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C-3567 - Harbor View Nature Park Slope Repair
• • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC November 29, 2004 Popular Paver Rental 840 Obispo Avenue Long Beach, CA 90804 Subject: Harbor View Nature Park - Miscellaneous Slope Repairs (C -367) To Whom It May Concern: On November 25, 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 January 13, 2004. The Surety for the contract is American Contractors Indemnity Company, and the bond number is 184079. 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 BOND PRE- MIMIAi BASED ON FINAL CONTRACT PRICE • '* *EXECUTED IN FOUR COUNTERPARO ** CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT HARBOR VIEW NATURE PARK SLOPE REPAIR CONTRACT NO. 3567 FAITHFUL PERFORMANCE BOND BOND NO. 184079 The premium charges on th!s Bond is S 2880.87 being at the rate,ot S 2.35 % /.006 thousand of the Contract price. WHERE,.S, the City Council of the City of Newport Beach, State of California, by motion adopted, awardwa to SFU Inc -,Dba: Popular Paver Rental, hereinafter designated as the Pnncipa', ", a contract for construction of HARBOR VIEW NATURE PARK SLOPE REPAIR, Contract No. 3567 in the City of Newport Bead, in strict conformity with the plans, drawings, specifications, artid other Contract Documents maintained in tie Public Works Depa tment of the City of Newport beach, all of which are incorporated herein, by this re=erence. WHEREAS, Principal has executed or is about to execute Contract No. 3567 and the terms thereof require the furnishing of a Bond for the `aithfu; performance of the Contract, NOW, TREREFORE, we, the Principal, and American Contractors Indemnity Company , dury autno ^Zed -to transact business under the laws of the Slate cf California as Surety (hereina;;er " Sure-y;, are held and firmly 'bound unto the City of Newpor Beach, in the slim of ninety -seven thousand, six hundred forty -five and 00/100 Dollars ($97,645.00) lawful money of t;,e United Slates of America, said sum being enuat to 100% of the estimated amount of the Contract, to be paid to the City of Newport 563ch, its successors, and assigns, for which payment yell and truly to be made, we bind ourselves, our heirs, executors and administrators, spccesso; s, or assigns, jointly and severally, trmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administraiol-s, successors, or assigns, fail to abide by, and well anc truly keen and perform any or all the work, covenants, conditions, and agreements in the Contrac`. Documents and any alteration thereof made as therein provided on its pat, to be kept and perormed at the time and in the manner therein specifed, and in all resoecs according to its true_ intent and meaning, or fails lo indemnify, defend, and save harmless the C;'y of Newport Beach, is officers, employees and agents, as t-ierein stipulated, '.hen. Sj,e, will faithfully perform, t .e same, in an amqunt not exceeding the sum specified in this Bond; othewise this obligation shall become null ano void. 28 *AECUTED IN FOUR COUNTERPARTS**** As a part of the obligation secured hereby, and in addition to the face amount specified ir. 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 requirea !o bring an action id law or equity against Surety to enforce the obligations of this Bond. Surety, fhr value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms or the Contract or to the work to be performed thereunder or to the specificatihns 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 Fait$ful Pe.r,'orma.nce Bond shall be extended and maintained by the Principal in full force and effect for one (1) year foliowing the date cf formal acceptance of the Project . by the Ci;y. In the event that the Principal executed this bond as an individual, it is agreed that the death of any sucr, Principal shall no; exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duty executed by the Principal and Surety above nanned, on the 1Stb day of August _ 2003. SFU Inc.,Dba:Pgaular Paver Rental (Principal) American Contractors Indemnity Company Name of Surety 1.0231 Slater Ave., Ste. 202 Fountain Valley, CA 92705 Address of Surety (300) 316 -5695 Telephone Authorized Sg'-ature /lisle Authorized Agent Signature Erik Johansson /Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 7 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California County of orange I ss. On ! l ` " before me, Edith Garibay, Notary Public Date Name antl Title a: OX,ce, re.9 "Jane 0oe, Notary Public ") personally appeared _* *'_Erik Johansson * ** Namefsl of Si�negsj 0 EDITH GARIBAY o COMM. #1432538 • d No-ARY PUBLIC - CALIFORNIA OAAt utcouATY fdy Comm. Expires AUG. B, 200? Place Notary Seal Above XXpersonally 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. WITN OPTIONAL -- `10ugl: the inPOrmahon below is not required by raw. it n7aw prove valuable to persons relying on the docv;uont and could prevent fraudulent removal and :'eattachrnent or this town to another document. Description of Attached Document / r Title or Type of Document: Surety_ Bond - No. O Document Date: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer Signer's lName: Number of Pages: -_: Individual •'x - _= t� I—n -a¢a !. Corporate Officer — Title(s): Partner —i.: Limited Z General x Attorney in Fact Trustee Guardian or Conservator Other: _ Signer Is Representing: American Contractors Indemnity Company _ — _— VI 1999 N.no,111Nn:a,y ASSxlnacn- e350LkSomA,..PC.M,2421 CA IOM 2 -C2 -w w., I.Ionl 1.m, or, oroJ No 6907 P:- omt.r' W Tn: F-ee'b8009i, 6827 0 • American Contractors Indemnity Company 9841 Airport Blvd., 9th Floor, Los Angeles, California 90045 07-7937 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California, a California corporation does hereby appoint, Erik Johanson, Paul S. Dito, Edith Garibay, Kim E, Heredia or Pauline LaSelle Its true and lawful Attomey(s) -in -Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an Amount not to exceed S * * *et SOO OOB 0o LjoUars * ** . This Power of Attorney shall expire without further action on September 27, 2005. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6th day of December, 1990. "RESOLVED that the Chief Executive Officer; President or anv Vice President, Executive free President. Secretary or Assistant Secretary; shall have the power and outhorih� To appoint Attornev(V -in -Fact and to authorize them to execute on behalf of the Compang and attach the seal of the Contpanr thereto, bonds and undertakings, contracts of indemnity and other writings obligaton in the nature thereof and, 2. To remove, at any time, anv such Attornev -in -fact and revoke the authority, given. RESOLV ED FURTHER, that the signatures of such offices and the seal of the Conpan,i may be affixed to any such Power of Attornev or certificate relating thereto ho, facsimile, and any such Power of Attornev or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Compary and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its President on the 1st day of September, 2000. AMERICAN CONTRACTORS INDEMNITY COMPANY ixC0ltP0M7ED S%!NV 99D o' By: Andy T. Faust, Jr., Corporate President STATE OF CALIFORNIA COUNTY OF LOS ANGELES On this 1st day of September, 2000 before me, Norma J. Virgilio, a notary public, personally appeared Andy T. Faust, Jr., Corporate President of American Contractors Indemnity Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. �NOORMAJ, VI 111-10 WITNESS my hand and official seal ] 6MVComm.EVmSsP27,2005 Commission # 1322310 i \ - n Notary Public - Cal"tfomin 4 z Las Angela County Norma J. Virgilio, Not I, JAMES H. FERGUSON, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now, in full force and effect. IN WITNESS HEREOF. I have hereunto set my hand this 18th day of August Bond No. 184079 Agency No. #9007 1200 VJ.AMES H. FERGUSONVCorporate Secretary ,ev. POA04,20101 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC January 13, 2004 Popular Paver Rental 840 Obispo Ave. Long Beach, CA 90804 Subject: Harbor View Nature Park- Miscellaneous Slope Repairs (C -3567) To Whom It May Concern: On November 25, 2003, the Citv 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 9, 2003, Reference No. 2003001463830. The Surety for the contract is American Contractors Indemnity Company, and the bond number is 184079. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, CMC City Clerk cc: Public Works Department R. Gunther, Project Manager encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach. California 92658 -8915 Telephone: (949) 644 -3005 Fax: (949) 644 -3039 - www.city.newport- beach.ca.us L1` t' -ak i PRIME ** *EXECUTED IN FOUR COUNTERPARTS * ** Premium: Included in Performance Bond. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT HARBOR VIEW NATURE PARK SLOPE REPAIR CONTRACT NO. 3567 LABOR AND MATERIALS PAYMENT BOND BOND NO. 184079 WHEREAS, the City Council of the City of Newport Beach, State of California, by motinr adopted, has awarded to SFU Inc.,Dba: Popular Paver Rental, hereinafter designated as the "Principal," a contract for construction of HARBOR VIEW NATURE PARK SLOPE REPAIR, Contract No. 3567 in the City of Newport Beach, in strict conformity with the plans, drawings, soedfcaCions and other Contract Documents in the office of the Public tNorks Department of ine City of Newport Beach, of of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3567 and the terms thereof require the fumisning 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 tabor 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, .:nerican Contractors Indemnity Company duly aulhorzed to transact cusmess under the laws of the State of California, as Surety, (referred to herein as "Surety) are helc rmly bound unto the City or Newpor-, Beach. in the sum of ninety -seven thousand, six hundred forty -fiNe and 00000 Dollars (597,645.00) !awful money of the United States of America, said suan being equal to 100% of the estimated amount payabie by `ne City of NewooR Beach under the terms o; the Contract; for which payment well and [ruly to be made, we bird ourselves, our heir, executors and administrators, successors, or assigns, jointly and severally, firmly by these prf sent. THE CONDITION OF 77-I'S OSLIGATION 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 per ormance 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 sucn 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 %pith respect to such work and labor, then the Surety will pay for the same, in an amount not excedding the sung specified in this Bond, and also, in case suit is brought to enforce the obiigations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of $ection 3250 of the Civil Code of the State of California. 26 x,rx F.A FIGI "0U 1N FOUR COt.IMr ERPARTS* *x 1 The Bona snail Inure to the benefit of any ano UII pewons. crrr..p2nies, and corperation_ emilled 10 Me claims under Section 3181 of the Californ,a 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 accoreance `sjith the provisions ofSecticns 3247 et. seq. of the Civil Code of the State or California. And Surety, for value received, hereby stipulates and agrees that no change, extension of lame, attertion< er aodroons to the terms of the Contract or tc the wor'r, to 'oe pe ^oconet! there Under or die specifications accoropd.r.ying the same shah m ar.y affec' as coligat ^, ^.s C. this Bond, and i) does hereby waive notice of any su h change, extension of time, alterations or additions to the terms of the Controct or to t .he work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed feat the death of any such principal shall not exonerate the Surety from its otboatiocs under this Bond; IN VVFN`ESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 18th day of August 2001 r Rc Prncpe] SFU Inc., Coa.r G , 1me:ican Contraccurs Company !dame of Surety i +uiY',or zed yeni S gna;ur2 10231 Slater Ave., Ste. 202 Fountain Valley, CA 92708 Address e Surely (800) 316 -5695 Telephone Erik Johansson/ Attorney -in -Face Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California } ss. County /op�f J Orange 1 On `-'I�, before me. Edith Garibay> Notary Public Date Name and TrI1e of Officer fed. "Jane OOe, Notary Nbl"') personally appeared ** *Erik Johansson * ** _ Name(sj u' Sign Br(s) EDITH GARIBAY AM. #1432538 o NOTARY PUBLIC - CALIFORNIA 0 i OAANGECOUNiY s -••�' My Comm. EOres AUG. 8, 2007 Place Notary Seal Above XXpersonally 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 helshelthey executed the same in his /herltheir authorized capacity(tes), 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 m<hand Nad'bffir4 -Te OPTIONAL — Though the inlonnation below is not required by law, it moy prove valuable to persons relying on the docur± ^rt and could prevent fraudulent removal and feattachment of this form to another document Description of Attached Document O Title or Type of Document: , Su Bond No._,.�� Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Individual ..! Corporate Officer— Title(s): -, Partner —i._ Limited ' General s Attorney in Fact Trustee Guardian or Conservator Other: Number of Pages: Signer Is Representing: American Contractors Indemnity Company I Top of ;humU hce 1 j I 1 � R 1999 Nal,matNc:ary AL56Gdeon -9350 De Soto A.e.,P.O. Bal 2402•Cpatawonn. CA 915032402 -wwv: nauoralnotary.org Pod. 11. 5907 eecder C,11 Llt `r:ne l 690-876 -"27 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT CO) 6 -- 5 -J ) Agenda Item No. 6 November 25, 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: HARBOR VIEW NATURE PARK— MISCELLANEOUS SLOPE REPAIRS — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3567 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 August 12, 2003, the City Council authorized the award of the Harbor View Nature Park, Miscellaneous Slope Repairs contract to SFU Inc., dba Popular Paver Rental. The contract provided for the restoration of a slope failure that occurred on a hillside within the City's Harbor View Nature Park. The project provided for the clearing, grubbing, grading, and compacting of an approximate 90 -foot by 70 -foot area of slope adjacent to private property, installation of three rows of 'pipe and board' stabilizing a wall within the area, complete with subdrains and a downdrain, and covering the entire installation with compacted soil. The work necessitated the use of manual labor to complete the work upon a very difficult site. After the contactor completed the work, the General Services Department re- established the irrigation system and re- planted the slope. The contract has been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: SUBJECT: Harbor View Nature Pa*liscellaneous Slope Repairs —Completion and Aclence of Contract No. 3567 November 25, 2003 Page 2 Original bid amount: $97,645.00 Actual amount of bid items constructed: 113,943.00 Total amount of change orders: 0.00 Final contract cost: $113,943.00 The increase in the amount of actual bid items constructed over the original bid amount resulted from the need for additional import soil required for the slope repair. This project was authorized by Council in the contract award with a 20 percent contingency due to the fact that the amount of imported soil required was somewhat unpredictable. The final overall construction cost including change orders was 16.69 percent over the original bid amount. No change orders were issued for the project. Funds for the project were expended in the following account: Description Account No. Amount Miscellaneous Slope Repairs 7014- C5100508 $113,943.00 The original completion date was September 15, 2003. All work was completed on October 10, 2003, the extended completion date. Environmental Review: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1 of the CEQA Implementing Guidelines. This exemption covers the repair, maintenance, and minor alteration of existing facilities involving no expansion of use beyond that existing at the time of determination. A Categorical Exemption was prepared by Public Works Department and filed with the County Clerk. Prepared by: R. Gunther, P.E. Construction Engineer Submitted by: Richard Edmonston Acting Public Works Director • 0 A� CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVorme M. Harkless, CMC November 26, 2003 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completions for: Newport Boulevard /Balboa Boulevard — 26`" Street to 16" Street (C- 3373); Fire Station No. 3 Pavement Reconstruction (C- 3605); Ocean Front Beach Access Walkways (C- 3378); and Harbor View Nature Park — Miscellaneous Slope Repairs (C -3567) Please record the four enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, J r LaVonne M. Harkless, CMC City Clerk Enclosures 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 0 'Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Sully - Miller Contracting Company of Anaheim, California, as Contractor, entered into a Contract on December 17 2002. Said Contract set forth certain improvements, as follows: Newport Boulevard /Balboa Boulevard — 26`h Street to 16`h Street (C -3373) Work on said Contract was completed on September 19 2003, and was found to be acceptable on November 25, 2003, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Liberty Mutual Insurance Company. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on �11����! /v✓ �� 1?2 at Newport Beach, California. BY D City Clerk ♦ C9C1FD{t�F /. J RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in official Records. County of Orange Tom Daly, Clerk- Recorder I'I Illifd' lillll 'Ililllllllllll'?,11$111111t llil►,,,►111111'd'dIINO FEE 200300146383012.25pm 12109103 117 92 N12 1 0.00 0 00 0 00 0.00 0.00 D.00 0.00 0.00 "Exempt from recording ees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and SFU Inc., dba Popular Paver Rental, of Long Beach, California, as Contractor, entered into a Contract on August 12, 2003. Said Contract set forth certain improvements, as follows: Harbor View Nature Park - Miscellaneous Slope Repairs (C -3567) Work on said Contract was completed on October 10 2003, and was found to be acceptable on November 25. 2003, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is American Contractors Indemnity Company. iC'Works Director of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed one `��'l at Newport Beach, California. BY \gym City Clerk u z E CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915 until 11:00 a.m. on the 30th day of July 2003, at which time such bids shall be opened and read for HARBOR VIEW NATURE PARK SLOPE REPAIR Title of Project Contract No. 3567 $ 120,000 Engineer's Estimate h "IFOA i Approv Stephen G. Badum ublic Works Director Prospective bidders may obtain one set of bid documents for $10 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification required for this project: " A or C -12" For further information, call Lloyd Dalton, Project Manager at (949) 644 -3328 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT HARBOR VIEW NATURE PARK SLOPE REPAIR CONTRACT NO. 3567 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The 3 securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et sec.), 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). The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10, All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. -7 bto x-75 Contractor's License No. & Classification VQFF Jav- P��er 12ev�tctl Bidder Auth4ized Signature/Title L-( , 2063 Date N 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT HARBOR VIEW NATURE PARK SLOPE REPAIR CONTRACT NO. 3567 DESIGNATION OF SUBCONTRACTOR US 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 IBid Item Description of Work °i° of I Number Total Bid Name: _.._..._. Address: i I, Phone: I I I I State License Number: I i Name'. I Address: I Phone: State License Number: Name: Address: 1 Phone: I I i State License Number: Po u(a - aveA- Re4,A1-A __ Bidder e lgip.t Sec 121_ ` AuttJrized Signature/Title CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT HARBOR VIEW NATURE PARK SLOPE REPAIR CONTRACT NO. 3567 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form! Please print or type. Bidders Name Pb "Akar pAJP,r Re.vtt-rd 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 Ave Project Name /Number Muria A "S Peet F2elka61lii_A+10'-J Project Description Size t Ff �1�b_...._ Approximate Construction Dates: From- _�_� Ci To:.__7J� 30 —OI Agency Name b OT reG+Ovd" QC'ack Contact Person ��VtCn' W 0 VI! t Telephone (3io) 31 S -06(z) Original Contract Amount $Final Contract Amount $_ D?'UOU If final amount is different from original, please explain (change orders, extra work, etc.) N 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 0 0 No. 2 Project Name /Number Fly-e S"�-hov' No 1 Pj lock- WO RePC6 Project Description C6 Y R£i-nIht•�c1 Approximate Construction Dates: From 10 - i - U 1 To: 10 - 31 - O Agency Name L 1 � -ec1otu4u be-(tc, Contact Person 1-a-nC W 0 Telephone (3510) Original Contract Amount 0- SO00FInal Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) NIA 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. tjU No. 3 ` Project Name /Number _TVr �1e RUCk Dr. S tY2 P A 1� 111�✓t>V� WIC'.v� Project Description Approximate Construction Dates: From g'- 1- 02 To: —b_ oz Agency Name 1 YV 1 Ne a ✓lGh pIS-k-Y t c -t Contact Person �50 96 K • Telephone ("hy) 5`t'3 -105 `7 5 Original Contract Amount $ 2 00O Final Contract Amount $ 2-!� ,CGG _ 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. 4 Project Name /Number W1nmiewwv\ Project Description t X La \'J Arlo .,1 PU y i V � Approximate Construction Dates: From �0° -0 -To:— i " 3Q -0 j Agency Name Contact Person M lke_ \)eA'Vlev Telephone (Slg) M - t7 Original Contract Amount $WW—Oinal Contract Amount $ �oo coo 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 C Project Name/Number-&-- �.l. Jtfka (ru L�✓1� _ Project Description Approximate Construction Dates: From �� I'(�3 To: " 20 --03 Agency Name Wu-n O � LUS 2 (4S Contact Person 10 ✓a �G �1) `0-x Telephone ( (v1) L1 25 Original Contract Amount $f-pj_pj�,Final Contract Amount $__ bC- 000 If final amount is different from original, please explain (change orders, extra work, etc.) NIA 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. NQ 0 No. 6 Project Name /Number SOuA-ti Gn+e 0 Project Description C__z) I(Ck P�_ ta_ge c,v_nct PG VP_, Approximate Construction Dates: From —2'''u3 T0___"7-?-3-0_5 Agency Name i Contact Person _J*_a_ Mai 1O Telephone (36) Zkag Original Contract Amount $ 40,CtX) Final Contract Amount $___qG t 000 _ 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. /V U 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. o o ut Fe -rt�u �'reSldevt 1. Bidder Authorized Signature itie 10 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 HARBOR VIEW NATURE PARK SLOPE REPAIR CONTRACT NO. 3567 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of LDSC) 1SA f la] y� rS0 n , being first duly sworn, deposes and says that he or she is � CY4?+6(N of — V�boulctr fiver entu , the party making the foregoing bid; that th6bid is not made in te ihterest 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. 9t� ff7� r7 0Pud0.r I'GlV2�' Revl-i-z�L_._.. Bidder Aut rize Signature/Title Subscribed and sworn to before me this r day ofa- u__ - _,.___, 2003. [S AL] Notary Public _ My Commission Expires: l - L0 _0 11 LAURA DANIHER COMM. / 1288228 Nwa^/ Pvblic . California 9 LOS,v�� COUNTY m COMMSSIQN EXPIRES JAN, pp, SOS • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT HARBOR VIEW NATURE PARK SLOPE REPAIR CONTRACT NO. 3567 DESIGNATION OF SURETIES Bidders name 'Pb lnr paver ReniAl 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): Rout d - f� ✓1ne rr c an Co F1+Yoc -+-o fs L,�"-D ilk C?. -- -..... _ IoL3\ Slg}cv Av( FDm -oivi VaI1.Qy_�_� ga3o ornvncrc«1 Auk -- Cg49) abq-gG33__..... 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT HARBOR VIEW NATURE PARK SLOPE REPAIR CONTRACT NO. 3567 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name Q_pv ay— pnyey- 2MTd 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 Yearof for for for for for Record 2002 2001 2000 1999 1998 Total 2003 No. of contracts t _C" 100 35� 300 2-5-C) Total dollar I Amount of Contracts (in ,) uCti0 ! �� -700 5C) C) -- 3�— Thousands of $ _ No. of fatalities No. of lost Workday Cases 1 �- No. of lost j workday cases involving permanent transfer to another job or termination of empio ment I The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Legal Business Name of Bidder �bqut0.r PlxvZY Rcvit-c, Business Address: ,7, p C) b,s �Vk CiZ� cA Business Tel. No.: 32 gc�cxj State Contractor's License No. and - -- Classification: A Title r reAi -aY\/ 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 a a 0 y a N C y Z m < O Tn CJ APE �)\ 0 I fir m r 1- � � c m o ' 0 n n ' o I c _ c c . JII 77I 9 � I 'm c < 3 0 0 0 v -`u a o v c s ° f `O a m a pop o 1 d 3 f ti � F � O O d O J�Itl) m m d _uj Y CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT HARBOR VIEW NATURE PARK SLOPE REPAIR CONTRACT NO. 3567 ACKNOWLEDGEMENT OF ADDENDA Bidders name C�P��a✓ Paver (Ze✓l� The bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received 15 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT HARBOR VIEW NATURE PARK SLOPE REPAIR CONTRACT NO. 3567. 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: po �x(ar Pover ke-v) rd Business Address: `6'40 Obi) ,90 ,ale . , Uc)v\,' be cLc-) , CA 900 0 Telephone and Fax Number: (SbZ) H 33 - "3'LCy (5(02) W3 - ( toC California State Contractor's License No. and Class: -7 lohy (REQUIRED AT TIME OF AWARD) Original Date Issued: -1-90o Expiration Date: CI- 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: Mi L1�ae t SAarp Pre- id mt — - -- 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 Mtcl�ael urp-- Poes>deLn-t _ o_ob�_s_po Ave , (S-iOz)y33 -32CV No Ob,1s (sbz) y 33 -3z�� L0�1a &CA Ct, CA `q�BcN - Corporation organized under the laws of the State of �.Vc .cam ... _....... _.__ 16 0 0 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: NIA All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. Have you fiver failed to complete a project? If so, explain.- — - -- /�f o 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 la ompliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.) ?Yes No Are any claims or actions unresolved or outstanding? Yes ktioj 17 11 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. Ro a far pewu Re Mr . Bidd r _ M t c kae 1 SV\a -- (Print name of Owner or President of Corporation /Comp y) Authon'z gnatute itl r2S cl e_v�t . —.- Title - -- Date Subscribed and sworn to before me this day of-, %(, 3 �__.......,., 2003. ^^ [ EAL] f �.. iAURA DANIHER Ga, o LAZi1288228 Nolory Public - ColifoMo 'a losmr'ELEsmur+n MY COMANS510N IX %RES JAN.80. :008 r ire' 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT HARBOR VIEW NATURE PARK SLOPE REPAIR CONTRACT NO. 3567 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 19 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 HARBOR VIEW NATURE PARK SLOPE REPAIR CONTRACT NO. 3567 CONTRACT THIS AGREEMENT, entered into this _ day of , 2003, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and SFU Inc., dab Popular Paver Rental, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: HARBOR VIEW NATURE PARK SLOPE REPAIR Project Description 3567 Contract No. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3567, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 20 0 0 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of ninety-seven thousand, six hundred forty-five and 001100 Dollars ($97,645.00). 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: Lloyd Dalton (949) 644 -3328 CONTRACTOR SFU, Inc., dba Popular Paver Rental 840 Obispo Avenue Long Beach, CA 90804 (562) 433 -3204 (562) 438 -1609 Fax F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 0 0 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11185) 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. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 23 6. Right to Stop Work for Non - Compliance 0 City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 6 0 K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: CITY CLERK APPROVED AS TO FORM: �bux� 7n. CITY ATTORNEY 25 CITY OF NEWPORT A Municipal Corporat 0 >Z. SFU, Inc., dba Popular Paver Rental gy: CL'Vl-J�cre{ztv7 Aut orized Signature and Title ACOR - CERTIFICATE (T LIABILITY INSURANCE 19/ OATEI 8 19 03 3 Ij PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Auto Commercial Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE i HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3848 Campus Drive, Suite 102 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Newport Beach, CA 92660 949 263 -9933 INSURED POPULAR PAVER RENTALS 840 OBISPO AVE INSURERS AFFORDING COVERAGE INSURER A: WESTERN HERITAGE INSURANCE CO. INSURER B. CENTURY NATIONAL INSURANCE CO. INSURER C: - LONG BEACH, CA 90804 INSURER 1562 433 -3204 I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED_ NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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, NAIC# AIIR T POLICY EFFECTIVE iPOLIOYE %PBiATION - xsxo TYPE OF INSURANCE POLICY NUMBER GATE MM/DD GATE MM/00 LIMITS GENERAL LIABILITY EACH OCCURRENCE 5 1,.000 000 1 O� 'p COMMERCIAL GENERAL LIABILITY DAMAGETO N E (Ea a nc) $ 50,000 1 CIAIMSMADE CI OCCUR IS S 000 _P_REMISES MEDEXP(Any nno p—V A X TBD 7/5/03 7/5/04 PERSONAL I ADS INJURY f 1,00_0 OOOI 4 GENERAL AGGREGATE ' S 1 a 000, n-00 IGEN'L AGGREGATE LIMIT APPLIES PER'. PRODUCTS -COMP /OP AGO S 1,000,000 7j-1.. P- , —_....-_ ... POLICY JECT LOC AUTOMOBILE LIABILITY - — :I COMBINED SINGLE LIMIT ! S 750,0001 ANYAUTO 1Ee accWenq I BOOILYINJURY ALLOWNEOAUTOS X SCHEDULED AUTOS (PV personl S B X HIREDAUTOB BAP0128238 3/19/03 3/19/04 80DBLYINJURY - S NON- OWMEDAUTOS IPer —J.-I) PROPERTY DAMAGE S I {PeractiUenl) GARAGE LIABILITY AUTOONLY- EAACCIOENT f OTHERTHAN EAACC J ANYAUTO j-- S I AUTOONLY: AGO S EXCESSNMBREU-A LIABILITY OCCUR CLIAIMSMNDE EACH OCCURRENCE AGGREGATE .. 1 S S ' 1 $ DEDUCTIBLE H ., RETENTION $ f I WORKERSCOMPENSATION AND WCSTAT6 TORV LIMITS ER EMPLOYERS LIABILITY _, ._ A ANY PNFTOH/PARTNENIexecunV2 El FACH ACGOENT _ S .� GI. DISEASE- EA EMPLOYEE OF1 iERA1EYB2R EXCWOEO1 j • S Ityes. EesrnoeunEer - _I rS SPECIAL PROVISIONS MIaw E.L. DISEASE POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS CONTRACT NO. 3567 THE CITY, ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE ADDITIONAL INSUREDS AS PER CG 20 10 10 93 ATTACHED CITY OF NEWPORT BEACH, PUBLIC WORKS DEPT. ATTN SHARI ROOKS PUBLIC WORKS SPECIALIST 1 3300 NEWPORT BLVD. NEWPORT BEACH, CA 92658 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBES POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ACORD25)2001108) v mACORD CORPORATION 1988 POLICY NUMBER: BAP012823f COMMERCIAJENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF NEWPORT BEACH, IT OFFICERS, AGENTS, OFFICIALS, EMPLOYEES AND VOLUNTEERS PUBLIC WORKS DEPARTMENT 3300 NEWPORT BEACH P.O. BOX 1768 NEWPORT BEACH, CA 92658 -8915 CONTRACT NO. 3567 IT IS FURTHER AGREED THAT SUCH INSURANCE AS IS AFFORDED BY THIS POLICY FOR THE BENEFIT OF THE ABOVE ADDITIONAL INSURED(S) SHALL BE PRIMARY INSURANCE AS RESPECTS ANY CLAIM, LOSS OR LIABILITY ARISING OUT THE NAMED INSURED(S) OPERATIONS, AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED(S) SHALL BE EXCESS AND NON - CONTRIBUTORY WITH THE INSURANCE PROVIDED HEREUNDER. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 1093 Copyright Insurance Services Office, Inc. 1984 Page I of I POLICY NUMBER: TBD • COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ CAREFULLY, ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF NEWPORT BEACH, IT OFFICERS, AGENTS, OFFICIALS, EMPLOYEES AND VOLUNTEERS PUBLIC WORKS DEPARTMENT 3300 NEWPORT BEACH P.O. BOX 1768 NEWPORT BEACH, CA 92658 -8915 CONTRACT NO. 3567 IT IS FURTHER AGREED THAT SUCH INSURANCE AS IS AFFORDED BY THIS POLICY FOR THE BENEFIT OF THE ABOVE ADDITIONAL INSURED(S) SHALL BE PRIMARY INSURANCE AS RESPECTS ANY CLAIM, LOSS OR LIABILITY ARISING OUT THE NAMED INSURED(S) OPERATIONS, AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL FNSURED(S) SHALL BE EXCESS AND NON - CONTRIBUTORY WITH THE INSURANCE PROVIDED HEREUNDER. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 1093 Copyright Insurance Services Office, Inc. 1984 Page I of I 06/28/2003 17:32 8772344408 LOSS CONTROL PAGE 02 CERTIFICATE oB/27 /03 OF LIABILITY INSURANCE DAT/a7 /o3 ..ACORD PRODUCER AV In.umence Servicea PO Box 281900 San Prancisco, CA 94128 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. NSRD TYPE OF INSURANCE I (877)234-4407 INSURERS AFFORDING COVERAGE NAIC # INSU%f�% INC. INSURERA: Combined Specialty ZDe. Co. GENERAL LIABILITY INSURER B: EACH OCCURANCE $ dba POPULAR PAVER RENTAL INSURER C' COMMERCIAL GENERAL LIABILITY 840 OBISPO AVPNDR LONG BEACH, CA 90804 INSURER D: PREMISE6 En occurenc0 $ INSURER E: CTL 1273 105182 rnvconncc THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALLTHETERMS, EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSRD TYPE OF INSURANCE I POLICY NUMBER I Y LIMITS GENERAL LIABILITY EACH OCCURANCE $ COMMERCIAL GENERAL LIABILITY PREMISE6 En occurenc0 $ CLAIMS MADE IJOCCUR MED EXP (Dny eye ar,On $ PERSONAL 6 AOV INJURY $ GENERALAGGREOATE S I GEIVLAGGREGA.TEUMITAPPL-�IETSPER: PRODUCTS- COMPIOP AGG S POLICY PRO. F ILOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accldom) BDOILY INJURY (Par PPrtoa) S ALL OWNED AUTOS !SCHEDULED AUTOS BODILY INJURY (Pet eccideal) S HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per Axlddnl) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ F ANY AUTO OTHERTHAN EA ACC AUTO ONLY. AGM : S EXCESSNMBRELLA LIABILITY EACH OCCURENCE $ 1$ OOOUR F7 CLAIMS MADE AGGREGATE S I I i $ DEDUCTIBLE S RETENTION S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY X '1 E.L EACH ACCIDENT $ 1,000,000 A ANY PROPRIETORIPARTNER/EXECUTIVE OFFICERNISMSER EXCLUDED? IT yevd.cAe under SPECIAL PROVISIONS b.im 005- 00011445 ' 01/01/03 01/01/04 E.L. OISEASE - EA $ 1,000,000 E. L. DISEASE - POLICY LIMIT S 1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: Harbor view Park Slope Repair, Newport Beach, CA- -Waiver of Subrogation in favor of City of Newport Beach, relative to work performed under contract. I City of Newport Beach Public works Department 3300 Newport Blvd. Newport Beach, CA 92663 Attn: Shauna - Public Works Dept. I ACORD 25 (2001/08) DULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION BE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DD SD SHALL IMPOSE OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE OD78336 0 ACORD CORPORATION 1988 08/28/2003 17:32 8772344408 LOSS CONTROL PAGE 03 W6TIKERS COMPENSATION ANDOPLOYERS LIABILITY INSURANCE • WC 252 (4-84) WC 04 03 06 (Ed. 4 -84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following 'attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 01/01/03 (DATE) Policy No. oos- 000iiaas of the issuedto POPULAR PAVER RENTAL Premium (if any) $ 150.00 at 12:01 A.M. standard time, forms a part of Endorsement No. e Combined Specialty Inaurance Co. (NAME OF INSURANCE COMPANY) Authorized Representative We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named In the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. Person or Organization City of Newport Beach Public Worker Dept. 3300 Newport Blvd. Newport Beach, CA 92663 Schedule Job Descrlptlon Harbor View Park Slope Repair, Newport Beach, CA Oyler, Shauna From: Farley, Lauren Sent: Monday, August 25, 2003 4:21 PM To: Oyler, Shauna Subject: RE: Popular Paver Rentals accept. - - - -- Original Message---- - From: Oyler, Shauna Sent: Monday, August 25, 2003 3:21 PM To: Farley, Lauren Cc: Rooks, Shari Subject: Popular Paver Rentals This contractor's GL insurance came back as not admitted in California. The insurance company is Western Heritage Insurance with a A+ XV rating. Will you accept it or shall I ask the contractor to seek a new insurance carrier? 1 AUG -25 -2003 MON 01:58 PM CAL SURANCE FAX NO, 7149391654 P. 01 /01 Fax #: cl �i cl� — to u �-{ •3 3l S • CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach]], Date Received: Q `D 3 Dept./Contact Received From: �I Date Completed: 3 Sent to: 3l1 W n O7 By: Company /Person required to have certificate: I. GENERAL LIABILITY A. INSURANCE COMPANY: -P-Sqc,-n ., ) J_*A& �. B. ,4d] AM BEST RATING (A: VII or greater); PY C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? Yes X No D. LIMITS (Must be $1M or greater): What is limit provided? ryl I E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? zYes ❑ No F, ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? N'Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? 1'Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence° wording? ❑ Yes 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. 11. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: B. AM BEST RATING (A: VII c C. ADMITTED COMPANY (Must be California Admitted): kk�� Is Company admitted in California? IYes ❑ No D. LIMITS (Must be $1 M min. BI & PO and $500,000 UM): What is limits provided? �C{c�jD E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? WYes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): / Is it included? n 1 G`" ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there Is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: B. AM BEST RATING (A: VII or greater): C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ❑ Yes P�CNo HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes X-No 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT HARBOR VIEW NATURE PARK SLOPE REPAIR CONTRACT NO. 3567 PROPOSAL To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3567 in accordance with the Plans and Special Provisions, and wiii take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization @�t4 +- nc\) a,Mh:)ch'?�Dollars and _Cents $ g X200 Per Lump Sum 2. Lump Sum Clear and Grub (cDjj�y2e oJ�,nc Sk'Jen Dollars and hu v clrp -�1 s �x { __,__Cents $ —Ib0 Per Lump Sum 3. 100 C.Y. Import Topsoil @ -kvr ov1,e- Dollars and _ —C�— Cents $ t i (, $ I o0 Per Cubic Yard Ll PR2of2 ITEM QUANTITY AND UNIT ITEM DESCRIPTION AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE TOTAL PRICE 4. Lump Sum Scarify, Condition and Compact Site �OUt+Viou�,G-Act Q-1��Ir @ hu,6r¢d Akv)eiy Dollars and Cents Per Lump Sum 5. 330 L.F. Cut Benches; Install Pipe and Board Wall, Backdrain Pipe, Filter Fabric and Pea Gravel; and Compact Backfill @Twu hvncared hJe, iy 9` ollars and -�3 Cents $ 2 zq _ $ -(� S'7 U Per Linear Foot 6. 90 L.F. Install Downdrain Pipe @ v,)L W - - - -- Dollars and F, .� -I\1 Cents $ $ `� S Per Linear Foot $ G�,ioy5 Total Price (Figures) TOTAL PRICE IN WRITTEN WORDS N t nett' S,e 4 -r� -k- g00s,CU -ACA S kx vv, '\c1 re Dollars and -- Cents -fur t-y -�v-f �u�y 30�ZGG� Date (Si7Z)'A 3"3 -32oy (sbz3�3-3Z0y (sbz) y38 -IU,o 1 Bidder's Telephone and Fax Numbers 1 Io(O D I S Bidder's License No(s). and Classification(s) pU 1- l Cam r pn v c"" R e -� I Lt Bidder 1 ����ecre { zir�/ BiddeK�horized Signature and TitleSignature and Title �UUObiSpoAVe Lo�� ) CA Bidder's Address 9oF�0-f • • Page: 1 of 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT HARBOR VIEW NATURE PARK SLOPE REPAIR CONTRACT NO. 356 TO: ALL PLANHOLDERS A. SPECIAL PROVISIONS: 1. SECTION 305 -2.7 Pipe and Board Assembly: Change `......rough sawn 2 °x8" timber' to `........rough sawn 4 "x8 'x10' timber'. B. PLANS: 1. SECTION "A ": Change .........4 "x8 "x5' BOARDS' to .......... 4 "x8 "x10' BOARDS'. 2. SECTION "A ": Change `..........PIPE @ T O.C.' to `........PIPE @ 2' O.C.'. 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 therefore in my Proposal. Payer 9,-VA- Name (Please Print) JkAly 2q Zoo3 Date SeCrei-CA gnature & Title z Cq1! FO P, ADDENDUM NO. 1 HARBOR VIEW NATURE PARK SLOPE REPAIR CONTRACT NO. 356 TO: ALL PLANHOLDERS A. SPECIAL PROVISIONS: 1. SECTION 305 -2.7 Pipe and Board Assembly: Change `......rough sawn 2 °x8" timber' to `........rough sawn 4 "x8 'x10' timber'. B. PLANS: 1. SECTION "A ": Change .........4 "x8 "x5' BOARDS' to .......... 4 "x8 "x10' BOARDS'. 2. SECTION "A ": Change `..........PIPE @ T O.C.' to `........PIPE @ 2' O.C.'. 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 therefore in my Proposal. Payer 9,-VA- Name (Please Print) JkAly 2q Zoo3 Date SeCrei-CA gnature & Title fland No. 157995 -32 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ` HARBOR VIEW NATURE PARK SLOPE REPAIR CONTRACT NO. 3567 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. p charter city, in the principal sum of ten percent of the total amount of the bid v'- Dollars ($ 10 %----- - - -_)* to be paid and forfeited to the City of Newport Bee; -h if the bid proposal of the undersigned Principal for the construction of HARBOR VIEW NATURE PARK SLOPE REPAIR, Contract No. 3567 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 thie Principal, and the Principal falls to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements fair 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 nuil and void. *Amount of bid bond not to exceed $14,100.00 I' 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 cur hands this 29th SFU, INC. DBA: POPULAR PAVER RENTAL. Narne o' Contractor (Principal) American Contractors Indemnity Company Name of Surety 10231 Slater Ave., Ste. 202 Fountain Valley, CA 92708 Address of SuretT— (800) 316 -5695 Teiephone day of July 2003 Autho zed ignatur2lTitia Authorized Agent Signature Kim E. Heredia /Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of _ Orange On ?Zq , before me, Edith Garibay, Notary Public — — — ._ —�._ -- -- -- — ._.._. Date Name and Title of gPoCer to 4. "Jane Doe. Notary Pvb11i1 ** *KIM E. HEREDIA * ** I ss. personally appeared l° .ara F ('. 31rvI0 � ULAINIY UUMM I xF 41,G.8 'tU.'U3 Place Nolary SeN Above of .X 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 Dial seal -- OPTIONAL `'- I ---- Though the information below 1s :)ol i0quued by law. it may prove valuable to persons retying on the document and could pmvenl fmnclulew removal and reattachment of this fnr,n to anulhor rlocwnent. Description of Attached Document Title or Type of Document: Surety No. L� 3 Z _.._. ...-- —.. Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Individual Corporate Officer — Title(s): . Partner —f 1 Limited General Attorney in Fact Trustee Guardian or Conservator I Other: Signer Is Re resentin Attorney -in -Fact Number of Pages: - -.. RIGHTTNUMBPRINT OF SIGNER d. 1499 NaWaal Nolary Avsoculion•9350 De 5cIU Iv,RO. pm 2602- C.RatiwntlM1. CA 91313P02•wxw nalionalnolary.npl P ;..i No 590) Reorder: Call T011free 1 800 876 6827 American Contractors Indemnity Company 9841 Airport Blvd., 9th Floor, Los Angeles, California 90045 07-79-1 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California, a California corporation does hereby appoint, Erik Johansson, Paul S. Dito, Edith Garibay, Kim E, Heredia or Pauline LaSelle Its true and lawful Attorneys) -in -Fact, with full authority to execute on its behalf bonds.. undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an Amount not to exceed * * *e1 [nnMn.nnllr,ll•,rc * * * *. This Power of Attorney shall expire without further action on September 27, 2005. This Power of Attorney is granted and is signed and scaled by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6th day of December, 1990. "RESOLVED that the Chief Gcecutive o%ticer. President or am I Ice President, E.xectinke Irce President. Secrerar.c w Assistant Secretive .�hcdl have the potirer and authority To appoint dttitrner(s7- irrFact and ro atdhnri_e them to execute an heho f of the Company, and attach the seal o1 the Contpanr thereto. haneG' and tundcrtnkings, contracts of indenmifi and othev writings ohligatorr in the natae thereofand. -. To remove of mn time. given. RESOLVED FURTHER, that the signatures o1 such officers mul the seal of the Compatn mar he affixed to am such Power of dttornev or cemlhate relating thereto hr lacsintile, and tun such Power of dttorner or certificate hearing such facsimile signatures or lacsintile Seal shall he valid and binding upon the Contpanr and am such power so created mud certified br facsimile Signatures and lacsintile seal shall he valid mud hinding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its President on the 1 st day of September, 2000. AMERICAN CONTRACTORS INDEMNITY COMPANY IN"'!N2 QED s SEPT.16,1990 .o By. �GLIFpRN�� Andy T. Faust, Jr., Corporate President STATE OF CALIFORNIA COUNTY OF LOS ANGELES On this I st day of September, 2000 before me, Norma J. Virgiho, a notary public, personally appeared Andy T. Faust, Jr., Corporate President of American Contractors Indemnity Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation theretoobbyNa�uthority of his office. WITNESS m hand and official seal ) ��d���tlro y Commissions 1322310 z \ Notary Public - California � Los Angeles County f Norma J. Virgilio, Notar} 1, JAMES H. FERGUSON, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF, I have hereunto set my hand this Zan day of July _, 200 3 Bond No. 157995 -32 Agency No_ #9007 �- VJAMES H. FERGUSON Corporate Secretary ¢c. POA04•'20POI A.M. Best's Rating for America *ontractors Indemnity Company • Page 1 of 1 11019 - American Contractors Indemnity Company A.M. Best #: 11019 NAIC M 10216 * Best's Rating M QEST A (Excellent)' Financial Size Category V ($10 million to $25 million) `Ratings as of 0712912003 03:46:20 PM E.S.T. Rating Category (Excellent): Assigned to companies that have, in our opinion, an excellent ability to meet their ongoing obligations to policyholders. Important Notice: Best's Ratings reflect our opinion based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet strength, operating performance and business profile. These ratings are not a warranty of an insurer's current or future ability to meet its contractual obligations. View our entire notice for a complete details. Companies interested in placing a Best's Security Icon on their web site to promote their financial strength may register online. Copyright © 2003 by A.M.-Best Company. Inc, ALL RIGHTS RESERVED No part of this information may be distributed in any electronic form or by any means, or stored in a database or retrieval system, without the prior written permission of the A.M. Best Company. Refer to our terms-of use for additional details. http:/,/www3.ambest.com/ratings/rating.asp?AMBNum=l 1019&Reffium=l 1019&Site=ra... 07/30/2003 1 1 1 1 1 1 2 FA 2 2 3 3 c c c c 3 4 4 4 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS HARBOR VIEW NATURE PARK SLOPE REPAIR CONTRACT NO. 3567 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup 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 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water 7 -8.6 Water Pollution Control 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access 7 -10.2 Storage of Equipment and Materials in Public Streets 7 -10.4 Public Safety 7- 10.4.1 Safety Orders 1 1 1 1 1 1 2 FA 2 2 3 3 c c c c 3 4 4 4 4 4 E E 7 -15 CONTRACTOR LICENSES 4 7 -16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS 4 SECTION 9 MEASUREMENT AND PAYMENT 5 9 -3 PAYMENT 5 9 -3.1 General 5 9 -3.2 Partial and Final Payment 5 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 5 300 -1 CLEARING AND GRUBBING 5 300 -1.3 Removal and Disposal of Materials 5 300 -1.3.1 General 5 300 -2 UNCLASSIFIED EXCAVATION 6 300 -2.1 General 6 300 -4 UNCLASSIFIED FILL 6 300 -4.1 General 6 SECTION 305 PILE DRIVING AND TIMBER CONSTRUCTION 7 305 -2 TIMBER STRUCTURES AND TIMBER CONSTRUCTION 7 305 -2.7 Pipe and Board Assembly 7 305 -2.8 Backdrain System 8 f . \uscrslpbw \shared\contracts \fy 03- 04\harbor view nature park slope repair c- 3567\specs index c- 3567.doc 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT • SP 1 OF 8 CONTRACT NO. 3567 moo., 1 SPECIAL PROVISIONS INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. P- 5186 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1994 edition), including Supplements; and (4) the Standard Specifications for Public Works Construction (1997 edition), including supplements. The Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. 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 stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE. Add to this Section, "Work necessary for the completion of this contract includes clearing, grubbing, grading, compacting, and constructing three rows of pipe and board wall with subdrains and a downdrain within and upon an approximate 6000 square foot slope as indicated on the Plans." SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this Section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 0 0 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 SP2OF8 To the sum of the costs and markups provided for in this Section, 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 applies to work in excess of the estimated quantities shown in the Proposal." SECTION 6 - -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this Section, "The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. The schedule shall be bar chart or CPM style. No construction shall begin until all contract documents have been approved by the City, a "Notice to Proceed" has been issued by the Engineer, a pre- construction meeting has been held with the Engineer, and a schedule of work has been approved by the Engineer. 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. The term "work" as used herein shall include clearing and grubbing, grading, constructing the improvements, cleaning the worksite to the satisfaction of the Engineer, etc." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this Section, "The Contractor shall complete all work under this contract within 20 consecutive working days, but not more than 30 consecutive working days after the date of the "Notice to Proceed ". The Contractor shall 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." • SP3OFB 6 -7.2 Working Days. Revise 3) to read, "any City holiday, defined as January 1s', 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 24`h (' /2 day for Christmas Eve), December 25" (Christmas), and December 31" (% day for New Year's Eve). If January 1s', July 4'h, November 11th or December 25'h falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 8:00 a.m. to 4:30 P.M. Monday through Friday. Should the Contractor elect to work outside normal working hours, he must first obtain special permission from the Engineer. The request may be for 4:30 P.M. to 6:30 P.M. on weekdays or 8:00 A.M. to 6 P.M. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $55.00 per hour when such time periods are approved. SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this Section, "If the Contractor elects to use the City's water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage, repair charges for damage to the meter, etc. All water used during construction shall be paid for by the Contractor." 7 -8.6 Water Pollution Control. Add to this Section, "Surface runoff water containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into the streambed, Newport Harbor, or the ocean." 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. Add to this Section, "The Contractor may use asphalt and portland cement concrete trails and roadways in Harbor View Nature Park to access the work site. Prior to and during construction, the City will shut off irrigation systems in an effort to dry up the subgrade below the trails and roadways; however, the Contractor shall be solely responsible for repairing damage to trails, roadways, bridges, sprinkler systems, etc., that was caused by his work." 7 -10 PUBLIC CONVENIENCE AND SAFETY • SP4OF8 7 -10.1 Traffic and Access. Add to this Section, "The Contractor may close public access to trails and roadways in Harbor View Nature Park during construction. Such closures will require the Contractor to provide traffic controls (signage, barricades, etc.) in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. The Contractor's signage and barricade plan shall be submitted to the Engineer for his approval prior to the start of construction." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may be stored in Harbor View Nature Park, streets, or sidewalk areas subject to prior approval of the Engineer." 7 -10.4 Public Safety 7- 10.4 -1 Safety Orders. Add to this Section, "The Contractor shall be solely responsible for conditions of the jobsite, including safety of all persons and property during performance of the work. The Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer 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 -15 CONTRACTORS LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" or Specialty Earthwork and Paving Contractor C -12 License. At the start of work and until completion of work, the Contractor shall possess a Business License issued by the City. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be updated and submitted to the Engineer at the time each progress bill is submitted. Upon completion of the project, the Contractor shall provide "As- Built" corrections upon a copy of the Plans. The "As- Built" correction plans shall be submitted to the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. I : •• • 9 -3 PAYMENT • SP5OF8 SECTION 9 - -- MEASUREMENT AND 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 therefor. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. 9 -3.2 Partial and Final Payment. Add to this Section, 'Partial payments for mobilization shall be made in accordance with Section 10264 of the California Public Contract Code." 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 Contractor shall meet with the Engineer to mark out the area of clearing and grubbing and soil removal, scarification, conditioning and recompaction. The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications, except as modified and supplemented herein. The Contractor shall remove clearing and grubbing vegetation, debris or other deleterious material from the jobsite at the end of each work week. The Contractor is responsible for pruning and removing tree roots that interfere with the work. The Contractor shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. If the Contractor encounters large tree roots, he shall cease work at that location and immediately contact the City's Urban Forester, John Conway, at (949) 644 -3083 for inspection. • • SP6OF8 300 -2 UNCLASSIFIED EXCAVATION 300 -2.1 General. Add to this Section, "Temporary excavations to a depth of 4 feet vertically may be made without shoring, subject to a verification of safety by the Contractor. Deeper excavations shall be braced, shored or sloped no steeper than 0.75:1 horizontal to vertical. No surcharge load shall be permitted within 5 feet from the top of the cuts. Excavation and fill compaction next to the private property wall footing shall be made in slot cuts as scheduled by the Contractor. The slot cuts shall be less than 10 feet wide and shall be made in an A -B -C sequence. The slope may experience erosion caused by rainfall and surface runoff during construction; accordingly, the Contractor shall protect the slope, temporary excavations, etc., from rainfall infiltration and runoff during construction. Prior to construction, the Contractor shall develop and submit to the Engineer for approval a contingency plan to provide prompt temporary protection against erosion or sloughing. One method would be to place plastic sheeting over the slopes. Final slope irrigation, planting and protection will be provided by others after the work under this contract is completed in the Engineer's judgment. 300 -4 UNCLASSIFIED FILL 300 -4.1 General. Add to this Section, "The onsite soils are considered acceptable for use as compacted fill, provided that they are cleared of vegetation, organic topsoil, man -made structures, oversize materials greater than 6- inches in maximum dimension, and other deleterious materials. Imported soil shall be subject to the same constraints and shall be evaluated and approved by the Engineer. Samples of imported soil shall be provided to the Engineer for approval a minimum of 48 hours before they are to be brought onsite. Fill shall be moisture - conditioned and recompacted to a minimum of 90% of the maximum dry density and a minimum of 125% of the optimum moisture content per ASTM D1557 -00. Moisture conditioning may require watering, aeration, blending and /or mixing to obtain uniformly processed material. Fill shall be laced in lifts not exceeding 8 inches in loose thickness. Each layer shall be spread evenly and shall be thoroughly mixed during spreading to attain uniformity of material and moisture in each layer. Compaction equipment shall be adequately sized and shall be either specifically designed for soil compaction or of proven reliability to efficiently achieve the specified degree of compaction. In areas to receive pipe and board backfill, the excavation bottom shall be scarified to a minimum depth of 6 inches, moisture conditioned, and recompacted to a minimum of 90 % of the maximum dry density per ASTM D1557 -00. • SP7OF8 The upper 12 inches of loose surficial soils downslope of the pipe and board shall be scarified, moisture conditioned and recompacted in place to 90% of the maximum dry density and a minimum of 125% of the optimum moisture content per ASTM D1557 -00; however, given the relatively steep slope inclination, a somewhat less relative compaction may be acceptable, as approved by the Engineer during construction. Earthwork shall be performed under the observation and testing of the Engineer. Field tests to check the fill moisture and degree of compaction shall be performed at the Engineer's discretion. In general, tests will be taken at an interval not exceeding 2 feet in vertical elevation and /or 100 cubic yards of fill that is placed." SECTION 305 -- -PILE DRIVING AND TIMBER CONSTRUCTION 305 -2 TIMBER STRUCTURES AND TIMBER CONSTRUCTION 305 -2.7 Pipe and Board Assembly. Pipe and board rows shall be constructed at spacing not to exceed 5' horizontally in sequence from the lowest elevation to the top of slope. The backfill for pipe and board rows shall be compacted to 90% of the laboratory determined maximum dry density per ASTM D1557 -00. A bench of compacted fill shall be constructed at the top in order to provide support for the private property wall footing and to provide access for slope maintenance. The bench shall extend away from the wall for a horizontal distance 2 to 3 feet, as adjusted for safety or for geotechnical considerations, and shall direct drainage away from the slope. The bench shall be supported by pipe and board as shown on the plans. The pipe and board assembly shall consist of seamless galvanized steel pipe placed vertically in the slope and a wall of pressure treated or redwood lumber placed on the uphill side of the pipe. Pipe shall be driven to full length or refusal, whichever is less. Refusal is defined as a penetration rate of less than 1 foot vertically in 3 minutes using a pneumatic hammer (50 pounds /blow @ 1400 blows /minute). Pipe shall be connected to boards using U -bolts which do not penetrate the pipes. Boards shall be cut to 10 foot lengths, placed lengthwise in staggering rows, and overlapped 50 %. Boards shall be pressure treated or redwood rough sawn 2 "x8" timber. The tops of the pipe and board assembly shall be buried under 12 inches maximum of soil cover to minimize the potential of exposure. Backfill between pipe and board assembly shall be compacted to 90% as specified above. Where a corner is encountered along a row of pipe and board, the boards may overlap and an additional pipe will not be required. 0 SP8OF8 305 -2.8 Backdrain System. A backdrain system shall be installed to drain any water that may collect behind each pipe and board assembly. The system shall consist of a 4 -inch diameter perforated Schedule 40 PVC pipe continuously enclosed in a minimum of one cubic foot per foot of pea gravel wrapped in filter fabric (Mirafi 140N or equal). Perforated pipe shall be laid at the bottom of the pea gravel wrap with perforations laid downward. The pipe and pea gravel backdrain system shall be placed behind the bottom board at a gradient of 2 %. The backdrain pipes shall be connected to a 4 inch diameter solid Schedule 40 PVC downdrain pipe. The downdrain pipe shall outlet into the creek at the toe of slope. F'. \USERS \PBW\Shared \Contracts \FY 03 -04 \HARBOR VIEW NATURE PARK SLOPE REPAIR C- 3567 \SPECS C- 3567.doc 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT C3�) C -3567 Agenda Item No. i i August 12, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Y FNi (;ji f C9uii Ca__•_•. FROM: Public Works Department Qrvo a.t,' +�1ct.. s gat .- ...-�....... -- -. _...._ Lloyd Dalton, P.E. 949 -644 -3328 Idalton @city. newport- beach.ca.us SUBJECT: HARBOR VIEW NATURE PARK SLOPE REPAIR — AWARD OF CONTRACT NO. 3567 RECOMMENDATIONS 1. Approve the plans and specifications. 2. Affirm the Categorical Exemption. 3. Award Contract No. 3567 to Popular Paver Rental for the Total Bid Amount of $97,645, and authorize the Mayor and the City Clerk to execute the contract. 4. Establish an amount of $20,000 to cover the cost of unforeseen work. DISCUSSION: At 11:00 AM on July 30, 2003, the City Clerk opened and read the following bids for this project: Bidder Total Bid Amount Low Popular Paver Rental $97,645.00 2 E. A. Mendoza Inc. $98,100.00 3 Brongo Construction $117,220.00 4 Big Ben, Inc. $130,000.00 5 PALP, Inc., DBA Excel Paving Company $146,914.20 6 Buso Constructors, Inc. $149,830.00 The low total bid amount is 19% below the Engineer's Estimate of $120,000. The low bidder, Popular Paver Rental, possesses a General Engineering Classification "A" contractor's license as required by the project specifications. Popular Paver Rental's references are acceptable; however, they have not completed similar work for other Southern California agencies. This project provides for constructing the following items of work on a hillside within the City's Harbor View Nature Park (see attached Vicinity Map): 1. Clearing, grubbing, grading, and compacting a 90' by 70' approximate area of 1'/= horizontal to 1 vertical slope adjacent to private property. SUBJECT: Harbor View Nature F er Slope Repair —Award of Contract No. 3567 • August 12, 2003 Page: 2 2. Installing three rows of 'pipe and board' stabilizing wall within the area, complete with subdrains and a downdrain. 3. Covering the entire installation with compacted soil. This work is needed to restore a surficial slope failure that occurred about the time of the 1996 -97 El Nino storms. The work will necessitate: 1. Shutting off irrigation in the park so that the subgrade soil will dry up and provide, adequate support for the contractor's work vehicles. 2. Closing the portion of the park adjoining the work site for the duration of work. 3. Using manual labor to complete the work upon a very difficult site. The contract requires that all work be completed within 20 consecutive working days, such that all work may be finished before the end of November. Normal working hours are 7:00 am to 4:30 pm, Monday through Friday. Plans, specifications and estimate (PS &E:) were prepared by Zeiser -Kling Consultants (geotechnical); Dewan, Lundin & Associates (topographic surveying and mapping); and by Public Works Department. Upon completion of the contract work, General Services Department will re- establish the irrigation system, re -plant the slope, and install a surface matting to protect the slope until the re- planting is established. Environmental Review: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1 of the CEQA Implementing Guidelines. This exemption covers the repair, maintenance and minor alteration of existing facilities involving no expansion of use beyond that existing at the time of determination. A Categorical Exemption was prepared by Public Works Department and filed with the County Clerk. Funding Availability: Funds are available for award and unforeseen work in the following account: Account Description Account Number Amount Miscellaneous Slope Repairs 7014- C5100508 $117,645 Respectfully submitted, PUBLIC WO KS D15PARTMENT Stephen G. Badum, PE, Director Lloyd Dalton, Design Engineer Attachments: Bid Summary Vicinity Map GENERAL SERVICES DEPARTMENT David E. Niederhaus, Director r T Z U W a� W IL m a LL ui 00 a Y W M Z LL 0 fi U m a _ m U E ,6 w .. o m < p m w U � F m N u D O M O Y O W Q ) Y V 7 U u O w U mU Z w `w O Q a Q 0 m U n O a° J � } D m m Y A a a 3 a `c r x 6i Lu �w CO F C7 zwa U W wU W _ Z w ' DZ of Ewa NMI �o �m 9_ c m -JNJMJVJ� 0 Z N • m a 0 0 0 0 0 0 o X 0 0 0 0 0 0 O N Z 0 0 0 0 0 0 O O O O O to W Q O O ¢ � c 0 U 0 0 00 0 0 N F- 0 0 0 0 0 d 0 O 0 �n 0 N = Z O O N O N 0 m 7 'i W N H O O O O d O 0 O 0 N 0 O O N Z Q N M O 4 m m o a, 0 m r L rn rn co 10 a Q U O O Q O O O W W O N M y ZC6 N F 7 OD V n O O N N N N m a %SCALE PROJECT/ o� �o G �9 TG ��--f ❑ SAN /i F0 A O,p T otio� 9X LOCATION MAP HARBOR VIEW NATURE PARK SLOPE REPAIR