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Home My WebLink AboutC-3559 - 2002-2003 Citywide Slurry Seal Program• 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC October 14, 2004 Sudhakar Company International 1450 N. Fitzgerald Avenue Rialto, CA 92376 Subject: Citywide Slurry Seal Program (C -3559) To Whom It May Concern: On October 14, 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 December 1, 2003. The Surety for the contract is Greenwich Insurance Company, and the bond number is 45038033. Enclosed is the Faithful Performance Bond. Sincerely, 4 /v dvjux' LaVonne M. Harkless, MMC City Clerk cc: Public Works Department Sean Crumby, 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 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO" 3559 BOND NO. 45038033 The premium charges on this Bond is $ 79g,Z io-00 being at the rate of $ 25.00 thousand of the Contract price. WHEREAS. the City Council of pie City of Newport Beach, State of CallIomis. by motion adopted. awarned to StIDHAKAR COMPANY, tNTEPNA'nONAL hereinafter desianaU4 as the 'principal", a contract for construction of 2002 -2003 CITYWIDE SLURRY PROGRAM, Contract No. 3559 in the City of Newport Beach, in strict conformity with the plans, orawngs, specifications, and other Contract Documents maintained in the Puplic Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed of is about to execute Contract Na 3559 and the terms thereof requite the furnishing of a Bond for the faithful pe formance of the Contract; NOW. THEREFORE, we, the Principal, and Gree —ich insurenee compf`y duly authorized to transact ouslness under the laws of the State of Caidorm as Surety (hereinafter -SureV), are held and firmly bound unto the City of Newport Beach, in the sum of tWo hundred twenty-nine thousand. seven hundred frity and 80r400 Dollars ($?29.750.00) lawful money of the United States of America. sand sum being equal m 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for whi h payment well and truly to be made, we bid ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presem THE CONDITION OF THIS OBUGAMON 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 ire manner therein specified, and in all respects according to its true intent am 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 oblbgation shall become null and void. 26 0 0 As a par! of rite oUigarion secured hereby, and in agdidon 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 [ring an action in law or egtaty 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 perfortne4 thereunder or In the specifmifions 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 Me Contact or to the work or to the specifications. This Faithful Performance Bond snap be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Pdncipat executed this bond as an individual, a is agreed that the death of any such PdnGpai shall not exonerate the Surety from its obhgatlons under #Irs Bond. IN WITNESS WHEREOF, This instrument has been truly executed Dy the Principal and Surety above named. on the 23 day of June .2003- SUDiAKAR COMPANY, INTBRNATIONAI. Principal Gceewrich 12EEa a Cmpany Name of Surety _One_E=hange Place, Suite 501 Jersey7ci2 'iii Address of Surely UU 203 -964 -5200 Telephone Jeannette Porriniz Attorney -ln -Fact Print Name and Tine NOTARYACKNOWLEDGMBNTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 0 • CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of Califor ss. County of OnN e �� ! t�ilb �i before DOW personally appeared r personally known to me proved to me on the basis of satisfactory 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 enAupon behalf of which the person(s) acted(exAcuted the instrument. my hand qd al seal OPTIONAL Though the intormab'on below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual Top Of thumb here ❑ Corporate Officer— Title(s): ❑ Partner —❑ Limited O General ❑ Attomey -in -Fact ❑ Trustee 0 Guardian or Conservator ❑ Other: Signer Is Representing: 0 1 998 NOdorel Notary �aIOn • 9350 De SOW Ave.. P.O. Box 2Ua • Cha¢ ft, CA 91313¢402 • v .nodonallotaryorg P,00. No. S997 Reamer. Call TcII -Free 1 806a]BAa2] Message Page 1 of 1 Brown, Leilani From: Gunther, Robert Sent: Thursday, October 14, 2004 1:48 PM To: Brown, Leilani Cc: Locey, Mary; Masters, Rob; Crumby, Sean; Patapoff, Bill Subject: RE: C -3559 - Sudhaker - city slurry project OK to release faithful performance bond Gunther - - - -- Original Message---- - From: Locey, Mary Sent: Thursday, October 14, 2004 8:44 AM To: Brown, Leilani; Gunther, Robert Cc: Crumby, Sean; Oyler, Shauna; Rooks, Shari Subject: RE: C -3559 My bad! I totally forgot to pass on the word. I have only been here part time lately and I feel half brain dead. Gunther - Leilani said the 30 days will pass this week to release the Faithful Performance Bond and she still has an outstanding Stop Notice. She needs to know if we can release or need to hold the Bond longer. Please respond to her at your earliest. Thanks, and I'm sorry for dropping the ball on this one. Mary Locey - - - -- Original Message - - - -- From: Brown, Leilani Sent: Thursday, October 14, 2004 7:49 AM To: Locey, Mary; Crumby, Sean Subject: C -3559 Any word on what I should do regarding the Faithful Performance Bond for this contract (Citywide Slurry Seal Program)? Thanks! 10/14/2004 STOP NOTICE CALIFORNIA PUBLIC WORK (Civil Code Section 3103, Section 3179, et seq.) type of work or material) for the benefit oVat the request of. I _ (Name of person to or for whom sable was RECEIVED 04 ALI; 18 PI2 :27 C_ )559 for the public work of improvement described as the Project above. The value of the whole agreed to be done or furnished by claimant is $ /4: 8 Q 7.9a The value of that already done or furnished is $ J5 Claimant has been paid or credited with the sum of $ -&— , and there remains due and unpaid the sum of $ A�f-&7. fel , plus interest at the rate of _./9— % per year from 3 J.__ , 2AA4� . Pursuant to Civil Code section 186, is your duty upon receipt of this Stop Notice, to withhold from the original contractor, or from any person acting under his authority, money or bonds (where bonds are to be issued in payment for the work of improvement) due or to become due to such contractor in an amount sufficient to answer_the claim stated in this Stop Notice and to provide for the reasonable cost of itigatio the eunder. Dated (Name of Claimant) (Signature of aimanl or Agent) (Title) - over - O W © Associated General Contractors of California, Inc. 1998 e FormAGCC -20 _ d RWsed 8197 ` r .6p O V ❑ 00 VERIFICATION 1, the undersigned declare; Q��A� _ . 1 am the V� of (I Me) (Name o aimant)' the claimant named in the foregoing Stop Notice; I am authorized to make this verification in behalf of the claimant; I have read the foregoing Stop Notice and know the contents thereof, and the same is true of my own knowledge. 1 declare under penalty of perjury under the laws of the StaZoalffornia that the foregoing is true and correct. Date: ( natur f individual wh erifies the contents of the Stop Notice) NOTICE TO CLAIMANT: If the claimant pays two dollars ($2.00) to the public entity at the time of riling the stop notice, the public entity must give notice of completion, cessation of labor deemed to be completion, or acceptance of completion, of the public work. SERVICE NOTE: Civil Code Section 3103 requires that the stop notice be filed with the director of the department which let the contract, if the public work is for the State. In the case of any other public work, the statute requires that the stop notice be filed in the office of the controller, auditor or other public disbursing officer whose duty it is to make payments under the provisions of the contract, or with the commissioners, managers, trustees, officers, board of supervisors, board of trustees, common council, or other body by whom the contract was awarded. NOTE: This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This form is intended to meet the requirements of California law as of August t, 1997. -2- STE !/LEA ES, /NC RECEIVED Contracting Division Equipment Division Phone (818) 8348199 ALIG 18 P12:24 Phone (888) 718 -7734 Fax (818) 8348618 — Operations Dept' Phone (818) 8340410 Fax (818) 8340288— Admiestra6on Dept Fax (818)834-7968 Striptg— Markers — Signs. — Re Sales-Rentals —Sh�— Trench Shields — Plates WICE OF THE CITY CLERK CITY OF NEWPORT BEACH Fax x UgFKA x For Review 0 Please cemrrreet x Please Reply 17 Please Recycle Frank, Included with this fax cover sheet is a copy of the Stop Notice Stemdahl Enterprises, Inc. is filing against Bondblack Top for non payment. Please file this with the apporiate department. 1 will be mailing the original. So please look far this in your Fridays mail. Thank you for your cooperation in this matter. Also Could you please call and confirm with me that you have received the original. Thank you, D Enterprises, Inc. 1 1861 BRANFORD STREET SUN VALLEY CALIFORNIA 91352-1032 1&IM ✓,STERNDAHL.COM Frank Tran City of Newport Beach From Judy Heinbaugh — Accounts Receivable dmnistrator Ext. 115 Fmc 949444-3039 949-644-3318 Pages: 3 Pherrc 0 13016L. 8118104 2003 Citywide Slurry Seal Program M. Bond Blacktop, Inc. TOP NOTICE x UgFKA x For Review 0 Please cemrrreet x Please Reply 17 Please Recycle Frank, Included with this fax cover sheet is a copy of the Stop Notice Stemdahl Enterprises, Inc. is filing against Bondblack Top for non payment. Please file this with the apporiate department. 1 will be mailing the original. So please look far this in your Fridays mail. Thank you for your cooperation in this matter. Also Could you please call and confirm with me that you have received the original. Thank you, D Enterprises, Inc. 1 1861 BRANFORD STREET SUN VALLEY CALIFORNIA 91352-1032 1&IM ✓,STERNDAHL.COM 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC December 1, 2003 Sudhakar Company International 1450 N. Fitzgerald Ave. Rialto, CA 92376 Subject: Citywide Slurry Seal Program (C -3559) To Whom It May Concern: On October 14, 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 October 28, 2003, Reference No. 2003001320748. The Surety for the contract is Greenwich Insurance Company, and the bond number is 45038033. Enclosed is the Labor & Materials Payment Bond. Sincerely, G�� l!v v- VJ LaVonne . Harkless, CMC City Clerk cc: Public Works' Department Sean Crumby, 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 0 • CITY OF NEWPORT BEACH PUSUC WORKS DEPARTMENT 2002 -2003 CL1WME SI,_UFM PROGRAM QQNTRACT NO 3558 BOND No. 45038033 1.ASOR AND MATERIALS PAYMENT BOND WHEREAS. the City Council of the City of Newport Beads. Stare of Cakfomha, by motion adopted. Ms awarded to SUDMKAR COMPANY, INTERNATIONAL, hereinafter designated as the "Principal.' a contact for construction of 2002 -=3 GTYWIDE SLURRY PROGRAM, contract No. 3559 In the City of Nevupert 9each. in strict conformity with the plans, drawings. specifications and other Contract Documents in the Or= of ite Pub5C Wortcs Department of the Cky of Newport aeacN all of which are incorporated herein by this reference. WHEREAS, Principal has executed or Is about to execute Contract No. 3559 and the Terms thereof require the furniatxng of a bond, providing that if Principal or any of Principal's subcontracts, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the wom agreed to be clone, or for any work or tabor done thereon of any kind. the Surety on mis bond wig pay the same to the extertf hereinafter set fa t: Greenwich NOW �� HE OFZIa, we me undersigttad Principal, and, MAY authorized to transact business Under the laws of bte State of Caftrilla, as Surety, treferred to herein as `SuTW) ace held firmly bound unto the C41y of Newport Beach, in the sum of two hundred twaffly-nine thousand, seven hundred fdty and 0DM00 Ddkws ($22%750.0% lawful money of the Chided States of America, said sum being equal to 100% of the estimated amount payable by the Gty of Newport Beach under the terms of the Contract. for wntch payment well and truly to be made, we bind autselva% our heirs. executors and administrators. successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBOGATION IS SUCH, that if the Principal or the Pnncipal's subcontractors, fah to pay for any matanals, provisions, or other supplies, implements or machinery used m. upon, for, or about the performance of the work contracted to be done, or for arty other work or tabor the=n of any kind, or fur amounts due under the Unemployment insurance Code with respect to such work or tabor, or for any amounts required fo be deducted, whhherd and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13D20 of the Urtempkmnam insurance Code with respect to such work ana 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 Inc obligations of this Bond, a reasonable attorney's fee, to be fired by the Court as required by The provisions of Section 3250 of the Civh Code of the State of California. 26 0 • The Bond shall inure to the benefit of any and all persona companies, and corporations enwied to file charms 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 CM Code of the State of Ca6fomra. And Surety, for value received, hereby stipu►ates and agrees that no change, extension of time, arteratrons or aadiWris w the terms of the Contract Or to the wont to be pwform thereunder or the specifications accompanying the same shah in any wise affect its opfigations on this Bond, and it does hereby waive notice of any such change, extension of tints. aftations or additions to the terms of the Contract or to Tile work or to the specifications. In the event mat any principal above named axecuted this Bond as an individual, ii is agreed that the death of any such principal Shall not exonerate the Surety from its opfsgations under this Bond. IN WITtvFSS VMV -REPF, tnis instrument has been duty executed by the above named Principal and Sui ety, on the 23 day of Juu -' 12w3. r-� SUDHAKAR COMPANY, INTERNATIONAL Principal Greenwich Insr ance Company Name of Surety OnE jWbmim Place Suite 501 Jersey tY�PJ Address of Surety Q7% 203 -964 -5200 Telephone She Fu ini.. AttorMy -ln -Pact Print Name and Type NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED n CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of Califor is ss. County of On\ 0AF'6?J before me Daffi i+ �� / personally appeared f/r- �_��,JJF /--�Y" Ll personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are 191ESALCOgIq subscribed to the within instrument and CorrrnhYOn • 401125 acknowledged to me that he /she/they executed - O YPubiic - camoi, the same in his /her /their authorized Rivemksq County capacity(ies), and that by his /her /their Comm. FVkftFab lB,ppp� signature(s) on the instrument the person(s), or the tit on behalf of which the persons) acted, x uted the instru t. WIT SS my hand ial seal. - syNawrea emn PUbllc OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: • Individual Top of numb hem • Corporate Officer — Ttle(s): ❑ Partner — ❑ Limited ❑ General ❑ Attonney -in -Fact ❑ Trustee • Guardian or Conservator • Other: Signer Is Representing 0 1 988 Natoml Nou, Aawi eon • 9350 De Solo Ave., P0. Box 2402 • Clmta M, CA 9131 3 24 02 • w natioml a ory Pm . No. 5507 RwNar. Cell Tbfl.F a 1d011A] &eB2] 0 ACKNOWLEDGMENT BY SURETY STATE OF New Jersey ss County of Middlesex ))) On this 23 day of June 12003 , before me personally appeared Jeannette Porrini known to me to be the Attorney -in -Fact of Greenwich Insurance Company , the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in this certificate first above written. (Seal) WG230 /EP 8/90 f Sara Jennifer Glogower / P Notary Public in the State of New Jer County of Middlesex Commissio x] izes: 3/�iy O6 PRINTED IN USA. . No. G -257 -191 61EENWICH INSURANCE COMP^AY POWER OF ATTORNEY Z,nnfv toll 4Ben lath, ti[ese pxrEurnts: that GREENWICH INSURANCE COMPANY a Delaware corporation (the:" orponforat ") with offices at 70 $eaview Avenue, Stamford, 'Connecticut, 06902 has made ;constitdtedzoo appointed and by Tess presents does make, constitute and appontJOyce E. Duhr; Peter.N: �Forenza, Sara Glogower, Dawn Godfrey A.C. Nfarquis, Jr Robert B. Pitts, Jeannette Perrin! .:� its Imo and lawful Ahurn y(st -in -fact at P75Cataway - -;, .. m the Slate of... New �QfSEy. - .. , . -.and each of them to have full - power td.act without the other or others, is pake, execute -and deliver on its behatt as curet ,orco- su[el'y; bonds and undK acings river for any and all purposes, also to execute and deliver on its behalf as afpresaid renewals, 'extensions, agreements, waivers, consents or sdpulahonsrdahhg7to ,ft bonds or undenakmgs provided. I owever, that no sngle bond or undertaking so made, execmedand delivered shah. ploughs the Corporation fo,(any portion of the penal sum moment in excess of the sum of 5,000,000 FiveMlllfon e:. : Dollar (i... _...... _... 1 ._., ... _. _. Such 000tlS and.undertakings for said purposes, when duly executed by said atidrnzylsi m -tact, shah be bidding upon the Corporation as fully and to the same extent as d s fined by the President o; the Corporation under its orpdrate`cal- attested by itsiorrorale Secretary: ., #hdr%p mtmentas made under arfd`byauthority of certain resolutions adopted by the Board dl Directors of the = Corporation at a meeting duly called and held on the 20th day of December, 2062, a copy of which] appearsbeldw, dndehthe headhiff e'r:titied "Certificate'. This Power of Attorney is abcond aandr�ealed by facsimile under and by authority of.the folldwmeresolutlon adopted by the Brob bf Dractors of the Corporation by Unanimous Written Consent on Septzmber t8,j99Tantl'sard "resoWt(onlias not since been rzvdked amended or repeated: ,. y RESOLVED the in granting powers of attorney pu5uaal to'eenern resolutions adopted by the Board of Direr }ors of the Corporatiap at a a eeting duly called add held an Mamirll,. - - 1996 ;Yhesignaluce -0linch directors and otlicors and theseal of the``corporation may be affixed to any such power -of.attoeboy-or any certificate relating thered be andauy such power of attorney or certificate bearing such facsimile signature or seat shelf be. valid and binding upon the Corporation in the future with respect to any band or undertaking to _ _- which it is auached' - This Power of Attorney staff expire and all authority hereunder shall terminate without notice a midnight (Standard Time where said anomey(si io- tarns authorized to act). - -- .25 April - -Iff ffESS WHEREOF, the Corporation has caused then presen?s'le'bs duly signed and its corporate seal tone hereuntoaf6xr id attested this ........ day of - - - - 20........, at Stamford. Connecticut.- (Corporate Seal) -. GF3E NWIGHINSURANCECOMPANY` �iiio y, ree r ent S�L�F2ya K. K,�slsta t':V enH.: STATE OF CONNECTlcu7 ss. Greeriffich COUNTY Y OF FAIREIELD - - - F :35 April 03' Mary A. Roddy On the :. day of .- ,•:: ..... .20:. -... before me Personally came ... ........ . .......... :._ - - '., ......... ........ ..... -' ..: to m -known avho being by me duly sworn did depose and say that {s)he resides in l+lflrw.al k,.CT .... .... that(syhe is .... -VICe. reSldegt, ,, ..... of GREENWICH INSURANCE - COMPANY, the corporation described in andrNhichr execurod the above mstmnenL that (s)he knows the seal of said corporation that the seat affixed to said instrument is such corporate seal; that it was so affixed - - by order.ot the Boam ot- Direcior�of aaidt cor{mm6on and that a)he signed- Ns(her) name thereto by like order. - s 6 Public ,cam a$ u anne M. S0f1 Nota �P Greenwich CERTIFICATE My ommission pines 12/31/04 STATE OF CONNECT[CUT ss'. - - - - COUNTYOFFAIRFIELO It. Karpen M. Manente `w .,,_ _ N ,.:..,,,. ... the...... Assistant Secretary of GREENWICHINSURANCE COMPANY, a Delaware corporation. ( the "corporation'), hereby par dy - 1. That the original power of attorpey of which the foregoing is a copy was doly executed on behalf of the Corporation and has not since been revoked, amended or modified; that the undersigned has compared the foregoing copy therethmith the original power of attorney, and thar the same is aarue.andcorrect copy of the Original power otdtforneyand of the whole thereon, y 2. The hollowing aretesoluuons which were adopted by the Board of Directors Of the Corporation by unanimou- s written consent on December 20, 2002 and said resolutions have not since been revoked, RESQCVEFi,.ihat ea h o(tneypb- als named below is autlmnzeo TO -make, execute, seal and deliver for and on behalf of the Corporation any and all bonds. undertakings or obheaiions in surety dr co- sueetywith Orders.- *. r Lama A Shiinatom - �. Sheila M. Kelly Mary A. Romig ., Shona K, Kieffer Lynn M. Peril Sharon L Sims and - RESDLUED,`Fk1RTHER thataeh of the intlrvidualp flamed above is authorized to appoint attorneys- in- fact for the purpo$h of makidg,cxecuting, sealing and delivering bands undertakings or obirgztions in surety o" ca sures4 m -and an behalf of the Corporation" 3 The drtlersignedYuriha renAies ti 4he:above resolutions are are one correct copies of the resolutions as so recorded and of me whole, ereof IN WITNESS WHEREOF, I have hereunto set my hand aredaffrxed the corporate seal this . .... day, of ., ..... , .. ( Corporate Seal) Karen X11. Mandate The Document rsprmted on�fdred6aruktlailety paper, Any reproductions are void Ta - RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: '03 t40V -6 19:09 City Clerk City of Newport Beach 3300 Newport Boulevardi -' E 6 Newport gBear CA BS^ C � i Recorded in Official Records, County of Orange Tom Daly, Clerk- Recorder IIIIIIIII{ Illiflllllliflflllllllliflll illifl{Ilillflll{IIIIIIIIIIIINO FEE 2003001320748 08:16am 10128103 213 109 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 xempt om recor in ees pursuant to Government Code ection 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Sudhakar Company, International of Rialto, California, as Contractor, entered into a Contract on June 24, 2003. Said Contract set forth certain improvements, as follows: Citywide Slurry Seal Program (C -3559) Work on said Contract was completed on September 15. 2003, and was found to be acceptable-on October 14. 2003, by the City. - Council. Title to said property is vested in the Owner, and the Surety for said Contract is Greenwich Insurance Company. K Works Director of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. (� Executed on �../ Q)7n \1 aC a-0 , a�z d J BY Q City Clerk , at Newport Beach, California. a] AS) CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 7 October 14, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Sean Crumby, P.E. 949 -644 -3311 scrumby@city.newport-beach.r-a.us SUBJECT: CITYWIDE SLURRY SEAL PROGRAM — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3559 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On June 24, 2003, the City Council authorized the award of 2002 -2003 Citywide Slurry Program to Sudhakar Company, International. The contract provided for slurry sealing various streets around Fashion Island and various City owned parking areas throughout the City. 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: $238,915.00 Actual amount of bid items constructed: $239,589.90 Total amount of change orders: $3,140.00 Final contract cost: $242,729.90 The increase in the amount of actual bid items constructed over the original bid amount resulted from increases in quantities from parking areas added to the project during construction. One change order in the amount of $3,140.00 provided for mobilization SUBJECT: Citywide Slurry Sea ram - Completion And Acceptance of Contract No�9 October 14, 2003 Page 2 and added expenses for the added parking areas. The final overall construction cost including change orders was 1.6 percent over the original bid amount. Funds for the project were budgeted in the following account: Description Account No. Amount OCCTFP 7281- C6200462 $136,000.00 Street and Parking Lots 7013- C5100019 $74,475.90 Water Enterprise Fund 7502- C5500458 $22,173.00 Water Enterprise Fund 7502- C5500079 $10,081.00 All work was completed on September 15„ 2003, the scheduled completion date. Environmental Review: This 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. This project involves replacing failed areas of pavement and placing a slurry seal to protect the roadway surface. Prepared by: Sean Crum y, P.E. Associate Civil Engirder Submitted by: Stephen a um Public Works Director CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless. CMC October 20, 2003 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completions for: Newport Center Drive and San Nicolas Drive Resurfacing (C- 3561); Citywide Slurry Seal Program (8) and Irvine Avenue from Santiago to University and Jamboree Road from Santa Barbara to Eastbluff/Ford Road 24 -Inch Water Main Replacement (C -3412) Please record the three enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, 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 r ' . • RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk MOO' Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "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 Sudhakar Company, International of Rialto, California, as Contractor, entered into a Contract on June 24, 2003. Said Contract set forth certain improvements, as follows: Citywide Slurry Seal Program (C -3559) Work on said Contract was completed on September 15. 2003, and was found to be acceptable on October 14. 2003, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Greenwich Insurance Company. id Works Director of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on `.J �� \ qc t� �� J at Newport Beach, California. BY j � City Clerk m � `� u x a.. C�4FOR��f I CITY OF NEWPORT BEACH NOTICE INVITING BIDS CITY CLERK Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915 until 10:00 a.m. on the 11t" day of June 2003, at which time such bids shall be opened and read for 2002 -2003 CITYWIDE SLURRY PROGRAM Contract No. 3559 $ 190,000 — Alternate "A $218,000 — Alternate "B" Engineer's Estimate O� PJPS ot` a CO�\5\�e�a�yJ G\N 1W 11 Appro d by C� �° /��JJ Stephen G. Badum Public Works Director Prospective bidders may obtain bid documents at a cost of $10 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Genera/ "A" Contractor License required for this project For further information, call Sean Crum by, Project Designer at(949)644-3311 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2002 -2003 CITYWIDE SLURRY PROGRAM CONTRACT NO. 3559 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 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. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. B. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. Contractor's License No. & Classification 0 1 "1(1 W11 � WJA MV S-1(4-11 Authorized Signature/Title -/- Date 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2002 -2003 CITYWIDE SLURRY PROGRAM CONTRACT NO. 3559 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 Dollars ($ ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of 2002- 2003 CITYWIDE SLURRY PROGRAM, Contract No. 3559 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to duly enter into and execute the Contract Documents and provide the required original insurance documents for the construction of the project within thirty (30) days (not including Saturday, Sunday, and federal holidays) after the date of the mailing of "Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this day of Name of Contractor (Principal) Name of Surety 2003. Authorized Signature/Title Authorized Agent Signature Address of Surety Print Name and Title Telephone (Notary acknowledgment of Principal & Surety must be attached) 5 0 Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we 3udhakar Company International 1450 N. Fitzgerald Ave., Rialto, CA 92376 as Principal, hereinafter called the Principal, and Greenwich Insurance Company 0 (Hem Insert full name and address or legal We of contraelnr) (Here insert full name and address or legal title of Surety) One Exchange Place, Jersey City, NJ 07302 a corporation duly organized under the laws of the State of California as Surety, hereinafter called the Surety, are held and firmly bound unto City of Newport Beach (Hem insertfuil nameand addressor legal 0heof owner) 3300 Newport Blvd., Newport Beach, CA 92663 -3816 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of the Amount Bid - - - - - - - Dollars ($1o% - - - ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for 02/03 Citywide Sluxry Program (Hen insert full name, addmss and description of PmleoU NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect Sig d d sealed this 11 day of June 2003 f Sudhakar Company International (Principal) (Seal) ,5HW F/setenelr— (Tide) Il.e Pre5 1 Greenwich Insurance Company . 9!S (Seal) Jeannette Porrinl. itness) 'M r Dawn M. Godfrey (Title) Attorney -in -Fact PHNW In cooperation with The American IwOlw of Archheeb (AUI M Willis. Willis vouches that the lan9upe In an deeumard conforms exaatiy to Me WV~ wed in AU Document 0, February 1970 Edition. Wcom C� CORPORATE ACKNOWLEDGEMENT State of &4aw I'a, County of On this D—day day of Z-u-n — QMS before me personally came to me known, who, being duly sworn, did depose and say; that he /she resides in &04141a4 al , and that he /she is the VI U pnp51 of then /ITZ'y�� , the corporation described in and which executed the above instrument; that he/she knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that he /she signed his name thereto by like order. IUM L COMM Co m Udon f 1401125 Nobly FuW • Callomia Rhookw CouMV W Coma. Bobo Feb 15, 2007 My commission e r • • - - - - - - - - - - - - - M"WO J AIM fill, ACKNOWLEDGMENT BY SURETY STATE OF New Jersev County of Middlesex ss On this 11 day of June 12003 before me personally appeared Dawn M. Godfrey known to me to be the Attomey -in -Fact of Greenwich Insurance Company , the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in this certificate first above written. (Seal) Sara Jennifer Glogowex Notary Public in the State of New County of Middlesex Comm : 3{X4/06 WC-230/EP 8/90 PRINTED IN USA. *EENWICH INSURANCE COMP No. G -257 -176 POWER OF ATTORNEY �inuCxa att 41jen lily fi(ese 1j[esclitee: that GREENWICH INSURANCE COMPANY, a Delaware corporation (the'CorporatumA1� wit offices at 70 review L(�� enue, Stamford, Connecticut, 06902, nos made, constituted and appointed and by these presents, does make. constitute and appoirdJoyCe E. DUhr, Peter H. orenza, Sara diogower, Dawn Godfrey, A.C. Marquis, Jr., Robert B. Pitts, Jeannette Porrini its true and lawful Arorney(sj -in -tact, mpi.s.catawAY ... . . ... . . ... . . . in the State of .. NeW,lerSey............. and each of them to have full power to act without the other or others, to make, execute and deliver on its behalf, as surety or co- surely; bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such bonds or undedakings provided, however, that no single bond or undertaking so made, executed and delivered shall obligate the Corporation for any portion of the penal sum thereat 1n excess of the sum of Five Million 5,800,000 ......... ............................... ... Dollars) ............. ... ......... ). Such bonds and undertakings for said purposes, when duly executed by said aftorney(s) -in -tact, shall be binding upon the Corporation as fully and to the same extent as it signed by the President of the Corporation under is corporate seat attested by its Corporate Secretary. This appointment is made under and by authority of contain resolutions adopted by the Board of Directors of the Corporation at a meeting duly called and held on the 20th day of December, 2002, soapy of which appears below under the heading entitled'Certificate' . This Power of Adornev is signed and sealed by facsimile under and by authority of the following resolution adopted by the Board of D rectors of the Corporation by Unanimous Writfen Consent on September 18, 1997 and said resolution has not since been revoked amended or repealed: RESOLVED, that in granting powers at attorney pursuant to certain resolutions adopted by the Board of Directors of the Corporation at a meeting duly called and held on March 11, 1996, the signature of such directors and officers and the seal of the Corporation may be affixed to any such power of attorney or any certificate relating thereto by facsimile. and any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Corporation in the future with respect to any bond or undertaking to which it is attached. This Power of Attorney shall expire and all authority hereunder shall terminate without notice at midnight (Standard Time where said aftomey(s) -in -fact is authorized to act). June 30 _ _.__..._..._.,20.04.._.. 25 April IN I&ESS WHEREOF, the Corporation has caused these presents to be duly signed and its corporate seal to be hereunto affixed and attested this ............ day of 20 .......... at Stamford. Connecticut. (Corporate Seal) GREENWICH INSURANCE COMPANY !§�V4ya K :'K ,�Sistaht V i en _By.7�ry4Rc ice r enY STATE OF CONNECTICUT ss: reenwich COUNTY OF FAIRFIELD 25 April 03 Mary A. Roddy On the.......... day of ........................ 20........ before me personally came .. ................ I _ ......... ............................... I .................. ....... ............................... .. ............................... .................... to are known, who being by me duly sworn, did depose and say that S)he resides in ... Norwalk, C.T .. ................ ... ............... that isms is a...............Vice. President ............. of GREENWICH INSURANCE COMPANY. the corporation described in and which executed the above instrument: that (s)he knows The seat of said corporaCrec that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that (ri signed his doer) name thereto by like order. INOtarial Seal) ....... ......... _.. anne M. son Notary Public Greenwich CERTIFICATE My ommissio Aires 12/31/04 STATE OF CONNECTICUT as. COUNTY OF FAIRFIELD Karep M. Mane. me ... ........... I....................... I... the........, Assistant Secretary .. of GREENWICH INSURANCE COMPANY. a Delaware corporation (the 'Corporation' ). hereby certify 1. That the original power of anomey of which the foregoing is a copy was duly executed on behalf of the Corporation and has not since been revoked, amended or modified: that the undersigned has compared the foregoing copy thereof with the original power of attorney, and that the same is a true and correct copy of the aligner power of attorney and of the whole thereat: 2. The following are resolutions which were adopted by the Board cf Directors of the Cajametion by umammous written consent on December 20, 2002 and said resolutions have not since been revoked.. amended or modified: 'RESOLVED, that each of the individuals named below is authorized to make, execute, seat and deliver for and on behalf of the Corporation any and all bonds, undertakings or obligations in surety or Co- Surety With others'. Laura A, Shanahan Sheila M. Kelly Mary A, Roddy Suraya K. Kieffer Lynn M. Pelilli Sharon L. Sims and RESOLVED, FURTHER, that each of the individuals named above is authorized to appoint attorneys -in -fact for the purpose of making, executing, sealing and delivering bonds, undertakings or obligations in surety or co- surety for and on behalf of the Corporation.` 3. The undersigned further certifies that the above resolutions are true and correct copies of the resolularts as so recorded and of the whole thereof. ' L� :, IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this ........................ day of .........7 . `.�. '.'.1�........ I ...... I ......... 20, ............ (Corporate seal) Karen M.Manente This document is piinletl an colored bonded safely paper. Any iepmtledions are rmd. Capital and Surplus: Agents balances 24,598,951 Common capital stock 3,558,100 Funds held by or deposited 36,291,191 with reinsured companies Gross paid in and contributed surplus 68,915,853 Accrued interest and dividends 1,639,482 Unassigned surplus (14,336,045) GREENWICH INSURANCE COMPANY 52,457,170 Total Capital and Surplus STATUTORY STATEMENT OF ADMITTED ASSETS, Total Admitted Assets 344,529,739 LIABILITIES, CAPITAL AND SURPLUS 344,529,739 December 31, 2002 Assets: Liabilities: Bonds 157,740,107 Loss & loss adjustment expenses 49,950,287. Stocks 81,488 Claims payable 10,819,211 Cash and short -term investments 71,721,350 Unearned premiums 10,785,071 Funds held by company 146,808,027 Total Invested Assets 229,542,945 under reinsurance treaties Other liabilities 68,029,235 Total Liabilities 286,391,831 Capital and Surplus: Agents balances 24,598,951 Common capital stock 3,558,100 Funds held by or deposited 36,291,191 with reinsured companies Gross paid in and contributed surplus 68,915,853 Accrued interest and dividends 1,639,482 Unassigned surplus (14,336,045) Other admitted assets 52,457,170 Total Capital and Surplus 58,137,908 Total Admitted Assets 344,529,739 Total Liabilities, Capital and Surplus 344,529,739 I, Paul Terreri, Vice President and Assistant Controller of Greenwich Insurance Company, (the "Corporation") do hereby certify that to the best of my knowledge and belief, the foregoing is a full and We Statutory Statement of Admitted Assets, Liabilities, Capital and Surplus of the Corporation, as of December 31, 2002, prepared in conformity with accounting practices prescribed or permitted by the Insurance Department of the Slate of Delaware. The foregoing statement should not be taken as a complete statement of financial condition of the Corporation. Such a statement is available upon request at the Corporation's principle office located at Seaview House, 70 Seaview Avenue, Stamford, CT 06902 -6040 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of,fh rpor ton at Stamford, Conneglieur President and Assistant C ntroller 0 Bond No. BidI70 RIDER CONTAINING DISCLOSURE NOTICE OF TERRORISM COVERAGE This disclosure notice is required by the Terrorism Risk Insurance Act of 2002. No action is required on your part. This Disclosure Notice is incorporated in and a part of the attached bond You should know that, effective November 26, 2002, any losses caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by the Terrorism Risk Insurance Act of 2002. Under this formula, the United States reimburses 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. The portion of your premium that is attributable to coverage for acts of terrorism is $0.00. IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO CHANGE ON ANY BOND THAT PREMIUM IS CHARGED ANNUALLY. SIGNED AND SEALED this Itch day of June 20 03 SURETY: Greenwich Insurance Company [SEAL] Slgnature: r—� ""�. 1 J Attorney -in Fact Dawn M. Godfrey r-I L-A 0 CHANGE OF STATUTORY HOME OFFICE ADDRESS ENDORSEMENT GREENWICH INSURANCE COMPANY ADMINISTRATIVE OFFICE: STATUTORY HOME OFFICE: This endorsement fors a part of policy number Sudhakar Company International 12:01 A.M. standard time. It is hereby understood and agreed that: SEAVIEW HOUSE 70 SEAVIEW AVENUE STAMFORD, CT 06902 -6040 1201 NORTH MARKET STREET SUITE 501 WILMINGTON, DE 19801 sidi7o issued to and is effective on December 24, 2002 at Greenwich Insurance Company's statutory home office is amended to read: 1201 North Market Street Suite 501 Wilmington, DE 19801 All other terms and conditions remain unchanged. In Witness whereof, the Greenwich Insurance Company has, by its Secretary, executed this Change of Address Endorsement. Secretary 1LW 9101 12 02 Company Profile Company Profile • Page 1 of 2 C' evNN� It1SCe GREENWICH INSURANCE COMPANY 70 SEAVIEW AVENUE STAMFORD, CT 06902 -6040 800 - 688 -1840 Former Names for Company Old Name: HARBOR INSURANCE COMPANY Effective Date: 03 -19 -1991 Agent for Service of Process JERE 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 #: NAIC Group #: California Company ID #: Date authorized in California: License Status: Company Type: State of Domicile: 22322 1285 1312 -8 May 01, 1946 UNLIMITED- NORMAL Property & Casualty DELAWARE Dines 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 gdossga. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE http: / /cdinswww. insurance .ca.gov /pls/wL_co _prof/idb_co_�prof utl.g"_proPp_EID =... 06/11/2003 Company Profile • • Page 2 of 2 LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information t, Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised -May 21, 2003 10:24 AM Copyright C California Department of Insurance Disclaimer http: / /cdinswww. insurance .ca.gov /pls/wu_co_pmf/idb_co_prof utl.get_co _prof?p_EID =... 06/11/2003 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2002 -2003 CITYWIDE SLURRY PROGRAM CONTRACT NO. 3559 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 %ubber-'Zed Cnckfill SA SQ G✓tch �. 5ml...f yam. i iooe— cwl�.�,P i1vfi., �.d9273 )t - P -Sit 4ody- ,,:ile� 6A1 7A R Q 4VA4l / /ooa vtnn5ana+� Spa tw .A- n�4a.... 'A s 29o1 6 D, 73 co %� v..11 .. o.�� k y Aar"t C'. L4-./,;c � n�L S bS6Fs..6...r bvb �) COU,!.4 c,4 9/ 72.3 /O 6:tz- 967 S 750 l/,/ =011 Authorized Signature/Title CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2002 -2003 CITYWIDE SLURRY PROGRAM CONTRACT NO. 3559 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. 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 rL° Main to rota & w, Project Description Approximate Construction Dates: From ? -o Cyf To: 9 --")-QQ I Agency Name Contact Person An n J QAA fr" Telephone (900 ,6 Original Contract Amount $ Final Contract Amount $ q 8a, 1 33. /g2 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. • Project X17 r � �i`I' �� Project Name /Number I 1 h LocU1Q.f/1 Project Description �l U,rr l/ SeOU 2:5� 0'2. Approximate Construction Dates: Agency Name Contact Person Original Contract Amount Telephone q# q ?r%-03.3b Contract Amount $ o2 D.0 " g. L?U If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name /Number Project Description Approximate Construction Dates: From S-Da To: Y" &)c2_ _ n n- Agency Name Contact Person Telephone e99) 9(20-a53 Original Contract Amount $ 5 ";U inal Contract Amount $ 753, 390�- O(7 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. U 0 • No.4 Project Name /Number Lei // er `7 Q[7 Project Description Approximate Construction Dates: From Agency Name To: /-09 Contact Person .4i �P g ;/0 /Q, /Q Telephone 0 q S 3.;' - V 61 V Original Contract Amount $final Contract Amount $ 7 009 . D r7 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name /Number Project Description ci Approximate Construction Dates: From C�- &03 To: c� -03 Agency Name Contact Person Telephone R00 '7ae%- :790-1p Original Contract Amount $68SpC}Final Contract Amount $ !O O��V� - r9 c7 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. i • No. 6 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. i. /.. / a _ u IRA I 10 f. Authorized SignatureTtle • 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2002 -2003 CITYWIDE SLURRY PROGRAM CONTRACT NO. 3559 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of River 14 5jeJe FL teQnBr" , being first duly„swom, deposes and says that he or she is vie-y- rre5/deAf- of interest , the party making the foregoing bid; that the bid is not made in the of, r o behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. `' / Bidder i ! Authorized SignatureTtle Sul ed and sw ri o before me this day of a dl le 12003. J 7 � [SEAL] My Commission a\, 11 0 L-W 0 Bidders 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2002 -2003 CITYWIDE SLURRY PROGRAM CONTRACT NO. 3559 DESIGNATION OF SURETIES 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): 12 Bidders Name • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2002 -2003 CITYWIDE SLURRY PROGRAM CONTRACT NO. 3559 Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Current Record Record Record Record Record Year of for for for for for Record 200 2000 41399 1998 1997 Total 20 o200D $� No. of contracts 3a a 29 0155 a 9 3 i go 5 8 Total dollar Amount of Contracts (in Thousands of $ ) q.9 m 11.5eh J 0 m 5M m ti M ell No. of fatalities No. of lost Workday Cases No. of lost workday cases involving permanent transfer to another job or termination of employment I lQ The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 U Legal Business Name of Bidder Business Address: r 39(� Business Tel. No.: - 3 State Contractors License fic and ?5a�D7 iq, 1)&Zl Classification: , 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. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partnersljoint ventures or of fewer than all of the partnersljoint 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 partnersroint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2002 -2003 CITYWIDE SLURRY PROGRAM CONTRACT NO. 3559 ACKNOWLEDGEMENT OF ADDENDA Bidders name � dpor �1Yl�n The bidder shall signify receipt of all Addenda here, if any: No. 15 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2002 -2003 CITYWIDE SLURRY PROGRAM CONTRACT NO. 3559 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: /11 Name of individual Contractor, Company or Comoratignn: J5u �viYn r I D pan Business Telephone and Fax Number. California State Contractor's License No. and Class: 950?36 % (REQUIRED AT TIME OF AWARD) , L Original Date Issued: '7 g 8' Expiration Date: %' 3 —� 7 List the name and titlelposition of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone 1460 A/.F4 -z ald AV e- Corporation organized under the laws of the State of 16 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: N awe— All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: 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; Alan Briefly summarize the parties' claims and defenses; Have yno'u ever had a contract terminated by the owner /agency? If so, explain. /V (0 Have yoy ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for lab mpliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.) ?Yes / o Are any claims or actions unresolved or outstanding? Yes No 17 • 0 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. 5h A J (Print name of Owner or President of Corporation/Company) Bidder S. _�k Authorized rnaturerritle UI��r�s'64�� -- Title A -11 -03 Date Subscribed and swom to before me this , .. day of 3 1J 1 `C 2003. [SEAL) to 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2002 -2003 CITYWIDE SLURRY PROGRAM CONTRACT NO. 3559 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property- Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 19 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2002 -2003 CITYWIDE SLURRY PROGRAM CONTRACT NO. 3559 CONTRACT THIS AGREEMENT, entered into this _ day of , 2003, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and SUDHAKAR COMPANY, INTERNATIONAL, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: CITYWIDE SLURRY PROGRAM The work necessary for the completion of this contract consists of: (1) distributing construction notices to affected businesses and residents, (2) clearing existing pavement surfaces of debris, soils, and other loose materials, (3) removing existing traffic striping and pavement markings, (4) placing emulsion aggregate slurry seal, (5) installing new traffic striping and pavement markings, and (6) performing other incidental of work necessary to complete the work in place. 3559 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. 3559, 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 fumished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 20 • C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of two hundred twenty -nine thousand, seven hundred fifty and 00/100 Dollars ($229,750.00). 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: Sean Crumby (949) 6443315 CONTRACTOR Sudhakar Company, International 1450 N. Fitzgerald Ave. Rialto, CA 92376 909 - 879 -2933 909 - 879 -2939 (Fax) F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 0 0 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 0 i i 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. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self - insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 23 0 0 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner. for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 9 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. 25 CITY OF NEWPORT BEACH A Municipal Corporation n SUDHAKAR COMPANY, INTERNXTIONAL By: S . 4tu. V. Authorized Signature and Title I, Paul Terren, Vice President and Assistant Controller of Greenwich Insurance Company, (the "Corporation ") do hereby certify that to the best of my knowledge and belief, the foregoing is a full and true Statutory Statement of Admitted Assets, LiaNtities, Capital and Surplus of the Corporation, as of December 31, 2002, prepared in conformity with accounting practices prescribed or permitted by the Insurance Department of the State of Delaware. The foregoing statement should not be taken as a complete statement of financial condition of the Corporation. Such a statement is available upon request at the Corporation's principle office located at Seaview House, 70 Seaview Avenue, Stamford, CT 06902 -6040 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of th rpor- on at Stamford, Conne 'y President and Assistant C ntroller GREENWICH INSURANCE COMPANY STATUTORY STATEMENT OF ADMITTED ASSETS, LIABILITIES, CAPITAL AND SURPLUS December 31, 2002 Assets: Liabilities: Bonds 157,740,107 Loss & loss adjustment expenses 49,950,287 Stocks 81,488 Claims payable 10,819,211 Cash and short-term investments 71,721,350 . Unearned premiums 10,785,071 Funds held by company 146,808,027 Total Invested Assets 229,542,945 under reinsurance treaties Other liabilities 68,029,235 Total Liabilities 286,391,831 Capital and Surplus: Agents balances 24,598,951 Common capital stock 3,558,100 Funds held by or deposited 36,291,191 with reinsured companies Gross paid in and contributed surplus 68,915,853 Accrued interest and dividends 1,639,482 Unassigned surplus (14,336,045) Other admitted assets 52,457,170 Total Capital and Surplus 58,137,908 Total Admitted Assets 344,529,739 Total Liabilities, Capital and Surplus 344,529,739 I, Paul Terren, Vice President and Assistant Controller of Greenwich Insurance Company, (the "Corporation ") do hereby certify that to the best of my knowledge and belief, the foregoing is a full and true Statutory Statement of Admitted Assets, LiaNtities, Capital and Surplus of the Corporation, as of December 31, 2002, prepared in conformity with accounting practices prescribed or permitted by the Insurance Department of the State of Delaware. The foregoing statement should not be taken as a complete statement of financial condition of the Corporation. Such a statement is available upon request at the Corporation's principle office located at Seaview House, 70 Seaview Avenue, Stamford, CT 06902 -6040 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of th rpor- on at Stamford, Conne 'y President and Assistant C ntroller • i Bond No. RIDER CONTAINING DISCLOSURE NOTICE OF TERRORISM COVERAGE This disclosure notice is required by the Terrorism Risk Insurance Act of 2002. No action is required on your part. This Disclosure Notice is incorporated in and a part of the attached bond. You should know that, effective November 26, 2002, any losses caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by the Terrorism Risk Insurance Act of 2002. Under this formula, the United States reimburses 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. The portion of your premium that is attributable to coverage for acts of terrorism is $0000. IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO CHANGE ON ANY BOND THAT PREMIUM. IS CHARGED ANNUALLY. SIGNED AND SEALED this 23 day of 20�. SURETY: n 611 [SEAL] Attorney -in Fact 0 0 CHANGE OF STATUTORY HOME OFFICE ADDRESS ENDORSEMENT GREENWICH INSURANCE COMPANY ADMINISTRATIVE OFFICE: SEAVIEW HOUSE 70 SEAVIEW AVENUE STAMFORD, CT 06902 -6040 STATUTORY HOME OFFICE: 1201 NORTH MARKET STREET SUITE 501 WILMINGTON, DE 19801 This endorsement forms a part of policy number 12:01 A.M. standard time. It is hereby understood and agreed that: issued to and is effective on December 24, 2002 at Greenwich Insurance Company's statutory home office is amended to read: 1201 North Market Street Suite 501 Wilmington, DE 19801 All other terms and conditions remain unchanged. In Witness whereof, the Greenwich Insurance Company has, by its Secretary, executed this Change of Address Endorsement. Secretary MW 91 01 12 02 A.M. Best's Rating for Green Insurance Company • Page 1 of 1 11095 - Greenwich Insurance Company Member of XL Capital Group A.M. Best #: 11095 NAIC #: 22322 View a list of group members or the group's rating Best's Rating A+ (Superior)* pr Financial Size Category !. XV (S2 billion or more) *Ratings as of 062512003 03:09:23 PM E.S.T. Rating Category (Superior): Assigned to companies that have, in our opinion, a superior ability to meet their ongoing obligations to policyholders. Important Notice: Best's Ratings reflect our opinion based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet strength, operating performance and business profile. These ratings are not a warranty of an insurer's current or future ability to meet its contractual obligations. View our entire notice for a complete details. Companies interested in placing a Best's Security Icon on their web site to promote their financial strength may register online. Copyright © 2003 by A.M. Best Company, Inc. ALL RIGHTS RESERVED No part of this information may be distributed in any electronic form or by any means, or stored in a database or retrieval system, without the prior written permission of the A.M. Best Company. Refer to our terms of use for additional details. http: / /www3. ambest .com /ratings/rating.asp ?AMBNum= 11095 &Refnum = 11095 &Site —za.. 06/25/2003 A Ah ACORD CERTIFIC TE OF LIABILITY INSU CE page I of 2 06/20/2003 PRODUCER 877 - 945 -7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis North America, Inc. - Regional Cart Center 26 Century Blvd. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. C=YLEFFECTIVE P. O. Box 305191 Nashville, TN 372305191 :,._'� INSURERS AFFORDING COVERAGE INSURED Budhakar Company 1nts..q6&P 1450 N. Fitzgerald venue Rialto, G 92376 376 INSURERA: St. Paul Fire and Marine Iaautenee ccmp= 24767 -002 INSURERS: The Insurance C n a of the State of Pa. 19429 -001 INSURERC: State Compensation insurance Pond of Cali A9215 -001 11/10/2003 INSURER D: S 1 0 0 0 INSURER E: f 1500,000 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICYNUMBER C=YLEFFECTIVE POLICY RA7ION DATE lelIT6 • GENERALUMBILNY $x- 02900280 11/10/2002 11/10/2003 EACH OCCURRENCE S 1 0 0 0 FIRE DAMAGE IAq IXe Ne f 1500,000 $ COMMERCIAL GENERAL LIABILITY CLAIMSMADE ®OCCUR MEDEXP(MYDmP $ 10,000 X PERSONAL 6 AOV INJURY $ 1,000,000 XCD GENERALAGGREGATE $ 3.QOQ.QQQ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 3.000,000 POLICY $ PE T LOC • AUTOMOBILE $ LIABILITY ANY AUTO x$02900280 11/10/2002 11/10/2003 COMBINED SINGLE LIMB (Ee aocbeni) $ 1,000 ODO � BODILYIWURV (Pw Fe1eDn) S ALLOWNEDAUTOS SCHEDULEDAUTOS BODILYIWURY (Per atcBNe) $ HIREDAUTOS -0W NONNEDAUTOS PROPERTY DAMAGE (Pwamwent) $ $ Hired Autos X Non-Owned Autos GARAGELIABILTTY AUTO ONLY- FAACCIDENT $ OTHERTHAN EAACC $ ANYAUTO S AUTOONLY: AGG 8 EXCESS LIABILITY 41029410 11/10/2002 11/10/2003 EACHOCCVRRENCE f 51000,000 $ OCCUR F—I CWMS MADE AGGREGATE f 5, DOO, 000 S S DEDUCTIBLE f RETENTION S C WORNERSCOMPENSATIONAND EMPLOYERS' UABRRY 044- 21503 -02 10/1/2002 10/1/2003 X I TKYTATIN °�a" E.L.EACHACCIDENT f 1,000,000 A THE PROPRIETOR/ WVK2900844 11/10/2002 11/10/2003 E.L. DISEASE -EA EMPLOYEE S 1 DDO O PARTNERS /EXECUTIVE E.L. DISEASE - POLICY LIMIT $ ARE: INCLUDED OTHER DESCRIPTION OF OPERATIONSILOCAT ION SIVEHICLESIEXCLUSIONS MOM BY ENDORSEMEWISPECLLL PROVISIONS 2002 -2003 Citywide Slurry Program Contract No. 3559 City of Newport Beach Public Works Department is included as additional insured Per the attached endorsement with respect to work performed by the Named Insured. A waiver of subrogation in favor of the additional insured per the attached endorement. CERTIFICATE HOLDER I I ADDITIONAL INSURED: INSURER UTTER: CANCELLATION ACORD 25-8 (7/97) Co11L752979 Tp1L134413 Certi3160853 (/ / ®ACORD CORPORATION 7988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL MZZEIEa=MAR 30 DAYS WRITTEN NOTICE TO THE CERTRICATE HOLDER NAMED TO THE LE xx$mW9fSmi1 City BwwtDO Beach Public Works Department DREPRE6ENTATIV 3300 NsWport Blvd. 3300 Newport Newport Beach, G 92663 ACORD 25-8 (7/97) Co11L752979 Tp1L134413 Certi3160853 (/ / ®ACORD CORPORATION 7988 ADDITIONAL PROTECT�ERSONS ENDORSEMENT — CONTRA iheStPhul GENERAL LIABILITY —1 DING COMPLETED WORK This endorsement changes your Contractors Commercial General Liability Protection How Coveraae Is Chanced There are two changes which are described below. 1. The following is added to the Who is Protected Under This Agreement section. This change adds certain protected persons and limits their protection. Additional protected person. The person or organization named below is an additional protected person as required by a contract or agreement entered into by you. But only for covered injury or damage arising out of: • your work for that person or organization; • your completed work for that person or organization if your contract or agreement requires such coverage; • premises you own, rent, or lease from that person or organization; or • your maintenance, operation, or use of equipment leased from that person or organization. We explain what we mean by your work and your completed work in the Products and completed work total limit section. If the additional protected person is an architect, engineer, or surveyor, we won't cover injury or damage arising out of the performance or failure to perform architect, engineer, or surveyor professional services. Aichdecy engineer,. or surveyor professional sawkes includes: • the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs, or specification; and • supervisory, inspection, or engineering services. 2. The following is added to the Other primary insurance section. This change broadens coverage. Well consider this insurance to be primary tD and non-contributory with the Insurance Issued directly to the additional protected persons listed below fi • your contract specifically requires that we consider this insurance to be primary or primary and noncontributory insurance; or • you request before a loss that we consider this insurance to be primary or primary and non - contributory Insurance. Other Terms All other terns of your policy remain the same. Person Or Organization: The City of Newport Beach and the Newport Beach Public Works Department,their officers,officials,employses and volunteers are Additional Insured ATIMA.only with respect to pork performed by or on behalf of the insured. Name of Insured: Polky Number: ,RR02900280 Effective Date 11 /10/02 Sudhaker Company Iniel ProcemirgDate 6/20/03 G0322 Rev. 12 -97 Printed in U.S.A. I Endorsement ©St. Paul Fire and Marine Insurance Co. 1997 All Rights Reserved Page 1 of 1 ADDITIONAL INSURED ORSEMENT — COMMERCIAL AUTO • The.StPdUi This endorsement changes your Auto Liability Protection. How Coverage is Changed . You . An employee of yours; or The following is added to the Who Is Protected . Anyone who drives a covered auto with your Under This Agreement section of you Auto Liability permission or with the permission of one of Protection. This change broadens coverage. your employees or agents. But this doesn't include the person or organization named The person or organization named below, for whom -below, or one of their employees or agents. you are doing work, is protected. But only for bodily Injury or property damage that results from Other Terms the ownership, maintenance, use, loading or unloading of a covered auto by: All other terns of your policy remain the same. Person or Organization: The City of Newport Beach and the Newport Beach Public Works Department,their officers,officials,employees and taohunteers are Additional Insured ATIMA only with respect to work performed by or on behalf of the insured. Name of Insured Policy Number KK02900280 Effective Date 11/10/02 Sudhakar Company Int'I Processing Date 6 0 / 0 3 40502 Ed.01b0 Printed in U.SA Endorsement @St.Paul Fire and Marine Insurance Co. 1995 All Rights Reserved Page 1 of f • 0 CONTRACTORS RECOVERING DAMAGES FROM A THIRD PARTY ENDORSEMENT This endorsement changes your Commercial General Liability Protection. How Coverage Is Changed The following replaces the Recovering Damages From A Third Party section. Recovering Damages From A Third Party Any protected person under this policy may be able to recover all or part of a loss from someone other than us. Because of this, each protected person must do all that's possible after a loss to preserve any right of recovery available. Th 31Pbul • Next, we will be entitled to any remaining balance, up to the amount paid under this policy to reimburse us fully. , • Then if any amount remains, you or any other protected person are entitled to the excess. However, expenses of recovery proceedings will be divided in the same ratio as the recovery is shared. But if we are not successful in a right of recovery initiated solely at our request, we will be responsible for the recovery expenses. We will work with you or any protected person in the exercise of our right of recovery. If we recover any amount, it will be distributed in the following manner: • You or any protected person will be reimbursed first for the loss not covered by insurance. Other Terms All other terms of your policy remain the same. G0326 Ed. 9.97 Printed in U.S.A. Endorsement CSt.Paul Fire and Marine Insurance Co. 1997 All Rights Reserved Page 1 of 1 Ire will waive our right of recovery against any If we make a payment under this policy that right of person or organization if you are required in a recovery will belong to us. But we will not have this contract with that person or organization to waive right of recovery against any: that right. But we'll do so only for payments we • Parent; make because of covered injury or damage that • Owned or controlled subsidiary; or results from work done by or for you under that • Affiliated company where you have contract. And only if you enter into that contract management control. before the injury or damage happens. We will work with you or any protected person in the exercise of our right of recovery. If we recover any amount, it will be distributed in the following manner: • You or any protected person will be reimbursed first for the loss not covered by insurance. Other Terms All other terms of your policy remain the same. G0326 Ed. 9.97 Printed in U.S.A. Endorsement CSt.Paul Fire and Marine Insurance Co. 1997 All Rights Reserved Page 1 of 1 • • Willis Telephone: [/32) $82 -02D0 FA 223 F= (732) 562.6618 vft wino: w .tvlGlMCM D'nad Une: (732) 562-0200 Eat 223 Direa F= fM 562-8816 January 4, 2002 E^Wt 6ahreUrOYARL.mn Sudhakar Company, Inc. 1450 N. Fitzgerald Ave_ Rialto, CA 92376 RE: Blanket Waiver of Subrogation and Additional Insured Attached is a copy of the policy Waiver of Subrogation as indicated by the asterisk. The insurance company will waive their rights of recovery as required by contract. Also attached is a copy of the policy Blanket Additional Insured Endorsement Additional Insured status is provided for "your work" abd `jour completed work" as required by contract. I direct you to Paragraph entitled "Additional Protected Person ", first two bullet points for policy wording. If you have any further questions or need anything else, please give me a call. Sincerely, �4 &O Joan R. Bahret Commercial Lines Manager Construction Wn" CwubvcBoa sworn d Nw✓ Jamey 242 Old New Bnmawidk Road Pbaemwo. W 6866[ JUN -25 -2003 WED SURANCE Fax �02:52/PMCAL FAX N0. 7149391654 P, 01 CERTIFICATE OF INSURANCE CHECKLIST City of Newp9rt Beach This checklist is comprised of requirements as outlined by the City of Newport Sea&. Date Received: t -3,- -D 3 [ Date Completed: k>,r -0 1j Sent to: Company /Person required to have certificate: GENERAL LIABILITY A. INSURANCE COMPANY: B. AM BEST RATING (A: VII c Received From: 4v 1 C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? as ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? 15M r PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (Yes ❑ No -F ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is ' elu d? yh Sbs I ny Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included); Is it included? ,Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes VNo 1. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: B. AM BEST RATING (A: VII or greater): (T X V C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Yes No LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? ADDITIONAL INSURED WORDING TO INCLUDE (The City its IBC // officers, officials, employees and volunteers : Is it included? VYes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? #1/ CA ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: B. AM BEST RATING (A: VII or greater): C. LIMITS: Statutory WAIVER OF SUBROGATION (To include): Is it included? ❑ Yes KO HAVE ALL ABOVE REQUIREMENTS BEEN MET? 0 Yes )<No 9 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL 2002 -2003 CITYWIDE SLURRY PROGRAM CONTRACT NO, 3559 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. 3559 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ALTERNATIVE "A" CONVENTIONAL SLURRY SEAL ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1A. Lump Sum Mobilization @ ( ar JbA Dollars e� 'Ylr and T� ti +y Ne- fln.. Cents Per Lump Sum 2A. Lump Sum Traffic Control @ IL- Tk a,�.,J Ad" Dollars and Na culs Cents $ Sdoo Per Square Foot 3A. 355,000 S.F. Place Type 1 Slurry Seal @ in Dollars and Q� e_, is f cU Cents $ . Ord $ 2fl Per Square Foot 0 0 PR2of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE ALTERNATIVE "A" CONVENTIONAL SLURRY SEAL 4A. 685,000 S.F. Place Type 2 Slurry Seal @ /lo / Dollars and T,,., cW-ts Cents $ 6__ $ � Per Square Foot 5A. Lump Sum Crack Sealing @ N • �a 7x..,,,. A / "ollars and Cents $ 900 Per Lump Sum 6A. 5,000 S.F. Remove and Reconstruct Asphalt Concrete Pavement @ 6",'K- X 011(a -s Dollars and Si Jl�J CC Cents $ 6/0 $ 0001¢ Per Square Foot 7A. 10,000 S.F. Cold Mill and Overlay 2" AC Pavement CCD oa � dolly, Dollars and et Cents $ . S"o $ S 000 Per Square Foot 8A. Lump Sum Install Traffic Striping and Pavement Markings @1P 4 TWA Tk n ...d,Dollars and ��e R ,r� falls &, ut � nts $ c1 sbu a` Per Lump Sum Total Alternative "A" Price in Written Words of Bid Items 1I through 8 and z.Uo rg. - Cents $ 2DSr„f'ZS— a� Total Price (Figures) N 0 0 PR3of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE ALTERNATIVE "B" RUBBERIZED SLURRY SEAL 1B. Lump Sum Mobilization ii..4.,4 Dollars and <« R. u _tvLs Cents $ )3 Per Lump Sum 213. Lump Sum Traffic Control @ Puc Ay-s- Ay-s-J DJor,eDollars and nd ce,,h Cents $ S�OQ Per Square Foot 3B. 355,000 S.F. Place Type 1 Slurry Seal @ no del /erz Dollars and 0CF cc„4s Cents $ .01 $ 51 /00. Per Square Foot 413. 685,000 S.F. Place Type 2 Rubberized Slurry Seal Dollars and 7dA" �j � A.4c- ACents $ .13r $ Per Square Foot 56. Lump Sum Crack Seal g4oky -Dollars and he c�,ic Cents $ oz mss' Per Lump Sum 66. 5,000 S.F. Remove and Reconstruct Asphalt Concrete Pavement @ Dollars and O po 6tx c� 1 s Cents $ E dd $ Per Square Foot PR6of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE ADDITIVE BID ITEM The following two bid items are ADDITIVE to the overall project, Alternate A bid items 1A through 8A OR Alternate B bid items 1 B through 8B. The City of Newport Beach reserves the exclusive right, in its sole discretion, to award the following additive bid items as contained in this Proposal. The City may reject the bid, waive any informality in the bid, and award in the best interest of the City. 9. 45 EA Adjust Water Valve Box, Frame, and Cover to Grade @ o„e- a..,.d„J nrw-*, Dollars and o� _';,C40 Cents $ %% $ ?75. Per Lump Sum 10. 2 EA Adjust Manhole Frame and Cover to Grade Dollars and _ o J �O� o Y delars n c c.-,Js Cents $ 1q � $ Per Lump Sum F: \USERS\PBMShared \Contracts \FY 02- 03\2002 -2003 CITYWIDE SLURRY PROGRAM C -3559 \PROPOSAL C- 3559.doc j PR4of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE ALTERNATIVE "B" SLURRY SEAL 7B. 10,000 S.F. Cold Mill and Overlay 2" AC Pavement @ er,c Dollars and �B, cG Cents $ • Per Square Foot 8B. Lump Sum Install Traffic Striping and Pavement Markings @ 7r , Dollars and - C'.2zk,, J 0,1L., „.«.tents Per Lump Sum Total Alternative "B" Price in Written Words of Bid Items 1B through 8B / I JO i�..,,j,,A Tc .G 44: l�, %�w 2; . J _.S.�., �s.�ia! �. �� J, /k*llars and ti,) cen4 t Cents $ a.2 7 , is0 �- Total Price (Figures) • PR5of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2002 2003 CITYWIDE SLURRY PROGRAM CONTRACT NO. 3559 Note that the City of Newport Beach reserves the exclusive right, in its sole discretion, to award either Alternative "A" or Alternative "B" as contained in the proposal. The award may not be to the overall low bidder. For example, if Alternative "A" has a low bidder that is slightly higher than a low bidder for Alternative "B ", the City may still award to the slightly higher Alternative "A" low bidder in the best interest of the City and to minimize disruption to the community. The City may reject any or all bids, waive any informality in any bid and make the award in the best interest of the City. Total Alternative "A' Price in Written Words of IBid Items 1Anthrough r8 /A T.,.. 6. �,_ ! -PA- 71 .,ti r � L�,, 1.. J1, A T� � 0,.� 491a< andK a Ord 5 Cents Total Price (Figures) Total Alternative "B" Price in Written Words of Bid Items 1B through 8B 1tio Ajt lej �7�T A•nz Ihd d r, S� . Vl w <� 4 N LI ,L Dollars and -\ v c.L Cents Total Price (Figures) Date 494i F79-2933 99OR99-1939 Bid er's Telephone and Fax Numbers 9501,P9 )91 Q, Nrrz Bidder's License No(s). and Classification(s) ay Sub OrkA(-)2nVa7 . Bidder Bidder's Authorized Si n ture and Titie 1 � 50 1l . Flhgfra,ld Y- ta-Z.0G_ o73?(0 Bidder's Address 0 1 1 1 'r: 2 2 2 2 2 2 2 3 3 3 3 3 3 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS 2002 -2003 CITYWIDE SLURRY PROGRAM CONTRACT NO. 3559 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6-7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 6 -7.4 Working Hours 6 -9 LIQUIDATED DAMAGES 1 1 1 'r: 2 2 2 2 2 2 2 3 3 3 3 3 3 9 LJ SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 4 7 -8 PROJECT SITE MAINTENANCE 4 7 -8.1 Cleanup and Dust Control 4 7 -8.5 Temporary Light, Power and Water 4 7 -8.6 Water Pollution Control 4 7 -10 PUBLIC CONVENIENCE AND SAFETY 4 7 -10.1 Traffic and Access 4 7 -10.2 Storage of Equipment and Materials in Public Streets 5 7 -10.3 Street Closures, Detours, Barricades 5 7 -10.4 Public Safety 6 7- 10.4.1 Safety Orders 6 7 -10.5 "No Parking" Signs 6 7 -10.6 Street Sweeping Signs 6 7 -10.7 Notice to Residents and Temp Parking Permits 6 7 -15 CONTRACTOR LICENSES 6 7 -16 CONTRACTOR'S RECORDSIAS BUILT DRAWINGS 6 SECTION 9 MEASUREMENT AND PAYMENT 7 9 -3 PAYMENT 7 9 -3.1 General 7 9 -3.2 Partial and Final Payment 7 PART 2 - -- CONSTRUCTION MATERIALS 203 -1 PAVING ASPHALT 10 203 -1.3 Test Reports and Certification 10 203 -5 EMULSION - AGGREGATE SLURRY 10 203 -51 Materials 10 203 -5.3 Composition and Grading 10 214 PAVEMENT MARKERS 11 214-4 NONREFLECTIVE MARKERS 11 214-5 REFLECTIVE MARKERS 11 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 11 300 -1 CLEARING AND GRUBBING 11 300 -1.3 Removal and Disposal of Materials 11 300 -1.3.1 General 11 PART 6 SECTION 600 MODIFIED ASPHALT, PAVEMENT AND PROCESSES 14 SECTION 302 ROADWAY SURFACING 11 302 -4 EMULSION - AGGREGATE SLURRY 11 302 -4.3 Application 11 302 -4.3.1 General 11 302 -4.3.2 Spreading 12 302 -4.3.4 Application Testing 12 302 -5 ASPHALT CONCRETE PAVEMENT 12 302 -5.1 General 12 302 -5.4 Tack Coat 12 SECTION 310 PAINTING 13 310 -5 PAINTING VARIOUS SURFACES 13 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb 16 600 -3.3 Markings 13 310 -5.6.6 Preparation of Existing Surfaces 13 310 -5.6.7 Layout, Alignment and Spotting 13 310 -5.6.8 Application of Paint 13 .SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 14 312 -1 PLACEMENT 14 PART 6 SECTION 600 MODIFIED ASPHALT, PAVEMENT AND PROCESSES 14 600 -3 RUBBERIZED EMULSION —AGGREGATE SLURRY 14 600 -11 General 14 600 -3.2 Materials 14 600 -3.2.1 Rubberized Polymer Modified Emulsions 14 600 -3.2.2 Polymer Modifier 14 600 -3.2.3 Crumb Rubber 14 600 -3.2.4 Quality Requirements 15 600 -3.2.4 Tables A, B and C 15 600 -3.2.5 Aggregate 15 600 -3.2.6 Water 16 600 -3.2.7 Additives 16 600 -3.2.8 Mix Design Submittal 16 600 -3.3 Slurry Mixing and Spreading Equipment 16 600 -3.3.1 Field Mixing and Spreading Equipment Calibration 17 600 -3.4 Application of REAS 17 600 -3.4 Table A 17 600 -3.5 Field Sampling 17 600 -3.6 Public Convenience and Traffic Control 17 t • SP 1 OF 17 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS 2002 -2003 CITYWIDE SLURRY PROGRAM CONTRACT NO. 3559 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- 5820 -L); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1994 edition), including Supplements; (4) Standard Specifications for Public Works Construction (1997 edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART GENERAL PROVISIONS SECTION 2 -- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE. Add to this section: "The work necessary for the completion of this contract consists of: (1) distributing construction notices to affected businesses and residents, (2) clearing existing pavement surfaces of debris, soils, and other loose materials, (3) removing existing traffic striping, pavement markings, and raised pavement markers, (4) placing emulsion aggregate slung seal, (5) installing new traffic striping, pavement markings, and raised pavement markers, and (6) performing other incidental items of work necessary to complete the work in place. 2 -9 SURVEYING 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and protect them during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall have the affected survey monuments restored per records, at his expense. The Contractor's Engineer or Licensed Surveyor shall also file the required Corner Records with the County of Orange upon monument restoration. 0 0 SP2OF17 SECTION 3--- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. This Section only applies to work in excess of the estimated quantities shown in the Proposal." SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. 0 SP3OF17 SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed." No work shall begin until a "Notice to Proceed" has been issued, a pre - construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within thirty (30) consecutive working days after the date on the Notice to Proceed. " It will be the Contractor's responsibility to ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1st, the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday in November (Thanksgiving), and December 25th (Christmas). 6 -7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 3:30 P.M. Monday through Friday. Should the Contractor elect to work outside normal working hours, he must first obtain special permission from the Engineer. The request may be for 4:30 P.M. to 6:30 P.M. on weekdays or 8:00 A.M. to 6 P.M. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for - ! • SP 4 OF 17 supplemental inspection costs of $55.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -8 PROJECT SITE MAINTENANCE 7 -8.1 Cleanup and Dust Control. Add to this section: "All slurried pavement shall be cleaned and reopened to vehicular parking and traffic at the end of each day." 7 -8.5 Temporary Light, Power and Water. Add to this section, "If the contractor elects to use the City's water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter with 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." Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc. 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 -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." SP5OF17 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor. shall restore the laydown area to its pre - construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor will be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. All traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), 2001 Edition. The Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. The traffic control and detour plans must meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and /or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection days, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the city's Refuse Superintendent, Mr. William Russo, at (949) 718 -3468 and all property owners." 5. The contractor shall maintain a minimum of one travel lane in each direction at all times. Access to businesses and driveways must be maintained at all times. All travel lanes shall be opened during non - working hours. 6. All work done in conjunction with slung sealing the Central Library shall be scheduled and performed only on Fridays. The Central Library shall be done one half of the lot at a time on consecutive Fridays. The lot shall be slurried Friday morning, and the first layer of striping applied Friday afternoon. The second layer of striping shall follow on the Friday one week after the second half of the lot has been slurried. 7 -10.4 Public Safety 0 SP6OF17 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall furnish, install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Parking Control Division at (949) 644 -3717, for verification of posting at least forty-eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be similar in design and color to sign R -38 of the CalTrans Uniform Sign Chart. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Businesses. 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's "A" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A 0 9 SP 7 OF 17 separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and submitted to the Engineer at the time each progress bill is submitted. Upon completion of the project, the Contractor shall provide "As- Built' corrections upon a copy of the Plans. The "As- Built' correction plans shall be submitted to the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: 'The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: ALTERNATIVE "A" Item No. 1A Mobilization: Work under this item shall include providing bonds, insurance and financing, preparation of the SWPPP, preparation of the construction schedule, and all other related work as required by the Contract Documents. Item No. 2A Traffic Control: Work under this item shall include the delivery of all required notifications and temporary parking permits, posting of signs and all costs incurred in notifying the businesses. In addition this item shall include providing the traffic control required by the project including, but not limited to, preparation of traffic control plans prepared and signed by a California licensed traffic engineer, signs, cones, barricades, flashing arrow sign, temporary striping, flagpersons, and shall include furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, 2001 edition, and City of Newport Beach Requirements. Item No. 3A Place Type I Slurry Seal: Work under this item shall include full compensation for all labor, materials, tools, equipment, and incidentals for, but not limited to prepare the roadway surface, remove existing traffic striping, and pavement markings, protect raised pavement markers, place application test, provide slurry test report, place slurry, and all other work items as required to complete the work in place. • • SP8OF17 Item No. 4A Place Type II Slurry Seal: Work under this item shall include full compensation for all labor, materials, tools, equipment, and incidentals for, but not limited to prepare the roadway surface, remove existing traffic striping and pavement markings, protect raised pavement markers, place application test, provide slurry test report, place slurry, and all other work items as required to complete the work in place. Item No. 5A Crack Seal: Work under this item shall include full compensation for all labor, materials, tools, equipment, and incidentals for, but not limited to pavement clearing and cleaning, routing out the cracks, applying a soil sterileant/weed killer solution, crack sealing the existing roadway with a hot - applied crack sealant and all other work items as required to seal all cracks within the project limits greater than 3/8 ". Item No. 6A Remove Asphalt Concrete Pavement and Construct 6" AC over 8" CMB Pavement: Work under this item shall include all labor, materials, tools, equipment, and incidentals for, but not limited to sawcutting, pavement and base / subgrade excavation and disposal, subgrade compaction, crushed miscellaneous base placement and compaction, tack coat, asphalt concrete placement and compaction and all other work items as required to complete the work in place. Construction areas shall be located and marked in the field by the City. Item No. 7A Cold Mill and Overlay 2" AC Pavement: Work under this item shall include full compensation for all labor, materials, tools, equipment, and incidentals for cold milling 2" of existing AC pavement, disposal of grinded material, pavement clearing, tack coat, placing 2" AC overlay, compaction and all other items as required to complete the work in place. Construction areas shall be located and marked in the field by the City. Item No. 8A Install Traffic Striping and Pavement Markings: Work under this item shall include full compensation for all labor, materials, tools, equipment, and incidentals for removal of existing striping, installing traffic striping and pavement markings, and protecting raised pavement markers as required by the plans. Parking area striping shall be replaced to match existing and a striping plan shall be submitted to the City for approval. New raised pavement markers must be placed if the existing raised pavement markers are missing or damaged and is included in this bid item. ALTERNATIVE "B" Item No. 1 B Mobilization: Work under this item shall include providing bonds, insurance and financing, preparation of the SWPPP, preparation of the construction schedule, and all other related work as required by the Contract Documents. Item No. 2B Traffic Control: Work under this item shall include the delivery of all required notifications and temporary parking permits, posting of signs and all costs incurred in notifying the businesses. In addition this item shall include providing the traffic control required by the project including, but not limited to, preparation of traffic control plans prepared and signed by a California licensed traffic engineer, signs, cones, barricades, flashing arrow sign, temporary striping, flagpersons, and shall i • SP9OF17 include furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, 2001 edition, and City of Newport Beach Requirements. Item No. 3B Place Type I Slurry Seal: Work under this item shall include full compensation for all labor, materials, tools, equipment, and incidentals for, but not limited to prepare the roadway surface, remove existing traffic striping and pavement markings, protect raised pavement markers, place application test, provide rubberized slurry test report, place rubberized slurry, and all other work items as required to complete the work in place. Item No. 4B Place Type II Slurry Seal: Work under this item shall include full compensation for all labor, materials, tools, equipment, and incidentals for, but not limited to prepare the roadway surface, remove existing traffic striping and pavement markings, protect raised pavement markers, place application test, provide rubberized slurry test report, place rubberized slurry, and all other work items as required to complete the work in place. Item No. 5B Crack Seal: Work under this item shall include full compensation for all labor, materials, tools, equipment, and incidentals for, but not limited to pavement clearing and cleaning, routing out the cracks, applying a soil sterileant/weed killer solution, crack sealing the existing roadway with a hot - applied crack sealant and all other work items as required to seal all cracks within the project limits greater than 3/8 ". Item No. 6B Remove Asphalt Concrete Pavement and Construct 6" AC over 8" CMB Pavement: Work under this item shall include all labor, materials, tools, equipment, and incidentals for, but not limited to sawcutting, pavement and base /subgrade excavation and disposal, subgrade compaction, crushed miscellaneous base placement and compaction, tack coat, asphalt concrete placement and compaction and all other work items as required to complete the work in place. Construction areas shall be located and marked in the field by the City. Item No. 7B Cold Mill and Overlay 2" AC Pavement: Work under this item shall include full compensation for all labor, materials, tools, equipment, and incidentals for cold milling 2" of existing AC pavement, disposal of grinded material, pavement clearing, tack coat, placing 2" AC overlay, compaction and all other items as required to complete the work in place. Construction areas shall be located and marked in the field by the City. Item No. 8B Install Traffic Striping and Pavement Markings: Work under this item shall include full compensation for all labor, materials, tools, equipment, and incidentals for removal of existing striping, installing traffic striping and pavement markings, and protecting raised pavement markers as required by the plans. Parking area striping shall be replaced to match existing and a striping plan shall be submitted to the City for approval. New raised pavement markers must be placed if the existing raised pavement markers are missing or damaged and is included in this bid item. • SP 10 OF 17 ADDITIVE BID ITEMS: Item No. 9 Adjust Water Valve Box, Frame, and Cover to Grade: Work under this item shall include all labor, tools, equipment, and material costs to remove and replace all water valve frames and covers to grade in accordance with the City of Newport Beach STD - 508 -L, and all other work items as required to complete the work in place. Item No. 10 Adjust/Reconstruct manhole to Grade: Work under this item shall include all shall include all labor, tools, equipment, and material costs to remove and replace Manhole Frame and Cover to Grade per City of Newport Beach STD- 111 -L, 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 203 -1 PAVING ASPHALT 203 -1.3 Test Reports and Certification. Replace this section with the following, "At least five (5) working days prior to the start of slurry application, the contractor shall deliver to the Engineer sufficient samples of the latex -added emulsified asphalt and the aggregates proposed to be used on this project to the City designated testing laboratory for mix evaluation." 203 -5 EMULSION - AGGREGATE SLURRY 203 -5.2 Materials. Replace 1) with the following: "Emulsified Asphalt shall be of a quick set type. It shall be cationic unless otherwise specified and shall conform to the requirements of CQS -1 h of 203 -1.3 (Test Reports and Certification), 203 -3.2, and to the following specifications when tested according to appropriate ASTM Methods: Minimum Maximum Furol Viscosity at 77degrees F sec. 15 50 Sieve Test 0.10 Residue from distillation. % 60 80 Penetration of Residue at 77 degrees F 40 75 Particle Charge Test Positive Replace in 5), Sand Equivalent in Table 203 -5.2 (B) from a value of 55 to a value of 45. 203 -5.3 Composition and Grading. Replace Residual Asphalt % of Dry Aggregate Weight from a value of 7.5 minimum to 8.5 minimum. • • SP 11 OF 17 SECTION 214 --- PAVEMENT MARKERS 214 -4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non - reflective pavement markers types A and AY shall be ceramic." 214 -5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass- covered reflective faces or be 3M Series 290." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 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. SECTION 302 - -- ROADWAY SURFACING 302-4 EMULSION - AGGREGATE SLURRY 302 -4.3 Application: 302 -4.3.1 General. Add to this section with, 'Type I slurry shall be applied on all residential streets and parking lots at the rate of 9.5 pounds per square yard. Type II slurry shall be applied on all non - residential streets at the rate of 13 pounds per square yard. • SP 12 OF 17 At all intersections where the intersecting street does not receive a slurry seal, slurry seal application shall end along a projection of the edge of gutter (or curb face if no gutter exists) of the intersecting street unless otherwise directed by the Engineer. Each slurry crew shall be composed at a minimum of: • A coordinator (at the project site at all times) • A competent quick -set mixing person • A competent driver • Two squeegee people • And sufficient laborers for any handwork and cleanup" 302 -4.3.2 Spreading. Replace the second sentence of the first paragraph with, 'The maximum speed of the slurry machine shall not exceed 45 meters per minute (150 feet per minute)" Replace the first sentence of the second paragraph with, "The application of slung shall not commence until after 8:00 a.m., and the slurry shall be sufficiently cured for vehicle traffic without tracking or damage to the surface by 3:00 p.m. on the same day. In case of damage done by vehicles and /or pedestrians upon slurry that has not been sufficiently cured by 3:00 p.m., the Contractor shall replace all of the damaged work at his own expense and no additional compensation shall be made by the City to the Contractor." Replace the first sentence of the third paragraph with, "Prior to the slurry application, the Contractor shall clean all work surfaces and remove all loose materials, vegetation, oil, and other foreign material. Additionally, all weeded locations shall be treated by an approved weed - killer before any slurry shall be applied." 302 -4.3.4 Application Testing. Add this section to read, "Upon the Engineer's direction, the Contractor shall slurry seal test sections within the construction limits for each batch of slurry mix. The Contractor shall apply the slurry test sections as directed by the Engineer. No slurry shall be applied until the test slurry sections have been approved the Engineer. The costs of these slurry tests shall be included in the contract price paid for slurry seal and no additional compensation shall be made by the City to the Contractor." 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section: "The asphalt concrete (A.C.) used shall be 111 -C3 -AR -4000. All cracks Y< -inch or greater in width shall be cleaned and sealed with a hot - applied crack sealant approved by the Engineer. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302 -5.4 Tack Coat. Add to this section: "Prior to placing the asphalt concrete patches, a tack coat of Type SS -1h asphaltic emulsion at a rate not to exceed one — tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." • 0 SP 13 OF 17 SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.6 Preparation of Existing Surfaces. Modify and amend this section to read: 'The Contractor shall remove all existing thermoplastic traffic striping and pavement markings prior to application of slurry seal by a method approved by the Engineer." 310 -5.6.7 Layout,. Alignment, and Spotting. Modify and amend this section to read: 'The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 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 or equivalent as approved by the Engineer. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas within roadways 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. The final striping for all painted areas within parking lots shall be an additional coat of the same type as the temporary striping. It shall not be applied until the paving has been in place for at least 15 days. 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. 0 SP 14 OF 17 The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." SECTION 312 - -- PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 Placement. Amend this section with: 1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD - 902 -L. 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry." PART 6 SECTION 600 - -- MODIFIED ASPHALTS, PAVEMENT AND PROCESSES 600 -3 RUBBERIZED EMULSION — AGGREGATE SLURRY 600 -3.1 General. This work shall consist of formulating a mix design, cleaning pavement surfaces, mixing and applying a crumb rubber asphalt slurry -seal surface treatment, and protecting the completed slurry seal until set. All work shall be in accordance with this specification, the dimensions, and details shown on the plans, and as approved by the Engineer. 600 -3.2 Materials. Rubberized Emulsion — Aggregate Slurry (REAS) shall consist of Rubberized Polymer Modified Emulsion (RPME) and aggregate. Materials for REAS shall conform to the following, immediately prior to mixing. 600 -3.2.1 Rubberized Polymer Modified Emulsions. The RPME shall be a slow -set or a quick -set type of emulsion as determined by the Engineer. RPME shall contain asphalt, crumb rubber, and polymer modifiers. 600 -3.2.2 Polymer Modifier. Polymer modifier shall be latex which is added at a minimum of 2 percent by weight of RPME. 600 -3.2.3 Crumb Rubber. The material shall be granulated scrap tire rubber free from fabric, wires, and other contaminants. Rubber shall be dry and free flowing. Calcium carbonate or talc may be added to a maximum of 4 percent by a weight of rubber to prevent rubber particles from sticking together. The rubber shall have a specific gravity between 1.15 and 1.20. One hundred percent of the rubberized material shall pass a 1.18 mm (No. 160) sieve, 95 percent shall pass a 900 µm (No. 20) SP 15 OF 17 sieve, and a maximum of 2 percent shall pass a 75 µm (No. 200) sieve. The RPME shall contain between 66 g/L (0.55 Ibs /gal) and 78g /L (0.65 Ibs /gal) of crumb rubber. 600 -3.2.4 Quality Requirements. Manufactures shall certify that materials meet the following requirements: TABLE 600 -3.2.4 (A) TESTS ON RUBBERIZED POLYMER MODIFIED EMULSION Viscosity 25 degrees C (77 degrees F), Brookfield, Model RVT #6 2,500 min. Spindle @ 10 RPM Centi Oise 20,000 max. Residue by Evaporation % ASTM D2444 50 min. Sieve Test % retained on No. 20 screen ASTM D2444 2.0 max. Aggregate per 1.0 kg /L (8.33 Ibs /gal) min. Weight per Liter (Gallons) Weight Weight 1.05 k L 8.75lbs/ al max. Penetration of Residue, 25 degrees C (77 degrees F), 100 g. 5 sec. Fine Slur ASTM D5 20 min. - 40 max. Percent Residue Soluble in Trichloroethylene ASTM D2042 1 750 min. i. sieve test or onginai emmsion is u.ru max. TABLE 600 -3.2.4 (B) TESTS ON POLYMER MODIFIER Total Solids residue ASTM D1417 1 600/6 min. TABLE 600 -3.2.4 (C) COMPOSITION OF REAS 600 -3.2.5 Aggregate. The aggregate shall consist of sound and durable natural or manufactured sand, crushed stone, or crushed stone or rock dust, or a combination thereof free of deleterious amounts of organic material, mica, and other substances not suitable for the purpose. Smooth textured sand of less than 1.25 percent water absorption, as tested by ASTM C128, shall not exceed 50 percent of the total combined aggregate. Aggregate retained on the 300 µm sieve (No. 50) shall be 100 percent crushed. The combined aggregate shall meet the requirements of Table 203- 5.2(B) prior to any chemical additions. RPME % of Dry Residual RPME % kg of Dry Pounds of Dry Aggregate Type Aggregate of Dry Aggregate Aggregate per Aggregates per Weight Weight Liter of RPME Gallon of RPME Fine Slur 60-80 30-40 1.27-1.70 10.6-14.2 Type I Slurry Aggregate 50-75 25 - 38 1.35-2.00 11.3-17.0 Type II Slurry jAggregate 28-35 1 14-18 1 2.90-3.60 1 24-30 600 -3.2.5 Aggregate. The aggregate shall consist of sound and durable natural or manufactured sand, crushed stone, or crushed stone or rock dust, or a combination thereof free of deleterious amounts of organic material, mica, and other substances not suitable for the purpose. Smooth textured sand of less than 1.25 percent water absorption, as tested by ASTM C128, shall not exceed 50 percent of the total combined aggregate. Aggregate retained on the 300 µm sieve (No. 50) shall be 100 percent crushed. The combined aggregate shall meet the requirements of Table 203- 5.2(B) prior to any chemical additions. SP 16 OF 17 The combined aggregate shall conform to the gradation shown in Table 600 - 3.2.5(A) when tested in accordance with ASTM C136. TABLE 600 -3.2.5 (A) GRADATION OF AGGREGATES Sieve Size % By Weight Passing Sieves Fine Slurry Aggrenate Type 1 Slurry Aggregate Type II Slurry Aggregate 3/4" 100 100 100 No. 4 100 100 90-100 No. 8 95-100 90-100 65-90 No. 16 75-92 65-90 45-70 No. 30 50-75 40-60 30-50 No. 50 35 - 50 25-42 18-36 No. 100 15 -30 15 -30 10 -24 No. 200 10-20 1 10-20 5-15 600 -3.2.6 Water. All water used in making the slurry shall be potable and free from harmful soluble salts. 600 -3.2.7 Additives. Additives up to 1.5 percent of the dry aggregate weight, as approved in the mix design, may be used in the slurry to modify viscosity, setting, and curing characteristics. Field adjustments to additives may be made only if approved by the Engineer. 600 -3.2.8 Mix Design Submittal. Mix designs and calibration shall be per 203 -5.4 and the following. Mix design results shall include any proposed additives. The complete slurry shall have a minimum skid resistance of 40 when tested per California Test No. 342. The Standard Wet Track Abrasion Test (WTAT) template may be modified to a thickness of 3.18 mm (0.125 in.), when using slow -set emulsion. The mix design shall include the weight per liter (weight per gallon) of REAS> 600 -3.3 Slurry Mixing and Spreading Equipment. The REAS shall be mixed either by a continuous flow mixer per 302 -4.2.2 or a central mixing plant. A central mixing plant shall not be used for quick set REAS. If a central mixing plant is used, combining of the RPME and aggregate in the mixing tank shall be in the presence of the Engineer. The tank shall be calibrated in liters and gallons and equipped with load cells and a full sweep agitator capable of producing a homogeneous slurry mix. All storage tanks and delivery vehicles shall be equipped with an agitator. The REAS shall be delivered to the slurry site and spread directly behind the truck with mechanical -type squeegee distributors. All spreading equipment shall contain fog /water systems per 302 - 4.3.2. The mixing tank shall not be used to batch more than one job at a time. Storage tanks for RPME and REAS shall not be used to supply more than one job at a time. 0 SP 17 OF 17 The weight per liter (weight per gallon) of REAS delivered to the spreader box shall be within 0.11 kg /L (0.92 Ibs /gal) of the mix design. 600 -3.3.1 Field Mixing and Spreading Equipment Calibration. Calibration shall conform with 203 -5.4 and the following. Calibration shall be per International Slurry Surfacing Association (ISSA). If the tests do not meet specification requirements, additional tests shall be performed at the Contractor's expense until an acceptable mix is obtained. 600 -3.4 Application of REAS. The application of the REAS shall conform to 302- 4.3.2, except for the following conditions, and RPME application rates specified in Table 600 -3.4 (A). REAS shall not be applied when the atmospheric temperature is less than 10 degrees C (50 degrees F) or when the atmospheric temperature at 7 a.m. is 24 degrees C (75 degrees F) or over, and rising to a forecast high of 39 degrees C (100 degrees F). The total time of the mixing in the slurry machine shall not exceed 5 minutes. TABLE 600 -3.4 (A) RPME APPLICATION RATES AGGREGATE TYPE Application Rate sm /liter of RPME Application Rate sf/gallon) of RPME Fine Slurry Aggregate 0.86 - 0.98 35-40 Type I Slurry Aggregate 0.74 - 0.86 30-35 Type II Slurry Aggregate 0.59 - 0.78 24-32 600 -3.5 Field Sampling. Field Sampling shall conform to 302 -4.3.3 600 -3.6 Public Convenience and Traffic Control. Public convenience and traffic control shall conform to 302 - 4.3.3. F: \USERS \PBW\Shared \Contracts \FY 02- 03\2002 -2003 CITYWIDE SLURRY PROGRAM C- 3559 \SPECS C- 3559.doc a 1 ` :� y{g �. �y �'{ S..i pl..t :a .d'u.:.r.... I� �� .�. p 1 On ea VIt ;R1 W, aX I �v Im Doi "v Is i lost, All M" y W N71/ 71� .10 jwla, p4 Mal; mi 4b' 1i �,,3qi �i r" + i SHEET 6 OF 7 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT FISCAL YEAR 2002 -2003 CITYWIDE SLURRY SEAL PROGAM OASIS PARK vvOVE; ;slow PAL J SAN < kW.g' 46214 Exp. 12 -31 -06 1 -'1V1L OF CAL C -3559 APPROVED + -!o -ol TILITI ENCINEER DATE R.C.E 46214 DATE 1' APRIL 2003 SCALE N.T.S DRAWN R- 5520 -L SC BY THOr." COUNCIL Wry OF CRT BEACH wJ3 I PR 2V F r) C CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT C3�) Agenda Item No. 10 June 24, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Sean Crumby, P.E. 949 -644 -3311 scrumby@city.newport-beach.ca.us SUBJECT: 2002 -2003 CITYWIDE SLURRY PROGRAM — AWARD OF CONTRACT NO. 3559 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3559 to Sudhakar Company, International for the Total Bid Price of $238,915, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $23,000 to cover the cost of unforeseen work. DISCUSSION: At 10:00 A.M on June 11, 2003, the City Clerk opened and read bids for this project. Two options were bid and bidders were eligible to bid either option or both options. The bids received are as follows: OPTION A: CONVENTIONAL SLURRY SEAL BIDDER Low Sudhaker Company, International 2 California Pavement Maintenance 3 American Asphalt, South 4 Pavement Coatings Company 5 Roy Allen Slurry Seal Company 6 Doug Martin Contracting OPTION B: SLURRY SEAL BIDDER Low Sudhakar Company, International 2 California Pavement Maintenance 3 American Asphalt, South 4 Pavement Coatings Company TOTAL BID AMOUNT $214,690.00 $214,960.00 $257,275.00 $267,598.00 $320,204.50 $327,385.00 TOTAL BID AMOUNT $238,915.00 $267,785.00 $284,685.00 $321,443.00 Subject: 2002 -2003 CitymoSlurry Program -Award of Contract No. 35590 June 24, 2003 Page: 2 For Option A the bid amount is 3.8% higher than the Engineers Estimate of $206,750. For Option B the bid amount is 2.0% higher than the Engineers Estimate of $234,150. In discussion with references and City staff, positive performance has been experienced with rubberized slurry. Other agencies that have used rubberized slurry report excellent performance and that it retains its black color for at least twice as long as traditional sluny. The low bidder Sudhakar Company International, possesses a Limited Specialty Classification C -12 contractor's license as required by the project specifications. Sudhakar Company has satisfactorily completed similar slurry seal projects for other public agencies in the past. The areas to receive rubberized slurry seal are shown on the attached project location map and include portions of the Newport Center. The project also includes conventional slurry for the Central Library, Eastbluff Park, Old School and 5"' Avenue Parking lots, in addition to the City's Utilities Yard. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines at the time the project was authorized by the City Council. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. This project involves removing and replacing selected failed areas of pavement and placing a slurry seal to protect the roadway surface. Fundino Availability There are sufficient funds available in the following accounts for the work: Account Description OCCTFP Street & Parking Lots Water Enterprise Fund Water Enterprise Fund Prepared by: Sean Crumby, P.E. Junior Civil Engineer Attachments: Project Location Map Bid Summary Account Number 728'1 C5100462 7013 C5100019 7502 C5500458 7502 C5500079 Total: Submitted by: Amount $136,000.0( $93,661.00 $22,173.00 $10,081.00. $261,915.00 �i var,!1 , P Stephen G. `. Public Works Director U a W m O CL W z U. 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N FJJ VJNJNNJ OO 8 8 u�N� 4 N F Q O � 6 a E s Q Z 9 N m E W r d H F a 0 V u U Gm ma wo W y W i� d yo o L^ ~ 0 N d m c~ q> dI9 O > e � �- m€ d %UUNNmVN pp 1 d � � d —d d Y= C d N N U f iQ -FQFU LL'N!- W G Q O n T O N m Ol 10 a m 'm E d m Z m W O o Q !L d y 0 t K c W O y d ~ � mm � m t o c� d Q m a N m Ol 10 a i4 -AI)v V -Ilslt 1 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 8 May 27, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Sean Crumby, P.E. 949 -644 -3311 scrumby@city.newport-beach.ca.us SUBJECT: 2002 -2003 CITYWIDE SLURRY PROGRAM — REJECT BID FOR CONTRACT NO. 3559 RECOMMENDATION: Reject the bid received for Contract No. 3559 and authorize staff to re- advertise the project. DISCUSSION: At 10:00 A.M on May 13, 2003, the City Clerk opened and read the following bid for this project: BIDDER Low American Asphalt, South TOTAL BID AMOUNT $228,800 Only one bid was received and it was over 10% higher for bid Alternate "A" (standard slurry) and over 12% for bid Alternate 'B" (rubberized slurry) than the respective engineers estimates. This project provides for slurry sealing 685,000 square feet of roadways and 355,000 square feet of parking areas in various locations throughout the City. Selected failed sections of pavement are to be repaired prior to placement of the slurry seal, all water valves are to be replaced and adjusted to. grade, and new pavement striping will be installed. Although the Request for Bid was appropriately advertised in conformance with City bid procedures, the Construction Information Services referred to by the majority of contractors inadvertently failed to advertise this project. Therefore the subscribing contractors did not know this project was available for bid. Staff recommends rejecting the one bid received and re- advertising the project to obtain competitive bids. Subject: 2002 -2003 Citywolurry Program - Award of Contract No. 35590 May 27, 2003 Page: 2 Environmental Review: This project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines. 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 involves slurry sealing of existing asphalt concrete roadways and parking areas. Funding Availability: Not applicable at this time. Prepared by: "J�X� Sean Crumby, P.E. Junior Engineer Attachments: Project Location Map Submitted by: fry G. Badum Works Director