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C-3471 - Street Improvements - Monrovia Avenue from 15th to 16th Street and 15th Street from Monrovia Avenue to Superior Avenue
0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC December 17, 2003 Ben's Asphalt, Inc. 2200 S. Yale Street Santa Ana, CA 92704 Subject: Street Improvements: Monrovia Avenue from 15t" Street to 161h Street and 15f Street from Monrovia Avenue to Superior Avenue (C -3471) To Whom It May Concern: On December 17, 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 February 13, 2003. The Surety for the contract is Travelers Casualty & Surety, Company of America, and the bond number is 103805201. Enclosed is the Faithful Performance Bond. Sincerely, LaVonne M. Harkless, CMC City Clerk cc: Public Works Department R. Gunther, Civil 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 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT STREET IMPROVEMENTS: MONROVIA AVENUE FROM 15TH STREET TO 16TH STREET AND 15TH STREET FROM MONROVIA AVENUE TO SUPERIOR AVENUE CONTRACT NO. 3471 BOND NO, 103805201 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 1.274 , being at the rate of $ b-30 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Ben's Asphalt, Inc., hereinafter designated as the "Principal', a contract for construction of STREET IMPROVEMENTS - MONROVIA AVENUE FROM 1ST" STREET TO 16TH STREET AND 15TH STREET FROM MONROVIA AVENUE TO SUPERIOR AVENUE, CONTRACT NO. 3471 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. 3471 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Travelers Casualty & Surety Company of 4meri ra , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of two hundred two thousand, two hundred forty -nine and 001100 Dollars ($202,249) 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 specked in this Bond; otherwise this obligation shall become null and void. 28 REM (VEO 0?- 1 UN- 02 15:45 ROM -N 45401709 70- Naud- Cutmann his PACE C06 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 WITNESP WHEREOF this instrument has been duly executed by the Principal and Surety above nam , on the 1041 day of June , 2002. Ben' A Qt It In . P ncipal) Authorized Signature/Tlae rravelers Gare a ty & Surety Comp o 'Ame ca i Name of u. ty orized Agent Sign ur 216883 Ga way Center Dr. Diamond Bar, CA 91765 Kevin S. Bogart, Attorney -In -Fact Address of Surety Print Name and Title 909 - 612 -3647 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 RECEIVED 03- JUN -02 15:46 FROM- 7145401709 TO -Waad- Gutmann Ins PAGE 007 L CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of (��fl On Date Ocalge I SS. DN hofnrc TG T. 81 Fig `ni"rY".'y NDtay PJD13Z personally appeared r JAN -ELLEN B.STRUDWICK CUMM.N 1201391 Notuv Public•Califomia "`� d Orage County �.. �.: My Commisclon Exppires ,i �- NOVEMBER 12, 20D2 �t personally known to me ve on ey e to be the personx,'whose name,( is- subscribed to thle within instrument and acknowledged to me that het _At(ey executed the same in his! �ir autho ed capacity, and that by hisl r/ eir signature on the instrument the pe son(W or the entity upon behalf of which the personal acted, executed the instrument. WITNESS my hand and official 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: a 0 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313.2402 Prod. No. 5907 Reorder: Call Toll -Free 1- 800- 67"B27 r ' • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange On 6/10/02 before me, Paula Rosecrans Date Name and TO. of Offrcer (e.g., '.lane Doe, Notary Public') personally appeared Kevin S. Bogart Names) of Signer(s) ...raw . .. PAULA ROSECRANS .,. COMM. #1259428 m • ,. Notary Publ"altlomia alit W ORANGE COUNTY -. My Comm Exp. April 3, 2004 Place Notary Seal Above ❑ personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted exe ted the instrument. WI S my ha and cial seal. 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: Performance Bond for Bents Asphalt / City of Document Date: 6/10/02 Number of Pages: 2 Signer(s) Other Than Named Above: Principal Capacity(ies) Claimed by Signer Signer's Name: Kevin S. Bc ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner —❑ Limited ❑ General p-Akorney in Fad ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Wood - Gutmann Insurance Brokers 0 1999 National Notary A.seociatbn• 93 De seat A..P.D.aua2aa2•CMtaanM. G1913132M2•..natbreleotaryerg Peel Ate. 5907 Raarder: W TaA -Fee 1a099TaM2T ach 0 0 LY NVITNESS WHEREOF, TRAVELERS CASUALTY .AND SURETY CONIPA —NY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and F.ARIMLNGTON CASLP.LTY C011IPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 5th day of July, 2000. STATE OF CONNWEC DCUf }SS. Hartford COUNTY OF H4.RTrORD T• G �( 1h 01,��yyY 12 CJNt1 0 4c �. L \ TRAVELERS CASUALTY AND SURETY COMPANY OF AA'IERICA TRAVELERS CASUALTY AND SURETY COMPANY FAR.MINGTON CASUALTY CONIPA—NY George W. Thompson Senior Vice President On this 5th day of July, 2000 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that h.ishe is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and wh ch executed the above instrument; that heishe knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he /she executed the said instrument on behalf of the corporations by authority of his-flier office under the Standing Resolutions thereof, s' My commission expires June 30, 2001 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY A'SD SURETY COMPANY and F.AWALNGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full fore and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authorin, are now in fore. Siened and Sealed at the Home Office of the Company, in die City of HarSord, State of Connecticut. Dated this 10thday of June .20 02 Ir Sl.jli� `J,�TT �MpS CLSL'��j a � 4 I W HwarFORO o 1 9 8 26 o By Kori M. Johanson �` °� Assistant Secretary, Bond J Recorded in Official Records, County of Orange RECORDING REQUESTED BY AND Tom Daly, clerk - Recorder WHEN RECORDED RETURN TO: FEE City Clerk 2003000032369 04:29pm 01109103 City of Newport Beach 118 $0 N12 1 3300 Newport Boulevard 0.00 0.00 0.00 0 -00 0.00 0 -00 0.00 0.00 Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Ben's Asphalt, Inc. of Santa Ana, California, as Contractor, entered into a Contract on June 11, 2002. Said Contract set forth certain improvements, as follows: Street Improvements: Monrovia Avenue from 15th Street to 16"' Street and 15'" Street from Monrovia Avenue to Superior Avenue (C -3471) Work on said Contract was completed on November 27, 2002, and was found to be acceptable on December 17. 2002, by the City Council. Title to said property is vested in the Owner, and. the Surety for said Contract is Travelers Casualty & Surety Company of - Amenca. V N r, O VERIFICATION fc Works Director of Newport Beach I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. / G Executed on at Newport Beach, California. BY City Clerk o i • ` CITY OF • 1 OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC February 13, 2003 Bens Asphalt, Inc. 2200 S. Yale Street Santa Ana, CA 92704 Subject: Street Improvements: Monrovia Avenue from 15L" Street to 16L�' Street and 15th Street from Monrovia Avenue to Superior Avenue (C -3471) To Whom It May Concern: On December 17, 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 six months after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on January 9, 2003, Reference No. 2003000032369. The Surety for the contract is Travelers Casualty and Surety Company of America, and the bond number is 103805201. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, CMC City Clerk LH:lb cc: Public Works Department R. Gunther, Project Manager encl. 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 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT STREET IMPROVEMENTS: MONROVIA AVENUE FROM 15TH STREET TO 16TH STREET AND 15T H STREET FROM MONROVIA AVENUE TO SUPERIOR AVENUE CONTRACT NO. 3471 BOND NO. 103805201 Premium included in Performance Bond LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Ben's Asphalt, Inc., hereinafter designated as the "Principal," a contract for construction of STREET IMPROVEMENTS - MONROVIA AVENUE FROM 15, ST REET TO 16T" STREET AND 15TH STREET FROM MONROVIA AVENUE TO SUPERIOR AVENUE, CONTRACT NO. 3471 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. 3471 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, Travelers Casualty & Surety Company of America 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 two hundred two thousand, two hundred forty -nine and 001100 Dollars ($202,249.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used In, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or far 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 attomey's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 26 RECEIVED 03- JUN -02 77:46 rROM- 7745401704 TO -Woad- Gutmann lag PAGE 004 0 0 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WIT*SS WHERE F this instrument has been duly executed by the above named Principal and SL*ty, on the 7�t7r day of June 2002 Ity & of America 21688 Gat*.way Center Dr. Diamond Bar, CA 91765 Address of Surety 909- 612 -3647 Telephone Authorized Signature/Title horized Agent i ature Kevin S. Bogart, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED .rte] RECEIVED 03- JUN -02 15:46 FROM- 7145401709 TO-Wood- Gutmann Ins PAGE 605 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of On oil, I Date personally appeared I ss. r_ r rr rr� -r• r _ '2Ca"' lic- California CouN EROt2 2p002 t personally known t e ove n the ssf�satisf3 i" ev e to be the person(4(whose namek<�islw6_ subscribed to the within instru ent and acknowledged to me that he/ elJhy executed the same in his/ /t r authorized capacity(i s )l, and that by his /br signature on the instrument the person or the entit upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. n Place Notary Seal Above Sigrawlw onlrotaq 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(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited Cl General D Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: C 1997 National Notary Association • 9350 De Soto Ave., P.O, Box 2402 • Chatsworth, CA 91313 -2402 Prod. No 5907 Reorder Call Toll -Free 1- 800 - 878-8827 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California } ss. County of Orange J On 6/10/02 before me, Paula Rosecrans Date Name and Title of Officer (e.g., "Jane Doe, Notary Public') personally appeared Kevin S. Bogart Name(s) of Signers) LOPAULA ROSECRANS -1 COMM. #1259428 m Notary PublioCallfomia y ORANGE COUNTY My Crxtrn. Exp. Apn1 3,2004 [ Place Notary seal Above ❑ pfpdnally known to me roved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, a cu d the instrument. WIT SS y hand and o icial seal. �JP1�� 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 TitleorTypeofDocument: Payment Bond for Ben's Asphalt /City o£ Ne Document Date: 6 / 10 / 0 2 Number of Pages: 2 Signer(s) Other Than Named Above: Principal Capacity(ies) Claimed by Signer Signer's Name: Kevin S. Bogart ❑ Individual ❑ Corporate Officer — Title(s): ❑ P ner — 11 Limited ❑ General Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Wood— Gutmann Insurance Brokers 0 1999 Natonal No" Asto bon • 9350 De Solo Ave.. P.O. Box 2102 • Chad . CA 91313.2102 • ww.raEanalrwlaryory Prod No. Sao) Reorder. Ca9 Toff -Free 1- �(FB]9aB2T Beach 1 t •. IN NNITNESS WHEREOF, TRAVELERS CASUALTY .A-\D SURETY COIIP.2NY OF AMERICA, TRAVELERS CASUALTY ..ND SURETY CONLYANY and FAR'IILNGTON CASUALTY CONIPA,NY have caused this instrument to be signed b} their Senior Vice President and their corporate seals to be hereto affixed this 5th da} of July, 2000. STATc OF C01N^.N`ECTICUT }SS. Hartford COUNTY OF ',K' ARTFORD LYC3W:y J,l1v IhOS G4.SU1� CDHK n = c TRAVELERS CASUALTY AND SURETY CONIPA.N'Y OF ANIERICA TRAVELERS CASUALTY AND SURETY CONiPA.NY FARNIINGTON CASUALTY CONIPAINY George W. Thompson Senior Vice President On this 5th day of July, 2000 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he /she is Senior Vice President of TRAVELERS CASUALTY AND SURETY CONIPANY OF AMERICA TRAVELERS CASUALTY AN"D SURETY COWANY and FARMINGTON CASUALTY COM .A-NY, the corporations described in and which executed the above instrument; that hershe knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals, and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. TAq �G.TET � #� pURL�p # c CERTIFICATE My commission expires June 30, 2001 Notary Public Marie C. Tetreault I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPA-NY OF AMERICA, TRAVELERS CASUALTY AND SURETY CONIPANY and FAWNILNGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO =EBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked, and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Compare '. in tine City of HarSord, State of Cornecticut. Dated this 10thday of June 120 02 vO SW o ^JY •p� GhSU� � !:i i •y CjL �'�e a C0 " t "c`+�•cr �; Kon M Johanson �° °. 6`° • " Assistant Secretary, Bond 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT e Syr Agenda Item No. 6 December 17, 2002 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY FROM: Public Works Department R. Gunther, P.E. 949 -644 -3311 rgunther@city.newport-beach.ca.us SUBJECT: STREET IMPROVEMENTS — MONROVIA AVENUE FROM 15T" TO 16TH STREET AND 167" STREET FROM MONROVIA AVENUE TO SUPERIOR AVENUE, CONTRACT NO 3471 — COMPLETION AND ACCEPTANCE RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. 5. Approve a Budget Amendment appropriating $26,000 from the unappropriated balance of the Gas Tax Fund to Account No. 7181- C5100643. DISCUSSION: On June 11, 2002, the City Council authorized the award of the Monrovia Avenue, 15`" Street Improvements contract to Bens Asphalt Inc. The contract provided for the construction of an asphalt overlay, including glass grid fabric, and some curbs and drainage improvements. 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: $202,249.00 Actual amount of bid items constructed: 231,713.51 Total amount of change orders: 12,035.42 Final contract cost: $243,748.93 SUBJECT: STREET IMPROVEM - MONROVIA AVENUE FROM 15T TO 16T EET AND 16T STREET FROM MONROVIA AVENUE SUPERIOR AVENUE, CONTRACT NO 3471- CO TION AND ACCEPTANCE December 17, 2002 Page 2 The increase in the amount of actual bid items constructed over the original bid amount resulted from an increase in the quantity of glass grid installed, above the engineer's estimate. One change order was issued for the project at a cost of $12,035.42. It provided for the addition of a 1 -inch asphalt leveling course beneath the glass grid fabric. The final overall construction cost was 20.52 percent over the original bid amount. Additional funds in the amount of $26,000 are needed for this project and are available in the unappropriated balance of the Gas Tax Fund. $21,500 is needed for construction costs and an estimated $4,500 is needed for soils and asphalt testing authorized as a component of the increased quantities constructed. Staff recommends Council approval of a Budget Amendment appropriating an additional $26,000 from the unappropriated balance of the Gas Tax Fund to Account No. 7181- C5100643. Funds for the project were expended in the following account: Description Account No. Amount PMP Major Maintenance Reconstruction 7181- C5100643 $243,748.93 The original scheduled completion date was September 14, 2002. All work was completed on November 27, 2002, the extended completion date. Environmental Review: (Not applicable) Prepared by: R. Gunther, P.E. Construction Engineer Submitted by: - -Sf phen G. Badum Public Works Director rty 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- 029 AMOUNT: E2e,000.00 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expenditure appropriations for the Street Improvement Project, Monrovia Avenue, C -3471. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 180 3605 Gas Tax Fund Balance REVENUE ESTIMATES (3601) Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: Description 7161 Gas Tax C5100643 PMP Major Maintenance Reconstruction Financial Approval: Administrative Services Administrative Approval: City Manager City Council Approval: City Clerk Amount Debit Credit Automatic $26,000.00 DZ Date Date Date lty of Newport Beach 0 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 X from unappropriated fund balance EXPLANATION: NO. BA- 029 AMOUNT: $26,000.00 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expenditure appropriations for the Street Improvement Project, Monrovia Avenue, C -3471. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 180 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Gas Tax Fund Balance Description Signed: Signed: Signed: City Council Approval: City Clerk DEC 1 r AN Amount Debit Credit $26,000.00 $26,000.00 / 2 i/ O L Date / ate /( Date Description Division Number 7181 Gas Tax Account Number C5100643 PMP Major Maintenance Reconstruction Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: City Council Approval: City Clerk DEC 1 r AN Amount Debit Credit $26,000.00 $26,000.00 / 2 i/ O L Date / ate /( Date R� CI'T'Y OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 December 18, 2002 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the Balboa Village Improvements Phase 1 Project (C- 3333); Notice of completion for the Street Improvements: Monrovia Avenue from 15"' Street to 16"' Street and 15'" Street from Monrovia Avenue to Superior Avenue Project (C- 3471); and Notice of Completion for the Buck Gully Sewer By- Pass /Siphon Abandonment Project (C -3566) 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 . • • RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt rom reco ing fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Ben's Asphalt, Inc. of Santa Ana, California, as Contractor, entered into a Contract on June 11, 2002. Said Contract set forth certain improvements, as follows: Street Improvements: Monrovia Avenue from 15th Street to 16t" Street and 15"' Street from Monrovia Avenue to Superior Avenue (C -3471) Work on said Contract was completed on November 27, 2002, and was found to be acceptable on December 17, 2002, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Travelers Casualty & Surety Company of America. lic Works Director of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on i�� x002— —,at Newport Beach, California. BY V- 2 City Clerk 0 t CITY OF NEWPORT BEACH NOTICE INVITING BIDS CITY CLERK I Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915 until 11 :00 a.m. on the 30th day of May 2002, at which time such bids shall be opened and read for STREET IMPROVEMENTS: MONROVIA AVENUE FROM 15TH STREET TO 16TH STREET AND 15TH STREET FROM MONROVIA AVENUE TO SUPERIOR AVENUE Title of Project Contract No. 3471 $242,000.00 Engineer's Estimate Approved by (�— Stephen G. Badum ,Public Works Director O&1 G\� r�tiQ_�r �a 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. Luy. Protect Manager at (949) 644 -3330 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT STREET IMPROVEMENTS: MONROVIA AVENUE FROM 15TH STREET TO 16TH STREET AND 15TH STREET FROM MONROVIA AVENUE TO SUPERIOR AVENUE CONTRACT NO. 3471 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 2 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT STREET IMPROVEMENTS: MONROVIA AVENUE FROM 15TH STREET TO 16TH STREET AND 15TH STREET FROM MONROVIA AVENUE TO SUPERIOR AVENUE CONTRACT NO. 3471 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 0 10 compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 668417 C12 Contractor's License No. & Classification Ben's Asphalt, Inc. Bidder Chief AinaN\c5l Officer 5/21/ Date Cl CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT STREET IMPROVEMENTS: MONROVIA AVENUE FROM 15TH STREET TO 16TH STREET AND 1 STH STREET FROM MONROVIA AVENUE TO SUPERIOR AVENUE CONTRACT NO, 3471 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 1 Newport Beach, a charter city, in the principal sum of Ten Pprrpnt of a .... t R; a ------------- - - - - -- Dollars ($ i a% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of STREET IMPROVEMENTS - MONROVIA AVENUE FROM 157" STREET TO 16TH STREET AND 15TH STREET FROM MONROVIA AVENUE TO SUPERIOR AVENUE, CONTRACT NO. 3471 in the City of Newport Beach, is accepted by the City Council of the City, of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to duly enter into and execute the Contract Documents for the construction of the project in the form required within ten days (10) (not including Saturday, Sunday, and federal holidays) after the date of the mailing of Notice of Award: otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 23rd day of May 2002. Ben's Asphalt, Inc. Name of Contractor (Principal) Aut ri Si to ine e W. f FYron al Offioer Travelers Casualty ✓k Surety Company of America Name of Surety Authon' nt Signat 21688 Gateway Center Dr. Diamond Bar, CA 91765 Donald L. Wood, Attorney -In -Fact Address of Surety Print Name and Title 909- 612 -3647 Telephone (Notary acknowledgment of Principal & Surety must be attached) 5 RECEIVED 13- MAY -02 16:02 FROM - 7145401709 TO- Wood-Gutmann Ins PAGE 002 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange I SS. 0 r On f %q before me, Jan–Ellen B. Strudwick /Notary Public Date Name and Title 9t,01ficer (e g.'Jane Doe, Notary Public') personally appeared V. WjNot�fy -ELLEN B. STRUDWICKN ol 1201391 c Public-Caldornia '' CO ra nge County a EMBER 12E Place Notary Seal Above V personally known to me ve on asis \ev4 n e_,,- to be the person whose nam is e subscribed to the within instrument and acknowledged to me that hehshelrthey executed the same in his /bef /tne4f authorized capacity.( s}, and that by his /k:erhMir signature(Won the instrument the personjsf or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand an�LofFcial seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: d Individual 0 Corporate Officer — Title(s): d Partner — ❑ Limited C7 General' 0 Attorney in Fact Trustee Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHTTHUMBPRINT OF SIGNER © 1997 National Notary Association • 9350 De Soto Ave.. P D. Box 2402 • Chatsworth. CA 91313 -2402 Prod No. $907 Reorder: Call Toll -Free 1- 800 -876 -6827 0 i CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California Orange } ss. County of 4 J On 5/23/02 before me, Paula Rosecrans Dale Name and Title of Officer (e.g. 'Jane Doe, Notary Public') personally appeared Donald L. Wood Name(s) of Signer( .,) PAULA ROSECRANS S COMM. #1259428 m 0) Notary Public•Califomia q W ORANGE COUNTY + MY Corrrn. Exp. April 3, 2004 Place Notary Seal Above per known to me /proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon-)behalf of which the person(s) acted, executed the instFulnTen� l WI Wmy and and offi seal. of Notary P,1u,c 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: Bid Bond for Ben's Asphalt / City of Newport Beach Document Date:` 5/23/02 Number ofPages: Signer(s) Other Than Named Above: Principal ` Capacity(ies) Claimed by Signer Signer's Name: _ Donald L. Wood Individual Top of thUmt': here -' Corporate Officer — Title(s): ..� Partner Limited +_; General /Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Travelers Casualty & Sure ty,Cc of erica / Wood— Gutmann Insurance 9 1999 Neliwy Notary Assn is job • 9350 Ne SoloAva. PO Bw 2402 • Cl,alswwl9. CA91313 -2402 • w.rwnepmeL,oldry vp Plod N. 5907 Remtler_ Gar TWIBree }3o(i-M -6611 1 LN NVITNESS 1NHEREOF, TRAVELERS CASUALTY AND SURETY" CONfPAVY OF ANIERICA, TRAVELERS CASUALTY :#YD SURETY COMPANY and FARNILNGT05 CASUALTY CONMACNY hate caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 5th day of Juiv. 2000. STATE OF CO ?Z-CTICLi jSS Hartford COUNTY OF 'i4R%0RD (9(9'(D TRAVELERS CASUALTY A-ND SURETY CONIPAN\ OF A-NIERICA TRAVELERS CASUALTY A.4D SURETY COMPANY FARJNMs�GTON CASUALTY CONSPA.N"Y George W. Thompson Senior Vice President On this 5th day of July, 2000 before me personally came GEORGE W. THOMPSO:V to me known, who, being by me duly sworn, did depose and say: that helshe is Senior Vice President of TRAVELERS CASUALTY AND SURETY CONMANY OF AMERICA, TRAVELERS CASUALTY AND SURETY CONIPANY and FARMINGTON CASUALTY CONI [PANY, the corporations described in and which executed the above instrument, that he /she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals, and that he /she executed the said instrument on behalf of the corporations by authority of his he: office under the Standing Resolutions thereof. S My commission expires June 30, 2001 Nctary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY CONIPA. \Y OF A IERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FA 0IMTON CASUALTY CONIP.A_ \Y, stock corporations of the State of Connecticut. DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked, and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company. in the Cin of Hartford. State of Connecticut Dated this 23rd dad' of May , 2002. / ((D a l'J/ KoriM.Johanson Assistant Secretary, Bond pagozue sr it gonjm 01 sulgm.iapvn zo puoq Aun? of ioadsaj gltm aznlnj mp u! 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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 T�,;lecnF, - l ec� Do C.C>0 m N 1 f t,Y) I o K Je (Stile I CA. I QxrorezCons-1?-.0-c) acll)1_6+vy)e��t� oal nLj I Orarcle, C Ownp j no ao�S End Sa t fY nee I CA Ben's Asphalt, Inc. Bidder 6John W \9J6ettf ngton /C.F.o. 5- a_ -��, 3: �3PM; Beric as,ona�t �iag�Ct �J9 P' CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT STREET IMPROVEMENTS: MONROVIA AVENUE FROM 15TH STREET TO I STREET AND ' 15TH STREET FROM MONROVIA AVENUE TO SUPERIOR AVENUE CONTRACT NO. 3471 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formlil Please Print or type, Ban's Agialt, 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 FaCUIUCS RXP31-t SaVI-CeS & mhrb -Z Eimiatary Sciml Project Description 87,161 SF cf Grading & PAR tD a 4" d4*h / 115,000 W c£ grading & PM to 4" Approximate Construction Dates: From 7/24/00 Tn. 7/30/01 C Lade rhif;a3 Sdnal ristxict: Agency Name Contact Person sbae Telephone (618) 242 -0003 Original Contract Amount $� .630-final Contract Amount $ 257,834.39 If final amount is different from original, please explain (change orders, extra work, etc.) Ctarr3e Order fur w#Er pxtlLes c ach wee find. 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. 7 a 1 No. 2 UiibEd Stags FWW Service / Anaheim ranym Stat P Project Name /Number Project Description 48,563 SF place 2.5' PC m 7' AB & 56,390 SF Weed kill Approximate Construction Dates: From 10/3/01 To: 10/6/01 Agency Name Barry a nb:aar , Inc. 1 Contact Person B9 Lim Telephone (909) 985-9667 Original Contract Amount $ 61L985.00Final Contract Amount $61,985.00 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. [3� No. _4 Project Name /Number Project Description 870 SF cf tM 4»4z / 80,583 W of AC WXc / 80,583 SF of SM1 Wr` Also, Sbapllig 7/24/01 8/9/01 Approximate Construction Dates: From To: Agency Name Oatralia School DLsb7i t Brian ,7oh 9m Contact Person 714-22B-3140 Telephone ( 71 � VA" W101 Original Contract Amount $113,750 TFinal Contract Amount $ 117,200.00 If final amount is different from original, please explain (change orders, extra work, etc.) M •1: 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. M _- �_ -G2: 6�f3PN1; E6�1S / { <pfl�'C i1S1C1 )09 No. 4 ' Project Name /Number Aar ` Lbi`ersitrr MaAfe'' Jc' f/9366M Project Description 47,834 W X V am V CM Base/ 54,506 SF I' X m r;' M a Base / 1,395 Jk InStaU 2Kb raaCtr M= 1 IULJ41 l Approximate Construction Dates2'rom �sa31 To: 10/31/01 10/17/0-1, Agency Name c;cmt Gm�zal Oxtrwbxs ' Contact Person Mi10 Hwa Telephone ( ) 438 -7500 Original Contract Amount $136,440.07inal Contract Amount $136.440.00 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 4zdym tl.E y Sdrol, ,iaOala / Jcb MA4RG Project Name /Number i 1 Project Description 18,860 8F cf 3" AC am G' ¢a Base / 336 ST•' cE z' X / 18,860 W cf teed kill Approximate Construction Dates: From 7/18/01 To: 7/21/01 Agency Name AM QXstziX -'b=, L-C' Contact Person QrYl vza53bz9 909 772 -5183 Telephone ( ) Original Contract Amount $2, Final Contract Amount $25,285-00 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. W E No. 6 Project Name /Number Iat M & Uet�an StXhW Dbe al Acts Gvps, Ialg Rnch Project Description 125,333 S of W',� 4' AC am 6' Q.0 >3533 / 21,500 Sr' R&R Ari 4" m 6' CM Base 60,760 SF PSR 41 K; rn CUJ B &qe 7 331,781 SF of Approximate Construction Dates: From 7/27/01 Agency Name Lorri arch city cb ] Sclnay Mkhis (562)938 -4215 or Sattird. (arsite) Contact Person Telephone ) 93,9 4 is 8/1/01 Original Contract Amount $557.111.00Final Contract Amount $557.111.00 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 C tractors current financial conditions. )BRn' S Asl3alt, Inc. Bidder Au a ' n ture/Title W. Chief Firaraia7. office 10 ,AWASPI—IALT, INC. REFERENCE LIST 11 Bassett Unified School District Long Beach Community College District 904 North Willow Avenue 4901 East Carson Street La Puente, CA 91746 -1696 Long Beach, CA 90808 Bob Cornell (626) 918 -3487 Steve Wheeler (562) 938 -4111 Burbank Unified School District 330 North Buena Vista Street Burbank, CA 91505 Ali A. Kiafar (818) 558 -4600 Claremont Unified School District 2080 North Mountain Avenue Claremont, CA 91711-2697 Steve Lowe (909) 398 -0609 Fullerton Union High School District 1027 South Leslie Street La Habra, CA 90631 Bill Nance & Fred Diamond (714) 680 -5601 Fountain Valley School District 17210 Oak Street Fountain Valley, CA 92708 Ken / Ian (714) 843 -3201 Garden Grove Unified School District 8211 Lampson Garden Grove, CA 92641 Arkie (714) 663 -6390 Glendale Unified School District 223 North Jackson Glendale, CA 91206 Steve Vartanyan (8 18) 241 -3111 x470 Hemet Unified School District 2350 West Latham Avenue Hemet, CA 92545 (909) 765 -5100 Huntington Beach Unified School District 10251 Yorktown Avenue Huntington Beach, CA 92646 -2999 Ed Baker(714)964 -3338 Long Beach Unified School District 1515 Hughes Way Long Beach, CA 90801 John Nimmons (562) 997 -8000 x1504 North Orange County Comm. College District 1000 North Lemon Street Fullerton, CA 92832 -1351 Linda York (714) 578 -8463 Mt. San Antonio Community College District 1100 North Grand Avenue Walnut, CA 91789-1399 Placentia Yorba Linda Unified School District 1301 East Orangethorpe Avenue Placentia, CA 92670 Pete (714) 985 -8440 Redondo Beach Unified School District 1401 Inglewood Avenue Redondo Beach, CA 90277 Steve Fowler (310) 379 -5449 Saddleback Valley Unified School District 25631 Diseno Drive Mission Viejo, CA 92691 Charles Butler (949) 580 -3270 Torrance Unified School District 2335 Plaza Del Amo Torrance, CA 90509 Patrick (310) 533 -4212 Westminster School District 14121 Cedarwood Avenue Westminster, CA 92683 -4482 Kenneth A. Fiolka (714) 894 -7311 2200 S. Yale St., Santa Ana, CA 92704 -4427 / Phone (714) 540 -1700 — Fax (714) 540 -1709 Attachment Construction Experience Of Key Individuals Mike Brown Project Manager 32 Years Robert Ortega Project Superintendent 31 Years CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT STREET IMPROVEMENTS: MONROVIA AVENUE FROM 15TH STREET TO 16TH STREET AND 15TH STREET FROM MONROVIA AVENUE TO SUPERIOR AVENUE CONTRACT NO. 3471 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of Orange ) John W. Skef f ington , being first duly sworn, deposes and says that he or she is Chief Financial Officer of Ben' s Asphalt, Inc.-, the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. h Ben's Asphalt, Inc. :..-1 Subscribed and sworn to before me this 21st otary Public My Commission Expires /1 202 11 Officer 2002. [SEAL] r JAN -ELLEN B. STRUDWICK i COMM.# 1201391 Notary Public-Calitornia Orange County A. �.: My Commission Expires NOVEMBER 12, 2002 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT STREET IMPROVEMENTS: MONROVIA AVENUE FROM 15TH STREET TO 16TH STREET AND 15TH STREET FROM MONROVIA AVENUE TO SUPERIOR AVENUE Bidders name CONTRACT NO. 3471 DESIGNATION OF SURETIES Ben's Asphalt, 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): Insuranee & Bonds Wood - Gutmann Insurance Brokers (714) 505 -7000 Attn: Blanca Roque 14192 Franklin Ave., Ste -200, Tustin, CA 92780 Insurance: Dodge, Warren & Peters Insurance Services, Inc. 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT STREET IMPROVEMENTS: MONROVIA AVENUE FROM 15TH STREET TO 16TH STREET AND 15TH STREET FROM MONROVIA AVENUE TO SUPERIOR AVENUE CONTRACT NO. 3471 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name Ben's Asphalt, 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 Total dollar Amount of '{IiDCLiCt� '�Gi Z(� Contracts in Lv ADD i Thousands of $ No. of fatalities (D Cl L No. of lost Workday Cases j -Z No. of lost workday cases involving permanent \ transfer to V U ( V v another job or n 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 Ben's Asphalt, Inc. Business Address: 2200 S. Yale St. , Santa Ana, CA 92704 Business Tel. No.: (71 4) 540-1700 State Contractor's License No. and Classification: 668417 Title John W. Skeffington /Chief Financial 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 Vcords. Signature of bidder Date Title Signature of bidder Date Title 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 Officer CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT STREET IMPROVEMENTS: MONROVIA AVENUE FROM 15TH STREET TO 16TH STREET AND 15TH STREET FROM MONROVIA AVENUE TO SUPERIOR AVENUE CONTRACT NO. 3471 ACKNOWLEDGEMENT OF ADDENDA Bidders name Ben's Asphalt, Inc. The bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Signature 15 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT STREET IMPROVEMENTS; MONROVIA AVENUE FROM 15TH STREET TO 16TH STREET AND 15TH STREET FROM MONROVIA AVENUE TO SUPERIOR AVENUE CONTRACT NO. 3471 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: Ben's Asphalt, Inc. Business Address: 2200 s. Yalb St., Santa Ana, CA 92704 Telephone and Fax Number: ( 71 4) 540-1700 California State Contractor's License No. and Class: 668417 C12 (REQUIRED AT TIME OF AWARD) Original Date Issued: 1961 Expiration Date: T/31/�0� 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: Mike Brown / Project Manager 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 William P. Skeffington /President William J. Skeffington /Vice President John W. Skeffington /Chief Financial Officer Corporation organized under the laws of the State of California 16 0 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: 0 All current and prior D.B.A.'s, aliases, and fictitious business names for any principal having interest in this proposal are as follows: 0 For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with project owners (public agencies, private companies, etc...) in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; 0 Briefly summarize the parties' claims and defenses; 0 State the tribunal (i.e., Superior Court, American Arbitration Association, etc.) the matter number and outcome. 0 Have you ever had a contract terminated by the owner /agency? If so, explain. No 17 0 9 Have you ever failed to complete a project? If so, explain. No Have you ever been terminated for cause and then had it converted to a "termination of convenience "? If so, explain. No For any projects you have been involved with in the last 5 years did you have any claims or actions: Circle One 1. By you against the owner? Yes / No 2. By the owner against you? Yes / No 3. By any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.) 4. Yes / No 4. By Subcontractors (Stop Notices, etc.) Yes / No 5. Are any claims or actions unresolved or outstanding? Yes / No If yes to any of the above, explain. (Attach additional sheets, if necessary) 0 Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. Ben's Asphalt, Inc. Bidder Subscribed and sworn to before me this William J. Skeffington /Vice President (Print name f Owner or President of Corporat'o /Company) Au o 'z d a re/Title J hn fington hi f i ncial Officer Title 5/24/02 Date 24th dayof Ma [SEAL] JAN -ELLEN B.STRUDWICK A r t COMM.011201391 „N), Notary Public- California ..� y - d Orange County - My Commission Ex Tres NOVEMBER 12, 2002 r 18 2002. 9 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT STREET IMPROVEMENTS: MONROVIA AVENUE FROM 15TH STREET TO 16TH STREET AND 15TH STREET FROM MONROVIA AVENUE TO SUPERIOR AVENUE CONTRACT NO. 3471 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 Ratinq 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 STREET IMPROVEMENTS: MONROVIA AVENUE FROM 15TH STREET TO 16TH STREET AND 15TH STREET FROM MONROVIA AVENUE TO SUPERIOR AVENUE CONTRACT NO. 3471 CONTRACT THIS AGREEMENT, entered into this 11th day of ,7ure , 2002, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Ben's Asphalt, Inc., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: STREET IMPROVEMENTS - MONROVIA AVENUE FROM 15TH STREET TO 16TH STREET AND 15TH STREET FROM MONROVIA AVENUE TO SUPERIOR AVENUE. Project Description 3471 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. 3471, 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 20 0 0 activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of two hundred two thousand, two hundred forty -nine and 00/100 Dollars ($202,249.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN depositing the same in the U.S. Mail shall perform NOTICE any written notice required to be given under the Contract Documents, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Stephen J. Luy (949) 644 -3330 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: CONTRACTOR Ben's Asphalt, Inc. 2200 S. Yale Street Santa Ana, CA 92704 714 -540 -1700 714 - 540 -1709 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 ! 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 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages i. 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. Failure to enter into the contract within 30 calendar days or to conform to any of the stipulated requirements shall be just cause for the annulment of the award and forfeiture of the bidder's security. In the event the bidder to whom an award is made fails or refuses to execute the contract or submit the required insurance and bond documents 23 within the said time, the City may declare the bidder's security forfeited, and may award the work to the next lowest responsible bidder, or may call for new bids. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 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 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. 24 0 0 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. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: V tJZ J CITY CLERK APP ED AS TO FORM: CITY ATTORNEY 25 CITY OF NEWPORT BEACH A Municipal Corporation By:' Mayor BEN'S ASPHALT, INC. M and Title ACCQRD CERTIFICAI&OF LIABILITY INSU C� ENSA - CSR 5 BR DATEIMM /DONY) 06/17/02 PRODUCER - THIS CERTIFICATE IS 19IIIIIIIIED AS A MATTER OF INFORMATION W6od- Gutmann Insurance Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License, #067.9263 14192 Franklin Ave., Suite 200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Tustin CA 92780 -7044 Phone:714 -505 -7000 Fax:714 -573 -1770 INSURED .INSURER A: St. Paul Fire and Marine INSURER B: Gulf Insurance Co. _ Ben's Asphalt & Seal Coating, Inc. & TCK Leasin g. Inc. 2200 S. Yale Street Santa Ana CA 92704 INSURER C: _... INSURER D: - -- - — INSURER E. $1,000,000_ COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE j LTR POLICY NUMBER POLICY EFFECTIVE DATE MM /DDNY PO ICY E %PIRATION DATE MM /DD/YY LIMITS GENERAL LIABILITY A x COMMERCIAL GENERAL LIABILITY I X CLAIMS MADE a OCCUR _ KK06100042 j 03/01/02 03/01/03 EACH OCCURRENCE $ 1, OOO, 000 FIRE DAMAGE (Any one fine)) $100,000 MED EXP(Anyane perso) ! $! $ 5, 000 PERSONAL &ADV INJURY $1,000,000_ GENERAL AGGREGATE $ 2, 000, 000 kGE� 'L AGGREGATE LIMIT APPLIES PER POLICY $ I PRO- POLICY EC7 I LOG PRODUCTS - COMP /OP AGO $2,000,000 —_ -- AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OW NEOAUTOS -._ r _ `: '�' T�,j.?t. , r?ific`C/ltF♦'-LL., :T All, 4)LI 1C) {$i.)e�. -- J(Peracroident) COMBINED SINGLE LIMIT (Ea accident) $ (Per INJURY (Per person) $ BODILY INJURY $ — PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY, EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: ASS $ $ B EXCESS LIABILITY K OCCUR 17 CLAIMS MADE DEDUCTIBLE X RETENTION $ 0 GA2857118 03/01/02 03/01/03 EACH OCCURRENCE $2,000,000_ AGGREGATE $ 2,000,000 I $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY I STATU- TORY LIMITS I ER� E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ OTNER DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS *10 days notice of cancellation for non payment of premium. See attached note -pad for additional insured information. RE: Contract #3471 - Street Improvements: Monrovia Ave. from 15th Street to 16th Street and 15th Street from Monrovia Avenue to Superior Avenue. xxx n unHL msV nt V; Ins Vncn LC....: 1 .I.LLNr IvN NEWPO -4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL *'A 0 DAYS WRITTEN City Of Newport Beach NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Public Works Department 3300 Newport Blvd. Newport Beach, CA 92663 ACORD 25-S (7/97) 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 (7/97) 0 0 POLICY NUMBER: KK06100042 COMMERCIAL GENERAL LIABILITY This endorsement changes the policy. Please read it carefully. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: "AS REQUIRED BY WRITTEN CONTRACT" City of Newport Beach Public Works Dept., it's officers, officials, employees, volunteers and agents. RE: Monrovia Ave. from 15`h Street to I e Street and 15`h Street from Monrovia Ave. to Superior Ave. (If no entry appears above, information required to complete this endorsement will be shown in the Declaration as applicable to this endorsement.) WHO IS AN INSURED (Section I1) 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 further agreed that such insurance as is afforded by this policy for the benefit of the above Additional Insured(s) shall be primary insurance as respects any claim, loss or liability arising out of the Named Insured(s) operations, and any other insurance maintained by the Additional Insured(s) shall be excess and non- contributory with the insurance provided hereunder. CG 20 1011 85 Copyright, Insurance Services Office, Inc., 1984 ❑ CG201086 1/99 0 CONTRACTORS RECOVERING ;AMAGES FROM A THIRD PARTY ENDORSEMENT This erdcrsement chances your Commercial General Llatiiity Pro��cticn. SE,`!'S ASPHALT & SEAL COATING POLICY - KK06100042 03/01/02 - 03/ -1/03 How Coverage Is Changed The following replaces the Racoverinc Damages From A Third Party section. Recovering Damages From A Third Party A. ^y prc :ec:ad person under This policy may t:a a`-le to raccvar all or part of a loss fro—.. se,m =some oth:ar than us. Because of this, each �rpteC`.ad per=son rust de all that's cosslt!e a--,Sr a loss to preserve any right of racovary available. If we ma: <e a payment urdac this policy that right of recovery will belong to us. But we will not have thin right of reccv=ry against any: • parent; • owred or ccrtrcilad subsidiary; or • affiliatad company where you have management control. We will work with you or any protested p=rom in t:iz exereioe of our right of recovery. If we recover any amount. it will be distributed in the following marnar. • You or any protected person will be reimbursad first for the loss net covered ty insurance. 0 71�StPAUi • ,Next, lire wiil to ent ".led to a,-,y rem_in;ng balance, up to tae amount paid uncer this Policy to raimturse us fully. • Trent if any amount re, ,airs, you cr any ether protected perscr arc ertitled tc the excess, However c , expansas of recovery Frceecirgs will be divice_ t ;-Ze 5ama relic as C-a rEczvary is share_. 9ui if we are mac it a rig-. cf r =_cove:: iciaatad Solely a; our r- gUas :, we Mil t:a reszorelpls for the reccverr expenses, We will waive cur right of recovery against any person or cr_anizscion if you are reculred In a conzract with that person cr organization to waive the. rich:. Rut we'll do $c only for payments we make because, of covered injury or damage that results from wort done ty or far you under that contract. And only if you enter into ehet contract befcra the Injury or damage happens. Other Terms All other terms of your policy retain the same. 9--�7 r- rintec it U.S.A. -ACORD CERTIFICAT&OF Dodge Warren 6 Peters- Torrance 3625 Del Amo Blvd., #300 Torrance CA 90503 - Phone:310- 542 -4370 Fax:310- 542 -1803 INSURED Ben's Asphalt Znc. 2200 S. Yale fit. Santa Ana CA 92704 :OVERAGES BILITY INSU C DATE N2 06/04/02 THIS CERTIFICATE IS JED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER National Union Fire Insurance INSURER B. """ ` "`_`_`_`_`_` . INSURER G . INSURER D' THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR City of Newport Beach, Public Works Dept. MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH 3300 Newport Blvd. POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Newport Beach CA 92663 R�X'Dlii€3CX INSR I POLICY EFFE TIV POLICY EXPIRATION. LTR TYPE OFINSURANCE POLICY NUMBER DATE MMIDD/YY DATE MWDDNY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY I I I `FIRE DAMAGE (Any one fire) $ -� CLAIMS MADE I OCCUR I I - D EXP (My one person) S i PERSONAL SADV INJURY 11 _ GENERAL AGGREGATE $ " GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS- COMPIOPAGG $`� . .. POLICY. PRO- JECT LOC ' AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT gS1,000,000 A X ANY AUTO AL8261063 03/01/02, 03/01/03 ALL OWNED AUTOS BODILY NJURY SCHEDULED AUTOS (Per parson) p. $ X- HIRED AUTOS ' BODILY INJURY - � X NON -OWNED AUTOS I (Per acdtlenp $ _ ._. .. PROPERTY DAMAGE $ (Per acotlent) GARAGE LIABILITY 'AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC AUTO ONLY. AGGIS EXCESS LIABILITY I EACH OCCURRENCE $ OCCUR CLAIMS MADE i :AGGREGATE 8 $ I DEDUCTIBLE $ RETENTION 8 ) $ WORKERS COMPENSATION AND X TORY LIMITS! ER EMPLOYERS' LIABILITY A WC7085095 ' 03/01/02 ` 03 /01 /03 EL EACHACCIDENT $1,000,000__ E.L DISEASE EA EMPLOYEE! $ 1 , 000,000 _ E.L. DISEASE - POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERA TIONSILOCAnONSNEHICLEWEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS *Cancellation is amended to 10 day notice for non - payment. City of Newport Beach, Public Works Dept., It's Officers, Officials Employees and Volunteers are additional insureds as respects to the Automobile Liability policy. RE: Contract #3471 - Street Improvements: Monrovia Ave. from 15th St. to 16th St. and 15th St. from Monrovia Ave. to Superior Ave. XXXX CERTIFICATE HOLDER N `. ADDITIONAL INSURED: INSURER LETTER: CANCELLATION C_NE pD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WILL J)aVWE3= MAIL - }�''!, DAYS WRITTEN City of Newport Beach, Public Works Dept. NOTICE TO TvHEvC�cEvRTIFICATE HOLDER NAMED TO THE LEFT 3300 Newport Blvd. IMSx�Prggp Newport Beach CA 92663 R�X'Dlii€3CX AUTHORIZED REPRESENTA VE James C. rtor n- owe AL UKU LD -b tl /Y () \`� VAGORD CORPORATION 1988 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 endorsemenl(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 (7/97) POLICY NUMBER: AL82610 EFFECTIVE DATE: 311102 COMMERCIAL *O INSURED: Ben's Asphalt, Inc. Ben's Asphalt & Maintenance Division Medina Construction Cal -State Paving Co., Inc. ADDITIONAL INSURED ENDORSEMENT The person or organization shown in the schedule is an additional insured under the provisions of CA 0001 12 93 Section 11 1 c. NAME OF PERSON OR ORGANIZATION City of Newport Beach, Public Works Dept., It's Officers, Officials Employees and Volunteers RE: Contract #3471 - Street Improvements: Monrovia Ave. from 15th St. to 16th St. and 15th St. from Monrovia Ave. to Superior Ave. BY l J es . Martorano, Vice President 0 0 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different date is indicated below. (1 he following " auachmn- clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective 12:01 AM 311102 forms a pan of Policy No. WC7085095 Issued to: Ben's Asphalt; Cal -State Paving Co., Inc.; Medina Construction; Ben's Asphalt Maintenance, Inc. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA Premium: TBD AT AUDIT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization City of Newport Beach, Public Works Dept., It's Officers, Officials Employees and Volunteers Job Description RE: Contract 9347I - Street Improvements: Monrovia Ave. from 15th St. to 16th St. and 15th St. from Monrovia Ave. to Superior Ave. WC 04 03 06 Countersigned by ctt�C ` l U (Ed. 4 -84) James Ma orano, Authorized Representative JUN -14 -2002 FRI 02:01 PM CAL SURANCE FAX N0, 7149391654 � l�1��Lv�1�f-331�'• CERTIFICATE OF INSURANCE CHECKLIST CITY OF NEWPORT BEACH THIS CHECKLIST IS COMPRISED OF REQUIREMENTS AS OL'fLINED ABY THE CITY OF NEWPORT BEACH. P, 01 /01 DATE RECEIVED: ISTI/ 13 ' C6 DEPARTMENT /CONDTACT RECEIVED FROM: '5 l Au n11 ix aU y � - DATE COMPLETED: C7 ;- SENT TO: C � Q to n CJ.. BY: A ✓1 COMPANY/PERSON REQUIRED TO HAVE CERTIFICATE: js�ls As Q l± I. GENERAL LiABII.ITY: -'' \ A. INSURANCE COMPANY:. B. AM BEST RATING (A VII or greater)"; fl )C y C. ADMITTED COMPANY: ( Must be galifotmia Admitted- ) Is e�pany admitted in California? Yes No D. LDvflTS: (Must be $1,000,000 or grehtar) What is lim�bvided? c 1 o L c E. PRODUCTS AND COMPLETED OPRIATIONa` (Must Include) Is it included. o F. ADDITIONAL INSURDED WORDING TO INCLUDE: ( The City its officer , agents, officials, employees and vo Is it included? Yes No - _ G. PRIMARY AND NON CONTRIBUTORY WORDING: (Must be included) Is it included? Yes-y- es Na_ R. CAUTION! ( Confirm. that loss or liability of the Named insured is not limited solely by their negligence.) Does endorsement include "solely by negligence" wording? Yes No- --�c I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley the City will accept the endeavor wording. IL AUTOMOBILE LLABILIY: _ A. INSURANCE COMPANY: 11 Q eQ U fit i an Ej t' e, _!_.Y1 S . B. AM BEST RATING (A VI or greater): H X C. ADMITTED COMPANY: (MUST BE CA�IFORNLA ADMITTED) Is company admitted? Yes-, No D. LIMITS: ( Must be $1,000,000 minimum BI Ba.PD and 5500,000 UM) What is limits rovided? T i; `t'1— E, ADDITIONAL INSURED WORDING TO INCLUDE: (The City-its officers a fficials, employees and volunteers). Is it included? Yes N<� No` * +nti 55l ^j r) /&" F. PRIMARY AND NON CONTRIBUTORY WORDING: (For Waste Haulers Only). Is it included? Yes G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley the City will accept the endeavor wording. Ill. WORKERS COMPENSATION: A. INSURANCE COMPANY: dhas- 'r 0Y1 r B. AM BEST RATING (A VII or greater) C. LIMITS: Statutory D. WAVIER OF SUBROGATION; (To include). Is it included? Yes-2�7No t HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes_ No IF NO, WHICH ITEMS NEED TO BE COMPLETED? a- S .-v)1 SS) n c. ,I/T 4 r ter( t^ I,- (n n` � %- I /-,. kt^ License Detail Page I of 2 California Home Fridav, June 14, 20C2 License Detail CALIEORNIA_CONTRACTORS STATE�ICENSE BOARD Contractor License # 368761 DISCLAIMER A license status check provides information taken from the CSLB license data base. Before relying on this information, you should be aware of the following limitations: • CSLB is prohibited by law from disclosing complaints until they are referred for legal action. • Per B &P 7071.17, only construction related civil judgments known to the CSLB are disclosed. • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. • Due to workload, there may be relevant information that has not yet been entered onto the Board's license data base. Extract Date: 06/1412002 * * * Business Information * * * W A RASIC CONSTRUCTION COMPANY INC 11126 WRIGHT ROAD LYNWOOD, CA 90262 Business Phone Number: (310) 886 -0590 Entity: Corporation Issue Date: 01/2211979 Expire Date: 01/31/2003 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications * * * Class Description 0 GENERAL ENGINEERING CONTRACTOR * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 6722854 in the amount of $7,500 with the bonding company _UNITED PACIFIC INSURANCE COMPANY. Effective Date: 02/01/2000 http:// www2. csib. ca. gov/ CSLB_LIBRARY/License +Detail.asp 06/14/2002 License Detail Is • Page 2 of 2 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) WALTER A RASIC certified that he /she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 01/01/1980 * * * Workers Compensation Information * * * This license has workers compensation insurance with the STATE CQWPENSATION INSURANCE FUND Policy Number: 7693024 Effective Date: 07/01/2001 Expire Date: 07/0112002 Workers Comdensation History[ Personnel listed on this license (current or disassociated) are listed on other licenses. Personnel List Other Licenses License Number Request Contractor Name Request Personnel Name Request Salesperson Request Salesperson NarijeRequest C 2001 State of Oalifornia. Gay Davis_ Governor. Condi;iois of Use, Privacy Polley http:// www2. cslb. ca. gov/ CSLB_LIBRARY/License +Detail.asp 06/14/2002 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL STREET IMPROVEMENTS: MONROVIA AVENUE FROM 15TH STREET TO 16TH STREET AND 15TH STREET FROM MONROVIA AVENUE TO SUPERIOR AVENUE CONTRACT NO. 3471 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. 3471 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization bg60 [CC, and Cents lPu1Lo IC0' $ &qoo^co Per Lump Sum 2. Lump Sum Traffic Control I100 a Dollars and L 1 Cents Z10G.Du^ $ Per Lump Sum 3. Lump Sum Clearing and Grubbing x�Le'Li ►hyCVft�l'D llars and Cents )a5C',06 $ l �G,00 Per Lump Sum 0 • PR2of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 2 Each of Prune Trees and N Q Cents Per Each 5. 30 L.F. Install Root Barrier Ar!?i'}Dollars and n G Cents Per Linear Foot 6. 2,370 S.Y. Cold Mill A.C. Roadway @_LAP Dollars and 1— Cents Per Square Ya d 7. 50 L.F. Remove Existing and Install 15 -Inch RCP, 2500 -D, Storm Drain @ f1Jgoo l % CVCCL Dollars and ^ (1O Cents Per Linear Foot & 3,610 S.Y. Install GlasGrid Pavement Fabric $ Roloc) $ -21,0 $ -780,00 $ zoc.aa $ ,apx,,00 @Ct('Cl Dollars and 1) 0 Cents $ 1 Q G $ 25,210 -00 Per Square Yard 9. 1,390 Tons Remove Existing and Construct 6 -Inch Thick Crushed Miscellaneous Base nJ Dollars Q( and Per Ton 0 • PR3of5 ITEM QUANTITY AND UNIT ITEM DESCRIPTION AND UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 10. 476 Tons Construct 2 -Inch Thick A.C. Base Course,, ll @l Dollars and (lU $ X13, QQ $ Zo, y tDS' o G Per Ton 11. 1,407 Tons Construct 2 -Inch Thick A.C. Finish Course @ �O� Dollars and r) C) L L10,00 5(012�3O.G() Cents $ $ Per Ton 12. 20 C.Y. Place Fill Material @f 7 1 Dollars and r1G Cents ;0C) $ 1 �C� ZO,0G Per Cubic Yard 13. 560 L.F. Remove Existing and Construct P.C.C. Curb & Gutter Type "A" 1.5 -Foot Wide Gutter Dollars and �U $ 25 oC1 $ 1a,aoc.cb Per Linear Foot 14. 850 S.F. Remove Existing and Construct P.C.C. Driveway Approach Per CNB Std.- 160 -L. @ el Cj�1�' Dollars and no Cents $ Uti $ X0900,00 Per Square Foot 15. Lump Sum Traffic Stripin,,g, 5C`1�t�fC �' �`v�L`'� Dollars { yJQQ,�i @ and feC3 Cents 'A co $ Per Lump Sum • • PR4of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. Lump Sum Remove, Store and Reinstall Traffic Signs @ Y�`�irl ! (L_n _._Dollars -J I C : 0C and r0 Cents $ Q U Per Lump Sum 17. 10 Each Install New Traffic Loops hJ �f /� Dollars and W Cents $ g010 $ 2q00100 Per Each 18. 14 Each Adjust Existing Water Valve Covers to Grade y��Uc�(eakCfl Dollars and 11U Cents $ z loloC $ Per Each 19. 7 Each Adjust Existing Sewer Manholes to Grade LY�0 ` \0 (\{e� Dollars and nU Cents $ ao,cp $ 1 gCV0 Per Each TOTAL PRICE IN WRITTEN WORDS t +� 0kor" &r n n Dollars and Cents $ o-zz. Zyq' Q 0 Total Price (Figures) 5/24/02 Ben's A phalt, Inc. Date Bidder Tel (714) 540- 1700 /Fax (714)540 -1709 ' Bidder's Telephone and Fax Numbers Bid e ' A rized Signature and Title 668417 Ch e finan cial Officer 220 S a St., Santa Ana, CA 92704 Bidder's License No(s). and Classification(s) 0 0 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS STREET IMPROVEMENTS: MONROVIA AVENUE FROM 15TH STREET TO 16TH STREET AND 15TH STREET FROM MONROVIA AVENUE TO SUPERIOR AVENUE CONTRACT NO. 3471 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 1 1 1 1 2 2 2 2 2 3 3 3 3 3 3 3 3 4 6 -7.1 General 6 -7.2 Working Days 6 -7.4 Working Hours 6 -9 LIQUIDATED DAMAGES SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water 7 -8.6 Water Pollution Control 7 -8.8 Steel Plates 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access 7 -10.2 Storage of Equipment and Materials in Public Streets 7 -10.3 Street Closures, Detours, Barricades 7 -10.4 Public Safety 7- 10.4.1 Safety Orders 7 -10.5 "No Parking" Signs 7 -10.7 Notice to Residents and Temp Parking Permits 7 -15 CONTRACTOR LICENSES 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS SECTION 9 MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General 9 -3.2 Partial and Final Payment PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class SECTION 214 PAVEMENT MARKERS 214 -4 Non - reflective Pavement Markers 214 -5 Reflective Pavement Markers PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 4 4 4 4 5 5 5 5 5 5 5 5 6 7 7 7 7 8 8 8 8 8 11 11 11 11 11 11 11 A 300 -1 CLEARING AND GRUBBING 11 300 -1.3 Removal and Disposal of Materials 11 300 -1.3.1 General 11 300 -1.3.2 Requirements 12 300 -1.5 Solid Waste Diversion 12 300 -4 UNCLASSIFIED FILL 12 300 -4.1 General 12 SECTION 302 ROADWAY SURFACING 12 302 -5 ASPHALT CONCRETE PAVEMENT 12 302 -5.1 General 12 302 -5.4 Tack Coat 12 302 -7 PAVEMENT FABRIC 13 302 -7.1 General 13 302 -7.2 Placement 13 302 -7.2.1 Pavement Preparation 13 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 13 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 13 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.4 Joints 13 303 -5.4.1 General 13 303 -5.5 Finishing 13 303 -5.5.2 Curb 13 SECTION 307 STREET LIGHTING AND TRAFFIC SIGNALS 13 307 -4 TRAFFIC SIGNAL CONSTRUCTION 13 307 -4.9.3 Inductive Loops 13 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATION 14 308 -1 GENERAL 14 SECTION 310 PAINTING 15 310 -5 PAINTING VARIOUS SURFACES 15 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 15 310 -5.6.6 Preparation of Existing Surfaces 15 310 -5.67 Layout, Alignment and Spotting 15 310 -5.6.8 Application of Paint 15 SECTION 312 312 -1 SECTION 400 PAVEMENT MARKER PLACEMENT AND REMOVAL 16 PLACEMENT 16 PART 4 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 16 400 -2 UNTREATED BASE MATERIALS 16 400 -2.1 General 16 400 -2.1.1 Requirements 16 n I� • SP 1 OF 16 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS STREET IMPROVEMENTS: MONROVIA AVENUE FROM 15TH STREET TO 16TH STREET AND 15TH STREET FROM MONROVIA AVENUE TO SUPERIOR AVENUE CONTRACT NO. 3471 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- 5796 -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 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE. Add to this section: "The work necessary for the completion of this contract consists of reconstructing portions of deteriorated roadway, grinding and overlaying other portions of the roadway, 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 • SP 2 OF 16 County Surveyor's Office prior to the start of any construction. After completion of all construction, the City's Surveyor will file a Corner Record or Record of Survey with the County Surveyor's Office for any monuments that have been replaced. All existing street and property corner monuments are to be preserved. The Contractor will be back - charged for the cost of restoring any survey monument damaged by the Contractor outside the project limits." 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and protect them during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall have the affected survey monuments restored per records, at his expense. The Contractor's Engineer or Licensed Surveyor shall also file the required Corner Records with the County of Orange upon monument restoration. SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. This Section only applies to work in excess of the estimated quantities shown in the Proposal." • SP3OF16 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 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 0 0 SP4OF16 shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. The work necessary for the completion of this contract consists of reconstructing portions of deteriorated roadway, grinding and overlaying other portions of the roadway, and replacing portions of uplifted curb and gutter. 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 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within forty 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 7:00 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. i • SP5OF16 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." 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 0 0 SP6OF16 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 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. The Contractor shall maintain vehicular and pedestrian access to the mobile home parks, business and residential areas at all times unless otherwise directed by the Engineer. The Contractor may close no more than one -half of each driveway, providing access to business or mobile home parks, at a time for construction activities. The Contractor may close one -half of the driveway after providing 48 hours written notice to the affected residents, businesses and mobile home parks. All notices shall include the contractor's phone number and the correct dates for construction. The engineer shall approve all notices. 6. Monrovia Avenue can be reduced to one traffic lane controlled by flagmen between 8:30 A.M. and 2:30 P.M. ONLY. During non - working hours on Monrovia Avenue, the Contractor shall maintain one lane for each direction of traffic and the parking lane adjacent to the westerly curb. 7. During school session at Carden Hall Elementary School, the Contractor shall maintain one lane for each direction of traffic at all times before 8:30 A.M. and • SP7OF16 after 2:30 P.M. on Monrovia Avenue due to the traffic demand at Carden Hall Elementary School. 8. Carden Hall will be closed between June 24`h and July 81" and between August 23rd and September 13`h. When Carden Hall Elementary School is closed, Monrovia Avenue can be closed to one lane of traffic with flagmen control from 7:00 A.M. to 4:30 P.M. 9. During non - working hours on 15`h Street, the Contractor shall maintain one lane for each direction of traffic and the parking lane adjacent to the southerly curb. 10. During working hours, the Contractor shall maintain one flagman controlled lane open on 15`h Street. 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 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 0 • SP8OF16 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. 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, preparation of the SWPPP, preparation of the construction schedule, and all other related work as required by the Contract Documents. 0 0 SP9OF16 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 Clearing and Grubbing: Work under this item shall include removing all natural and artificial objectionable materials from the right -of -way within the construction limits and all other work items as required to complete the work in place. Item No. 4 Root Prune Trees: Work under this item shall include root pruning trees and all work necessary to root prune trees complete and in place. Item No. 5 Install Tree Root Barriers: Work under this item shall include the installation of Century Products tree root barriers or approved equal, per manufacture's written instructions, adjacent to new P.C.C. improvements and all other work necessary to install tree root barriers. Item No. 6 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. 7 Remove Existing and Install 15 -inch RCP, 2500 -D, Storm Drain: Work under this item shall include removal of the existing storm drain, furnishing and installing all pipe material including, but not limited to; trench excavations, temporary patching or trench plates, control of ground and surface water, installation of pipe, installation of external joint sealer, placement of bedding, and crushed aggregate base, compaction, temporary and permanent support of utilities, disposal of excess excavation materials and all other work necessary to install complete and in place. Item No. 8 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. 9 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. 0 0 SP 10 OF 16 Item No. 10 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. Item No. 11 Construct 2 -inch Thick Asphalt Pavement Overlay: Work under this item shall include constructing 2 -inch thick asphalt pavement overlay and all other work necessary to construct 2 -inch thick asphalt pavement overlay complete and in place. Item No. 12 Place Fill Material: Work under this item shall include, but not be limited to, providing, placing and compaction of fill material in low areas adjacent to the roadway. Item No. 13 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, restorating all existing improvements damaged by the work, and all other work items as required to complete the work in place. For those areas where curb and gutter is to replaced adjacent to a driveway the work shall also include doweling, rebar, and cement epoxy adhesive per Caltrans Section 95 -2.03 Type I (1992 Edition) and all work as required to dowel and bond the new curb and gutter to the existing driveway complete and in place. Gutter width shall be 18 inches. Item No. 14 Remove Existing and Construct P.C.C. Driveway Approach per CNB Std.- 160 -L: Work under this item shall include removing and disposing of the existing driveway approach, subgrade compaction, constructing P.C.C. driveway approach, restorating all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 15 Traffic Striping: Work under this item shall include traffic striping, pavement markers, and all work necessary to install traffic striping complete and in place. Item No. 16 Remove, Store and Reinstall Traffic Signs: Work under this item shall include removal, storage (in a manner approved by the Engineer) and reinstallation of traffic signs, and all work necessary to remove, store and reinstall traffic signs complete and in place. Item No. 17 Install New Traffic Loops: Work under this item shall include, but not be limited to, providing and installing traffic signal loops, conduit, and wiring and all other work necessary to install traffic signal loops complete and in place. Item No. 18 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. 0 0 SP 11 OF 16 Item No. 19 Adjust Manholes to Grade: Work under this item shall include adjusting all manholes to grade and any equipment necessary to complete the work under this contract. 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." 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. 0 0 SP 12 OF 16 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 38,500 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 1-1/2 inch" of the last sentence with the words "two (2) inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. 300 -4 UNCLASSIFIED FILL 300 -4.1 General. Add to this section: "All fill material shall be Clean uncontaminated soil with no rocks, broken concrete, asphalt pavement or other solid materials." SECTION 302 - -- ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section: "The asphalt concrete (A.C.) used shall be III -C3 -AR -4000. All cracks 'Y4 -inch or greater in width shall be cleaned and sealed with a hot - applied crack sealant approved by the Engineer. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302 -5.4 Tack Coat. Add to this section: 'Prior to placing the asphalt concrete patches, a tack coat of Type SS -1h asphaltic emulsion at a rate not to exceed one — tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." 0 302 -7 PAVEMENT FABRIC 0 SP 13 OF 16 302 -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 pavement to the desired depth 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 -5.4 Joints 303 -5.4.1 General. Add to this section: "The Contractor shall make a sawcut parallel to the centerline of the alley, 2 feet along each side of centerline, over the entire length of the alley. The Contractor may also sawcut the property lines, adjacent to the alley, in lieu of scoring the pavement along the property lines or constructing an edged cold joint. All sawcuts shall be made to a depth of 2 inches." 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 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 307 - -- STREET LIGHTING AND TRAFFIC SIGNALS 307 -4 TRAFFIC SIGNAL CONSTRUCTION 307 -4.9.3 Inductive Loops. Amend this Section to include: 'Traffic signal loop detectors shall be replaced per Caltrans Standard Plans ES -5A and ES -5B and shall be Type A or Type E. The new loop detectors shall be installed within the AC pavement final course. All installed loop detectors shall be completely functional to the satisfaction of the Engineer within five consecutive working days of AC pavement final course placement. 0 SP 14 OF 16 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 or 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 a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. b. Roots shall be cleanly severed using a root - pruning machine, axe 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 Prunina 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. d. Roots greater than two inches in diameter that must be removed, must be pre- approved by the City's Urban Forester. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. SP 15 OF 16 SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.6 Preparation of Existing Surfaces. Modify and amend this section to read: `The Contractor shall remove all existing thermoplastic traffic striping and pavement markings prior to application of slurry seal by a method approved by the Engineer." 310 -5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: 'The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 112 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 Contractor's sole expense. In addition, if the Contractor removes /covers /damages existing striping and /or raised pavement markers outside of the work area, he shall re- stripe /replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar SP 16 OF 16 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 materials." Y TO: FROM: SUBJECT: E Mayor and Members of the City Council Public Works Department June 11, 2002 CITY COUNCIL AGENDA ITEM NO. 14 jum 1 i 2002 STREET IMPROVEMENTS — MONROVIA AVENUE FROM :C` YCf 16TH STREET AND 15TH STREET FROM MONROVIA AVENUE TO SUPERIOR AVENUE - AWARD OF CONTRACT NO. 3471 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3471 to Ben's Asphalt Inc., for the Total Bid Price of $202,249, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $20,000 to cover the cost of unforeseen work and testing. DISCUSSION: At 11:00 A.M on May 30, 2002, the City Clerk opened and read the following bids for this project: TOTAL BID AMOUNT $202,249.00 $210,210.00 $217,563.06 $234,370.00 $234,686.00 The low total bid amount is 16.4 percent below the Engineer's Estimate of $242,000. The low bidder, Ben's Asphalt Inc., possesses a General Classification "A" contractor's license as required by the project specifications. A check of their references indicates Ben's Asphalt Inc., has satisfactorily completed various similar improvement projects for other Southern California agencies. This project will reconstruct and /or resurface deteriorated portions of the existing asphalt concrete roadway. In addition some curb and gutter will be replaced to facilitate drainage. BIDDER Low Ben's Asphalt Inc. 2 All American Asphalt 3 R.J. Noble Co. 4 Palp Inc. /Excel Paving 5 Reyes Construction Inc. TOTAL BID AMOUNT $202,249.00 $210,210.00 $217,563.06 $234,370.00 $234,686.00 The low total bid amount is 16.4 percent below the Engineer's Estimate of $242,000. The low bidder, Ben's Asphalt Inc., possesses a General Classification "A" contractor's license as required by the project specifications. A check of their references indicates Ben's Asphalt Inc., has satisfactorily completed various similar improvement projects for other Southern California agencies. This project will reconstruct and /or resurface deteriorated portions of the existing asphalt concrete roadway. In addition some curb and gutter will be replaced to facilitate drainage. J µ Subject: STREET IMPROVONTS - MONROVIA AVENUE FROM 15' TO 164REET AND 15'" STREET FROM MONROVIA AVENUE TO SUPERIOR AVENUE -AWARD OF CONTRACT NO. 3471 June 11, 2002 Page: 2 There are sufficient funds available in the following account for the work: Account Description Account Number Amount PMP Major Maintenance 7181- C5100643 $222,249.00 Respectful�sug'Aitted, PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director By: �4_ Stephe Luy, P.E. Project Manager Attachment: Project Location Map Bid Summary Fw- � W V Q w Z w G W zw r I'l Z a' w a N O I f rn 0 o,w °r ^a S o x P W o 0 0 v � o 0 v O � Y NO W v � Y O O lJ F w O O lJ ry U r Lij H J W W UW W O O� W m �a Q m m uj olm C 3Y W � z LL 3 N U n 0 H J m U CL o > O J O O C O d v L 4 R N i WI-z M M Yl ti N H N y F P O+ Z .+ W -+ f [O W ¢ 0 K a Fw- � W V Q w Z w G W zw r I'l Z a' w a a P m V z a f f In 0 m 6 0 Yd m c 0 L L i a a n C S o W P W o 0 0 0 0 O O O O O W Co O � O W W W W O O� W N W n a O Q v N WI-z - ti N M N y 6 P O+ ✓1 .+ -+ [O ¢ a S >n O S O O N O O P O P W lO Ih F O� O O� t1 0 0 In It) .+ 0 0 tit N rf vi P Oi P 0 0 0 0 C Z NO to N n IV 1A .y .y O+ M .y N N O O Q Q m a P m V z a f f In 0 m 6 0 Yd m c 0 L L i a a n C x a W CIO 0 a W Z U. 0 U Z W Q a W Y 0 3 U H J m a O f O SIW .-1 Q .-I Q f0 x .. f J2 U � � U N O vLi H � w a N Y U f W U ry soy L i O m m Vl H 2 W f W 6 f Z a 0 W f 0 W m O m J i- o� O J O C O d cr L N w YF N W Q F j� W W Z �G w w z w B Z C w a • i N a rn a a 0 O 0 0 GJ 0 O 1 0 O 0 0 0 0 0 0O 0 0 0 O 0 0 0 O 0 S 0 0 0 0 0 0 �j c 1- ZoOoC O o N lvo0000ovigo000�v O O O O O O O O O O O O 00vi O O lc 1D "000 0 0 0 p 0 O 0 O O Ol O O M N P N O O O M L 1l1 O O O O b N N O 1D O M O M O 1A 10 O v1 O 1� �p O O O a 0 M .r t0 Ol m Ol N .r P m 0 vl P N to M� 10 V1 .� O N P N Ill M ti M ¢ w ti V N M O V S n O S O 0 0 0 0 O 0 0 0 0 0 0 0 0 1n O N 0 0 0 Ja CR O O O O Ill O O O O O Ill O O O 1l N M O O O � C O + O f�l P C 0 0 0 G� 1A vl O C O to fh VI Ilf C O O O O O= Z M O O O~ to 0 lG N M ti N 0 0 0 0 0 0 0 O O O O O O O O 0 O 0 O 0 O 0 O 0 O 0 O o O ry O N O o O 0 O 0� p C Z0om0ui S V V ui000oo000 O N 0 0 o O ui C5 O C; M N N ti vl vi00o� S? O ONl M ton IOIf 1Mif aNi a0i T OMi P CW M O C h p� P M Vl M P 16 ti ✓) •+ _ Q n C N W 0 0 0 0 0 0 0 0 0 0 S 0 0 0 0 S 0 0 0 0 0 0 0 0 0 o O 0 0 0 0 0 0 0 0 o 0 o 0 O 0 o 0 o 0 0 0 o 0 P 0 o 0 0 0 0= O N OD N Ill M O V1 N 0 00 Cl In N N M 0 vt O .-I N v N O 0 0 0 00 ZZ IIO O S O N 0 O � O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 S O O O O O O O S p0 iJ Z O 0 O 0 lD OJ O O .y T O I� O 0 O 0 O 0 O O 0 O pp 0 O 0 `I O 0 N O 0 O O V1 N O S O O O O O N 11f N O O O 0 O O 0 O p 0 P 0 P 0 O 0 O pp� ` O O lH O 67 O M O U> N 1n P RJ V1 Vl P N P M O P Ol 0 0 0 0 O Ct gd N C? 0 0 0= N N O M 111 M Fl F- 0 0 0 0 0 o 0 vl 0 vl 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o S O o O 0 O 0 O 0 O o p p i Z ti ut O M O' .� O f�l N Vl OC 1D O O a+ 1G lD py7 O 1p lV 1� to -+ P P IO S a N W P Vl lD O O m O d' n P N OJ .M-i Ift P m P .�i W N M W M a1 I� 1� M N V1 O N Vl y P M W Vl .-i P P P N OJ 10 m N N 10 P H T f0 Ol M m N M ti P vl .-� •� � Q Q N D O N S O O O O O V O O O O O S O O M ti S O O q v01 tNl m A Z N C M P ~ O O P O C P N Mme+ Ol O ti~ N M N a rn a a 1Wlle H N W Y � U �? m ¢> m 16TH STREET � PRODUCTION PL z a F J� z � O cl- z zo 15TH ST LOCATION MAP NOT TO SCALE O O a .9. 0v ni C -3471 CITY OF NEWPORT BEACH DRAwN Ll ` DAM PUBLIC WORKS DEPARTMENT APMOVEo STREET IMPROVEMENTS MONROVIA AVENUE AND 15TH STREET oRAwme Ho. EXHIBIT A CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 June 21, 2002 Reyes Construction, Inc. 1383 S. Signal Drive Pomona, CA 91766 Gentlemen: Thank you for your courtesy in submitting a bid for Street Improvements: Monrovia Avenue from 15th Street to 16`h Street and 15`h Street from Monrovia Avenue to Superior Avenue (Contract No. 347 1) 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, Axii, Q AT"I& IJ l °r LaVonn M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CA OF NEVG'PORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 June 21, 2002 Palp, Inc. dba Excel Paving Company 2230 Lemon Avenue Long Beach, CA 90806 Gentlemen: Thank you for your courtesy in submitting a bid for Street Improvements: Monrovia Avenue from 15th Street to 16th Street and 15th Street from Monrovia Avenue to Superior Avenue (Contract No. 3471) 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' -�t LaVonne M. Harkle`sts, CKMMC /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 June 21, 2002 R.J. Noble Company 15505 E. Lincoln Avenue P.O. Box 620 Orange, CA 92856 Gentlemen: Thank you for your courtesy in submitting a bid for Street Improvements: Monrovia Avenue from 15th Street to 16th Street and 15th Street from Monrovia Avenue to Superior Avenue (Contract No. 3471) 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, nn LaVonn M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CI OF NEWPORT B TY EACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 June 21, 2002 All American Asphalt P.O. Box 2229 Corona, CA 92878 -2229 Gentlemen: Thank you for your courtesy in submitting a bid for Street Improvements: Monrovia Avenue from 15th Street to 16th Street and 15th Street from Monrovia Avenue to Superior Avenue (Contract No. 3471) 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, _ PK LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach