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Home My WebLink AboutC-3473 - Newport Heights Pavement Overlay- �� • • OFFICE OF THE CITY CLERK LaVonne M. Harkless, CIVIC June 24, 2004 Bens Asphalt, Inc. 2200 S. Yale Street Santa Ana, CA 92704 -4427 Subject: Newport Heights Pavement Overlay (C -3473) To Whom It May Concern: On June 24, 2003, 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 August 15, 2003. The Surety for the contract is Travelers Casualty & Surety Company of America, and the bond number is 103805210. Enclosed is the Faithful Performance Bond. Sincerely, LaVonne M. Harkless, CMC City Clerk cc: Public Works Department Sean Crumby, Junior Civil Engineer enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 Fax: (949) 644 -3039 • wAw.city,.newport- beach.ca.us 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWORT HEIGHTS PAVEMENT OVERLAY CONTRACT NO. 3473 BOND NO. 103805210 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 2,991 being at the rate of $ 6.30 per 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 NEWORT HEIGHTS PAVEMENT OVERLAY, Contract No. 3473 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 exea..'ted or is about to execute Contract No. 3473 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 America , 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 four hundred seventy -four thousand, eight hundred twenty-five and 001100 Dollars ($474,825.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. W. REGEII'EO 2' -J l'N -02 68:15 ;RG�1- 7. -05z0170� - 0 -Wou6- Gumann Ins PAGE GOG 0 0 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Band, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond, IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 1st day of July 200F Sen's Asphalt, Inc. (Principal) Travelers Casualty & Surety Company of America Name of Surety 21688 Gateway Center Dr. Diamond Bar, CA 91765 Address of Surety 909 -612 -3647 Telephone John W. ke ton /Chief Financial officer Authonze Agent Signature Donald L. Wood, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED P,ECEIVED 27- JUN -02 08:45 FRU- 7745401709 29 TO- Wood - Gutmann Ins PAGE 007 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of On Date personally appeared I ss. hpfnra ma Jan -EL12n B. Sl::r idcr NDtaiy Pi)lic V personally Known to me p 11.11 to Ills all the v e to be the person}�1 /whose name is /an subscribed to the within instrument and r °'4, JAN-ELLEN B. STRUDWICK •' LL' COMM IN 1201391 ch acknowledged to me that h executed p Notary tou-Ac- California the same , in In e air a uthoDiz ed ' tdycorn 95souExp'rres ..b capacity and th t by his �n�il NOVEMBER 12. 2002 �" signatur ( on the instrument the persothe entit upon behalf of which the perso acted, executed the instrument. WITNESS my hand and lclal seal. Place Notary Seal Above 1 Sionarore 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 ,Dokument - • •- • •. - �L�. �f�l�!t►`. 17ZIa� .�w'NS�iaiile.7��11��tiTfiilJ� Document Date: I I � I 0 Number of Pages: fi Signer(s) Other Than Named Above: (k l� r A Capacity(ies) Claimee Signe Signer's Name:Y� (� • lZ� Individual �" 1\1j Top of (numb Hero Corporate Officer — Title(s): C, v f r C Partner —"l Limited _7 General j Attorney in Fact Trustee D Guardian or Conservator Other: h�,rr Signer Is Representing: 3,0,j'\�2 O 1997 National Notary Association - 9350 De Soto Ave_ PO. Box 2402 - Chatsworli-, CA 91313 -2402 Protl, No 5907 Reorder Call Tcl! -Free 1-800-875-6827 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange On 7/1/02 before me, Paula Rosecrans Data Name and Title of Officer loC.. "Jane Doe. Notary PubliCj personally appeared Donald L. Wood Names) cf Signegs) PAULA ROSECRANS it- ,{ COMM. #1259428 Notary Public-Califomia y Lu •7� ORANGE COUNT My Comm. Exp. April 3, 2004 Place Notary Seat Above O personally 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, exec uc t d the ins franient. WIYNESS fny hand and 9ffic al seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document IIft and could prevent fraudulent removal and reattachment of this form to another document. Lei Description of Attached DocumentI Title or Type of Document: Performance Bond for Ben' s Asphalt / City of '',ewport �XBeach Document Date: 7/1/02 Number of Pages: 2 Signer(s) Other Than Named Above: Princ Capacity(ies) Signer's Name: Individual O Corporate O p Partner — Attorney in 0 Trustee Guardian or Other: _ Claimed by Signer Donald L. Wood Top of thurno here fficer — Title(s): =.i Limited i.. General Fact Conservator Signer Is Representing: Travelers Casualty & Sur e y Co nflAmprinA Wood— Gutmann Insurance Brokers S 01999 National NotaryP ocalion•9360 00 Soto Ave.. F.0 Soi,2402'Crilevveile CA91313 .2402- Avevnationaloo;ary.otg Pica, NO. 5907 Reamlec Call Toll Free 1-8W 876 U27 • i IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY CO. ANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY 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 CONNECTICUT }SS. Hartford COUNTY OF HARTFORD r E O z TRAVELERS CASUALTY AND SURETY COMPANY OF AN ERICA TRAVELERS CASUALTY AND SURETY COMPA -N'Y FAR.MINGTON CASUALTY COMPANY 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 COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, 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/her office under the Standing Resolutions thereof. 0 CERTIFICATE My commission expires June 30, 2001 Notary Public Marie C. Tetreault I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON 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 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 City of Hartford, State of Connecticut. Dated this let day of July , 20 02. {rI Kori M. Johanson Assistant Secretary, Bond • 4W CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CIVIC August 15, 2003 Ben's Asphalt, Inc. 2200 S. Yale Street Santa Ana, CA 92704 -4427 Subject: Newport Heights Pavement Overlay (C -3473) To Whom It May Concern: On June 24, 2003, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on July 11, 2003, Reference No. 2003000515416. The Surety for the contract is Travelers Casualty & Surety Company of America, and the bond number is 103805210. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, CMC City Clerk cc: Public Works Department Sean Crumby, Junior Engineer encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 - wwcv.city.newport- beach.ca.us 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 shelf in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 1st day of July , 2002. _ e � Ben's Asphalt, Inc. (Principal) Auth a "I �tle John W. Sis ngton /Chief Financial Office Travelers Casualty & Surety \\ Company of America Name of Surety 21688 Gateway Center Dr. Diamond Bar, CA 91765 Address of Surety 909 - 612 -3647 Telephone Donald L. Wood, Attorney- In-Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 RE "E IVEO 27- JUN -02 0 6:45 =ROh- 7145401709 TO -Mood- Gutmann fns PACE any CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of On I2I N- Date personally appeared I ss. htcfnrP ma. `1ar� B. StrLl ck, ISary Pulax r _ -.r JAN -ELLEN B. STRUDWICK J CO M.41201391 o Notary publicCalifornia N orange County My Commission Expires 4.o...y NOVEMBER 12, 2002 D;( personal) known to me d to eon asis c ev' c to be the person,(s'<whose nampK), is� subscribed to the within ins ument and acknowledged to me that he e/t executed the same in his r/t r authori ed capacity (i ) and that by his/ r/t Ir signature( n the instrument the pe son or . the entity upon behalf of which the person acted, executed the instrument. WITNESS my and a official seal. n uQ� Place Notary Seal Aoova Signawre o1 ary 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 ocument Title or Type of Document: Pa t�_�� —_ iU ( �j r If )f�)Y+ Document Date: -7 I t ( o2 Number of Pages: Z Signer(s) Other Than Named Above: 96f'A 'A I_ Capacity(ies) Claimed bSigner Signer's Name: — y1p -�( ❑ Individual ly Corporate Officer— Title(s): Top of thumb here �.� D Partner — ❑ Limited ❑ General Attorney in Fact D Trustee D Guardian or Conservator Other: Signer Is Representing:,(�� n 1991 National Notary Association 9350 Oe Solo Ave., PD. Box 2402 • Chatsworth, CA 91313 -2402 Prod. No 5907 Reorder: Call Toll -Free 1- 800 -876 -6827 0 9 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange On 7/1/02 before me, Paula Rosecrans Date Name and Title of Officer (e.a.,'Jane Ooe. Notary Public') personally appeared Donald L. Wood Name($) of Signer(s) PAULA ROSECRANS S COMM- #1259428 W:.� Notary Pudic- CaIBorna y r ORANGE COMITY -, My Comm. Exp. April 3, 20(14 Place Notary Seal Above G pe sonally known to me h 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 /herltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) act i d, exe led the inst nt. WIT SS my hand and off ial seal. GGCti �'p OPTIONAL Signature of Notary Public 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: Payment Document Date: 7/1 Signer(s) Other Than Named Above: Principal Capacity(ies) Claimed by Signer Signer's Name: Donald L. Wood ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General lL4 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator C Other: Signer Is Representing: Number of Pages: SWood – Gutmann Insurance Brokers ®1999 National Notary Association - 9350 De Soto Ave.. PO. Box 2402 • Ceats,vorm CA 9131 3 -240 2 • ww oni,cnalnotary,org Pron. No. 5907 Beordec Call Toll-Free 1 860.876 6827 Beach 0 IN WITNESS WHEREOF, TRAVELERS CASUALTY A_ \D SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and F.AR ENGTON CASUALTY COMPANY 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 CONNECTICUT }SS. Hartford COUNTY OF HARTFORD tY A ��yn supflr e�� 0s �^SU�(t 3`! l E �� yt � ?�°Rr� a f?'HARr -710 '`t W eNARfFOPI, n i n1982� o i TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARAM`iGTON CASUALTY COMPANY �i George W. Thompson Senior Vice President On this 5th day of July, 2000 before me personally came GEORGE W. THOIVIPSON 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 COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he /she knows the seals of said corporations; that the seals ffi axed to the said instrument are such corporate seals, and that heshe executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. 0 V-�Q1.� 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 AND SURETY COMPANY and FARMINGTON 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 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 City of Hartford, State of Connecticut. Dated this 1st day of July 2002. OOCONN a •III HARfFoRG S ( �„�, i�A,cS a By Kori M. Johanson Assistant Secretary, Bond RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in Official Records of Orange Tom Daly, Clerk- Recorder II! I! II !II!!'IIIIIPii!II!!IIII11III!li illll'IllliililillilllilNOFEE 2003000815416 09:50am 07111103 214 95 N12 1 0 00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 '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., as Contractor, entered into a Contract on June 25, 2002. Said Contract set forth certain improvements, as follows: Newport Heights Pavement Overlay (C -3473) Work on said Contract was completed on March 14, 2003, and was found to be acceptable on June 24, 2003, 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. B Public Wor irector amity ofJz! wport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed one J 2) BY at Newport Beach, California. �EwPpRr .O O U e.� C�CIF00.H�P v 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC June 25, 2003 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notices of Completion for the Balboa Island Pavement Reconstruction Phase 2 (C- 3555); the 2002 -2003 Sidewalk, Curb and Gutter Replacement (C- 3534); and the Newport Heights Pavement Overlay (C -3473) Please record the enclosed documents and return to the City Clerk's Office. Thank you. Sincerely, � 10� LaVonne M. Harkl�ss, CMC I City Clerk Enclosures 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 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard 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., as Contractor, entered into a Contract on June 25, 2002. Said Contract set forth certain improvements, as follows: Newport Heights Pavement Overlay (C-3473 Work on said Contract was completed on March 14. 2003, and was found to be acceptable on June 24, 2003, 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. B ubtic Wor irector '----City ofA wport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on tJ at Newport Beach, California. BY �� l3^ SEW GpgT ity Cle— r (J O` U �_ d c�4 FOANP . CRV OF NcWAOB; tt_Ati" CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT ,i ,•;;:.� ", L,r Agenda Item No. 5 June 24, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Sean Crumby, P.E. 949 - 644 -3311 scrumby@city.newport-beach.ca.us SUBJECT: NEWPORT HEIGHTS PAVEMENT OVERLAY — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3473 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On June 25, 2002, the City Council authorized the award of Newport Heights Pavement Overlay project to Bens Asphalt, Inc. The project provided for pavement, sidewalk, and curb and gutter rehabilitation of: Bolsa Avenue from Clay Street to 15`h Street Broad Street from Westminster Avenue to Bolsa Avenue Cliff Drive from Santa Ana Avenue to Riverside Avenue • Beacon Street from Cliff Drive to Santa Ana Avenue Santa Ana Avenue from Old Newport Boulevard to Cliff Drive Sea Gull Lane from 15`h Street to Sherington Place Sherington Place from Irvine Avenue to Sea Gull Lane 32nd Street from Newport Boulevard to Lafayette Avenue LaFayette Avenue from 32 nd Street to Via Lido SUBJECT: Newport Heights Pant Overlay, Completion And Acceptance of Contra. 3473 June 24, 2003 Page 2 A summary of the contract cost is as follows: Original bid amount: Final bid quantities Total amount of change orders: Final contract cost: $474,825.00 $482,167.99 $27,711.29 $509,879.28 Two change orders were approved due to miscellaneous field conditions encountered during construction that amounted to an increase of $27,711.29. The net overall construction cost including change orders was 7.38% over the original bid amount. The two change orders are detailed as follows: 1. City added sidewalk, curb and gutter work on Cliff Drive and 32nd Street. A portion of this expense was reimbursed by a resident. 2. Reconstructed the entire Lafayette Median Island to provide improved accessibility and remediated two residential driveway access problems. Change order number one extended the construction time to December 17, 2002. Ben's Asphalt had previous commitments before the second change order was added and was not immediately available to complete the extra work. After re- mobilizing, the additional work was completed on March 14, 2003. Since this time, staff has been working with the contractor to reconcile quantities of work performed. Also a step notice for $39,479.45 has been filed by EBS Concrete and is still outstanding. The construction has been completed to the satisfaction of Public Works staff. However, extraordinary efforts were required throughout the project to insure that Ben's Asphalt followed proper safety and construction practices. Some of the problems encountered by City staff throughout the project included: • Marginal work quality requiring extensive daily staff inspections, interventions, and in several cases removal and replacement of improvements • Poor supervision throughout the job, subcontractors work was at times unsupervised and lacked coordination • Unsatisfactory construction phasing and traffic control, which in some cases created unsafe and dangerous driving conditions Funds for the project were expended in the following accounts: Description Account No. Amount Measure M Turnback 7281 C5100646 $468,593.88 Gas Tax 7181 C5100642 $41,285.40 Total $509,879.28 Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines at the time the project was authorized by the City Council. This exemption covers the maintenance and alteration of existing public facilities with SUBJECT: Newport Heights Paver�verlay, Completion And Acceptance of Contract 473 June 24, 2003 Page 3 negligible expansion of the facilities in areas that are not environmentally sensitive. The project involved removal and repair of existing roadways, sidewalks, and curb and gutters. Prepared by: 6i an Crumby, P.E. Junior Civil Engineer Submitted by: I. i i f 1 I JUN. 26. 2003 1:26PM PRE LIM FHONE Release of Stop Notice NO. 6510 P. I/1 Caaaoarioa Liidv (air per• wah whom Sbp No= "W4 To: C,14 of Ne t4ngA -T_ 73eACA -h I p . ' �bo New �Ud „dihm i n W 1Di1� MAY. state, a • ip Y u are hereby notified that the undersigned claimmd releases that certain Stop Notice �ted_VQ h� , in the am unt of s Y R, 479 45 ainst owner or public body and vj5 _ nc. y prm oonmd torin connect ith the work of mm(�ent known as i � i I NVO, 1- U ✓Q/I�CJ. -� in;the City of '. S Z ptZA -T%P State of California T AAtea �y I I � v � o d County of r)v a a p .II . . 11 :1 rE .11 0m • �— OIL VERIFICATION 1. the wdGrsigmed, swe: I � ( °�sa ar. °nr::dae wr. °� tutaa er,'V.m a♦n, as.> the daiaamt named m the foregoing Release, I have teed said Releaw of Stop Notice and know the contents thefcK and I certify that the satire is cue of my knowledge. I cettifr (or declare) warder penalty of perjury and /er the laws of the State of California that the foregoing is true amid comet Exautedon JlAYI� ��O yl�at C7 Califo 'a c j (Sipprare orC7rmlor > 7i r SARAH D. ALLEN Q COMM-4 1232868 D QI a.a NOTARYPUBLICGCALWORNIA D San Bernardino County MY Comm. Exo.re$ AoWst 22.2903 0 E CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF RIVERSIDE On 6/26/03 before me, Sarah D. Allen — Notary Public personally appeared Thomas E. Nanci personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. SignatLre of Not. Public ,_ . '.: SARAH D. ALLEN Q Comm. N 1232868 W - NOTARY PUBLIC - CALIFORNIA D Q''� San Bernardino County My Comm. Fxpves August 22, 2003 OPTIONAL 'Chough the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT Release of Stop Notice TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 1 DATEOFDOCUMENT 6/26/03 ❑ INDIVIDUAL ❑ PARTNER(S) ❑ OTHER: CAPACITY CLAIMED BY SIGNER n CORPORATE OFFICER Controller ❑ ATTORNEY -IN-FACT ❑ TRUSTEE(S) SIGNER IS REPRESENTING: Elite Bobcat Service, Inc. NAME OF PERSON(S) OR ENTITY(S) NOTICE TO t- J Stop Notice CALIFORNIA CIVIL CODE SECTION 3103 (If Private Job- file with responsible officer or person at otlice branch of construction lender administering the construction funds or with the owner - CIVIL CODE SECTIONS 3156 - 3175) (If Public Job- file with office of controller, auditor, or other public disbursing officer whose duty is to make payments under provisions of the contract - CIVIL CODE SECTIONS 3179 - 3214) Prime'C3nttactor: _ _ Ben's Asphalt, Inc. Sub Contractor (If Any): Elite Bobcat Service. Inc. Owner or Public BoJI: The City of Newport Beach Improvement known as: Newport Heipllts Pavement Overlay (Name mil ai! eo r f, wv o cork /imprtnemrrrr) In the city of Newport Beach County of Orange State of Calif im ia. Elite Bobcat Service. Inc. Claimant, a Corporation I(7almmrq (C¢Parmiwr pu"' -' np.Ydr Prcprrer¢.dip) furnished certain labor, service, equipment or materials used in the abosc described work of improvement. The time of the person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment or materials is Ben's Asphalt. Inc. /Name nJY,Aa'waramr Cwnr¢rw p�rwnawGlrq ' The kind of labor, service, equipment or materials famished or agreed to be furnished by claimant was Removals & Concrete Work ;a Prwru Total value of labor, service, equipment or materials agreed to be furnished ............ ............................... E (��• - _ - Total value of labor, service, equipment or materials actually furnished is .............. ............................... S i ba -50 Credit for materials returned, if any ........................................................... ............................... S .F)' Amount paid on account, if any .............................................................. ............................... S 1e2 11Q O 3 Amount due after adjusting all just credits and offsets ................................... ............................... S 312. �� YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of S and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. A bond (CIVIL CODE SECTION 3083) IS MOT' attached. (Bond required with Stop Notice served on concoctions (h i> rmp lender on private jobs -bond not required on public jobs or on Stop Notice served on owner on private jobs). Date s1,3 %NameofClaimant E�r•� -- aaFiGl 'i'$�I'll/tGtc•/ISC.••......_.- ... m � In R'h!- un'aefsl� ielFilarc' I� By (Perm .Nome/ /32,0 E. G St Sri, AD �IZes�oektrr _ (O�cia /C'apaa'ipj the claimant named in the foregoing Slop Notice; I have read said claim of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on wot� L3 , 20 0 Z, at ` 43 strl x lao COROrm fw State of !JRAF7WI/- S If ,// l^ /Sigrnnrre n Cla,mmn s Amb..rrv/AgrrrJ REQUEST FOR NOTICE OF ELECTION (Private Works Only) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, phrase send notice of such election and a copy of the bond within 30 days of such election in the enclosed preacklmssed stamped envelope to the address of the claimant shown above. This information must be provided by you under Civil ode Sections 3159, 3161, and 3162. Signed: I('b...or..v.rrin.F ukiraJ>amrP^r ^rwii'rJ _ • • C38) CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. io May 13, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COU FROM: Public Works Department Sean Crumby, P.E. 949 - 644 -3311 scrumby@city.newport-beach.ca.us SUBJECT: NEWPORT HEIGHTS PAVEMENT OVERLAY— COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3473 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On June 25, 2002, the City Council authorized the award of Newport Heights Pavement Overlay to Bens Asphalt, Inc. The project provided for the pavement, sidewalk, and curb and gutter rehabilitation of: • Bolsa Avenue from Clay Street to 15`" Street • Broad Street from Westminster Avenue to Bolsa Avenue • Cliff Drive from Santa Ana Avenue to Riverside Avenue • Beacon Street from Cliff Drive to Santa Ana Avenue • Santa Ana Avenue from Old Newport Boulevard to Cliff Drive • Sea Gull Lane from 15" Street to Sherington Place • Sherington Place from Irvine Avenue to Sea Gull Lane • 32nd Street from Newport Boulevard to Lafayette Avenue • LaFayette Avenue from 32nd Street to Via Lido SUBJECT: Newport Heights Pav Overlay, Completion And Acceptance of Contract 473 May 13, 2003 Page 2 A summary of the contract cost is as follows: Original bid amount: $474,825.00 Final bid quantities $458,416.49 Total amount of change orders: $27,711.29 Final contract cost: $486,127.78 Two change orders were approved due to miscellaneous field conditions encountered during construction that amounted to an increase of $27,711.29. This increase was offset by a decrease in final bid quantities. The net overall construction cost including change orders was 1.02% over the original bid amount. The two change orders are detailed as follows: 1. City added sidewalk, curb and gutter work on Cliff Drive and 32 0d Street. A portion of this expense was reimbursed by a resident. 2. Reconstructed the entire Lafayette Median Island to accommodate the disabled and remediated two residential driveway access problems. Change order number one extended the time to December 17, 2002. Ben's Asphalt had previous commitments before the second change order was added and was not immediately available to complete the work. After re- mobilizing, the additional work was completed on March 14, 2003. The construction has been completed to the satisfaction of Public Works Staff, however extraordinary efforts were required to insure that Ben's Asphalt followed proper safety and construction practices. Some of the problems encountered by City staff throughout the project included: • Marginal work quality requiring extensive daily staff inspections, interventions, and in several cases removal and replacement of improvements • Poor supervision throughout the job, subcontractors work was at times unsupervised and lacked coordination • Unsatisfactory construction phasing and traffic control which in some cases created unsafe and dangerous driving conditions Funds for the project were expended in the following account: Description Account No. Amount Measure M Turnback 7281 C5100646 $444,842.38 Gas Tax 7181 C5100642 $41,285.40 Total $486,127.78 Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines at the time the project was authorized by the City Council. This exemption covers the maintenance and alteration of existing public facilities with SUBJECT: Newport Heights Pa t Overlay, Completion And Acceptance of Contra 3473 May 13, 2003 Page 3 negligible expansion of the facilities in areas that are not environmentally sensitive. The project involved removal and repair of existing roadways, sidewalks, and curb and gutters. Prepared by: Sean Crumby, P.E. Junior Engineer Submitted by: - i Badum s Director • CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915 until 10:00 AM on the 13' day of June 2002, at which time such bids shall be opened and read for NEWPORT HEIGHTS PAVEMENT OVERLAY Title of Project Contract No. 3473 $ 470,000.00 Engineer's Estimate ,Wen G. Badum is Works Director pN L� �\oo�,N��sGay r��o�sie r�Q_rr Ga. Cost of Plans and Specs $ 25.00 Prospective bidders may obtain one set of bid documents at actual cost at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: "A" For further information, call Fong Tse, Pro*ect Manager at (949) 644 -3340 I 0 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWORT HEIGHTS PAVEMENT OVERLAY CONTRACT NO. 3473 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 SPECIALPROVISIONS ................................................................. ...........................SP -1 2 0 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWORT HEIGHTS PAVEMENT OVERLAY CONTRACT NO. 3473 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Bidders' security shall be returned to unsuccessful bidders within a reasonable time not to exceed 60 calendar days after the successful bidder has signed the Contract. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section Ch] 0 • 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available 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. Ri.�rle� CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWORT HEIGHTS PAVEMENT OVERLAY CONTRACT NO. 3473 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of total Amount Bid Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the gonstruction of NEWORT HEIGHTS PAVEMENT OVERLAY, Contract No. 3473 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 obllgatlons under this Bond. Witness our hands this 11th day of June Ben's Asphalt,' Inc. I r .(:„ Name of Contractor (Principal) A on . Si t re Itle Travelers Casualty 6 Surety Company of America Name of Surety Author ed Ag:ood, Signa 21688 Gateway Center Dr. Diamond Bar, CA 91765 Donald L. Attorne -In -Fact Address of Surety Print Name afid Title 909- 612 -3647 Telephone (Notary acknowledgment of Principal ✓£ Surety must be attached) 5 RECEIVED 03- JUN -02 0 9:50 FROM- 7145401709 TO -Wood- Gutmann Ins PAGE 002 • • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of On l.0 I L !i , Date personally appeared I ss. before me, Jar - RF n B. Eck' [may ptlic � _ �,, JANELLEN B. STRUDWICK �� CGMM.p 1201391 c Notary PubliaCalifornia orange County My Commission Fapiros � r �,.o;.,,. NOVEMBER 12, 2002 Itie of Officer (e.g., 'Jane Doe, Notary '.a',�rhl personally known to me ro o m n to be the person whose nameys�'is� subscribed to the within Ins u(nent 'and acknowledged to me that hepl�y executed the same in his /h � authorized capacity' s), and t aGt�by his r signatu e( on the instrument the perso�or the entit�on behalf of which the pi acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of No gry Pmt ublic 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 Tap of thumb hero Corporate Officer — Title(s): Fl Partner — rl Limited Ci General CI Attorney in Fact 1 Trustee ❑ Guardian or Conservator L I Other: Signer Is Representing:.___ JD 1997.9elivoal Notary Association - 9350 De Sato Ave.. P.O. Sox 2402 • Chatsworth, CA 91313 -2402 Prod No 5907 Reordc, Call Tol6Free 1- 000 -875 -6821 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California - ss. County of Z_ QL �Q, On Al ._ � D( )a-- before me, �_ CrrS Data Name and Lde cl Officer ee,, Jane One Notary Prvic i personally appeared _- 1- CLL~ -lo� L • (,yOOC� - --- --........_.- _..._...._...- ........ _.. .... NdmB�e� of $ 6�at�51 3�personally known to me proved to me on the basis of satisfactory evidence JENNIFER _. HENRICKS Commission IF 1327232 ti Notary Public - California Orange County kty Corinn. E>�irea C[Y 28.2DD5 to be the person(,] whose name(lA is /afe subscribed to the within instrument and acknowledged to me that he%her" executed the same in his /herflheir authorized capacity(W, and that by his /herlftrnir signature(?) on the instrument the person(, or the entity upon behalf of which the person( acted, executed the instrument. WtTNESS my hand and offi 'al I I t OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment or this form to another document. Description of Attached Document Title or Type of Document: i _P�o (Y1 Document Date: L �l l l V '%00 Qi- __ _ Number of Pages: 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. t :amo here Z +999 Naoonai NOetry assncuuo1 •9360 01 Solo Ave P¢d.NO.S90 'I'm �01%1free 80Ual&680 i� 0 0 LV WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY" COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMLNGTON CASUALTY CONIPANY halve caused dus instrument to be signed b} their Senior Vice President and their corporate seals to be hereto affixed this 5th day of July, 2000. STATE OF CONNECTICUT )SS. Hartford COUNTY OF HARTFORD '1��1r� 4� NpS GASfI,��' 3' HM1' q-�qA i 5 iuFr.OR =. < � 19 8 2� o GOfiV. � F COHk o y"��„S n / t 6 a r�� /�V� �•di •+1� ii. . '1 TRAVELERS CASUALTY A.ND SLRETY COMPANY OF AMERICA TRAVELERS CASUALTY A.ND SLRETY COMPANY FAILMINGTON CASUALTY CONIPANY IN 97 OWN George W. Thompson Senior Vice President On this 5th day of July, 2000 before me personally came GEORGE W. THOI PSON to me known, who, being by me duly sworn, did depose and say: that he /she is Senior Vice President of TRAVELERS CASUALTY A_ND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY !CND SURETY COMPANY and F.AR.MINGTON CASUALTY COIWA \Y, 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 authorin of his/her office under the Standing Resolutions thereof. �p.TET� m e+ pURtlp t \�� 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 AND SURETY COMPANY and FARMEtiGTON CASUALTY CO.NIP.ANY, stock corporations of the Sate 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 Authonn, are now in force. Signed and Sealed at the Home Office of the Compam'. in The Cite of Hartford, State of Connecticut. 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Y&NOJ A132L1S CL\-V ,A1'TV.'ISVD S?7YMVHU 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWORT HEIGHTS PAVEMENT OVERLAY CONTRACT NO. 3473 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractors Name, ,Address, Tel-phone # Bid Item Number Description of Work Percent of Total Bid Cyr .. i� yjlp�o l lleca 1 L O 0 P 5 : oc % Yll,l �c� Ben's Asphalt, Inc. Bidder Ch. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWORT HEIGHTS PAVEMENT OVERLAY CONTRACT NO. 3473 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name Ben's Asphalt, 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 Rlties sq t SEndces & CAutls E1awntary sd=l Project Description 87,167 SF cf Ceding & B&2 ip a 47 d4±h / 115,000 SF of Approximate Construction Dates: From 7 /24 /CJ To: 7/30/01 Agency Name GLe mhle Unif eJ Sdrol ni Strict _ Contact Person Sbum Telephone (818) 242-0003 Original Contract Amount $3�,30-00Final Contract Amount $ 257,834.39 If final amount is different from original, please explain (change orders, extra work, etc.) CW'9 -- a3iCr fCr cater PXMEr5 cdach wee fir=l. 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. 1 L 0 No. 2 Unbad stag Rrtal SaMM / k1aheim Project Name /Number' Project Description 48,563 SF place 2.5" PC of T' AB & 56,390 SF Weed Ri11 Approximate Construction Dates: From 10/3/01 To: 10/6/01 Agency Name BEnY oxtracbcrs, D-ic• S Contact Person FH Iuibeth Telephone (909) 985 -9667 Original Contract Amount $ 6.985•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. No. 3 Project Name /Number HTTMMSMWRZ .• - _ Project Description 870 SF of FM WD& / 80,583 SF °f PC talc / 80,583 SF of Seal Work Also, Sti p 7/24J01 8/9/01 Approximate Construction Dates: From To: Agency Name Prim is non 714' Contact Person 714- 228 -3140 Telephone ( / Original Contract Amount $113,750_OOFinal Contract Amount $ 117,200.00 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. 0 No. 4 Project Name /Number Project Description Approximate Construction Agency Name 0 • • --- . . . • 1 - Cf fog seal 10¢17,/91 To: 10/31/01 c_: a o. 4. ■. .: Contact Person ML10 Ham Telephone (760) 438 -7500 Original Contract Amount $136,440.0CFinal 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 Eleraffai7, SdXx)l, '11F a / .7cb N844M Project Name /Number. Project Description 18,860 SF cfr J' PD cn 5' MU Base / 336 W cf 7' PE / 18,860 SF cf vzel kill Approximate Construction Dates: From 7/18/01 To: 7/21/01 Agency Name AER Oaztr�' Inc' Contact Person G�XYl 7 909 772 -5183 Telephone ( ) Original Contract Amount $25.285•00 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. Db No.6 • • e Project Name /Number Iot M & Veteran StadiurV Lateral Arts Caws, Icing Beach Project Description 125,333 SF cf R&R with V 1C on 6' as Byre / 21,500 SF RBR with 4" on 6' an Base 60,760 SF R&R 4 FC rn a= Ease / 331,781 SF Approximate Construction Dates: From 7/21/01 To: 8/1/01 ICM Beach City ciaul , Agency Name Bi Sa* Mtthis (562)938 -4215 or raily Smttini (cn -site) Contact Person Telephone 562) gy_4ms 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 tractor's current financial conditions. Bars Asphalt, Inc. Bidder 10 No. 7 Project Name /Number Project Description _ Fait cf Icng Bch Areal Paving Ox radio Approximate Construction Dates: From 12/1/01 To: 12/1/02 Agency Name Fit of La ig Beach Contact Person Da is Milan (562) 5904172 Telephone (562) 5904172 Original Contract Amount $ 3 �' Final Contract Amount $ 3 ' 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. tab No. 8 Project Name /Number Project Description paricus Iocatic s Approximate Construction Dates: From 11/1/01 Agency Name tu•�. '�•11 e Contact Person Dat-S` venters (562) 725-8239 .. TelepGacuhonne (760,) 725 -3923 Original Contract Amount $ 9 Mme• Final Contract Amount $ 9 M-1' 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. • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWORT HEIGHTS PAVEMENT OVERLAY CONTRACT NO. 3473 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of Orange ) John W. Skeffington being first duly swom, 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 California that the foregoing is true and correct. Ben's Asphalt, Inc. Bidder Auth ri pture/Title Chief i Officer Subscribed and sworn to before me this 11th ay f June 2002. [SEAL) Notary Public JAN -ELLEN B. STRUOWICK Jan-Ellen B. Strudwick No COMM .p 1201391 m tsw Pub6cCa6fornia My Commission Expires: 11 /12/02 � ` Orange County My Commission Expnes .,i �( �r,o,,... NOVEMBER 12, 2002 11 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWORT HEIGHTS PAVEMENT OVERLAY CONTRACT NO. 3473 DESIGNATION OF SURETIES Bidders name 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): Wood - Gutmann Insurance Brokers (Insurance & Bonds) Attn: Blanca Roque or Scott Milne 14192 Franklin Ave.. Ste -200, Tustin, CA Dodge, Warren & Peters Insurance Services (Insurance - WIC & Auto) Attn: Lori Venhaus (310) 921 -4293 3625 D✓l ATo Bl-,d., SIL-300, arrdrm, cA 90503 12 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS PAVEMENT OVERLAY CONTRACT NO. 3473 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 Year of for for for for for Record 2001 2000 1999 1998 1997 Total 2002 No. of contracts 540 520 498 475 415 338 2,786 Total dollar Amount of 21,023,448. Contracts (in `4,000.000 41,000,000 31,672,440 34,095,901 31,672, 204 Mil. Thousands of $ No. of fatalities 1 0 0 1 0 0 0 No. of lost Workday Cases 2 1 6 1 5 3 18 No. of lost workday cases 0 involving permanent 0 0 0 0 0 0 transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 0 • Legal Business Name of Bidder Ben's Asphalt, Inc. Business Address: 2200 S. Yale St. Business Tel. No.: ( 714) 540 -1700 State Contractor's License No. and Classification: 668417 C12 Title Chief Financial Officer The above information was compiled from the records that are available to me at this time and I declare under pe Ity of perjury that the information is true and accurate within the limitations of those records. 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 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWORT HEIGHTS PAVEMENT OVERLAY CONTRACT NO. 3473 ACKNOWLEDGEMENT OF ADDENDA Bidders name Ben's Asphalt, Inc. The bidder shall signify receipt of all Addenda here, if any: Addendum No. I Date Received I Signature 15 0 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWORT HEIGHTS PAVEMENT OVERLAY CONTRACT NO. 3473 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: Corporation Business Address: 2200 S. Yale St. Santa Ana, CA 92704 -4427 Telephone and Fax Number: (714) 540 -1700 / Fax (714) 540 -1709 California State Contractor's License No. and Class: 668417 C12 (REQUIRED AT TIME OF AWARD) Original Date Issued: 1961 Expiration Date: 3/31 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 - 6238 E. Cliffway Dr., Orange, CA (714) 540 -1700 William J. Skeffington - 1700 Fern Ave., Orange, CA (714) 540 -1700 John W. Skeffington - 35 Via Sonrisa, San Clemente, CA (714) 540 -1700 Corporation organized under the laws of the State of California 16 11 10 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: No All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: Ben's Asphalt, Inc. For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; 0 Briefly summarize the parties' claims and defenses; 0 Have you ever had a contract terminated by the owner /agency? If so, explain. Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes /0 Are any claims or actions unresolved or outstanding? Yes e 17 0 • If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. Rn's Ault, Inc. Bidder (Print name o Owner or President of Coruoratio COmoanv) Chief fpoec/ ,Idm W. Skeffirgtrn Title 1 6/12/ Date Subscribed and sworn to before me this 11th day of Jose [SEAL] JAN ELIEN ICK C4MM.0 .M 1201391 201391 ' N Notary Public County a O County My Commission BER 1 . 2002 .i v w.w NOVEMBER 12, 2002 HO 2002. • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWORT HEIGHTS PAVEMENT OVERLAY CONTRACT NO. 3473 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS LABOR AND MATERIALS PAYMENT BOND FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 19 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWORT HEIGHTS PAVEMENT OVERLAY CONTRACT NO. 3473 CONTRACT THIS AGREEMENT, entered into this _ day of , 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: NEWORT HEIGHTS PAVEMENT OVERLAY Project Description 3473 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. 3473, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents'). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 20 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 four hundred seventy-four thousand, eight hundred twenty -five and 00/100 Dollars ($474,825.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Robert Stein (949) 644 -3322 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: Ben's Asphalt, Inc. 2200 S. Yale Street Santa Ana, CA 92704 -4427 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 origina endorsements effecting coverage required by this Contract. The certificates anc 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 Scooe 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 City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv, Contractor's insurance shall apply separately to each insured against whom claim Is made or suit Is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract 23 0 0 amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. M,I 0 0 K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. CITY CLERK CITY OF NEWPORT BEACH A Municipal Corporation Bygn. Mayor APPROVED A T F BEN'S ASPHALT, INC. By � I wS CFPKTT0FN EY uthori ed Signature and Title U � ' WV"' cov,�� 25 ACORD CERTIFICA -SOF LIABILITY INSUI&NCi CSR BR I DATE(MMIDDIYY) ENSA -5 06/19/02 Wood - Gutmann Insurance Brokers License #0679263 14192 Franklin Ave., Suite 200 Tustin CA 92780 -7044 Phone:714 -505 -7000 Fax:714 -573 -1770 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED INSURER A: St. Paul Fire and Marine INSURER B Gulf Insurance Co. Ben's Asphalt & Seal Coating, Inc. & TCK Leasing, Inc. IINSURERC 2200 S. Yale Street - Santa Ana CA 92704 INSURERD I INSURER E _ COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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'"" ' ' .— .. . ' ' ' ' POLICY EFFECTIVE POLICY EXPIRATION LTRI TYPE OF INSURANCE POLICY NUMBER DATE MMIDDIYY DATE Mi LIMITS GENERAL LIABILITY EACH OCCURRE NCE $1,000,000 A COMMERCIAL GENERAL LIABILITY KKO6100042 03/01/02 03/01/03 FIRE DAMAGE (Any one lire) _ $100,000 _X; CLAIMS MADE X - OCCUR l ' MED EXP (Anyone pamod $ 5, 000 -$1,000,000 I PERSONAL &ADV INJURY GENERALAGGR EGA TE PRODUCTS -COMPIOR AGO 52,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PECOT [] POLICY X LOC AUTOMOBILE LIABILITY - COMBINED SINGLE LIMIT $ ANY AUTO II (Ea accident) BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Perpemon) BODILY INJURY ^ti HIRED AUTOS NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per acddaaO GARAGE LIABILITY AUTO ONLY - EA ACCIDENT IS ANV AUTO ! OTHER THAN EA ACC $ $ j AUTO ONLY AGG I EXCESS LIABILITY EACHOCCURRENCE $2,000,000 B X !OCCUR CLAIMS MADE I GA2857118 03/01/02 03/01/03 !AGGREGATE $2,000,000 $ is IDEDUCTIBLE X RETENTION $ 0 X $ WORKERS COMPENSATION AND TORY LIMITS ER_ EMPLOYERS' LIABILITY E L. EACH ACCIDENT S E L DISEASE - EA EMPLOYE $ . E . DISEASE - POLCVLIMIT S OTHER I DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS *10 days notice of cancellation for non payment of premium. Please see attached NOTE for additional insured information. RE: Project #3473 Newport Heights Pavement Overlay XXXX vLVCR IN IAUUI I IUN/ INJUREU; INSURER LETTER:_ LANU IAI Ii NEWPO- 4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL *30 DAYS WRITTEN City of Newport Beach NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, NEW 3300 Newport Blvd. Newport Beach, CA 92658 -8915 AUTHORIZED REPRESENTATIVE I Scott M. Milne, ACORD 25S (7197 z (i)Adi rORIPCIII 199A 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 (7197) .. ....................... ................... . . . . ......... .................. ............................... .... .. ...... NOTEP`A�: INSUREO'SNAM� n's Asphalt & Seal Coating,. csR HR S DA1 City of Newport Beach Public Works Department, it's Officers, Officials, Employees, Volunteers and Agents are named as additional insureds per attached CG20101185, with Primary Wording, for occurrences arising out of work performed by or on behalf of the named insured during this policy year. Waiver of Subrogation with respects to GL Policy applies per attached G0326 Ed. 9 -97. 0 0 POLICY NUMBER: K-K06100042 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 Puhlic Works Dept., its officers, officials, employees, volunteers and agents. RE: Project #3473; Newport Heights Pavement Overlay. (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 II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. It is 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 10 11 85 Copyright, Insurance Services Office, Inc., 1984 0 CG201085 1,199 0 CONTRACTORS RECOVERING .aMAGES FROM A THIRD PARTY ENDORSEMENT This er.dorsemert changes your Commercial General UaClllty P- "Ott =ticn. BEN'S ASPHALT & SEAL COATING POLICY =KK06100042 03/011/02 - 03/ -1/03 How Coverage Is Changed The following rsglacee the Recoverinc Danage Fren A T hlyd Farty section. Recovering Damages From A Third Party Any prg -ec:ed person under this policy may ba a'_-la to raccvar all or par; or a loss ran. scmacne other than us. Because of this, each crctec'ed Person rust do all that's cos;lb!e aS -er a loss to preserve any r;Snt of recovery availabia. If we hake a payment under this policy that right of r =ccvery will belonc to us. But we will net hnva thin right of roccvery agninnt any: . parent; • owr.ad or ccrtrotlad subsidiary; or • affiliatad company where you have management control. we will wcrk with you or any protected penor, in the exerci *e of our right of recovery. 14 we recover any amount. it wil; be distributed in the following nar,ner. • you or any protected person will be reirrbursad firs: for the loss not covered ty insurance. ThestFa"I • Next, We will be eatitl2d to a ^/ rem=aining talance, up to t ,-e arrc;rt paid under tnis policy to reimturse us fully. • Tren if any amount remairs, ycu or any ether protected peracn arc entitled tc th_ excess. Hc,,vever, exoensas of recovery prcceeeings will to divice; i.; the same rage as t.-a recovery is H' we are nct s•_c= =_ =_s * *CI iC a ride: C. r =_co'ie7/ inj7.a. °d a- our r ues:, we vvi;l to r__ or.siti= fcr tre re =ever; expenses. We will waive cur rght gi recovar) against any person or crg_ani:ation if you are required in a ccntracl wltn that person cr erganizatior to waive that riot -.t. But wo'II do so only for paynents we make b =cause of covered injury or da -'age that results from wcrk done by or for you under that contract. And only if you ar,ter into that contract before th= injury or damage happens. Other Terms 411 other tar.ms of your policy rarrain the same. ._. _ C- c_c7 it t!.5.A_ E:.dcrcemen: JUL -OB -02 16:34 FROM: ID =3105421803 PAGE 2/E AGORA CERTIFICA F LIABILITY INSU CFN2DSSA °A07 //0 o2 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Dodge Warren S Peters- Torrance 3625 Del Amo Blvd., #300 Torrance CA 90503 - Phone:310- 542 -4370 Fax:310 -5412 -1803 Ben's Asphalt Inc. 2200 S. Yale Sit. Santa Ana CA 92704 INSURERA INSURER D; INSURER C INSURER D: INSURERS AFFORDING COVERAGE THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE POR THE POLICY PERIOD INDICATED. NOTNRRl4iANDING 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 TYPEOFINSURANCE POLICY NUMBER DATE MM DATE MM/D I uMTrS 1 GENERAL UABILITY COMMERCU.L GENERj�AL LIABILITY CLAIMS MADE (7 OCCUR I IMPOSE NOOBUCan L w oN OR eILm aNO OF error THE INSURER. ITS AGENTS OR EACH OCCURRENCE 5 FIRE DAMAGE (Any ere fee) S MED EXP (Any are psr ) S PERSONAL & ADV IUURY $ GENERAL AGGREGATE $ GEN% AGGREGATE LIMITAPPLIES PER POLICY 17 PERO- C LOCI ( PRODUCTS - COMPIOP AGG $ A AUTOMOBRE LIABILRT ANY AUTO ALL owHEp Auros SCHEDULED AUTOS WRED Al1T05 NON.0INNED AUTOS AL8261063 03/01/02 03/01/03 Ga- 6d- SINGLE LIMIT (EA AmJY4) y$1,000,000 X BODILY INJURY (Pw pe I S ]{ BODILY INJURY (PM SaS.leM) S X PROPERTY DAMAGE GARAGE LIABILITY ANY AUTO I AUTO ONLY -EA ACCIDENT IS OTHER THAN EA ACC AUTO ONLY: AGG S $ EZCEW LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION S I I EACH OCCURRENCE $ AGGREGATE $ S S S A WORKERS COMPENSATION AND EMPLOYERSLIABILITY I WC7083095 I 03/01/021 03101103 WC STATLI X I TORY LIMITS llleTk� :ELEACHACCIDENT &1,000,000 E.L. DISEASE - EA EMPLOYE 1 OOD 000 E.LDISEASE- POLICYLDAIT 51,000,000 OTHER DEBCRIPOON OF QP TIONSAA TIONSMEHIGLEWEYCLUSIONS ADDED BY ENDOR $FMENTBPECIAL PROVISIONS + *Cancellation is amended to 10 day notice for non- payment. City of Newport Beach, its officers, officials, employees, volunteers S agents are additional insured as respects to the Automobile Liability policy. RE: Project #3473, Newport Heights Pavement Overlay, Workers' Compensation Waiver of Subrogation is incl CERTIFICATE HOLDER 1Y I ADDITONALINSURED- ,M'rURERLETTER: A CANCELLATION c_i4ywPo SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Newport Beach DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAR M-L DAYS WRITTEN Attn: Shaun NOTICE TO THE OtTZTFlCATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DD Sa SHALL Fax #949- 644 -3318 3300 Newport Blvd- IMPOSE NOOBUCan L w oN OR eILm aNO OF error THE INSURER. ITS AGENTS OR Newport Beach CA 92658 -8915 REYRRESENTATVESv AUTHOPJ= RED RF3ENT4 __� James C. 0 ACORD z5s rnsn 1__` ®pcOROCORP-ORATION 19W JUL -06 -02 16:34 FROM: IMPORTANT ID:3105421603 PAGE 3/5 If the certificate holder is an ADDITIONAL INSURED, the policy(es) 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 statemen on this certificate does not confer rights to the oettifcate holder in lieu of such endorsement(s). DISCLAIMER The Gerfificate of Insurance on the reverse side of this form does not constihrte a contract between the issuing insurer(s), authorized representative or producer, and the certifficate holder, nor does it affirmatively or negatively amend, extend or after the coverage afforded by the policies listed thereon. JUL-08-02 16:34 FROM: POLICY NUMBER AL8261063 EFFECTIVE DATE: 311102 ID:3105421B03 • COMtviERCIAL AUTO INSURED: Ben'sAsphalt,lne Ben's Asphalt & Maintenance .Division Medina Construction Cal -State Paving Co., Inc. ADDITIONAL INSURED ENDORSEMENT PAGE 4/5 The person or organization shown in the schedule is an additional insured under the provisions of CA 0001 12 93 Section III c. NAME OF PERSON OR ORGANIZATION City of Newport Beach, its officers, officials, employees, volunteers 3300 Newport Blvd. Newport Beach, CA 92658 -8915 RE: Project#3473, Newport Heights Pavement Overlay BY Jam artorano, Vice President Dodge, Warren & Peters Insurance Services JUL -08-02 16 =34 FROM: ID =3105421803 PAGE 5/5 is • 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. (The following "attaching 014=" need bo Completed only when this endorsement is issued subsequent to preparadmn of the policy.) This endorsement, effective 12:01 AM 311/02 forms a part 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: T13D 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, its officers, officials, employees, volunteers 3300 Newport Blvd. Newport Beach, CA 92658 -8915 RE: Projects 3473, Newport Heights Pavement Overlay WC 04 03 06 Countersigned C7 P�Z,_ (Ed 4-84) James C_Uq�.Iohmo, Authorized Representative JUL -08 -2002 MON 01;18 PM CAL SURANCE k- 9 EIq- (P LILl - - 33lg 0 FAX NO. 71J91654 CERTIFICATE OF INSURANCE CHECKLIST CITY OF NEWPORT BEACH THIS CHECKLIST IS COMPRISED OF REQUIREMENTS AS OUTLINED ABY THE CITY OF NEWPORT BEACH, P. Ol DATE RECEIVED: DEPARTMENT /CONTACT RECEIVED FROM: %5 )Q U Y\ O � DV I e✓ ��pp I DATE COMPLETED: �� - SENT TO: X12 IA n O, BY: ) L-t-Do I [a,- COMPANY/PERSON REQUIRED TO HAVE CERTIFICATE: t32 h t 5 ,Lr ho t I GENERAL LIABILITY: /� A. INSURANCE COMPANY: .S'f, 10 AA, Q, Fi rC- rY) 6-,%1 +0 _ B. AM BEST RATING (A VII or greater): A ly V C. ADMITTED COMPANY: ( Must be California Admitted) Is company admitted in California? Yes No— D. LIMITS: (Must be $1,000,000 or greater) Wbat is limit provided?�� ) OY1 E. PRODUCTS AND COMPLETED OPERATIONS: (Must Include) Is it included? Yes No F. ADDITIONAL INSURDED WORDING TO INCLUDE: ( The City its officers,J01M officials, employees and volunteers). Is it included? Yes No_ G. PRIMARY AND NON CONTRIBUTORY WORDING: (Must be included) Is it included? Yes Y No_ H. 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 1. 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 LL48IISIY: A. INSURANCE COMPANY: san&-Q LA n itTy--� Y e, 1 n S B. AM BEST RATING (A VII or greater): Y4- 1 ,Y UJ C. ADMITTED COMPANY: ( MUST BE CALIFORNIA ADMITTED) Is company admitted? Yes No D. LIMITS: ( Must be $1,000,000 minimum BI & PD and $500,000 UM) What is limits rovided? E. ADDITIONAL INSURED WORDING TO INCLUDE: (The City its officers ,gPNW, ofi3cials, emlljpyets and vo eers . Is it included? Yes _ No F. PRIMARY AND NON CONTRIBUTORY WORDING: (For Waste Haulers Only). Is it included? Yes_ No_�!a 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. III. WORKERS COMPENSATION A. INSURANCE COMPANY: () a t OYM6S1. U - r B. AM BEST RATING (A VII or greater)X Y C. LIMITS: Statutory D. WAVIER OF SUBROGATION: (To include). Is it included? Yes_ No-L<'� HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes No__k IF NO, WHICH ITEMS NEED TO BE COMPLETED? m 1 SS ! Vn6 Company Profile • 0 Pagel of 2 Company Profile ns nce TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA C/O TRAVELERS /AETNA PROP & CAS CO ONE TOWER SQUARE HARTFORD, CT 06183 800 - 392 -5494 Former Names for Company Old Name: AETNA CASUALTY & SURETY COMPANY OF Effective Date: 07 -01 -1997 AMERICA Agent for Service of Process JAMI BURKS, 21688 GATEWAY CENTER DRIVE 3RD FLOOR DIAMOND BAR, CA 91765 U,.nable, to Locate the.Agent for Servic..e. of Process`? Reference Information NAIC #: NAIC Group #: California Company ID #: Date authorized in California: License Status: Company Type: State of Domicile: 31194 0041 2444 -8 July 31, 1981 UNLIMITED- NORMAL Property & Casualty CONNECTICUT Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY http:/ /www4.insurance.ca.gov /wu/idb_Co _prof utl.get_co _prof?p_EID =6182 07/08/2002 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL NEWPORT HEIGHTS PAVEMENT OVERLAY CONTRACT NO. 3473 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 (including the list of PCC Reconstruction and Tree Root Pruning locations located in the back of the 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. 3473 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization Dollars �L1hD �� IOC and Cents Per Lump Sum 2. Lump Sum Traffic Control @I0ar ' tVandDollars � 0 , 0c//ix * y'4 Cents Per Lump Sum 3. 2,900 L.F. Remove Existing and Construct PCC Type -A Curb and Gutter @ L Dollars and O v0 Cents $ Per Linear Foot $ i3,.,`� $ 21 too e • PR2of2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 680 L.F. Remove Existing PCC Pavement and Construct PCC Gutter @_ Dollars and r Gt2 Cents $ i Per Linear Foot 5. 16 Trees Tree Root Pruning and Root Barriers �z 6ollrs ; � 0c,i G and Cents $ Per Trees 6. 4,300 S.F. Remove Existing and Construct 4 -Inch Thick PCC Sidewalk Dollars i and Cents $ $� Per Square Fo t 7. 2,100 S.F. Remove Existing and Construct PCC Driveway Approach Dollars and • .1 Cents $ o $ .2 Per Square V6ot 8. 2,000 S.F. Remove Existing Improvements and Construct PCC Access Ramp @ Dollars and Cents / $ —1:1— $ 1,3 oo Per tqualrel Foot 9. 1,800 S.F. Remove Existing Improvements and Construct 8 -Inch Thick PCC Cro77, ltte-r @ !� Dollars and Cents uo $ �S— ��,, cm $ — Per Square Foot • • PR3of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 115,000 S.F. Cold Mill Asphalt Concrete Pavement 11 12. 13. 14. @ Dollars and �l Xr�e�x /!cc Cents $ ' $ 4 Per Square Foot 1,000 S.F. Cold Mill PCC Pavement @ Dollars o and �p CO Cents $ $ L Per Square Foot Lump Sum Crack Seal r @ 4p I'L-W Dollars Ulm ar 'tsefatfi C�I, lm Per Lump Sum 2,600 S.Y 300 Tons Install Fabric Glasgrid 8501 $ s�oo C, ollars 2p�D �, � �� C� , C; and Ea N' Cents $ $ 49 . Per Square Yard Construct Asphalt Concrete Leveling Course Dollars and ,Aq. 65�,i�, ir;l' Cents 6 Per Ton 15. 6,800 S.F. Reconstruct Asphalt Concrete Pavement g` -tee-)✓ !C . Dollars and Cents Per Square Foot • PR4of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 3,950 Tons Construct 2 -Inch Thick Asphalt Concrete Pavement Overlay @ G Dollars and G' yc� /cC 1K Cents Per Ton 17. 21 EA Water Valve Box Frame and Cover @ U MDollars and Cents Per Each 18. 10 EA Manhole rame and Cover @ [4Dollars rC; Cents $ a '�V $ .2 oo Per Each 19. 2 EA Adjust Sewer Main Cleanout Frame and Cover Grade @ 'Dollars and LAL C nts $ ;)o $ x%(00 Per Each 20. 2 EA Adjust Su ey Mon ment to Grade @��Ilars C nts $ a �o�= $`�= Per Each 21. 8 EA Replace Tr is Detector Loop et Dollars and u� I 0 Cents $ $ Per Each • • PR5of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 22. Lump Sum Install Pavement Traffic Striping, Markings and Marke @Dollars � and Cents $ 7 Per Lump Sum TOTAL PRICE IN WRITTEN WORDS and G9100 Cents 6/11/02 Date (714) 540 --1700 / Fax (714) 540 -1709 $ 4Iq , X25 Total Price (Figures) 1m's Bidder Bidder's Telephone and Fax Numbers Bidd�r' tN 668417 C12 2200 S. , Bidder's License No(s). Bidder' Ad r and Classification(s) 7rr_. Signature and Title 0 0 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS NEWPORT HEIGHTS PAVEMENT OVERLAY — CONTRACT NO. 3473 TIME OF COMPLETION 4 INTRODUCTION General 4 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 5 -8 SALVAGED MATERIALS 1 1 2 2 2 2 2 2 2 3 3 3 3 3 3 3 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 3 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 3 6 -7 TIME OF COMPLETION 4 6 -71 General 4 6 -7.2 Working Days 4 6 -7.4 Working Hours 4 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -8 PROJECT SITE MAINTENANCE 5 0 9 7 -8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 5 7 -8.8 Steel Plates 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 5 7 -10.1 Traffic and Access 5 7 -10.2 Storage of Equipment and Materials in Public Streets 5 7 -10.3 Street Closures, Detours, and Barricades 5 7 -10.4 Public Safety 7 7- 10.4.1 Safety Orders 7 7 -10.5 "No Parking" Signs 7 7 -10.7 Notice to Residents and Businesses 8 7 -15 CONTRACTOR'S LICENSES 8 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 8 SECTION 9 MEASUREMENT AND PAYMENT 9 9 -3 PAYMENT 9 9 -3.1 General 9 9 -3.2 Partial and Final Payment 12 PART 2 - -- CONSTRUCTION MATERIALS SECTION 200 ROCK MATERIALS 12 200 -2 UNTREATED BASE MATERIALS 12 200 -2.1 General 12 SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 12 201 -1.1 Requirements 12 201 -1.1.1 General 12 SECTION 203 BITUMINOUS MATERIALS 13 203 -1 Paving Asphalt 13 203 -1.1 General 13 SECTION 213 ENGINEERING FABRICS 13 213 -3 Glasgrid 13 213 -3.1 General 13 SECTION 213 PAVEMENT MARKERS 13 214 -4 Non - reflective Pavement Markers 13 214 -5 Reflective Pavement Markers 13 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 14 300 -1 CLEARING AND GRUBBING 14 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 15 303 -5.1 0 0 15 300 -1.3 Removal and Disposal of Materials 14 300 -1.3.1 General 14 300 -1.3.2 Requirements 14 307 -4 Concrete Curb, Walk, Gutters, Cross Gutters, Driveway, 16 307 -4.9.3 and Alley Inspections 14 300 -1.5 Solid Waste Diversion 14 SECTION 302 ROADWAY SURFACING 14 302 -5 ASPHALT CONCRETE PAVEMENT 14 302 -5.1 General 14 302 -5.2 Cold Milling Asphalt Concrete Pavement 15 302 -5.4 Pavement Transitions 15 302 -5.2.5 Tack Coat 15 302 -7 PAVEMENT FABRIC 15 302 -7.1 General 15 302 -7.2 Placement 15 302 -7.2.1 Pavement Preparation 15 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 15 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 15 303 -5.1 Requirements 15 303 -5.1.1 General 15 303 -5.5.2 Curb 15 SECTION 307 STREET LIGHTING AND TRAFFIC SIGNALS 16 307 -4 TRAFFIC SIGNAL CONSTRUCTION 16 307 -4.9.3 Inductive Loops 16 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATION 16 308 -1 General 16 SECTION 310 PAINTING 17 310 -5 PAINTING VARIOUS SURFACES 17 310 -5.6.7 Layout, Alignment and Spotting 17 310 -5.6.8 Application of Paint 17 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 18 312 -1 PLACEMENT 18 • 2 -9 SURVEYING • SP2OF18 2 -9.3 Survey Service. Add to this section: "The City will provide construction staking as required to construct the improvements. Any additional stakes or any restaking, or costs thereof, shall be the responsibility of the Contractor. The Contractor shall notify the City in writing two working days in advance of the time that the stakes are needed. The City's Surveyor will file a Corner Record or Record of Survey with the County Surveyor's Office prior to the start of any construction. After completion of all construction, the City's Surveyor will file a Corner Record or Record of Survey with the County Surveyor's Office for any monuments that have been replaced. All existing street and property corner monuments are to be preserved. The Contractor will be 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." 0 • SP3OF18 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 thorough 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 re -tests and re- 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 Orange County Sanitation District, Southern California Edison, The Gas Company, Pacific Bell, cable television, and other non -City facilities to the finish grade with their respective owners. 5 -8 SALVAGED MATERIALS. The contractor shall remove and salvage City -owned sewer manhole covers and grade rings and City owned water valve cans and covers, and furnish and install new sewer manhole cover and water valve covers prior to finish grade adjustment. Salvaged material shall be delivered to the City Utilities Yard at 949 West 16`" Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 -3402. SECTION 6 - -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed'. The work for 32 "6 Street shall be scheduled as the last work location, to minimize traffic impact on Newport Boulevard during the summer months." 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 0 • SP4OF18 approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within sixty consecutive working days after the date on the Notice to Proceed. " It will be the Contractor's responsibility to ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1 st, the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday in November (Thanksgiving), and December 25th (Christmas). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 8:00 a.m. to 4:30 P.M. Monday through Friday. Should the Contractor elect to work outside normal working hours, he must first obtain special permission from the Engineer. The request may be for 4:30 P.M. to 6:30 P.M. on weekdays or 8:00 A.M. to 6 P.M. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $55.00 per hour when such time periods are approved. • • SP 5 OF 18 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." 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 to make the necessary arrangements. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc. Solar- powered arrowboards and flagpersons are required for traffic control on this project. The Contractor shall maintain temporary A.C. ramps to all driveways and private entrances at all times." 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 laydown area. The Contractor shall restore the laydown area to its pre- construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street. 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 and detour plans shall be prepared, sealed, • • SP6OF18 and signed by a California Licensed Traffic Engineer. Such plans shall conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), 2001 Edition and comply with 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 business, apartments 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 and businesses. All notices shall include the contractor's phone number and the correct dates for construction. The engineer shall approve all notices. 6. A street can be reduced to one traffic lane controlled by flagmen. 7. During non - working hours, the Contractor shall maintain one lane open for each direction of traffic. Parking lanes may only be closed during non- working hours with written permission for the Engineer. 8. The roadway for Sherrington Lane and Sea Gull Lane shall not be closed before 8:30 AM or after 3:30 PM. 9. Except for paving and concrete curing operations, access to side streets, parking lots, parking structures, and driveways shall be maintained at all times. 10. Due to the short distance separation on Old Newport Boulevard between Coast Highway and Santa Ana Avenue, the Contractor shall make provisions to provide all traffic control measures, including the use of flagperson(s), to direct traffic in a safe and efficient manner through the Santa Ana Ave /Old Newport Blvd intersection work zone. • • SP7OF18 11. The work for 32nd Street and LaFayette Avenue shall be conducted as follows: • In order to accommodate multiple daily truck deliveries to the Pavilions store in the vicinity of the 32nd Street work location, whenever 32nd Street from Newport Boulevard to 50' west of Villa Way is closed to traffic, the remaining portions of 32nd Street and LaFayette Avenue between 32nd Street and Via Lido shall be open to traffic. This restriction applies to the roadway removal and paving operations. • Whenever the portion of 32nd Street adjacent to the Civic Center is closed to traffic, the left -turn lane on southbound Newport Boulevard onto eastbound 32nd Street shall be closed. • All work operations, including traffic control, that require temporary encroachment into Newport Boulevard shall be performed between 9AM and 3PM. • The metered parking spaces on 32 "d Street adjacent to the Civic Center shall be available for public use after 3 PM on each 2 "d and 4`" Tuesday of each month. • Except for paving operations, at least one -half of the meter parking spaces between Newport Boulevard and Villa Way shall be available for public use at all times. • No lane closures shall occur before 8:30AM or after 4PM. • The quick -cure concrete for cross gutters shall be placed no later than 11AM. 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 the workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall furnish, install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for E • SP8OF18 enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Parking Control Traffic Division at (949) 644 -3717, for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be similar in design and color to sign R -38 of the CalTrans Uniform Sign Chart. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents and Businesses. Ten working days prior to starting work, the Contractor shall deliver a City provided construction notice to the adjacent residents and businesses, within 500 feet of the project, describing the project and indicating the limits of construction. The delivery of a supply of notices to the management office of the Coronado at Newport apartment complex located adjacent to the Sherrington Lane and Sea Gull Lane work locations shall be sufficient. Forty -eight hours before the start of any construction, the Contractor shall distribute to the adjacent residents and businesses a second written City notice stating when construction operations will start, 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 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 RECORDSMS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and 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. • • SP9OF18 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, obtaining permits including a rider to the City's blanket Caltrans permit, preparation of the SWPPP, preparation of the construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications to nearby residents and businesses, preparing traffic control and detour plans, installing 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 Remove Existing and Construct P.C.C. Type A Curb and Gutter: Work under this item shall include all labor, tools, equipment, and materials costs for removing and disposing of the existing curb and gutter, subgrade compaction, 12" wide X 8" deep AC patchback, 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. Gutter width shall be 18 inches or 24 inches as indicated on the Drawings. Item No. 4 Remove Existing PCC Pavement and Construct P.C.C. Gutter: Work under this item shall include all labor, tools, equipment, and materials costs for sawcutting, removing and disposing of existing PCC pavement, subgrade compaction, constructing P.C.C. gutter, epoxy sealing construction joints, installing dowels, and all other work items as required to complete the work in place. Gutter width shall be 18 inches or 24 inches as indicated on the Drawings. Item No. 5 Tree Root Prune and Root Barriers: Work under this item shall include all labor, tools, equipment, and materials costs for removing pavement and exposing • • SP 10 OF 18 the roots, removing and disposing of interfering tree roots, installing tree root barrier, reconnecting any underground electrical, cable, and irrigation lines and components, and all other work items as required to complete the work in place. Item No. 6 Remove Existing and Construct 4 -Inch Thick P.C.C. Sidewalk: Work under this item shall include all labor, tools, equipment, and materials costs for removing and disposing of the existing sidewalk, backfill subgrade compaction, resetting sign and parking meter posts, constructing 4 -inch thick P.C.C. sidewalk, and all other work items as required to complete the work in place. Item No. 7 Remove Existing and Construct P.C.C. Driveway Approach: Work under this item shall include all of the labor, tools, equipment, and materials costs for removing existing improvements and constructing P.C.C. driveway approach as shown on the Drawings, 12- inches wide X 8- inches deep AC patchback, depressed PCC curb and gutter along the length of the approach, and all other work necessary to complete the improvements in place. Item No. 8 Remove Existing Improvements and Construct P.C.C. Access Ramp: Work under this item shall include all labor, tools, equipment, and materials costs for removing existing improvements and constructing P.C.C. access ramp, variable height PCC retaining curb, depressed PCC curb and gutter along the length of the ramp, 12- inches wide X 8- inches deep AC patchback, and all other work necessary to remove the existing improvements and construct the access ramps complete and in place. Item No. 9 Remove Existing Improvements and Construct 8 -Inch Thick P.C.C. Cross Gutter: Work under this item shall include all labor, tools, equipment, and materials costs for the removal and disposal of existing improvements, subgrade compaction, placement of crushed miscellaneous base, base compaction, construction of 8 -inch thick P.C.C. cross gutter and 12" wide X 8" deep AC patchback along both sides of the cross gutter, and all other work items as required to complete the work in place. Item No. 10 Cold Mill Asphalt Concrete Pavement: Work under this item shall include all labor, tools, equipment, and materials costs for saw cutting, cold milling, and disposing the asphalt concrete roadway to variable and constant depths as shown on the drawings, removing and reinstalling parking bumpers on 32ntl Street, adjacent to City Hall, and all other work necessary to complete and in place. Item No. 11 Cold Mill PCC Pavement: Work under this item shall include all labor, tools, equipment, and materials costs for sawcutting, cold milling, and disposing the concrete roadway to the depth shown on the drawings and all other work necessary to complete and in place. Item No. 12 Crack Seal: Work under this item shall include all labor, tools, equipment, and materials costs for pavement clearing and cleaning, routing out the cracks, applying a soil sterileant/weed killer solution, and crack sealing the existing • • SP 11 OF 18 roadway with a hot - applied crack sealant, applying an asphaltic tack coat to the roadway and all other work necessary to complete the work in place. Item No. 13 Install Fabric Glasgrid 8501: Work under this item shall include all labor, tools, equipment, and materials costs for pavement clearing and cleaning, installing Fabric Glasgrid 8501, and all other work necessary to complete the work in place. Item No. 14 Construct Asphalt Concrete Leveling Course: Work under this item shall include all labor, tools, equipment, and materials costs for pavement clearing and cleaning, tack coat, constructing variable thickness AC leveling course, and all other work necessary to complete the work in place. Item No. 15 Reconstruct Asphalt Concrete Pavement: Work under this item shall include all labor, tools, equipment, and materials costs for pavement and subgrade excavation and disposal, subgrade compaction, crushed miscellaneous base placement and compaction, tack coat, asphalt concrete swale and base course placement and compaction, and all other work necessary to complete the work in place. Item No. 16 Construct 2 -Inch Thick Asphalt Concrete Pavement Overlay: Work under this item shall include all labor, tools, equipment, and materials costs for pavement clearing and cleaning, tack coat, asphalt concrete pavement placement and compaction, and all other work necessary to complete the work in place. Item No. 17 Water Valve Box Frame and Cover: Work under this item shall include all labor, tools, equipment, and materials costs for salvaging and delivering the existing valve box frame and cover to the City Utilities Yard at 949 West 16" Street, the furnishing and installing new valve box frame and cover to finished grade, and all other work necessary to complete the work in place. Item No. 18 Manhole Frame and Cover: Work under this item shall include all labor, tools, equipment, and materials costs for salvaging and delivering the existing manhole frame and cover to the City Utilities Yard at 949 West 16`h Street, furnishing and installing new manhole frame and all other work necessary to complete the work in place. Item No. 19 Adjust Sewer Main Cleanout Frame and Cover to Grade: Work under this item shall include all labor, tools, equipment, and materials costs for adjusting all sewer main cleanout frame and cover to finished grade and all other work necessary to complete the work in place. Item No. 20 Adjust Survey Monument to Grade: Work under this item shall include all labor, tools, equipment, and materials costs for adjusting the survey monument to grade, the filing of records with the County Recorder, all other work necessary to complete the work in place. • • SP 12 OF 18 Item No. 21 Replace Traffic Detector Loop: Work under this item shall include all labor, tools, equipment, and materials costs to replace the traffic detector loops, make electrical connections, test and calibrate the new detector loop, and all other work necessary to complete the work in place. The new traffic detector loops /system shall be fully operational to the satisfaction of the Engineer within five (5) days after the pavement finish course has been placed. Item No. 22 Install Pavement Traffic Striping, Markings and Markers: Work under this item shall include all labor, tools, equipment, and materials costs for installing pavement traffic striping and markings, raised pavement markers, fire hydrant raised pavement markers, temporary striping, final striping and markings after the pavement finish course has been in place for at least fifteen (15) days, and all work necessary to complete the work in place. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 200 - -- ROCK MATERIALS 200 -2 UNTREATED BASE MATERIALS 200 -2.1 General Replace the first paragraph of this Section with, "Materials for use as untreated base shall be crushed miscellaneous base." SECTION 201 - -- CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1 Requirements 201 -1.1.1 General Add to this Section, "All portland cement concrete used on the work shall be 560 -C -3250. However, to expedite concrete curing, the Contractor shall use quick -cure concrete for the new cross gutters at the 32 n Street/Villa Way intersection. Such concrete shall have a mix design that will sufficiently cure the fresh concrete in five (5) hours to support fully loaded tractor - trailer trucks that will drive on Villa Way to make deliveries to the nearby Pavilions grocery store. The following is an example mix design that is acceptable for the quick -cure concrete. The contractor may submit a different mix design for the Engineer's approval and is not required to use the example mix design below. Slump: 3" to 4" Aggregates: 1" maximum W/C ratio: 0.40 Sack content: 7.50 Cement: 700 pounds per cubic yard Fly Ash: None Sand: 1,365 pounds per cubic yard Water: 34.0 gallons per cubic yard Entrapped air: 1.25% Admixture WRDA 79: 35 ounces per cubic yard SECTION 203 - -- BITUMINOUS MATERIALS 203 -1 PAVING ASPHALT SP 13 OF 18 203 -1.1 General Add to this Section, "All asphalt concrete used on the work shall be III- C3 -AR- 4000." SECTION 213 - -- ENGINEERING FABRICS 213 -3 GLASGRID 213 -3.1 General All Glasgrid 8501 shall be manufactured by: Saint - Gobain Technical Fabrics 345 Third Street, Suite 615 Niagara Falls, NY 14303 Telephone (716) 285 -0731 Toll free 1- 888 - 549 -7667 Fax (716) 285 -5515 Email insidesales(d)saint- gobain.com 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 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials • SP 14 OF 18 300 -1.3.1 General. Add to this section: 'The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. Approximate area of removal and replacement is 1,000 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 '/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. 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'/4-inch or greater in width shall be cleaned and sealed with a hot - applied crack sealant approved by the Engineer. Holes, spalls, and cracks • • SP 15 OF 18 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. The Contractor shall place the AC pavement overlay within three (3) days of pavement cold mill completion." 302 -5.2 Cold Milling Asphalt Concrete Pavement 302 -5.2.5 Pavement Transitions. Replace the first sentence of this Section with, "A.C. ramping is required at all transverse join lines regardless of the offset depth." 302 -5.4 Tack Coat. Add to this section: "Prior to placing the asphalt concrete, a tack coat of Type SS -1 h asphaltic emulsion at a rate not to exceed one —tenth (1 /10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." 302 -7 PAVEMENT FABRIC 302 -7.1 General. Add to this section: "The pavement fabric shall be GLASGRID 8501 or approved equal." 302 -7.2 Placement 302 -7.2.1 Pavement Preparation. Add to this section: "The Contractor shall fine mill the existing asphalt pavement to the desired depth prior to installing tack coat and pavement fabric. The Contractor shall place a' /2 -inch thick asphalt leveling course on the PCC roadway in order to provide a smooth surface for application of the tack coat and pavement fabric." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 2,000 psi." 303 -5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the • • SP 16 OF 18 valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718 -3402. In addition, the new curb face shall be painted to match existing, if any ". 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 -513 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. 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. SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. Add to this section: 'The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall submit recommendations by its arborist to the City for review for safely pruning and removing tree roots. No roots shall be pruned of removed unless this submittal is returned to the Contractor as satisfactory. Prior to the submittal, the Contractor shall arrange to meet with the City's Urban Forester, Mr. John Conway (949- 644 -3083) at the site to discuss City standards and requirements. The submittal shall adhere to the following guidelines. 1. Root Pruning b. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. c. Roots shall be cleanly severed using a root - pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root - cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. • • SP 17 OF 18 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and /or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and /or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump - grinding machine instead of a root - pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. 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. SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: "The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 310 -5.6.8 Application of Paint. Add to this section: "Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0 • SP 18 OF 18 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 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 new pavement." 0 PCC Reconstruction and Tree Root Prune Work Locations NO. STREET NAME ADDRESS/LOCATION SIDEWALK C & G I ACCESS ROOT PRUNING DRIVEWAY SQ.FT. LF. RAMP -SF APPROACH SF Beacon Street 1 2915 Beacon 40 Broad Street 2 3201 Broad 100 19 1 3 455 Westminster Avenue on Broad 25 100 Cliff Drive 4 AF 2932 Cliff 26 5 AF 2928 Cliff 6 6 2915 Cliff 112 1 7 2907 Cliff 65 8 AF 2914 -2904 Cliff 130 9 AF 2904 -2812 Cliff 90 10 AF 411 Redlands Ave. @ Cliff 60 11 2700 Cliff DR @ Riverside Avenue 200 55 160 1 12 2704 Cliff 14 13 2708Cliff 14 14 2717 Cliff 17 15 400 Redlands Ave on Cliff 57 16 2800 Cliff 94 1 17 2804 Cliff Dr. to 410 San Bernardino Ave. 325 1 18 410 San Bernardino Ave. @ Cliff 20 160 19 2900 Cliff 70 20 2904 -2908 Cliff 104 21 2908 Cliff 160 22 2910 Cliff 20 160 23 2910 -2914 Cliff 80 80 24 2918 Cliff 27 25 2920 Cliff 130 196 26 2924 Cliff 50 27 2928 Cliff 100 28 2936 Cliff 13 29 2940 -2944 Cliff 20 80 30 2948 Cliff 23 Santa Ana Avenue 31 3001 Cliff Dr. @ Santa Ana Ave. 28 32 217 Santa Ana Ave. 20 33 215 Santa Ana Ave. 20 34 Santa Ana Ave. @ La Jolla Dr. 60 16 64 35 Santa Ana Ave. @ Old Newport Blvd. 20 120 36 AF 217 Santa Ana Ave. 20 37 AF 233 -237 Santa Ana Ave. 130 38 AF 225 Santa Ana Ave. 7 39 AF 231 Santa Ana Ave. 6 0 0 PCC Reconstruction and Tree Root Prune Work Locations NO. STREET NAME ADDRESS /LOCATION SIDEWALK C & G ACCESS ROOT PRUNING DRIVEWAY SQ.FT. LF. RAMP -SF APPROACH SF Sherington Place 40 AF 835 Sherin ton 25 280 41 AF Light pole #1370 on Sherin ton 228 25 1 280 42 Light Pole # 1388 on Sherin ton 320 1 280 43 901 Dover Dr. @ Sherin ton 300 35 1 44 N.E. corner of Sherin ton /SeaGull 46 45 AF 901 Dover Dr.@ Sherin ton 16 70 46 835 Sherin ton 128 68 1 Sea Gull Lane 47 AF 1755 Sea Gull 1 250 48 AF 1805 Sea Gull 60 1 49 AF 1935 Sea Gull 80 20 330 50 AF 2115 Sea Gull 360 60 51 AF 2125 Sea Gull 60 52 2125 Sea Gull 49 53 2115 Sea Gull 310 1 54 1935 Sea Gull 95 22 1 55 Light Pole # 1365 on Sea Gull 144 1 56 1845 Sea Gull 142 1 57 1805 Sea Gull. 216 1 32nd Street 58 N.W. corner of 32nd St. LAFa ette Ave 20 59 200 32nd 46 60 N.W. corner of 32nd St. Via Oporto 17 60 61 N.E. corner of 32nd St.@ Villa Wa y 20 100 62 3116 Newport Blvd to 406 32nd 480 18 63 S.E. corner of 32nd St. @ Villa Way 20 100 64 AF 200 32nd 20 65 1 530 LaFa ette Ave. on 32nd 250 66 601 LaFa ette Avenue 1 31 100 STATE OF CALIFORNIA . DEPARTMENT RANSPORTATION E-NCROACHMENT PERMIT 7R -0120 (REV. 2/58) In compliance will (Check one) X Your application of MAY 22, 2001 El Utility Notice No. of ❑ Agreement No, of ❑ R1W Contract No. of TO: CITY OF NEWPORT BEACH 3300 NEWPORT BLVD. NEWPORT BEACH, CA 92663 M. SINACORI, UTILITIES ENGINEER 949/644 -3342 I i 1201 -N U E -0370 �nA 11An 11An Dale May 23, 2001 (Check applicable): Fee Paid EXEMPT r Deposit $ Performance Bond Amounl (1) Payment eond Amount (2) Bond Company ❑ Yes Bond Number (1) Bond Number (2) ,PERMITTEE And subject to the following, PERMISSION IS HEREBY GRANTED to: Enter onto all conventional State highways within the Newport Beach City limits to perform routine maintenance and to make emergency repairs to existing water, sewer and street lighting facilities, and to pothole as necessary to locate existing electrical facilities. FREEWAYS ARE EXCLUDED from this permit. All work shall be performed in accordance with current Caltrans Standard Specifications, Standard Plans and the attached PERMIT UTILITY MAINTENANCE PROVISIONS. Permittee shall contact State Permit Inspector SHAHRYAR DERAVI at 949/724 -2152 for work north of MacArthur Boulevard, or RAHIM MONAJEMI at 949/440 -4480 for work south of MacArthur Boulevard, prior to the start of work on each emergency repair, and 2 working days prior to the start of routine maintenance work. Failure to comply with this requirement will result in suspension of this permit. Permittee's Contractors shall each furnish the State with a signed application requesting a separate Caltrans "DP" permit authorizing the Contractor to perform the work within the State Highway right of way in Permittee's behalf. A I ne ionowing attachments are (Check applicable): X NO Review Yes X Yes ❑ No ❑ Yes X No X Yes ❑ No E] Yes ❑ No as General Provisions Utility Maintenance Provisions Special Provisions A Cal -OSHA permit required prior to beginning work; actual costs for: ❑ Yes X NO Review Yes X No Inspection Yes X NO Field Work (If any Caltrans effort expended) has been reviewed and is considered orior to permit. This permit is void unless the work is complete before MAY 31, 2003. This permit is to be strictly construed and no other work other than specifically mentioned is hereby authorized. No proiect work shall be commenced until all other necessary Dermits and environmental clearances have been obtained. SHAHKYAK DERAVI -State Permit Inspector APPROVED: RAHIM MONAJEMI -State Permit Inspector File 01 -0370 Mtce. (2) Ken Nelson, Acting District Director Prepared by Alfred Anguiano t Nfory Mohtashami, District Permit Engineer Page I of 2 Cl Y OF NEWPORT BEACH • 1201 -NU E -03 70 MAY 23, 2001 deposit of S80.00 will be required from each Contractor at the time of applicalion. Each of Permittee's Contractors will be billed periodically for all Caltrans inspection charges and for any costs incurred by Caltrans Maintenance forces relative to this permit. In addition to the attached General Provisions (TR -0 045), the following Special Provisions are applicable: 1. Permittee shall contact the California Highway Patrol Area Commander prior to implementing traffic control which requires lane closures. 2. Whenever the work area is more than 1.83 m away from the adjacent traffic lane but within a designated shoulder or parking lane, a shoulder closure or parking lane closure acceptable to Caltrans shall be utilized. 3. Personal vehicles of the Contractor's employees shall not be parked on paved shoulders or traveled way within the limits of this work. 4. All components of the traffic control system shall be removed from the traveled way and paved shoulders at the end of the each work period. 5. Orange vests and hard hats shall be worn at all times while working within State right -of -way. 6. Unless otherwise authorized by the State Permit Inspector, the full width of traveled way shall be open for use by public traffic on Saturdays, Sundays and designated legal holidays, after 3:00 PM on Fridays and on the day preceding designated legal holidays, and when field operations are not actively in progress. 7. In the event of any discrepancy between Permittee's Permit Plans and these Permit Special Provisions, these Special Provisions shall prevail. 8. Unless otherwise approved by the State Permit Inspector no work that interferes with public traffic shall be performed on weekdays between 6:00 AM and 9:00 AM, or between 3:00 PM and 6:30 PM, 99. Immediately following completion of the work permitted herein, Permittee shall fill out and fax to 9491724 -2265 the attached Questionnaire to initiate final permit processing. WATER POLLUTION CONTROL PROVISIONS • Permittee shall fully conform to the requirements of the Caltrans statewide NPDES Storm Water Permit, Order No. 99 -06 -DWQ, NPDES No. CAS000003, adopted by the State Water Resources Control Board on July 15, 1999. When applicable, the Permittee shall also conform to the requirements of the General NPDES Permit for Construction Activities, Order No. 92 -08 -DWQ, NPDES No. CAS 00002, and any subsequent General Permit in effect at the time of issuance of this Encroachment Permit. These permits regulate storm water and non -storm water discharges associated with year -round construction activities. Please note that the Santa Ana Regional Water Quality Control Board has designate October 1st through April 30th as the "Rainy Season." • For all projects of 2 hectares (5 acres) or more the Permittee shall develop, implement, and maintain a Storm Water Pollution Prevention Plan (SWPPP) conforming to the requirements of Caltrans statewide Permit, the General NPDES Permit for Construction Activities, and the "Caltrans Storm Water Quality Handbook, Construction Contractor's guide and Specifications," effective August 30, 1997, and subsequent revisions. • For all projects less than 2 hectares (5 acres), the Permittee shall develop, implement, and maintain a Water Pollution Control Program (WPCP) conforming to the requirements of Caltrans Specification Section 7 -1.01 G. "Water Pollution Control ", and the "Caltrans Storm Water Quality Handbook, Construction Contractor's Guide and Specifications ", effective April 30, 1997, and subsequent revisions. A copy of the WPCP must be submitted to Encroachment Permits prior to proceeding with any soil disturbing activities. • Copies of the Permits and the Construction Contractor's guide and Specifications of the Caltrans Storm Water Quality Handbook may be obtained from the Department of Transportation, Material Operations Branch, Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, California 95815, telephone: 916/445 -3520. Copies of the Permits and Handbook are also available for review at Caltrans District 12, 3347 Michelson Drive, Suite 100, Irvine, California, Telephone: 949/724 -2260. Page 2 of 2 STATE OF CALIFOP�;L4 - DEPARTMENT OF TR:USPORTATION ENCROAC17WENT PERMIT J'UA.L UTILITY I'ROVISIONS TR -'O 160 A (Rev. 2/94) Any public utility or public corporation who lawfully maintains a utility encroachment, or their agent, may perform routine or emergency maintenance on such facility in accordance with die following provisions: UE1. EXCLUSIONS: These provisions do not authorize tree triarming, work on freeways, expressways, aerial capacity increase on designated "Scenic Highways ", or other activities not specifically provided for in this permit. UE2. POSSESSION OF PERMIT REQUIRED: The permit or a copy thereof shall be kept at the site of the work and must be shown to any representative of the Department or any law enforcement officer on demand. WORK SHALL BE SUSPENDED IF PERMIT IS NOT AT JOB SITE AS PROVIDED. UE3. NOTICE REQUIRED: Before starting work, the permittee shall notify the Department's representative. In emergencies, the Department's representative shall be notified as soon as possible. UE4. STANDARDS OF WORK: All work shall conform to recognized standards of utility construction and Department's current Standard Specifications. UES. EMERGENCY REPAIRS: The permittee may make emergency repairs, altering traffic flow, excavating through improved surfaces, only when breaks in the conduit, cable, or pipeline over or under the pavement present a definite public hazard or serious interruption of essential service. In such cases, the Department's representative shall be notified immediately. UE6. OPEN EXCAVATIONS: No excavation shall be left open after daylight hours, unless specifically authorized and adequate protection for traffic is provided in accordance with general provisions, "Protection of Traffic ". Backfitl and pavement replacement shall be performed in accordance with General Provisions, "Restoration and Repairs in Rights of Way ". UE7. TRAFFIC CONTROL HOURS: Work requiring traffic control shall be conducted between 9:00 a.m. and 3:00 p.m. or as otherwise authorized by the Department's representative. UE8. WORK PERMITTED - AERIAL: 1. Install additional capacity (in the same location), except facilities over the traveled way on designated "Scenic Highways ", or on Structures. 2. Maintain, inspect, remove, repair or replace (in the same location) all aerial facilities except over the traveled way or on Structures. EP 94 0001 3. perform insulator washing and imerconneca splicing of cables. 4, hhstai or remove service connections with potential to ground of 300 volts or less, except over the traveled way. 5. Install, maintain. remove, repair or replace aerial service connections with potential to ground of 300 volts or less, over the traveled way when specifically stated in permit. 6. Installations and clearances shall be equal to those required by either the State of California Public Utilities Commission orders or the California Occupational Safety and Health Regulations (CAL - OSHA), Division of Industrial Safety, Safety Orders, promulgated in the California Code of Regulations, Title 8, Chapter 4, whichever is greater. UE9. WORK PERMITTED - UNDERGROUND: I. Maintain, inspect, remove, repair or replace (in the same location) all underground facilities except those requiring trenching in the traveled way. 2. Install additional capacity in existing ducts except for facilities not in compliance with the Department's current "Manual on High and Low Risk Facilities within Highway Rights of Way" or on Structures. 3. Install air flow monitoring transducers and piping in existing ducts. 4. Barholing, potholing, cleaning, rodding and placing float ropes. 5. Adjust access cover to grade and replace in kind or with larger size pull boxes. 6. interconnect splicing of cables. 7. Install service connections perpendicular to the highway using jacking and boring methods under the raveled way. Electrical service is restricted to a potential to ground of 300 volts or less. Gas and domestic water services are restricted to 5.08 centimeter (2 ") in diameter or less. 8. Permanent pavement patching for work authorized by this permit. UEIO. FAILURE TO COMPLY: Failure to comply with the terms and conditions above shall be grounds for revocation of this permit. i�. - 35 ATGCF CAL H-OF1hIA• DEPA ,rtENToANSPORTATION STANDARD ENCROACHMENT PERMIT APPLICATION PART A TRG 100 (RGV. D/97) P, Liiiun is rJyue,1ed to Cncroai h on Ills State Hiehwa) Right of I'ER!.ilT NO. faV as U Ot+'5: ( Om) [I. uli IAfnLC NA !f nJt npjAlLplile.) - tIIST /CO /(]TIE =, Application is not complete until all required attachments are included. , FOR CALTRANS USG 1. COUNTY _ 2. ROUTE 3. POSTMILE S1APL.EX STAMP Orange Various VAR MARKERS. ETC.) ❑ MOVIE, TV FILMING 4. ADDRESS OR STREET NAME S. CITY ❑ SIDEWALKS /GUTTERS ❑ EROSION CONTROL Newport Beach ❑ SURVEY 6. CROSS STREET (Distance and direction from site) 17. PORTION OF RIGHT OF WAY ❑ OWN FORCES X CONTRACTOR Annua 1 I DATE EXCAVATION I 11. MAX. DEPTH 2 AVG. DEPTH J1F4&VMJ1fUTH 14. LENGTH PIPES facie I (_ C 3 ) - - - -- 4 /C -VA2 0-1 D -3-7-0 12 F;'7K AIVI I STAMP EST. 21. FULLY DESCRIBE WORK WITHIN STATE R/W (additional space on reverse side if needed): Attach complete plans (minimum 5 sets folded 21.6 centimeter X 28 centimenter (8.5' X 11')) specs, calcs, maps, etc., if applicable. NUE permit application for work in State right of way for maintenance and emergency repairs or minor replacement of existing water, sewer and street light facilities installed by developers or contractors. This Permit application is requesting permission to allow potholing existing facilities. Developers will apply for seperate permit for installation. YOUR OWN REFERENCE NO. Has any other Caltrans Department reviewed your plans? []YES ❑ NO 22. Is any work being done on applicant's property? ❑ YES ❑ NO (It'YES.' briefly describe in section x21, and attach site and grading plans.) 23. Is a city, county, or other agency involved in the environmental approval? ❑ YES (Check documentation type and attach approved copy) ❑ CATEGORICALLY EXEMPT ❑N.D. ❑EIR ❑ NO (Check the category below in section 23a, which describes the project) 238- ❑ FLAGS. SIGNS, BANNERS, ❑ CONSTRUCTION / MODIFICATION OF ❑ CONSTRUCTION, RECONSTRUCTION. MAINTENANCE. OR DECORATIONS, PARADES AND SIGNALS OR ANY OTHER TRAFFIC CONTROL RESURFACING OF A ORIVEWAY OR ROAD APPROACH CELEBRATIONS SYSTEMS AND DEVICES, INCLUDING ❑ DITCH PAVING ADDITION OF NEW ELEMENTS. E] ADDITION OR REPLACEMENT OF ROADWAY DEVICES OR MARKINGS (GLARE SCREEN, BARRIER, LIGHTING, STRIPING. ❑ rEw-E PUBLIC UTILITY MODIFICATIONS. MARKERS. ETC.) ❑ MOVIE, TV FILMING IXTENTIONS, HOOKUPS ❑ MAILBOX ❑ SIDEWALKS /GUTTERS ❑ EROSION CONTROL ❑ REPAIR / MAINTENANCE OF EXISTING HIGHWAYS ❑ SURVEY ❑ NONE OF THE ABOVE (1(POied canrwr be da=ybed in *bow Oneg"S. rtQu V Apokafkn Pert B /mm 00 Pe"N Orf p- .) 23 b. Does this project cause a substantial change In the significance of a historical resource? ❑ YES ❑ NO (if TES; request appficatlon Part'S' kom the Permit Office) 23 C. IS this project ort an existing highway Or street where the activity involves fengval of a scenic msotnce including a stand Of trees, a rock OUlcf0Wng Or a historic building? ❑ YES ❑ NO (if 'YES.' request application Pan 'B' from the Permit Office) The undersigned agrees and understands that a permit can be dented or a bond required for non - payment of prior or present permit fees, that the work will be done in accordance with Ca/trans rules and regulations subject to Inspection and approval, and that permit fees may still be due when an application Is withdrawn or denied, and that a denial may be appealed in accordance with California Streets and Highways Code, Section 671.5. STANDARD ENCROACANT PERMIT APPLICATION • Page a TF.otco (PCV. £3190 - 21, Descript,on of work (continued) ' FEE CALCULATION - FOR CALTRANS USE ❑ CASH I CHECK ❑ CREDIT CARD 'O�€XEMPT ❑ PROJECT EA _ — _ _ _ _ ❑ SET FEE ❑ AS ❑ AX ❑ DEFERRED BILLING (UUlty) CALCULATED BY (t) (2) REVIEW 1. HOURS $ 2. HOURS ® $ 1. FEE /DEPOSIT $ DATE 2. FEE / DEPOSIT $ DATE TOTAL FEE / DEPOSIT $ $ INSPECTION I. HOURS ®$ 2. HOURS ®$ 1. FEE t DEPOSIT $ DATE 2. FEE I DEPOSIT a DATE TOTAL FEE t DEPOSIT $ a FIELD WORK HOURS ®$ a a a CASH DEPOSIT IN LIEU OF BOND $ $ a TOTAL COLLECTS CASHIER'S INITIALS $ a a ' The current hourly rate Is set annually by Headquarters Accounting. District Office staff do not have authority to modify this late. PERFORMANCE BOND ❑ DATE AMOUNT $ PAYMENT BOND ❑ DATE AMOUNT a LIABILITY INSURANCE REQUIRED? ❑ YES ❑ NO AMOUNT a YM Y, 1{ 0 0 ATTACHNIENT CALTRANS DISTRICT 1.2 ENCROACHMENT PERN11T WATER POLLUTION CONTROL PROVISIONS Any runoff draining into Caltrans Right of Way must fully conform to the current discharge requirements of the Regional Water Quality Control Board (RWQCB) to avoid impacting water quality. Permittee will fully conform to the requirements of the Caltrans Statewide National Pollutant Discharge Elimination System (NPDES) Storm Water Permit, Order No. 99 -06 -DWQ, NPDES No. CAS000003, adopted by the State Water Resources Control Board on July 15, 1999, in addition to the BMPs specified in the Caltrans Storm Water Management Plan (SWMP). When applicable, the Permittee will also conform to the requirements of the General NPDES Permit for Construction Activities, Order No. 99 -08 -DWQ, NPDES No. CAS000002, and any subsequent General Permit in effect at the time of issuance of this Encroachment Permit. These permits regulate storm water and non -storm water discharges associated with year -round construction activities. Please note that project activities should pay extra attention to storm water pollution control during the "Rainy Season" (October I" — May 15) and follow the Water Pollution Control BMPs to minimize impact to receiving waters. Measures must be incorporated to contain all vehicle loads and avoid any tracking of materials, which may fall or blow onto Caltrans Right of Way. For all projects resulting in 2 hectares (5 acres) or more of soil disturbance or otherwise subject to the NPDES program, the Contractor will develop, implement, and maintain a Storm Water Pollution Prevention Plan (SWPPP) conforming to the requirements of the Caltrans Specification Section 7 -1.01G "Water Pollution Control ", Caltrans Statewide NPDES Permit, the General NPDES Permit for Construction Activities, and the Caltrans Storm Water Quality Handbooks "Storm Water Pollution Prevention Plan (SWPPP) and Water Pollution Control Program (WPCP) Preparation Manual ", anA "Construction Site Best Management Practices (BMPs) Manual" effective November 2000, and subsequent revisions. For all projects resulting in less than 2 hectares (5 acres) of soil disturbance or not otherwise subject to the requirements of the NPDES program, the Contractor will develop, implement, and maintain a Water Pollution Control Program (WPCP) conforming to the requirements of Caltrans Specifications Section 7- 1 -.01G, "Water Pollution Control ", and the Caltrans Storm Water Quality Handbooks "Storm Water Pollution Prevention Plan (SWPPP) and Water Pollution Control Program (WPCP) Preparation Manual ", and "Construction Site Best Management Practices (BMPs) Manual" effective November 2000, and subsequent revisions. Copies of the Permits and the Construction Contractor's Guide and Specifications of the Caltrans Storm Water Quality Handbook may be obtained from the Department of Transportation, Material Operations Branch, Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, California 95815, Telephone: (916) 445 -3520. Copies of the Permits and Handbook are also available for review at Caltrans District 12, 3347 Michelson Drive, Suite 100, Irvine, California 92612, Telephone: (949) 724 -2260. Electronic copies can be found at http;//).vww.dot.ca.govfhq/construc/stormwater.html Revised 3/08/01 +� 1 State of California — Department of Transportation WORK COMPLETION NOTICE 12 -NIP -0037 (Rev. 1194) Permit No City /Rte. /P1&1: Inspector: P>rmittee: All work authorized by the above- numbered permit was completed on: _F Date: 1 / z Sieaed: CUSTOMER SERVICE OUESTIONN.URE INSIDE THE OFFICE EXCELLENT VERY GOOD GOOD POOR Staff courteous and helpful ' Staff quick and efficient Explanations and instructions clear TELEPHONE ANSWERNG Timely response I I Receiving information and answers INSPECTION inspector courteous and helpful Pre construction meeting set and Held in a timely manner Inspector at the job site frequently Inspector able to answer questions And deal with problems OVERALL PERFORMANCE What would you say is our overall Performance? Fill out the form immediately after the completion of the work permitted and fax to (949) 724 -2265 1 5lAIl- OF (AIAP)ILN'LA. Df, PARIMENI OI' 1 AsSI'ORrk'llOA fiNCROACHM I'. ST I'ERMI'f GEN'I'RAL lifto VISIONS lR -(H)d5 (REV.8198) 1. :Al' flI0Rll'Y; The D,paornwul's a.11hori[y t01,,e cntroadnucna j,rniiL is rnn'idCd under, Dis. I, Chp1.3. Am 1. Sccr 66,1 to . nl the Strccl< and ri;_hrcayx Cad,. _. REVOCAIION: Enernachmeni prnuus art revocable on fie, doss notice unless wherw'i.ae, ufed on the permit and ,.,c,pt as provided by law for public Corporations, franchise holders, and militivs_ These General Pommo vs and the Encroachment Penult Utility Pmvisions are subject to modification or abrogation It any time. Puma« ces' joint use agreements, franchise rights, reserved ndas or any other agrccmems for operating purposes in State highway right of way are exceptions to this revocation. 3. DENIAL FOR NONPAYMENT OF FEES: Failure to pay rental fees when due can result in rejection of future applications and denial of permits. 4. ASSIGNMENT: No party other than the permiuce or permiuce's authorized agent is allowed to work under this permit. 5. ACCEPTANCE OF PROVISIONS: Pemtittec understands and agrees to accept these General Provisions and all attachments to this permit, for any work to be perforated under this permit. 6. BEGINNING OF WORK: When traffic is not impacted (see Number 35), the permittee shall notify the Department's representative, two (2) days before the intent to start permitted work. Permith a shall notify the Department's Representative if the work is to be interrupted for a period of five (5) days or more, unless otherwise agreed upon. All work shall be performed on weekdays during regular work hours, excluding holidays, unless otherwise specified in this permit. 7. STANDARDS OF CONSTRUCTION: All work performed within highway right of way shall conform to recognized construction standards and current Department Standard Specifications, Department Standard Plans High and Low Risk Facility Specifications, and Utility Special Provisions. Where reference is made to "Contractor and Engineer;' these are amended to be read as "Permitlee and Department representative." 8. PLAN CHANGES: Changes to plans, specifications, and permit provisions are not allowed without prior approval from the State representative. L—J Sp<tificnems tort oaflic conuo! ,,tent.. IIcx Genial Ihs rvision> art nut intcudoi to impose upoo the )munhtcc_ by third parties. ant duty or .cmda I of Care, i,,a(Cf Unla or diffenam front as rcgnired by law. 15. MINI.MOM IN "it :KFICR EN Cf: ltl "fH "I "IL. \FFI(': I'enuiuco shall pl:m and tondna rank s as to Oltl e the Icast rossiblt uuonwnrccsc to the iraeehng public: traffic Shall not be unrcaaonably ddsytd. On on'vraionat highways, )xnnille. shall place propel, auired flag ens) 10 stop or warn the Irreelimg public in mntpliaacc with (ire Manual of'rofilc Controls and Insunilions to Flag -rcrs Pamphlet. 16. STORAGE OF EQUIPMENT AND MATERIALS: S: [quipmcnl ;,art material storage in Slate right of wny shall comply will, Standard Specifications, Standard Plans, and Special Provisions. Whenever the pcntittec places an obstacle within 3.03 or (12') feel of the traveled way, the permittee shalt place temporary railing (Type M. 17. CARE OF DRAINAGE-: Permittec shall provide alternate drainage for any work interfering with an existing drainage facility in compliance with the Standard Specifications, Standard Plans and /or as directed by the Department's representative. 18. RESTORATION AND REPAIRS IN RIGHT OF WAY: Penttiltce is responsible for restoration and repair of State highway right of way resulting from permitted work (Stale Streets and Highways Code, Sections 670 et. seq.). 19. RIGHT OF WAY CLEAN UP: Upon completion of work, permittee shall remove and dispose of all scraps, brush. limber, materials, etc. off the right of way. The aesthetics of the highway shall be as it was before work stared. 20. COST OF WORK: Unless stated in the permit. or a separate written agreement, the permittee shall bear all costs incurred for work within the State right of way and waives all claims for indemnification or contribution from the State, 21. ACTUAL COST BILLING: When specified in the perpim, the Department will bill the permittee actual costs at the currently set hourly rate for encroachment permits. 22 AS -BUILT PLANS: When required, permittce shall submit one (1) set of as -built plans in compliance with Department's requirements. Plans shall be submitted within thirty (30) days after completion and approval of work. 9. INSPECTION AND APPROVAL: All work is subject to momitoring and inspection. Upon completion of work, permittee shall request a final inspection for acceptance and approval by the Department. The local agency permittee shall not give final construction approval to its contractor until final acceptance and approval by the Department is obtained. 23. 10. PERMIT AT WORKSITE: Permittee shall keep the permit package or a copy thereof, at the work site and show it upon request to any Department representative or law enforcement officer. If the permit package is not kept and made available at the work site, the work shall be suspended. 11. CONFLICTING ENCROACHMENTS: Permittec shall yield star of work to ongoing, prior authorized, work adjacent to or within the 24. limits of the project site. When existing encroachments conflict with new work, the permittee shall bear all cost for rearrangements, (e.g., relocation, alteration, removal, etc.). 12, PERMITS FROM OTHER AGENCIES: This permit is invalidated if the permittee has not obtained all permits necessary and required by law, from the Public Utilities Commission of the Slate of California (PUC), California Occupational Safety and Health Administration (Cal- OSHA), or any other public agency having jurisdiction. 13. PEDESTRIAN AND BICYCLIST SAFETY: A safe nlnintum passageway of 1.21 meter (4') shall be maintained through the work area at existing pedestrian or bicycle facilities . At no time shall pedestrians be diverted onto a portion of the street used for vehicular traffic. At locations where safe alternate passageways cannot be provided, appropriate signs and barricades shall be installed at the limits of construction and in advance of the limits of construction al the nearest crosswalk or intersection to detour pedestrians m facilities across the street. 14. PUBLIC TRAFFIC CONTROL: As required by law, the permittee shall provide traffic control protection warning signs, lights, safety devices, etc., and take all other measures necessary for traveling 25. public's safety. Day and night time lane closures shall comply with the Manuals of Traffic Controls, Standard Plans, and Standard urtatrrun As -Built plans or accompanying correspondence shall not include disclaimer statements of any kind. Such statements shall constitute non - compliance with these provisions. Failure to provide complete and signed As -Built plans shall be cause for bond or deposit retention by the Department. PERMITS FOR RECORD PURPOSES ONLY: When work in the right of way is within an area under a Joint Use Agreement OUA) or a Consent to Common Use Agreement (CCUA), a fee exempt permit is issued to the pertniuee for the purpose of providing a notice and record of work. The Perfttee's prior rights shall be preserved without (he intention of creating new or different rights or obligations. "Notice and Record Purposes Only" shall be stamped across the face of the permit. BONDING: The permittee shall file bond(s), in advance, in the amount set by the Department. Failure to maintain bond(s) in full force and effect will result in the Department stopping of all work and revoking permil(s). Bonds are not required of public corporations or privately owned utilities, unless permittee failed to comply with the provision and conditions under a prior peril. The surely company is responsible for any latent defects as provided in California Code of Civil Procedures, Section 337.15. Local agency permittee shall comply with requirements established as follows: In recognition that project construction work done on Slate property will not be directly funded and paid by State, for the purpose of protecting stop notice claimants and the interests of State relative to successful project completion, the local agency permittee agrees to require the construction contractor famish both a payment and performance bond in the local agency's name with both bands complying with the requirements set forth in Section 3 -1.02 of Slate's current Standard Specifications before performing any project construction work. The local agency perigee shall defend, indemnify, and hold harmless the State, its officers and employers from all project construction related claims by contractors and all stop notice or mechanic's lien claimants. The local agency also agrees to remedy, in a timely manner and to State's satisfaction, any latent defects occurring as a resin of the project construction work. FUTURE MOVING OF INSTALLATIONS: Permitlee understands and agrees to rearrange a permitted installation upon request by the Department, for State construction, reconstruction, or Maintenance 26. 27 28. 29 30 t.ork au the hiehwe. Tlw pc,inincc ai oil :ole cgans a doss under a poor a, rcemcut AA rrn CCUA..ha0 oomph with .1111 request. ARCIIAI:OLOGICAIAIfIS'IORICAI.: If any archamloglcal or hisxnical I"ources are reveub'd ill the work vicinity, the pennillee shall immicdiatc Iv stop work, polity lie DR partmcnfS rcprcscnlativ<. retain a qualified archacolugist who shall evaluate the site, and make rccaumuldations m the Department representative regarding the continuance of work. PREVAILING WAGES: Work performed by or under it permit may require perrnitice's contractors and subcontractors to pay appropriate prevailing wages as set by the Department of Industrial Relations. Inquiries or requests for intefprcunions relative to enforcement of prevailing wage requirements are directed to State of California Department of Industrial Relations, 525 Golden Gate Avenue, San Francisco, California 94102. RESPONSIBILITY FOR DAMAGE: The State of California and all officers and employees thereof, including but not limited to the Director of Transportation and the Deputy Director, shall not be answerable or accountable in any manner for injury to or death of any person, including but not limited m the permittee, persons employed by the permiltee, persons acting in behalf of the permttee, or for damage to property from any cause. The permiltee shall be responsible for any liability imposed by law and for injuries to or death of any person, including but not limited to the permiltee, persons employed by the permittee , persons acting in behalf of the rm peiittee, or for damage to property arising out of work, or other activity permitted and done by the permittee under a permit, or arising out of the failure on the permatee's part to perform his obligations under any permit in respect to maintenance or any other obligations, or resulting from defects or obstructions, or from any cause whatsoever during the progress of the work, or other activity or at any subsequent time, work or other activity is being performed under the obligations provided by and contemplated by the permit. The permittee shall indemnify and save harmless the State of California, all officers, employees, and State's contractors, thereof, including but not limited to the Director of Transportation and the Deputy Director , from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person, including but not limited to the perminee, persons employed by the pennillee, persons acting in behalf of the permitlee and the public, or damage to property resulting from the performance of work or other activity under the permit, or arising out of the failure on the permittee's pan to perform his obligations under any permit in respect to maintenance or any other obligations, or resulting from defects or obstructions, or from any cause whatsoever during the progress of the work, or other activity or at any subsequent tittle, work or other activity is being performed under the obligations provided by and contemplated by the permit, except as otherwise provided by statute. The duty of the permittee to indemnify and save harmless includes the duties to defend as set forth in Section 2778 of the Civil Code. The permittee waives any and all rights to any type of expressed or implied indemnity against the State, its officers, employees, and State contractors. It is the intent of the Parties that the permittee will indemnify and hold harmless the State, its officers, employees, and State's contractors, from any and all claims, suits or actions as set forth above regardless of the existence or degree of fault or negligence, whether active or passive, primary or secondary, on the pan of the State, the pefmittee, persons employed by the permittee, or acting on behalf of the permiltee. For the purpose of this section, "State's contractors" shall include contractors and their subcontractors under contract to the State of California performing work within the limits of this Permit. NO PRECEDENT ESTABLISHED: This permit is issued with the understanding that it does not establish a precedent. FEDERAL CIVIL RIGHTS REQUIREMENTS FOR PUBLIC ACCOMMODATION: A. The permittee, for himself, his personal representative, successors in interest, and assigns as pan of the consideration hereof, does hereby covenant and agree that: 1. No person on the grounds of race, color, or national origin shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. 2. That in connection with the construction of any improvements on said lands and the furnishings of services thereon, no discrimination shall be practiced in the selection and retention of first -tier subcontractors in the selection of second -tier subcontractors. 3. That such discrimination shall not be practiced against the public in their access to and use of the facilities and services provided for LJ puhhc au.ouml l I n: (sir l t. tin_ I I o I.x1 - 'anion). and Ipe"nio ton a L ur un 1 I dt i a.. I Ili ri hl ( 4. That the puimnu .'hall use the plemi" in r urplLw�e wall :d: other requiremenu impuud par <vani h+ Till, li, Coda of Federal Regulation,. Couuncrce :ua3 Ibreigo Tr. +de. Subride A. Oft-ice of the Secretary of Conaverce, pan 8 115 C-R. Part Si and as .aid Rcgul:uions may be amended. li. That in the event of breach of any of the aborc nondlscriminatimt covenams, the State site" have the right In tern ere the Permit and to re-tare, lint repossess said lard and like land and (lie facilities thereon, and hold the same as if said permit had never been mane or issued. 31. MAINTENANCE OF HIGHWAYS: The permittee agrees, by acceptance of a permit. to properly maintain any encroachment. This assurance requires the permittee to provide inspection and repair any damage, at perimUCe's expense, to Slate facilities resulting from the encroachment. 32. SPECIAL EVENTS: In accordance with subdivision (a) of Streets and Highways Code Section 682.5. the Department of Transportation shall not be responsible for the conduct or operation of the permitted activity, and the applicant agrees to defend, indemnify. and hold harmless the State and the city or county against any and all claims arising out of any activity for which the permit is issued. Permittee understands and agrees that it will comply with the obligations of Titles 11 and Ill of the Americans with Disabilities Act of 1990 in the conduct of the event, and further agrees to indemnify and save harmless the Stale of California, all officers and employees thereof, including but not limited to the Director of Transponanon, from any claims or liability arising out of or by virtue of said Act. 33, PRIVATE USE OF RIGHT OF WAY: Highway right of way shall not be used for private purposes without compensation to the Stale. The gifting of public property use and therefore public funds is prohibited under the California Constitution, Article i6. 34. FIELD WORK REIMBURSEMENT: Permitlee shall reimburse Slate for field work performed on permitlee's behalf to correct or remedy hazards or damaged facilities, or clear debris nor attended to by the permittee. 35. Notification of Department and TMC: The pennillee shall notify the Department's representative and the Traffic Management Center (TMC) at least 7 days before initiating a lane closure or conducting an activity that may cause a traffic impact. A confirmation notification should occur 3 days before closure or other potential traffic impacts. In emergency situations when the corrective work or the emergency itself may affect traffic. TMC and the Department's representative shall be notified as soon as possible. 36, Underground Service Alert (USA) Notification: Any excavation requires compliance with the previsions of Government Code Section 4216 et. seq., including , but not limited to notice to a regional notification center, such as Underground Service Alen (USA). The permittee shall provide notification at least 48 hours before performing any excavation work within the right of way. TO: FROM: SUBJECT: June 25, 2002 CITY COUNCIL AGENDA ITEM NO. io Mayor and Members of the City Council Public Works Department NEWPORT HEIGHTS PAVEMENT OVERLAY - AWARD OF CONTRACT NO. 3473 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3473 to Ben's Asphalt, Inc. for the Total Bid Price c $474,825.00 and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $47,000.00 to cover the cost of unforeseen work. DISCUSSION: At 10:00 AM on June 13, 2002, the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low Ben's Asphalt, Inc. of Santa Ana $474,825.00 2 All American Asphalt of Corona $477,477.00 3 R.J. Noble Company of Orange $486,035.43 4 Sequel Contractors, Inc. of Downey $518,570.00 The low total bid amount is one percent above the Engineer's Estimate of $470,000.00. The low bidder, Ben's Asphalt, Inc., possesses a General Engineering Classification "A" contractor's license as required by the project specifications. Ben's Asphalt has satisfactorily completed similar pavement rehabilitation work for other Southern California agencies. This project provides for the pavement rehabilitation of: • Bolsa Avenue from Clay Street to 15th Street • Broad Street from Westminster Avenue to Bolsa Avenue • Cliff Drive from Santa Ana Avenue to Riverside Avenue • Beacon Street from Cliff Drive to Santa Ana Avenue • Santa Ana Avenue from Old Newport Boulevard to Cliff Drive • Sea Gull Lane SUBJECT: NEWPORT HEIGHI&AVEMENT OVERLAY -AWARD OF CONTRMNO. 3473 June 25, 2002 Page: 2 • Sherrington Lane • 32nd Street from Newport Boulevard to LaFayette Avenue • LaFayette Avenue from 32nd Street to Via Lido In addition, concrete sidewalk, curb and gutter, cross gutters will be reconstructed, and pavement striping will be installed within the above locations and at 2439 Coast Highway. Except for during paving operations, Ben's Asphalt is required to maintain driveway access to residents before 8:30 AM and after 3:30 PM and continuously for all commercial driveways on workdays. Full access to all driveways will be maintained during non -work hours. In order to accommodate multiple daily truck deliveries to the Pavillions store adjacent to the City Hall, the 32nd Street and LaFayette Avenue pavements will be reconstructed in alternating phases. Ben's Asphalt is required to complete all of the construction work within sixty working days. The 32nd Street and LaFayette Avenue pavements will be the last work location to minimize the impacts to traffic circulation on Newport Boulevard during the peak summer months, There are sufficient funds available in the following accounts for the work: Account Description Measure -M Tumback Gas Tax Respectfully NT G. Badum, Director By: C``, -' `Y�=� s� Fong Tse, P. V. Associate Engineer Attachment: Project Location Map Bid Summary Account Number Amount 7281- C5100646 $480,539.60 7181- C5100642 $41,285.40 Total: $521,825.00 x U m O 3 W z Y. 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O O O O M O m^ >, n O vl u1 `O N 1� n O p^ C 0 of p P M Y* Y q w OO E,<H wwwww www Q w w CO V d a Z° O O O N O 0 00 0 0 v+ 0 0 ^ -8 0 0 0 0 z 0 vi HwN p w wwwwww ^M 7 m P ri P N w w w w N V1 LL LL a LL LL LL LL LL LL N� Z W Z Q Q Q Q Q� 1"' ~ 80. 00 pp 0 pp pN R p Q P _ n O m O P N O N N m^ N ^0Op ^ O M a L d Y J d 3 Q E >< a 0 V v9^i ry V 3 i `d n 2 Z 0 F U V u i a V i° V° Y i U� � Y c eo E c U« V o_ pc �! V QQe V 6 6 4 6 J d 6 Eli "' V G o V >E c p c E v o U= m E V E u g b C V V .Z LL O d F r a � A a A C o d W A 6 6 a n V V n$ L m ^ a LL" C" _ 6 O E O E o 0 El 0 0 0 u o o s 9 Q p v v n d 3 m[ x oE K W V V V= K Q Q a Q m d a v K f 4 m 8 S' 0 v q r 3 a n C d CA'Y OF NEWPORT ?EACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 July 8, 2002 R.J. Noble Company 15505 E. Lincoln Avenue Orange, CA 92856 Gentlemen: Thank you for your courtesy in submitting a bid for the Newport Heights Pavement Overlay Project (Contract No. 3473) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CIf� OF NEWPORT ?EACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 July 8, 2002 All American Asphalt P.O. Box 2229 Corona, CA 92878 -2229 Gentlemen: Thank you for your courtesy in submitting a bid for the Newport Heights Pavement Overlay Project (Contract No. 3473) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMClAAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 July 8, 2002 Sequel Contractors, Inc. P.O. Box 160 Downey, CA 90241 -0160 Gentlemen: Thank you for your courtesy in submitting a bid for the Newport Heights Pavement Overlay Project (Contract No. 3473) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMClAAE City Clerk 3300 Newport Boulevard, Newport Beach