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HomeMy WebLinkAboutC-3565 - Newport Heights Alley ReplacementCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC December 9, 2004 Nobest, Inc. P. O. Box 874 Westminster, CA 92684 Subject: Newport Heights Alley Replacement (C -3565) To Whom It May Concern: On December 9, 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 February 3, 2004. The Suretv for the contract is Contractors Bonding and Insurance Companv, and the bond number is CE -0086. Enclosed is the Faithful Performance Bond. Sincerely, LaVonne M. Harkless, MMC City Clerk cc: Public Works Department R. Gunther, 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 NEWPORT HEIGHTS ALLEY REPLACEMENT CONTRACT NO. 3565 BOND NO. CE 0086 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 2,751.00 being at the rate of $ 10 00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Nobest, Inc., hereinafter designated as the "Principal ", a contract for construction of NEWPORT HEIGHTS ALLEY REPLACEMENT, Contract No. 3565 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3565 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Cata--cbzrs B � ard uararce MTh' duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of two hundred seventy -five thousand, one hundred fifteen and 00/100 Dollars ($275,115.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. Pei As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 8th day of Jiro ^ ^' LDP,P,m, I,,icDL.6j,;> Nobest, Inc. (Principal) 4 i�r ••; :� i� • .: • Sri r b •ci 111 Pacifica Siite 350 IrAne, CA 92618 Address of Surety 949-341 -9110 Telephone IL-Oa D. Gents, AttGOW in Fart Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 CALIFORNIA ALL -PURF iE ACKNOWLEDGMENT State of California County of Orange On June 8,2003 Cale before me, Ray E. Anderson /Notary Public Name and Tab of Off r (e.g.. -.one Coe. N=q Pjdic i personally appeared Larry Nodland Names) of sg*rfs) [Npersonally known to me – OR –❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /shefthey executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, KAY E. ANDERSON GOMM.#4304678 a > ee N07A.RY RI&!C- C7illFaRrU 9 �i. CHANGE COIA7(Y IfjrQamR Eqr. Jrafe t3.2� executed the instrument. OPTIONAL Though the inform ation below is not required by law, it may prove valuableY 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: Contract Bond Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual [N Corporate Officer Title(s): President Partner — ❑ Limited ❑ General Attomey -in -Fact Trustee Guardian or Conservator ,- C ❑ Other. Signer Is Representing: Top of Numb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner-01 Limited Attomey -in -Fact E. Trustee ❑ General Guardian or Conservator ❑ Other: Signer Is Representing: , .,r Top of thumb here r. �-. c- Stcs:. wwu:. �- c::- a=" ��"'. �w�. Ce- t�<= A: �c: �:: t: c: �: c:' u> tG:<• �(; �=(.' e:: �--::' e4` C. i'. �i.` ef>' C. t;:- �E.' �' e0.' �' �- i'... .`Ew ^Z2,�e��= "`C4`C:^C_F.CCti:: ; 0 1985 Naaonm Notary Acsor o • 3=. Rm Ave.. P.O. 9az 7184 -Cy Park U 91: 718a Pm V . 59 Fa oh GA Td Fres 1 dC . 5K' CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of ORANGE ss. On JUN 0 3 2003 before me, CHRISTINE H. RAPP, NOTARY PUBLIC Data Name and Title of Officer (e.g„ "Jane Doe, Notary Public') personally appeared LINDA D. COATS Name(e) of Signers) •. -.�. . CHRISTINE M. RAPP 2 ` - COMM. #1267169 A NGTARY PUBLIC- CAUFCRNU 9 Lss. ORANGECWNfV j My Comm. Exp. July 9, 2001 f1 Place Notary Seal Above lCX personally known to me G proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he /shelthey executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. OPTIONAL my hand and official seal. Cc Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): , 0 Partner —0 Limited 0 General G Attorney in Fact ❑ Trustee O Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHTTHUMBPRINT OF SIGNER O 1999 National Merry A is atbn • 9350 De Solo Ave.. P.O. Box 2402 • Chatswortq CA 91313.2402 • w ratiowlnotary.org Prod No 5907 Reorder, Call Toll-Free 1- 800.8]6 -6827 L NITITE-D powER'.6FATT0 RINEY Not Valid for. Bondi ]Power of Attarnev 'Executed On orAffer: MAY 31ST, 200a Num 999060 ber: i Obl} an una I tered onLinai oFthis Pm e, L) CA itornev docarnerit is ),iilid. A valid oritni6[of [b is doctimenr is printed on Ira% se;:uriro papez with i,,Iack led ink and bear3 ffic seal) of d, I coilrra�tors'r3orl iro, an nsuratice Olnpal)% j.'Ihe -lie or : I I�Drlal docorrent eoroain j ttalerrnark with flic JeileI5 -ebic" ejat,,edde(l itithe paper rather nim printed aeon it. The wawrlozrk appears in tha,biank space beneath the words "Limired at dl2 top of the docornerit and is visible 1% llen the docunlerll is 1,,elul to tee likzht: I his docu=nt is valid soiely ;it conricctiou -,� idt the e.tunion and deik:ery ol, the ib�olld beano-, dw atallbe:- indicated below; andprok-i&d also tIiaL,Lbe bond ol'Gie type indicated bciow. Tilis doCill)MIL is % ijd oilk if!lle `otid is X"med on orbefore die (Inie indicated abov KNOW ALL MEN PY I THESE PRESENTS, that the Company does hereby make, constitute and appoint the following: DOUGLAS'A. RAPP and LINDA tl- 'coATS its true and lawful Attcrney(s)-in-Fact, with full power and authority hereby conferred in, its name, place and stead, to execute, a .. cknowledge and deliver on behalf of the Company: (1) any and all borlds.and undertakings of.suretyship given for any . purpose, provided, however, that no..sucb person shall be authorized to execute and deliver any bona or undertaking that shall obligate the.Company for any portion of the.penal sum thereof in excess-of $10,000,000: , and provided, ,further, that no Attorney -in -Fact sh'all.haive the authority to issue a bid or proposal bond for any project where, % if a contract is awarded, any bond or undertaking would be reqezjred with penal sum in excess of and (2) consents, releases and. similar; documents required by an obligee under a contract bonded by the Company. This appointment is made, under the authority of the Board of Directors of the Company. ------------------------------------ ------------------------------------ ------------------------------------------- ----------- ---------------- ----------------- 7 ---- 7 --------------------------------- ----------------------------------------------------------------------- ------------------------- ---------------------------------------------------------------------------------- --------------------------------------- % ------------------ --------- ---------------------- --------------------------------------------------------- --------------------------------------------------------------------------------- CERTIFICATE. L the urldensianed secretary of Contractors Banding and frtsurance Company % a Washington corporation, DO, HEREBY CERTIFY that this Power ofA itornev remains in lull force and effect and has not been rce oked. and. futherinore. that the resolutions of the Board of -Directors set forth on the reverse are now if Full force and effect. e Fl g MOM MMMI-11�6- I M- MMMI 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC February 3, 2004 Nobest, Inc. P.O. Box 874 Westminster, CA 92684 Subject: Newport Heights Alley Replacement (C -3565) To Whom It May Concern: On December 9, 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 December 29, 2003, Reference No. 2003001522849. The Surety for the contract is Contractors Bonding and Insurance Company, and the bond number is CE 0086. Enclosed is the Labor & Materials Payment Bond. Sincerely, �J La onne M. arkless, CMC City Clerk cc: Public Works Department R. Gunther, Project Manager encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, Caldomia 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 - www.city.newport- beach.ca.us 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS ALLEY REPLACEMENT CONTRACT NO. 3565 BOND NO, CE 0066 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Nobest, Inc., hereinafter designated as the "Principal," a contract for construction of NEWPORT HEIGHTS ALLEY REPLACEMENT, Contract No. 3565 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3565 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, (2r>tmc Baxh r aryl ms� ¢mparry duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of two hundred seventy -five thousand, one hundred fifteen and 001100 Dollars ($275,115.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 002.1 11 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 8th day of JUM 2003. Nobest, Inc. (Prrin cipal) 111 Pacaaca 9aite 350 Irvine, CA 92618 Address of Surety 949 -341 -9110 Telephone LU1% D. Ctats, At't=gy in pct Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 CALIFORNIA ALL- PURf3ik E ACKNOWLEDGMENT State of California County of Orange On June 8,2003 before me, Kay E. Anderson /Notary Public Dale Name and TEIe of otfe:er (e.g..'Jwe Doe. Notary Pub icy personally appeared Larry Nodland Name(a) of 5'grsr(s) personally known to me–OR –❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and 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), .R KAY E. ANDERSON or the entity upon behalf of which the person(s) acted, COMM #1304678 > executed the instrument. > �_ NDTAR{Pl1BlIC- CALIFOrBAA 9 Q $ OWUx,EWU![Y ►NCammF�.Jwai3,4065 WITNESS my hand and official seal. OPTIONAL' Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Contract Bond Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual N Corporate Officer I Title(s): President Partner —❑ Limited ❑ General Attomey -in -Fact Trustee Guardian or Conservator Other. Signer Is Representing: IIIIINUI&I o- Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner —❑ Limited ❑ Attomey -in -Fact ❑ Trustee ❑ General ❑ Guardian or Conservator ❑ Other: Signer Is Representing: • Top of thumb here O t995 Naeoral Remmar Aw.. P.O. Boa 718 • Canoga Park CA 913 71aa P No. 5907 Pa er. Cau To F,ee 12W ])F 7 0 • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ORANGE ss. County of JJJ JUP4 0 S 2003 CHRISTINE M. RAPP, NOTARY PUBLIC On before me, Date Name and Title of Officer (e.g., "Jane Doe, Notary Public') personally appeared LINDA D. COATS Names) of Signer(a) I w= .CHRISTINE M. RAPP cc COMM. #1267189 > m, NOTARY PUBLIC- CALIFORMU _a L My Comm. Exp. July 9. 20tH 3 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official_seal. Place Notary Seal Atem e v Signature of �ctarynP la OPTIONAL J Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01999 National No121y Association • 9350 De Soto Ave., PO. Box 2402 • Cnatswonq OA 91313 -2402 • w w.nationalmtaryorg Prom No 5907 Reord., Oall Tall -Free 1- 600 -676 -6827 • RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in offic0ecords, County of Orange Tom Daly, Clerk- Recorder Illllllillllllll! Illllilll! IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE 2003001522849 02,28pm 12129103 213 109 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 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 Nobest Inc., of Westminster, California, as Contractor, entered into a Contract on June 10, 2003. Said Contract set forth certain improvements, as follows: Newport Heights Alley Replacement (C -3565) Work on said Contract was completed on November 3. 2003, and was found to be acceptable on December 9. 2003, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Contractors Bonding and Insurance Company. rlic orks Director City,of Newport Beach VERIFICATION certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on 6':J_� at Newport Beach, California. L/"/ December 11. 2003 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC RE: Notice of Completions for: Jamboree Road, Bison to University Street Rehabilitation (C- 3525); Newport Heights Alley Replacement (C- 3565); Bayside Drive Resurfacing (C- 3556); and Buck Gully, Linda Isle and Carnation Pump Station Rehabilitation (C- 3368). Please record the four enclosed documents and return them to the City Cierk'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 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Nobest Inc., of Westminster, California, as Contractor, entered into a Contract on June 10, 2003. Said Contract set forth certain improvements, as follows: Newport Heights Alley Replacement (C -3565) Work on said Contract was completed on November 3, 2003, and was found to be acceptable on December 9. 2003, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Contractors Bonding and Insurance Company. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on BY City Clerk , at Newport Beach, California. C3�) CITY OF NEWPORT BEACH I r CITY COUNCIL STAFF REPORT _. _...a. ,.... . Agenda Item No. 19 December 9, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department R.Gunther, P.E. 949 - 644 -3311 rgunther@city.newport-beach.ca.us SUBJECT: NEWPORT HEIGHTS ALLEY REPLACEMENT— COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3565 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 10, 2003, the City Council authorized the award of the Newport Heights Alley Replacement contract to Nobest Inc. The contract provided for the replacement of existing deteriorated asphalt alleys with new concrete alleys. The work consisted of removing existing deteriorated alleys, alley approaches, curb access ramps, driveway approaches, and existing roadway, and then constructing P.C.C. alley approaches, sidewalk, curb access ramps, driveway approaches, curb and gutter asphalt patch back and concrete patch back. 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: $275,115.00 Actual amount of bid items constructed: $265,766.00 Total amount of change orders: $9,115.70 Final contract cost: $274,881.70 SUBJECT: Newport Heights Allreplacement - Completion And Acceptance of Contr &o. 3565 December 9, 2003 Page 2 The decrease in the amount of actual bid items constructed under the original bid amount resulted from the decreased amount of square footage for removal and construction of alley and curb and gutter. The final overall construction cost including Change Orders was 0.1 percent under the original bid amount. Three Change Orders in the amount of $9,115.70 were provided for pumping concrete into two alleys with bad subgrade and overexcavation of bad subgrade in one alley. 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. The project involved the reconstruction of existing alleys and alley approaches and did not impact any environmental resources. Funding Availability: Funds for the project were expended from the following account: Account Description Account Number Amount Alley Replacement Program 7013- C5100277 $274,881.70 Total: $274,881.70 The original contract completion date was November 3, 2003. All work was completed by that date. Prepared by: Submitted ;Lii'% R.'Gunther, P.E. (--'" Ste' en G. Badum Construction Engineer Public Works Director f:\ users \pbw\ shared \council \fy03- 04\dec -9 \newport heights alley- noc- c- 3565.doc CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT C -3yb5 Agenda Item No. 8 June 10, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUN IL Ew n±Ecicai CRY OF NEWPOR( FROM: Public Works Department Steven Luy, Associate Civil Engineer J [::- 949 -644 -3311 i v o sluy @city.newport- beach.ca.us - SUBJECT: NEWPORT HEIGHTS ALLEY REPLACEMENT — AWARD OF CONTRACT NO. 3565 RECOMMENDATION: 1. Approve the Plans and Specifications. 2. Award Contract No. 3565, Alternate "A" (Construction of alleys in concrete), to Nobest Inc. for the Total Bid Price of $275,115 and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $27,000.00 to cover the cost of unforeseen work. DISCUSSION: This project provides for the replacement of existing deteriorated asphalt alleys with new concrete alleys. The project was bid with two alternatives; the work in each alternate bid consists of removing existing deteriorated alleys, alley approaches, curb access ramps, driveway approaches; grinding existing roadway and constructing P.C.C. alley approaches, sidewalk, curb access ramps, driveway approaches, curb and gutter asphalt patch back and concrete patch back. This project had two alternate bid items. Alternate "A" includes the construction of all alleys in concrete; Alternate "B" includes the reconstruction of those alleys larger than 16 -feet in width in asphalt. SUBJECT: Newport Heights Alley eplacement — Award of Contract No. 3565 • June 10, 2003 Page 2 At 11:00 a.m. on May 22, 2003, the City Clerk opened and read the following bids for this project: TOTAL BID AMOUNT $275,115.00 $308,295.00 $331,782.50 $337,154.00 $341,907.50 $369,950.00 * Corrected Bid Amount $330,950.90 The low total bid amount for Alternate "A" is 31% below the Engineer's Estimate of $400,000.00. ALTERNATE "B" ALTERNATE "A" Low BIDDER Low Nobest Inc. 2 Los Angeles Engineering Inc. 3 Hillcrest Contracting 4 E.B.S. Inc. 5 Kalban Inc. 6 Damon Construction TOTAL BID AMOUNT $275,115.00 $308,295.00 $331,782.50 $337,154.00 $341,907.50 $369,950.00 * Corrected Bid Amount $330,950.90 The low total bid amount for Alternate "A" is 31% below the Engineer's Estimate of $400,000.00. ALTERNATE "B" TOTAL BID AMOUNT $313,715.00 $327,225.00 $334,657.50 $338,732.50 $366,830.00 $378,616.50 * Corrected Bid Amount $338,897.50 The low total bid amount for Alternate "B" is 15% below the Engineer's Estimate of $370,000.00. The low bidder on both alternatives is Nobest Inc., and they possess a General Contractors License Classification "A" as required by the project specifications. Nobest Inc. has satisfactorily completed other projects for the City. In addition, a check of the company's references indicates that the Contractor has satisfactorily completed similar projects for other municipalities. Staff recommends the award of Alternate "A ", the all concrete alternative, since concrete alleys have greater durability, less maintenance requirements, and longer life than conventional asphalt alleys. The Contractor will have sixty consecutive working days to complete the work per the contract requirements. 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 BIDDER Low Nobest Inc. 2 Los Angeles Engineering Inc. 3 Hillcrest Contracting 4 Kalban Inc. 5 Damon Construction 6 E.B.S. Inc. TOTAL BID AMOUNT $313,715.00 $327,225.00 $334,657.50 $338,732.50 $366,830.00 $378,616.50 * Corrected Bid Amount $338,897.50 The low total bid amount for Alternate "B" is 15% below the Engineer's Estimate of $370,000.00. The low bidder on both alternatives is Nobest Inc., and they possess a General Contractors License Classification "A" as required by the project specifications. Nobest Inc. has satisfactorily completed other projects for the City. In addition, a check of the company's references indicates that the Contractor has satisfactorily completed similar projects for other municipalities. Staff recommends the award of Alternate "A ", the all concrete alternative, since concrete alleys have greater durability, less maintenance requirements, and longer life than conventional asphalt alleys. The Contractor will have sixty consecutive working days to complete the work per the contract requirements. 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 SUBJECT: Newport Heights AIIReplacement — Award of Contract No. 3565 • June 10, 2003 Page 3 maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. The project involved the reconstruction of existing alleys and alley approaches and did not impact any environmental resources. Funding Availability: There are sufficient funds available to award Alternate "A" from the following funds: Account Number Account Description Amount 7013- C5100277 Alley Replacement Program $302,115 Prepared by: Stephe uy Associate Civil Engineer Attachment: Project Location Map Bid Summary Submitted bye: Stephen G. 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In LL J LL (n (A J W W W W W f/J J Z O O O ry O N 0 0 Q n O N O N m mI N m O N N m O m m a m m m ri m w ° ri C E Q o V1 Q > d c c: O U ID O c Q Q p d Q u U N m 0 CL m dO00 mmUa0 u m K CL _ L L E t y Q L U d ry t W (7 .O C9 W ~~ 2 U~ U U T~ ~ A O J im iv U Q ip d¢ H iv m 3 �O C7 Q w N N N N N N N. N C d m�° m O p C C C C C C C C[ I Z >p m m 000OU0000 �� SOU c c °c c c c c c °c a c ;> m m 2 c a N m N m tG N m m N N C m > U N m N 2 _ N N N N N m c Q � N x'x N x x xx x x W x N x p N (/1 'x 3[; _� 4 O W W W W W W W W w W m m m m m U m m m m m m m m m 6 m� m 2 m 0 y w a 0 E 0 E 0 E 0 E 0 E 0 E 0 E 0 E 0 E 0 E o E y >> c N c m 2 m �t- �° m SKKSttof m m m m m m S m S m ¢ m S m KQQQQU a a v a m .MM F N m m m Q m N m t0 m n m CJ m O) o m m m m m m m a 0 E Q a m a U m U Q N m m m O m 3 a a` l��yl n� ti ppO I- I ; OJ LOCATION EMAP NOT TO SCAL CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS ALLEY REPLACEMENT P �2 !J4' P q� P' ley 451 �>> DRfVE C -3565 DRAWN o " `' DATE s — 4611 -0 J APPROVED DRAWING NO. EXHIBIT "A" 0 E 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 11:00 a.m. on the 22nd day of May., 2003, at which time such bids shah be opened and read for NEWPORT HEIGHp ALLEY REPLACEMENT Title of Project Contract No. 3565 1400,000.00 Engineer's Estimate ALTERNATE A $ 370,000.00 Engineer's Estimate ALTERNATE B U NO bet�Oiic��Fe �/s ba /i.00� p�Y �G! FORi 0. phen G. Badum is Works Director Prospective bidders may obtain one set of bid documents at a cost of $15 from the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: "A" For further information, call Stephen J. Luy, Project Manager at (949) 644 -3330 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS ALLEY REPLACEMENT CONTRACT NO. 3565 TABLE OF CONTENTS NOTICEINVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND ............................................................................... ..............................5 DESIGNATION OF SUBCONTRACTOR(S) ...................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ......................................................... .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL..13 ACKNOWLEDGEMENT OF ADDENDA ........................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER .............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS., .......................................................................................... SP-1 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS ALLEY REPLACEMENT CONTRACT NO. 3565 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 ADDENDA TO PLANS AND SPECIFICATIONS AS BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ISSUED BY AGENCY PRIOR TO 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 0 0 securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 at seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 35`t CO ZZ Class /�" Contractor's License No. & Classification RiAH.r va tc CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS ALLEY REPLACEMENT CONTRACT NO. 3565 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 ofTlt n pater cf the total arox t of the hdd Dollars ($ 10P6 ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of NEWPORT HEIGHTS ALLEY REPLACEMENT, Contract No. 3565 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 tails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 7th day of tay 2003. r�Y-1 xr rr =X atarl Name of Contractor (Principal) 111 Pacifica th. 350 Irvine, (A 92618 Address of Surety 949 -341 -9110 Telephone -,)t> eq-JT— v Tarr$ D. 0-ats, At� in Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) CALIFORNIA A E ACKNOWLEDGMENT State of California County of Orange On S ZZ- --05 before me, Kay E. Anderson /Notary Public Dale Name a Teb a Otfiwr (e.g.,'Jane OOe, Notary Public-) personally appeared Larry Nodland Name(s) of Sigr"s) CXpersonally known to me – OR –❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, -� KAY E. ANDERSON D executed the instrument. a ' : COMM. #1304878 raturf Weuo•Ca a WITNESS my hand and official seal. $' . ORMIGE OOIINI'Y ( 'C' 6V.Aras192005 fr $gwNre 01 Nolary PVg4 OPTIONA 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(s) Signer's Name: ❑ Individual IN Corporate Officer Title(s): President ❑ Partner-0 Limited ❑ General • Attomey -in -Fact • Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: RIGHrTHUMBPRPrT OF SIGNER Signer's Name: ❑ Individual ❑ ❑ ❑ Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attomey -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHTTHU6IBPRINr OF SIGNER O 1993 NaQww tMay Avmaaa, - 8236 nalm,at Aw., P.O. Box 7184 • Canoga Part. CA 91709-71 84 Pal No. SSW paa .. Cal TosFti 14004754W7 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California J ORANGE } ss. County of On MAY 0'i 2003 before me, CHRISTINE M. RAPP, NOTARY PUBLIC Data Name and Title of Officer (a. g.. "Jane Doe, Notary Public ") personally appeared LINDA D. COATS Names) of signers) personally known to me ❑ proved to me on the basis of satisfactory evidence -•�- CHRISTINE M. RAPPI ¢?� COMM. #1267189 °s Q NOTARY PUBLIC CALIFORNIA a z_ ORANGE COUNTY MY Comm. Ezp. July 9. 200aComm. Ezp. July 9. 2004 to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. W TNESS my hand and official seal. Place Notary Seal Above Signature r Notary Public 1 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: _ ❑ Individual Top of thumb Here ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01999 National Notary Associalion • 9350 00 Soto Ave., P0, Box 2402 • Chan worm, CA 91313 -2402 • vvoo tiorAnblbr, arg Plod No 5907 aeorde, call Toll 11800- 8]6682] Company Profile • Company Profile • Page I of 2 CaNtornf¢� Ins rancaef CONTRACTORS BONDING AND INSURANCE COMPANY P O BOX 9271 SEATTLE, WA 98109 -0271 800 - 765 -2242 Former Names for Company CONTRACTORS BONDING AND INSURANCE Old Name: COMPANY DBA CBIC BONDING AND INSURANCE Effective Date: 12 -31 -1992 COMPANY 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 #: 37206 NAIC Group #: 0000 California Company ID #: 3000 -7 Date authorized in California: May 31, 1985 License Status: UNLIMITED- NORMAL Company Type: Property & Casualty State of Domicile: WASHINGTON Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossa. AUTOMOBILE BURGLARY FIRE LEGAL INSURANCE LIABILITY http: / /cdinswww. insurance. ca.gov /pls /wu_co _prof/idb_co prof utl.get_co _proDp_EID =... 05127/2003 Company Profile • • Page 2 of 2 MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE Company Complaint Information s f Company Enforcement_Actiion Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Fin_d_a Company Representative in My Area Financial Ratina..Or anizatipM Last Revised - May 21, 2003 10:24 AM Copyright © California Department of Insurance Disclaimer http: / /cdinswww. insurance. ca.gov /pls /wu_co _prof /idb_co _prof utl.get_co _prof?p_EID =... 05/27/2003 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS ALLEY REPLACEMENT CONTRACT NO. 3565 DESIGNATION OF SUBCONTRACTORS) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work % of Number Total Bid Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: N o i3eS tom" _Y:_A/G, Bidder v 0 s CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS ALLEY REPLACEMENT CONTRACT NO, 3565 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name /f U 8 ES 1 T/,JCG . 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 �li9Gr� Project Description Approximate Construction Dates: From Agency Name Contact Person T 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. No. 2 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person • To: 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. No. 3 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: 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. M No. 4 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 No. 5 Project Name /Number Project Description Approximate Construction Dates: From To: 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. 9 No. 6 Project Name /Number Project Description Approximate Construction Dates: From To: 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. A 0 8ES I 1-•t/G. Bidder ill] i NOBEST INCORPORATED REFERENCE LIST 1. CITY OF ANAHEIM (MAINTENANCE DEPT.) Project: Concrete Replacement Contact: Craig Allen Phone: (714) 765 -6935 2. COUNTY OF LOS ANGELES DEPT. OF PUBLIC WORKS Project: Curb Ramp Replacement Contact: Ray Green Phone: (626) 458-3122 3. CITY OF HUNTINGTON PARK Project: Street Resurfacing Contact: Pat Fu Phone: (323) 582 -6161 Ext. it 253 4. CITY OF MANHATTAN BEACH Project: Pavement Rehab. Contact: Mike Guerrero Phone: (310) 802 -5355 5. CITY OF GARDEN GROVE Project: Concrete Replacement Contact: Joe Gomez Phone: (714) 741 -5385 $1,052,000.00 $ 342,500.00 S 400,000.00 S 647,700.00 S 222,000.00 0 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS ALLEY REPLACEMENT CONTRACT NO. 3565 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of DR4Al6r ) G^ c 9-7 � being first duly sworn, deposes and says that he or she is Px6S, 662T- of ,Q /o13eaz- -XWC - , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. . BUD 6r S l t1G Bidder Subscribed and sworn to before me this Z 2 day of /-� S� 1 N tary VIS'sion Expires: 11 114 .4.y , 2003 [SEAL) KAY E. ANDERSON COMM. #1304678 NMARf PUBIC• CAUMM M oRM MCOWN O)MY Cwm Ev. Jws 13, 2M I CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS ALLEY REPLACEMENT CONTRACT NO. 3565 DESIGNATION OF SURETIES Bidders name /{%OBEs 7 rlU& . 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): Llh bA 4f-c>A7S SvG,5'7z -! �' ✓�C��C X 44— Y57 - /b6a 4-189 - ! ce"Vr*Ay -r- G�1� EN 12 9y q -- xs 2- C) 9 r] CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS ALLEY REPLACEMENT CONTRACT NO. 3565 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name 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 2002 2001 2000 1999 1998 Total 2003 No. of contracts 2 Z_ I� Total dollar Amount of Contracts (in Z/&'111 b&7// S-,,113 5,'Z 31 L117(.2 5,031 Zq /S y Thousands of $ No. of fatalities O O O O O b (j No. of lost Workday Cases O O O p Z No. of lost workday cases involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 0 0 Legal Business Name of Bidder AJO66S T 1 ,vc. Business Address: a.C>. /y, „t g7y wrstru,K e ?zt�,t� Business Tel. No.: �? 4-i � z - ,5-s- & 3 State Contractor's License No. and z Classification: C 3 S 9 Cn z 2 d /&. "A ” Title The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS ALLEY REPLACEMENT CONTRACT NO. 3565 ACKNOWLEDGEMENT OF ADDENDA Bidders name AJO S C ST 1 .yc. The bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Signature 5-13 _03 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS ALLEY REPLACEMENT CONTRACT NO. 3565 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: A10 a : i ,clC . Business Address: P.O. aox 874-/ CA 9z& & Zj Telephone and Fax Number: 17IN6 S73 -003� California State Contractor's License No. and Class: -y :15110 zz e /a� "A " (REQUIRED AT TIME OF AWARD) Original Date Issued: ` -25 -78 Expiration Date: List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: YO i k e L. Ew 1 S _ Pieo� c c7 Ji AA, :, I k 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 r � Corporation organized under the laws of the State of 04 It-4,- n W The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: "0 AU E- All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: — AJe 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; AJ Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. AJ D Have you ever failed to complete,4 project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage,, falsifying certified payrolls, etc.) ?Yes 16D 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. Iye86Si SYJL. Bidder G 1 +,e A�z /w b Z- /-,U r\ (Print namg of Owner or President of Corporation /Company) Title z /03 Date Subscribed and sworn to before me this 22"x° day of IL/ A 2003. (SEAL] M KAY E. ANDERSON COMM. #1304878 > m NOTARY PUBI.IC•GLLIWINA 9 L �i. ORA►IGE COlM1Y Ay Carton E�..Me 13, 9G06' CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS ALLEY REPLACEMENT CONTRACT NO. 3565 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 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS ALLEY REPLACEMENT THIS AGREEMENT, NEWPORT BEAC- with reference to ti WHEREAS, City h NEWPORT HEIGI Project Descriptior 3565 Contract No. WHEREAS, Conti Contractor's bid, careful examinatic NOW, THEREFO CONTRACT NO. 3565 CONTRACT entered into this day of 2003, by and between the CITY OF lereinafter "Contractor," is made i Tuj��, Abed public work: ie lowest responsible bidder and tract, is based upon Contractor's cifications. 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. 3565, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. at, L 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 seventy -five thousand, one hundred fifteen and 00/100 Dollars ($275,115.00). 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: Stephen J. Luy (949) 644 -3330 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: Nobest, Inc. P.O. Box 874 Westminster, CA 92684 714 - 892 -5583 714- 373 -0039 Fax Contractor, by executing this Contract, "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 E insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1173) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 22 0 4. Other Insurance Provisions 0 The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 23 0 0 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 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 K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: z. �o CITY CLERK 25 CITY OF NEWPORT BEACH AM 0 NOBEST, INC. CALIFORNIA AL State of California ACKNOWLEDGMENT County of Orange On June 8, 2003 before me, Ray E. Anderson /Notary Public Date Name and rate of Oft& (e.g -. Jane Doe, Naa1Y P�IicC ) personally appeared Larry Nodland Name(a) of $i1pe�(a) l3 personally known to me– OR –❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, KAY .ANDERSON executed the instrument. COMM. t�1304878 > > e NOTAINPUBiIC- CJl1fOl0U1 p WITNESS my hand a icial seal. \\ Si. GRAHGECat>►rtv OPTIONAL �7' , hougn 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: Contract Agreement Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual 99 Corporate Officer Title(s): President ❑ Partner — ❑ Limited ❑ General C Attomey -in -Fact ❑ Trustee ❑ Guardian or Conservator 0- Other. Top of 7-77—el- Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): Cl J Partner — ❑ Limited ❑ General Attomey -in -Fact Trustee Guardian or Conservator ❑ Other: Signer Is Representing: PoGHTTHUMBPRUT OF SIGNER 0 1995 Kam No N Asvyaoe - 927M Ry Ave., P,O. Box 7184 • Canoga Pa CA 9170}7184 Pmt No. 5907 Re . C a ToFFn 1 do0.d76 7 ACORDte CERTIFICA OF LIABILITY INSU CE I 06/06/2003 PRODUCER (949)852 -0909 FAX (949)852 -1131 Milestone Insurance Brokers P.O. Box 19598 8 Corporate Park, Ste 130 Irvine, CA 92623 -9598 THIS CERTIFICATE IS MUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Nobest, Inc. P.O. Box 874 Westminster, CA 92684 INSURER A: Navigators Insurance Co. /Amer. E & S INSURER B: Amer Cas Co of Reading PA RER ISU C' N INSURER D: INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DAT M Y POLICY EXPIRATION OAT MM/D Y LIMITS GENERAL LIABILITY L207729 08/03/2002 08/03/2003 EACH OCCURRENCE $ 1,000,00 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) S 5O, 00 CLAIMS MADE � OCCUR MED EXP (Any one person) S 5,00 A PERSONAL & ADV INJURY S 11000,0001 GENERAL AGGREGATE S 29000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS COMP/OP AGG $ 2,000,000 POLICY PRO LOC JECT AUTOMOBILE LIABILITY ANY AUTO 82051587213 08/03/2002 08/03/2003 COMBINED SINGLE LIMIT (Ea accident) $ 1, 000, OO X BODILY INJURY (Per person) $ B ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) S HIRED AUTOS NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC S ANY AUTO S AUTO ONLY: AGG EXCESS LIABILITY XL200982 06/03/2002 08/03/2003 EACH OCCURRENCE $ 1,000,00 OCCUR CLAIMS MADE AGGREGATE $ 1,000,00 A $ $ DEDUCTIBLE $ RETENTION S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TORY LIMITS I I ER E.L. EACH ACCIDENT $ F_.L. DISEASE - EA EMPLOYEE S E.L. DISEASE POLICY LIMIT S OTHER ontrators Equipment B20SIS87163 08/03/2002 08/03/2003 Limit $100,000, Special Form B Leased /Rented Equip. $1,000 Deductible DESCRIPTION OF OPERATIONS (LOCATIONS /VEHICLES/EXCLUSIONS ADDED BY ENOORSEMENTISPECIAL PROVISIONS eneral Liability and Auto: City, its officers, officials, employees, and volunteers are added as %dditiOnal Insured. For the General Liability, Primary /non contributory wording and Waiver of ubrogation apply per the ANF160 (08/99) endorsement attached. roject #1 -2307, Contract #3565. Project Name: Newport Heights Alley Replacement. Ten (10) day notice of cancellation for non payment of premium. CERTIFICATE HOLDER City of Newport Beach Attn: Shari S. Rooks 3300 Newport Boulevard Newport Beach, CA 92663 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL XM MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 1LJtd11JI�C( 14dtdfddkYIXIXXd410EK1 (d0[E4XdWtIN4X91XClMi1(d(i(XX • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) CG 20 10 1185 SCHEDULE Name of Person or Organization: Any person or organization that the named insured is obligated by virtue of a written contract or agreement to provide insurance such as is afforded by this policy and is approved by the Company in writing within 30 days of the inception of the contract or agreement, or the inception of this policy, whichever is later. WHO IS AN INSURED (Section In is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. The following additional provisions apply to any entity that is an insured by the terms of this endorsement: Primary Wording If required by written contract or agreement: Such insurance as is afforded by this policy shall be primary insurance, and any insurance or self - insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the named insured and shall not contribute to it. 2. Waiver of Subrogation If required by written contract or agreement: We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for injury or damage arising out of "your work" done under a contract with that person or organization. Neither the coverages provided by this insurance policy nor the provisions of this endorsement shall apply to any claim arising out of the sole negligence of any additional insured or any of their agents /employees. ANF 160 (08/99) aIFICATE HOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142 -0807 COMPENSATION I N S U R A N C E FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE JUNE 20, 2003 GROUP: POLICY NUMBER: 7693043 -2002 CERTIFICATE ID: 4 CERTIFICATE EXPIRES: 10 -01 -2003 10 -01- 2002/10 -01 -2003 CITY OF NEWPORT BEACH THIS SUPERSEDES AND CORRECTS THE 3300 NEWPORT BOULEVARD CERTIFICATE ISSUED ON 06 -19 -2003 NEWPORT BEACH CA 92663 PROJECT #1 -2307 CONTRACT 43565 NEWPORT HEIGHTS ALLEY REPLACEMENT This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer. We will also give you 10 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions, of such policies. AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 06 -20 -2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH EMPLOYER NOBEST, INC. PO BOX 874 WESTMINSTER CA 92684 SCIF 10262E rEPF -UI: N51 JUN-25-2003 WED 03:39 /PlMr' CAL JRANCE(� FAX N0, 7391654 P. 01 Fax #: CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. / Date Received: te' �'b 3 Dept. /Contact Received From: g4me S Date Completed: Sent to: Sine i Company /Person required to have certificate: 00 k GENERAL LIABILITY A. INSURANCE COMPANY: B. AM BEST RATING (A: VII or greater): Li C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? D. LIMITS (Must be $1M or greater): What is limit provided? E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? F, ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Yes ❑ No Z.Nt;1 W(es ❑ No Ntlyes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included), Is it included? 'WYes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes �(No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: D. C F. AM BEST RATING (A: VII t ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? KYes No LIMITS (Must be $1 M min. BI & PD and $500,000 UM): What is limits provided? ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees arm, volun s); Is it included? ❑ Yes KNo PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): // Is it included? / n 0.❑ 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. G %1, WORKERS' COMPENSATION rz4— A. INSURANCE COMPANY: ,\ B. AM BEST RATING (A: VII or greater): C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it Included? ❑ Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes > No IF NO WHICH ITEMS NEED TO BE COMPLETED? t ; nsd f aroul 1. -i r , .,. Mr n r r, ,.t • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL NEWPORT HEIGHTS ALLEY REPLACEMENT CONTRACT NO. 3565 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: PR1of7 The major difference in the alternate bid proposal relates to the construction of alleys 140, 141, 142, and 143. Alternate "A" includes the construction of these alleys in concrete. Alternate "B" includes the construction of these alleys in asphalt. Council will award to the lowest responsible bidder based on their decision as to which alternate ( "A" or "B ") to fund. 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. 3565 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: ALTERNATE "A" ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1A. Lump Sum Mobilization Dollars and oe--d Cents $ /6,000 Per Lump Sum 2A. Lump Sum Traffic Control @ Dollars and 7a vd Cents $ S, co, '= Per Lump Sum 0 PR2of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 3A. 44,150 S.F. Remove Existing and Construct 6 -Inch Thick P.C.C. Alley @ Mo Dollars and 7�c ro Cents $ �l . $ 1 7 Per Square Foot 4A. 2,710 S.F. Remove Existing and Construct P.C.C. Alley Approach @ Dollars and Zc sv Cents $ S $ 13 5s a. Per Square Foot 5A. 3,020 S.F. Remove Existing and Construct 6 -Inch Thick P.C.C. Strip Gutter @ Dollars and �S, $ Cents $ S O� _ 2c.y ioo Per Square Foot 6A. 950 S.F. Remove Existing and Construct P.C.C. Patch Back @ Fc c C Dollars and 7,c ro Cents $ $ Z(7 a= Per Square Foot 7A. 3,355 S.F. Remove Existing and Construct A.C. Patch Back @ F1 L-e Dollars and Zt ro Cents $ S. $ /(0 7 757 Per Square Foot 8A. 380 L.F. Remove Existing and Construct Type "A" P.C.C. Curb & Gutter @E ti &L+ I c-ct_ti Dollars and 2e <v Cents $ _L- $ Per Linear Foot 0 PR3of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE _ 9A. 220 S.F. Remove Existing and Construct P.C.C. Driveway Approach @ f i �c Dollars oc and 1-W s' ?cdv Cents $ 5_7= Per Square Foot 10A. Lump Sum Remove, Store and Reinstall Traffic Signs Dollars and Cents $ !, pao, Per Lump Sum 11A. 52 Each Remove Existing and Install New Water Meter Frame and Cover to Grade @ Dollars and 2.'6n Cents $ So. $ Z, (vuo. Per Each 12A. 8 Each Adjust Water Valve Cover to Grade @ e.L) /1!v4,d%w./ Dollars and 0c•-O Cents $ /Do. — $ $dd• Per Each 13A. 10 Each Adjust Sewer Cleanout to Grade @ dcc.. A,,tA4J Dollars and / &07;1 Cents $ l U 0. — $ l,vao Per Each 14A. 8 Each Adjust Manhole to Grade @ (wo Ab4s"+g/ Dollars and Zc -rr� Cents $ yoo . $ I c000. Per Each 0 PR4of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 15A, 2 Each Adjust Sewer Main Cleanout to Grade @ jcvo liars and Ze o Cents Per Each 16A. Lump Sum Survey TfErJ T 15 liars and �D Cents Per Lump Sum TOTAL PRICE IN WRITTEN WORDS (Alternate "A ") TJ S ,,,vW1 k�,.Ile,i ux �� rim e il� Dollars and Zcra Cents $ 200 6 Ff-cc v. Pni/io"o $ '-/0v .— $ Total Price (Alternate "A ") 0 0 PR5of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE _ ALTERNATE "B" 1 B. Lump Sum Mobilization @ Tur 7164,.1 yr_ Dollars and 7tiid Cents $ /e,000, Per Lump Sum 26. Lump Sum Traffic Control @ F -77us�� Dollars and 2—, ro Cents $ S Boa. Per Lump Sum 3B. 32,350 S.F. Remove Existing and Construct 6 -Inch Thick P.C.C. Alley @ moo✓ c Dollars and Ze.0 Cents $ �[ — $ ! 21, cry, `= Per Square Foot 4B. 2,710 S.F. Remove Existing and Construct P.C.C. Alley Approach @ 'Et �r Dollars and Ze sJ Cents $ Per Square Foot 5B. 660 Tons Remove Existing and Construct Crushed Miscellaneous Base @ /Vr Dollars and 2e w Cents $ Per Ton 6B. 220 Tons Remove Existing and Construct Asphalt Alley Pavement t_kL1 .(-c1 T"'eDoll rs and el 2c�o Cents Per Ton 0 0 0 PR6of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 7B. 3,020 S.F. Remove Existing and Construct 6 -Inch Thick P.C.C. Strip Gutter @ f i c Dollars and 2-c'-o Cents $ — $ Per Square Foot 8B. 950 S.F. Remove Existing and Construct P.C.C. Patch Back @ Dollars and Z -e�d Cents $ S. $ �6 7So. Per Square Foot 9B. 3,355 S.F. Remove Existing and Construct A.C. Patch Back @ Dollars and _ Zero Cents F Per Square Foot 10B. 380 L.F. Remove Existing and Construct Type "A" P.C.C. Curb & Gutter @_ j2:±_ 4} =+(-"ck-� Dollars and Z era Cents $ /ES - $ Per Linear Foot 11B. 220 S.F. Remove Existing and Construct P.C.C. Driveway Approach @ 2Fce< Dollars and Ze-ro Cents Per Square Foot 12B. Lump Sum Remove, Store and Reinstall Traffic Signs @ w�c %��'>` °`� Dollars and Zc.o Cents Per Lump Sum 0 PR7of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 13B. 52 Each Remove Existing and Install New Water Meter Frame and Cover to Grade @ i Dollars and Zc,�b Cents Per Each 14B. 8 Each Adjust Water Valve Cover to Grade @ f1J-t..c /4 "An/ Dollars and Zc�o Cents Per Each 15B. 10 Each Adjust Sewer Cleanout to Grade @ /' u l-r�&-,G-w/ Dollars and old Cents Per Each 16B. 8 Each Adjust Manhole to Grade @ ;lac v /7/ryz %ky/ Dollars and 7.rlo Cents Per Each $ $ lOG- $ 01 U. $ Z $ 800_ $ s (DoU $ 17B. 2 Each Adjust Sewer Main Cleanout to Grade @ Dollars and ZeAd Cents Per Each 18B. Lump Sum Survey ` IlOdS Doll rs t and 0�_ ✓d Cents Per Lump Sum • 0 PR8of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE TOTAL PRICE IN WRITTEN WORDS (Alternate "B ") 7�l ✓✓�GL� �V'� �TULIi/✓`�� �TTL'Gl'� % «2F� NvwdieA LtteRTEE,u ollars and r rd Cents $ 313, 71S- Total Price (Alternate "B ") Contractor's bid will be judged non - responsive unless both alternates are bid. i.L9 Date I ' <. (7, y) 82z- s'.s &3 Bidder's Telephone and Fax Numbers 0 3 S-q b 2 2- e /wa3 "A ,r Bidder's License No(s). and Classification(s) AIll OREcT -Z,<JC Bidder Bidder s Iivrizdd SigNture and -Title �y. g ?yi( l.(J�:s%,•crrns/z✓ �/� �fLCoFSLI Bidder's Address F:IUSERS\PB=Shared \Contracts\FY 02- 03\NEWPORT HEIGHTS ALLEY REPLACEMENT C- 35651PROPOSAL C- 3565.doc • • Page: 1 of a- CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 NEWPORT HEIGHTS ALLEY REPLACEMENT CONTRACT NO C -3565 DATE: May 13, 2003 TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the contract documents — all other conditions shall remain the same.. A. CONTRACT Add to the end of Item No. 4 on page 3, 'The bidder's bond shall be based on the highest of the alternative bids submitted." B. SPECIAL PROVISIONS 1. Modify Item No. 3A of Section 9 -3.1 General by deleting the reference to "importing base material ". Base material will not be required under the P.C.C. alley.. 2. Delete the first sentence of Section 303 -5.4.1 General. And replace it with `The Contractor shall make a sawcut parallel to the centerline of the alley, 2 feet along each side of centerline, over the entire length of the alley for those alleys 16 feet or less in width only. f9users1pbwlsharedlcontracts\fy 02- 03\newport heights alley replacement c3665addendum #1.doc 9 Page: 2 of-2 3. Add the following: 201 -3 EXPANSION JOINT FILLER AND JOINT SEALANTS. 201 -3.2 Premolded Joint Filler. Replace this section with: Premolded Joint Filler shall be 318 -inch Preformed Expansion Joint Filler (Bituminous) per ASTM D 944. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. No bid will be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Bidder's Name (Please Print) f• \users \pbw\shared\cont - acts \fy 02- 03\newport heights alley replacement a35Waddendum #1 doc 1 1 1 1 FA 2 2 2 2 2 2 2 3 3 3 3 3 4 4 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS NEWPORT HEIGHTS ALLEY REPLACEMENT CONTRACT NO. 3565 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -7 ADJUSTMENTS TO GRADE 5 -8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 6 -7.4 Working Hours 1 1 1 1 FA 2 2 2 2 2 2 2 3 3 3 3 3 4 4 4 4 6 -9 LIQUIDATED DAMAGES 4 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -7 COOPERATION AND COLLATERAL WORK 5 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 5 7 -8.8 Steel Plates 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 5 7 -10.1 Traffic and Access 5 7 -10.2 Storage of Equipment and Materials in Public Streets 5 7 -10.3 Street Closures, Detours, Barricades 6 7 -10.4 Public Safety 6 7- 10.4.1 Safety Orders 6 7 -10.5 "No Parking" Signs 7 7 -10.6 Street Sweeping Signs 7 7 -10.7 Notice to Residents and Temp Parking Permits 7 745 CONTRACTOR LICENSES 7 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 7 SECTION 9 MEASUREMENT AND PAYMENT 8 9 -3 PAYMENT 8 9 -3.1 General 8 9 -3.2 Partial and Final Payment 12 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 13 201 -1 PORTLAND CEMENT CONCRETE 13 201 -1.1.2 Concrete Specified by Class 13 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 13 300 -1 CLEARING AND GRUBBING 13 300 -1.3 Removal and Disposal of Materials 13 300 -1.3.1 General 13 300 -1.3.2 Requirements 13 300 -1.5 Solid Waste Diversion 13 PART 4 SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREARTED BASE MATERIAL 15 400 -2 UNTREATED BASE MATERIAL 15 400 -2.1 General 15 400 -2.1.1 Requirements 15 F: \USERS \PBW\Shared \Contracts \FY 02 -03 \NEWPORT HEIGHTS ALLEY REPLACEMENT C- 3565\SPECS INDEX C- 3565.doc • 0 SECTION 302 ROADWAY SURFACING 14 302 -5 ASPHALT CONCRETE PAVEMENT 14 302 -5.1 General 14 302 -5.4 Tack Coat 14 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 14 302 -6.6 Curing 14 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 14 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 14 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 14 303 -5.1.1 General 14 303 -5.4 Joints 14 303 -5.4.1 General 14 303 -5.5 Finishing 15 303 -5.5.1 General 15 303 -5.5.2 Curb 15 303 -5.5.4 Gutter 15 PART 4 SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREARTED BASE MATERIAL 15 400 -2 UNTREATED BASE MATERIAL 15 400 -2.1 General 15 400 -2.1.1 Requirements 15 F: \USERS \PBW\Shared \Contracts \FY 02 -03 \NEWPORT HEIGHTS ALLEY REPLACEMENT C- 3565\SPECS INDEX C- 3565.doc • SP1OF15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS NEWPORT HEIGHTS ALLEY REPLACEMENT CONTRACT NO. 3565 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. A- 5152 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1994 edition), including Supplements; (4) Standard Specifications for Public Works Construction (1997 edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize /follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The filing of a Corner Record and /or a Record of Survey with the County Surveyor's Office is required after the Work completion. All existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and /or monuments damaged by the Work." 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the • • SP2OF15 Contractor shall have the affected survey monuments restored per records, at his expense. The Contractors Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ..................................... I .... .. 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 E • SP3OF15 in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust to finish grade City - owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. For adjustment of Southern California Edison, The Gas Company, Pacific Bell, cable television, and other utility facilities to the finish grade, the Contractor shall submit to the Engineer a written request specifying facilities to be adjusted. The City will contact each utility company and request the utility company to adjust its facilities per the franchise agreement and asking the utility company to coordinate the adjustments with the City's contractor. The Contractor shall then coordinate with each utility company for the adjustment of these facilities. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing meter or valve box covers. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 -3402. The contractor shall remove and salvage City -owned sewer manhole covers and grade rings and City owned water valve cans and covers, and furnish and install new sewer manhole cover and water valve covers prior to finish grade adjustment. Salvaged material shall be delivered to City Utilities Yard. 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." • • SP4OF15 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within sixty consecutive working days after the date on the Notice to Proceed. " It will be the Contractor's responsibility to ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1 st, the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday in November (Thanksgiving), December 24th (1/2 days for Christmas Eve), December 25th (Christmas) and January 31st (1/2 day for New Years Eve). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 8:00 a.m. to 4:30 P.M. Monday through Friday. Should the Contractor elect to work outside normal working hours, he must first obtain special permission from the Engineer. The request may be for 4:30 P.M. to 6:30 P.M. on weekdays or 8:00 A.M. to 6 P.M. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $60.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $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." 0 • SP5OF15 SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "The Contractor shall provide and install new water meter and valve boxes. All existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 - 3402." 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." 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 or Newport Harbor." 7 -8.8 Steel Plates. The City can provide a limited quantity of steel plates. These plates may be obtained for a rental charge of $15.00 per plate per week or part thereof. In addition the Contractor shall deposit $100 for the use of the City's lifting eye fitting and for the use of trench plates. The Contractor shall obtain plates from and return plates to the City's Utilities Yard at 949 West 16th Street. To determine the number of plates available and to reserve the plates, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (949) 718 -3402. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accord with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre- construction condition. The • SP6OF15 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. The Contractor shall schedule his work in such a fashion that no consecutive or ad'acent block of alleys shall be under construction at any one time in order to minimize the inconvenience to the public. For example: if Alleys 140 and 141 are under construction, then Alleys 142 and 143 cannot be under construction at the same time. However, "Alleys 140, 141, 105 -B, 114 -A , 107 -B and 114 -C could be under construction at the same time. The contractor must complete all alleys under construction before starting on the next group of alleys." 7 -10.4 Public Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. • SP7OF15 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 -3741, for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall be City of Newport Beach "Temporary Tow -Away, No Parking" signs and provided by the Engineer. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.6 Street Sweeping Signs. After posting "NO PARKING - TOW AWAY" signs, the Contractor shall cover street sweeping signs, on those streets adjacent to construction in a manner approved by the Engineer. Immediately after construction is complete and the alley is opened to traffic, the Contractor shall uncover the street sweeping signs. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to the adjacent residents, within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of any construction, the Contractor shall distribute to the adjacent residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. 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 City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the E i SP8OF15 Contractor shall maintain "As- Built' drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and submitted to the Engineer at the time each progress bill is submitted. Upon completion of the project, the Contractor shall provide "As- Built' corrections upon a copy of the Plans. The "As- Built' plans shall be submitted to the Engineer prior to final payment or release of any bonds. All Improve me nt/Construction Plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24- inch by 36 -inch mylar. The plans shall also include a City of Newport Beach Public Works Title Sheet. (A copy of the City of Newport Beach Standard Design Requirements is available from the Public Works Department). 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 for Alternate A: Item No. 1A Mobilization: Work under this item shall include all preparation and scheduling of materials and equipment necessary to complete the work under this contract. Item No. 2A Traffic Control: Work under this item shall include the delivery of all required notifications, posting of signs and all other costs incurred in notifying the residents. In addition this item shall include providing the traffic control required by the project including, but not limited to, preparation of traffic control plans, signs, cones, barricades, flashing arrow sign, K -rail, striping, flag men and all other work necessary to comply with the WATCH manual, latest edition, and City of Newport Beach requirements. Item No. 3A Remove Existing and Construct 6 -Inch Thick P.C.C. Alley: Work under this item shall include removing existing alley, disposing of excess material, importing base material, grading, compaction, adjusting utility frames and covers to • • SP9OF15 grade, construction of the alley with 6 -inch thick P.C.C., joint filler and all other work necessary to construct the alley pavement complete and in place. Item No. 4A Remove Existing and Construct 6 -Inch Thick P.C.C. Alley Approach: Work under this item shall include removing existing alley approach, disposing of excess material, importing base material, grading, compaction, construction of a P.C.C. alley approach, including type "A" P.C.C. curb and gutter and 4 -inch thick crushed aggregate base, and all other work necessary to construct the alley approach complete and in place. Item No. 5A Remove Existing and Construct 6 -Inch Thick P.C.C. Strip Gutter: Work under this item shall include removing existing alley strip gutter, disposing of excess material, importing base material, grading, compaction, construction of a 6- inch thick P.C.C. alley strip gutter and all other work necessary to construct the 6- inch thick P.C.C. alley strip gutter complete and in place. Item No. 6A Remove Existing and Construct P.C.C. Patchback: Work under this item shall include removing existing PCC, disposing of excess material, importing base material, grading, compaction, construction of the improvements adjacent to the alley with P.C.C. and all other work necessary to construct the P.C.C. patchback complete and in place. Item No. 7A Remove Existing and Construct A.C. Patchback: Work under this item shall include removing existing AC, disposing of excess material, importing base material, grading, compaction, construction of the improvements adjacent to the alley with A.C. and all other work necessary to construct the A.C. patchback complete and in place. Item No. 8A Remove Existing and Construct P.C.C. Type "A" Curb and Gutter: Work under this item shall include removing and disposing of excess material, importing base material, disposing of the existing curb and gutter, subgrade compaction, reconstructing curb openings of existing curb drains, constructing P.C.C. curb and gutter, re- chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 9A Remove Existing and Construct P.C.C. Driveway Approach: Work under this item shall include removing existing driveway approach, disposing of excess material, importing base material, grading, compaction, construction of a P.C.C. driveway approach, including type "A" P.C.C. curb and gutter and 4 -inch thick crushed aggregate base, and all other work necessary to construct the driveway approach complete and in place. Item No. 10A Remove, Store and Reinstall Traffic Signs: Work under this item shall include removal, storage (in a manner approved by the Engineer) and reinstallation of traffic signs, and all work necessary to remove, store and reinstall traffic signs complete and in place. 0 SP 10 OF 15 Item No. 11A Remove Existing and Install New Water Meter Frame and Cover to Grade: Remove existing P.C.C. meter box, salvage existing cast iron traffic cover, install new 1 -inch P.C.C. meter box and reinstall existing cast iron traffic cover, per applicable portions of City of Newport Beach Std - 502 -L, including but not limited to, disposal of excess excavated materials, installation of a new P.C.C. meter box, salvage and reuse of existing cast iron traffic cover, adjustment to grade, and all other work necessary to remove existing, provide and install new P.C.C. meter box and reinstall the existing cast iron traffic cover complete and in place. Item No. 12A Adjust Water Valve Covers to Grade: Work under this item shall include adjusting all water valve frames and covers to grade and any equipment necessary to complete the work under this contract. Item No. 13A Adjust Sewer Cleanouts to Grade: Work under this item shall include adjusting all sewer cleanouts to grade and any equipment necessary to complete the work under this contract. Item No. 14A Adjust Manholes to Grade: Work under this item shall include adjusting all manholes to grade and any equipment necessary to complete the work under this contract. Item No. 15A Adjust Sewer Main Cleanouts to Grade: Work under this item shall include adjusting all sewer main cleanouts to grade and any equipment necessary to complete the work under this contract. Item No. 16A Survey: Work under this item shall include providing any and all surveying required to complete the work in place. . The following items of work pertain to the bid items included within the Proposal for Alternate B: Item No. 1 B Mobilization: Work under this item shall include all preparation and scheduling of materials and equipment necessary to complete the work under this contract. Item No. 2B Traffic Control: Work under this item shall include the delivery of all required notifications, posting of signs and all other costs incurred in notifying the residents. In addition this item shall include providing the traffic control required by the project including, but not limited to, preparation of traffic control plans, signs, cones, barricades, flashing arrow sign, K -rail, striping, flag men and all other work necessary to comply with the WATCH manual, latest edition, and City of Newport Beach requirements. Item No. 31B Remove Existing and Construct 6 -Inch Thick P.C.C. Alley: Work under this item shall include removing existing alley, disposing of excess material, importing base material, grading, compaction, adjusting utility frames and covers to 0 • SP 11 OF 15 grade, construction of the alley with 6 -inch thick P.C.C., joint filler and all other work necessary to construct the alley pavement complete and in place. Item No. 4B Remove Existing and Construct 6 -Inch Thick P.C.C. Alley Approach: Work under this item shall include removing existing alley approach, disposing of excess material, importing base material, grading, compaction, construction of a P.C.C. alley approach, including type "A" P.C.C. curb and gutter and 4 -inch thick crushed aggregate base, and all other work necessary to construct the alley approach complete and in place. Item No. 5B Remove Existing and Construct Crushed Aggregate Base: Work under this item shall include removing existing alley base, disposing of excess material, grading, compaction, construction of the alley with 4 -inch thick crushed miscellaneous base and all other work necessary to construct the alley base complete and in place. Item No. 6B Remove Existing and Construct Asphalt Alley Pavement: Work under this item shall include removing existing alley, disposing of excess material, grading, compaction, adjusting utility frames and covers to grade, construction of the alley with 3 -inch thick A.C., joint filler and all other work necessary to construct the alley pavement complete and in place. Item No. 7B Remove Existing and Construct 6 -Inch Thick P.C.C. Strip Gutter: Work under this item shall include removing existing alley strip gutter, disposing of excess material, importing base material, grading, compaction, construction of a 6- inch thick P.C.C. alley strip gutter and all other work necessary to construct the 6- inch thick P.C.C. alley strip gutter complete and in place. Item No. 8B Remove Existing and Construct P.C.C. Patchback: Work under this item shall include removing existing PCC, disposing of excess material, importing base material, grading, compaction, construction of the improvements adjacent to the alley with P.C.C. and all other work necessary to construct the P.C.C. patchback complete and in place. Item No. 9B Remove Existing and Construct A.C. Patchback: Work under this item shall include removing existing AC, disposing of excess material, importing base material, grading, compaction, construction of the improvements adjacent to the alley with A.C. and all other work necessary to construct the A.C. patchback complete and in place. Item No. 10B Remove Existing and Construct P.C.C. Type "A" Curb and Gutter: Work under this item shall include removing and disposing of the existing curb and gutter, subgrade compaction, reconstructing curb openings of existing curb drains, constructing P.C.C. curb and gutter, re- chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. • 0 SP 12 OF 15 Item No. 11 B Remove Existing and Construct P.C.C. Driveway Approach: Work under this item shall include removing existing driveway approach, disposal of excess material, grading, compaction, construction of a P.C.C. driveway approach, including type "A" P.C.C. curb and gutter and 4 -inch thick crushed aggregate base, and all other work necessary to construct the driveway approach complete and in place. Item No. 12B Remove, Store and Reinstall Traffic Signs: Work under this item shall include removal, storage (in a manner approved by the Engineer) and reinstallation of traffic signs, and all work necessary to remove, store and reinstall traffic signs complete and in place. Item No. 13B Remove Existing and Install New Water Meter Frame and Cover to Grade: Remove existing P.C.C. meter box, salvage existing cast iron traffic cover, install new 1 -inch P.C.C. meter box and reinstall existing cast iron traffic cover, per applicable portions of City of Newport Beach Std - 502 -L, including but not limited to, disposal of excess excavated materials, installation of a new P.C.C. meter box, salvage and reuse of existing cast iron traffic cover, adjustment to grade, and all other work necessary to remove existing, provide and install new P.C.C. meter box and reinstall the existing cast iron traffic cover complete and in place. Item No. 14B Adjust Water Valve Covers to Grade: Work under this item shall include adjusting all water valve frames and covers to grade and any equipment necessary to complete the work under this contract. Item No. 15B Adjust Sewer Cleanouts to Grade: Work under this item shall include adjusting all sewer cleanouts to grade and any equipment necessary to complete the work under this contract. Item No. 16B Adjust Manholes to Grade: Work under this item shall include adjusting all manholes to grade and any equipment necessary to complete the work under this contract. Item No. 17B Adjust Sewer Main Cleanouts to Grade: Work under this item shall include adjusting all sewer main cleanouts to grade and any equipment necessary to complete the work under this contract. Item No. 18B Survey: Work under this item shall include providing any and all surveying 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." • • SP 13 OF 15 PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: 'Portland Cement concrete for construction shall be Class 560 -C- 3250." 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. 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." And replace the words 1 '/2 inch" of the last sentence with the words "two (2) inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said • • SP 14 OF 15 tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 302 - -- ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section: "The asphalt concrete (A.C.) used shall be III -C3 -AR -4000. All cracks Y4-inch or greater in width shall be cleaned and sealed with a hot - applied crack sealant approved by the Engineer. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302 -5.4 Tack Coat. Add to this section: 'Prior to placing the asphalt concrete patches, a tack coat of Type SS-1h asphaltic emulsion at a rate not to exceed one — tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 302 -6.6 Curing. Add to this section: "The Contractor shall not open alley improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201 -1.1 -2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6 -7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 2,000 psi." 303 -5.4 Joints 303 -5.4.1 General. Add to this section: 'The Contractor shall make a sawcut parallel to the centerline of the alley, 2 feet along each side of centerline, over the entire length of the alley. The Contractor may also sawcut the property lines, adjacent to the alley, in lieu of scoring the pavement along the property lines or constructing an edged cold joint. All sawcuts shall be made to a depth of 2 inches." • 0 SP 15 OF 15 303 -5.5 Finishing 303 -5.5.1 General. Add to this section: 'The Contractor shall patch back A.C., P.C.C. and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color." 303 -5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer lateral and a chiseled W -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718 - 3402." 303 -5.5.4 Gutter. Add to this section: 'The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." PART 4 _SECTION 400 - -- ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General 400 -2.1.1 Requirements. Add to this section: 'The Contractor shall use crushed miscellaneous base or better as the base materials." F: \USERS \PBW\Shared \Contracts \FY 02 -03 \NEWPORT HEIGHTS ALLEY REPLACEMENT C- 3565 \SPECS C- 3565.doc