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HomeMy WebLinkAboutC-3649 - Newport Boulevard from 26th Street Northerly, et al. - Street RehabilitationCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC June 22, 2005 Griffith Company 12200 Bloomfield Avenue Santa Fe Springs, CA 90670 Subject: Newport Boulevard Pavement Rehabilitation from 2611' Street Northerly (C -3649) To Whom It May Concern: On June 22, 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 was released on August 9, 2004. The Surety for the contract is Travelers Casualty and Surety Company of America, and the bond number is 1042- 56652. Enclosed is the Faithful Performance Bond. Sincerely, �t � A - /�� LaVonne M. Harkless, MMC City Clerk cc: Public Works Department R. Gunther, P.E. 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 Executed in Four (4) Counterparts CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD PAVEMENT REHABILITATION FROM 26TH STREET TO 30TH STREET CONTRACT NO. 3649 BOND NO. 1042 56652 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 1,127.00 being at the rate of $ 7.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Griffith Company, hereinafter designated as the "Principal ", a contract for construction of NEWPORT BOULEVARD PAVEMENT REHABILITATION FROM 26TH STREET TO 30TH STREET, Contract No. 3649 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. 3649 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Travelers Casualty and Surety Company of America, 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 SIXTY THOUSAND, NINE HUNDRED FIFTY AND 001100 DOLLARS ($160,950.00) 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 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. " IN WITNESS =E(N this instrument Peas been duly executed by the Principal and Surety above named, on the day of arc 2004. Griffith Company (Principal) tt} dPignAitleVp /DIST MGR Travelers Casualty and Surety Company of America Name of Surety 21688 Gateway Center Drive Diamond Bar, CA 91765 Address of Surety 909 - 612 -3650 Telephone Authori ed Agent Signature Leigh McDonough, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Nfl CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles [ X personally known to me OR s�SHhRYI NAPim .. C�- smLsia-. # ':27:xm i proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. VUI �'W Sign e of Notary TRAYUM r "UALTY AND SURETY COMPANY OF AMF 'A TRAVh_�dS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford; Co memcdcot 06193-900 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-rN -FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, cotporations.doly organized under the laws of the State of Connecticut, and having their principal offices mthe City of Hartford, County of Hartford, State of Connecticut, (hereinafter the " Companies") hath made, constituted and appointed, and do by these p?r�ts matte; constitute and appoint: James. A. Schaller, Jeri Apodaca, Linda Enright, Mike Parbino, Nanette Mariella- Myers; Rhonda C. Abel, Stanley C. Lynn, Patricia H. Brebuer, Alexis H. Bryan, Leigh McDonough, of Irvine, CalHornia, their trice, and lawful.. Attoraey(s)-m- Fad; with fail power and authority hereby conferred to sign, execute and adonowledge, at any place within, the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, reeognizances, contracts of indemnity, and other writings obligatory in the natare of a bond, recognizance, or conditional undertaking and any and all consents incident'therew and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized offiows of the Companies, and all the ads of said Attorney(s)-rin- Fact, pursuant to the authority herein given, am hereby rotdod and confirmed. This appointment is made. under and by authority of the following Standing Resolutions of said Companies; which Resolutions are riDw in tO fi ace and eliect VOM.' That tore Chu warn, the President; any Vice Chairman. eery 1bwcuuve Vice President; any Senior Vice President, any Vice Prmldent, any Second Via Preddeak the Tresautec, any Assistant Treasurer; the Cotporate Secretary or any Assistant Secretary may appoint Attorneys -in Fact and Agents to act for and on behalf of the company and may give such appointee such audtority as his or her ceatificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, reagu vanes, conhacts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undetaking, and any of said officers or the Board of Directors at any time may remove any such appoatee and revoke the power given him or her. V01lb7: That the Chai nan, the President, any Via Chairman, any Executive Via president, any Senior Vice President or any Via President My delegate all or any part of the fqrcgolug authority to one or more offrcem or employees of this Company, provided that each such delegation is in waling and a copy duv*f is Seed iu ftvffim of the Sc zetary. NOT®: That any bond, ,augur zmw, can had of indemnity, or writing obligatory in the nature of a bond,,' e, or conditional wafth dog shall be valid and binding upon the,Company when (a) signed by the President, any Vice Chairmen, any Executive Vibe President, any Semis, Vice President or any Vice Ptesident, any Second Vice President, the Treaswer,.any Assistant Treasurer, the Corporete Secretary or any Assistant Secretary and duly attested and sealed with the Company's seat by a.Sea+rtary or Assistant Secretary, or (b) duly executed (under seal, if aegohed) by one or more Attorneys -m -Fact and Agents pursuant to the power presat'bed is his or her certificate or theiroattificates of mghority or by as of mom Company officers pursuant to a wrium delegation of audwrity. This Power of Attorney and Certificate of Authority is signed and. sealed by facdwile (mechanical or printed) under and by oaf WRY of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY ANb SURETY CODIPANY OF AMERICA, TRAVELERS. CASUALTY' AND SURETY COMPANY and FARMINGTON CASUALTY, COMPANYtwhich Resolution is now infoll force and a fecti V07lll7. That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice PnddaK my Assistant Vex President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any pow of Mornry onto any certificate relating ]hereto appointing Resident Via Presidents, Resident Assistant Seaaterm or Attomeye -mFad for -I' , only of executing and attesting bands sad undertakings and other writings.obligetory in the mime theieo£ and my such power of attorney or eatitiode bearing each faosimilo wpstme oz t'eadmile seal shall be valid and binding open the Company and any each pom w awcated and oatiBed by woh bcdmik signature and bcsinrle seal shall be valid and binding upon the Company in the future with rasped to say bond or tmdedeking b which it is attached. r (I1-OD 40 s IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act "). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism- related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC August 9, 2004 Griffith Company 12200 Bloomfield Avenue Santa Fe Springs, CA 90670 Subject: Newport Boulevard Pavement Rehabilitation from 261-1) Street Northerly (C -3649) To Whom It May Concern: On June 22, 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 July 2, 2004, Reference No. 2004000605894. The Surety for the contract is Travelers Casualty and Surety Company of America, and the bond number is 1042 56652. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, MMC City Clerk cc: Public Works Department R. Gunther, P.E. encl. 3300 Neu-cort Boulevard - Post, Office Box 1768 - Newpori. Beach, California 92658 -8915 Teiep;:one: ?949) 645 -30105 -Fax: (949) 645 -3039. wri.s.city.nec, Uort- beach.ca.us 0 E Executed in Four (4) Counterparts CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 3649 BOND NO. 1042 56652 Premium included in charge for.the Performance Bond LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Griffith Company, hereinafter designated as the "Principal," a contract for construction of NEWPORT BOULEVARD PAVEMENT REHABILITATION FROM 26TH STREET TO 30TH STREET , Contract No. 3649 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. 3649 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, Travelers Casualty and Surety Company of America 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 SIXTY THOUSAND, NINE HUNDRED FIFTY AND 00/100 DOLLARS ($160,950.00) 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. Ky 0 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety, from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 25th day of March 2004. Griffith Company (Principal) AIMIEdR. ANGUSI,IeVP /DIST MGR Travelers Casualty and Surety Company of America Name of Surety Authoriipd Agent Signature 21688 Gateway Center Drive Diamond Bar, CA 91765 Address of Surety 909 - 612 -3650 Telephone Leigh McDonough, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles [ X personally known to me OR proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signatu of Notary StlARM: ?TW KE Netta, ho=c ° irlfernia € s. tk^r Nt,.r - - proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signatu of Notary • • Jt✓ RECORDING REQUESTED BY AND Recorded in official Records, orange County WHEN RECORDED RETURN TO: Tom Daly, Clerk- Recorder Illllllllllllllillllllllllllll! IIIIIIIIIIIII! IIIIIIIIIIIiII !IIIIIIIIIIIIIIINO FEE City clerk 2004000605894 11. 07102104 City of Newport Beach 211 128 N12 1 3300 Newport Boulevard 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Newport Beach, CA 92663 "Exempt from recording ees pursuant to Government Code -Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Griffith Company, of Santa Fe Springs, California, as Contractor, entered into a Contract on March 23, 2004. Said Contract set forth certain improvements, as follows: Newport Boulevard Pavement Rehabilitation from 26" Street Northerly (C -3649) Work on said Contract was completed on May 28, 2004, and was found to be acceptable on June 22, 2004, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Travelers Casualty and Surety Company of America. Director in Beach VERIFICA I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on a3 aoo , at Newport Beach, California. BYV City Clerk 0 0 • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT C )8) C-36y9 Agenda Item No. j4 June 22, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY FROM: Public Works Department R.Gunther, P.E. 949 - 644 -3311 rgunther@city.newport-beach.ca.us SUBJECT: NEWPORT BOULEVARD STREET NORTHERLY CONTRACT NO. 3649 RECOMMENDATIONS: 1. Accept the work. �,. Va .. ._. , PAVEMENT REHABILITATION FROM 26T" — COMPLETION AND ACCEPTANCE OF . 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 March 23, 2004, the City Council authorized the award of Newport Boulevard Pavement Rehabilitation from 26`" Street Northerly contract to Griffith Company. The contract provided the removing of existing curb, driveway approaches, asphalt roadway, curb and gutter, cold milling the existing roadway, constructing PCC driveway approaches, curb, curb and gutter, asphalt patch back, asphalt overlays, asphalt pavement, pavement striping, and traffic loops. 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: $160,950.00 Actual amount of bid items constructed: 167,370.80 Total amount of change orders: 8,639.00 • Final contract cost: $176,009.80 SUBJECT: Newport Boulevard Paent Rehabilitation From 261° Street Northerly - Com n and Acceptance of Contract No. 3649 June 22, 2004 Page 2 The increase in the amount of actual bid items constructed over the original bid amount resulted from the need for construction of two additional access ramps and additional excavation required to complete the project. The final overall construction cost including Change Orders was 9.4 percent over the original bid amount. One Change Order in the amount of $8,639.00 provided for the replacement of sections of signal interconnect conduit, relocation of pedestrian push buttons, addition of two new pedestrian buttons, and replacement of two electrical pull boxes. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines. This exemption covers the maintenance of highways and streets with negligible expansion in areas that are not environmentally sensitive. Funding Availability: Funds for the project were expended from the following accounts: Account Description Gas Tax Account Number 7181- C5100729 Amount $176,009.80 All work was completed by the scheduled contract completion date of May 28, 2004. Prepared by: Submitted by: R. Gunther, P.E. Stephen 0. Pidurin Construction Engineer Public Works Director • • • . 0 0 4,y cWPn_ CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC June 23, 2004 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notices of Completion (C -3646, C -3654, C -3649 and C -3447) Please record the enclosed documents (4) and return to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, CMC City Clerk Enclosures 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk Ci�v of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NOTICE OF COMPLETION 6103" NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Griffith Company, of Santa Fe Springs, California, as Contractor, entered into a Contract on March _._23,004. Said Contract set forth certain improvements, as follows: Newport Boulevard Pavement Rehabilitation from 26"' Street Northe0y (C -3649) Work on said Contract was completed on May 28. 2004, and was found to be acceptable on June 22. 2004, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Travelers Casualty and Surety Company of America. PF I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on a3 aoQ at Newport Beach, Califomia. BY aU City Clerk CITY OF NEWPORT BEACH C�g)�vp q� CITY COUNCIL STAFF REPORT Agenda Item No. 16 June 8, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department CRY 0, Nc:1610'f B A6" Jessica Helfrich, Administrative Manager 949 - 644 -3311 dU4 jhelfrich@city.newport-beach.ca.us r SUBJECT: TRANSFER OF TRAFFIC CONGESTION RELIEF FUNDS TO MEET STATE GUIDELINES RECOMMENDATIONS: Approve a budget amendment transferring $50,492.63 of the appropriation for the Newport Boulevard 26th Northerly Project, C -3649 from the Gas Tax Fund, 7181- 05100729, to the Traffic Congestion Relief Fund, 7191- C5100729, and transfer $34,000 from 7191- C5100714, Jamboree Road Rehabilitation, Ford to Bison, to 7191- 05100729, Newport Boulevard 26th Northerly. DISCUSSION: Per State guidelines, the City must expend allocations received from the Traffic Congestion Relief Fund no later than the end of the fiscal year following the fiscal year in which the allocation is received. The City received $192,176.26 in Traffic Congestion Relief funds during Fiscal Year 2002 -03 which therefore needs to be expended prior to June 30, 2004. Of the prior year receipts, the City has expended $107,683.63 for the Newport Boulevard 16'h — 261h Project, C -3373, leaving a remaining balance of $84,492.63. A portion of these funds was originally budgeted for the Jamboree Road Rehabilitation, Ford to Bison Project, C -3625, but expenditures for this project may not be expended by the June 30th deadline. Since the Newport Boulevard 26th Northerly Project is an eligible project for Traffic Congestion Relief Funds and the project's expenditures during Fiscal Year 2003 -04 will exceed $150,000, using Traffic Congestion Relief funds for this project will satisfy the requirements for the Traffic Congestion Relief Fund as established by the State. Prepared by: Jes"sicA- 1elfrich Administrative Manager Submitted by: P en G. Badum Works Director C of Newport Beach NO. BA- 04BA -068 ` BUDGET AMENDMENT 2003 -04 AMOUNT: $sa,as2.s3 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance Ix Transfer Budget Appropriations X No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To transfer expenditures appropriations for the Newport Boulevard 16th Northerly Project in order to meet Traffic Congestion Relief spending guidelines. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 190 3605 180 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITUREAPPROPRIATIONS (3603) Amount Description Debit Traffic Congestion Relief Fund Balance $50,492.63 Gas Tax Fund Balance Description Description Division Number 7181 Gas Tax $50,492.63 Account Number C5100729 Newport Boulevard 16th Northerly Division Number 7191 Traffic Congestion Relief Account Number C5100714 Jamboree Road Rehab $34,000.00 Division Number 7191 Traffic Congestion Relief Account Number C5100729 Newport Boulevard 161h Northerly Division Number Account Number Signed: Signed: Financial istrative Services Director I: City Manager Credit $50,492.63 $84,492.63 Date G ate Signed: City Council Approval: City Clerk Date 4fEty of Newport Bea# BUDGET AMENDMENT 2003 -04 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations AND PX Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 04BA -068 AMOUNT: $84,492.63 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance X No effect on Budgetary Fund Balance To transfer expenditures appropriations for the Newport Boulevard 16th Northerly Project in order to meet Traffic Congestion Relief spending guidelines. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 190 3605 180 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Amount Description Debit Traffic Congestion Relief Fund Balance $50,492.63 Gas Tax Fund Balance Description Description Division Number 7181 Gas Tax $50,492.63 Account Number C5100729 Newport Boulevard 16th Northerly Division Number 7191 Traffic Congestion Relief Account Number C5100714 Jamboree Road Rehab $34,000.00 Division Number 7191 Traffic Congestion Relief Account Number C5100729 Newport Boulevard 16th Northerly Division Number Account Number Signed Signed: Signed Financial Services Director City Council Approval: City Clerk Credit $50,492.63 $84,492.63 Date G D ate Date — - s • • 3/-Z3/6f CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS , Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915 until 11:00 a.m. on the 91' day of March 2004, at which time such bids shall be opened and read for NEWPORT BOULEVARD PAVEMENT REHABILITATION FROM 26TH STREET TO 30TH STREET Title of Project Contract No. 3649 $185,000.00 Engineer's Estimate f$!fyTien G. Badum Public Works Director 1\e VSO vo�\"\,Z;�Cl er a Q 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. Luv, Project Manager at (949) 644 -3330 GRIFFITH COMPANY 0 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD PAVEMENT REHABILITATION FROM 26TH STREET TO 30TH STREET CONTRACT NO. 3649 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 E 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD PAVEMENT REHABILITATION FROM 26TH STREET TO 30TH STREET CONTRACT NO. 3649 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ISSUED BY AGENCY PRIOR TO 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price; may be received in lieu of the BIDDER'S BOND. The title of the project and the word: "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The GRIFFITH COMPANY 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). Please note, The Davis -Bacon Wage determinations are available at Federal Wage website: www.qpo.gov/davisbacon 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. #88 A, B, C -8, C -12, HIC, HAZ Contractor's License No. & Classification GRIFFITH COMPANY Bidder Authorized Signature/Title ROBERT P. MOLKO, VP /CFO /SEC 03/09/04 Date 4 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD PAVEMENT REHABILITATION FROM 26TH STREET TO 30TH STREET CONTRACT NO. 3649 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of the Total Amount of the Bid in 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 NEWPORT BOULEVARD PAVEMENT REHABILITATION FROM 26TH STREET TO 30TH STREET , Contract No. 3649 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 4th day of March 2004. Griffith Company Name of Contractor (Principal) Travelers Casualty and Surety Company of America Name of Surety 21688 Gateway Center Drive Diamond Bar, CA 91765 Address of Surety 909 - 612 -3650 Telephone 1 ROBERT P. MOLKO�, VP /.CFO /SEC 1. Author r Agent Signature Leigh McDonough, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) A.M. Best's Rating for Traveler *ualty and Surety of America Page 1 of 1 r 03609 - Travelers Casualty and Surety of America Member of Travelers Property Casualty Group A.M. Best #: 03609 NAtC #: 31194 View a list of orouo members or the group's rating nes _ w Best's Rating A� A ++ U (Superior)* P., Financial Size Category XV ($2 billion or more) 'Ratings as of 03115/2004 05:10:09 PM E.S.T. Rating Category (Superior): Assigned to companies that have, in our opinion, a superior ability to meet their ongoing obligations to policyholders. Important Notice: Best's Ratings reflect our opinion based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet strength, operating performance and business profile. These ratings are not a warranty of an insurer's current or future ability to meet its contractual obligations. View our entire notice for a complete details. Companies interested in placing a Best's Security Icon on their web site to promote their financial strength may register online. Copyright © 2004 by A.M. Best Company. Inc. ALL RIGHTS RESERVED No part of this Information may be distributed in any electronic form or by any means, or stored In a database or retrieval system, without the prior written permission of the A.M. Best Company. Refer to our terms of use for additional details. http: / /www3.ambest.com/ratings/ rating. asp ?AMBNum = 03609 &Ref ium= 03609 &Site =ra... 03/15/2004 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On March 09,; 2004 before me, Heidi Midtsjo Prior, Notary Public personally appeared * ** Robert P Molko * ** [ X personally known to me OR ..•.cam sa�ra.m� ___ -- HEIDI L4 M1DT IDTSJO PRIOR Commission t 1324712 < Notary Public - Calitomis � Las Angeles County My Comm. ExIins Nov 8, 2005 { proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that lie executed the same in his authorized capacity and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signat of N ary ' ' CALIFORNIA ALL - PURPOSE ACK *EDGMENT State of California County Of Orange No. 8907 On March 4, 2004 before me, Jeri Apodaca, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Leigh McDonough NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose names) 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 JERI APONCA behalf of which the person(s) acted, executed the instrument. Comm. d 1379729 ROT N WARY PUBLIC CAUFOBNIA orsmy Ceumy My Comm Expires Oal 12,2006 WITNESS my hand and official seal. n &'I QnnK0.e CA �.._. - IGNATURjOF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) 8 LIMITED GENERAL ■ ■ ■ ATTORNEY -IN -FACT TRUSTEE(S) GUARD IAN /CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTnY(IES) S4087 /GEEF 2198 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED T1tAVSLSRS CAJWLTY AND SURETY COMPANY OF AMZRAW TRAVAW CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183 -M2 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS }IN FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, oorporations.dtdy organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the " Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: James A. Schaller, Jeri Apodaca, Linda Enright, Mike Pariziao, Nanette Mariella- Mgers, Rhonda C, Abel, Stanley C. Lynn, Patricia H. Brebner, Alexis H, Bryan, Leigh McDonough, of Leine, California, their tree and lawful. Attorney(s)-in Fact; with full power and authority hereby conferred to sign, execute and acknowledge, at any Place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognirances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duty authorized officers of the Companies, and all the acts of said Attorney(s)-m -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made . under and by authority of the following Standing Resolutions of said Companies;. which Resolutions are now in fujl force and effect: VOIM Tbattbe Chairmen, the President, any Vice Chairman, any Executive Vice PrftdeK any Senior Vice Preaidest any Vice President, any Second Vice President, the Treasurer Assistant Treasurer, tine Corporate Secretary or any Assistant Secretary may appoint Attorneys -m -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe In alga with the Company's name and seat with the Company's seal bonds, rwAgairances, contracts of indemnity, and other wntinga obligatory in Me nature of a bend, recognizance, or conditional undertaking, and any of and officers or the Board of Directors at any time may remove any such apps and revoke the power given him or her VOTU : That the Chairman, the PreaideK any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President mq delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each each delegation is in wAft and a copy thereof is filed in tbio office of the Secretary. V0111[k. That any bond, recognizance; contract of indemnity, or writing obligatory in the mtuae of a band, nro6gaizancc, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior We President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duty attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attomeys-m-Fact and Agents puwaant to the power prescribed in his or her certificate or their.oatificetes of autlnority or by am at more Company officers pursuant to a written demon of authority. This Power of Attorney and Certificate d Authority is signed and ceded by facsimile (mechanical or printed) tender and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELM WIDALTY AND SURETY COMPANY imd FARMINGTON CASUALTY, COMPANY, which Raolution L now In full force: and dfect: VOT111): That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice Preddent, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seek of the Company may be affixed by fseamille to any powv of aftomry or to any certificate relating thereto appointing Resident Vice Presidents, Reddest Assistant Secretaries or Attorneys -in -Fact for pmpoaes only of executing and attesting bonds and undertakings and other writings obligatory in the nacre thereat; and any such power of attorney or c atfimte bearing such facsimile signature of facsimile seal shall be valid and binding spoon the Company and any such power so executed and ceeMcd by awk f mnal signature and fwaimte seal droll be valid and binding upon the Company in the future with respect to any bond or tmdertddag.to which it is attached. 0 1.00 standard) puo9'AjlgGjgeS #ueislssy coo. uosusyoP'W NoN h� Or' R��EFI m 6mP u ;h s.Ri PWG 7molM► M3JO *MS `PJWaH3O AT aq1 ul `AuediaoJ agi�o Gowo =MR mp 3e FOTWS.Puu PaaBIS •a UOJ m moa.= ,4.='4ad3o omgpmO mp aI vu3 - w so `swmttQ #a w2oH am v SWOROWN lowum3S MM `Womia4M pua `.pWeaaz =oq sou saq pug aaq Ana a< @mmm 4mogw p amoB?loo pug AwiouV 3o imod pmpuw Pas ftwgw 3 m MW AALLMD 1Cmnm OQ '3n q=moJ F a3m3S am Da swp mdwo vm 'ANVdigoO A.L'IVRm NO.Lf)xn wva Pus ANVdxoa 1amms QNV u iva VO swrra ai. 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(MOALLVH d0 A moo PMAMH'ss( do B,LVZS , 6OOZ &mmWtl)o bp 930[ spp pmW of M oq of spree O;wodioo jFM pue ivappud ealA tolaas iptp Aq pomp; oq of pmmgM 9M Pasneo "" ANVdI Ol AJ,'IVRSVO NOJ NBUVA Psa ANVd3400 Ames OiNV AOLWflsVD s83'MVZLL 'VDIRZ 1V 10 ANVd140D AZMS QNV 7LL' aWD gHWISAVU '1029MM S93NMM M Travelers' �0� IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act "). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism - related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. 0 r CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD PAVEMENT REHABILITATION FROM 26TH STREET TO 30TH STREET CONTRACT NO. 3649 DESIGNATION OF SUBCONTRACTORS) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name:.. %SAC ]J2c�y n Address: tk :C,_,7 r_ /0 Ir 4 4—j Phone: iLG�i4 State License Number: a Name: CA` >E (qi ICSY Address: �.� zi r»�, CCr 7 J;141* Phone: State License Number: Name: J Address/:: Phone: State License Number: GRIFFITH COMPANY Bidder �8LQ0jpdYSIgR8vrP1TlYlev P / C E 0/ SEC 6 0 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD PAVEMENT REHABILITATION FROM 26TH STREET TO 30TH STREET CONTRACT NO. 3649 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: Address: C /' i 1z / Phone: `%' Zv A J J.Sr 4A ^6,! J State License Number: �� Name: / ._ Vpzl2eo - C CS C Address: - J, / _ill .I 2 _, J C . I r' 1 �Cr/ IJI �/y �> Phone: State License Number: Name: Address: Phone: State License Number: GRIFFITH COMPANY A/ Bidder 6 �8voiec�Sigw8�,Kpg"itlev P /CFO / S E C CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD PAVEMENT REHABILITATION FROM 26TH STREET TO 30TH STREET CONTRACT NO. 3649 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name GRIFFITH COMPANY FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: *PLEASE SEE ATTACHED LIST OF PROJECTS. 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 No. 2 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person 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. I L%] No. 4 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount N 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 T Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 9 OR No. 6 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount 40 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. GRIFFITH COMPANY Bidder 10 Authorized Signature(fitle ROBERT P. MOLKO, VP /CFO /SEC 0 Xvid Diaz Resume / Experience 0 In 1983, at the age of twenty, David Diaz began his career with Griffith Company. In the insuing 17 years Mr. Diaz has advanced from general labor to his current position of superintendent. It was during this process that Mr. Diaz gained his vast knowledge of all aspects of pubic works construction. Mr. Diaz has th: ability to fore see problems before they develop and provide workable construction solutions to keep his projects on track. His skillful administration and coordination of multiple subcontractors on any given project has been noted. Overall Mr. Diaz has a proven track record of successful projects, which stems directly from his vast experience and dedication to excellence. 1999 -2000 Port of Los Angeles 1999 Annual Construction $5,500,000.00 Mi. Diaz served as superintendent for this annual contract for the Port of Los Angeles. The first phase of this contract was the reconstruction of Berths 45 -52. This accelerated phase of the contract accounted for $4,500,000.00 and was completed in 45 days. The work consisted of heavy metal soil remediation, high mast lighting system, fire protection, a two -foot structural section including 38,000 tons of asphalt. The project was delivered on time Dec. 31, 1999 enabling a scheduled cargo snip to off load bulk steel on Jan. 2, 2000, 48 his, after project completion. 1996-1997 Port of Los Angeles, Seaside Ave./Navy Way Grand Separation Mr. Diaz was the General Superintendent for this $31 Million highway reconstruction on SR 47 for the Pert of Los Angeles. The project was an accelerated highway project with two bridges, MSE walls and reconstruction of all major utilities. The project was successfully completed ahead of schedule, in fourteen months, thus avoiding penalties of $49,000,00 each day milestones were missed. Mr. Diaz had direct responsibility of Griffith Company's field crews, and also managed and fully coordinated all aspects of the subcontractors not related to the structure work. The project received the Build America award from the Associated General Contractors of America for the best highway project of the year. If also received the Associated General Contractors of California Construction award for excellence in project management. 1997 Clay Mining Pacific Clay Products $350,000.00 Mr. Diaz served as the Grading Superintendent for this force account contract with Pacific Clay Product. This project consisted of strip mining and stock piling of various types of clay for the production of bricks. 1991 —1993 San Gabriel River Century Freeway I -605 to Studebaker Road 12,200,000.00 Mr. Diaz served as Grading Superintendent for this Intermodel Transportation project consisting of a light tail system in the middle of a divided four -lane freeway with pedestrian access via bridges to the transit station. Work includes a bridge, transit station structures, forty foot high retaining walls, a large pump station concrete paving, asphalt concrete paving, traffic signal improvements, fencing and railing Mr. Diaz had over sight of the dirt crews, both rough and fine grade structural backfill; installations precast concrete vaults, the asphalt paving crews. 1 990 Fourth and Hope St. Turner Construction $775,500.00 Mr. Diaz served as Project Foremen for this private contract with Tamer Construction. The work consisted cf offsite improvements at the newly build First Interstate Office Tower in Downtown Los Angeles. This improvement included concrete walk, curb & gutter, street lighting, and asphalt concrete paving. As Project Foreman Mr. Diaz was responsible for his crews to work in concert, with twenty other building trades. Mr. Diaz's Public Works experiences helped to bring timely construction solutions to this project with extremely tight time constraints. • 1988-1989 Taxiway "V" Pershing & World Way West Dept. of Airports $ 3,830.306.00 Mr. Diaz served as Project Foreman for this Taxiway reconstruction project at the Los Angeles International Airport. The work consisted of complete demolition and reconstruction of the Taxiway. The FAA. Standards for airport construction includes a demanding set of specifications concerning soils and materials compaction, materials quality compliance and overall technical expertise. This project also included roadway excavation, drainage facilities, area & directional lighting, reinforced concrete pavement and asphalt concrete pavement 1986-1987 Golden Mall Phase I City of Burbank $ 2,205,216'.00 Mr. Diaz served as Project Engineer for this project, which involved the restoration of San Fernando Road through a half -mile long section of out door mall property. The work included the complete removal of the existing out door mall setting. Making way for the extension of San Fernando Road. The construction included drainage facilities, street lighting, traffic signals, custom walkway with brick highlights, seat walls with sandblasted finish, stamped concrete crosswalks, entry pylons, and miscellaneous street furnishings. As an onsite Project Engineer Mr. Diaz was responsible for coordinating all field operations, project administration, including all correspondence with the Agency. This project was the recipient of the Concrete Industry Award for excellence in Engineering. 9 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD PAVEMENT REHABILITATION FROM 26TH STREET TO 30TH STREET CONTRACT NO. 3649 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of L A ) ROBERT P. MOLKO being first duly sworn, deposes and says that he or she is VP/ CFO/ SEC of GRIFFITH COMPANY , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. ��%( GRIFFITH COMPANY &ZA %� Bidder Authorized Signature/Title ROBERT P. MOLKO, VP /CFO /SEC Subs '1b d and sworn to before me this 9TH day of MARCH [SEAL] otaryPublic IDI ID JO P IOR My Commission Expires: 11/08/05 Com:nmsion A 1324112 z Notary Public - California q> Los Angeles courity `g W Cwnnn. UP;'e Nov tl,p't9;1 ARr 11 2004. 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD PAVEMENT REHABILITATION FROM 26TH STREET TO 30TH STREET CONTRACT NO. 3649 DESIGNATION OF SURETIES Bidders name GRIFFITH COMPANY Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond type): BROKER: AON 1901 MAIN STREET, #300 IRVINE, CA 92614 PHONE 949/608 -6358 FAX 949/608 -6398 SURETY: TRAVELERS CASUALTY SURETY 1 TOWER SQUARE HARTFORD, CONNETICUT 06183 -6014 PH 860/277-0111 12 E 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD PAVEMENT REHABILITATION FROM 26TH STREET TO 30TH STREET CONTRACT NO. 3649 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name GRIFFITH COMPANY Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Current Record Record Record Record Record Yearof for for for for for Record 2003 2002 2001 2000 1999 Total 2004 No. of contracts ,L III S I 96 II O O D Total dollar Amount Conttracts racts (in I JiM;JJ 01 11 � r I�'I►li 11 IoOn,'li ;�� 1 �►11'II Thousands of $ No. of fatalities No. of lost Workday Cases ! . Y' No. of lost workday cases involving permanent f�_ /L �-• transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 9 0 Legal Business Name of Bidder GRIFFITH COMPANY Business Address: 12200 BLOOMFIELD AVENUE SANTA FE SPRINGS Business Tel. No.: 562/929 -1128 State Contractor's License No. and 00 Classification: A, B, C -8. C -12, HIC, HAZ Title ROBERT P. MOLKO, VP /CFO /SE 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. GRIFFITH COMPANY Signature of bidder Date Title Signature of bidder 03/09/04 ROBERT P. MOLKO, VP CFO SEC ••�• .- 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. iEl CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I State of California County of Los Angeles On March O,9,2004 before me, Heidi Midtsjo Prior, Notary Public personally appeared Robert P. Molko and Gordon M.. Csutak, X personally known to me OR proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. �2 C"rn�ssior. Notary Pubilc - car forniq WITNESS my hand and official seal. 7" Los Ar-gelas County pAyCnr)ni Signal e of Tatary 1 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD PAVEMENT REHABILITATION FROM 26TH STREET TO 30TH STREET CONTRACT NO. 3649 ACKNOWLEDGEMENT OF ADDENDA Bidders name GRIFFITH COMPANY The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature 15 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD PAVEMENT REHABILITATION FROM 26TH STREET TO 30TH STREET CONTRACT NO. 3649 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: GRIFFITH COMPANY Business Address: 12200 BLOOMFIELD AVE SANTA FE SPRINGS ,CA 90670 Telephone and Fax Number: 562/929 -1128 562/864 -8970 California State Contractor's License No. and Class: 88 A, B, C -8, C -12, HIC, HAz (REQUIRED AT TIME OF AWARD) Original Date Issued: 9/24/29 Expiration Date: 9/30/04 List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: ASON 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: James D. Wahze Pres. /C.E.O. Thomas L. Foss Exec, Vice Pres Robert P. Molko V.P /C.F.O /Sec. Gordon M. Csutak Treasurer Russell S. Grigg V.P /Dist. Mgr. Daniel L. Mans V.P. /Div.Mgr. Robert S_ Dennis V P. /Div. Mgr Daniel A. McGrew Dist. Mgr. Jaimic R. Angus V.P. /DislMgr Gary A. Hyles Assistant See, John E. Mekay Assistant See, 1853 Kinglet Court Costa Mesa 92626 1644 Aliso Ave. Costa Mesa 92627 16795 Sllverstar Crt Riverside 92506 273 Roycroft Ave. Long Beach 90803 125 Stockdale Circle Bakersfield 93309 3800 Forest Glen Yorba Linda 92686 4416 AvcDeLasFlores Yorba Linda 92686 6227 Rocking Horse Ln, Orange 92869 42100 Altanos Temecula 92592 21409 Madre St. Tehachapi 93561 1825 F. I" St., 95 Lone Beach 90802 Uorporatlon organlzea under the laws of the State of 16 Telephone The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: 0 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; N/A Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner /agency? If so, explain. N/A Have you ever failed to complete a project? If so, explain. N/A 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.) ? / No Are any claims or actions unresolved or outstanding? 'AeW No GRIFFITH COMPANY 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. GRIFFITH COMPANY Bidder JAMES D. WALTZE (Print name of Owner or President of CCoorpporation /Company), �p VP /CFO /SEC Title 03/09/04 Date Subscribed and sworn to before me this 9TH day of MARCH , 2004. (SEAL] F HEI I MIDTSJO PR I NOTARY PUBLIC cor',ssior K ?'21712 Notary Pubiic - Califiamia Les Argeles County GRIFATH GUMPANY lim 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD PAVEMENT REHABILITATION FROM 26TH STREET TO 30TH STREET CONTRACT NO. 3649 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. W 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 NEWPORT BOULEVARD PAVEMENT REHABILITATION FROM 26TH STREET TO 30TH STREET CONTRACT NO. 3649 CONTRACT THIS AGREEMENT, entered into this day of , 2004, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Griffith Company, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: NEWPORT BOULEVARD PAVEMENT REHABILITATION FROM 26TH STREET TO 30TH STREET Project Description 3649 Contract No. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3649, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 20 P Ci 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 SIXTY THOUSAND, NINE HUNDRED FIFTY AND 00/100 DOLLARS ($160,950.00). 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 Griffith Company 12200 Bloomfield Avenue Santa Fe Springs, CA 90670 562 - 929 -1128 562- 864 -8970 Fax F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 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. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 23 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. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys-fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 9 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 APPROVED AS TO FORM: CITY ATTORNEY' 25 CITY OF NEWPORT BEACH A Municipal Corporation B: Y Mayor GRIFFITH COMPANY B . _ �L Authorized Signatu and Title JAIMIE R. ANGUS, VP /DIST MGR CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles OnApfflD6,2004 before me, $hiry1Nan'ke, Notary Public personally appeared Jaimi6lk. Ankus [ X personally known to me OR SHA RTL NAPKE proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. �1 NAF 1 4 DATE(MM /DD /YY) ACORD. CERTIFICAT F LIABILITY INSURANCE 03/25/04 PRODUCER Risk Services, Inc. of southern California ADD 190 1901 Main street THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS suite 300 CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE Irvine CA 92614 USA COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE PHONE-(949) 608 -6300 FAX-(949) 608 -6451 INSURED INSURER A', Zurich American Ins co Griffith Company 12200 Bloomfield Avenue INSURER National union Fire ins co of Pittsburgh INSURER C. Santa Fe Springs CA 90670 -4704 USA INSURER D. INSURER E. COWRAGES This Certificate is not intended to specify all endorsements covers es tennis conditions and exclusions of the policies shown. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MM\DD \YY) POLICY EXPIRATION DATE(MM\DD \YY) LIMITS A GENERALLIABILITV X COMMERCIAL GENERAL LIABILITY GL0367660701 General Liability 12/31/03 12/31/04 EACH OCCURRENCE $1,000,000 FIRE pAMAGE(Mv one find $$0,000 MEDEXP(MVOneocrwn) $5,000 CLAIMS MADE O OCCUR PERSONAL &ADV INJURY $1,000,000 GENERAL .AGGREGATE 52.000,000 GEN'L AGGREGATE LIMIT APPLIES PER POLICY X IECPRO - T ❑ LOC PRODUCTS- COMP /OP AGG 52,000,000 A AUTOMOBILE LIABILITY X ANY AUTO BAP367660801 Automobile 12/31/03 12/31/04 COMBINED SINGLE LIMIT (Eaaend.O $1,000,000 BODILY INJURY ALL OWNED ALTOS SCHEDULED AUTOS ( Per P.r) BODILY INJURY HIVED AUTOS NON OWNED AUTOS (Per anidenQ PROPERTY DAMAGE ' (Per accidenO GARAGE LIABILITY AUTO ONLY - EA ACCIDENT OTRER THAN EA ACC ANY AUTO AUTO ONLY'. AGO 8 EXCESS LIABILITY OCCUR O CLAIMS MADE BE umbrella 12/31/03 4 EACH OCCURRENCE $10,000,000 AGGREGATE 510,000,000 DEDUCTIBLE RETENTION A WORKERS COMPENSATION AND EMPIAYERR'LIABILITY wC367660601 WOFRarS Compensation 12/31/03 12/31/04 X C STATU- T OTH- R E. L. EACH ACCIDENT $1,000,000 E.L. DISEASE- POLICY LIMIT $1,000,000 E DISEASE -EA EMPLOYEE $1,000,000 OTHER DESCRIPTION OF OPERATIONSROCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Re: contract #3649 - Newport Blvd. Pavement Rehabilitation from 26th to 30th Street The city, its officers, officials, employees and volunteers are additional insures per endorsement(s) attached CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City Ot Newport Beach 3300 NeW ort Blvd Newport Beach CA 926SB USA DATE THEREOF, THE ISSUING COMPANY WILL 'eNDFAVORzTe^ MAIL 60 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 'rnn AUTHORIZED REPRESENTATIVE -1 M c `c 6 LL L- V c C C n v 0 POLICY NUMBER: GLO367660701 GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Newport Beach, its officers, officials, employees & volunteers Public Works Department 3300 Newport Beach PO Box 1768 Newport Beach, CA 92658 -8915 Re: Contract #3649 - Newport Blvd. Pavement Rehabilitation from 26th to 30th Street (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of or related to "your work" or its supervision for that insured by or for you. PRIMARY INSURANCE: It is agreed that such insurance as afforded by this policy for the benefit of the additional insured shall be primary insurance as respects any claim, loss or liability arising directly or indirectly from the insured's operations and any other insurance maintained by the additional insured shall be non - contributory with the insurance provided hereunder. Al- Primary CG201 Op(11 -85) 0 0 POLICY NUMBER: GL03367660701 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS I his endorsement modifies insurance provided under the Billowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVI'. LIABILITY COVL?RAGI, PART SCHEDULE Name of Person or Organization: City of Newport Beach, its officers, officials, employees & volunteers Public Works Department 3300 Newport Beach PO Box 1768 Newport Beach, CA 926 58 -891 5 Re: Contract #3649 - Newport Blvd. Pavement Rehabilitation from 26th to 30th Street If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of ")'01.11' work" done under a contract with that person or organization. The waiver applies only to the person or organization shown in the Schedule. GI, Waiver Copyright, Insurance Services Office, Inc., 1984 0 POLICY NUMBER: BAP367660801 0 AUTOMOBILE LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE Name of Person or Organization: City of Newport Beach, its officers, officials, employees & volunteers Public Works Department 3300 Newport Beach PO Box 1768 Newport Beach, CA 92658 -8915 Re: Contract #3649 - Newport Blvd. Pavement Rehabilitation from 26th to 30th Street We agree with you that the person or organization shown in the schedule above is an insured for "bodily injury" or "property damage" arising out of the operation of a covered "auto" under a contract or agreement which is made prior to the injury or damage. Authorized Representative hirndOR \anrnaill0.VGlai numrr d..r 3/25/2004 Date 0 0 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5.% of the California workers' compensation premium otherwise due on such remuneration. Schedule City of Newport Beach, its officers, officials, employees & volunteers Public Works Department 3300 Newport Beach PO Box 1768 Newport Beach, CA 92658 -8915 Re: Contract #3649 - Newport Blvd. Pavement Rehabilitation from 26th to 30th Street (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: See Certificate Policy No.: WC367660601 Endorsement No.: Insured: Griffith Company Countersigned By: )�1" WC WAIVER Insurance Company: Zurich American Inc Co Rpr 09 04 12:24p U G / _ Brown 6 Brown Fax # I t ( — 4v I/ 714 - 923 -1872 p.1 • CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: LJ G 7 Dept. /Contact Received From: 51 1/"uL r cc Date Completed: �— Cj'G'y Sent to: 5 lIac- 6cti /By: ,/ ,)l� /�/ Company /Person required to have certificate: Cv I. GENERAL LIABILITY L_Li- A-r�� A. INSURANCE COMPANY: Cad') B. AM BEST RATING (A: VII or greater): A )( V C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? C[jYes ❑_No D. LIMITS (Must be $1 M or greater): What is limit provided? E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? Wes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? VYes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes XNo I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: -L�t C� _ 1 Cc" B. AM BEST RATING (A: VII or greater): x V C. ADMITTED COMPANY (Must be California Admitted): r� Is Company admitted in California? fy Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? �a'Yes ❑ No F. PRIMARY & NON- CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? , / L" ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: B. AM BEST RATING (A: VII C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? P Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes El No IF NO, WHICH ITEMS NEED TO BE COMPLETED? Company Profile • • Page 1 o£2 Company Profile I nsu ran ce TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA ONE TOWER SQUARE, 4MN TRAVELERS / Mary T. Restelli HARTFORD, CT 06183 877- 872 -8737 Former Names for Company Old Name: AETNA CASUALTY & SURETY COMPANY OF Effective Date: 07 -01 -1997 AMERICA Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the A eng t for_Service of Process? Reference Information NAIC #: 31194 NAIC Group #: 3321 California Company ID #: 2444 -8 Date authorized in California: July 31, 1981 License Status: UNLIMITED- NORMAL Company Type: Property & Casualty State of Domicile: CONNECTICUT Dines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the lg ossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT http: / /cdinswww. insurance. ca.gov /pls /wu co _prof/idb_co _prof utl.get_co _prof?p_EID =... 04/09/2004 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL NEWPORT BOULEVARD PAVEMENT REHABILITATION FROM 26TH STREE TO 30TH STREET CONTRACT NO. C -3649 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P. O. Box 1768 Newport Beach, California 92663 -8915 Gentlemen: PR of The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, understands the alternate bid proposals stated above, has carefully 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. 3649 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization @ Dollars and –— Cents Per Lump Sum 2. Lump Sum Traffic Control 4 d,jx d 4. Dollars n and f f.d�� -Zf r- Cents Per Lump Sum 3. 2 Each Construction Advisory Sign @ Ory� �fb�/t"'d Dollars and Cents Per Each GRIFFITH COMPANY PR2of5 0 0 T ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 70 C.Y. Excavation @ L�� /C✓ ro% , oLD61lars l� rC Cents $ $ Per Cubic Yard 5. 19,000 S.F. Cold Mill Asphalt Pavement @ 7U Dollars and Cents $ I C $ Pe(8quareIF6ot 6. 1,700 S.F. Cold Mill Existing P.C.C. Pavement @ Dollars and C 7 >� Cents $ $ Per Square Foot 7. 6,600 S.Y. Crack Seal @ Dollars and D� Cents $ $ Per Square Yard 8. 45 Tons 1 -Inch Thick Asphalt Concrete Leveling Course @ _�itG�J/ Dollars and -�— Cents $ Per Ton 9. 120 Tons 6 -Inch Thick Asphalt Concrete Base Co rse @ Dollars and f— C'41�� Cents �� $ _ C. $ - L 0 0 Per Ton 10. 800 Tons Minimum 2- InchThick A.R.H.M. Surface Course x @ Dollars and Cents $ L'O, OCR $ �f C C G / f Per Ton GRIFFITH COMPANY PR2of5 0 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 11. 900 S.Y. Glasgrid @�r_d Dollars and fi ery Cents Per Square Yard 12. 120 Tons Full Depth Asphalt Concrete Pavement Dollars and Cents Per Ton 13. 270 S.F. Remove and Construct 4 -Inch Thick P.C.C. Sidewalk @ t rfi -/O Dollars and -(Er— Cents Per Square Foot 14. 800 L.F. Remove and Construct Variable Height P.C.C. Type "A" Curb and Gutter @_ji✓Y%/ Dollars and Cents Per Linear Foot 15. 800 S.F. Remove and Construct P.C.C. Driveway Approach r @ G Dollars and -ems Cents Per Square Foot 16. Lump Sum Remove Driveway and Replace with Standard Concrete Curb and Gutter and Sidewalk @�, ��duS/}x/Q Dollars and A— Cents Per Lump Sum $ 1 �SlJ, $ / r $ mss. $ao0, $ GRIFFITH COMPANY PR3of5 • 0 'ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 17. 3 Each Remove and Construct P.C.C. Access Ramp @ Dollars / and Cents Per Each 18. 100 S.F. Remove and Construct P.C.C. Alley Approach @ '�i/��r�%'Y Dollars and Cents Per Square Foot 19. 4 Each Adjust Manhole to Grade @ Si Y Dollars and -� Cents Per Each $ C; O f $ �DD $ 4DD, ,$ 20. 4 Each Adjust Water Valve Cover to Grade @ ✓Cif Dollars -9 and — Cents $ Per Each 21. 3 Each Adjust Electrical/Traffic Signal Pull Box to Grade @ Dollars and Cents Per Each 22. 1 Each Remove and Reinstall Parkway Culvert Type C %Hd& -, 4A)A Dollars and Cents Per Each 23. 1 Each Remove Metal Plate and Footing @ 0A✓6 ifHays15A" Dollars /6ov, II $,OdO $ and Cents $ 1 $ �. Per Each / GRIFFITH COMPANY PR4of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 24. 3 Each Adjust Survey Monument to Grade @ J`Ri6 11VAIAelz6Dollars and $ Cents Per Each 25. Lump Sum Pavement Striping, Markings and Markers @ Ti�x'eCI -AOO� -4 Dollars and zp— Cents Per Lump Sum 26. 14 Each Traffic Signal Loop Replacement @ LA✓A f�Ae*b Dollars and Cents Per Each 27. Lump Sum Surveying Services @ 7-� %/044+ ollars and Cents Per Lump Sum TOTAL PRICE IN WRITTEN WORDS $ / D&'V $ $ 300 Dollars and Cents $ X� Total Price (Figures) 03/09/04 GRIFFITH COMPANY Date Bidder PH 562/929 -1128 FAX 562/864 -8970 Bidder's Telephone and Fax Numbers Pbec�o � IhR8f IS SiW��ypcW itle 88 A,B, C -8, C -12, HIC, HAZ 12200 BLOOMFIELD AVE SFPJ _COe'i0 Bidder's License No(s). Bidder's Address and Classification(s) F: \USERS \PBMShared \Contracts \FY 03 -04 \Newport Blvd - 26th Northerly C- 3649 \PROPOSAL C- 3649.doc PR5of5 GRIFFITH COMPANY x'100 YEARS" LICENSE CERTIFICATE I certify under penalty of perjury under the laws of the State California that the foregoing is true and correct. as A B C12 C -B HIC HAZ State Contractors License No. Classification 9/3012004 Expiration Date sf State of California . CONTRACTORS STATE UCENSE BOARD ACTIVE LICENSE Licena NumW88 EnRy CORP Rusinm N°MGRIFFITH COMPANY c mm=ion(s)H AZ A B C-8 C 12 H I C EMItatian Date 0 9/ 3 0/ 2 0 0 4 L Si.Ti lilllll! ' �� GRIFFITH COMPANY RESOLUTIONS RESOLVED, that any one or more of the following officers of this Corporation: Chairman of the Board, Chief Executive Officer, President, Executive Vice President, Vice President and Chief Financial Officer, together with, when required, the Secretary, Secretary/Controller or Assistant Secretary, be and they are hereby authorized to execute and deliver in the name of this Corporation any and all bids, authorizations, contracts, notes, deeds, bonds, stocks, declarations, releases and agreements of any nature or sort whatever. FURTHER RESOLVED, that any one or more of the following officers of this Corporation: Vice President/District Manager, Vice President/Division Manager, District Manager, Division Manager, Assistant District Manager, Chief Estimator, Treasurer, Secretary, Secretary/Controller, Assistant Secretary, be and they are hereby authorized to execute and deliver in the name of and on behalf of this Corporation any and all bids, authorizations, contracts, certifications, declarations and releases, including: bid bonds, labor and material bonds, performance bonds and stop notice bonds. FURTHER RESOLVED, that any and all persons, firms, corporations and other entities shall be entitled to rely on the authority of any one or more of the officers above named to bind this Corporation by the execution and delivery of any of the documents or papers set forth hereinabove. FURTHER RESOLVED, that the authority granted hereby shall not be modified or revoked except by a resolution to that effect passed by the Board of Directors of this Corporation. FURTHER RESOLVED, that any and all authorization heretofore granted bythis Corporationto any officers other than those above named, to perform acts in the name of and on behalf of this Corporation similar to the acts authorized above, be and they are hereby revoked, rescinded and annulled. The undersigned hereby certifies that he is the Secretary of Griffith Company, a California Corporation, and does hereby certify that the above is a full, true and correct copy of resolutions passed by the Board of Directors of GRIFFITH COMPANY at a meeting thereof held on March 3, 2003, in accordance with the by -laws of said GRIFFITH COMPANY and at said meeting there was at all times a quorum present and acting and that said resolution has not, to the date of this certificate, been in any manner amended, modified, revoked, rescinded or annulled. IN WITNESS WHEREOF, the undersigned has hereunto set his hand and affixed the seal of GRIFFITH COMPANY this 3rd day of March, 2003. Att v James D. Waltze, esLdent/CEO Robert P. Molko, Secretary James D. Waltze Pres. /C.E.O. Thomas L. Foss Exec, Vice Pres Robert P. Molko V.PIC.F.O /Sec. Gordon M. Csumk Treasurer Russell S. Grigg V.P/Dist. Mgr. Daniel L. Muns V.P./Uv.Mgr. Robert S. Dennis V.P. /Div. Mgr Daniel A. McGrew Dist. Mgr. Jaimie R. Angus District Mgr. Gary A. Hyles Assistant Sec. John E. Mckay Assistant Sec. 1853 Kinglet Coun Costa Mesa 92626 1644 Aliso Ave. Costa Mesa 92627 16795 Silverstar Crt Riverside 92506 273 Roycroft Ave. Long Beach 90803 125 Stockdale Circle Bakersfield 93309 3800 Forest Glen Yorba Linda 92686 4416 Ave. De Las Flores Yorba Linda 92686 6227 Rocking Horse Ln. Orange 92869 42100 Altanos Temecula 92592 21409 Madre St. Tehachapi 93561 1825 E. I° St., #5 Long Beach 90802 .onlractors .icense Nn 032168 du r GRIFFITH COMPANY Corporate Office P.O. am 2150 12-100 Blnnmfidd Ave Sans Fc Spnnp, CA 90670 -0150 (562) 929 -1118 F. (562) 929 -7116 EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION UNDER EXECUTIVE ORDER 11246 Bakersfield District P.U. Sox 70157 1898 So, U.,.n A, Sakavfidd, CA 93387 -0257 1661) B31 -7331 Fax (66)) 831 -0113 Los Angeles District P.O. B. 2150 11200 6loomfidd M, San. Fc Spring. CA 90670 -0150 1562) 929 -1128 Fax (562) 864 -8970 Orange County District 2020 Tale So-,, Sams Ana, CA 9Z',04 -3974 (714) 549 -2291 7v (714) 5494033 A 01/L ± %1884 EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION UNDER EXECUTIVE ORDER 11246 Effective January 10, 1964, Griffith Company developed an affirmative action plan for equal .employment opportunity. On April 11, 1978, this plan was revised and amplified. In January, 1985, this plan was updated to meet the additional requirement of the Century Freeway (1 -105). In March, 1987, this plan was revised and amplified. This February 7, 1992 revision is a restatement of said program, including additional requirements of the Century Freeway. Statement of policy In order to provide equal employment opportunities to all qualified persons without regard to race, color, religion, sex, national origin, or disability, this company agrees to do the following: (1)recruit, hire, train, and promote persons in all job titles, without regard to race, color, religion, sex, national origin, or disability, (2) base decisions on employment so as to further the principle of equal employment opportunity, (3) ensure that promotion decisions are in accord with principles of equal employment opportunity by imposing only valid requirements for promotional opportunities, (4) ensure that all personnel actions, including but not limited to compensation, benefits, transfers, lay -offs, return from layoffs, company sponsored training, education, tuition assistance, social and recreational programs, will be administered without regard to race, color, religion, sex, national origin, or disability. . Responsibility for the Program James D. Waltze, President will personally oversee the program and will appoint Robert P. Molko as the Equal Employment Opportunity Officer (hereinafter referred to as the EEO Officer) to carry out the program. The EEO Officer is hereby given full authority to carry out the program and is given the responsibility and authority to: 1. Develop policy statements and internal and external communication procedures. 2. Assist line management in collecting and analyzing employment data, identifying problem areas, setting goals and timetables and developing programs to achieve goals. Such programs shall include specific remedies to eliminate any discriminatory practices discovered in the employment system. 3. Design, implement and monitor internal audit and reporting systems to measure program effectiveness and to determine where progress has been made and where further action is needed and, if necessary, to assure that such action is taken. 4. Report, at least quarterly, to James D. Waltze on the progress of each unit in relation to company goals. 5. Serve as liaison between the company, govern ment regulatory agencies, minority and female's organizations and other community groups. 6. Assure that current legal information affecting affirmative action is disseminated to responsible officials. Dissemination of policy 1. Internal Dissemination of Policy In order to disseminate the EEO Policy to all members of the company staff who are authorized to hire, supervise, promote and discharge employees, or who recommend such action, the company will take the following steps: (a) Include the policy in the company's policy manual; (b) Publicize the policy in company newspapers, magazines, annual reports, and other available media devices; (c) Conduct special meetings with executive, management, and supervisory personnel to explain the intent of the policy and individual responsibility for effective implementation, making clear the chief executive officer's attitude with respect to affirmative action obligations; (d) Schedule special meetings with all other employees to discuss policy and explain individual employee responsibilities; (e) . Discuss the policy thoroughly in both employee orientation and management training programs; (f) Meet with union officials as appropriate to inform them of the policy, and to request their cooperation; (g) Include non - discrimination clauses in any union agreements, and review all contractual provisions to ensure they are non - discriminatory; (h) Publish articles in company publications covering EEO programs, progress reports, promotions, etc., for minority and female employees; W (i) Post policy on the company bulletin boards; 0) Ensure that employees featured in product or consumer advertising, employee handbooks or similar publications include both minority and non - minority males and females; (k) Inform employees of the existence of the company's affirmative action policy and enable employees to avail themselves of its benefits; (1) Maintain a working environment free of harassment, intimidation, and coercion at all sites and in all facilities at which Griffith Company employees are assigned to work. Griffith Company shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Griffith Company's obligation t6 maintain such a working environment, with specific attention to minorities or females working at such sites or in such facilities. 2. External Dissemination of Policv In order to make the company's Equal Employment Opportunity Policy known to all employees, prospective employees, and potential sources of employees, such as schools, employment agencies, labor unions, and college placement offices, the company will take the following action: (a) Inform all recruitment sources verbally and in writing of the company policy, stipulating that these sources actively recruit and refer minorities and females for all positions listed; (b) Incorporate the equal opportunity clause in all purchase orders, leases, and contracts covered by Executive Order 11246, as amended, and its implementing regulations; (c) Notify minority and female community leaders, secondary schools, preferably in writing; organizations, community agencies, and colleges of the company policy, (d) Inform prospective employees of the existence of the company's affirmative action policy and enable such prospective employees to avail themselves of its benefits; (e) Ensure that employees pictured in consumer or help wanted advertising include both minority and non - minority males and females; (f) Send written notification of the company policies to all subcontractors, vendors, and suppliers with requests for appropriate action on their part. 3 Sexual Harassment - Definition and Policy It is the policy of Griffith Company to maintain a work place free of sexual harassment, intimidation and coercion. All allegations of sexual harassment will be fully reviewed. Disciplinary action will be taken against any employee found to have sexually harassed another employee. Sexual harassment is defined as, but not limited to: Any repeated or unwarranted verbal, visual or physical sexual action, sexually explicit derogatory statement or remark of a sexual nature made by someone in the work place which can be reasonably determined by the recipient and the person(s) reviewing the complaint to be offensive or objectionable or which may cause the recipient or anyone in the immediate area discomfort or humiliation. The company will investigate all complaints of alleged sexual harassment in connection with its obligations under its contracts, will attempt to resolve such complaints, and will take appropriate corrective action. If the investigation indicates that the sexual harassment may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the company will inform the complainant of its finding and of all avenues of appeal within thirty (30) days of receiving the complaint. To minimize the occurrence of sexual harassment in the work place, and to ensure that all employees understand that such actions will not be tolerated, managers and supervisors shall distribute the policy to every employee and periodically reinforce the importance of compliance. Utilization of Minorities and Females The company will make a good faith effort to meet the designated goals set for the by the Office of Federal Contract Compliance Programs for utilizing minorities and females in the various crafts on all construction jobs during the time this contractor has a federally- assisted or direct federal construction contract. Recruitment 1. When advertising for employees, the company will include in all advertisements for employees the notation: "An Equal Opportunity Employer ". The company will insert advertisements in newspapers or other publications having a large circulation among minority and female groups in the area from which the company's workforce would normally be derived. 2. The company will conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants, including, but not limited to, state employment agencies, schools, colleges and minority group organizations. To meet these requirements, the company will, through the EEO Officer, identify sources of potential minority and female group employees and establish procedures whereby applicants may be referred to the company for employment consideration. Ell 3. The company will encourage its present employees to refer minority and female group applicants for employment by posting appropriate notices or bulletins in areas accessible to all such employees. Personnel Actions Wages, working conditions, and employee benefits shall be established and administered, and personnel action of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, leave of absence, and termination, will be taken without regard to race, color, religion, sex, national origin or disability. The following procedures will be followed: 1. Periodic inspections of project sites will be conducted to ensure that working conditions and employee facilities do not allow discriminatory treatment of project site personnel. 2. The spread of wages paid within each classification will be periodically evaluated to determine any evidence of discriminatory wage practices. 3. The company will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the company will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. 4. The company will investigate all complaints of alleged discrimination in connection with its obligations under its contracts, will attempt to resolve such complaints, and will take appropriate corrective action. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the company will inform the complainant of its finding and of all avenues of appeal within thirty (30) days of receiving the complaint. Trainine and Promotion 1. The company will assist in locating, qualifying and increasing the sl dlls of minority and female employees and applicants for employment. 2. Consistent with its requirements and as permissible under Federal and State regulations, the company will make full use of training programs, such as pre - apprenticeship, apprenticeship, or on-the-job training programs, for the geographical area of contract performance. 3. To the extent possible, the company will advise employees and applicants for employment of available training programs and entrance requirements for such programs. 5 0 4. The company will periodically review the training and promoting potential of minority and female employees and will encourage eligible employees to apply for such training and promotion. Unions The company will use its best efforts to obtain the cooperation of any unions with which it has collective bargaining relationships to increase minority and female opportunities within the unions, and to effect referrals of minority and female employees by such unions. 1. The company will cooperate with unions, as appropriate, to develop joint training programs aimed at qualifying more minority and female employees for membership in' the unions and increasing the skills of minority and female employees so that they may have the opportunity to qualify for higher paying employment. 2. The company will encourage the incorporation of an equal employment opportunity clause into any union agreements stating that such unions will be bound contractually to refer applicants without regard to race, color, religion, sex, national origin, or disability. 3. In the event a union is unable to refer minority and female applicants as requested by the compan y within the time limit set forth in a union agreement, the company will, through its own recruitment procedures, fill the employment vacancies without regard to race, color, religion, sex, national origin, or disability, making every effort to obtain qualified female employees. 4. The company will provide immediate written notification to the Director when a. union with which it has a collective bargaining agreement fails to refer a minority or female, or when the company has other information that the union referral process is impeding its efforts to meet its obligations. Subcontractine 1. When required by federal contract the company will use its best effort to utilize minority group subcontractors, suppliers and vendors. The company, however, reserves the right to determine if the firm is a bona fide Minority Business Enterprise. 2. . The company will use its best effort to assure subcontractor compliance with equal employment opportunity obligations through monitoring and enforcement of "Section 21 - Recourse by Contractor" and "Section 22 - Indemnity Clause for Equal Employment Opportunity Violations" contained in Griffith Company's construction subcontract. Records and Resorts 1. The company will keep such records as are necessary to determine compliance with its equal employment opportunity obligations. The records kept by the company [.1 will be designed to indicate: (a) The number of minority, non - minority and female group member employees in each work classification. (b) The progress and efforts being made (in cooperation with unions, if appropriate) to increase protected group employment opportunities. (c) The progress and efforts being made in locating, hiring, training, qualifying and upgrading protected group employees. (d) The progress and efforts being made in securing the services of minority group subcontractors. 2. All such records will be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the State and Federal governments. The company reserves the right to require these representatives to show proper credentials. 3. The company will submit all reports required by Executive Order 11246 and appropriate state and federal agencies, and will permit access to its books, records, and accounts by the appropriate governmental agencies and the Secretary of Labor for purposes of investigation to ascertain compliance with the rules, regulations and orders of the Secretary of Labor promulgated pursuant to Executive Order 11246. Other Work The company agrees that it will be bound by the Equal Opportunity Clause required by Executive Order 11246 with respect to its own employment practices when it participates in nonfederal construction work during which time it also has a federally- assisted or direct federal contract. Assistance in Compliance The company agrees it will assist and cooperate actively with the appropriate governmental agencies and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the Equal Opportunity Clause and the rules, regulations, and relevant orders of the Secretary of Labor. The company will furnish such information as may be required for the supervision of such compliance. Non - Segregated Facilities All employee facilities provided by the company shall be non- segregated. These include, but are not limited to, rest areas, parking lots, drinking fountains, and all other such common facilities. Toilets and necessary changing facilities will offer privacy to both males and females. Post -Award Compliance It is understood that the OFCCP may review the company's employment practices as well as those of any subcontractors the company has employed during the performance of a federally- assisted or direct federal contract. If the goals for the 7 ' '.1 oyment of minorities and f ales set by the OFCCP are not beinoloet, the company shall still be given an opportunity to demonstrate that it has made every good faith effort to meet its commitment. For the purpose of this policy statement, the term "minority" means Black, Hispanic, Asian and Pacific Islander, American Indian and Alaskan Native. For the purpose of this policy statement, a bona fide Minority Business Enterprise is a business, firm, or corporation which is at least fifty one percent (51 %) owned and operated by a minority person or persons. The purpose of the company's commitment to specific goals for the utilization of minority and /or female employees is to meet the affirmative action obligations under the Equal Opportunity Clause of a federal or federally- assisted contract. This commitment is not intended and shall not be used to discriminate against any qualified applicant or employee. Refusal to Deal with Debarred or Inelieible Contractors or Subcontractors The company agrees that it will refrain from entering into any contract or contract modifications subject to Executive Order 11246 with a contractor or subcontractor debarred form or who has not demonstrated eligibility for direct federal or federally- assisted construction contracts pursuant to Executive Order 11246. Griffith Company will use its best effort to meet the goals set forth in the contract specifications. Complaints of non - compliance and grievances are to be directed to the attention of the company's designated Equal Opportunity Officer: Robert P. Molko Griffith Company 12200 Bloomfield Ave. Santa Fe Springs, Calif. 90670 (310)929 -1128 t � te D. W all tze, President Griffith Comnanv Company N e �L�o Date K w , PROJECT TAXIWAY N WESTERLY EXPANSION CONT. #DA3714 2002 -3094 PLAYA VISTA DEVELOPMENT PHASE 1 MAIN & ROSE 0 L GRIFFITH COMPANY CURRENT WORK HISTORY AGENCY LOS ANGELES WORLD AIRPORTS 7302 WORLD WAY WEST, 5TH FLOOR LOS ANGELES, CA 90045 MARK J. VICELJA, P. E. 3101646 -5700 X3065 310/417 -0532 PLAYA VISTA 12555 W, JEFFERSON BLVD., STE. 300 LOS ANGELES, CA 90066 JAMES P. SLATER 310/448 -4705 3101306 -4897 CONTRACT AMT. $ 11,705,274.00 $ 331,672.00 2002 -3095 PLAYA VISTA PLAYAVISTA $ 1,978,000.00 DEVELOPMENT 12555 W. JEFFERSON BLVD., STE. 300 CULVER 1 A TRAFFIC IMPRV. LOS ANGELES; CA 90066 310/448 -4705 310/306 -4897 AGRESHELL LOT IMPVMNTS, GRAND AVE. REALIGNMENT HANSON WILSON 3770 E. 26TH STREET LOS ANGELES, CA 90023 ROY E. ROGERS 213/267 -4186 2131267 -4025 LOS ANGELES DPT. OF PUBLIC WORKS 900 SOUTH FREMONT ALHAMBRA, CA 91803 SAM ASSOUM 626/458 -3197 6261458 -2197 BAKER PARKWAY IMPRVMT CNC ENGINEERING, INC. 255 NORTH HACIENDA BLVD. STE. 101 CITY OF INDUSTRY, CA 91744 GERARDO PEREZ 6261333 -0336 6261336 -7076 PORT ACCESS DEMONSTRATION CITY OF LOS ANGELES 638 S. BEACON ST. SAN PEDRO, CA 90731 CHARLES UKWU 3101732 -4674 310/732 -4670 TR 49104 -05 & 06 :2003 -3001 PLAYA VISTA 12555 W.. JEFFERSON BLVD., STE. 300 LOS ANGELES, CA 90066 JAMES P. SLATER 3101446 -4705 3101306-4897 $ 2,403,427.00 $ 4,628,727.00 $ 3,615,455.00 $ 3,140,593.00 $ 1,918,973.00 PROJECT PIER 400 TRANSPORATION CORRIDOR SO. SPEC. 2567 AIRPORT DRIVE WEST END AIP 3 -06- 0175 -08 6c 12 BERTHS 302 -305 BACKLAND EXPANSION PHASE II GRIFFITH COMPANY CURRENT WORK HISTORY 1999 ANNUAL PAVING & SITE WORK CONT. 2175 SPEC 2558 HAWTHORNE BOULEVARD 99 -07 BERTHS 302 -305 BACKLAND EXPANSION PHASE I IMPROVEMENTS OF CRENSHAW BOULEVARD SEASIDE AVE. /NAVY WAY GRADE SEPARATION AGENCY E CONTRACT AMOUNT COMPLETION DATE OR PERJECTED COMP DATE PORT OF LOS ANGELE $14,924,382.68 425 SOUTH PALOS VERDES ST. APRIL 1, 2002 SAN PEDRO, CA 90733 -0151 TO STACY JONES 310/732 -3698 JUNE 7, 2002 LOS ANGELES WORLD AIRPORT $ 8, 667, 994.56 1 WORLD WAY DEC. 2, 2000 LOS ANGELES, CA 90009 -2215 TO TED BEZABEH 310/646 -5252 MARCH 2, 2002 PORT OF LOS ANGELES $ 6,507,592.19 425 SOUTH PALOS VERDES ST. SEPT. 1, 2000 SAN PEDRO, CA 90733 -0151 TO STACY JONES 310/732 -3698 AUG. 31,2001 PORT OF LOS ANGELES $ 5,497,515.00 425 SOUTH PALOS VERDES ST. SEPTEMBER 1999 SAN PEDRO, CA 90733 -0151 STACY JONES 310/732 -3698 CITY OF HAWTHRONE $ 939,959.25 4455 WEST 126TE ST. SEPTEMBER 1999 HAWTHORNE, CA 90250 AKBAR FAROKHI 310/970 -7959 PORT OF LOS ANGELES $ 7,322,935.00 425 SOUTH PALOS VERDES ST. DEC. 1998 SAN PEDRO, CA 90733 -0151 BRUCE E. SEATTON CITY OF INGLEWOOOD $ 3,219,355.90 ONE MANCHESTER BLVD. DEC. 1998 INGLEWOOD, CA 90301 FIDEL BARAJAS 310/412 -5280 PORT OF LOS ANGELES $ 36,828,428.90 425 SOUTH PALOS VERDES STREET JUNE 1997 SAN PEDRO, CA 90733 -0151 BRUCE E. SEATON 310/732 -3522 1 PROJECT OR PERJECTED COMP. HACIENDA BLVD. ROUTE 210 LOPEZ CANYON IMPERIAL HWY. GRAND PLACE TOWER CHINATOWN REDEVELOPMENT CITRUS AVENUE MISSION ROAD IMPROVEMENTS RVD:3.15.02 Co CONTRACT AMOUNT AGENCY C & C ENGINEERING $ 7,925.911.60 255 N. HACIENDA BLVD.,STE. 222 MAY 1996 CITY OF INDUSTRY, CA 91744 MR. JOHN D. BALLAS 818/333 -0336 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION DIST. 7, CONSTRUCTION 15705 ARROW HWY., STE. 2 IRWINDALE, CA 91706 MR. KENT MEHTA $ 1, 156, 670.10 MAY 1994 STATE OF CALIFORNIA $ 1,998,424.40 DEPT, OF TRANSPORTATION MARCH 1994 17216 FIGUEROA GARDENA, CA 90248 MR.KAL LAMBAZ 310/516 -4120 TURNER CONSTRUCTION $ 480,000.00 601 W. 5TH STREET OCT. 1991 LOS ANGELES, CA 90071 CITY OF LOS ANGELES $ 1, 131, 82 6.00 C.R.A JUNE 1991 354 SOUTH SPRING ST., STE 800 LOS ANGELES, CA 90013 MR. JOHN BENZING 213/977 -2655 CITY OF COVINA $ 2,856,145.65 125 E. COLLEGE STREET JAN. 1991 COVINA, CA 91723 MR. RICHARD MORALEZ 818/858 -7247 CITY OF LOS ANGELES $ 915,383.50 DEPT. OF PUBLIC WORKS NOV. 1990 ROOM 353, CITY HALL 200 NORTH SPRING STREET LOS ANGELES, CA 90012 MR. CARL MILLS 213/485 -2439 `a GRIFFITH COMPANY PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS NEWPORT BOULEVARD REHABILITATION FROM 26TH STREET 30TH STREET CONTRACT NO. 3649 M 1 1 2 2 2 2 2 2 2 2 2 3 3 3 3 3 INTRODUCTION PART 1--- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -2 PROTECTION 5 -7 ADJUSTMENT TO GRADE 5 -8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK M 1 1 2 2 2 2 2 2 2 2 2 3 3 3 3 3 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT 3 OF THE WORK 6 -7 TIME OF COMPLETION 4 6 -7.1 General 4 6 -7.2 Working Days 4 6 -7.4 Working Hours 4 6 -9 LIQUIDATED DAMAGES 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -7 COOPERATION AND COLLATERAL WORK 5 7 -8 PROJECT SITE MAINTENANCE 6 7 -8.5 Temporary Light, Power and Water 6 7 -8.6 Water Pollution Control 6 7 -8.6.1 Best Management Practices and Monitoring Program 6 7 -10 PUBLIC CONVENIENCE AND SAFETY 6 7 -10.1 Traffic and Access 6 7 -10.2 Storage of Equipment and Materials in Public Streets 7 7 -10.3 Street Closures, Detours, Barricades 7 7 -10.4 Public Safety 8 7- 10.4.1 Safety Orders 8 7 -10.5 "No Parking" Signs 8 7 -10.7 Notice to Residents 8 7 -15 CONTRACTOR LICENSES 9 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 9 SECTION 9 MEASUREMENT AND PAYMENT 9 9 -3 PAYMENT 9 9 -3.1 General 9 9 -3.2 Partial and Final Payment 12 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 12 201 -1 PORTLAND CEMENT CONCRETE 12 201 -1.1.2 Concrete Specified by Class 12 SECTION 214 PAVEMENT MARKERS 12 214 -4 NONREFLECTIVE PAVEMENT MARKERS 12 214 -5 REFLECTIVE PAVEMENT MARKERS 12 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 13 300 -1 CLEARING AND GRUBBING 13 300 -1.3 Removal and Disposal of Materials 13 300 -1.3.2 Requirements 13 300 -1.5 Solid Waste Diversion 13 SECTION 302 ROADWAY SURFACING 13 302 -5 ASPHALT CONCRETE PAVEMENT 13 302 -5.1 General 13 302 -5.2 Cold Milling Asphalt Concrete Pavement 13 302 -5.2.1 General 13 302 -5.4 Tack Coat 13 302 -7 PAVEMENT FABRIC 14 302 -7.1 General 14 302 -7.2 Placement 14 302 -7.2.1 Pavement Preparation 14 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 14 303 -5 CONCRETE CURB, WALKS, GUTTERS, ACCESS RAMPS AND DRIVEWAYS 14 303 -5.1 Requirements 14 303 -5.1.1 General 14 303 -5.4 Joints 14 303 -5.4.1 General 14 303 -5.5 Finishing 14 303 -5.5.1 General 14 303 -5.5.2 Curb 14 303 -5.5.4 Gutter 14 SECTION 307 STREET LIGHTING AND TRAFFIC SIGNALS 15 307 -4 TRAFFIC SIGNAL CONSTRUCTION 15 307 -4.9 Vehicle Detectors 15 307 -4.9.3 Inductive Loops 15 SECTION 310 310 -5 310 -5.6 310 -5.6.7 310 -5.6.8 SECTION 312 312 -1 SECTION 600 600 -2 600 -2.1 600 -2.1.1 600 -2.6 600 -2.6.3 0 0 PAINTING 15 PAINTING VARIOUS SURFACES 15 Painting Traffic Striping, Pavement Markings, and Curb Markings 15 Layout, Alignment and Spotting 15 Application of Paint 15 PLACEMENT 16 MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES 16 CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENTS -WET PROCESS 16 Asphalt Rubber 16 General 16 Asphalt- Rubber Hot Mix Gap Graded 16 Rolling 16 • SP 1 OF 16 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS NEWPORT BOULEVARD, 30TH STREET TO 26TH STREET CONTRACT NO. C -3649 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing Nos. R- 5856 -S and T- 5918 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 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 curb access, driveway approaches, asphalt roadway, curb and gutter, cold milling the existing roadway, constructing PCC driveway approaches, curb, curb and gutter, asphalt patch back, asphalt overlays, asphalt pavement, pavement striping, traffic loops and all 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 Corner Record and /or a Record of Survey with the County Surveyor's Office is required after the Work completion. • SP2OF16 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 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 f • • SP3OF16 parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust to finish grade City - owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. For adjustment of Southern California Edison, The Gas Company, SBC, cable television, and other utility facilities to the finish grade, the Contractor shall submit to the Engineer a written request specifying facilities to be adjusted. The City will contact each utility company and request the utility company to adjust its facilities per the franchise agreement and asking the utility company to coordinate the adjustments with the City's contractor. The Contractor shall then coordinate with each utility company for the adjustment of these facilities. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing meter or valve box covers. The Contractor shall salvage all removed cast iron pipes. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 -3402. The contractor shall remove and salvage City -owned sewer manhole covers and grade rings and City owned water valve cans and covers, and furnish and install new sewer manhole cover and water valve covers prior to finish grade adjustment. Salvaged material shall be delivered to City Utilities Yard. SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the Notice to Proceed." • • SP4OF16 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." The term "work" as used herein shall include all traffic control, removals, adjustment, installation and construction of all improvements indicated on improvement plans and these specifications. 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 30 consecutive working days after the date on the Notice to Proceed. " 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." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 151 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`h, the first Monday in September (Labor Day), November 11`' (Veterans Day), the fourth Thursday in November (Thanksgiving), December 24`h, (Christmas Eve — half day), December 25`h (Christmas), and December 31" (New Year's Eve — half day). If January 1 st, 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 7:00 a.m. to 4:30 p.m. Monday through Thursday, and 7:00 a.m. to 3 :30 p.m. on Fridays. Should the Contractor elect to work outside normal working hours, he must first obtain special permission from the Engineer. The request may be to work up to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to Y • • SP5OF16 deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $60.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,000.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $1,000.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK Under a separate contract with the City, another contractor will be installing a waterline across Newport Boulevard at 30'h Street and replacing valves in the parking lane along the east side of Newport Boulevard within the limits of the project area. This work is anticipated to be completed prior to the start of this Contract. However, if inclement weather occurs and the water work is delayed, the Contractor is required to accommodate this installation of the waterline and valve replacements. City Inspectors will be assisting in coordinating the activities of both projects to minimize disruption to either project. Under a separate contract with the City, another Contractor will be putting a slurry seal down on Balboa Boulevard from Coast Highway to 22nd Street. This Contractor will review the schedule for the Newport Boulevard (26th /30`h Streets) project and schedule his activities accordingly to minimize traffic impacts in the area. No changes shall be allowed to the Newport Boulevard project schedule without written approval by the Engineer. Add to this section: "If needed, City forces will shut down all water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place." ` • • SP6OF16 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water containing mud, silt or other deleterious material due to the construction of this project, including all water used during sawcutting operations, shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean." 7 -8.6.1 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 including, but not limited to the following: a. No placement of construction materials where they could enter marine waters. b. Checking construction vehicles for leaking fluids. C. Monitor construction activities. d. Removal of any construction related debris on a daily basis. e. Protection of work areas from erosion. 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 -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 storefronts, offices, residences, etc., 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 establishments whose access will be impacted by construction operations, particularly sidewalk construction. 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 • 0 SP7OF16 of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed 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." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. All traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), 2001 Edition. The Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. The traffic control and detour plans must meet the following requirements: 1. Emergency vehicle access shall be maintained at all times 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and /or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection 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." 5. Along Newport Boulevard, the Contractor shall maintain two open travel lanes at all times with the following exceptions. Parking lanes may be utilized as needed to maintain two open travel lanes. Contractor shall coordinate with the City for bagging meters and posting no parking signs. Contractor will be allowed to shut down one travel lane for a short time when milling at 30`h or 26`h Street. One travel lane may also be shut down when performing final paving. 6. The Contractor shall provide for at least one traffic lane on site streets at all times. The Contractor shall be allowed to remove up to one half of the existing pavement width on 28 `h Street at any time. The Contractor shall • • SP9OF16 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the 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 providing bonds, insurance and financing, establishing a field office, preparing the SWPPP and construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents and businesses. 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, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, 2001 edition, and City of Newport Beach Requirements. K • • SP 10 OF 16 Item No. 3 Construction Advisory Sign: Work under this item shall include the fabrication, placement, maintenance and removal of one advisory sign placed at approximately 500' outside of the work limits on Newport Boulevard. Item No. 4 Excavation: Work under this item shall include removing pavement and excavating the proposed structural section. All existing asphalt concrete pavement that is to be joined by new construction shall be sawcut in a straight line. Contractor shall exercise caution to avoid damaging any existing improvements to be protected in- place. Any damage done by the Contractor and /or his equipment shall be repaired or replaced as called out in Section 7 -9 of the Standard Specifications at the Contractor's expense. Item No. 5 Cold Mill Asphalt Pavement: Work under this item shall include cold milling the asphalt roadway to a depth below edge of gutter or existing finished grade as shown on the drawings and all other work items as required to complete the work in place. Item No. 6 Cold Mill P.C.C. Pavement: Work under this item shall include cold milling the P.C.C. roadway to a depth below existing finished grade as shown on the drawings and all other work items as required to complete the work in place. Item No. 7 Crack Seal: Work under this item shall include routing out the crack, applying a soil sterileant, crack sealing of the existing asphalt roadway to be resurfaced with a hot - applied crack sealant, applying an asphaltic tack coat to the roadway and all other work items as required to complete the work in place. Item No. 8 1 -Inch Thick A.C. Leveling Course: Work under this item shall include crack sealing of all cracks that are wider than 1/8" in width, constructing the A.C. leveling course, compaction, and all other work as required to complete the work as shown on the plans. Item No. 9 6 -Inch Thick Asphalt Pavement Base Course: Work under this item shall include constructing 6 -inch thick asphalt pavement base course and all other work items as required to complete the work in place. Item No. 10 Minimum 2 -inch Thick A.R.H.M. Surface Course: Work under this item shall include construction of a 2 -inch thick A.R.H.M. pavement overlay unless noted otherwise on the drawings, mechanical and manual compaction, and all other work items as required to complete the work in place. Item No. 11 Glasgrid: Work under this item shall include cleaning, patching and sealing cracks, placing 1 -inch thick asphalt concrete bonding course over cold - milled PCC pavement, and placing Glasgrid 8501 fabric (or approved equal) at locations as directed by the Engineer, and all other work items as required to complete the work in place. r • 0 SP 11 OF 16 Item No. 12 Full Depth Asphalt Concrete Pavement: Work under this item shall include constructing a 2 -foot wide asphalt concrete pavement to depth as shown on the drawings, and all other work items as required to complete the work in place. Item No. 13 Remove and Construct 4 -Inch Thick P.C.C. Sidewalk: Work under this item shall include removing and disposing of the sidewalk, subgrade compaction, constructing the 4 -inch thick P.C.C. sidewalk, and all other work items as required to complete the work in place. Item No. 14 Remove and Construct Variable Height P.C.C. Type A Curb and Gutter: Work under this item shall include removing and disposing of the curb and gutter, compacting subgrade, reconstructing curb openings of existing curb drains, constructing P.C.C. curb and gutter, re- chiseling curb face for denoting utilities, and all other work items as required for performing the work complete and in place. Item No. 15 Remove and Construct P.C.C. Driveway Approach: Work under this item shall include removing improvements and constructing P.C.C. driveway approach and all other work items as required to complete the work in place. Item No. 16 Remove Driveway and Replace with Standard Concrete Curb and Gutter and Sidewalk: Work under this item shall include removing P.C.C. driveway and constructing concrete curb and gutter and sidewalk, and all other work items as required to complete the work in place. Item No. 17 Remove and Construct P.C.C. Access Ramp: Work under this item shall include removing improvements and constructing P.C.C. access ramps, and all other work items as required to complete the work in place. Item No. 18 Remove and Construct P.C.C. Alley Approach: Work under this item shall include removing improvements and constructing P.C.C. alley approach and all other work items as required to complete the work in place. Item No. 19 Adjust Manhole to Grade: Work under this item shall include adjusting all manholes to grade and all other work items as required to complete the work in place. Item No. 20 Adjust Water Valve Cover to Grade: Work under this item shall include adjusting all water valve frames and covers to grade and all other work items as required to complete the work in place. Item No. 21 Adjust Electrical/Traffic Signal Pull Box to Grade: Work under this item shall include adjusting existing pullboxes to grade, per City of Newport Beach standards and all other work items as required to complete the work in place. Item No. 22 Remove and Reinstall Parkway Culvert: Work under this item shall include removing and reinstalling parkway culverts Type "C and all other work items as required to complete the work in place. . • • SP 12 OF 16 Item No. 23 Remove Metal Plate and Footing: Work under this item shall include removal of metal plate and footing as shown on drawings and all other work items as required to complete the work in place. Item No. 24 Adjust Survey Monument to Grade: Work under this item shall include restoring disturbed survey monuments in accordance with Section 2 -9.6 of these specifications. Item No. 25 Pavement Striping, Markings and Markers: Work under this item shall include temporary and permanent striping, thermoplastic traffic and parking striping, pavement, pavement markers, curb painting (red curb shall be TMT Pathway Foundry Red), and all other work items as required to complete the work in place. Item No. 26 Traffic Signal Loop Replacement: Work under this item shall include, but not be limited to, replacing existing traffic loops as specified and all other work necessary to install traffic signal loops complete in place. Item No. 27 Surveying Services: Work under this item shall include the cost of construction staking, preliminary grades, final grades, centerline ties, all horizontal alignment, survey monument adjustment, as -built field notes, filing of corner records, reestablishment of property corners disturbed by the work, and other survey items as required to complete the work in place. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE. MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall be Class 560 -C- 3250." SECTION 214 - -- PAVEMENT MARKERS 214 -4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non - reflective pavement markers types A and AY shall be ceramic." 214 -5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass- covered reflective faces or be 3M Series 290." • • SP 13 OF 16 PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 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 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section: "The asphalt concrete (A.C.) used shall be III -C3 -AR -4000. All cracks '/ -inch or greater in width shall be cleaned and sealed with a hot - applied crack sealant approved by the Engineer. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302 -5.2 Cold Milling Asphalt Concrete Pavement. 302 -5.2.1 General Add to this section: "Contractor shall pave the milled surface within three working days of completing his milling operation on that segment of roadway." 302 -5.4 Tack Coat. Add to this section: 'Prior to placing the asphalt concrete patches, a tack coat of Type SS -1 h asphaltic emulsion at a rate not to exceed one — tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." E 302 -7 PAVEMENT FABRIC • SP 14 OF 16 302 -7.1 General. Add to this section: 'The pavement fabric shall be GLASGRID 8501 or approved equal." 302 -7.2 Placement 302 -7.2.1 Pavement Preparation. Add to this section: 'The Contractor shall fine mill the existing pavement to the desired depth in order to provide a smooth surface for application of the tack coat." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patshall 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. The alley apron at Station 14 +12.49 shall remain out of service a maximum of 10 working days." 303 -5.4 Joints 303 -5.4.1 General. Add to this section: "All sawcuts shall be made to a depth of 2 inches." 303 -5.5 Finishing 303 -5.5.1 General. Add to this section: 'The Contractor shall patch back A.C., P.C.C. and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color." 303 -5.5.2 Curb. Add to this section: 'The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer lateral and a chiseled W -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718 - 3402." 303 -5.5.4 Gutter. Add to this section: 'The Contractor shall hold the flow line tolerances to within 0.02 feet of those elevations shown on the plan." • • SP 15 OF 16 SECTION 307 - -- STREET LIGHTING AND TRAFFIC SIGNALS 307 -4 TRAFFIC SIGNAL CONSTRUCTION 307 -4.9 Vehicle Detectors 307 -4.9.3 Inductive Loops. Amend this Section to include: 'Traffic signal loop detectors shall be replaced per Caltrans Standard Plans ES -5A and ES -56 and shall be Type A or Type E. The new loop detectors shall be installed within the AC pavement final course. All installed loop detectors shall be completely functional to the satisfaction of the Engineer within five consecutive working days of AC pavement final course placement. 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. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 310 -5.6.8 Application of Paint. Add to this section "Painted traffic striping and markings shall be applied in two coats. The first coat of paint shall be dry before the second coat is applied. At least one application of paint shall be applied to all striping and markings within 24 hours after the finish course has been placed. Paint for traffic striping and pavement markings shall be white Formula Number 2572 -A9 and yellow Formula Number 2573 -A9 or green Formula Number 2594 -A9 as manufactured by Morton International. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re- install "NO PARKING, TOW- AWAY" signs and re- notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes /covers /damages any 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. T ` SP 16 OF 16 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." 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. SECTION 312 - -- PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT. Amend this section with: "The location and type of reflective fire hydrant pavement markers shall conform to City of Newport Beach STD - 902-L. The Contractor shall clean and protect (except as indicated per striping plans) or replace within 24 hours all reflective and non - reflective pavement markers covered, damaged, or removed as a result his operations. All raised markers to be installed must be installed between 15 to 30 calendar days after the final AC course has been placed. The raised markers shall be placed directly over the striping, where applicable" SECTION 600 - -- MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES 600 -2 CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENTS -WET PROCESS 600 -2.1 Asphalt- Rubber 600 -2.1.1 General. Add to this section: "Asphalt- rubber shall be type B." 600 -2.6 Asphalt- Rubber Hot Mix Gap- Graded 600 -2.6.3 Rolling. Add to this section: "Asphalt- Rubber Hot Mix Gap Graded material shall be compacted at or above 290 degrees Fahrenheit. Due to this requirement, the Contractor shall maintain three large self - propelled, vibrating steel wheel rollers, in working condition, on site to facilitate the initial breakdown rolling and intermediate rolling. The third roller will act as a stand -by in case of breakdown by one of the other rollers. Rubber tire rollers are not permitted. A minimum relative compaction of 95 percent is required. For each percentile less that the required 95 percent compaction the unit price for Item No. 6, Construct 2 -Inch Thick Asphalt Rubber Overlay, will be reduced by 10 percent. Any areas of roadway that does not have 90 percent relative compaction shall be removed, reinstalled and properly compacted at the Contract's sole expense." Pi 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. March 23, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUN FROM: Public Works Department Robert Stein, P.E. MAR 23 2004 949 - 644 -3311 rstein @city.newport- beach.ca.us SUBJECT: NEWPORT BOULEVARD FROM 26TH STREET NORTHERLY - AWARD OF CONTRACT NO. 3649 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3649 to Griffith Company for the total bid price of $160,950.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $16,000.00 to cover the cost of unforeseen work. 4. Approve geotechnical services in the amount of $5,000.00. DISCUSSION: At 11:00 A.M. on March 9, 2004 the City Clerk opened and read the following bids for this project: BIDDER Low Griffith Company 2 Silvia Construction 3 All American Asphalt 4 PALP, Inc. DBA Excel Paving Company 5 IPS International Paving Solution 6 Hillcrest Contracting 7 Tyner Paving Company 8 R.J. Noble Company TOTAL BID AMOUNT $160,950.00 $161,954.75 $174,174.00 $176,543.50 $178,800.00 $181,094.00 $203,744.50 $203,920.00 • * Corrected Bid Amount is $181,594.00 Subject: Newport Boulevatom 26'" Street Northerly — Award of Contract •3649 March 9, 2004 Page: 2 The low total bid amount is 13 percent below the engineer's estimate of $185,000. The low bidder, Griffith Company, possesses a California State Contractors License Classification "A" as required by the project specifications. A check of the Contractor's references indicates they have satisfactorily completed similar projects for other municipalities and the City. The work under this contract consists of removing existing curb, driveway approaches, asphalt roadway, curb and gutter, cold milling the existing roadway, constructing PCC driveway approaches, curb, curb and gutter, asphalt patch back, asphalt overlays, asphalt pavement, pavement striping, and traffic loops. Per the Contract Specifications, the Contractor will have 30 consecutive working days to complete the work. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines. This exemption covers the maintenance of highways and streets with negligible expansion in areas that are not environmentally sensitive. Geotechnical /Survey Services: Geotechnical services will be provided by an outside consultant per the On -Call Professional Services Agreement approved by Council on December 9, 2003. Funding Availability: There are sufficient funds available in the following account for the project: Account Description Gas Tax Prepared by: Robert Stein, P.E. Principal Civil Engineer Attachments: Project Location Map Bid Summary Account Number Amount 7181- C5100729 $181,950.00 Submitted by: Badum s Director J 0 0 U mQ W O CL W Z LL O } F �u z 2 W H Q IL W 0 C0 YN LL >O i U J in CL CL Elu N F $ Q W 2 ~ U v U w m w V � 2 _ m U U Z W OQ Q ❑ U O m } m ,I OR6 iv �W wz N < W W Z w d 0 0 0 a' m ti a E m m O 0 0 �S 3 p o p 0 P 0 p 0 p 0$ P p o o $ p o� p P p p p P p p p P $ P p P o r pO p 8 1p O 0 O 0 S 0 N p 0 lV 0 r 0 N . pp IA - o m o V p m O Q 17 m b Q Q b N R m O Q 1i N m O N m g N Z a o O 0 O 0 O S O N o O o b$ m o m b o O m n b N o O p N o O 0 O 0 O 0 O 0 O 0 O o O g O 0 O 0 O 0 O 0 O a (V O y O lV O OI w m b N tp p n 1� y N b ' O Q N m O O (O .< N 1N p Nro O m n m p C) � N l7 O1 � O 1I1 b ly d1 N O O O O O O O O O O S O O p O O O O O O P$ O O O O O O O O p O O O p O, 080 O O S O O O O O O S Im n N S m O O b O O m S m p I(1 m O O N O y p O N O S N p m m O O V O O O O O O p O O O O N O d O b Q A m N m t9 N b m a m N m" Q m N N N N m 17 r N O n Iq b m m l7 m N h 10 p A_ QZ U a r W O O m b O O O 0 O 0 O 0 Q o m m N 0 O 0 O 0 O 0 O 0 O 0 O 0 O S 0 O 0 O$ 0 O r n m O O O pp 00 Q e' O CV b m N n m p m' n m q N b O 0 P 0 �' O n pp O SS O O O N ❑ M N a 0 O 0 O 0 O O O (a 0 O 0 O 0 O o O 0 0 p O 0 O O O o o O O O O O S m O O S O O O p O o O Cm I O O N Z F•- Z N S h S N d N O N_ b �o O O O n O m m m m O0 i 'I 7 O _ N m N � a � b Z O O O O p m O O o p O m O b O O N O p O O O b O O O N O O O = IpA O n Q b m b m Cl Q n � m O� N N S_ ❑ � Z m o Q b l7 N 1O N_ N VbI_ Z p o 0 0 0 0 0 0 0 0 o p P p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o p o 0 0 0 O 0 O 0 O 0 p 0 P 0 O 0 N 0 O 0 0 O O 0 b 0 O 0 Yf 0 O 0 O 0 O 0 p 0 O 0 P 0 O 0 O 0 p 0 O 0 O 0 0 0 $ 0 O lV OI n C1 R b W V 0 o Q N b m o o IA pp mp O O N Q O Q O N b CY ID (V N" N (V cJ D_ O ONI a e U 0 o0 o0 oQ P oN n o o b 0 0 $oPm O °0 °0 0S 00O 0°0 00$ 0O 0 $ 0 C5 p O O 0 O O N 0 , 0 N 0 O 0 p p 0 P 0 O 0 p 0 O 0 0 O > Z p > .0000.0.00 P 9 O p o 0 0 0 o P 0 p p o o o 0 p 0 o 8C..0.0.00.0 o 0 0 o p o 0 0 0 0 0 F O G O O O O O O O O O O Z Q O b m N O O O pG p p O p O m O O O O O Q p O O O O b O O N b - tV tp m t7 t7 C1 N t7 r VI Oi n t7 p' pO W i a Q m c p 0 o 0 p 0 p 0 o 0 P 0 m N o o 0 0 p o o 0 p 0 o 0 0 0 0 0 0 0 0 0 o 0 g 0 0 o 0 p 0 o 0 0 0 0 0 0 0 0 0 p w 'L Q O m N O m YI N O O m O m Yl W } J J W U N N N f l- H V l h J N J W m W W W W W W J W J F- H $ O O p a•- � N 0 0� b p N$$ R1 O O r A O Q Q O O U q c o 6i d U P 0ci d U d ¢ t K L m r i a U H J m d tY..l y N Q ED d U> m V 8 C U w b U C C C Q 1 G 4 O j A. a '12 W y d o d 2 2 t UU tf ❑ c ad = .� .� = t 2 � 2 2si c a c N c �- C c c c [ c d j a f� d 'Z i 3 w min m J S£ v v_ o > >? - 0 o E Y d p C 0 c c o A E E U, E E c "v�is¢d E E °a E E> i t EFCgwc4c4U�eEtvup.� amaa Eh W A N nt Q N m n m Or O W N 1"1 Q b b n m mTN N N N N N r N 0 a' m ti a E m m O 0 0 �S 3 w iw W Z 4 ww Z � z m C� r� N 4 P UJ 0 O o O O O O S O O O o O O O O O O O O O O O O O O S O O O O O O S O O O O O op O O O O O O O O O O Z O F O F P N t0 m P 17 O Q 0 m O 0 O m O O F O O � O O 10 C O o O O N O F O m O O O N d a P 0 0 N N 0 Q p N J O o. 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