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C-3554 - Balboa Island Bayfront Repairs (2002-2003)
CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC March 23, 2005 Ranco Corporation P. O. Box 9007 Brea, CA 92821 Subject: Balboa Island Bayfront Repairs (C -3544) To Whom It May Concern: On March 23, 2004, 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 May 4, 2004. The Surety for the contract is American Motorists Insurance Company, and the bond number is SU5000494. Enclosed is the Faithful Performance Bond. Sincerely, LaVonne M. Harkless, MMC City Clerk cc: Public Works Department R. Gunther, P.E. enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 - www.city.newport- beach.ca.us PREMIUM BASED ON FIN" CONTRACT PRICE Executed in four parts CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 02 -03 BALBOA ISLAND BAYFRONT REPAIRS CONTRACT NO. 3544 BOND NO. SU5000494 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 2,978.00 being at the rate of $ 18.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Ranco Corporation, hereinafter designated as the "Principal ", a contract for construction of 02 -03 BALBOA ISLAND BAYFRONT REPAIRS, Contract No. 3544 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3544 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and AMERICAN MOTORISTS INSURANrF COMPANv , 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 one hundred sixty-five thousand, four hundred forty and 00 /100 Dollars ($165,440.00) 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. 0 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the. City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 3rd day of April , 2003. F- . Dctkt, Jo,lc!s k e &daub Ranco Corporation (Principal) A o zed Signature /Title AMERICAN MOTORISTS INSURANCE COMPANY(.L Name of Surety Authorized Agent Signature lie 7470 North Figueroa Street Los Angeles, CA 90041 Address of Surety 323- 257 -8291 Telephone Michael E. Cundiff/ Attorney -in -fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 CALIFORNIA ALL - PLAPOSE ACKNOWLEDGMEN4 State of California County of Los Angeles On personally appeared ❑ Personally known to me - or - before me, Susan E. Morales /Notary Public NAME.IITLE OF OFFICER E. Dale Jones and/or Christopher D. Jones NAME OF SIGNERIS) �! SUSAN E. MORALE' CGMM. #1332202 A Notary Pubiic.catifomia m ' LOS ANGELES COUNTY 1 .ti,a s My Comm. ExP. Dec 25, 2005 Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the data below is not required bylaw, it may prove valuable to persons relying on the clorunmm and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL /OWNER ® CORPORATE OFFICER President & /or Asst. Vice President TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Ranco Corporation DESCRIPTION OF ATTACHED DOCUMENT Non- collusion/Bonds TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT CALIFORNIA: ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On before me, Kenina Bangel. Notary Public NAME, TITLE OF OFFICER personally appeared Michael E. Cunaiff NAME OF SIGNER ■ Personally known to me - On - ❑ REGINA RANGEL cONxl. xtaeeaea W Notary PuWtc-Califemia (a LOS 14 aES COUNTY -+ My Comm. EXP. July 26, 2M proved to me on the basis of satisfactory evidence to be the petsu.i�,, :hose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. OPTIONAL Though 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. CAPACITY CLAIMED BY SURETY ❑ INDIVIDUAL ❑ CORPORATE OFFICER =E(S) ❑ PARTNER(S) ❑ LINlITED ❑ GENERAL SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) American Motorists Insurance Cc: aig Lumbermens Mutual Casualty Comoinv American Manufacturers Mutual Insurance Company Lou-Tones & Associates DESCRIPTION OF ATTACHED DOCUMENT BOND(S) TITLE OR TYPE OF DOCUMENT I�ilu� TaT3i7�r] DATE OF DOCUMENT SIGNER OTHER TI -L-1N NANIE ABOVE ATTORNEY -iN -FACT ❑ TRUSTEE(S) ❑ GUARDL-IN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) American Motorists Insurance Cc: aig Lumbermens Mutual Casualty Comoinv American Manufacturers Mutual Insurance Company Lou-Tones & Associates DESCRIPTION OF ATTACHED DOCUMENT BOND(S) TITLE OR TYPE OF DOCUMENT I�ilu� TaT3i7�r] DATE OF DOCUMENT SIGNER OTHER TI -L-1N NANIE ABOVE 0 May 4, 2004 Ranco Corporation P.O. Box 9007 Brea, CA 92821 Ll CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC Subject: Balboa Island Bayfront Repairs (C -3554) To Whom It May Concern: On March 23, 2004, 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 March 30, 2004, Reference No. 2004000260273. The Surety for the contract is American Motorists Insurance Company, and the bond number is SU5000494. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, CMC City Clerk cc: Public Works Department R. Gunther, P.E. encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 02 -03 BALBOA ISLAND BAYFRONT REPAIRS CONTRACT NO. 35+054 BOND NO. SU5000494 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Ranco Corporation, hereinafter designated as the "Principal," a contract for construction of 02 -03 BALBOA ISLAND BAYFRONT REPAIRS, Contract No. 3544 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3544 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, AMERICAN MOTORISTS INSURANCE COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of one hundred sixty-five thousand, four hundred forty and 001100 Dollars ($165,440.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 26 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 3rd day of April 2001 Ranco Corporation (Principal) Aut iz ignature/Title AMERICAN MOTORISTS INSURANCE COMPANY Name of Surety 2470 North Figueroa Street Los Angeles, CA 90041 Address of Surety 323 - 257 -8291 Telephone Authorized Agent Signature Michael E. Cundiff/ Attorney -in -fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 CALIFORNIA ALL - P• POSE ACKNOWLEDGMEN• State of California County of Los Angeles On APR 'a 3 mL personally appeared before me, Susan E. Morales /Notary Public NAME, TITLE OF OFFICER E. Dale Jones and/or Christopher D. Jones ❑ Personally known to me or - ® Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the nl 00�6mycomm SO comhtEp�j ��ES 1person(s), or the entity upon behalf of which the person(s) Notary Public - California LGSANGELESCGUNry ',acted executed the instrument. . Exp. p� 25, 2005 v..,•F WITNESS my hand and official seal. XJ ccoain —� • /Yl �c�-uo (SIGNATURE OF NOTARY) OPTIONAL Though the data below is not required bylaw, it may prove valuable to persons relving on the dorumenl and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL /OWNER ® CORPORATE OFFICER President &✓or Asst Vice President TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Ranco Corporation DESCRIPTION OF ATTACHED DOCUMENT Non- collusion/Bonds TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles VK a' INDIVIDUAL, On before me, Regina Rangel, Notary Public, CORPORATE OFFICER NAME, TITLE OF OFFICER personally appeared Michael E. Cune TTLE(S) NAME OF SIGNER ❑ Personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that ATTORNEY -IN -FACT he /she /they executed the same in his /hex /their RANGEN_ authorized capacity(ies), and that by his /hex /their = QREGINA N cOM M. atases66 3 otary PuhOaCallomia rAA si ature s on the instrument the person(s), or the enti () �' LOS ANGELES COUNTY upon behalf of which the person(s) acted, executed the My Comm. ECµ July 26, 2606 instrument. ESSmtynhand and of to seal. (SIGH -TuRE6—Fh66TAR OPTIONAL Though 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. CAPACITY CLAIMED BY SURETY DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL, BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TTLE(S) ❑ PARTNER(S) ❑ LIMITED NUMBER OR PAGES ❑ GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON (S) OR ENTITY(IES) American Motorists Insurance Company Lumbermens Mutual Casualty Company American Manufacturers Mutual Insurance Company Lou Jones & Associates _ SIGNER OTHER THAN NAME ABOVE E POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Illinois, having their principal office in Long Grove, Illinois (hereinafter collectively referred to as the "Company ") do hereby appoint Jorge Correa , Leah S. Cripe , Michael E Cundiff , George Munana , Raymond E Gail , Susan E Morales , Christina A. Clarkson , Lawrence W. Carlstrom and Angelica Bisordi of Los Angeles , CA (EACH) their true and lawful agent(s) and Attorney(s) -in -Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as their act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove, Illinois. This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." FK 09 75 (Ed. 09 01) 1 Page 1 of 2 Printed in U.S.A. • • In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers, this October 23, 2002. Lumbermens Mutual Casualty Company Attested and Certified: American Motorists Insurance Company American Manufacturers Mutual Insurance Company �� W 4 � tenrofAn L f twmxsnoc C cc,� iEAI E t4q 0� M1•A� � <ee0 U°•• oh K. Conway, CorporWe Secretary Gary J. ly, nior Vice Pres' t STATE OF ILLINOIS SS COUNTY OF LAKE SS I, Maria I. Omori, a Notary Public, do hereby certify that Gary J. Tully and John K. Conway personally known to me to be the same persons whose names are respectively as Senior Vice President and Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, Corporations organized and existing under the laws of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seals and delivered the said instrument as the free and voluntary act of said corporations and as their own free and voluntary acts for the uses and purposes therein set forth. "OFFICIAL SEAL" MAFIA I. OMORI NOTARY PLIKIC, STATE OF ILLINOIS FFYCOWISSIONExPR59/17 2003 CERTIFICATION w/ a,Q. o -ocz.i Maria I. Omori, Notary Public My commission expires 9 -17 -03 I, J. K. Conway, Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, do hereby certify that the attached Power of Attorney dated October 23, 2002 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Gary J. Tully, who executed the Power of Attorney as Senior Vice President, was on the date of execution of the attached Power of Attorney the duly elected Senior Vice President of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Lumbermens Mutual Casualty Company, the American Motorists Insurance )Company, and the American Manufacturers Mutual y. 2. Insurance Company on this day of , 20 ��1 In nn S � taaruAn L uuueo" g t, LIYIU W e ?s�ffAt� �coaraxuron Joh K. onway, Corporate Mcretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. Home Office: Long Grove, IL 60049 FK 09 75 (Ed. 09 01) Page 2 of 2 Printed in U.S.A. 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk' City of Newport Beach 3300 Newport Boulevard. Newport Beach, CA 92663. 2� Recorded in official Records, County of orange Tom Daly, Clerk-Recorder 1111111111111111 FEE 2110041i0l002160217I3I1012 :21131pIIm 03130/04 200 79 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 Ranco Corporation, of Brea California, as Contractor, entered into a Contract on April 8. 2003. Said Contract set forth certain improvements, as follows: Balboa Island Bayfront Repairs (C -3554) Work on said Contract was completed on February 20. 2004, and was found to be acceptable on March 23. 2004, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is American Motorists Insurance Company. Works Director Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. �y� � � % Executed on 0 a /C(N�� a a d� at Newport Beach, California. BY City Clerk �� .... • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless. CMC March 24, 2004 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completions for: 1) Irvine Avenue 12 -inch Eater Main Replacement (C -3450) 2) Balboa Island Bayfront Repairs (C -3554) 3) Mariners Village Landscape Improvements (C -3612) 4) Sidewalk, Curb and Gutter Replacement (C -3629) Please record the enclosed documents and return to the City Clerk's Office. Thank you. Sincerely, ,CX,, /ff R 4,-&, LaVonne M. Harkless, CMC 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 V1# RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 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 Ranco Corporation, of Brea California, as Contractor, entered into a Contract on April 8, 2003. Said Contract set forth certain improvements, as follows: Balboa Island Bayfront Repairs (C -3554) Work on said Contract was completed on February 20, 2004, and was found to be acceptable on March 23, 2004, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is American Motorists Insurance Company. iAforTcs Director Newport Beach VERIFICATION I certify, under penalty of penury, that the foregoing is true and correct to the best of my knowledge. �y� / Executed on U a a'e � dT at Newport Beach, California. BY City Cleric C�355y CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 10 March 23, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY FROM: Public Works Department MAR i LUU4 R.Gunther, P.E. 949 - 644 -3311 rAl 1 IXU71 rgunther@city.newport-beach.ca.us SUBJECT: BALBOA ISLAND BAYFRONT REPAIRS FY 2002 -2003 — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3554 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 April 8, 2003 the City Council authorized the award of the Balboa Island Bayfront Repairs FY02103 contract to Ranco Corporation. The contract provided the construction of new concrete sidewalks along East Bay Front between Grand Canal and Balboa Avenue, along North Bay Front between Park Avenue and Emerald Avenue, and along West Grand Canal between the Grand Canal Bridge and the first alley north of South Bay Front. Surface drainage is now directed toward the public bulkhead and intercepted by new area drains at select locations for below grade discharge into the nearby street end catch basins via new 6 -inch diameter PVC underground drainpipes. In addition, deteriorated concrete sidewalk panels and curbs at various locations on Garnet Avenue, Emerald Avenue, and Abalone Avenue were reconstructed. The contract has now been completed. However, the contract took longer than the scheduled contract time due to an inadequate work force and the time to do corrective work on concrete areas that had to be re- poured. Because of delays due to re- design SUBJECT: Balboa Island Bayfro pairs FY 2002 -2003 - Completion And Acceptancdoontract No. 3554 March 23, 2004 Page 2 work related to conflicting utilities and minimal slope, no liquidated damages were charged to the contractor. A summary of the contract cost is as follows: Original bid amount: $165,440.00 Actual amount of bid items constructed: $145,262.00 Total amount of change orders: $4,019.28 Final contract cost: $149,281.28 The decrease in the amount of actual bid items constructed under the original bid amount resulted from deletion of a seawall waterstop and miscellaneous items. The final overall construction cost including change orders was 9.77 percent under the original bid amount. One change order in the amount of $4,019.28 provided for the additional seawall coping patchback repair. Environmental Review: The project was determined to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines for the maintenance of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. T he work consisted of the reconstruction of existing concrete walkway improvements and did not impact any environmental resources. Staff filed the Notice of Exemption for this project with the County Clerk on March 14, 2003. Funding Availability: Funds for the project were expended from the following account: Account Description Account Number Amount Balboa Island Bayfront Repairs 7231- C5100314 $149,281.28 The original contract completion date was November 21, 2003. Due to the holiday season and additional work, the contract completion date was extended by change order to January 23, 2003. Punch list items were completed by February 20, 2004, the extended final completion date. Prepared by: R. GuntFier, P.E. Construction Engineer Submitted M G. Badum Works Director 0 0 0 SUBJECT: Balboa Island Bayfront Oirs FY 2002 -2003 - Completion And Acceptance detract No. 3554 March 23, 2004 Page 3 0 CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915 until 11:00 AM on the 20th day of March 2003, at which time such bids shall be opened and read for 2002 -2003 BALBOA ISLAND BAYFRONT REPAIRS Title of Project Contract No. 3560 $ 200,000 Engineer's Estimate p'hen G. Badum c Works Director O� P r�tiQ���r Prospective bidders may obtain one set of bid documents at accost of $ 25.00 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. Project Manager at (949) 644 -3340 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 02 -03 BALBOA ISLAND BAYFRONT REPAIRS 54' CONTRACT NO. 35ii4' INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS 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. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures: bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The 3 securities shall be deposited in a state or federal 1-ha,, iered bank in California, as the escrow aaent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code: "Subletting and Subcontracting Fair Practices Act ". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. lo3WOO A Contractor's License No. & Classification Date 4 • CITY OF NEWPORT BEACH PU13LIC WORKS DEPARTMENT ANumber:3SM 774 254 00 02 -03 BALBOA ISLAND BAYFRONT REPAIRS CONTRACT NO. 3544" 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 he principal sum of 10% Not to exceed Forty Thousand No 100s Doliars (S 40,000.00 ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of 02 -03 BALBOA ISLAND BAYFRONT REPAIRS, Contract No, 3544 in the City of Newport Beach, is accepted by the City Council o� the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal `ails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award ", otherwise this ociication steal! become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individ::al, it is agreed that the death of any such Principal shall not exonerate the Surety from its obiications unde this Bond. Witness our hands th�s 7th day of Ranco Corporation _ Name of Contractor (Principal) American Motorists Insurance Company Name. of Surety 7470 North Figueroa Los Angeles, Ca Address of Surety 90041 323 - 257 -8291 _ Telephone Michael E. Cundif_f / Attornev in Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On MAR 0720 before me, Begin Bangel, Notary Public NA \IF, TITLE OF OFFICER personally appeared Micbael E. Cunaiff NAME OF SIGNER 0 Personally known to me - OR - ❑ qa"—%REGINA RANGEL rCOMM. 01366368 T Notary PublicCalitornla LOS ANGELES COUNTY My Comm. Exp. July 26, 2006 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ESS my hand and official seal. ry (SIGNATURE OF NOTARl) OPTIONAL Though 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. CAPACITY CLAIMED BY SURETY ❑ INDIVIDUAL ❑ CORPORATE OFFICER TTLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL .ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) imerican Motorists Insurance Company Lmnbermens \lumal Casualty Comp any American Manufacturers Alutual Insurance Compan„r Lou f ones & ,Associates DESCRIPTION OF ATTACHED DOCUMENT BOND(S) TITLE OR TYPE OF DOCUMENT NUMBER OR PAGES DATE OF DOCUMENT SIGNER OTHER THAN NA \fE ABOVE POWER OF ATTORNEY Know All Men By Those Presents: -hat the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the Amerlcac ii,lanufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Illinois, having their principal office in Long Grove, Illinois (hereinafter collectively referred to as the "Company ") do hereby appoint Jorge Correa , Leah S. Cripe , Michael E Cundiff , George Munana , Raymond E Gail , Susan E. Morales , Christina A. Clarkson , Lawrence W, Carlstrom and Angelica Bisordi of Los Angeles , CA (EACH) their true and lawful agent(s) and Attorney(s) -in -Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as their act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove, Illinois. This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Comoiny'rriag aoMt agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond of undertaking to which it is attached, shall continue to be valid and binding upon the Company," FK 09 75 (Ed. 09 01) Page 1 of 2 Printed In U.S.A. rr;f, - ofnpany i1oS c.Jusa,j ,hi; m,tiuntent 'o b e ign.ed and I eir :orpur.1I,3 Seals to be ':'/ : �.;1r r,t':.;nte,. _'`icers, this Or_tober 23, 2002. .l "_;1 -29 7r ter•::'. Lumbermen; Mutual Casualty Company American Motorists Insurance Company American ) Manufacturers Mut::al !n.surance Comcarny oh K. Conw ay. Corpor e Secretary Gary J. ly, 61nior Vice Pres' t STATE OF ILLINOIS SS COUNTY OF LAKE SS I, 1Nlaria I. Omori, a Notary Public, do hereby certify that Gary J. Tully and John K. Conway personally known to me to be the same persons whose names are respectively as Senior Vice President and Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, Corporations organized and existing under the laws of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seals and delivered the said instrument as the free and voluntary act of said corporations and as their own free and voluntary acts for the uses and purposes therein set forth. "OFFICIAL SEAL" MARIA I. OMORI NOTAAV h.8LX, 4Alr Of ILLINOIS hKC0W1S90NfxhFU.3j17 2003 CERTIFICATION �?IQiliac J. am 6,2, Maria 1. Omori, Notary Public My commission expires 9 -17 -03 I, J. K. Conway, Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, do hereby certify that the attached Power of Attorney dated October 23, 2002 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Gary J. Tully, who executed the Power of Attorney as Senior Vice President, was on the date of execution of the attached Power of Attorney the duty elected Senior Vice President of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company on this day of 20 _ ee °tea °'° Joh K)Conway, Corporate cretary This Power of At limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. Home Office: Long Grove, IL 60049 .. FK 09 75 (Ed. 09 01) Page 2 of 2 Printed in U.S.A. !n _ ;ir.1 „ ^y • ;jh. ;reof, ".a Company has Causad ::•y ;:n•:'ir i!i,horized „fficars, this October 23, E this instrument to be sigopd and Ui-2ir -,ocporat,� seals to be ''002. Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers :Mutual Insurance Company ii 1 In M � �`. ^4 acsl � [e eunoo . VI oh K. Conway, Corpor e Secretary Gary J. ly, &nior Vice Pre( t STATE OF ILLINOIS SS COUNTY OF LAKE SS I, Maria I. Omori, a Notary Public, do hereby certify that Gary J. Tully and John K. Conway personally known to me to be the same persons whose names are respectively as Senior Vice President and Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, Corporations organized and existing under the laws of the State of Illinois, subscribed to the foregoing instrument, appeared before me t his day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the cotporate seals and delivered the said instrument as the free and voluntary act of said corporations and as their own free and voluntary acts for the uses and purposes therein set forth. "OFFICIAL SEAL” MARIA I. OMORI NOTARY PUBVE. STATE OF ILLINOIS WCDMMISSR:NIXnRF59j17 2003 CERTIFICATION �%ilcc�t ..Q • G'Yi� � Maria I. OMDfl, Notary Public My commission expires 9 -17 -03 I, J. K. Conway, Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, do hereby certify that the attached Power of Attorney dated October 23, 2002 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Gary J. Tully, who executed the Power of Attorney as Senior Vice Resident, was on the date of execution of the attached Power of Attorney the duly elected Senior Vice President of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company on this day of 20 _ lug WT-MU3- etin • [o-r°4uroe F Joh K. onway, Corporate EWcretary This Power of At limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. Home Office: Long Grove, IL 60049 FK 09 75 (Ed. 09 01) Page 2 of 2 Printed in U.S.A. 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 02 -03 BALBOA ISLAND BAYFRONT REPAIRS CONTRACT NO. 3544'1!4 DESIGNATION OF SUBCONTRACTORS) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder. by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractors Name, Bid 1 Description of Work Percent of ! Address, Telephone # Item Total Bid Number e4770//A AW� �Y1 evG6 lA 7131- 991 4vr I j I I I i I i I I i J ` Ram,D Bidder Authorized ignature,7 e 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 02 -03 BALBOA ISLAND BAYFRONT REPAIRS CONTRACT NO. 3d( TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. a 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 `` FJ- �ZCJtO Project Name /Number ='__L ('IIV, F2 n M 5 A nNaA .Project Description buxh k2nm�� liGiP 7 �k Approximate Construction Dates: From o Z To: I p2 Agency Name Contact Person C2UC N ,JCkVC_7 Telephone Original Contract Amount Final Contract Amount 5 L 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 0 No. 2 Project Name /Number Co(1C 1fP_� t')r`2-0OZ Project Description III/ Approximate Construction Dates: From C) 2- To: S�DZ Agency Name Contact Person >zry.d� j t_% At-" P. Telephone %6k) CO2-7 -1 Originai Contract Amount $ CA?-Y- Final Contract Amount $ � Oq 1r� If final amount is different from original, please explain (change orders: extra work, etc.) C ncA_2 _chfuXS 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 P.onrf►' I�JGI . �, V,xX +OUS �Vs 2-61 Project Description t,I' _� Approximate Construction Dates: From OZ To: D 3 Agency Name Contact Person �31nUvV h SM I-li h1 Telephone (!�61 gb � -` ci -1-1 Original Contract Amount $_1jR kFinal Contract Amount $ I _1`) k 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 0 No. 4 Project Name /Number M<abP\ -hv2 S1�rze� \M�7dZyJYmfr1ES �%`J Project Description Skbzx-� \nawOyeMCMS Approximate Construction Dates: From t° I C�a To: I I 0 Z Agency Name Contact Person E 1 ��5 u `� Telephone (p0L) Original Contract Amount $IP)�__Final Contract Amount S 2,f)Ic If final amount is different from original, please explain (change orders, extra work, etc.) — Q00 QKI-e-Y Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name /Number(�p �may�JG,MrXt �5 IFS �b Z Project Description (IIC�eank u`� �YV1S?YrvefYtPXYiS T Approximate Construction Dates: From To: �IOZ Agency Name Contact Person �t>r� Telephone RO-0 Flo Original Contract Amount S 7-10 L_Final Contract Amount $ 300 k 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 0 No. 6 Project Name /Number Project Description b Approximate Construction Dates: From To: LO 7- Agency Name �4 2W2 -88 U L Contact Person ' Vt, EYNA -cy0 Telephone > (gip) lolR -X115 Oriainal Contract Amount $ 2AHtFinal Contract Amount $ '4Z f` 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 apprainf�" or' current financial conditions. I� �1 �a' 1�tzY? T��� bY1 cep 1 Bidder AuthorizER Signature Tit C ►IY iS Ibp�'IC,V �'�t'l�`j iS fir �L �rre �1C�'GYI� a Ja.Vt CO C arPCKCA, -, a,r, C�J� w DY1 cu- A vita s b-f c✓1 S u f -e-f i v1 --vi cArAt ov` Ck 1 'Cs�.d 0.1obv -e. . W -1 10 References: L.A.C.D.P.W. City of Torrance 900 S. Fremont St. 3031 Torrance Blvd. Alhmabra, CA 91802 Torrance, Ca. 90509 626 - 458 -3122 310- 618 -2820 Issa Adawiya $600,000 $300,000 Sandy Cohen L.A.C.D.P.W. City of Carson 900 S. Fremont St. 701 E. Carson Street Alhambra, CA. 92802 Carson, CA 90749 626 - 485 -3122 310 - 830 -7600 Ray Green Patricia Elkins $600,000 2000 $250,000 City of Montclair City of Torrance 5111 Benito Ave. 3031 Torrance Blvd. Montclair, CA 9176' ) Torrance, CA 90509 909 - 625 -9444 Steve Finton Brian Wren 310 -618 -2975 $150,000 $300,000 L.A.C.D.P.W City of Diamond Bar 900 S. Fremont St. 21825 E. Copley Dr. Alhambra, CA 91802 Diamond Bar, CA 91765 626 - 485 -3122 909 - 396 -5671 Ray Green John Ilasin $200,000 $300,000 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 02 -03 BALBOA ISLAND BAYFRONT REPAIRS CONTRACT NO. 3544'5 NON - COLLUSION AFFIDAVIT State of California ) ss. County of Dir being first duly sworn, deposes and says that he or she is Pry; C�r3 }4 of Vnylw QY tz vi , 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 deciare under penalty of perjury of the law!Auri alifo nia that the foregoing is true and correct. unto C'n�t� 4u1 Bidder Signature le Subscribed and sworn to before me this day of .2003. [SEAL] Notary Public My Commission Expires: 11 CALIFORNIA ALL - P&POSE ACKNOWLEDGMEI* State of California County of Los Angeles On 1 1 2003 before me, Susan E. Morales /Notary Public NAME. TITLE OF OFFICER personally appeared E. Dale Jones and/or Christopher D. Jones NAME OF SIGNER(S) ❑ Personally known to me - or - SUSAN E. MORALES F _ COMM. 01332201 m N ? Notary Public- California N w LOS ANGELES COUNTY — My Comm. Exp. Dec 25. 2005 Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (SIGNATURE OF NOTARY) OPTIONAL Though the data below is not required bylaw, it may prove valuable to persons relying on the docunn•m and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL/OWNER ® CORPORATE OFFICER President & /or Asst. Fice President TITLE(S) ❑ PARTNER(S) ❑ LIMITED - ❑ GENERAL ❑ ATTORNEY -IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Ranco Corporation DESCRIPTION OF ATTACHED DOCUMENT Non- collusion/Bonds TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT 0 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 02 -03 BALBOA ISLAND BAYFRONT REPAIRS CONTRACT NO 3544 -St DESIGNATION OF SURETIES Bidders name 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): 2 0 0 Sureties Bonding Lou Jones & Associates 7470 N. Figueroa P.O. Box 41375 Los Angeles, Ca 90041 Michael Cundiff (323) 257 -8291 Insurance Nugen Insurance Services 10722 Arrow Rte. #116 Rancho Cucumonga, Ca 91730 Bart Nugen (909) 941 -0167 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 02 -03 BALBOA ISLAND BAYFRONT REPAIRS CONTRACT NO. 354< r74' CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name �pY1(0 (C trQ ti t 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. '3 Current I, Record 1 Record Record ! Record Record Year of ! for for for j for for Record 2002 2001 2000 1999 1998 , Total 2003 No. of contracts 7 � 1 i t� �G 1I Total dollar j Amount of Contracts 'in (k(� � � 1� � � `. I��i I()( � 1 Thousands of S) f No. of fatalities No. of lost Workday Cases + (� y No. of lost workday cases in involving t transfer to another job or i termination of employment I I 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. '3 0 0 Legal Business Name of Bidder Qw'1(,O ('c- -- % 61 Business Address: y.c may- CICCO him C�,-cszz= Business Tel. No.: State Contractor's License No. and Classification: Title R(CS C1f Y1 The above information .was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the iimitationsaf thosa r_cords. Signat I 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 /)oint 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. 4 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 02 -03 BALBOA ISLAND BAYFRONT REPAIRS CONTRACT NO. 354'954 ACKNOWLEDGEMENT OF ADDENDA Bidders name The bidder shall signify receipt of all _Addenda here, if any: 5 9 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 02 -03 BALBOA ISLAND BAYFRONT REPAIRS CONTRACT NO. 3544 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the taws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: anc cw uab -url Business Address: � G. �_X_x CUtl Telephone and Fax Number: --7I4� Califomia State Contractors License No. and Class: IBC R (REQUIRED AT TIME OF AWARD) Original Date Issued: 1- I Expiration Date: v2-1 GPI 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: —L-6. I oc& EI� / CSk , wn �D r 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 ,Z!)�;o Corporation organized under the laws of the State 16 0 9 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate; or fictitious business names used by any principal having interest in this proposal are as follows: , llt� e • DC &C 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; Briefly summarize the parties' claims and defenses; —W Have you ever had a contract terminated by the owner /agency? If so, explain. IAQ 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 lab compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.) ?Yes No Are any claims or actions unresolved or outstanding? Yes /G 17 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 nor.- responsive. PaIa'u Yicider Title Date 31111 rr-:-� Subscribed and sworn to before me this 1 day of Oa- CV\ 2003. (SEAL) IM CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 02 -03 BALBOA ISLAND BAYFRONT REPAIRS CONTRACT NO. 3544 NOTICE TO SUCCESSFUL BIDDER r• 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 11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 02 -03 BALBOA ISLAND BAYFRONT REPAIRS CONTRACT NO. 35J CONTRACT THIS AGREEMENT, entered into this ,L-day & 2003, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Rancd Corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: 02 -03 BALBOA ISLAND BAYFRONT REPAIRS Project Description 3544 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. 3544, 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 0 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of one hundred sixty-five thousand, four hundred forty and 001100 Dollars ($165,440.00) 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: Fong Tse (949) 6443340 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: Ranco Corporation P.O. Box 9007 Brea, CA 92821 714- 992 -2500 714- 992 -2547 Fax Contractor, by executing this Contract, "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 E • insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 22 0 0 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 amount provided that the Work damaged is built in accordance with the plans and specifications. 23 0 0 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. 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. 24 K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. CITY OF NEWPORT A Municipal torpood M AP ORM• RA NCO CORPORATION CR Aozrd � Signature and Title 25 Company Profile . 0 Page 1 of 2 C�antl Company Profile 1ns�e AMERICAN MOTORISTS INSURANCE COMPANY 1 KEMPER DRIVE LONG GROVE, IL 60049 -0001 800- 833 -0355 Agent for Service of Process LORI CASTANEDA, 2730 GATEWAY OAKS DR SUITE 100 SACRAMENTO, CA 95833 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 22918 NAIC Group #: 0108 California Company ID #: 0860 -7 Date authorized in California: July 08, 1926 License Status: UNLIMITED- NORMAL Company Type: Property & Casualty State of Domicile: ILLINOIS Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the log_ssary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS http: / /cdinswww. insurance .ca.gov /pls /wu co _prof/idb_co _prof utl.get_co _prof?p_EID =... 05/12/2003 Company Profile • . Page 2 of 2 PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information i Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - May 07, 2003 03:58 PM Copyright © California Department of Insurance Disclaimer http: / /cdinswww. insurance. ca.gov /plsiwu_co _prof/idb_co _prof utl.get_co _prorp_ 1D =... 05/12/2003 � CERTIFICATE LIABILITY INSURANCE 04 ( 230 03 ) PRODUCER NUGEN & ASSOC INS SER, INC 10722 ARROW RTE, #116 RANCHO CUCAMONGA, CA. 91730 909 941 -0167 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 NAIC# INSURED RANCO CORPORATION P.O. BOX 9007 BREA, CA 92822 714 992 -2500 INSURERA: MT HAWLEY INS COMP /CHAIX POLICY EFFEGTIVF. DATE MM DY1' INSURER B: CENTURY NATIONAL INS COM LIMITS INSURERC: CENTURY SURETY INS COMP wsURERD:STATE FUND COMPENSAT INS 1 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 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 LIMITSSHOWN MAYHAVESEEN REDUCEDBYPAID CLAIMS. INSR LTR DL NsRD TV F 1 RA POLICY NUMBER POLICY EFFEGTIVF. DATE MM DY1' PCLIOV EXPIRAYION DATE MWDD/Y1' LIMITS GENERAL LIABILITY EACH OCCURRENCE §110001000.00 PREMISES Eaoccurence E 50,000.00 X COMMERCIAL GENERAL LIABILITY CLAIMSMADE AII OCCUR MEDEXP(Anyonemmon) $ 5,000.00 A X NGLO135686 04/21/03 04/21/04 PERSONAL RADV INJURY $1,000,000.00 GENERAL AGGREGATE $2.000,000.00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOPAGG $1,000,000.00 X POLICY 7 PRO- JECT LOC AUTOMOBILE LIABILITY ANYAUTO COMBINED SINGLE LIMIT (Ea accident) $1,000,000.00 BODILYINJURV (Per Person) $ X ALLOWNEDAUTOS SCHEDULED AUTOS B X X X HIRED AUTOS NON -OWNEDAUTOS BAP126184 04/21/03 04/21/04 BODILYINJURY (Peraccident) $ PROPERTY DAMAGE (Peraccidenl) $ GARAGE LIABILITY AUTO ONLY -EA ACCIDENT E OTHERTHAN EAACC $ ANYAUTO $ AUTOONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CI CLAIMSMADE AGGREGATE $ E $ DEDUCTIBLE Is RETENTION E D WORKERSCOMPENSATIONAND EMPLOYERS'LIABILITY ANY PROPRIETORPARTNER/EXECUTNE OFMCERIMEMBER EXCLUDED? 6653038 02 10/01/02 10/01/03 X I TORYLIMITS ER E.L. EACH ACCIDENT $1,000,000.00 E.L. DISEASE - EA EMKOYEI $1,000,000-00 It es,descrieeunder SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $1,000,000.00 OTHER INLAND CCP 267031 04/21/03 04/21/04 VALUE$7,000.SCHEDULE C MARINE EQUIPMENT DED$1000. ALL RISK DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES / EXCLUSIONSADDED BYENDORSEMENT /SPECIAL PROVISIONS CITY OF NEWPORT BEACH 2002 -2003 BALBOA ISLAND BAYFRONT REPAIRS #3544 CITY OF NEWPORT BEACH - PUBLIC WORKS DEPARTMENT - ITS OFFICERS, OFFICALS, EMPLOYEES AND VOLUNTEERS ARE NAMED ADDITIONAL INSURED & PRIMARY AND WAIVER OF SUB ON GL & WC CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO CITY OF NEWPORT BEACH DATE THEREOF, THE ISSUING INSURER WILL EKMNKIX MAIL30 DAYS WRITTEN 3300 NEWPORT BLVD NOTICE TO THE CERTIFICATE HOLD NAMED T HE LEFT, B&`kxmtx d {g l NEWPORT BEACH CA 92658 INrH.m3IiXb;BHbb3IbLkx X X 3IP0N461C44S411iX7tX € AUTHORIZED REPRESENTATIV PUBLIC WORKS DEPARTMENT SHARI ROOKS ACORD25(200E108) I — ©ACORD CORPORATION 1988 • 0 MT. HAWLEY INSURANCE COMPANY - At Name of Insured: RANCO CORPORATION Policy Number: MGL 0135686 Name of Person or Organization: CITY OF NEWPORT BEACH ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU. This endorsement modifies insurance provided under the following: COMMERICAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability arising out of your ongoing operations performed for that insured. A person's or organization's status as an insured under this endorsement ends when your operations for that insured are completed. B. With respect to the insurance afforded to these additional insured(s), the following additional exclusions apply: This insurance does not apply to: "Bodily Injury ", "property damage" or personal and advertising injury' arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services including: (1) The preparing, approving, or falling to preparing or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. CG 2033 07198 Copyright ISO Properties Inc 2000 E ENDORSEMENT INSURED: RANCO CORPORATION ISSUE DATE: 04/23/03 POLICY NUMBER: MGL 0135686 PRIMARY ENDORSEMENT: 0 IT IS HEREBY AGREED THAT SUCH INSURANCE AS IS AFFORDED BY THIS POLICY FOR THE BENEFIT OF THE ADDITIONAL INSURED(S) SHOWN BELOW SHALL BE PRIMARY INSURANCE, BUT ONLY AS RESPECTS TO CLAIMS, LOSS OR LIABILITY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED(S) HIS SUBCONTRACTORS OR HIS SUBCONTRACTORS OR MATERIALMEN OR SUPPLIERS AND ANY INSURANCE MAINTAINED BY THE ADDITIONAL INSURED(S) SHALL BE NON - CONTRIBUTING. ADDITIONAL INSURED AND CERTIFICATE HOLDER DATE 04/23/03 .. C AUTHORIZED REPRESENTATIVE: i INSURED: RANCO CORPORATION POLICY NO: BAP 126184 ADDITIONAL INSURED (Person or Organization) This endorsement applies to: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM The person or organization shown in the Schedule is an insured to the extent of their liability for the conduct of an insured under Section II Liability coverage of this policy. Name of Person or Organization: CITY OF NEWPORT BEACH — PUBLIC WORKS DEPARTMENT ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS GECA 812 (10/96) 0 0 Commercial GENERAL Liability Policy Number: MGL 0135686 Insured: RANCO CORPORATION WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US COVERAGES AB, AND C THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY Name of Person or Organization: CITY OF NEWPORT BEACH ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS (If no entry appears above, information required to complete this endorsement will show in the Declaration as Applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO USE Condition (Section IV — Conditions is amended by the addition of the following: With respect Coverages A, B and C only, we waiver any right of recovery we may have against the person of organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations "your work" done under contract with that person or organization and included in the "products- completed operations hazard." This waiver applies only to the person or organization shown in the Schedule above. All other terms and conditions of the policy shall remain unchanged. 65387(596) Includes copyright material of Insurance Services Offices Inc, with its permission. Insurance Services Office Inc 1982. 0 • NO. 724 CERTIFICATE HOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 84142 -0807 COMPUNSAYI ON INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE MAY 5, 2003 GROUP: POLICY NUMBER 6653038 -2002 CERTIFICATE IDi 9 CERTIFICATE EXPIRES: 10 -01 -2003 10- 01.2002/10 -01 -2003 CITY OF NEWPORT BEACH. 3300 NEWPORT BLVD NEWPORT BEACH CA 92658 ATTN : PUBLIC WORKS DEPT ATTN: SHERRY ROOKS This is to certify that we have issued a valid Workees Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancetlaWn by the Fund except upon 30 days advance wn ten notice to the employer. We will also give you $0 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend Or after the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of airy contract or other document with respect to which this certificate of insurance may be issued or may pertain, the Insurance afforded by the policies described herein is subject to all the terns. exclusions, and conditions, of such policies. AUYHORRiO AEPRESENrA'rNE Ate_ e. &&' PP651DEM EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE ENDORSEMENT 02570 ENTITLED WAIVER OF SDBROGATION EFFECTIVE 05 -05 -2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY IWIE: CITY OF NEWPORT BEACH ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10 -01 -2002 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER RANCO CORPORATION PO BOX 9007 BREA CA 92823 W-10 4m47c rEFF-01 . 7S I STATE COMPENSATION INSURANCE FUND MAY 5, 2003 Pi OHOLDER COPY P.O. BOX 420807, SAN FRANCISCO, CA 94142 -0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE CITY OF NEWPORT BEACH 3300 NEWPORT BLVD NEWPORT BEACH CA 92658 GROUP: POLICY NUMBER: 6653038 -2002 CERTIFICATE ID: 9 CERTIFICATE EXPIRES: 10 -01 -2003 10- 01- 2002/10 -01 -2003 ATTN ; PUBLIC WORKS DEPT ATTN: SHERRY ROOKS This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance 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. AUTHORIZED REPRESENTATIVE Al��,c.oi�- PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 05 -05 -2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10 -01 -2002 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER RANCO CORPORATION PO BOX 9007 BREA CA 92822 SCIF 10262E FEPF -UI: TS 1 APR -04 -2003 FRI 02;05 PM CAL #ANCE it+ `2'z_4AA) N0. 71 91654 Fax 1 �I g r 1 k Ll — 3 318 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: t-% /-O 314- 9-03 Dept. /Contact Received From: IZ ; S P. 01 1 Ujil ! Company /Person required to have certificate: AA4t ,� ccy-12uy -g ''hM 4{4 trim, iYr.ca )rh` A. INSURANCE COMPANY: pie B. AM BEST RATING (A: VII or greater): oc C. ADMITTED Company (Must be California Admitted): Date Received: t-% /-O 314- 9-03 Dept. /Contact Received From: IZ ; S Date Completed: )-(- Ll -p 3 Sent to: r l Gokr-S BY: 1 Ujil ! Company /Person required to have certificate: AA4t ,� ccy-12uy -g ''hM I. GENERAL LIABILITY r' _ (y)+. A. INSURANCE COMPANY: pie B. AM BEST RATING (A: VII or greater): oc C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes ONO D. LIMITS (Must be $1M or greater): What is limit provided? ,� m i E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? �Kfes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? rYes 0 No G. PRIMARY & NON- CONTRIBUTORY WORDING (Must be included): Is it included? )Yes ❑ 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 KNo I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. Il. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: L C� n Ah rM,_Q B. AM BEST RATING (A: VII or greater): I A- � \1 1 t C. ADMITTED COMPANY (Must be California Admitted):^ Is Company admitted in California*? Yes 0 No D. LIMITS (Must be $IM min. BI & PD and $500,000 UM): What is limits provided? t �' nn 't E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ❑ YestS�No F_ PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? n a- ❑ Yes 0 No 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. M. WORKERS' COMPENSATION �+ A. INSURANCE COMPANY: S�4_C_ cilti B. AM BEST RATING (A: VII or greater): np1' i C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? KYes ❑ No ❑ Yes ONO Rooks, Shari To: Farley, Lauren Subject: RE: Insurance Carts for RANCO Construction Merci Beaucoup! - - -- -Original Message--- - From: Farley, Lauren Sent: Tuesday, April 15, 2003 10:59 AM To: Rooks, Shari Subject: RE: Insurance Certs for RANCO Construction approved on both. - -- -- Original Message---- - From: Rooks, Shari Sent: Tuesday, April 15, 2003 10:37 AM To: Farley, Lauren Subject: Insurance Cents for RANCO Construction Lauren, Calsurance reviewed the certs submitted by RANCO Construction for our 2002 -2003 Balboa Island Bayfront Repair project. Their comments were: 1. GL is not admitted - however their carrier is Mt. Hawley and they have an A IX rating - will you approve Mt. Hawley? 2. Their auto carrier was Century National with an A VII rating and they were missing the additional insured wording. I was able to get the endorsement for the additional insured wording, so will you approve Century National? bid, (t M - - p Grp >, coyr 0 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL 2002 -2003 BALBOA ISLAND BAYFRONT REPAIRS CONTRACT NO. 3544 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3544 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 @ 1 leMrpS i�aa5p%ZDollars and o0 Cents $ Per Lump Sum 2. Lump Sum Construction Zone and Traffic Control - 4 ollars and tJ� Cents $� Per Lump Sum 3. 180 C.Y. Miscellaneous Below -Grade Removal, Disposal, and Back-fill @ Dollars and oo tJD Cents $ Per Cubic Yard • 0 PR2of2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 3 N 0 7 X E K250 S.F. Reconstruct Minimum 4 -inch Thick PCC Bayfront Sidewalk @ Sky Dollars and FJO Cents $ (p, 00 $ '85 °O Per Square Foot 2.500 S.F. Reconstruct Minimum 4 -inch Thick PCC Sidewalk @ Dollars and o0 t-�O Cents $ 500 $ Per Square Foot 270 L.F. Reconstruct PCC Curb @ Dollars and o=� Cents $ -kq,, 00 $ Per Linear Foot 1;500 L.F. Furnish and install 6 -inch PVC Pipe @ Dollars and NO Cents Per Linear Foot 17 EA Furnish and Install Area Drain ��o��spPDr+Ft Dollars and c^ Cents $ Z 000 $ ZSa°o Per Each 2 EA Adjust/Reconstruct Existing Manhole Frame and Cover to Grade @ Dollars and �O> Cents Per Each $ Zoo, °' $ q OO- • PR3of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10 11 12. is] ti 21 EA 1,825 L. F Lump Sum Replace Existing Electrical Pull Box and Cover to Grade @ Dollars and I� C) Cents $ $ Per Each Root Prune Existing Tree @QPC,- ( Dollars and f,0 Cents $ Im °O $ Z``06 Per Each Install Seawall Waterstop @ sk K Dollars and INO Cents Per Linear Foot As -Built Drawings Dollars and IJO Cents Per Lump Sum TOTAL PRICE IN WRITTEN WORDS and Cents I IIV) Date - ]I`ai`i1Z-2�jCC 71 f �iZ2��47 Bidder's Telephone and Fax Numbers Bidder's License No(s). and Classification(s) $ b, 00 $ 10.9s , $ $ l ((/5, / �O, 00 Total Price (Figures) Bidder's Authorized 8i4nature and Title V r). it I l �i i� tCa �LL1 Bidder's Address i�1,SZl 1 1 1 1 2 `; 2 2 2 3 3 3 3 3 4 4 4 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS CONTRACT NAME CONTRACT NO. 3544 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 6 -7.4 Working Hours 6 -9 LIQUIDATED DAMAGES 1 1 1 1 2 `; 2 2 2 3 3 3 3 3 4 4 4 4 4 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -7 COOPERATION AND COLLATERAL WORK 5 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 5 7 -8.8 Steel Plates 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 5 7 -10.1 Traffic and Access 5 7 -10.2 Storage of Equipment and Materials in Public Streets 5 7 -10.3 Street Closures, Detours, Barricades 6 7 -10.4 Public Safety 6 7- 10.4.1 Safety Orders 6 7 -10.5 "No Parking" Signs 7 7 -10.7 Notice to Residents and Temp Parking Permits 7 7 -15 CONTRACTOR LICENSES 7 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 7 SECTION 9 MEASUREMENT AND PAYMENT 8 9 -3 PAYMENT 8 9 -3.1 General 8 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 10 201 -1 PORTLAND CEMENT CONCRETE 10 201 -1.1 Requirements 10 201 -1.1.1 General 10 201 -5 CEMENT MORTAR 10 201 -5.6 Quick Setting Grout 10 SECTION 209 ELECTRICAL COMPONENTS 11 209 -2 MATERIALS 11 209 -2.5 Pull Box 11 SECTION 215 AREA DRAINS 11 215 -1 General 11 SECTION 216 SPECIALTY REPAIR MATERIALS 11 216 -1 General 11 • E PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 11 300 -1 CLEARING AND GRUBBING 11 300 -1.3 Removal and Disposal of Materials 11 300 -1.3.1 General 11 300 -1.3.2 Requirements 12 300 -1.5 Solid Waste Diversion 12 SECTION 306 UNDERGROUND CONDUIT CONSTRUCTION 12 306 -9 UNDERGROUND UTILITIES 12 306 -9.1 General 12 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATION 12 308 -1 General 12 SECTION 313 SPECIALITY WORK 13 313 -1 General 13 • SP 1 OF 13 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS 2002 -2003 BALBOA ISLAND BAYFRONT REPAIRS CONTRACT NO. 3544 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) Plan No. R- 5815 -S; (2) these Special Provisions; (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction (1994 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (1997 Edition), including Supplements; and (5) the Work Area Traffic Control Handbook, (2001 Edition). Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE. Add to this section: "The work necessary for the completion of this contract consists of: distribute construction notices to nearby residents; construction zone detours and traffic control; over - excavation and disposal; root prune existing trees; install walkway drains; backfill and compact native sand bedding; install seawall waterstop; reconstruct P.C.C. sidewalk and curb; adjust/reconstruct existing storm drain manhole frame and cover to finished grade; replace street light pull boxes; restore existing improvements damaged by the work; and complete other incidental items of work." 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The City will provide construction staking as required to construct the improvements. Any additional stakes or any • • SP2OF13 restaking, or costs thereof, shall be the responsibility of the Contractor. The Contractor shall notify the City in writing at least three (3) 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 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 then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall, to the extent possible, protect all survey monuments 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 Surveyor shall file the required Record of Survey or 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." • SP 3 OF 13 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 inspections, and no material or article shall be used in the work until it has been accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. SECTION 6--- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "No work shall begin until a "Notice to Proceed" has been issued, a pre -job 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 no later than five (5) working days prior to the pre- construction meeting. The Schedule may be bar chart or CPM style and shall have included that no more than two (2) consecutive blocks of Bay Front walkways may be closed for construction at one time. In addition, once work has started within the two blocks, the Contractor shall remain at the mob site and complete all of the required work within the two blocks before starting work at another location. The Engineer will review the Schedule and may require the Contractor to modify the Schedule to comply with the Contract requirements. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until it has exerted extra efforts to meet its original schedule and has demonstrated that it will be able to maintain its 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." 0 6 -7 TIME OF COMPLETION • SP 4 OF 13 6.7.1 General. Add to this section: "The Contractor shall begin work on September 2, 2003 and shall complete all work within fifty -five (55) consecutive working days or November 21, 2003, whichever occurs first" The Contractor is hereby made aware that the area drains to be installed for this project may require a long lead time for fabrication and delivery. The Contractor shall order said drains upon City notification of Council Award. The lack of documentation verifying the timely procurement of said drains by the Contractor upon Award shall be deemed as sufficient cause for not granting extra work days toward work completion." 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), the fourth Friday in November (Day after Thanksgiving), and December 25th (Christmas). If January 1 st, July 4th, November 11 th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours for construction projects are from 8:00 AM to 4:30 PM Monday through Friday. In the event that the Contractor desires to work from 4:30 PM to 6:30 PM on weekdays or from 8:00 AM to 6:00 PM on Saturday, the Contractor must first obtain special permission from the Engineer for such work 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 $60.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read, "For each consecutive calendar day beyond the time specified for Work completion, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,000. Revise paragraph two, sentence one, to read, "Execution of the Contract shall constitute agreement by the City and the Contractor that $1,000 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time." The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize the disruption to the public. 0 • SP5OF13 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 City water for the work, he shall arrange for a construction meter and tender a $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. The City does not have any electrical power hook -up points in close proximity to the Work. The Contractor shall make arrangements for the utilities that he will need for completing the work." 7 -8.6 Water Pollution Control. Add to this section: "Surface runoff water containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficiently to prevent such material from entering into any catch basin or the Newport Bay." 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. Replace the first sentence of the second paragraph with: "The Contractor shall repair, restore, or reconstruct all existing public and private improvements disturbed or damaged by the Work which are not designated for removal. Such restoration work may include, but not limited to, private utility lines under the existing sidewalk between the property line and the bulkhead, mail boxes, turf, plants and planters, shrubs, electrical components, fences, brick and brick pavers, concrete, painting of various surfaces, property corners, ornaments and other decorative items, etc. Extra caution shall be exercised to relocate and protect the existing street -end potted plants and while working near the existing private water service lateral at 121 North Bay Front." Add to this Section: `The Contractor is advised to keep photographic records for future references of the existing work site condition prior to the start of any construction work." 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, the Work Area Traffic Control Handbook (WATCH) and the City of Newport Beach requirements." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials shall not be stored on streets or sidewalk areas. However, construction materials and equipment may be staged at the street ends adjacent to the work site during work hours only." • ! SP6OF13 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall prepare a traffic control/pedestrian detour plan (Plan) in accordance with the Standard Specifications and WATCH. The Contractor will be responsible for processing and obtaining approval of the Plan from the Engineer by August 1, 2003. Such Plan shall have included the following provisions: The sidewalk may be closed continuously during non -work hours only during concrete curing operations on weekdays. The sidewalk shall be open for public use from 5:00 PM on Friday to 8:00 AM the following Monday. 2. The Contractor shall ramp each end of the work site whenever the sidewalk is open and a "step- down" condition exists between the removed sidewalk and the existing improvements. 3. The existing sidewalk to be reconstructed under this Contract is on a scenic route used by a significant number of residents and visitors during daylight and early evening hours. No sidewalk shall be closed from 5:00 PM on Friday to 8:00 AM the following Monday. 4. The Contractor shall detour all pedestrians to use the alleys and street ends adjacent to the work while the sidewalk is closed. 5. The Contractor shall barricade /delineate the existing bulkhead coping adjacent to the work to the extent as to discourage the public from walking on top of the bulkhead coping to bypass the sidewalk closure. 6. The Contractor shall provide continuous access for the adjacent residents to reach their private docks. 7. Where possible, the Contractor shall make provisions for the United States Postal Service to deliver mail to the residents. 8. All pedestrian detour barricades used during the hours of darkness shall be either lighted or be equipped with battery powered operational flashing beacons." 7 -10.4 Public Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for the job -site condition, including the safety of all persons and properties during the performance of the work. The Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include the review or observation • SP7OF13 of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall furnish, install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Parking Control Division at (949) 644 -3717, for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be similar in design and color to sign R -38 of the CalTrans Uniform Sign Chart. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a city - provided door - hanger construction notice to the adjacent residents within two blocks project, describing the project and indicating the limits of construction. Forty -eight hours before the start of any construction, the Contractor shall distribute to the adjacent residents a second city - provided written 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 five workdays 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 Award and until the completion of work, the Contractor shall possess a valid General Engineering Contractor "A" License. The contractor that installs the seawall waterstop material as shown on the Plans and these Specifications shall either possess a valid Concrete Related Services - "D06" Contractor License or a Waterproofing & Weatherproofing - "D -51" Contractor License or shall have satisfactorily completed at least three (3) years of similar waterproofing work. The work history and references of such work experience shall be submitted to the Engineer at the pre- construction meeting. From the start and until the completion of work, the Contractor shall possess a valid Business License issued by the City of Newport Beach. LJ • SP 8 OF 13 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and submitted to the Engineer at the time each progress bill is submitted. Within fifteen (15) calendar days of the project completion, 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 the City acceptance of the work. The Contractor shall maintain books, records, and documents in accordance with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of project completion. 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, equipment, and doing all the work required to complete the work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this Item shall include all preparation and scheduling of materials and equipment necessary to complete the Work. Item No. 2 Construction Zone and Traffic Control: Work under this Item shall include providing the required traffic control including, but not limited to, preparation of traffic control and pedestrian detour plans, temporary installation of construction zone and traffic control devices, distribution of notices to residents, and all other work necessary to comply with the WATCH and the City of Newport Beach requirements. Item No. 3 Miscellaneous Below -Grade Removal, Disposal and Backfill: Work under this Item shall include, but not limited to, the removal and disposal of existing unsuitable materials below the existing sidewalk panels such as slurry, stones, debris, and other materials as directed by the Engineer. The costs to import, place, and compact the clean backfill materials to the bottom of the proposed sidewalk shall have been included as a part of the unit bid price. • • SP 9 OF 13 Item No. 4 Reconstruct Minimum 4 -inch Thick P.C.C. Bayfront Sidewalk: Work under this Item shall include the costs of all labor, materials, and equipment for sawcuts, removals, disposal, import native sand bedding and backfill (or extra thick concrete section) at locations that do not require Miscellaneous Below -Grade Removal /Disposal / Backfill, compaction, new sidewalk, expansion joints at 12' intervals, replacement of newly placed concrete sidewalk that has been damaged by vandalism, and to complete all other work items as required to complete the Work in place. Payment for work completed under this Item excludes the work completed on Garnet Avenue or Emerald Avenue. Item No. 5 Reconstruct Minimum 4 -inch Thick P.C.C. Sidewalk: Work under this Item shall include the costs of all labor, materials, and equipment for sawcuts, removals, disposal, compaction, new sidewalk, replacement of newly placed concrete sidewalk that has been damaged by vandalism, and to complete all other work items as required to complete the Work in place. Payment for work completed under this Item shall be made for the Garnet Avenue and Emerald Avenue work locations only. Item No. 6 Reconstruct PCC Curb: Work under this Item shall include the cost of removal and disposal, subgrade compaction, reconstruct curb openings for existing curb drains, construct variable height PCC curb, curb painting, re- chisel curb face for existing underground utilities, and all other items as required to complete the Work in place. Item No. 7 Furnish and Install 6 -inch PVC Pipe: Work under this Item shall include the costs of all labor, materials, and equipment for trench excavations, core drill existing manhole /catch basin, removals, disposal, shoring, dewatering during high tides — if needed, storm drain pipe, pipe elbows /wyes, backfill, backfill compaction, connections to tie into the existing drainage systems, and to complete all other work items as required to complete the Work in place. Item No. 8 Furnish and Install Area Drain: Work under this Item shall include the costs of all labor, materials, and equipment to install the area drains, including all fittings, sleeves, 4" X 6" PVC wyes, and all other work items as required to complete the Work in place. Item No. 9 Adjust/Reconstruct Existing Manhole Frame and Cover to Grade: Work under this Item shall include the costs of all labor, materials, and equipment to adjust, or reconstruct as necessary, the existing manhole frame and cover to grade. Item No. 10 Replace Existing Electrical Pull Box and Cover to Grade : Work under this item shall include the cost to remove and dispose of the existing and install new traffic grade pull box and cover; reconnect existing street light wirings within the pull box, and complete all other items as required per the applicable City of Newport Beach Standard Plans. • SP 10 OF 13 Item No. 11 Root Prune Existing Tree: Work under this Item shall include the cost of grinding, removal, disposal, the repair of existing below -grade utilities damaged by the work, and all other work necessary to complete the work in place. Item No. 12 Install Seawall Waterstop: Work under this Item shall include the costs of all work required to prepare the surfaces where the waterproofing material will be placed and all other items of work as required by the manufacturer's installation instructions and these Specifications. Item No. 13 As -Built Drawings: Work under this Item shall include the costs of all work required to prepare the as -built drawings to the satisfaction of the Engineer. PART 2 CONSTRUCTION MATERIALS 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 may use a quick -cure type of concrete with a mix design as follows: Slump: 3 -inch to 4 -inch 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" 201 -5 CEMENT MORTAR 201 -5.6 Quick Setting Grout. Add to this section: "The Contractor shall grout the joint area between an existing reinforced concrete structure and the new storm drain pipe with a quick setting grout." • SECTION 209 --- ELECTRICAL COMPONENTS 209 -2 MATERIALS SP 11 OF 13 209 -2.5 Pull Box. All replacement pull boxes used for this project shall be Eisel Enterprises #3 -1 /2F concrete pull box (E35FPB) complete with an Armorcast Products 20K traffic cover (A6001922SMT- Electric). SECTION 215 -- -AREA DRAINS 215 -1 General. All area drains installed for this Work shall be Alhambra Foundry part no. A- 338 -4, with anti - vandal galvanized body and brass top or equivalent that is similar in dimensions and functions as approved by the Engineer. SECTION 216 - -- SPECIALTY REPAIR MATERIALS 216 -1 GENERAL Add this Section, "All seawall waterstop material to be installed for this project shall be SwellStop as manufactured by Greenstreak." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General. Replace this Section with: "All unsalvageable removed material shall become the property of the Contractor and be disposed of at the Contractor's expense. All removal and disposal costs shall be included in the unit price bid for that item of work. Excess native sand not reused for backfill shall be disposed of off -site. No excess sand shall be deposited onto the beach adjacent to the Work. The Contractor shall not dispose of any interfering private improvements within and /or adjacent to the work limits. All existing private improvements removed or damaged by the Contractor to facilitate the work shall be rebuilt to their condition prior to the work. In case of errant disposal of existing private improvements, the Contractor shall furnish all replacement materials and labor at his own costs to restore the affected improvements to their condition prior to the damage." • SP 12 OF 13 300 -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 "11/2-inch" of the last sentence with the words "two (2) inches." 300 -1.5 Solid Waste Diversion. The Contractor shall either 1) apply for and obtain a no -fee solid waste self -haul permit from the City's Business License office, or 2) subcontract with a private solid waste hauler already permitted to operate within the City. 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 306 - -- UNDERGROUND CONDUIT CONSTRUCTION 306 -9 UNDERGROUND UTILITIES 306 -9.1 General. The Contractor shall uncover all existing underground seawall tie -backs and private utilities within the Work limits prior to storm drain installation. The Contractor is advised to keep photographic records of the existing underground seawall tie -backs and private utilities for future reference. SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. Add to this Section: "The Contractor shall coordinate the tree root pruning work with the City's Urban Forester, Mr. John Conway at (949) 644 -3083 a minimum of five (5) work days prior to beginning work. The method of pruning and removing tree roots shall be determined, approved, and inspected by the City's Urban Forester as follows: 1. Root Pruning a. The City Urban Forester shall review and approve all proposed pruning prior to the start of work. He may inspect any and all work sites as necessary. b. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City Urban Forester. • 0 SP 13 OF 13 c. Roots shall be cleanly severed using a root pruning machine, axe or a comparable approved 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" below grade for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Prunino a. This process involves selectively removing offending roots when 1) a tree trunk of root flare is less than 2 feet from the sidewalk or 2) the size, species or condition of the tree warrants a root cut to be hazardous to the tree or 3) when there is only one minor offending root to be removed or 4) the damage is minimal (i.e., only one sidewalk panel is uplifted, etc.). b. Selective root pruning shall be performed with an axe or stump grinding machine instead of a root - pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed. d. Roots greater than two inches in diameter that must be removed, must be pre- approved by the City 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. PART 3 CONSTRUCTION METHODS SECTION 313 - -- SPECIALTY WORK 313 -1 GENERAL Add this Section, "The seawall waterstop material shall be prepared and installed per the manufacturer's installations, including but not limited to the following requirements: 1. Inspect SwellStop for premature swelling, discontinuity, and debris contamination prior to concrete pour. Replace unacceptable materials. 2. Apply SwellStop primer adhesive to clean and dry seawall surfaces. 3. Primer adhesive shall be allowed to dry for two (2) hours prior to SwellStop installation. 4. Install SwellStop on the same day as primer adhesive. 5. Install concrete nails to secure SwellStop in position. 6. Protect SwellStop from moisture, dirt, oil, and sunlight during the work. 7. SwellStop shall be butt spliced and ends pressed together to avoid separation and /or air pockets. LIST OF PC C RECONSTRUCTION WORK LOCAT1NS NO I LOCATION ADDRESS SIDEWALK CURB SE lE ROOT PRUNE EACH GARNET AVENUE 1 124 Gomet Ave. 130 1 2 122 Gomet Ave. 175 1 3 116 Garnet Ave. 134 1 4 114 Garnet Ave. 110 1 5 108 Garnet Ave. 58 1 6 300 S. Bayfronf on Gomet Ave. 68 1 7 107 Garnet Ave. 260 1 8 1115 Garnet Ave. 81 1 9 1117 Gamet Ave. 130 1 10 121 Garnet Ave. 138 1 11 125 Garnet Ave. 74 1 12 208 Garnet Ave. 90 30 13 212 -216 Garnet Ave. 180 56 1 14 222 Garnet Ave. 40 13 15 213 Garnet Ave. ill 37 1 16 1201 Garnet Ave. 12 EMERALD AVENUE 17 200 -202 Emerald Ave. 275 50 18 1204 Emerald Ave. 80 14 19 1144 S. Boyfront Ave on Emerald Ave. 168 3 ABALONE AVENUE 20 lEastside North of South Bay Front 200 70 4 • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT (38) C _ 3551 Agenda Item No. 6 April 8, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COU FROM: Public Works Department Fong Tse, Associate Civil Engineer 949 -644 -3311 ftse@city.newport-beach.ca.us APR 2UU3 SUBJECT: BALBOA ISLAND BAYFRONT REPAIRS (2002 -2003) - AWARD OF CONTRACT NO. %44 5 S S 1 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Affirm the Categorical Exemption for the work. 3. Award Contract No. 3544 to Ranco Corporation for the Total Bid Price of $165,440.00, and authorize the Mayor and the City Clerk to execute the contract. 4. Establish an amount of $16,510.00 to cover the cost of unforeseen work and material testing. DISCUSSION: At 11:00 A.M on March 20, 2003, the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low Ranco Corporation of Brea $165,440.00 2 TK Engineering Company of Los Angeles $179,125.00 3 Damon Construction Company of Carson $196,350.00 4 Nobest, Incorporated of Westminster $199,000.00 5 GCI Construction, Inc. of Costa Mesa $216,032.50 6 Fleming Environmental, Inc. of Buena Park $217,360.00 7 Sully - Miller Contracting Company of Anaheim $246,421.25 Subject: Balboa Island Baot Repairs (2002- 2003) —Award of Contract NO544 April 8, 2003 Page: 2 The low total bid amount is approximately seventeen percent (17 %) below the Engineer's Estimate of $200,000. The low bidder, Ranco Corporation, possesses a General Engineering "A" contractor's license as required by the project specifications. Ranco has satisfactorily completed concrete repair projects for the City. The existing Bay Front concrete sidewalks that surround Balboa Island and Little Balboa Island were built approximately seventy -five years ago. Some of these concrete panels have displacements to the extent that they pond water after rains and 'Wash- downs" by the adjacent residents. This project provides for the construction of new concrete sidewalks along East Bay Front between Grand Canal and Balboa Avenue, along North Bay Front between Park Avenue and Emerald Avenue, and along West Grand Canal between the Grand Canal Bridge and the first alley north of South Bay Front. Surface drainage will be directed toward the public bulkhead and intercepted by new area drains at select locations for below grade discharge into the nearby street end catch basins via new 6 -inch diameter PVC underground drainpipes. In addition, the existing deteriorated concrete sidewalk panels and curbs at various locations on Garnet Avenue, Emerald Avenue, and Abalone Avenue will be reconstructed. The tree roots that caused the sidewalk or curb damage at these locations will be pruned. In order to provide the "fresh" concrete with adequate curing time to support pedestrian traffic, the new Bay Front sidewalks will be closed for a few hours until they are ready for public use. Pedestrians will be detoured to the nearby alleys and sidewalks during these closures. Ranco is required to construct the improvements within fifty -five (55) consecutive work days between Labor Day and Thanksgiving so as not to impact the public during the summer months or the holiday season. Environmental Review: The project was determined to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines for the maintenance of existing public facilities with negligible expansion of the facilities in areas that are. not environmentally sensitive. The work consists of the reconstruction of existing concrete walkway improvements and will not impact any environmental resources. Staff filed the Notice of Exemption for this project with the County Clerk on March 14, 2003. Funding Availability: There are sufficient funds available in the following account for the work: Subject: Balboa Island BaARepairs (2002 -2003) — Award of Contract NOW April 8, 2003 Page: 3 Account Description Account Number Balboa Island Bay Front Repairs 7231- C5100314 Prepared by: Fong T Associate Civil Engineer Attachments: Project Location Map Bid Summary Submitted by: Amount $181,950.00 Badum s Director IUF n a W m O CL W Z LL O H Z W a W Y O U J m CL �w H 0 O ui i F l0 x U m u m O 0 O W N Y m O W d N 2 U U `m U � O F m FpF U c O i m m di H H 0 o °o a c r W N O W LL W F- < Lu HO W Z LU L F W W _Z C7 O Z fr W 0 m a 00 O O O 000000000 0 0 0 0 0 0 0 0 0 az00000000000000 a Z o 1� O 0th^ N N N NQ6 r N N O N V N V Of O— O M UOm W O Q U S 0 0 0 0 0 0 0 0 0 0 0 O O O O r O o N N 0 0 0 0 0 0 U2no F- �n o�nN op a Z o o K E m p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 F00000in o�n000NO4 cZ 0 LO OOO N N l7 ON O 6C O t7 In M- V V r mf (O cd O) N 6 N EO' o U Q r c y 000 0 0 0 0 0 0 0 coo c O O O O O O O O g O O q O O O 0 0 0 fC tD In CD O O N R O W 0 0 N N O O Y Z O M N Z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 �0000000000000° cZ00000vo�n000�noo m lU Q In N f7 w N M mi ? 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