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C-3555 - Balboa Island Pavement Reconstruction, Phase II
0 June 24, 2004 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC Sully- Miller Contracting Co. 1100 E. Orangethorpe Avenue, Suite 200 Anaheim, CA 92801 Subject: Balboa Island Pavement Reconstruction Phase 2 (C-3555) To Whom It May Concern: On June 24, 2003, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on August 15, 2003. The Surety for the contract is Liberty Mutual Insurance Company, and the bond number is 014 -012- 201. Enclosed is the Faithful Performance Bond. Sincerely, d 67 d M.A� LaVonne M. Harkless, CMC City Clerk cc: Public Works Department Stephen Luy, Project Manager enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 . Fax: (949) 644 -3039 - www.city.newport- beach.ca.us 0 0 * *EXECUTED IN QUADRUPLICATE ** BOND NO. 014 - 012 -201 PREMIUM: $813.00 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND PAVEMENT RECONSTRUCTION PHASE 2 CONTRACT NO. 3555 BOND NO, 014 012 201 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 813.00 being at the rate of $ F, 00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to SULLY - MILLER CONTRACTING COMPANY, hereinafter designated as the "Principal ", a contract for construction of BALBOA ISLAND PAVEMENT RECONSTRUCTION PHASE 2, Contract No. 3555 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. 3555 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and T TR RTY MUTUAL INSURANCE COMPANY , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surat)r), are held and firmly bound unto the City of Newport Beach, in the sum of one hundred thirty -five thousand, five hundred sixty -five and 00(100 Dollars t$135,565.00) 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 shalt become null and void. 99 16 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 he 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 duty executed by the Principal and Surety above named, on the 19thdayof February '2001 SULLY- MILLER CONTRACTING CO (Principal) i,7RFRTY MUTIJ&L INSURANCE COMPANY Name of Surety 8044 Montgomery Road, #137 Cincinnati, OH 45236 Address of Surety (513) 984 -2222 Telephone 1 Authorized Signatures le G. ALDRICH, ASST. SECR RY , 4u ri ed Agent Sign t ire Teresa I. Jackson, Attorney `in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 State of California ) ss. County of Orange ) On 2/21/03 before me, DIANE INGRAM - NOTARY PUBLIC (Name and title "Notary Public "), personally appeared G. ALDRICH name of signer, (7) personally known to me(or proved to me on the basis of satisfactory evidence)to be the person whose name is subscribed to the within instrument and acknowledged to me that ►fie executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. DIANE INGAM 9 NOTARYPUBLIC (Signature of Notary) (Seal of Notary) Description of Attached Document Title of Type of Document CONTRACT AND BONDS CITY OF NEWPORT BEACH . Document Date: Number of Pages: Signer Other Than Named Above: None Capacity Claimed by Signer Signer's Name: G. ALDRICH Individual X Corporate Officer— Title: ASST. SECRETARY Partner - ❑ Limited ❑ General ❑ Attorney in Fact 0 Trustee ❑ Guardian or Conservator 0 Other: Signer is Representing: SULLY - MILLER CONTRACTING COMPANY STATE OF California CO UATY OF 0 0 I SS. On February 19, 2003 , before me, Nina Tapia, Notary Public PERSONALLYAPPEARED Teresa I. Jackson 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 hevshe/they executed the same in his/her /their authorized capacity(ies), and that by his/heiltheir 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 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 SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 0 ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTIN(IES) LIBERTY MUTUAL INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT FAITHFUL PERFORMANCE BOND TITLE OF TYPE OF DOCUMENT TWO NUMBER OF PAGES FEBRUARY 19, 2003 DATE OF DOCUMENT SULLY- MILLER CONTRACTING COMPANY ID -1232 (REV. 5/01) ALL - PURPOSE ACKNOWLEDGEMENT ro N1RIA TAPIR �••• - * a. °' CID +t NOTARY 335] F'liBiiC- { NV r CALiFUNf47" ORANGE COUNTY "O My Comm. Ep. Feb. S. 2005 This area for Official Notarial Seal 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 SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 0 ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTIN(IES) LIBERTY MUTUAL INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT FAITHFUL PERFORMANCE BOND TITLE OF TYPE OF DOCUMENT TWO NUMBER OF PAGES FEBRUARY 19, 2003 DATE OF DOCUMENT SULLY- MILLER CONTRACTING COMPANY ID -1232 (REV. 5/01) ALL - PURPOSE ACKNOWLEDGEMENT THIS POWER, OF ATTORNEY IS N0T VALI* S IT IS PRINTED ON RED BACKGROUND. � 1077822 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY i BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: - - - - - - - - - - That Liberty Mutual .Insurance Company (the Company "), a Massachuaetts mutual insurance company, _pursuant to and by authority of the -By -law and Authorization hereinafter set forth does hereby name,:constitute and'appomt TERESA I JACKSON, WCTORIA VQORHEES, JOHN D. MILLER; CHRISTINE MAESTAS, ALL OF THE CITY OF SANTA ANA, STATE OF CALIFORNIA each individually if there be more than one named, its true and lawful attorney-in -fact to make ".execute seal, acknowledge.and deliver, for and on its behalf as surety and as Its act and deed, any and altundertakings+ blonds Y sicognrzances and other surety'obhgahonsirt4he :penal sum"not exceeding - _ ONE:HWNDRED MILLION AND 00J1Q0' DOLLARS ($ 100;000 000 00•" *` - )each,-- andihe execution of such undertakings, bonds, recognrzances and, other surety,ohligalions in_ pursuance; of these presegts shalh be as binding upon the Company as it they had been - duly signed by the president and attested by the secretary of the Company In dbeir own pmper.persons. - - , That this power is made and executed pursuant to'and!by authority of the following By -law and Authorization:: O.. - ARTICLE XVI - Execution of Contracts Section 5. Surety Bonds and Undertakings. - - 'C . . Any officer or other official of the company authorized for that purpose: in writing by the chairman or{he president, and subject to such limitations as - c mU) the chairman of the president' may prescribe shall appoint such attorneys -in -tact, as may be necessary to act in behalf of the Company to make, - ".3 �`, . execute, seal,; acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such- attorneys -in- -�- c_ fact, subject to the limitations. set forth in their respective pourers of - attorney; shall have full power to bind dhe company by their signature and c execution of any such Instruments and to attach thereto the seal of the company- When so executed such-- :insVUmenis. shall be as binding as if W signed by the president and attested by the secretary, - _ -'_ M d . O OL y . By the following instrument the chairman or -the president has authorizedthe officer or other official named therein to appdin[ aftomeys -in -Fact' a -� _ Pursuant to Article XVI, Secion b of the By -laws, Timothy C. Mufloy, an official of Liberty Mutual Insurance Company, is hereby authorized. to appoint -.. E. such attorneys -in -tact as may be necessary to act in behalf of the Gompany t0 make, execute, seal, acknowledge and deliver as surely any and all 0- undertakings, bonds, recognizances and other surety.ob(igations. All Powers of Aflomey attested to or executed by Timothy C. Mulloy.in his capacity - -Q �- G'O( as an officer or official of Liberty Mutual Jdsuranca Company, whether before, on or after the :date- of this:Authorization; including without limitation _ .y Powers of Attorney attested to or executed as Assistant. Secretary of Liberty Mutual Insurance Company, -are hereby ratified- and.approeed.- L QJ lu O; That the By ?law and the Authorization set forth above are true copies thereof and are now in Lull farce and affect.- - -A: o a3 ao E, = m; IN. WITNESS iWHEREOF, this Power:of.Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty uLA c Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 94rri day Of _ July 2002 M o `LIBERTY MUTUAL INSURANCE COMPANY O ci V 3 - .Timo 'C Mulls ssisiantSecre Secretary - >n .O� COMMONWEALTH OF PENNSYLVANIA ss - - •— io: COUNTY OF MONTGOMERY - - - - - - - > to a co .� t". On this �d day of .kit ... O y pnn� ,_.before me,.a Notary - Pubic persomall+ came Sirmothv C Mullov, to me known, and V. Z .O acknowledged that he is amofficra! of Liberty Mutual Insurance Company chat he knows the seal: of said corporation and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Compaaylheretn with the authority arid at direction .oLsaideorporafion. V °- IN TESTIMONY WHE J -- - O above written: Ff* unto subscribed my name a, If rnynotarial seal_ at Plymouth Meeting Penpsyivama, on the day and year first ' OF rf nsst, -xcrrz 2e t CERTIFICATE i e,r;,e: Px Y t� asxi �i Notary Public '= I, the undersigned, Assists any Mutual Insurance Company, do hereby certify that the original powerof attorney of which -the foregoing is a full, true. and caned . copyJai, infuil.torce and effect on a of this certificate, and I do further certify-that the bffcer or official who ezecuted.the said power of attorney was one ol,the officers or officials .specially authorized by the chairman or the president to appoint attorneys Irpfact as provided in Article XVI, Section 5 df tfie Bylaws of Liberty Mutual insurance Company. - - This certificate and the above: power of attorney may be signed by facsimile or mechaniceltp mpm.duDad, signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the i21h -day otlttarch, tsar. - - - - - VOTED that tha.facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of anylpower of ' attorney issued by the company in connection with aurety.bonds shat' be-valid and boding uponthe company with, the same toroo and effect as though manually affixed. : IN TESTIMONY WHEREOF, I have hereunto subscribed m name and affixed the ccr - r said - ' 19th February, 2003 y porateseai of Ue sornpany,ihis - day of )' , F, X Hee, Assistant Secretaq _ 0 September 18, 2003 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC Ms. Diane Ingram Sully - Miller Contracting Co. 1100.E. Orangethorpe Avenue, Suite 200 Anaheim, CA 92801 Subject: Balboa Island Pavement Reconstruction Phase 2 (C -3555) Dear Ms. Ingram: On June 24, 2003, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion. The Notice of Completion was recorded by the Orange County Recorder on July 11, 2003, Reference No. 2003000815414. The Surety for the contract is Liberty Mutual Insurance Company, and the bond number is 014 012 201. Enclosed is a copy of the Labor & Materials Payment Bond. We apologize that the incorrect bond was sent to you on August 15, 2003, and appreciate you working with us on this matter. If you have any questions, please do not hesitate to contact my office. Sincerely, LaVonne M. Harkless, CMC City Clerk 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 BOND NO. 014 - 012 -201 * *EXECUTED IN QU_aDRJPLICA E ** FEMItJM: INCLIIDED IN PERFORMANCE BOND. CITY OF NEWPORT REACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND PAVEMENT RECONSTRUCTION PHASE 2 CONTRACT NO, 3555 BOND NO. 014 012 201 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to SULLY - MILLER CONTRACTING COMPANY, hereinafter designated as the: "Principal," a contract for construction of SALBOA ISLAND PAVEMENT RECONSTRUCTION PHASE 2, Contract No. 3555 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, 3555 and the terns 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, T 7BP.RTV MUTUAL INSURANCE COMMANTY duty authorized tD transact business under the laws of the State of California, as Surety, (referred to herein as "Surety ") are held firmly bound unto the Cty of Newport Beach, in the sum of one hundred thirty -five thousand, five hundred sixty -five and 001100 Dollars ($735,565.00) lawful money of the United States of America, said sum being equal to 1DD% 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 1S SUCH, that 6 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 ct 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 93020 of the Unemployment Insurance Cate 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 0 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to fife claims under Section 3161 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 CaiifonIia. And Surety, for value received, hereby stipulates and agrees that no change, extension of lime, 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 addiitions 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 19th day of February , 2003, SULLY - MILLER CONTRACTING CO (Principal) LIBERTY MUTUAL INSURANCE COMPANY Name of Surety 8044 Montgomery Road, /x'137 Cincinnati, OH 45236 Address of Surety (513) 984 -2222 Telephone Authorized SignaturefTrtle G. ALDRICH, ASST. SECRETARY - -�, . Au c}�ad Agent Si 77 ure Teresa I. Jackson, Attorney in Fact_ Print Name and Title NOTARY ACKNOWI- EDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 State of California ss. County of Orange ) On 2/21/03 before me, DIANE INGRAM - NOTARY PUBLIC (Name and title "Notary Public "), personally appeared G. ALDRICH name of signer, (X) personally known to me(or proved to me on the basis of satisfactory evidence)to be the person whose name is subscribed to the within instrument and acknowledged to me that be executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. k4j.d1l"W, — DL4NE1,NrGRJ4M NOTARYPUBLIC (Signature of Notary) (Seal of Notary) OPTIONAL Description of Attached Document Title of Type of Document CONTRACT AND BONDS CITY OF NEWPORT BEACH Document Date: Number of Pages: Signer Other Than Named Above: None Capacity Claimed by Signer Signer's Name: G. ALDRICH Individual X Corporate Officer— Title: ASST. SECRETARY ❑ Partner - ❑ Limited C General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: SULLY - MILLER CONTRACTING COMPANY E s CERTIFICATE OF INCUMBENCY AND RESOLUTION I, Ron Salcido, do hereby certify that I am a Vice President of Sully- Miller Contracting Company, a Delaware corporation, and that as such I have access to and custody of the corporate records and minute books of said corporation. And I do hereby further certify that the following persons are duly elected officers of said corporation. TITLE Chairman of the Board President & CEO Chief Financial Officer & Treasure Vice President Vice President Vice President Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary NAME Louis Gabanna R. Bruce Rieser Tim P. Orchard Ron Salcido Mitchell P. Vigna Peter Pouwels Stewart M. Fuhrmann George Aldrich Mary Lawson Mike Edwards James Wu I further certify that the following is a true and correct copy of a resolution duly adopted by the Board of Directors of said Company at a meeting held on December 22, 2000, and that this resolution has not been in any way rescinded, annulled or revoked but the same is still in full force and effect: "(AUTHORITY TO EXECUTIVE BIDS AND CONTRACTS) Resolved, that any officer of assistant officer of the Company be and each of them is hereby authorized to execute in the name and on the behalf of this Company under its corporate seal any and all proposals for the sale of products, merchandise and services of this Company and any bids and performance bonds required in the connection there- with, to the United- States and of the State, territories and dependencies of the United States, the District of Columbia, cities, towns, townships, counties, school districts, and to the department, political subdivisions, agencies or wholly -owned corporation thereof, or to any other person." IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this 28th day of March 2002. (SEAL) Ron Salcido, Vice President 1100 E. Orangethorpe Ave Ste 200 Anaheim, Ca. 92801 (714) 578 -9600 0 0 STATE OF California SS. COUATYOF Orange On February 19, 2003 , before me, Niria Tapia, Notary Public PERSOAALLYAPPEARED Teresa I. Jackson personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hill 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 OPTIONAL NIRIA't APIA ! �,. COMMA. #r :293351 ate• NOTARY Pt10L"'GAL4fURNfA ORANGE COUNTY my Camm.- _xp_Fa This area for Official Notarial Seal 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 SIGNER ❑ INDIVIDUAL . ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 0 ATTORNEY -IN -FACT - El TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER:_ SIGNER IS REPRESENTING: NAME OF PERSON(S) OR EhTm Y(IES) LIBERTY MUTUAL INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT LABOR AND MATERIALS PAYMENT BOND TITLE OF TYPE OF DOCUMENT TWO NUMBER OF FEBRUARY 19, 2003 DATE OF DOCUMENT SULLY- MILLER CONTRACTING COMPANY NAMED ABOVE I0-1232 (REV. 5/01) ALL - PURPOSE ACKNOWLEDGEMENT 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC August 15, 2003 Sully- Miller Contracting Co. 1100 E. Orangethorpe Avenue, Suite 200 Anaheim, CA 92801 Subject: Balboa Island Pavement Reconstruction Phase 2 (C -3555) To Whom It May Concern: On June 24, 2003, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on July 11, 2003, Reference No. 2003000815414. The Surety for the contract is Liberty Mutual Insurance Company, and the bond number is 014 012 201. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, CMC City Clerk cc: Public Works Department Stephen Luy, Project Manager encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us EXECUT TN QUADRUPLICATE BOND NW 34 41 73 PREMIUM INCLUDED IN PERFORMANCE BOND CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2002 - 2003 SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3534 BOND NO. 184 41 73 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of Califomia, by motion adopted, has awarded to E.A. Mendoza, Inc., hereinafter designated as the "Principal," a contract for construction of 2002 - 2003 SIDEWALK, CURB AND GUTTER REPLACEMENT, Contract No. 3534 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. 3534 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, INSURANCE COMPANY OF THE WEST duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of two hundred three thousand, fifty and 00/100 Dollars ($203.050.00) 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. N-1 0 0 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 23RD day of AUGUST, 2002. E.A. MENDOZA, INC. E.A. Mendoza, Inc. (Principal) INSURANCE COMPANY OF THE WEST Name of Surety State of CALIFORNIA County of SAN DIEGO BY: SECRETARY Authorized Signature/Title BY: " - �11 Authorized Ag4fit Signature On 8/23/2002 before me, JOHN G. MALONEY, NOTARY PUBLIC DATE NAME, TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC' personally appeared KAREN JEAN HALL NAMES) OF SIGNER(S) ® 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 ac- knowledged to me that he /she /they executed I'll 1104 11 • the same in n his /her /their authorized JOHN " 977 capacit Y( Ies ), and that by his /her /their N COMM. #1212 _ NOTARY PUBLIC-CALIFORNIA signatures) on the instrument the persorl SAN MY COMMIS& ON EXPIRES or the entity upon behalf of which the MARCH 13, 2DO3 person(s) acted, executed the instrument. WITNESS my hand and official seal. 9).- Ll t-::� If SIGNATURE OF NOTARY 'OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: Though the date requested here is not required by law, it could prevent fraudulent reattachment of this forth. No. 5183 OPTIONAL SECTION � CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to till in the data below, doing so may prove invaluable to persons relying on the document ❑ INDIVIDUAL ❑ CORPORATE OFFICER(S) nTLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED • s CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of L/L�G1+nA e. jLss. / ( ,1 (� L On lit. UA 1(5 7i /1 ZODZ before me, Y' l l'I • (& ' )Ay j Y0.0 � �a•e "' Mull ame ane Title of o"', (e.9. " ane Dce, Notary P lic -) personally appeared �Q uj 0t -�- FAIT G MG. MALEK Commission S 1332013 Notary public - California Orange County 14Y Comm. Expires Nov 27, 2005 f Name(s) of a,ar(s) ,personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(S4 whose name( is /are subscribed to the within instrument and acknowledged to me that he /sheA✓aey executed the same in hisftaerkhtEtr authorized capacity(ips), and that by his /hof,44or signature{&) on the instrument the person(s), or the entity upon behalf of which the personal acted, executed the instrument. WITNESS my hand and official seal. Slg aWre oI Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual 9. Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ Gen ❑ Attomey -in -Fact C Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Number of Pages: SC I ` l aq Top of thumb here eral 0 1999 Nallonal Notary A.aad tion • 9350 De Soto Ave., P.O. Box 2402 • CIIa6WO0. CA 913132402 • w.,w,netionalnoteryoig Rod No. 5907 Reor ar: Call TelbFme n800-eY6.68V W No. 0001405 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, The Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred in as the "Companies "), do hereby appoint JOHN G. MALONEY, HELEN MALONEY, MARK D. IATAROLA, KAREN JEAN HALL their true and lawful Attomey(s) -in -Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. IN WITNESS WHEREOF, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001. g�araa�iq. tN8Ug I� V �pylayr�,�Jt OO4Qaeop�'' n� cT 6 'iG gOC y EAL� n � •alMt 1 f• I John H. Craig, Assistant Secretary State of California County of San Diego } ss. INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY John L. Hannum, Executive Vice President On January 16, 2001, before me, Norms Porter, Notary Public, personally appeared John L. Humum and John H. Craig, personally known tome to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. NORMA PORTER COMM #1257540 H �e NOTARY pUBLJC-UALIFDRNIA m U SAN DIE6O.COUNTY 0 • ` - , '. MARCH 19, 2004 t Norma Porter, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: 'RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s) -in -Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying. CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. IN WITNESS WHEREOF, I have set my hand this 23RD day of AUGUST 2002 John H, Craig, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1- 800 - 877 -1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130 -2045 or call (858) 350 -2400. • • RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in Official Records, County of Orange Tom Daly, Clerk- Recorder 11111111111111111191i1III! 11111111111111111111lllllME11111NO FEE 2003000815414 09:50am 07111103 214 55 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording ees pursuant to Government Code -Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Sully Miller Contracting Company of Anaheim, California, as Contractor, entered into a Contract on February 25, 2003. Said Contract set forth certain improvements, as follows: Balboa Island Pavement Reconstruction Phase 21C -3555) Work on said Contract was completed on May 12 2003, and was found to be acceptable on June 24. 2003, by the City Council, Title to said property is vested in the Owner, and the Surety for said Contract is Liberty Mutual Insurance Company. BY ublic Works Director City of Newport Beach -'r VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on k , 0 at Newport Beach, California. BY rE*PoRr Cit01" G 1� J = °rc, coati I�I�� CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC June 25, 2003 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notices of Completion for the Balboa Island Pavement Reconstruction Phase 2 (C- 3555); the 2002 -2003 Sidewalk, Curb and Gutter Replacement (C- 3534); and the Newport Heights Pavement Overlay (C -3473) Please record the enclosed documents and return to the City Clerk's Office. Thank you. Sincerely,D J� LaVonne M. HarkI ss, CIVIC City Clerk Enclosures 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 - www.city.newport- beach.ca.us 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 'Exempt from recording fees pursuant to Government Code -Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Sully Miller Contracting Company of Anaheim, California, as Contractor, entered into a Contract on February 25 2003. Said Contract set forth certain improvements, as follows: Balboa Island Pavement Reconstruction Phase 2 (C -3555) Work on said Contract was completed on May 12 2003, and was found to be acceptable on June 24. 2003, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Liberty Mutual Insurance Company. i BY ublic Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. (� Executed on o 3 at Newport Beach, California. U BY Cite'v a C9LIFOP�`P • 1. � f> (3q CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 4 June 24, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen Luy, P.E. 949 - 644 -3311 sluy@city.newport-beach.ca.us SUBJECT: BALBOA ISLAND PAVEMENT RECONSTRUCTION PHASE II — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3555 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 February 25, 2003, the City Council authorized the award of Baloba Island Pavement Reconstruction Phase II to Sully Miller Contracting Co. of Anaheim, California. The contract provided for the reconstruction of concrete roadway, curb, access ramps, and alley approaches on Pearl Avenue from Park Avenue to the South Bay Front and Park Avenue from Grand Canal to East Bay Front. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $135,565.00 Actual amount of bid items constructed: $139,489.22 Total amount of change orders: $11,224.15 Final contract cost: $150,713.37 The increase in the amount of actual bid items constructed over the original bid amount resulted from the need for additional fill material, alley pavement and type 'B" curb. SUBJECT: Balboa Island Pavereeconstruction Phase II - Completion and Accept of Contract No. 3555 June 24, 2003 Page 2 One change order in the amount of $11,224.15 (8.3% over original bid amount) provided for sidewalk and curb reconstruction of Pearl Avenue, sewer manhole repair and lowering, lowering electrical conduit and reconstruction of drainage facilities. Funds for the project were budgeted in the following accounts: Description Gas Tax OCCTFP Tumback Account No. 7181- C5100645 7281- C5100565 Total All work was completed by May 12, 2003, the scheduled completion date. Environmental Review: Amount $92,213.37 $58,500.00 $150,713.37 The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines at the time the project was authorized by the City Council. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. The project involved the reconstruction of existing roadway and alley approaches and did not impact any environmental resources. Prepared by: A Stephen Kby, P.E. Associate Civil Engineer Submitted by: adum Director CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92658 -8915 until 11:00 a.m. on the 12 " day of February 2003, at which time such bids shall be opened and read for BALBOA ISLAND PAVEMENT RECONSTRUCTION PHASE 11 Title of Project Contract No. 3555 $ 177,000.00 Engineer's Estimate Approved Wen G. Badum lic Works Director N C/ O,F bef�iy�L eS� /S aGS� /lyn q/� e <FON Prospective bidders may obtain one set of bid documents for $10.00 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 Stephen Luy, Proiect Manager at (949) 644 -3330 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND PAVEMENT RECONSTRUCTION PHASE 2 CONTRACT NO. 3555 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND ............................................................................... ..............................5 DESIGNATION OF SUBCONTRACTOR(S). ................................................................... 6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ......................................................... .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL., 13 ACKNOWLEDGEMENT OF ADDENDA ........................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER .............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIALPROVISIONS ............................................................. ............................... SP -1 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND PAVEMENT RECONSTRUCTION PHASE 2 CONTRACT NO. 3555 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 chartered bank in California, as the escrow agent. S. 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 at 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. 747612 A Contractor's License No. & Classification SULLY- MILLER CONTRACTING CO. Bidder /aL VICE PRESIDENT Authorized Signature/Title RON SALCIDO FEBRUARY 10, 2003 Date Id 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND PAVEMENT RECONSTRUCTION PHASE 2 CONTRACT NO. 3555 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, In the principal sum of Ten Percent of the Amount Bid---- - Dollars ($ 10% of Bid ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of BALBOA ISLAND PAVEMENT RECONSTRUCTION PHASE 2, Contract No. 3555 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to 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 obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 31st day of January 2V3, Sully - Miller Contracting Company �g Name of Contractor (Principal) ARONi edSCn �re7Vtle PRESIDENT Liberty Mutual Insurance Company Name of Surety 8044 Montgomery Rd Ste 626W Cincinnati, OH 45236 Address of Surety (800) 759 -0559 Telephone Print Name and Title in -Fact (Notary acknowledgment of Principal & Surety must be attached) 1: STATE OF California SS. COUNTYOF Orange 31.2003 PERSONALLYAPPEARED 0 before me, Niria Tapia, Notary Public Teresa I. Jackson 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 person's), or the entity upon behalf of which the person's) acted, executed the instrument. WITNESS my hand and official seal. Signature OPTIONAL MY CO;P.m. Exp. F;b. 8, 2005 t This area for Official Notarial Seal 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 SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 0 ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTRT (IES) Liberty Mutual Insurance Company DESCRIPTION OF ATTACHED DOCUMENT Bid Bond TITLE OF TYPE OF DOCUMENT One NUMBER OF PAGES nuary 31, 2003 DATE OF DOCUMENT ID-1232 (REV. 5/01) ALL - PURPOSE ACKNOWLEDGEMENT rvl f% NH? I T1P..9 i 419 NGIAHY PUBLIC G+LiFO3U,A 3 ORANGE L'f,U:V iY h MY CO;P.m. Exp. F;b. 8, 2005 t This area for Official Notarial Seal 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 SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 0 ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTRT (IES) Liberty Mutual Insurance Company DESCRIPTION OF ATTACHED DOCUMENT Bid Bond TITLE OF TYPE OF DOCUMENT One NUMBER OF PAGES nuary 31, 2003 DATE OF DOCUMENT ID-1232 (REV. 5/01) ALL - PURPOSE ACKNOWLEDGEMENT Y 61 .0 C W W n7 4) O � U y O m L > d W _ 7 C'N 02 d o w; C W d e. y� L ` 4n £c L Y 0 mm D V > c > d THIS`POWf_R OF ATTORNEY IS NOT VALID U* IT IS PRINTED ON RED BACKGROUND. 1077783 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company "), a Massachusetts mutual insurance company, pursuant to and by authority of the By -law and Authorization hereinafter set forth, does hereby name, constitute and appoint TERESA I. JACKSON, VICTORIA VOORHEES, JOHN D. MILLER, CHRISTINE MAESTAS, ALL OF THE CITY OF SANTA ANA, STATE OF CALIFORNIA ......................... ............................... . . . .. . . . .. . .. . ... . . . .. . . . . ... . .. . . . . .. . .. . . .. . .. . . . . . ... . .. . .. . .. . .. . . .. . . . . . .. . .. . .. . .. . . . . .. . ... .. . ... . .. . ... .. . ... . .. . . . . .. . . .. . ... . .. . ... . .. . ... .. . ... . .. .... . . . .... .. . .... .. . .... . .. .... . . , each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding ONE HUNDRED MILLION AND 00/100 *' * *' * *' * * * * * * *' * *'* DOLLARS ($ 100,000,000.00 * * *'* ) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By -law and Authorization: ARTICLE XVI - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in- fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the company by their signature and execution of any such Instruments and to attach thereto the seal of the company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article XVI, Section 5 of the By -laws, Timothy C. Mulloy, an official of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. All Powers of Attorney attested to or executed by Timothy C. Mulloy in his capacity as an officer or official of Liberty Mutual Insurance Company, whether before, on or after the date of this Authorization, including without limitation Powers of Attorney attested to or executed as Assistant Secretary of Liberty Mutual Insurance Company, are hereby ratified and approved. That the By -law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 21rri day of ,may pr)np LIBERTY - MUTUAL INSURANCE COMPANY Timo C. Mull ssistant Secre ary COMMONWEALTH OF PENNSYLVANIA ss - COUNTY OF MONTGOMERY On this P.2rd_ day of Y , POW) , before me, a Notary Public, personally came Timothy C. Mulloy, to me known, and acknowledged that he is an official of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WHEREOF ~- unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. _ i ! t CERTIFICATE Z.a..v I, the undersigned, Assista>t�eeoefarV bill Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect onlrie dope of this certificate; and I do to Other certify that the off icer or official who executed the said power of attorney was one of the officers or officials specially authorized by the chairman or the president to appoint attorneys -in -tact as provided in Article XVI, Section 5 of the By -laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of i attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. !_ IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this 31St day of January 2003 I, ._. _ J6Kn F. X. Has, Assistant Secretary N H d C .N 7 C M O OCn yW C 0a Q M O� jL'O J C Q OE aM N O L O M a 0 '- 0 d 'a 3 >w y O t a N E `D L N q f, C c� 00 0, O, f r CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Orange On February 10, 2003 before me, Sherri L. Steenburgen, Notary Public, personally appeared Ron Salcido, personally known to me, to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or entity upon behalf of which the person acted, executed the instrument. NONONeee0eee000NeNeee W .. SHERRI L. STEENBURGEN COMM # 1276256 m W NOTARY PUBLIC - CAUFORNIA Q ORANGECOUNTY jj My Commission Expires Sept 9,2M jNeeNONeNeeeeeeeeeeeeeNeeeNNN� Witness my hand and official seal S UAl 6. Xl/l!Z� Sherri L. Steenburgen, Notary PutOic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal of this form to another document. Description of Attached Document Title or type of Document: Bid Bond Document Date: 01/31/2003 Number of Pages: One Signer(s) Other Than Named Above Liberty Mutual Insurance Company Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Ja Corporate Officer — Title(s): Vice President ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: SULLY - MILLER CONTRACTING COMPANY CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 BALBOA ISLAND PAVEMENT RECONSTRUCTION PHASE 2 CONTRACT NO. 3555 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Name, Bid Description of Work Percent of Address, Telephone # Item Total Bid Number 13 ►S�9 w s�,9 -fe s�- C 1-70:Vr' Fop 7!7 Xt7( j2 0�,, Sf�lp %� l 1. S- SULLY - MILLER CONTRACTING CO. Bidder �K A Authorized Signature/Title RON SALCIDO - VICE PRESIDENT CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND PAVEMENT RECONSTRUCTION PHASE 2 CONTRACT NO. 3555 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. SULLY - MILLER CONTRACTING COMPANY FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number Project Description BALBOA BLVD. RECONSTRUCTION & STORM DRAIN IMPVTS. FROM MEDINA WAY TO 12TH STREET - CONTRACT NO. 3428 STREET RECONSTRUCTION & DRAINAGE IMPROVEMENTS Approximate Construction Dates: From MARCH 2002 To: JUNE 200 Agency Name CITY OF NEWPORT BEACH Contact Person FONG TSE, P.E. Telephone (941 644 -3340 Original Contract Amount $1,694, 0 l9inal Contract Amount $ 1,609,000 If final amount is different from original, please explain (change orders, extra work, etc.) CAME IN UNDER CONTRACT'AMOUNT ' 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. i • No.2 NEWPORT BOULEVARD /BALBOA BOULEVARD REHAB Project Name /Number CONTRACT NO. 3373 Project Description STREET RECONSTRUCTION & STORM DRAIN WORK Approximate Construction Dates: From JANUARY 2003To: UNDER CONSTRUCTION Agency Name Contact Person CITY OF NEWPORT BEACH FONG TSE, P.E Telephone (941 644 -3340 Original Contract Amount $1 , 767, 30nal Contract Amount $ TBD If final amount is different from original, please explain (change orders, extra work, etc.) N/A 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. N/A No. 3 Project Name /Number PIER 400 CONTAINER TERMINAL Project Description BACKLAND IMPROVEMENTS Approximate Construction Dates: From NOV. 2001 To: AUGUST 2002 Agency Name Contact Person T OF LOS ANGELES MAHMOUD IRSHEID Telephone (3101 732 -3525 Original Contract Amount $ 78,134, `dal Contract Amount $ $87,644,427 If final amount is different from original, please explain (change orders, extra work, etc.) EXTRA WORK AND CHANGE ORDERS 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 91 No. 4 Project Name /Number CITY OF HAWTHORNE PROJECT NO Project Description LOCAL STREET IMPROVEMENTS Approximate Construction Dates: From I OCT. 2001 Agency Name CITY OF HAWTHORNE Contact Person AKBAR FAROKHI 01 -08 TO: MAY 2002 Telephone (310) 970 -7959 Original Contract Amount $ 852,939 Final Contract Amount $ 981,358 If final amount is different from original, please explain (change orders, extra work, etc.) CHANGE ORDERS AND EXTRA WORK Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO No. 5 Project Name /Number PLAYA VISTA TRACT 49104 -01, PHASE 1 Project Description NEW STREET CONSTRUCTION Approximate Construction Dates: From JULY 2001 Agency Name PLAYA VISTA COMPANY FEBRUARY 2002 Contact Person STEVE MUROW Telephone (714) 751 -5557 Original Contract Amount $_I, , 111 , 04 fnal Contract Amount $ 817,153 If final amount is different from original, please explain (change orders, extra work, etc.) DELETED PORTION OF SCOPE OF WORK Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. M 0 Q 0 0 No. 6 Project Name /Number OCEAN AVENUE REHABILITATION Project Description STREET RECONSTRUCTION Approximate Construction Dates: From NOV. 2000 To: OCTOBER 2001 Agency Name CITY OF TORRANCE Contact Person CRAIG BILEZERIAN Telephone (310) 781 -7694 Original Contract Amount $ 997, 000 Final Contract Amount $ 1,163,000 If final amount is different from original, please explain (change orders, extra work, etc.) CHANGE ORDERS, EXTRA WORK 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 Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contrac 's current financial conditions. SULLY - MILLER CONTRACTING CO. Bidder Authorized Signature/Title RON SALCIDO - VICE PRESIDENT 10 RESUME RICK WAGGONER PROJECT SUPERINTENDENT WORK HISTORY: 1995 - Present Sully Miller Contracting Company 1986-1995 Boral Contracting 1978-1986 Fontana Paving 1968-1978 Yeager Contracting EXPERIENCE: Rick Waggoner has been in the construction industry for almost 35 years. Mr. Waggoner is currently a Project Superintendent with Sully - Miller Contracting Company and has worked in various positions including Laborer, Foreman, and Operator prior to becoming a Superintendent. Mr. Waggoner is familiar with all aspects of our work and has proved to be an experienced and talented employee. 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND PAVEMENT RECONSTRUCTION PHASE 2 CONTRACT NO. 3555 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of ORANGE ) RON SALC I DO being first duly sworn, deposes and says that he or she is VICE PRESIDENT of SULLY - MILLER CONTRACTkWparty making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or -indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of Calif rnia that the foregoing is true and correct. SULLY - MILLER CONTRACTING Bidder Authorized Signature/Title RON SALCIDO - VICE PRESIDENT Subscribed and sworn to before me this 10th day of February 2003. [SEAL] Y^/t it� � � ..�/ rMHMMOMgOgO .ggO.gsqqqqqqOOM1H�Nt SHERRI L. STEFNBURGEN D Notary Public COMM # 1276258 Sherri L. Steenburgen W NOTARY PUBLIC - CALIFORNIA M My Commission Expires: 09/09/2004 ORANGE COUNTY a My Commisson Expires SepL�2004 = ON000000000000000000000990q �NMi 11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND PAVEMENT RECONSTRUCTION PHASE 2 CONTRACT NO. 3555 DESIGNATION OF SURETIES Bidders name SULLY - MILLER CONTRACTING COMPANY 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): SURETY: LIBERTY MUTUAL INSURANCE COMPANY 8044 MONTGOMERY ROAD, SUITE 626W CINCINNATI, OH 45236 (800) 759 -0559 BONDING AGENT: WILLIS RISK AND INSURANCE 2677 N. MAIN STREET, SUITE 300 SANTA ANA, CA 92705 (714) 571 -3100 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND PAVEMENT RECONSTRUCTION PHASE 2 CONTRACT NO. 3555 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name SULLY - MILLER CONTRACTING COMPANY 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. 1193 Current Record Record Record Record Record Year of for for for for for Record 2002 2001 2000 1999 1998 Total 2003 No. of contracts Total dollar O Amount of r� Contracts (in Thousands of $ No. of fatalities No. of lost Workday Cases O No. of lost workday cases involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 1193 to LO tf) M Q z F Q F- H Z 0 U L 7 > c �- o c > 0 @ o @ o w d -cmc n o c L CL O oU Co C -r @ CL c @ 7 N T @ m U @ O 'O m C C C T O .- @ C @ O @ N 'O L -O C N r co N O N U N L U C Y @ m 76 CL w -0 N O @ N_ 3 O Y @ L T O_ V C (a O L L @ U U 3 0) O 3 N Co C 0 0 7 @ O O a) C 7 a) @ O N L O. E ._ U L C ._ .0 N — C CD- N @ L N N Y @ N C — � C "@O C CO C a C .O U a) O @ L am 3 .0 E 0 C �E O C N cu O Q.0 C U O N O @ -0 = n ca c CL 0 O m @ a U yU) > N @0 @ E -0— =L 0 QE m o U U j �a fa C C N T C CU N p 6 @ a 7>,:BEx Em0Q)c C y C O @ O Q co L @ Eca)a)0 L C 0 T N a 0 w L O .` -0 @ F- 0 O_ -0 N Q w Y F- Z w x U J Fa-• O O N O N O O N O u c 0 E 0 c Q) m w a O a) a) c C 7 � @ U Q) 'O C @ P. N L co a) E O a) @ @ N @ @ N w � m o a 0 U N N LL.+ O N C O m @ 'a E U L @ C C O 3 CU @ E .° o U C U @ .0 @ @ N Q) L F N Y Q CL 2 O U O z F4 z Z O U C ryO U y N @ i Q Q � N r Z m o � O O N w N CL w a) Z Q U m O LLI fn N N O co O a Z Z r Q Q Q C O L a N F- t0 I 0 0 0 0 0 o 0 0 0 0 O O) Cl) M M (D N O co O Ln co 04 W r 7 M M M W co O Cl) O W co N W CD N O I,- a7 co O r O N oc co O co M N L Cl O O O r O O O r 0 O O ce) V O N C) N N P- 0 O O r-- LO N O 0) Q1 0 V C O N N N N N N @ C O C U b' @ @ @ 7 7 C i U E w N Y Y@ O E c Y m @E 3 3 o 3 C @ N iJ0 N m. 0 D_ O T 0) N U @ O O L O O@ O O O> C E O O C 0 0 O O 6 O> @ N O Z F-U Z Z Zs�O Z "-: N M 4 k6 (J c 0 E 0 c Q) m w a O a) a) c C 7 � @ U Q) 'O C @ P. N L co a) E O a) @ @ N @ @ N w � m o a 0 U N N LL.+ O N C O m @ 'a E U L @ C C O 3 CU @ E .° o U C U @ .0 @ @ N Q) L F N Y Q CL 2 O U O z F4 z Z O U C ryO U y N @ i Q Q � N r Z m o � O O N w N CL w a) Z Q U m O LLI fn N N O co O a Z Z r Q Q Q C O L a N F- t0 I May 7, 2001 SULLY - MILLER CONTRACTING CO TO WHOM IT MAY CONCERN: RE: Fatal Accident On October 1, 1998, a Sully - Miller employee suffered a fatal accident. The employee was not working on any of our projects, and he was not working on any property controlled by Sully - Miller. The employee was not being supervised by anyone from Sully - Miller and was not operating any equipment owned by us, however, he was on our payroll that day. He was "rented" to another contractor as a roller operator for the day. Our Workers' Compensation insurance carrier will handle this case, and they have already started death benefits to his family. CAL -OSHA completed their investigation and cited us for violation of California Code of Regulation Section 3203(a)(2.4). The citation was appealed. We prevailed on the appeal, however the Division has filed for a decision after reconsideration by the Appeals Board. We do not know when the Appeals Board will review the matter. Because the case is under investigation by the San Bernardino County District Attorney, we are limited in the information that we can give out. Rest assured that this accident had nothing to do with the safety performance of our company or with the safety awareness every Sully - Miller employee displays. Our Safety statistics have been far less than the average of other contractors in our line of business over the past three years. We pride ourselves on an excellent safety program, geared toward absolute protection of our employees while eliminating unsafe conditions for the public and protecting our clients as well. If you should have any further questions, please feel free to contact the undersigned at 714) 578 -9509. Sincerely, Randy Franklin Safety /Risk Manager MAIN ;14.578 - 9600..... .. ... FAX ?14.578.2850 1100 F. OflANGETHO)RIT A� T.... M. 200 AN.4HFI \I, CA 92807 twen5e 7476LM C-_,I • Legal Business Name of Bidder SULLY- MILLER CONTRACTING COMPANY Business Address: 1100 E. ORANGETHORPE AVE., #200, ANAHEIM Business Tel. No.: 714 578 -9600 State Contractor's License No. and Classification: 747612 A Title The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. SULLY - MILLER CONTRACTING COMPANY, A A Vn CORPORATION Signature of I n _M bidder �/ � Date FEBRUARY 10, 2003 Title VICE PRESIDENT Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. W1 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Orange On February 10, 2003 before me, Sherri L. Steenburgen, Notary Public, personally appeared Ron Salcido, personally known to me, to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or entity upon behalf of which the person acted, executed the instrument. Hll ". »..< ............. ».... «... Witness my hand and official seal SHERRI L. STEENBURGEN D Q COMM # 1276258 m A W NOTARY PUBLIC - CALIFORNIA M 7 Q ORANGE COUNTY j My Commission Expires Sept 9,2OD4 z Sherri L. Steenburgen, Notary Pubilb X00.. 1009M919000 ' ^909enp09900010NON.Mi OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal of this form to another document. Description of Attached Document Title or type of Document: Document Date: 02/10/2004 Number of Pages: Signer(s) Other Than Named Above None Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual U Corporate Officer — Title(s): Vice President ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: SULLY MILLER CONTRACTING COMPANY CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND PAVEMENT RECONSTRUCTION PHASE 2 CONTRACT NO. 3555 ACKNOWLEDGEMENT OF ADDENDA Bidders name SULLY - MILLER CONTRACTING COMPANY The bidder shall signify receipt of all Addenda here, if any: I Addendum No. I Date Received I Signature I 15 i • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND PAVEMENT RECONSTRUCTION PHASE 2 CONTRACT NO. 3555 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: SULLY - MILLER CONTRACTING CO. 1100 E. ORANGETHORPE AVE., #200 Business Address: ANAHEIM, CA 92801 714 57B -9600 PHONE Telephone and Fax Number: 714 578 -9672 FAX California State Contractor's License No. and Class: 747612 A (REQUIRED AT TIME OF AWARD) Original Date Issued: 03/30/98 Expiration Date: 03/31/04 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: VICTOR HERNANDEZ, PROJECT MANAGER The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address SEE ATTACHED LIST Corporation organized under the laws of the State of DELAWARE 179 Telephone a • The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: MR10 All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: NONE For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; NONE Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner /agency? If so, explain. NO Have you ever failed to complete a project? If so, explain. NO For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.) ?Yes / Are any claims or actions unresolved or outstanding? Ye / No UVA i 0 CERTIFICATE OF INCUMBENCY AND RESOLUTION I, Ron Salcido, do hereby certify that I am a Vice President of Sully- Miller Contracting Company, a Delaware corporation, and that as such I have access to and custody of the corporate records and minute books of said corporation. And I do hereby further certify that the following persons are duly elected officers of said corporation. TITLE NAME Chairman of the Board Louis Gabanna President & CEO R. Bruce Rieser Chief Financial Officer & Treasure Tim P. Orchard Vice President Vice President Vice President Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Ron Salcido Mitchell P. Vigna Peter Pouwels Stewart M. Fuhrmann George Aldrich Mary Lawson Mike Edwards James Wu I further certify that the following is a true and correct copy of a resolution duly adopted by the Board of Directors of said Company at a meeting held on December 22, 2000, and that this resolution has not been in any way rescinded, annulled or revoked but the same is still in full force and effect: "(AUTHORITY TO EXECUTIVE BIDS AND CONTRACTS) Resolved, that any officer of assistant officer of the Company be and each of them is hereby authorized to execute in the name and on the behalf of this Company under its corporate seal any and all proposals for the sale of products, merchandise and services of this Company and any bids and performance bonds required in the connection there- with, to the United States and of the State, territories and dependencies of the United States, the District of Columbia, cities, towns, townships, counties, school districts, and to the department, political subdivisions, agencies or wholly -owned corporation thereof, or to any other person." IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this 28`h day of March 2002. (SEAL) Ron Salcido, Vice President 1 100 E. Orangethorpe Ave Ste 200 Anaheim, Ca. 92801 (714) 578 -9600 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. SULLY- MILLER CONTRACTING CO Bidder R. BRUCE RIESER, PRESIDENT (Print name of Owner or President of Corratio mpany) Authorized Signature/Title RON SALCIDO VICE PRESIDENT Title FEBRUARY 10, 2003 Date Subscribed and sworn to before me this 10th NJ A. 41u�qa-\-) Sherri L. Steenburgen, Not�blic 18 day of February 2003. [SEAL] =�HH��N�N�NeOHO�HHH�HNNH�HO SHER0 L.STEENBURGEN2 2 CCMM # 1276258 D W NOTARY PUBLIC - CALIFORNIA m Q ORANGE COUNTY M j My Commission Expire Sept 9, 2004 +�O��H�O�OOO�H0000909001HOH1H 20 �"i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT r-� BALBOA ISLAND PAVEMENT RECONSTRUCTION PHASE 2 CONTRACT NO. 3555 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder, The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 19 • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND PAVEMENT RECONSTRUCTION PHASE 2 CONTRACT NO. 3555 CONTRACT THIS AGREEMENT, entered into this _ day of , 2003, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and SULLY - MILLER CONTRACTING COMPANY, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: BALBOA ISLAND PAVEMENT RECONSTRUCTION PHASE 2 Project Description 3555 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. 3555, 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 E 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 thirty-five thousand, five hundred sixty -five and 00 /100 Dollars ($135,565.00). 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: Steve Luy (949) 644 -3330 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: CONTRACTOR Sully - Miller Contracting Co. 1100 E. Orangethorpe Ave. Suite 200 Anaheim, CA 92801 714 -578 -9600 714 - 578 -9672 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 • 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. 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 • 0 K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: CITY CLERK APP AS TO FORM: CITY ATTORNEY 25 CITY OF NEWPORT BEACH A Municipal Corporation Ao M SULLY - MILLER CONTRACTING CO. By: �. Authorized Signature and Title C. ALDRICH, ASST. SECRETARY State of California ) ss. County of Orange ) On 2/21/03 before me, DIANE INGRAM - NOTARY PUBLIC (Name and title "Notary Public "), personally appeared G. ALDRICH name of signer, (X) personally known to me(or proved to me on the basis of satisfactory evidence)to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. DIANE ING M 4 NOTARY PUBLIC (Signature of Notary) (Seal of Notary) Y Description ofAnached Document Title of Type of Document CONTRACT AND BONDS CITY OF NEWPORT BEACH. Document Date: Number of Pages: Signer Other Than Named Above: None Capacity Claimed by Signer Signer's Name: G. ALDRICH Individual X Corporate Officer- Title: ASST SECRETARY ❑ Partner - 0 Limited 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: SULLRMILLER CONTRACTING COMPANY • ------------ MANS �DA! ;; .I , CM f M I mm'%g4Aftl�', 0 Certificate of Insurance III }n _ .11,, Ill 11 e 111 ,.rt6M 1 . ER" , )OL n+I.cl:-0.T =uUfncn IIIh ChRlll loll r.N +r,IAN IA i .All I'VLI.. AL!liULhVIII "A;l D.l'_ ll' -It Q.11 11 K ;HLO)\;� ,'.( I_ AI'I.'KIlLU6l 'I I If POLICIES KI'Gll IR1.Ct1_ SULLY - MILLER CONTRACTING COMPANY 1100 E. ORANGETHORPE AVE.. STE 200 Name and '— address of Liberty Mutual -, I ANAHEIM, CA 92801 1 Insured. Is, at the issue date of this certificate, insured by the Company under the policyties) listed below. The insurance afforded by the listed policy(ies) is subject to all their terms, exclusions and conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may be issued. If the certificate expiration date is continuous or extended term, you will be notified it coverage is terminated or reduced before the certificate expiration date. SPECIAL NOTCE -OHIO: ANY PERSON WHO. WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER, SUBMIT$ AN APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD. Liberty i'vIulual Group NOTIGE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) EXP. DATE [-]CONTINUOUS NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 TYPE OF POLICY ❑ EXTENDED POLICY NUMBER LIMIT OF LIABILITY -- -� 324 I POLICY TERM WORKERS COMPENSATION A-2 ary A. Taylor COVERAGE AFFORDED UNDER WC LAW OF THE FOLLOWING STATES: EMPLOYERS LIABILITY Bodily Injury By Accident 4/1/2003 WC2- 631- 004125 -652 CALIFORNIA $ 1,000,000 Each Accident Bodily Injury By Disease East Hanover, NJ (973) 887 -7400 2/21/03 $ 1,000,000 Policy Limit OFFICE PHONE NUMBER DATEISSUED I'ic.:orr.ii;,a Bodily Injury By Disease _— ----------- S „`t RZ $ 1,000,000 Each Person GENERAL LIABILITY General Aggregate - Other than PfDdUCts /Completed Operations $ 2,000,000 ® OCCURRENCE 4/1/2003 RG2- 631 - 004125 -662 PrDducts/Completed Operations Aggregate $ 2,000,000 ❑ CLAIMS MADE Bodily Injury and Property Damage Liability Per $ 2,000,000 Occurrence Personal Injury RETRO DATE I Per Person/ INCLUDED ABOVE Organization Other Other AUTOMOBILE LIABILITY Each Accident - Single Limit $ 2,000,000 B.I. and P.D. Combined Each Person ® OWNED 4/112003 AS2- 631 - 004125 -672 Each Accident or Occurrence ® NON -OWNED ® HIRED Each Accident or Occurrence OTHER ADDITIONAL COMMENTS THE CITY OF NEWPORT BEACH, ALL EMPLOYEES, OFFICALS,OFFICERS, MEMBER OF COUNCIL AND VOLUNTEERS. INSURANCE IS PRIMARY. PROJECT BALBOS ISLAND RECONSTRUCTION PHASE 2. If the certificate expiration date is continuous or extended term, you will be notified it coverage is terminated or reduced before the certificate expiration date. SPECIAL NOTCE -OHIO: ANY PERSON WHO. WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER, SUBMIT$ AN APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD. Liberty i'vIulual Group NOTIGE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYSIouce of such lennnalim or reeducchon has bee n man ed lo: F -- -� 324 I �7ZB�G< ( 2 CITY OF NEWPORT BEACH A-2 ary A. Taylor CI3RnFCATE HOLDER 3300 NEWPORT BLVD. AUTHORIZED REPRESENTATIVE NEWPORT BEACH, CA. 92663 East Hanover, NJ (973) 887 -7400 2/21/03 OFFICE PHONE NUMBER DATEISSUED I'ic.:orr.ii;,a I l+r k1', %11'1'1..11 C.I<nt'I'.urest",: t95ud-. ir,wtn.:r .uieancrcltdrn 1ht,c _— ----------- S „`t RZ WAIVER OF SUBROGATION ENDORSEMENT It is agreed that the company waives any right of subrogation if and when required by the insured's contract and in those states where permitted by law. This endorsement is executed by the LIBERTY MUTUAL FIRE INSURANCE COMPANY For attachment to Policy No. WC2- 631 - 004125 -653 Workers Compensation Effective date: 4/1/2002 Expiration date: 4/1/2003 Issued to: SULLY - MILLER CONTRACTING CO. ` / eL authorizl presentative 4 0 ADDITIONAL INSURED SCHEDULE Name of Person or Organization: 0 The City of Newport Beach, Public Works Department, its officers, officials, employees and volunteers Contract: Balboa Island Pavement Rehab. Phase WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations or "your work" for that additional insured performed by or for you. The insurance afforded by this policy for the benefit of the additional insured shown above shall be primary but only with respect to any claims, loss or liability arising out of the operations of the named insured. Any insurance maintained by the additional insured shall be non - contributory. This document is executed by: Liberty Mutual Fire Insurance Company Effective: 2/18/03 Expiration: 4/1/04 For Policy number: RG2 -631- 004125 -663 Issued to: SULLY - MILLER CONTRACTING CO. ' `l& authorized re esentative The Sully - Miller Contracting Co. policy is considered a `blanket , policy contract and includes the infortnation provided above. This document is comparable to the C621 10 1 185 form that has been discontinued, and it is provided as a matter of information and will be included with the master policy on file. ADDITIONAL INSURED SCHEDULE Name of Person or Organization: 0 The City of Newport Beach, Public Works Department, its officers, officials, employees and volunteers Contract: Balboa Island Pavement Rehab. Phase 2 WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations or "your work" for that additional insured performed by or for you. The insurance afforded by this policy for the benefit of the additional insured shown above shall be primary but only with respect to any claims, loss or liability arising out of the operations of the named insured. Any insurance maintained by the additional insured shall be non - contributory. This document is executed by: Liberty Mutual Fire Insurance Company Effective: 2/18/03 Expiration: 4/1/04 For Policynumber: RG2- 631 - 004125 -663 AS2- 631 - 004125673 Issued to: SULLY- MILLER CONTRACTING CO. authorized resentative The Sully - Miller Contracting Co. policy is considered a `blanket ` policy contract and includes the information provided above. This document is comparable to the CG21 10 11 85 form that has been discontinued, and it is provided as a matter of information and will be included with the master policy on file. FEB_27 -2003 THU 11:31 AM CAL ANCE FAX N0. 7191654 Fax #: C' 4 q - fP Ll 4 - 3 3 T CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach, P. 01 Date Received: a S-15 3 Dept. /Contact Received From: 511'l&_Y�l Date Completed: - ' D 3 Sent to: S �1A ,ii By: 1 Ll l Et' Company /Person required to have certificate: I 1 1t.,/ C4t vl ncr GENERAL LIABILITY A. INSURANCE COMPANY: L B. AM BEST RATING (A: VII or greater): C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? VYes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? e� E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? es ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? 9Yes ❑ No H. CAUTIONI (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes XNo 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. M AUTOMOBILE LIABILITY A. INSURANCE COMPANY: L B. AM BEST RATING (A: VII or greater): _ C. ADMITTED COMPANY (Must be Califomia Admitted): Is Company admitted in California? VYes ❑ No D. LIMITS (Must be $1M min. BI & PO and $500,000 UM): What is limits provided? oZ m-k E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ❑ YesNo F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? r) `Q- ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, tho City will accept the endeavor wording. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: B. AM BEST RATING (A: VII or greater): C. LIMITS: Statutory D. WAIVER OF SUBROGAT)ON (To include): Is it included? HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO. WHICH ITEMS NEED TO BE COMPLETED? , <Yes 0 No ❑ Yes rL _ Company Profile Company Profile • Page I of 2 MR CaiNo t Ins Ece LIBERTY MUTUAL INSURANCE COMPANY 175 BERKELEY ST BOSTON, MA 02117 -0140 800 - 262 -8238 Agent for Service of Process 7ERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 23043 NAIC Group #: 0111 California Company ID #: 1022 -3 Date authorized in California: August 30, 1929 License Status: UNLIMITED- NORMAL Company Type: Property & Casualty State of Domicile: MASSACHUSETTS Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the log ssary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY MARINE http: / /cdinswww. insurance .ca.gov /pls /wu_co _prof/idb_co —Prof utl.get_co _prof?p_EID =... 03/06/2003 Company Profile 0 • Page 2 of 2 MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information f.# 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 - January 08, 2003 06:21 PM Copyright © California Department of Insurance Disclaimer http: / /cdinswww. insurance. ca.gov /pls /wu_co —Prof /idb_Co _prof utl.get_co _prof?p_EID =... 03/06/2003 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL BALBOA ISLAND PAVEMENT RECONSTRUCTION PHASE II CONTRACT NO. 3555 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. 3555 in accordance with the Drawings and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization @ l il '�Z5;x h w, Dollars and 2�0 Cents Per Lump Sum 2. Lump Sum Traffic Control @fg ed-wlc Dollars and 'fro Cents Per Lump Sum 3. 20 C.Y. Sand Fill Material @ �',��-Y Cevei Dollars and Cents Per Cubic Yard $ S7 , 3� °°. w , 0 PR2of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 21,000 S.F. Remove and Construct 8 -Inch Thick P.C.C. Roadway @ rd✓ Dollars and F ax- Cents Per Square Foot 5. 300 S.F. Remove and Construct 6 -Inch Thick P.C.C. Alley 91 7 f� @ Dollars and 2O✓'U Cents Per Square Foot 144 L.F. P.C.C. Retaining Curb @ Dollars and Ze -`,0 Cents Per Linear Foot 170 L.F. Variable Height Type "B" P.C.C. Curb $ y, s $ y5co. / $ 7 $ �o. $ y @ Tw .,t4 Arm Dollars and Zevv Cents $ a3. $ 3 Per Linear Foot 800 S.F. Remove and Construct P.C.C. Alley Approach @i !rte Dollars and Cents $ S. r� $ �l Per Square Foot iA 4 M r] PR3of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE a 10 11 12 13 14. 500 S.F. 2 Each 1 Each Lump Sum Lump Sum 2 Each Remove and Construct P.C.C. Curb Access Ramp @ C/ey -0., Dollars and / 2e� Cents $ I %, $ `_y Per Square Foot Remove and Construct Local Depression @ Tw -eJyz L�el Dollars and -ZAYV Cents $ $ � T yD° Per Each Adjust Water Valve Cover to Grade r /h Dollars and 2sro Cents Per Each Traffic Striping @ -4v_-, s a / Dollars and Cents Per Lump Sum Survey @ L,r ��Dollars and Cents Per Lump Sum Remove and Install New Pull Box @f �� d2/_ Dollars and Cents Per Each $ 0 .. - TOTAL PRICE IN WRITTEN WORDS and '� Cents FEBRUARY 10, 2003 Date 714 578 -9600 PHONE 714 578 -9672 FAX Bidder's Telephone and Fax Numbers 747612 A Bidder's License No(s). and Classification(s) ,//,!::,it-'� PR4of4 $ 13S s 65. Total Price (Figures) SULLY - MILLER CONTRACTING CO. Bidder BRO %AyLP? bed V�(� %pgyDTETTT 1100 E. ORANGETHORPE AVE., #200 B � &W, AdrgsR 92801 1 1 1 1 1 i' 2 2 2 2 2 2 2 3 3 3 3 3 3 3 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS BALBOA ISLAND PAVEMENT RECONSTRUCTION PHASE II CONTRACT NO. 3555 INTRODUCTION PART 1--- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -7 ADJUSTMENTS TO GRADE 5 -8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 1 1 1 1 1 i' 2 2 2 2 2 2 2 3 3 3 3 3 3 3 4 0 0 6 -7.4 Working Hours 4 6 -9 LIQUIDATED DAMAGES 4 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 4 7 -7 COOPERATION AND COLLATERAL WORK 4 7 -8 PROJECT SITE MAINTENANCE 4 7 -8.5 Temporary Light, Power and Water 4 7 -8.6 Water Pollution Control 5 7 -8.8 Steel Plates 5 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 5 7 -101 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 7 7 -10.5 "No Parking" Signs 7 7 -10.6 Street Sweeping 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 8 SECTION 9 MEASUREMENT AND PAYMENT 8 9 -3 PAYMENT 8 9 -3.1 General 8 9 -3.2 Partial and Final Payment 10 PART 2--- CONSTRUCTION MATERIALS SECTION 201 CONCRETE MORTAR AND RELATED MATERIALS 10 201 -1 PORTLAND CEMENT AND CONCRETE 10 201 -1.1.2 Concrete Specified by Class 10 201 -2 REINFORCEMENT FOR CONCRETE 10 201 -2.2.1 Reinforcing Steel 10 214-4 NONREFLECTIVE PAVEMENT MARKERS 10 214 -5 REFLECTIVE PAVEMENT MARKERS 10 0 0 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 10 300 -1.3.2 Requirements 11 300 -1.5 Solid Waste Diversion 11 300 -4 UNCLASSIFIED FILL 11 300 -4.1 General 11 SECTION 302 ROADWAY SURFACING 11 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 12 302 -6.6 Curing 12 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 12 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 12 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 12 303 -5.1.1 General 12 303 -5.5 Finishing 12 303 -5.5.2 Curb 12 303 -5.5.4 Gutter 12 SECTION 310 PAINTING 12 310 -5 PAINTING VARIOUS SURFACES 12 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 12 310 -5.6.7 Layout, Alignment and Spotting 12 310 -5.6.8 Application of Paint 13 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 13 312.1 PLACEMENT 13 SP 1 OF 13 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS BALBOA ISLAND PAVEMENT RECONSTRUCTION PHASE II CONTRACT NO, 3555 INTRODUCTION All work necessary for the completion of this contract shall be done in accord with (1) these Special Provisions; (2) the Plans (Drawing No. R- 5814 -S, T- 5900 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1994 edition), including Supplements; (4) Standard Specifications for Public Works Construction (1997 edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 -517- 0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize /follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The filing of a Corner Record and /or a Record of Survey with the County Surveyor's Office is required after the Work completion. All existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and /or monuments damaged by the Work." 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 SP2OF13 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. SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner SP3OF13 in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust to finish grade City - owned pull boxes, conduit, water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor shall coordinate the adjustment of Southern California Edison, The Gas Company, Pacific Bell and cable television facilities to the finish grade with the appropriate utility company. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing meter or valve box covers. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 -3402. SECTION 6 - -- PROSECUTION PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the `Notice to Proceed." The Contractor may work at both sites simultaneously to expedite the project. However, if only one site is constructed at a time, Park Street on Little Balboa Island shall be constructed first. No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work and traffic control plan has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within forty (40) consecutive working days after the date shown on the "Notice to Proceed or May 23, 2003, whichever occurs first." C, SP 4 OF 13 It will be the Contractor's responsibility to ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1 st, the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday in November (Thanksgiving), December 24th (1/2 days for Christmas Eve), December 25th (Christmas) and January 31st (1/2 day for New Years Eve). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 8:00 a.m. to 4:30 P.M. Monday through Friday. Should the Contractor elect to work outside normal working hours, he must first obtain special permission from the Engineer. The request may only be for 4:30 P.M. to 6:30 P.M. on weekdays or 8:00 A.M. to 6 P.M. on Saturday. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $60.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $750. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $750 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use the City's water, he shall arrange for a meter and tender an $813 meter 0 0 SP5OF13 deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean." 7 -8.8 Steel Plates. The City can provide a limited quantity of steel plates. These plates may be obtained for a rental charge of $15.00 per plate per week or part thereof. In addition the Contractor shall deposit $100 for the use of the City's lifting eye fitting and for the use of trench plates. The Contractor shall obtain plates from and return plates to the City's Utilities Yard at 949 West 16th Street. To determine the number of plates available and to reserve the plates, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (949) 718 -3402. 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. Add to this section: "In locations where sidewalk/curb or access ramp /alley approach is to be reconstructed, existing traffic signs shall be removed and stored by the Contractor. Prior to reinstallation, the Engineer shall examine the traffic signs and determine if any should be replaced. Replacement signs shall be furnished by the City and installed by the Contractor. Compensation for this work shall be included in the lump sum bid price for 'Mobilization.' In locations where sidewalk is not to be removed, existing traffic signs shall be protected in place. The Contractor shall protect all trees, foliage, irrigation systems, lighthouse decorations and all other median improvements in place. Should any damage to the median improvements result the Contractor shall repair any damage to the satisfaction of the City." 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accord with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre- construction condition. The Engineer may require new pavement if the pavement condition has been compromised during construction." Ll SP 6 OF 13 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street. The Contractor will be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. All traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), 2001 Edition. The Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. The traffic control and detour plans shall meet the following requirements: 1. Emergency vehicle access shall be maintained at al( times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and /or lighted. 4. Vehicle access to and from residences, including parking, may be limited or closed during working hours, with the Engineer's approval. 5. Access to areas of Little Balboa Island North of Park Avenue shall be maintained during non - working hours, unless otherwise approved by the Engineer. If approved by the Engineer, the Contractor may cover all ONE WAY type signs adjacent to the construction to allow better ingress, egress, and parking during the construction. These signs shall be uncovered immediately after they are no longer needed. 6. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, Mr. William Russo, at (949) 718 -3468 and all property owners." 7. Traffic may be detoured around portions of Park Avenue for periods of up to one week per work area while the concrete pavement is being removed, replaced and cured. One option would be two -way traffic on the south side of Park Avenue with parking restrictions. Another option would be detour routes on one -way streets where applicable. Traffic detours using alleys should be kept to a minimum. The contractor will be allowed to work on half of Pearl Avenue at a time and shall maintain parking on the remaining half of Pearl Avenue at all times. 7 -10.4 Public Safety i • SP 7 OF 13 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractors safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall furnish, install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division at (949) 644 -3717, for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be similar in design and color to sign R -38 of the CalTrans Uniform Sign Chart. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.6 Street Sweeping Signs. After posting "NO PARKING - TOW AWAY" signs, the Contractor shall cover street sweeping signs, on those streets adjacent to construction, in a manner approved by the Engineer. Immediately after construction is complete and the street is opened to traffic, the Contractor shall uncover the street sweeping signs. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to the adjacent residents, within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours before the start of any construction, the Contractor shall distribute to the adjacent residents a written notice stating when construction operations will start and what disruptions may occur and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The written notices will be prepared by the Engineer. The Contractor shall insert the applicable dates and times when the notices are distributed. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the Engineer. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. At SP8OF13 the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and submitted to the Engineer at the time each progress bill is submitted. Progress payment requests will not be processed unless up -to -date "As Built" drawings are submitted with the request. Upon completion of the project, the Contractor shall provide "As- Built' corrections upon a copy of the Plans. The "As- Built" correction plans shall be submitted to the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: 'The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include all preparation and scheduling of materials and equipment necessary to complete the work items as required to complete the work in place. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications, temporary parking permits, and signs and shall include all other costs incurred notifying residents. In addition this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flag persons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the WATCH manual, 2001 edition, and City of Newport Beach requirements. • • SP9OF13 Item No. 3 Sand Fill Material: Work under this item shall include placement of sand fill in those areas where the street grade is raised and all other work items as required to complete the work in place. Item No. 4 Remove and Construct P.C.C. Street: Work under this item shall include removing P.C.C. pavement, disposing of excess material, grading, compaction, doweling, constructing new 8 -inch thick P.C.C. pavement and all other work items as required to complete the work in place. Item No. 5 Remove and Construct P.C.C. Alley: Work under this item shall include removing P.C.C. alley, disposing of excess material, grading, compaction, constructing new 6 -inch thick P.C.C. alley with joint filler and all other work items as required to complete the work in place. Item No. 6 P.C.C. Retaining Curb: Work under this item shall include grading, compaction, constructing new P.C.C. retaining curb and all other work items as required to complete the work in place. Item No. 7 Variable Height Type "B" P.C.C. Curb: Work under this item shall include grading, compaction, constructing new variable height Type "B" P.C.C. curb and all other work items as required to complete the work in place. Item No. 8 Remove and Construct P.C.C. Alley Approach: Work under this item shall include removing of existing improvements and constructing the P.C.C. alley approach per C.N.B. Std. -143 -L and all other work items as required to complete the work in place. Item No. 9 Remove and Construct P.C.C. Access Ramp: Work under this item shall include removing existing improvements and constructing the P.C.C. access ramps, installing felt joint filler and all other work items as required to complete the work in place. Item No. 10 Remove and Construct P.C.C. Local Depression: Work under this item shall include removing existing P.C.C. curb inlet local depression, constructing a new curb inlet local depression and all other work items as required to complete the work in place. Item No. 11 Adjust Water Valve Cover to Grade: Work under this item shall include adjusting all water valve frames and covers to grade and all other work items as required to complete the work in place. Item No. 12 Traffic Striping: Work under this item shall include traffic striping, placing reflective markers, removing, storing and replacing any street signs and all other work as required to complete the work in place. SP 10 OF 13 Item No. 13 Survey: Work under this item shall include providing any and all surveying required to complete the work in place. Item No. 14 Remove and Install New Pull Boxes: Work under this item shall include removing existing pull boxes, providing and installing new pull boxes, adjusting conduits to grade and all other work items as required to complete the work in place. 9 -3.2 Partial and Final Payment. Add to this section: 'Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE. MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: 'Portland Cement concrete for construction, except roadway pavement, shall be Class 560 -C -3250. Portland Cement concrete for roadway construction shall be 650 -C -4000. Concrete used for street construction will be allowed a maximum cure time of 72 hours in order to facilitate the opening of the roadway. The Contractor shall provide submittals for approval by the Engineer of the accelerants used to increase the cure time of the roadway." 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: 'Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." SECTION 214 - -- PAVEMENT MARKERS 214-4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non - reflective pavement markers types A and AY shall be ceramic." 214 -5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass- covered reflective faces or be 3M Series 290." PART 3 ! 0 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials SP 11 OF 13 300 -1.3.1 General. Add to this section: 'The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." And replace the words 1 '/2 inch" of the last sentence with the words "two (2) inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. 300-4 UNCLASSIFIED FILL 300 -4.1 General. Add to this section: "The Contractor shall import fill material of the same type as the existing sand material under the existing roadway. The fill material shall not be placed until a sample has been approved by the Engineer." SECTION 302 - -- ROADWAY SURFACING • SP 12 OF 13 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 302 -6.6 Curing. Add to this section: "The Contractor shall open street improvements to vehicular use within 72 hours after placing and finishing the concrete. Strength of concrete may be attained more rapidly, to meet the time constraints herein, by the use of additional Portland cement, accelerants or admixtures with prior approval of the Engineer." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 2,000 psi.' 303 -5.5 Finishing 303 -5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718 - 3402." 303 -5.5.4 Gutter. Add to this section: "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: "The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and 0 0 SP 13 OF 13 spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 310 -5.6.8 Application of Paint. Add to this section: `Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.45 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re- install "NO PARKING, TOW- AWAY" signs and re- notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes /covers /damages existing striping and /or raised pavement markers outside of the work area, he shall re- stripe /replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." SECTION 312 - -- PAVEMENT MARKER PLACEMENT AND REMOVAL 312.1 PLACEMENT. Amend this section with: 1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD - 902 -L. 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry." 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 6 February 25, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen Luy, Associate Civil Engineer 949 - 644 -3311 sluy@city.newport-beach.ca.us SUBJECT: BALBOA ISLAND PAVEMENT RECONSTRUCTION PHASE II - AWARD OF CONTRACT NO. 3555 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3555 to Sully Miller Contracting Co. for the Total Bid Price of $135,565.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $13,565.00 to cover the cost of unforeseen work. DISCUSSION: At 11:00 A.M on February 12, 2003, the City Clerk opened and read the following bids for this project: TOTAL BID AMOUNT $135,565.00 152,152.00 155,000.00 156,443.00 159,300.00 *160,750.00 168,376.00 169,100.00 169,414.00 170,550.00 174,436.00 199,640.00 BIDDER Low Sully Miller Contracting Co. 2 All American Asphalt 3 NOBEST Inc. 4 GCI Construction Inc. 5 Beador Construction Co. 6 Ranco Corp. 7 Hardy & Harper, Inc. 8 E.A. Mendoza Contracting 9 E.B.S. Inc. 10 Damon Construction Co. 11 Hillcrest Contracting Inc. 12 4 -Con Engineering, Inc. TOTAL BID AMOUNT $135,565.00 152,152.00 155,000.00 156,443.00 159,300.00 *160,750.00 168,376.00 169,100.00 169,414.00 170,550.00 174,436.00 199,640.00 Subject: Balboa Island Pavem•Reconstruction Phase II — Award of Contract Nom. 3555 Date: February 25, 2003 Page: 2 13 Marne Construction, Inc. 14 ATEK Construction, Inc. 214,322.00 * *271,916.00 * Corrected Bid Amount is $160,720.00 ** Corrected Bid Amount is $243,828.00 The low total bid amount is 23 percent below the Engineer's Estimate of $177,000.00. The low bidder, Sully Miller Contracting Co., possesses a General Classification "A" contractor's license as required by the project specifications. Sully Miller Contracting Co. has satisfactorily completed similar concrete repair projects for the City. This project provides for the reconstruction of concrete roadway, curb, access ramps, and alley approaches on Pearl Avenue from Park Avenue to the South Bay Front and Park Avenue from Grand Canal to East Bay Front. Environmental Review: Categorically Exempt -under Chapter 3, Article 19, Section 15301, Class 1 (c) of the Title 14 California Code of Regulations. Exemption of maintenance of existing facilities. Public Notice: Notice of bidding was advertised in the Daily Pilot, McGraw Hill -F.W. Dodge, and Construction Market Data. Geotechnical /Survey Services: Survey services will be provided by the Contractor. A proposal for $3,600.00 is attached from Harrington for Geotechnical Services. Funding Availability: There are sufficient funds available in the following account for the work: Account Description OCCTFP Turnback Gas Tax Prepared by: Stephen Luy Associate Civil En neer Attachments: Project Location Map Bid Summary Geotechnical Proposal Account Number 7281- C5100645 7181- C5100645 Total: Submitted by: Amount $58,500.00 $90,630.00 $149,130.00 Badum s Director BAY$oE U BAtBOA ED m � FRONT NORTH S�'�O gpY P if i Tt 2y� A tBOA a Q VP L.0 A ELF UE ° l� TPT.ARK MENU iI mil/ 9 1 �'IIIn�Nryrnl''I TTT IIIEum BAY ON OU NEWPORT CHANNEL LOCATION MAP NOT TO SCALL CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND PAVEMENT RECONSTRUCTION PHASE II DRAWN -�L APPROVED DATE C -3555 DRAWING NO. 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O O 0? C\ N W LQo O N O S tD tD d' N O U N 0 0 0 0 0 o o 0 o 0 0 0 0 o o U 000m�noo�n�n00000 OF-- oom��Mm�w00000= Z oor N O oc�moi-- N I ID ID N m 'p W O O N M 00000000000000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 �- 000000000600000 Z N O O O O W O 0 0 0 0 0 0 0 Q iD O N iD W W l0 (D O M tD O in p W M LD .- C4 L6 to m M N M 0 p g m � 0 o O o 0 0 0 0 0 o O o 0 0 o 0 0 m o 0 0 0 0 0 0 o o 0 H o o o i iw o o 1 r o o o o o Z N O a N m O O O O N W D O m N N W (n N r ii lLL LL LL LL LLL Q Q N N a h- O O C N L C _ C N D n N Z a a m as v O ° m > m m p o IL o N Q a Q Q u m m .c a a maa u<D 3 ? 2 o 0 U j T N N O> m C(u C C U C C U N v v U U m L U U K> a c C 'd 'O -O m C .n O c C C C C C a C �` a C NULL 0= m m m m m= d m m m m o m u M >i in m m ._ > > a. a > > > U > w w w o i m U m m m B a Q 2 F- m w 1p N co m O m a F- O O r N Vi m Q 0 J. m d r a N m 0 0 m c 0 v L i d Pi a$ M�1; February 13, 2003 W. Steve Luy, Project Engineer CITI' OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 Newport Boulevard Newport Beach, California 92663 0 VIA FAX & U.-S MAIL Re: Proposal/Cost Estimate for Geotechnical Engineering Services for Balboa Island Phase H, C#35555, Newport Beach, CA HGEI Proposal No. .P 1537 Dear Mr. Luy: As requested, Harrington Geotechnical Engineering, Inc. is pleased to submit this Proposal/Cost Estimate for performing the necessary observations and compaction tests during construction of the above- referenced project. The scope of our services is based on our understanding of project requirements after a brief discussion with you in regards to anticipated work. Site visits and test frequency are usually specified by City staff. The project consists of preparation and compaction of exposed subgrade soil on two streets measuring approximately 500'x 24'. Placement of 8 inches ofportland cement concrete will be used to complete the roadways. Our services will consist of performing density and compaction tests on subgrade soil and casting concrete test specimens. These services will be provided periodically as requested by City personnel. Batavia Business Centel, 1938 North Batavia Street, Suite N, Orange, CA 92965 (714) 637 -3093 • (800) 924.7645 • FAX (714) 637.3098 � J CM OF NEWPORT BEACH HGEI Proposal No. P -1537 February 13, 2003 Page 2 An exact accounting of time and tests required is not known at this tune; however, based on anticipated requirements we suggest that the City budget $3,600.00 for our services. Our fee will be based on our current fee schedule (on file with the City), the number oflaboratory tests performed, and total technician field time as verified by signed time tickets. We appreciate the opportunity to submit this Proposal/Cost Estimate and trust it will meet with your acceptance. Should you have any questions, require further information, or wish to discuss the estimate, please call the undersigned. Very truly yours, HARRINGTON GEOTECHNICAL ENGINEERING, INC 94 Don gton, Jr. Vice President IMN-96_I[li