D CL N O O N M O O .. d w oQ O � m tij 2 � U 0 d U R O � NO 0 d U U W M x U r+U W 0 F- J Q m U t o d � m m r m w F F w a W F Q W ¢Z r w U _ Z w � (5 0 J Z ¢ Ewa AML m M a M h co CO. C 0 O E m a m ti O O O O O O O O O O O O O O O O F O O O O O O O O O O O O O o 0 o 0 0 C Z 00056 C5m00 o' M, 00000000 d�00•+ O O O N O N 1[) 10 N tp N h M O O O O O t0 Ea 0 h M W W h.r �.y N '+ N.- M +hO.-�m n M M N NOM r .� M in 1n .; .�h 61 '+ N O U ¢ d n ° 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C 0 0 0 0 Z o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 H O O N w o m o o 0 O� M o o o o o m m 0 0� O� N� t0 m N M N ^ ti N � 100 t� 100 h N ti 000000000-It 1n 0 0000 0 0 0 0010 N 00 00 O.'+N O 000000 V d Zoo 0 o ,D a o co l m o to o a o o a m o. �° v 0 m 0 o 0 1n 0 o o 1n S a 1n Oi a y O OMMa O O h h a N 61 .-1 N N O O a s N h 00 h .ti x 2 61 'Q. -i N 61 N N v - 61 > ¢ a `m 0 0 m 0 0 008 h M 0 0 0 0 0 0 N N OOh N 10000010 m 000000 N s. � �_ 0 0 W W— 0 0 0 h M m N o m o o o m w 0 C! a V M N "' 1 a N N n d 0 N .a- F- 0 00010 0 0 0 10 c00 O m N 10 h 0 00100 0 0 0 0 000 0 0 0 000 0 0 0 O C Z O O O m m O M O o 8atD. N h o 0 0 0 0 0 0 0 7 OOM.� >n 10 .+ 10 V 0 W M h 1D d Ol l0 N 0100 O to W ogpN M c0 m a 0 MM co .+ d¢ x a c Ooo161nocl lu 00000000000 d 001010 NO N t0 O 1[1100000 0100 O I a CN 6 Oh O O O 0 a~ O mm O 6 d N .Mi .Mi O oNmm h 0 0 8.� 1CZ x D d F 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 O 0 O 0 o 0 0 0 0 0 0p 0 . 0 0 0 0 w z w o o l� O o o 0 0 00 0 000000 d . I O O N to W N M h a M O N O o o N 10 10 M h a m 0 0 O 0 10 0 .ti MO N w O a N d Q t6 M M M 0D .E 0 .+ .+ ^+ N N W N ¢ 000000000000 O O O O O 00 C� 0 0 0 -! 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c0 omM m M 00 t0 l0 o tD 1010101000000 N N N t0 W �C O O N m N h ui y � J J N }VI H F Z1- F J y wJ ¢¢ W W W m m H Z O m 00 7, ^� O1N 61 N t01p�Np01 ^N to N0 N N t U N N N ¢ ¢ Y d d o O a V d d a O¢ U OD UU U0 ZQ d� d U n c gUt.>VU O (7 o� a m yCJU Z ao U(JUU m pU mU o p $'. -O.o a m ci Q c4 0 0 L) m U¢ x m a w c m o iO U ¢ L d W Cn �^ w d EU Ott -000jU > 0-00C c c c �0 v ma mFt W d 0 d +°=; d ; 0 6 U U C CV d 3 d M d M C d C d C C _ C N C C C C C U C U C M C C C C a m N NN"' tX y a N yx J d O U w W W °U" p d w UUU :=m a2F HQ Q Q - Y ¢ W .+ N M a 10 tD h c0 61 O .� N M V t0 O h W O1 m M a M h co CO. C 0 O E m a m ti CITY OF NEWPORTBEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 July 16, 2002 R.J. Noble Company 15505 E. Lincoln Avenue Orange, CA 92856 Gentlemen: Thank you for your courtesy in submitting a bid for the Hazel Avenue Pavement Rehabilitation Project (Contract No. 3448) 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 July 16, 2002 Popular Paver Rental 840 Obispo Avenue Long Beach, CA 90804 Gentlemen: Thank you for your courtesy in submitting a bid for the Hazel Avenue Pavement Rehabilitation Project (Contract No. 3448) 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