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C-3648 - Balboa Island Pavement Repair, Phase III - Crystal, Abalone North of Park Avenue
CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC March 9,2005 Nobest, Inc. P. O. Box 874 Westminster, CA 92684 Subject: Balboa Island Pavement Repair, Phase III - Crystal, Abalone North of Park Avenue (C -3648) To Whom It May Concern: On March 9, 2004, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond should have been released on April 19, 2004, but the Faithful Performance Bond was released instead and in error. Enclosed is the Labor & Materials Payment Bond, bond number CE 0112. Sincerely, LaVonne M. Harkless, MMC City Clerk cc: Public Works Department Stephen Luy, Associate Civil Enb eer enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 - www.city.newport- beach.ca.us CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND PAVEMENT REPAIR, PHASE 111 - CRYSTAL - ABALONE NORTH OF PARK AVENUE CONTRACT NO. 3648 BOND NO. CE 0112 PREMIUM, INCLUDED LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to NOBEST, INCORPORATED, hereinafter designated as the "Principal," a contract for construction of BALBOA ISLAND PAVEMENT REPAIR, PHASE III - CRYSTAL - ABALONE NORTH OF PARK AVENUE , Contract No. 3648 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3648 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, CONTRACTORS BONDING AND INSURANCE COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of one hundred ten thousand and 00/100 Dollars ($110,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court. as required by the provisions of Section 3250 of the Civil Code of the State of California. 26 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 7TH day of OCTOBER 2003. NOBEST, INCORPORATED (Principal) CONTRACTORS BONDING AND INSURANCE COMPANY Name of Surety Authorized Agent Signature 111 PACIFICA NO. .350 IRVINE, CA 92618 Address of Surety 949 -341 -9110 Telephone LINDA D. COATS, ATTORNEY IN FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On October 7, 2003 Date before me, Kay E. Anderson /Notary Public Name aH Tat d Oa"iaar (e.g.. 'Jane foe. Notry Pudk-) personally appeared Larry Nodland Names) d sgrcrls) U personally known to me–OR –❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/hey executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), KAY E. ANDERSON or the entity upon behalf of which the person(s) acted, ac ' COMM. 41H304878 executed the instrument. a :! rroTUrracieuc- catxaau x 2 eS OftA1K�0001flY e1 f�pp �, q»13 Zp06 WITNESS my h ad i eal. � OPTIONAL / Though the information below is not required by law, it may prove valuable t persons relying on the document and could prevent fraudulent removal and reattachment of this forth to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 69 ❑ Individual Corporate Officer Title(s): President Partner —❑ Limited ❑ General Attomey -in -Fact Trustee Guardian or Conservator a Other. Signer Is Representing: Top of thumb here Signer's Name: J ❑ ❑ Number of Pages: Individual Corporate Officer Title(s): Partner —❑ Limited ❑ General Attomey -in -Fact Trustee Guardian or Conservator Other. Signer Is Representing: RIGHTTHUMBPRIHT OF SIGNER 0 1995 Niooa N=q Aswoaeon • UM Ra Aw.. P.O. Boa 7194 • Canoga Pak CA 913$718A Pma No. 5907 Reor6er. Caa TdFFree 12068166@7 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California County of ORANGE On OCT 0 7 2003 Date personally appeared I ss. before me, CHRISTINE N. RAPP, NOTARY PUBLIC Name and T le of Officer (e.g.. 'Jana Doe, Notary Pubfk') LINDA D. COATS �, �...�C— HRISTINE Ni. RAPP1 " '� � NOTARY PUBLIC - CALIFOi2NIA 31 e�`��.� ^m' ORANr.�E COUNTY , t.,, My Comm. Ezp. Juty 9, 2004 [R 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. WI ESS my hand and official se Place Notary Seal Above Signature of Not ry uelic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer Signer's Name: Number of Pages: ❑ Individual Top of thumb here ❑ Corporate Officer — Tdle(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: DIM Netienel Ndary A¢eagetlm• Me De Sob AV., P.O. Box2 •Claamem, CA 813132/02 •vww.natloneewleryory Pmd NP.5 RaWar. Cal TNI {,ee t� CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC April 19, 2004 Nobest, Incorporated P.O. Box 874 Westminster, CA 92684 Subject: Balboa Island Pavement Repair, Phase III - Crystal - Abalone North of Park Avenue (C -3648) To Whom It May Concern: On March 9, 2004, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on March 15, 2004, Reference No. 2004000207806. The Surety for the contract is Contractors Bonding and Insurance Company, and the bond number is CE 0112. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, CMC City Clerk cc: Public Works Department Stephen Luy, Associate Civil Engineer 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 9 10 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND PAVEMENT REPAIR, PHASE III - CRYSTAL - ABALONE NORTH OF PARK AVENUE CONTRACT NO. 3648 BOND NO. CE 0112 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 1,100.00 being at the rate of $ 10.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to NOBEST, INCORPORATED, hereinafter designated as the "Principal ", a contract for construction of BALBOA ISLAND PAVEMENT REPAIR, PHASE III - CRYSTAL - ABALONE NORTH OF PARK AVENUE, Contract No. 3648 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3648 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and CONTRACTORS BONDING AND INSURANCE COMPANY duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of one hundred ten thousand and 00/100 Dollars ($110,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 28 0 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the worts to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 7TH day of OCTOBER 2003. NOBEST, INCORPORATED (Principal) CONTRACTORS BONDING AND INSURANCE COMPANY Name of Surety 111 PACIFICA SUITE 350 IRVINE, CA 92618 LINDA D. COATS, ATTORNEY IN FACT Address of Surety Print Name and Title 949- 341 -9110 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 CALIFORNIA ALL- PURPdff°. ACKNOWLEDGMENT n5e- .i= r.�-- r.,�^.Fr� State of California County of Orange On October 7, 2003 before me, Kay E. Anderson /Notary Public Name mi TAe of Off r(a.¢. "Ja Doe. Nosy PLbre) personally appeared Larry Nodland Names( of SVAN(s) C3 personally known to me – OR – ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), ..,....a,...® or the entity upon behalf of which the person(s) acted, KAY E MDERSO� executed the instrument. COMM. #1804678 ' A WITNESS mmyhan fficial seal. (� OPTIONAL ' Though the information below is not required bylaw, it may prove valuable rsons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Contract Bond Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ■ ■ ■ ■ Individual Corporate Officer Title(s): President Partner —❑ Limited ❑ General Attomey -in -Fact Trustee Guardian or Conservator �- Other. Signer Is Representing: Top of thumb here Signer's Name: Number of Pages: Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attomey -in -Fact Trustee Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 f995 NwwW Noury � - 8M RMMIaI A-a., P.O. 90: 7164 • C+^ Pa CA 91709.7184 P o No. 5907 Pa .. Cae Td Fm 1 d 76-=7 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of ORANGE ss. On nCT 0 7 2003 , before me, CHRISTINE N. RAPP, NOTARY PUBLIC Date Name and Title d Officer (e.g., 'Jane Dca, Notary Public ") personally appeared LEA D. COATS Name(s) of Signers) Q • , CHRISTINE M. RAPPi Q COMM. #1267189 D Q NOTARY PUBLIC- CALIFORNIA X ORANGE COUNTY My Comm. Exp. July 9,20D4 (3 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WI NESS my and and official se I. Race Notary Seal Above Sgred.. of N. te Pubic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): _ ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 6,M Native) NNan Apeod — 93abDesaroA...P.O. Pca Ne. s6aT Raonm,.. WI Te6Fme t AW8I68B9 RECORDING REQUESTED BY ANb WHEN RECORDED RETURN TO: 04 l r 22 r19 :4j City Clerk Cit�r of Newport Beach 3300 New�pport Bouulevard Newport Beach ',R 92663 Ei Recorded in official Records ' County of Orange Tom Daly, Clerk- Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIiIIIIiIIIIIIIIIIIIIIIIIIIIIIIIIIiIIIIINO FEE 200400020780610:09am 03/15/04 110 67 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Nobest. Inc., of Westminster California, as Contractor, entered into a Contract on October 14, 2003. Said Contract set forth certain improvements, as follows: Balboa Island Pavement Repair, Phase III — Crystal. Abalone North of Park Ave. (C -3648) Work on said Contract was completed on February 17. 2004, and was found to be acceptable on March 9, 2004, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract Is Contractors Bonding and Insurance Company. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. �'j Executed on / /"" ��i a 00 , at Newport Beach, California. BY 6edG_A� City Clerk ,! S (38/10�j -k ") C, -3koys CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. ° March 9, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department R.Gunther, P.E. 949 - 6443311 rgunther@city.newport-beach.ca.us CITY OF NEWPORT BEA MAR U y y 20+04 APPRUY - SUBJECT: BALBOA ISLAND PAVEMENT REPAIR, PHASE III —CRYSTAL, ABALONE NORTH OF PARK AVENUE, COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3648 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 October 14, 2003, the City Council authorized the award of the Balboa Island Pavement Repair, Phase III Contract to Nobest Inc. The contract provided the reconstruction of concrete roadway and driveway approaches on Crystal Avenue and Abalone Avenue from Park Avenue to Balboa Avenue. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $110,000.00 Actual amount of bid items constructed: 109,312.00 Total amount of change orders: 0.00 Final contract cost: $109,312.00 The final overall construction cost was 0.63 percent under the original bid amount. No change orders were issued for the project. SUBJECT: BALBOA ISLAOAVEMENT REPAIR, PHASE III — CRYSTAL, ABA& NORTH OF PARK AVENUE, CONTRACT NO. 3648-- COMPLETION AND ACCEPTANCE March 9, 2004 Page 2 Funding Availability.: Funds for the project were budgeted in the following account: Description Account No. Amount Gas Tax 7181- C5100645 $109,312.00 Total $109,312.00 All work was completed by February 17, 2004, the scheduled completion date. Environmental Review: Categorically Exempt -under Chapter 3, Article 19, Section 15301, Class 1 (c) of the Title 14 California Code of Regulations. Exemption for maintenance of existing facilities. Public Notice: Not Applicable. Prepared by: R. Gu nlher, P.E. Construction Engineer Submitted by: m G. Badum Works Director • 0 s 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC March 10, 2004 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: 1) Balboa Island Pavement repair, Phase III — Crystal, Abalone North of Park Ave. (C- 3648); 2) Big Canyon reservoir Landscape improvements (C -3599) Please record the enclosed document and return to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, CIVIC City Clerk Enclosures 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us • RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Nobest. Inc., of Westminster California, as Contractor, entered into a Contract on October 14, 2003. Said Contract set forth certain improvements, as follows: Balboa Island Pavement Repair, Phase III - Crystal. Abalone North of Park Ave. (C -3648) Work on said Contract was completed on February 17, 2004, and was found to be acceptable on March 9. 2004, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Contractors Bonding and Insurance Company, VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on poi ate/ BY C2� " GA/nt- a, City Clerk at Newport Beach, California. f CITY CLERK CITY OF NEWPORT BEACH 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 September 2003, at which time such bids shall be opened and read for BALBOA ISLAND PAVEMENT REPAIR, PHASE III - CRYSTAL - ABALONE NORTH OF PARK AVENUE Title of Project Contract No. 3648 $130,000.00 Engineer's Estimate '.JW,p0erf -G. Badum Public Works Director Prospective bidders may obtain one set of bid documents for $10.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: "A" For further information, call Stephen J. Luy, Project Manager at (949) 644 -3330 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND PAVEMENT REPAIR, PHASE III - CRYSTAL - ABALONE NORTH OF PARK AVENUE CONTRACT NO. 3648 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND ............................................................................... ..............................5 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ......................................................... .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL..13 ACKNOWLEDGEMENT OF ADDENDA ........................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER .............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL.................................................................................... ...........................PR -1 SPECIALPROVISIONS ................................................................. ...........................SP -1 2 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND PAVEMENT REPAIR, PHASE III - CRYSTAL - ABALONE NORTH OF PARK AVENUE CONTRACT NO. 3648 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The 0 0 securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 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. 35Y Contractor's License No. & Classification Date CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND PAVEMENT REPAIR, PHASE III - CRYSTAL - ABALONE NORTH OF PARK AVENUE CONTRACT NO. 3648 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 C6gf Newport Beach, a charter city, in the prindpal Sum of TEN PERCENT Or THE TOTAL AM T OF THE BID ' Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of BALBOA ISLAND PAVEMENT REPAIR, PHASE 111 _ CRYSTAL - ABALONE NORTH OF PARK AVENUE , Contract No. 3648 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award', otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 19TH day of SEPTEMBER 2003. NOBEST INCORPORATED Name of Contractor (Principal) CONTRACTORS BONDING AND. INSURANCE COMPANY Name of Surety 111 PACIFICA NO. 350 IRVINE, CA 92618 Address of Surety 949 - 341 -9.110 Telephone LINDA D. COATS, ATTORNEY IN FACT_' Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) A.M. Best's Rating for Contra Bonding and Insurance Co • Page 1 of 1 02719 - Contractors Bonding and Insurance Co A.M. Best #: 02719 NAIC #: 37206 Best's Rating A � A (Excellent)' Financial Size Category VI ($25 million to $50 million) 'Ratings as of 0913012003 03:57:31 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 .comlratingslrating.asp ?AM 3Ni m--02719 &Refaum =02719 &Site --ra .. 09/30/2003 CALIFORNIA State of California County of Orange ACKNOWLEDGMENT On 't `960 –03 before me, Kay E. Anderson /Notary Public Data Na,1w wd Tab of OFF (e.g..'Jaa Doe. Not" PuW personally appeared Larry Nodland Name( s) U syMr(a) Bpersonally known to me – OR –❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shetthey executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), KAY E. ANDERSON -I or the entity upon behalf of which the person(s) acted, g COMM. t�1304876 > executed the instrument. < � attn►�ot � ANCaamtBgr.Jaue1�,2106 WITNESS my hand and official seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Fj7 )n7jLctC 5 �3ori7�3 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual 99 Corporate Officer Title(s): President ❑ Partner — ❑Limited ❑General ❑ Attomey -in -Fact ❑ Trustee ❑ Guardian or Conservator El Other. Top at Numb here Signer Is Representing: Signer's Name: E Individual Corporate Officer Title(s): Partner —❑ Limited ❑ General Attomey-in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER O 1M Na60nal Notary AswoNOn • 8276 RwV1 A".. P.O. Bm 7184 • Canoga Park CA @17047164 PIM No. Slim Rwtftr. Cad ToLFne 1-000-@746927 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of ORMGE I ss. 0 On SEP 19 2003 before me, MISTINE N- NAPP, NOTAU PMLIC Dale Name and Title of Officer (e.g., •Jane Doe, Notary P lelid) personally appeared LINDA D. COATS Name(s) of signers) { =CHRISTINE M. RAP_ Q COMM. #1267189 Q NOTARY PUBLIC CALIFORNU 9 ORANGE COUNTY My Comm. Up..Ady B, 2001 Place Notary seal ALove * 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. WIT�y hand and official seal ignalore of No ry P1 :lie / OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER 01999Neliore1 Ndary Aaeociemr,• 9350 De Sob,Aw..P.O. Box2ae2•Crauwo,N, CA 919132i02•wrw.natlpahghryag Prod No M7 fiewda. WTel -Free 1-0008]ebe2] f6 1, 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND PAVEMENT REPAIR, PHASE III - CRYSTAL - ABALONE NORTH OF PARK AVENUE CONTRACT NO. 3648 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work % of Number Total Bid Name: S ef/ � Address: Phone: State License Number. P� SY(/ Name: Q/UruG�![1/� S1xj��c14 S sp.G Address: Phone: State License Number. 31/4095- Name: Address: Phone: State License Number. Bi�C der 11 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND PAVEMENT REPAIR, PHASE III - CRYSTAL - ABALONE NORTH OF PARK AVENUE CONTRACT NO. 3648 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formlll Please print or type. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: 52,gr ,,47�� No. 1 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 7 0 No. 2 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. n 0 No. 4 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 1= No. 6 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 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 financ' conditions. & &G E -Liza Bidder Alwhorizeld 'on ure/Title 10 { 0 0 NOBEST INCORPORATED LIST 1. CITY OF ANAHEIM (MAINTENANCE DEPT.) Project: Concrete Replacement Contact: Craig Allen Phone: (714) 765 -6935 2. COUNTY OF LOS ANGELES DEPT. OF PUBLIC WORKS Project: Curb Ramp Replacement Contact: Ray Green Phone: (626) 458 -3122 3. CITY OF HUNTINGTON PARK Project: Street Resurfacing Contact: Pat Fu Phone: (323) 582 -6161 Ext. # 253 4. CITY OF 1�vLaNHATTAN BEACH Project: Pavement Rehab. Contact: Mike Guerrero Phone: (310) 802-5355 5. CITY OF GARDEN GROVE Project: Concrete Replacement Contact: Joe Gomez Phone: (714) 741 -5385 $1,052,000.00 S 342,500.00 S 400,000.00 S 647,700.00 S 222,000.00 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND PAVEMENT REPAIR, PHASE III - CRYSTAL - ABALONE NORTH OF PARK AVENUE CONTRACT NO. 3648 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of Oftl&f ) being firs) duly swom, deposes and says that he or she is of ZldA�T yx/C , the party making the fro egoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the and correct. l�/o$E3T =Pic, Bidder Subscribed and sworn to before me this -3A day of My Expires: & ' / 3 ' 0 S 11 [SEAL] L49KAY E. ANDERSON COWL 013OWS > aVJGECDMY 1yCann�BR�r11,7016' true 2003. • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND PAVEMENT REPAIR PHASE III - CRYSTAL - ABALONE NORTH OF PARK AVENUE Bidders CONTRACT NO. 3648 DESIGNATION OF SURETIES M 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): / I I -rA c, 350 Zky.��. CA <1 Z64 9 NSr>,Q,4a� M) L'$z- 12 PO RA )1E 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 BALBOA ISLAND PAVEMENT REPAIR, PHASE III - CRYSTAL - ABALONE NORTH OF PARK AVENUE CONTRACT NO. 3648 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name &kggE a/c. 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 f 9 /,S ZZ 17 /B Z Total dollar Amount of Contracts (in Thousands of $) zW41 I Sl /3 5Z31 No. of fatalities O Q No. of lost Workday Cases G O Z No. of lost workday cases involving permanent transfer to another job or termination of �f employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 0 1] Legal Business Name of Bidder 4/0- Business Address: 7 i711a/.sC (�4' Business Tel. No.: 7141 State Contractor's License No. and Classification: 35�'GZz 13 Title POF5))Z:� 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 CALIFORNIA ALL•PURPQW ACKNOWLEDGMENT State of California County of On 9 -30 -03 before me, Ray E. Anderson /Notary Public Due Name MW TAa d OftW (e.9.,'Ja Doe, Koury Pu06cj personally appeared Larry Nodland & Robert Nodland II Name($) d sigw($) C9 personally known to me – OR – ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislherltheir authorized capacity(ies), and that by KAY E ANDERSON his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, COMM.11304878 < executed the instrument. gDTARIrPtlslC•GUIFOw�A y }'. quNGEOOIMtY WCan�aBO JuM/3.1006 WITNESS my hd official seal, OPTIONAX, Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual N Corporate Officer Title(s): President & Secretary Partner —❑ Limited ❑ General Attomey -in -Fact Tn rctaa Guardian or Conservator Other. Signer Is Representing: RIGHT THUMBPRINT OFSIGNER Signer's Name: ❑ Individual Number of Pages: Corporate Officer Title(s): Partner —❑ Limited Attomey -in -Fact Trustee ❑ General Guardian or Conservator Other. Signer Is Representing: RIGHT "'J"13PRINT OF SIGNER 0 1995 HwAr al Newry Aaaooakm • 8298 Pam Are.. P.O. Boa 7194 • CWmp Puk, DA 91209-7194 Poa Na 5907 Resider. Cad T9 Fm 1200,8768827 9 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND PAVEMENT REPAIR, PHASE III - CRYSTAL - ABALONE NORTH OF PARK AVENUE CONTRACT NO. 3648 ACKNOWLEDGEMENT OF ADDENDA Bidders name DOLf� 22< The bidder shall signify receipt of all Addenda here, if any: S 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO.3648 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: Business Telephone and Fax Number: al-Y-2 hy2 —.iY 3 California State Contractor's License No. and Class: (REQUIRED AT TIME OF AWARD) Original Date Issued: yYhg Expiration Date: %1/14 V 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: 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 A - Telephone � 9 Corporation organized under the laws of the State of __��•�L1�f� 16 -S�Y83 S�3 • 0 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: 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. A& Have you ever failed to complete a project? If so, explain. A0 For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.) ?Yes /0 Are any claims or actions unresolved or outstanding? Yes / J) 17 0 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. Bidder (Print t name of Owner or President of Corporation /Company) \ Date Subscribed and sworn to before me this 367" day of S EPTEjL1 E3ER 2003. [SEAL] KAY E. ANDERSON rioanaeo.�..u��o6 ea? 61"A&ZL� 18 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND PAVEMENT REPAIR, PHASE III - CRYSTAL - ABALONE NORTH OF PARK AVENUE CONTRACT NO. 3648 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 19 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND PAVEMENT REPAIR, PHASE III - CRYSTAL - ABALONE NORTH OF PARK AVENUE CONTRACT NO. 3648 CONTRACT THIS AGREEMENT, entered into this 74th day of October, 2003, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and NOBEST, INCORPORATED, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: BALBOA ISLAND PAVEMENT REPAIR, PHASE 111 - CRYSTAL - ABALONE NORTH OF PARK AVENUE Project Description 3648 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, Bidders 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. 3648, 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. go 0 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of one hundred ten thousand and 00/100 Dollars ($110,000.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Stephen J. Luy (949) 644 -3330 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: Nobest, Incorporated P.O. Box 874 Westminster, CA 92684 714 - 892 -5583 714 - 373 -0039 Fax Contractor, by executing this Contract, "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 0 0 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as; a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto' and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self - insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 22 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 23 0 0 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. I. 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. rV 0 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. CITY CLERK APPROVED AS TO FORM: MY W59 / / 25 CITY OF NEWPORT BEACH AN 0 NOBEST, INCORPORATED M Lure and )-JorsLj"-C >- 7-9ES CALIFORNIA State of California County of Orange ACKNOWLEDGMENT On October 7, 2003 before me, Ray E. Anderson /Notary Public Date Rana aW TIM al Otto (e.g.. -Jaw Dw. Notary PuW personally appeared Larry Nodland Name(s) al Squo(a) lI personally known to me – OR – ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. KAY E. ANDERSON a � COMM. #1304878 a a rgT�mtveuo•caurottwt y WITNESS my hand and official seal. wcomme Zoos K �: OPTIONAL Though the information below is not required by law, it may prove valuable t arsons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Contract Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual M Corporate Officer Title(s): President Partner — ❑ Limited ❑ General Attomey -in -Fact Trustee Guardian or Conservator Other. Signer is Representing: RIGHT THUMBPRM OF SIGNER Signer's Name: LS N ❑ Attomey-in•Fact Trustee El Guardian or Conservator Cl Number of Pages: Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Other. _ Signer Is Representing: RIGKr THUMSPRItTr OF SIGNER 0 IM Namur Notary Aixoaaon. aM5 tleoanM Av . P.O. Bm 7184 • Cawga Para. G 913M7184 Poi No. 5507 RaenJar. Caa Ta"R I- M4768827 0 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL BALBOA ISLAND PAVEMENT REPAIR, PHASE III - CRYSTAL -ABALONE NORTH OF PARK AVENUE CONTRACT NO. 3648 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. 3648 in accordance with the Drawings and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization @TW'j(fOUSM6 (1CA/ Dollars and cr #0 Cents Per Lump Sum 2. Lump Sum Traffic Control Dollars 1/ and M� Cents 000 $ 3,aaa Per Lump Sum 19,550 S.F. Remove and Construct 8 -Inch Thick P.C.C. Roadway @ F,y c Dollars and kk Cents $ 5 $ !7 7s0 ag Per Square Foot 0 4P PR2of2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 300 S.F. Remove and Construct 6 -Inch Thick P.C.C. Driveway Approach @ FOU A- Dollars and Co— co AJO Cents $ V $ 12,0o Per Square Foot 5. Lump Sum Traffic Striping @ T'Ly0 T f0uW0 Dollars and 4V aQ 6 Cents 4.000 $ a0O Per Lump Sum 6. Lump Sum Survey @ [1DU ' WUSAuD Dollars I and 49 00 Ala Cents $ y� 040 Per Lump Sum TOTAL PRICE IN WRITTEN WORDS and Cents Date 71v 6V2 - 5S83 .3 ,73 X35' Bidder's Telephone and Fax Numbers �S5G2 z 19- Bidder's License No(s). and Classification(s) $ % /OF aoo , Total Price (Figures) Bidder P-1:>, Bidder's Address 0 Zz�$ PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS BALBOA ISLAND PAVEMENT REPAIR, PHASE III — CRYSTAL — ABALONE NORTH OF PARK AVENUE CONTRACT NO. 3648 INTRODUCTION PART 1--- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 1 2 -6 WORK TO BE DONE 1 2 -9 SURVEYING 1 2 -9.3 Survey Service 1 2 -9.6 Survey Monuments 2 SECTION 3 CHANGES IN WORK 2 3 -3 EXTRA WORK 2 3 -3.2 Payment 2 3 -3.2.3 Markup 2 SECTION 4 CONTROL OF MATERIALS 2 4 -1 MATERIALS AND WORKMANSHIP 2 4 -1.3 Inspection Requirements 2 4 -1.3.4 Inspection and Testing 2 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 3 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 3 6 -7 TIME OF COMPLETION 3 6 -7.1 General 3 6 -7.2 Working Days 4 6 -7.4 Working Hours 4 6 -9 LIQUIDATED DAMAGES 4 0 .I SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 4 7 -7 COOPERATION AND COLLATERAL WORK 4 7 -8 PROJECT SITE MAINTENANCE 4 7 -8.5 Temporary Light, Power and Water 4 7 -8.6 Water Pollution Control 5 7 -8.6.1 Best Management Practices and Monitoring Program 5 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 5 7 -10.1 Traffic and Access 5 7 -10.2 Storage of Equipment and Materials in Public Streets 5 7 -10.3 Street Closures, Detours, Barricades 6 7 -10.4 Public Safety 6 7- 10.4.1 Safety Orders 6 7 -10.5 "No Parking" Signs 7 7 -10.6 Street Sweeping Signs 7 7 -10.7 Notice to Residents and Temp Parking Permits 7 7 -15 CONTRACTOR LICENSES 7 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 8 SECTION 9 MEASUREMENT AND PAYMENT 8 9 -3 PAYMENT 8 9 -3.1 General 8 9 -3.2 Partial and Final Payment 9 PART 2--- CONSTRUCTION MATERIALS SECTION 201 CONCRETE MORTAR AND RELATED MATERIALS 9 201 -1 PORTLAND CEMENT AND CONCRETE 9 201 -1.1.2 Concrete Specified by Class 9 PART 3--- CONSTRUCTION METHODS SECTION 300 EARTHWORK 9 300 -1 CLEARING AND GRUBBING 9 300 -1.3 Removal and Disposal of Materials 9 300 -1.3.1 General 9 300 -1.3.2 Requirements 10 300 -1.5 Solid Waste Diversion 10 SECTION 302 ROADWAY SURFACING 10 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 10 302 -6.6 Curing 10 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 10 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 10 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 10 303 -5.1.1 General 11 303 -5.5 Finishing 11 303 -5.5.2 Curb 11 303 -5.5.4 Gutter 11 SECTION 310 PAINTING 11 310 -5 PAINTING VARIOUS SURFACES 11 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 11 310 -5.6.7 Layout, Alignment and Spotting 11 310 -5.6.8 Application of Paint 11 0 0 CITY OF NEWPORT BEACH i� //(4 PUBLIC WORKS DEPARTMENT 1 �I�JJNo. SPECIAL PROVISIONS C ;W- OF PARK AVENUE CONTRACT NO. 3648 INTRODUCTION 12 All work necessary for the completion of this contract shall be done in accord with (1) these Special Provisions; (2) the Plans (Drawing Nos. R- 5830 -S and T- 5912 -L); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1994 edition), including Supplements; (4) Standard Specifications for Public Works Construction (1997 edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 -517- 0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of removing existing roadway and driveway approaches, and constructing new PCC roadway, driveway approaches, and other incidental items of work." 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize /follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The filing of a Comer Record and /or a Record of Survey with the County Surveyor's Office is required after the Work completion. LJ 0 SP2OF12 All existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and /or monuments damaged by the Work." 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall have the affected survey monuments restored per records, at his expense. The Contractor's Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4--- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in E • SP3OF12 the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. SECTION 6 - -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed." The Contractor shall work on one street at a time and not begin construction on the second street until the first street is opened to traffic. No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within twenty consecutive working days after the date on the Notice to Proceed. No work shall begin until January 5, 2004. " It shall be the Contractor's responsibility to ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." • • SP 4 OF 12 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 15',' 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 4", the first Monday in September (Labor Day), November 11" (Veterans Day), the fourth Thursday in November (Thanksgiving), December 24'", (Christmas Eve — half day), December 25" (Christmas), and December 31s`(New' Year's Eve — half day). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 8:00 a.m. to 4:30 P.M. Monday through Friday. Should the Contractor elect to work outside normal working hours, he must first obtain special permission from the Engineer. The request may only be for 4:30 P.M. to 6:30 P.M. on weekdays or 8:00 A.M. to 6 P.M. on Saturday. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $60.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7.1 for completion of the work, as adjusted in accordance with subsection 6 -6, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $750. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $750 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time." The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -8 PROJECT SITE MAINTENANCE 7-8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." • • SP5OF12 Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin or Newport Harbor." 7 -8.6.1 Best Management Practices and Monitoring Program. The contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance, failure of the contractor to follow BMP will result in immediate cleanup by City Forces and the back charging of the contractor for all costs plus 15 percent. 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. Add to this section: "In locations where a driveway approach is to be reconstructed, protect existing adjacent private improvements in place. Should any damage to adjacent private improvements result, the Contractor shall repair that damage to the satisfaction of the City." 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accord with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc. Pedestrian access to all residences within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all whose access will be impacted by construction operations. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction. Such measures shall be shown on the traffic control plans (see Section 7- 10.3)." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre - construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." • • SP 6 OF 12 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plan(s) for each street. The Contractor shall be responsible for processing and obtaining approval of a traffic control plan from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. All traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), 2001 Edition. The Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. The traffic control and detour plans must meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and /or lighted. 4. Vehicle access to and from residences, including parking, may be limited or closed during working hours, with the Engineer's approval. 5. Access to areas of Little Balboa Island North of Park Avenue shall be maintained at all times. If approved by the Engineer, the Contractor may cover all ONE WAY type signs adjacent to the construction to allow better ingress, egress, and parking during the construction. These signs shall be uncovered immediately after they are no longer needed. 6. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, Mr. William Russo, at (949) 718 -3468 and all property owners." 7. Detour routes on one -way streets will be considered as an option where applicable. Traffic detours using alleys should be kept to a minimum. 7 -10.4 Public Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. • • SP7OF12 The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division at (949) 644 -3717, for verification of posting at least forty-eight hours in advance of the need for enforcement. The signs shall be City of Newport Beach "Temporary Tow -Away, No Parking" signs and provided by the Engineer. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.6 Street Sweeping Signs. After posting temporary "NO- PARKING -TOW AWAY" signs, the Contractor shall cover street sweeping signs, on those streets scheduled for work in a manner approved by the Engineer. Immediately after construction is complete and the street is opened to traffic, the Contractor shall promptly uncover the street sweeping sings and remove the temporary "NO PARKING - TOW AWAY" signs." 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to the residents of Little Balboa Island, describing the project and indicating the limits of construction. The notice shall also clearly indicate specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. The Contractor shall insert the applicable dates and times at the time the notices are distributed. Forty -eight hours prior to the start of any construction, the Contractor shall distribute a second written notice to the residents of Little Balboa Island. Any interruption of work at any location in excess of 14 calendar days shall require re- notification. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. • • • SP8OF12 7 -16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and submitted to the Engineer at the time each progress bill is submitted. Upon completion of the project, the Contractor shall provide "As- Built" corrections upon a copy of the Plans. The "As- Built" plans shall be submitted to the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include all preparation and scheduling of materials and equipment necessary to complete the work items as required to complete the work in place. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications, temporary parking permits, and signs and shall include all other costs incurred notifying residents. In addition this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flag persons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the WATCH manual, 2001 edition, and City of Newport Beach requirements. Item No. 3 Remove and Construct P.C.C. Street: Work under this item shall include clearing and grubbing, removing P.C.C. pavement, disposing of excess material, importation of material, grading, compaction, doweling, constructing new 8- • • SP 9 OF 12 inch thick P.C.C. pavement and all other work items as required to complete the work in place. item No. 4 Remove and Construct P.C.C. Driveway Approach: Work under this item shall include removing of existing improvements and constructing the P.C.C. driveway approach per C.N.B. Std. -163 -L and all other work items as required to complete the work in place. Item No. 5 Traffic Striping: Work under this item shall include traffic striping, placing reflective markers, removing, storing and replacing any street signs and all other work as required to complete the work in place. Item No. 6 Survey: Work under this item shall include providing any and all surveying required to complete the work in place, per T- 5912 -L. 9 -3.2 Partial and Final Payment. Add to this section: 'Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE. MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: 'Portland Cement concrete for construction shall be Class 560 -C- 3250." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General. Add to this section: `The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of • • SP 10 OF 12 jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. Approximate area of removal and replacement is 20,000 square feet." 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." And replace the words 1 '/2 inch" of the last sentence with the words "two (2) inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 302 - -- ROADWAY SURFACING 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302 -6.6 Curing. Add to this section: "The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201 -1.1 -2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6 -7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." SECTION 303 -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements • SP 11 OF 12 303 -5.1.1 General. Add to this section: "Sidewalk/driveway approaches shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 303 -5.5 Finishing 303 -5.5.2 Curb. Add to this section: 'The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718 - 3402." 303 -5.5.4 Gutter. Add to this section: "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: 'The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting." 310 -5.6.8 Application of Paint. Add to this section: 'Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finishing of the roadway. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.45 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of • SP 12 OF 12 work shall require the Contractor to re- install "NO PARKING, TOW- AWAY" signs and re- notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes /covers /damages existing striping and /or raised pavement markers outside of the work area, he shall re- stripe /replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." r r f 12" WHITE @ B.C. 2 WE i� 28' �i EXISTING STRIPING I nu` DATE EXISTING STRIPING "STOP" LEGEND PER STD A24D AVENUE w �1 Z� LL1 O Z Q LL1 Q Q II CONSTRUCTION NOTES 1. ALL STRIPING DETAILS, MARKINGS, MARKERS, ETC. SHALL BE PER STATE OF CALIF. DEPT. OF TRANSPORTATION STANDARD PLANS, 1999 EDITION. 2. ALL FINAL STRIPING SHALL BE REFLECTORIZED THERMOPLASTIC jj$& 4ww4,- I ABALONE AVE @ PARK AVE & DEV. SERVICES MANAGER R.C.E. NO', 22045 1 STRIPING PLAN z 0 w Y a CITY OF NEWPORT BEACH I T- 5912 -L PUBLIC WORKS DEPARTMENT SHEET 1 OF 1 ACORDn CERTIFICAT OF LIABILITY INSUR CE ioioij2 0 PRODUCER (949)852 -0909 FAX (94 52 -1131 Milestone Insurance Brokers THIS CERTIFICATE IS IS ED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 19598 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 8 Corporate Park, Ste 130 Irvine, CA 92623 -9598 INSURERS AFFORDING COVERAGE INSURED Nobest, Inc. INSURER A, Westchester Surplus Lines I P.O. Box 874 INSURER B: Amer Cas Co of 7 Westminster, CA 92684 NSURER C: 10/01/2004 INSURER D: a Q INSURER E: COVERAGES -t'I I THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY P4R iPl .,PIOTWfTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS C�}}L1F7 I Y BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLi510NS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIOON DATE LIMITS GENERAL LIABILITY LW777O23 08/03/2003 10/01/2004 EACH OCCURRENCE $ 1,000,00( X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any we fire) $ S0,00 CLAIMS MADE EX OCCUR MED EXP (Any one Person) $ S'00 A PERSONAL& ADV INJURY $ 1.000.0001 GENERAL AGGREGATE $ 2,000,0001 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO $ 2,000,000 POLICY PRO- LOC JECT AUTOMOBILE X LABILITY ANY AUTO BUA2OS1S87213 08/03/2003 06/03/2004 COMBINED SINGLE LIMIT (Ea accident) $ 1,000.00 (per BODILY smINJURY $ B ALL OWNED AUTOS SCHEDULED AUTOS SOO COMP DEDUCTIBLE $1,000 COLL DEDUCTIBLE BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per acciderd) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGO $ ANY AUTO $ EXCESS LIABILITY RLW774S82 06/03/2003 08/03/2004 EACH OCCURRENCE $ 1,000,000 OCCUR FI CLAIMS MADE AGGREGATE $ 1.000.000 A $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TORVLIMITS I I ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE- POLICVLIMIT $ B TMER ontractors Equipment Leased/ Rented Equip. CP2OSIS87163 08/03/2003 08/03/2004 Limit $100,000 Special Form $1,000 Deductible DESCRIPTION City, ts offfi ers, officials,D &employees and volunteers are added as Additional Insureds/ Primary and non contributory per CG2O1O endorsement attached. Waiver of Subrogation applies. E: Job #I -2312, Contract #3648. Project Name: Blaboa Island Pavement Repair, Phase III, Newport each, CA. Except ten (10) days notice of cancellation for non payment of premium. CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION ACORD 25-5 (7/97) OACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Newport Beach Public Works Department Attn: Shari Rooks EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL 0=011I MAIL *3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 1:1 111 1111i I � III 11:11;11 XK1WWAtXW%%XWW=XX 3300 Newport Beach Blvd. XXXXXX AUTIIORQ P E V Newport Beach, CA 92658 ACORD 25-5 (7/97) OACORD CORPORATION 1988 OCT -28 -03 11:50 FROM - MILESTONE RISK MANAGEMENT AND INSURANCE +7148520909 T -125 P.01/01 F -123 • • COMMERCIAL GENERAL LIABILITY Policy Number: GLW77709-3 Carrier: Westchester Surplus Lines Ins. Expires: 10/01/2004 THIS ENDORSEMENT CHANGES THE POLICY - PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM 13) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART: SCHEDULE Name of Person or organization: The City, its officers, officials, employees and volunteers 3300 Newport Boulevard Newport Beach CA 92663 RE: Job #1 -2312, Contract #3648. Project Name: Blaboa Island Pavement Repair, Phase 111, Newport Beach CA (If no entry appears above, information required to complete this endorsement will Do shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only *11th respects to IiaDil'dy ans,ng out of your worle for that Insured Dy or Tor you Any aggregate limits, apply on it par project basis. The insurance afforded to" Additional Insumd is primary. It the Additional Insured has other Insurance Which is applicable to the loss on an excess of cooangettt ROOK me amount of rite Companl/s liability under this policy shall not be reduced by the existence of such otter Insurer"- CG 20101185 Copyright insurance Services Office' Inc. 1954 0 0 POLICY # GLW777023 Westchester Surplus Lines Ins. THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: City of Newport Beach 3300 Newport Boulevard Newport Beach CA 92663 RE: Job #1 -2312, Contract #3648. Project Name: Blaboa Island Pavement Repair, Phase III, Newport Beach CA SCHEDULE Name of Person or Organization: Blanket as required by written contract The County of Orange, its elected and appointed officials, officers, employees, agents and volunteers are added as Additional Insured as respects liability or claims actually or allegedly caused by, or arising out of, or resulting from the operations performed by or on behalf of the Named Insured. If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV- COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. This waiver shall not apply for occurrences resulting from the sole negligence of the person or organization shown in the schedule. R c NO 4 "104p . 00 7 f W A ar X, v" W WRAKEM.".O-0 .,MPE047 , fftu R A A "&' WOFiR C, CMTJF4A1 -F rT.y1 ;DEPT. OF PUBLIC -1 y 'F-��WOJPQffr �BEACH. jons- ............................. 330jD i�WpqrT"B C "_Vt�V T BEACH' CA 4b5$ a A T. A is.. to.oertify , have issued a Valid, Wbrkers'-Comoe nsw lnsurah form ap ji m th . . ... d Thk� policy is. not subject to cancellation by the Fund except upon ten avfe.dchianeA-W.rit4Ln ,.iio�C.Oothp' you We Will also�gtve Tgt,� eys advance nowe should this 0.olic e canbellied pporia:Wormaijax ti f,t This ge 'f d dons ' t amend - ;.�el coverage aft olic Wed h"11, lVoWthstan d _ding any �eouirernent, zerrn;�.or ropotion 4f, r of'.9tt tww'ich t Cat,6"6k dr-sha Ag kg W y��p n;�,f insu WV01,4ifforded by, WCfi des rib�d re' is ubjecit'to' elf th and dop ,!iqps of ... ... x Z,; ..... . m . N ZT1 -IMIT� tMCLUDINOK ".0.06"1- , MFEtM--��,q PEA lctullzT EMDpRSEpENT #2"70 'PS , p 1. E f Lf'D, �Wpi,j� 'RRGOA TJON Eff V -,'AEJ4T,j ER -ECT A A I Pt'i OA, FORMS Qf LIC H..'DEFIT', �co pect ... OF RE ORT BEACH A 11 4 ,i 7. A vq% .. . .. ...... Z" BACKGROUND fll OCT -23 -2003 THU 11:38 AM CAL SURANCE FAX NO, 7149391654 Fax #: CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. P. 01 /O1 Date Received: /G) C 3 Dept. /Contact Received From: S n a Lt n c� O G e-r Date Completed: /t% 3 3 " O 3 Sent to: � LLl t n GL By: 4* � 1 ( 142.- Company /Person required to have certificate: r I. GENERAL LIABILITY A. INSURANCE COMPANY: IrA5 Uttom 4 S. AM BEST RATING (A: VII or greater): �} C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes ($No D. LIMITS (Must be $1 M or greater): What is limit provided? rr\`, E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? WYes [] No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? tYes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? rEcyes [3 No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence' wording? ❑ Yes No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: c :Icuz i i (-A-, C Q ,,U_A qga A__ B. AM BEST RATING (A: VII or greater): ax- C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Vyes No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? r E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): is it included? ❑ Yes No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): /1 Is it included? ` ❑ 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. M. WORKERS' COMPENSATION A. INSURANCE COMPANY: f u n ej 8. AM BEST RATING (A: VII or greater): hDf .rk tP C C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? Yes E] No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes X-No IF NO, WHICH ITEMS NEED TO BE COMPLETED? r5-- L 2hS r cz7 na -t cD?n I Aj.:tD . A of d+ t AS nz'I"' 1r\citA /fP 1 �F . E CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT • POO (38) Agenda Item No. 8 October 14, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen Luy, Associate Civil Engineer 949 -644 -3311 sluy@ctty.newport-beach.ca.us SUBJECT: BALBOA ISLAND PAVEMENT RECONSTRUCTION PHASE III - AWARD OF CONTRACT NO. 3648 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3648 to NOBEST Inc. for the Total Bid Price of $110,000 and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $15,000 to cover the cost of unforeseen work and geotechnical and testing services. DISCUSSION: At 11:00 A.M on September 30, 2003, the City Clerk opened and read the following bids for this project: TOTAL BID AMOUNT $110,000.00 115,100.00 115,975.00 *125,375.00 132,700.00 152,545.00 162,070.00 187,650.00 Corrected Bid Amount is $125,325.00 BIDDER Low Nobest Inc. 2 E.A. Mendoza Contracting 3 Alliance Streetworks, Inc. 4 Damon Construction Co. 5 Beador Construction Co. 6 All American Asphalt 7 J.D.C. Inc. 8 Fleming Environmental TOTAL BID AMOUNT $110,000.00 115,100.00 115,975.00 *125,375.00 132,700.00 152,545.00 162,070.00 187,650.00 Corrected Bid Amount is $125,325.00 Subject: Balboa Island Paveme4nPReconstruction Phase III —Award of Contracto3648 Date: October 1, 2003 Page: 2 The low bid amount is 15 percent below the Engineer's Estimate of $130,000. The low bidder, Nobest Inc., possesses a General Classification "A" contractor's license as required by the project specifications. Nobest Inc. has satisfactorily completed similar concrete repair projects for the City. This project provides for the reconstruction of concrete roadway and driveway approaches on Crystal Avenue and Abalone Avenue from Park Avenue to Balboa Avenue. The Contractor shall complete all work in twenty consecutive working days. In order not to inconvenience the residents during the upcoming holiday season no work shall begin until January 5, 2004. Normal working hours are limited to 8:00 A.M. to 4:30 P.M. Monday through Friday. The Contractor shall work on one street at a time and not begin construction on another street until the first street is opened to traffic. Access to areas of Little Balboa Island north of Park Avenue shall be maintained at all times. Trash collection will continue on the normal schedule. Environmental Review: Categorically Exempt -under Chapter 3, Article 19, Section 15301, Class 1 (c) of the Title 14 California Code of Regulations. Exemption of maintenance of existing facilities. Geotechnical /Surrey Services: Survey services will be provided by the Contractor. A proposal for $3,524 is attached from Harrington Geotechnical Engineering, Inc. to provide geotechnical services. Funding Availability: There are sufficient funds available in the following account for the work: Account Description Gas Tax Prepared by: Stephen Luy Associate Civil Engineer Attachments: Project Location Map Bid Summary Geotechnical Proposal Account Number Amount 7181- C5100645 $125,000.00 Submitted by: Stephen G. 0* Public Works Director 07718 G7 BALBOA ISLAND CHANNEL 4 O FRONT NORTH LITTLE BALBOA ABALON ® 9 ISLAND Z U oo Pac A r FZR NEWORT CHANNEL C -3648 CITY OF NEWPORT BEACH DRAWN-EL--- DATE 9 -s PUBLIC WORKS DEPARTMENT BALBOA ISLAND PAVEMENT REPAIR, PHASE III DRAWING ND. EXHIBIT A 2 V W m H O IL W Z U- 0 LE L Z W H Q G. W D N Y v J m D CL m 0 0 N O m Q 0 ow o� ..o U v _V Imo "s OY w U « M U U Z w OH OQ J Q C U c O y m r m S; pG � O Y 6 M M N W F Q � W ~ 4 O W Z Z N 4 o w � Q W U N Z I Z CD O Z ¢ 0 w a 0 1�1 0 0 m N O W_ t0 O 1- m K Q v m a 11arrinVCOn "Cal 1fl6n=if1& Inc September 15, 2003 Mr. Steve Luy, Associate Civil Engineer Public Works Department CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92658 -8915 REAVET; SEP 1 9 2003 PUBLIC WORKS DEPARTME147 CITY OF NEWPORT BEACH Re: Cost Estimate of Geotechnical Engineering Testing Services for Balboa Island, Phase III, C -3648, Newport Beach, CA Dear Mr. Luy: As a follow -up to our telephone conversation, Harrington Geotechnical Engineering, Inc. is please to present an estimate of fees to provide the required geotechnical and materials testing services during the above - referenced project. Per our conversation, our services will be necessary on a part- time, test as directed, basis. Our services should be completed within a maximum of 5 working days. GEOTECHNICAL Field Technician with Field Testing Equipment and Vehicle Test Subgrade and casting of Concrete Cylinder Specimens -36 hours @ $70.00/hr ... $2,520.00 Laboratory 2 Maximum Density /Optimum Moisture Test @ $110.00 /ea ................... $ 220.00 9 Compression Tests - Concrete @ $26.00 /ea' .............................. $ 234.00 Office Support Engineering- Reports ................. ............................... $ 500.00 Clerical - Data report - Compression Results, Fax's, etc ....................... $ 50.00 ESTIMATED TOTAL ............. $3,524.00 'Including Sample Pick -Up Batavia Business Center, 1938 North Batavia Street, Suite N, Orange. CA 92865 (714) 6373093 • (800) 924 -7845 • FAX (714) 637 -3085 CITY OF NEWPORT BEACH September 15, 2003 Our fees will be calculated using our current fee schedule and will be based on actual time worked and tests preformed to provide the requested services. Should more or less time be required, our fees will be adjusted accordingly. We look forward to being of service again and should you require any additional information please do not hesitate to call. Very truly yours, HARRINGTON GEOTECHNICAL ENGINEERING, INC. `l 6 Don P. Harrington, Jr., R.E. . Vice President �VfV.w.a�w®�mi�[2ow Fimwal00l cow Fiwvna�cn. rAUr<. Cryaf18B �6.. W�tl1 s.ucl.,a