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HomeMy WebLinkAboutC-3650 - Corona del Mar Area Pavement RehabilitationCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC June 14, 2006 Orion Contracting, Inc. 806 Avenida Pico, Suite I -337 San Clemente, CA 92672 Subject: Corona del Mar Area Pavement Rehabilitation (C -3650) To Whom It May Concern: On June 14, 2005, 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 July 22, 2005. The Surety for the contract is Western Surety Company, and the bond number is 58619645. Enclosed is the Faithful Performance Bond. Sincerely, 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 rOUR COUNTERPARTS BOND NO. 58619645 PREMIUM: $12,427.00 Premium Is For Contract Term CITY OF NEWPORT BEACH And is Subject To Adjustment PUBLIC WORKS DEPARTMENT Based On Final Contract Puce CORONA DEL MAR AREA PAVEMENT REHABILITATION CONTRACT NO. 3650 BOND NO. 58619645 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 12,427.00 , being at the rate of $ 25.00/15.00/$10.00 thousand of the Contract price. WHEREAS, the Qty. -Cp1=ll ofibfl City of Newport Beach, State of California, by motion adopted, awarded toORIT1 CCONTRACTING,Ihe�rgmMfter designated as the "Principal ", a contract for construction of CORONA DEL MAR AREA PAVEMENT REHABILITATION, Contract No,.. 3650 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. 3650 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and WESTERN SURETY COMPANY , duly authorized to transact business under the laws of the State of California as Surety (hereinafter N"nSguEreDty are held and �s� I bou unto the City of Newport Beach, in the sum ofxIIRBMUHHx tit EA /�8 THOUS�D_SI wful 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 NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies ") as surety or insurer: Western Surety. Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading; PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90 %) of covered terrorism losses exceeding the applicable surety /insurer deductible. Form F7310 V� stern Surety Comt any POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Helen Maloney, John G. Maloney, Mark D Iatarola, Karen Jean Hall, Individually of Escondido, CA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmd. This Power of Attorney is made and executed pursuant to and by authority of the By -LAW printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 25th day of November, 2003. Q WESTERN SURETY COMPANY � Paul . Bruflat, Senior Vice President State of South Dakota County of Minnehah a 1 Iss On this 25th day of November, 2003, before me personally came Paul T. Brutlat, to me known, who, being by one duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires `4 \4Y \ \44h44444 \44444 \ \ \4 i + O H DAKO + November 30, 2006 + NOTARY PUBLIC + I FaL SOUTH DAKOTA SHAL i F444444444444444444444444 D. Krell, Noibry Public CERTIFICATE 1, L Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney nereinabove set forth is still in force, and further certify that the By -law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscdbod my name and affixed the seal of the said corporation this 30TH day of .TUNE , 2004 rFe WESTERN SURETY COMPANY L Nelson, Assistant Secretary Fmm F4280-01 -02 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. 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 tees, incurred by the City, only in the evenMe 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 perforated 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 WHE=REOF, this instrument has been duly executed by the Principal and, Surety above named, on the 30TH day of JUNE- , 2004. ti ORION CONTRACTING, INC. Name of Contractor (Principal) WESTERN SURETY COMPANY Name of Surety 2355 EAST CAMELBACK ROAD, SUITE 500 PHOENIX, AZ 85016 Address of Surety 800/262 -2115 Telephone BY: K ia,VLW �/ Auth ed SignaturelTtle KENNETH A. WEIRiz�' PRESIDENT / BY: /�/'d //Y J /-/% Authorized Agent SigfigtGre KAREN JEAN HALL, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 State of CALIFORNIA County of SAN DIEGO On 6/30/2004 before me, DEBORAH D. DAVIS,..NOTARY PUBLIC DATE NAME. TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC' personally appeared KENNETH A. WEIR, KAREN JEAN HALL 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 name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed DEBORAH D.DAVIS the same in his /her /their authorized COMM. #1412744 capacity(ies), and that by his /her /their s •o NOTARY PUSUC-CAUFORNIA N SAN DIEGO COUNTY signature(s) on the instrument the person(s), c ,a,w• My Comm.Exp. APRIL21.2 or the entity upon behalf of which the person(s) acted, executed the instrument. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL SECTION TITLE OR TYPE OF No. 5193 OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Through statute does not require the Notary to fill in the data below, doing so may,prove invaluable to persons relying on the document ❑ INDIVIDUAL ® CORPORATE OFFICER(S) PRESIDENT TITLES) ❑ PARTNER(S) ❑ LIMITED [-]GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC July 22, 2005 Orion Contracting, Inc. 806 Avenida Pico, Suite I -337 San Clemente, CA 92672 Subject: Corona del Mar Area Pavement Rehabilitation (C -3650) To Whom It May Concern: On June 14, 2005, 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 Tune 17, 2005, Reference No. 2005000470078. The Surety for the contract is Western Surety Company, and the bond number is 58619645. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, MMC City Clerk cc: Public Works Department R. Gunther, P.E. encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us EXECV-� IN FOUR COUNTERPARTS BOND NO. 58619645 PSZMXU' INCLUDED IN PE YCIRMANCE B017 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DELI MAR AREA PAVEMENT REHABILITATION CONTRACT NO, 3650 BOND NO, 58619645 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded toORI&CONTRACTING, hereinafter designated as the "Principal," a contract for construction of CORONA DEL MAR AREA PAVEMENT REHABILITATION, Contract No. 3650 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, 3650 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, WESTERN SURETY COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as `Surety') are held firmly bound unto the City of Newport Beach, in the sum ofHNUM i `E 8USAND - - - - -- lawful money of the United States of America, said sum being equa o 0 /a o t e estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. ' THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such.work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 26 0 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 Califomia Civil Code so as to give aright 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 e4. 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 30TH day of JUNE , 2004. ORION CONTRACTING, INC. BY: Name of Contractor (Principal) Authorized Signature/Title KENNE WEIR, PRESIDENT WESTERN SURETY COMPANY BY: Name of Surety Authorized Agen nature 2355 EAST CAMELBACK ROAD, SUITE 500 PHOENIX, AZ 85016 Address of Surety 800/262 -2115 Telephone KAREN JEAN HALL, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 Ab a 60LLJr%Jn IU% ALL- Y1L0Ri'V.7C A41WfVwLCLUMC7\ t — No. 5193 State of CALIFORNIA County of SAN DIEGO I 6/30/2004 DEBORAH D. DAVIS, NOTARY PUBLIC On before me, DATE NAME, TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC' personally appeared KENNETH A. WEIR, KAREN JEAN HALL ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose narile(s) is /are subscribed to the within instrument and ac- - knowledged to me that he /she /they executed " ° "; DEBORAH p. DAVIS the same in his /her /their authorized n W COMM. # 1412744 3 capacity(ies), and that by his /her /their o. o NOTARY PUBLIC- CALIFORNIA v signature(s) person(s), SAN DIEGO COUNTY si tre g ( s ) on the instrument the s p ( )r �mN My Comm. Up. APRIL 21,2007 or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. � OPTIONAL SECTION � CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ❑ INDIVIDUAL ® CORPORATE OFFICER(S) PRESIDENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED 'E] GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR EN-nTY(IES) �( SIGNATURE NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this forth. SIGNER(S) OTHER THAN NAMED ABOVE A stern Surety Cortany POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Helen Maloney, John G. Maloney, Mark D Iatarola, Karen Jean Hall, Individually of Escondido, CA, its one and lawful Attomey(s )-in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 25th day of November, 2003. En WESTERN SURETY COMPANY 'f��. SE At. ii J�rM OrA aF Paul 4rBruflat, Senior Vice President State of South Dakota County of Minnehaha as On this 25th day of November, 2003, before me personally came Paul T. Bruflat, to me known, who, being by the duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he (mows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires i44 4 4 44444V44444444444444 D. KRELL November 30, 2006 EAL Eft Nawry PUBLIC S r SOUTH DAKOTA r ♦4444 \444444444444444444 D. Krell, No ry a Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 30TH day of .TUNE , 2004 ?� WESTERN SURETY COMPANY f \SE Px' v 41 DM�4 L. Nelson, Assistant Secretary Fonn F4290-01 -02 .0 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary„ Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any, Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies ") as surety or insurer: Western Surety. Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading; PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90 %) of covered terrorism losses exceeding the applicable surety /insurer deductible. Form F7310 0 0 61 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder IIIIIIIIIIIIIIIIIIIIIIIIICIIili111111lilili111111111111111 111111111IIIIII!NO FEE 200500047007810:38am 06117105 106 51 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code -Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Orion Contracting of San Clemente, California, as Contractor, entered into a Contract on June 22, 2004. Said Contract set forth certain improvements, as follows: Corona del Mar Area Pavement Rehabilitation (C -3650) Work on said Contract- was - completed on-t ay-%, -2005, and- was -found to be acceptable on June 14. 2005, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Western Surety Company. VERIFICA PG61ic s Director City of ewport Beach I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on <14t42 L,/ a00 S at Newport Beach, California. BY(/r9Yl�n[_ �%i.�yPih of City Clerk o` NFL ur c_ N U V JF s, � rF- F- N 7 V t t N ? - Z L . j ._ .. �. u- C- U O VERIFICA PG61ic s Director City of ewport Beach I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on <14t42 L,/ a00 S at Newport Beach, California. BY(/r9Yl�n[_ �%i.�yPih of City Clerk o` NFL ur • • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC June 15, 2005 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion (C -3650) Please record the enclosed document and return it to the -City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, MMC City Clerk 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 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 xemp'from recor ing fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Orion Contracting of San Clemente, California, as Contractor, entered into a Contract on June 22, 2004. Said Contract set forth certain improvements, as follows: Corona del Mar Area Pavement Rehabilitation (C -3650 Work on said Contract was completed on May 10. 2005, and was found to be acceptable on June 14, 2005, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Western Surety Company. PGblic s Director City of ewport Beach VERIFICA I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on � a00 s at Newport Beach, California. BYV YLn�_ �✓ of City Clerk G� �F C) CITY . CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 9 June 14, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department; ' .. R.Gunther, P.E. �._. �` ...... , 949 - 644 -3311 JIInN [y rgunther@city.newport-beach.ca.us rRGV SUBJECT: CORONA DEL MAR AREA PAVEMENT REHABIL JAI 1UN — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3650 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond one year after Council acceptance. DISCUSSION: On June 22, 2004, the City Council authorized the award of the CDM Area Pavement Rehabilitation contract to Orion Contracting. The contract provided for the removal and replacement of portions of deteriorated asphalt roadway, replacement of portions of deteriorated PCC roadway, cold milling and overlaying other portions of roadway, installing reinforcing fabric, replacing uplifted curb and gutter, root pruning, replacement of curb access ramps, construction of cross gutters and other incidental items of work. The contract has now been completed, however there were a number of problems during the course of work by Orion Contracting. 1. They failed to provide a sufficient work phasing schedule to minimize disruption to vehicle and pedestrian traffic as required by Section 7 -10.3 of the contract. They also did not meet the requirement of not having two adjacent streets under . construction at the same time or the requirement of having all streets open during evenings and weekends. (Attachments 1 and 2). SUBJECT: Corona del Mai Ar *nrent Rehabilitation - Completion And Aooeptan ntract No. 3650 June 14, 2005 Page 2 2. They were unable to meet the schedule of completion of October 4, 2004, but were given time extensions due to the extreme rainy season that followed. Final corrective paving was not done until March 2005, and the punchlist was not completed until April 2005. (Attachment 3). 3. They excavated and removed the asphalt surface and base of Evening Canyon Road in Shorecliffs on Tuesday, October 19, 2004, when there was a 100% forecast for a downpour of 4- inches of rain that day. This was seriously harmful to the project. The contractor was held responsible for additional costs due to this lapse in judgement. 4. Their asphalt paving surface course on approximately half the roads in the Shorecliffs was not acceptable. Numerous complaints of the rough riding surface were received from residents and Staff. The contractor was required to completely repave these defective areas with a new 2 -inch asphalt smooth riding surface. (Attachments 4 & 5) 5. Survey centerline tie requirements were delayed and it was difficult to have them properly installed by the contractor. 0 The project is now complete and meets City quality standards. However, the public and the surrounding neighborhood paid a heavy premium in delays, disruptions, and • inconveniences. City Staff also spent an extraordinary amount of time managing this project which causes delays to the overall delivery of capital improvement program. A summary of the contract cost is as follows: Original bid amount: $892,660 Actual amount of bid items constructed: 908,859.00 Total amount of change orders: 175,983.01 Final contract cost: $1,084,842.01 The increase in the amount of actual bid items constructed over the original bid amount resulted from the need for additional removal and reconstruction of PCC gutters and cross - gutters. The final overall construction cost including change orders was 21.5% percent over the original bid amount. The City Manager has given his written authorization to exceed the original contract by over 10% per the City Council Policy F- 3. Nine change orders were issued for the project for a total of $175,983.01. In general, these changes were the result of unforeseen conditions and damage from excessive rainstorm events. They were as follows. 1. In the amount of $56,624.40 for paving Waterfront Street and for additional pavement fabric. • SUBJECT: Corona del Mar Are*nnent Rehabilitation - Completion And Acceptance ntract No. 3650 June 14, 2005 Page 3 2. In the amount of $12,498.64 for storm drain ring and covers, R &R on Morning Canyon due to watermain break, mirafi geotextile fabric, and additional striping on Third Street. 3. In the amount of $5,572.02 for removal of old underground utilities and buried PCC. 4. In the amount of $14,982.55 for asphalt and concrete restorative work on Dorchester Road and miscellaneous work. 5. In the amount of $71,575.50 for over - excavation of sub base and installation and compaction of new CMB material base. 6. In the amount of $6,577.63 for asphalt repair on Shorecliff at edge of project limit. 7. In the amount of $23,750, including $8,750 for additional ramps, curb and gutter, and overtime payment for work on Waterfront Street. Also $15,000 (40 %) for City share of additional grinding and repaving of 3 streets. 8. Deduction of $22,416.11 to correct the amount paid in Change Order 8. (This deductive change order used a corrected 'as- placed' unit weight for the CMB of 1.65 tons /cubic yard). 9. In the amount of $6,818.38 for temporary asphalt for intersection under construction and to assist City crews to backfill and pave after watermain break. 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 Gas Tax Account Number 7181- C5100302 7181- C5100730 Amount $103,182.01 $981,660.00 $1,084,842.01 The original contract completion date was October 4, 2004. All work was completed on May 10, 2005, the revised completion date given due to the heavy rains, change order work added and re- paving required. Prepared by: Submitted b r R. Gunther, P.E. St pen . Badum Construction Engineer ublic Works Director Attachments CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 1768 NEWPORT BEACH, CA 92658 -8915 FAX COVER SHEET DATE. 919104 FAX NUMBER: 949 - 545 -2493 nt COMPANY., Orion Contracting, 806 Ave Pico, Ste 1 -337, San Clemente, Ca. 92672 ATTENTION OF: Ken Weir/ Jim Yackley SUBJECT. CDM Pavement Rehab; C -3650 FROM. R. Gunther, Construction Engineer FAXED BY: PHONE NUMBER: (949) 644 -3325 FAX NUMBER: (949) 644 -3318 NUMBER OF PAGES INCLUDING COVER SHEET: 1 Orion is seriously behind schedule on this project. Particularly of concern is the lack of progress on any asphalt paving on the seven streets in CDM north of PCH. These streets have been dug up for a number of weeks, severely causing access, parking and dust problems. 1. Your schedule submitted in July showed that 4 streets, Fernleaf. Goldenrod, Iris 2. September 2nd. Neither of these paving schedules were met. All these streets need to be paved as soon as possible. Also, as the submitted schedule is no longer of any value, you need to submit a revised schedule by Wednesday September 15 that delineates the completion of your work in CDM as well as the paving in Shorecliffs by the contract completion date of October 4, 2004. Cc: Steve Badum, Public Works Director Bill Patapoff, City Engineer Rob Masters, Senior Inspector Steve Luy, Project Manager Bob Stein, Principal Engineer Please Notify Sender If Transmission Is Incomplete. 0 0 ICJ September 17, 2004 Attachment No. 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director Jim Yackiey Facsimile: 949 - 545 -2493 Orion Contracting, Inc. 806 E. Avenida Pico, Suite 1 -337 San Clemente, CA 92672 Subject: Corona Del Mar Pavement Rehabilitation Contract No. 3650 — Construction Phasing Dear Mr. Yackley, As you are aware, the specification for this project required a construction phasing plan in order to provide for,oubiic street and driveway access every evening and every weekend during the work. Due to di cu!ties associated with the construction of the streets so far, the City has drafted a construction phasing plan for the work remaining in the Shorecliffs tract, which call out 6 work areas, in which work could be done in only one area at a time. More importantly, you will need to provide input into this work, phasing plan to estimate the length of street within each work area that you are able to excavate and place compacted base (along with providing necessary ramping to driveways and edges) in order to provide a drivable surface each night such that local vehicular traffic may access their homes each night. Please provide this information as soon as possible. After receiving that information, we want to meet with Orion at City Hall to review the final work plan. No street reconstruction work is allowed to start until this meeting is held and written notification given to Orion to proceed with the street reconstruction work. You should contact the Senior Inspector Rob Masters at 949 - 644 -3312 when you have the information available and to arrange the meeting. (The concrete work in the Shorecliffs tract may proceed at this time as planned). Sincerely, R. Gunther, Construction Engineer cc: Steve Badum, Public Works Director Bill Patapoff, City Engineer Rob Masters, Senior Inspector Steve Luy, Project Manager Frank Tran, Project Engineer 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3311 • Fax: (949) 644 -3318 • www.city.newport- beach.ca.us • 0 Attachment No. 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director July 14, 2004 Orion Contracting, Inc. Via Facsimile: 949 -545 -2493 806 E. Avenida Pico, Suite 1 -337 San Clemente, CA 92672 Subject: NOTICE TO PROCEED Corona Del Mar Pavement Rehabilitation Contract No. 3650 Subject: NOTICE TO PROCEED Gentlemen: You are hereby notified that your contract time will start on August 2, 2004 and you are to fully complete the work within forty-five (45) consecutive working days • thereafter. Your contract completion date is, therefore, October 4, 2004. If you are delayed in completing the work for any of the reasons stated in the Contract Documents, notify the City Engineer in writing, explaining the causes cf delay, and a determination will be made for any aliowabie time enension. In addition, if you do not complete the wo-k within the time allowed, $500.00 per calendar day in liquidated damages will be assessed per the Contract Documents. If you have any questions, please call the Project Engineer, Stephen Luy, at 949- 644 -3330. Sincerely, Bill Patapoff City Engineer cc: R. Gunther, Construction Engineer 0 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3311 • Fax: (949) 644 -3318 • www.city.newport- beach.ca.us 0 • Attachment No. 4 CITY OF NEWPORT BEACH ` PUBLIC WORKS DEPARTMENT FoaN�P Stephen G. Badum, Director January 13, 2005 Fax: 949 -545 -2493 Jim Yackley Orion Contracting, Inc. 806 E. Ave Pico, Suite I -337 San Clemente, CA 92673 Subject: CDM Area Pavement Rehab., C -3650 Asphalt Problem Areas The asphalt placed on this project has problem areas that need to be repaired, including the following: 1. Unacceptable Asphalt Driving Surface - In the Shorecliffs tract there are areas of rough ride and bird baths. On Evening Canyon, Seaward and D ftwood the ride is unacceptably rough. The City has received numerous complaints from the residents about the poor rideability and quality of the work. Also, there are bird baths on the south end of Evening Canyon that are holding over an inch of water. 2. Asphalt Raveling - The asphalt is raveling in areas of Shorecliffs, particularly on Driftwood at Seaward, Evening Canyon at Shorecliffs, and Morning Canyon at Shorecliffs the excessive raveling and loose gravel are creating a hazard. This needs to be replaced. The asphalt placed in these areas has failed material tests for stability and percentage of asphalt as noted in the attached laboratory report. 3. Unacceptable Patches - a) The asphalt patch placed on Avocado is not acceptable and will need to be removed and replaced. It appears to have been cold when placed and is failing already. b) The paving at 5th Ave. and Jasmine is marked for removal and replacement due to excessive cracking and premature failure. 4. Raised Edge of Gutter - The roadwork on Jasmine from 3`d St to 51h St. has lifted the gutter on the east side of the roadway, resulting in the pavement and edge of gutter being too high. It needs to be replaced at the proper elevation. Please provide us with your plans to make repairs for the above items and your proposed schedule to complete this remedial work. If you have any questions you may contact me or Rob Masters at (949) 644 -3311. Sincerely, R. Gunther Construction Engineer 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3311 • Fax: (949) 644 -3318 • www.city.newport- beach.ca.us February 17, 2005 Jim Yackley Orion Contracting, Inc. 806 E. Ave Pico, Suite 1 -337 San Clemente, CA 92673 kttachment No. 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director Fax: 949 -545 -2493 and Mail Subject: Corona Del Mar Area Pavement Rehabilitation, Contract No. 3650 Unacceptable Asphalt Paving on Evening Canyon Road, Seaward and Driftwood This letter is a follow up to item one of the City's letter of January 13, 2005 and your response letter dated February 10, 2005. Your letter states that the sub -grade was unsuitable /unstable for paving and that your paving machine was constantly breaking through the base section. You also stated that Orion Contracting performed additional efforts in the form of providing additional labor and equipment, digging out base course asphalt in areas that would not hold up to the paving equipment, and laying the asphalt material in two lifts on the last two streets. Orion is required to provide a finished asphalt roadway with a smooth riding surface. That has not been done. Therefore, Orion must repave the areas that are unacceptable. Generally the areas that are unacceptable are areas where Orion chose to place a single 4" deep -lift of asphalt, rather than a 2 -1/2" base lift (Bid Item 7) followed by a 1 -1/2" surface course (Bid Item 8). Also, in October 2004, Orion chose to completely remove the old asphalt on Evening Canyon Road immediately prior to a forecasted severe rainstorm thereby causing problems with wet subgrade and the reconstruction of the roadway. riding surface. This work shall be completed by completion of this item by February 24, 2005. Sincerely, Bill Patapoff City Engineer 15, 2005. Please provide a schedule for your Attachments: Map of Street Areas Requiring Grinding and New Asphalt Surface Course Orion letter dated February 10, 2005 c: Steve Badum, Public Works Director R. Gunter, Construction Engineer Rob Masters, Senior PW Inspector Steve Luy, Project Manager Frank Tran, Project Engineer Robin Clauson, City Attorney Maggie O'Conner, CNA Surety, 2355 East Camelback Road, Suite 500, Phoenix, AZ 85016 Fax: 602 - 212 -3352; Bond No. 58619645 3300 Newport Boulevard - Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3311 • Fax: (949) 644 -3318 • www.city.newport- beach.ca.us 9 11 0 CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS (4,QO OD40y) Sealed bids may be received-at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 a.m. on the 8th day of June 2004, at which time such bids shall be opened and read for CORONA DEL MAR AREA PAVEMENT REHABILITATION Title of Project Contract No. 3650 $865,000.00 Engineer's Estimate ten G. Badum Works Director BIDDER'S LIST AVAILABLE ON CITY WEBSITE: http://www.city.newport beach. ca. u s /pbwb id I ist/defau It, as p Click: Online Services — Public Works Bid List Prospective bidders may obtain one set of bid documents for $20.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project; "A" For further information, call Stephen J. Luy, Project Manager at (949) 644 -3330 9 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR AREA PAVEMENT REHABILITATION CONTRACT NO. 3650 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 F r, I, 0 10 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR AREA PAVEMENT REHABILITATION CONTRACT NO. 3650 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The 3 securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 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. A777839 Contractor's License No. & Classification n,+mxr 7 rw- rgACT1NG, iNG Bidder al"--- Au hMorized Signature/Title (o -Z_(Jj Date ti Y I CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR AREA PAVEMENT REHABILITATION CONTRACT NO. 3650 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally h-ld and firmly bound to the City of Newport Reach, a Charter city, in the principal Sum of TEN PERCENT OF GREATER AMOUNT BID Dollars ($ 107 ), to be paid and forfeited to the City of Newporr neacn if the bid proposal of the undersigned Principal for the construction of CORONA DEL MAR AREA 'PAVEMENT REHABILITATION, Contract No. 3650 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 7TH day of ORION CONTRACTING, INC. Name of Contractor (Principal) WESTERN SURETY COMPANY Name of Surety 2355 EAST CAMELBACK ROAD, SUITE 500 PHOENIX; AZ 85016 Address of Surety 800/ 262 -2115 Telephone NNE , 2004. BY: e := Authorized SipnatureMbe KENNETH A. WEIR, PRESIDENT BY: Authorized Age t ignatur KAREN JEAN HALL, ATTORNEY -IN -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must he attached) NIA ALL - PURPOSE No. 5193 State of CALIFORNIA OPTIONAL SECTION iiiiiiiiillim CAPACITY CLAIMED BY SIGNER County of SAN DIEGO Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. On 6/7/2004 before me, DEBORAH D. DAVIS, NOTARY PUBLIC ❑ INDIVIDUAL DATE NAME, TITLE OF OFFICER - E.G..'JANE DOE, NOTARY PUBLIC' ®CORPORATE OFFICER(S) KENNETH A. WEIR, KAREN JEAN HALL personally appeared PRESIDENT TITLES) NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence ❑ PARTNER(S) ❑ LIMITED to be the person(s) whose name(s) is /are [—]GENERAL subscribed to the within instrument and ac- ® ATTORNEY -IN -FACT knowledged to me that he /she /they executed ❑ TRUSTEE(S) DEBORAH D. DAVIS the same in his /her /their authorized ❑ GUARDIAN /CONSERVATOR T E> COMM. 81412744 capacity(ies), and that by his /her /their OTHER: uF ®- #" NOTARY PUBLIC - CALIFORNIA signature(s) on the instrument the person(s), Yuo \ \., .r� SAN DIEGO COUNTY My Comm Exp APRIL 21, 2007 9 or the entity upon behalf of which the y p �H.. person(s) acted, executed the instrument. SIGNER IS REPRESENTING: WITNESS my hand and official Seal. NAME OF PERSON(S) OR ENTITY(IES) SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, R could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE uaeaftwrN ♦ RWmpa 5Amipue 1 Nevn V�pufw:a v Prwrvyat Winer �Neamm'n RcV •AloutAM best m SAARGNOK Eavar Gmp »yi:ene w AH. Pe.rwanwr More Search Options ,rh.e rK ir. eeen "rma aw :xr NTNO rye CAf 4iCCN.Ym.�yCmen:_ Accessing the pages on ambest.com constitutes the users agreement to our terms of use, Information collected Na this Web site is probected by our riP vacY statemen( Comments or concerns should be Mem4of CNA Insurance Companies A.M. Be": 00974 NAIC #:13188 View a list of group members or the group's rating Y� A: 'Ratings as of 0&0612004 05:02:18 PM E.S.T. Best's Rating A (Excellent)* Financial Size Category VIII ($100 million to $250 million) Rating Category (Excellent): Assigned to companies that have, in our opinion, an excellent ability to meet their ongoing obligations to policyholders. Important Notice: Best's Ratings reflect our opinion based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet strength, operating performance and business profile. These ratings are not a warranty of an insurer's current or future ability to meet its contractual obligations. View our entire notice for a complete details. Companies interested in placing a Best's Security Icon on their web site to promote their financial strength may register online. Copyright © 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, wthout the prior wntten permission of the A.M. Best Company. Refer to our terms of use for additional details. A State q� f CALIFORNIA 1 County of SAN DIEGO Jl1i On 6/7/2004 before me, DEBORAH D. DAVIS, NOTARY PUBLIC DATE NAME, TITLE OF OFFICER -E.G.. -JAME DOE, NOTARY PUBLIC' personally appeared KENNETH A. WEIR, KAREN JEAN HALL 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 name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed DEBORAH D. DAVIS the same in his /her /their authorized °`• °'rte. ca acit les , and that b his /her /their COMM. #1412744 P y( ) Y '10 NOTARY PUBLIC CALIfORN1A ry signature(s) on the instrument the person(s), r SAN DIEGO COUNTY or the entity upon behalf of which the My Comm. Exp. APRIL 21, 2001 Y P persons) acted, executed the instrument. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, R could prevent fraudulent reattachment of this form. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL SECTION TITLE OR TYPE OF DOCUMENT No. 5193'_3: OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons retying on the document INDIVIDUAL ® CORPORATE OFFICER(S) PRESIDENT TITLE(S) PARTNER(S) E] LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT TRUSTEES) GUARDIAN /CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE � J .r . . 4stem Surety Cor#any POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Helen Maloney, John G. Maloney, Mark D Iatarola, Karen Jean Hall, Individually of Escondido, CA, its true and lawful Atiomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the B)Aaw printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Wituess Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 25th day of November, 2003. \,\uarrvo WESTERN SURETY COMPANY M Paul . Bmflat, Senior Vice President State of South Dakota County of Minnehaha I as On this 25th day of November, 2003, before me personally came Paul T. Bmflat, to me known, who, being by me duly swum, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his narne thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires + D. KRELL November 30, 2006 • NOTARY PUBLIC EAL SOUTH DAKOTA 8' �YY \44444V4Y4Y4Y4Y\ \4444 D. Krell, Nolliry Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 7TH day of JUNE . 2004 . Fmm F0280-0"2 WESTERN SURETY COMPANY L Nelson, Assistant Secretary Authorizing By -Law ' ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. , 0 NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies ") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90 %) of covered terrorism losses exceeding the applicable surety /insurer deductible. Forth F7310 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT r� CORONA DEL MAR AREA PAVEMENT REHABILITATION CONTRACT NO. 3650 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 Number Description of Work %of Total Bid Name: O &51y( '✓/ /Q "/�x Address: 14 �V� /e' /, �� t[[iOY � CAG,. d 9 /� Phone: State License Number: U ss Name: /2 , Address: Phone: / it G State License Number: Name: f75ro C . , _ , 1 A 'f' Address: �% � ✓cam -�=, �� Phone: }G.3S'yGyS� State License Number: Bidder Aut =rued Signature/Title CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL NEAR AREA PAVEMENT REHAB ILITAT fON CONTRACT NO. 3650 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. eq�v C. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number M Project Description eT►'ZA,-"- �V�y /!✓^'�^ +� Approximate Construction Dates: From 0 r To: 410 Agency Name • /I Contact Person l Telephone 3� �3 Original Contract Amount $ di Final Contract Amount $ q4 If final amount is different from ongi Irya� Please e xplain (chnpe 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. P Project Name Project Descr Approximate Agency Nami Contact Pers Original Cont • is If final amount is different from original.pjease explain ( change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Project Name /Number Project Description ^�✓ (� Approximate Construytion Dates: From 3 To: V6 Agency Name (/ v w /" � / 1!LW0vL Contact Person lephone Y �l ry Original Contract Amount $ 7" Final Contract Amount $ 38, 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. e 1. 4 eject Name /Number _ eject Description proximate Constructior Agency Name Contact Person Original Contract Amount 0 t Dates: From 0 y To: QL Telephone C!` IFFY 3554 Contract Amount $ x (p 0. UYv• If final amount is different from original, ple?sp explain (chan�e,ordjers, 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 e Project Name /Number d� e c Project Description Atlwt I A442 CL Approximate Constructygn Des: From Agency Name v VVA v lrz f� Contact Person Telephone 3 N Original Contract Amount $ inal Contract Amount $ Z' �� • � If final amount is different from origi lain (changg 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. 0 No. 6 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person Original Contract Amount $ Final If final amount is different from original, i (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. ^ftION CONTRACTRA �r Bidder 10 Authorized Signature/Title O O O O N N CV N N N M M M co m d' v aAi a o. O. A '� O O 0 O T O' G° 2 gO n } VO r 7 O O o p y,yy p p° 0 0 0 0 0 O N N O o0 M .p° t �W M 6� �N °rO 7�D � � N 0 7 NMO a0 D n M N N n CO %D N � � M 7 -.a Ao HJ 49 fA V3 V} 6s, 103, N 6s, �I 643. O � o C Ro R Go O MN 7M 0, a, N N �MO N M 00 �i O 17 �O O 0 �O h O N W .� •� 000,18 OD N N W aN 0 T t� h 7 O N T ON LO7lO M 00 V 7ON 1�MO� Q, TAD V 4N6z a, 7O` 't O\m O, m O,O 7 It N n ,y \O N N R .n A V H n 7 O 7 7 •'� y. 0` nny �O 0.nn L��O ON 0•0+ON m z aaopcQQW��`�A°, (� �3UV T''•S A cd VU zza 0 �E tl�am° a'UA`�� S, ~ LU Zo w W N Q N w U C :.i x lim .,V.i cxA .a a0o oo°« ooea •,.ti..• a. zZ ° Im, wad i? 0 W: m U w N � 0�0 600 Q G 4) A ca�$4 0 •"' A w 0 c3�ax£1�iaa�i���Li��� o o aqi .0 ,• •J,,'' U C >w> N - 0 p O d W 0 ° 0, ' a8x° >p�gm�•co c O a° +� ° qp G ° m ° q C vi q � � 'u ai m m +• �". F. d y 0 1J CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR AREA PAVEMENT REHABILITATION CONTRACT NO. 3650 NON - COLLUSION AFFIDAVIT State of California ) ss. County of i?^ NGF.. KENNETH X WEIR being first duly sworn, de oses nd says that he or she is n0M1r1FN'i of nPinN CONTRACTING, IN�. 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 parry 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. ORION CONTRACTING, INC. Bidder Subscribed and sworn to before me this .. Notary Public My Commission Expires: W Authorized Signature/Title 11 day of J wyx-e [SEAL] 2004. • State of CALIFORNIA County of SAN DIEGO On b 4 before me, DEBORAH D. DAVIS, NOTARY PUBLIC D E NAME, TITLE OF OFFICER - E.G.. "JANE DOE, NOTARY PUBLIC' personally appeared KENNETH A. WEIR 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 name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed DEBORAH D.DAVIS the same in his /her /their authorized N '"s COMM. 01412744 ® .o NOTARY PUBLIC- CALIFORNIA N capacity(ies), and that by his /her /their : Am. Exp. COUNTY signature(s) on the instrument the person(s), My Comm=. Ezp. APRIL 21, 20D720D7 or the entity upon behalf of which the yvS7yP� person(s) acted, executed the instrument. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. WITNESS my hand and official seal. �.. �) 0� SIGNATURE '& F NOTARY OPTIONAL SECTION TITLE OR TYPE OF DOCUMENT No. 5193 OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to till in the data below, doing so may prove invaluable to persons relying on the document. ❑ INDIVIDUAL ® CORPORATE OFFICER(S) PRESIDENT TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE IA State of CALIFORNIA County of SAN DIEGO On before me, DEBORAH D. DAVIS, NOTARY PUBLIC DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC - personally appeared KENNETH A. WEIR 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 name(s) is /are subscribed to the within instrument and ac- THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE FNOTARY OPTIONAL SECTION TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES SIGNER(S) OTHER THAN NAMED No. 5193 OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons retying on the document. ❑ INDIVIDUAL ® CORPORATE OFFICER(S) PRESIDENT TITLE(S) ❑ PARTNER(S) [:] LIMITED GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON($) OR ENTITY(IES) DATE OF DOCUMENT 1ti DEBORAH D. DAVIS COMM. #1412744 07,5-- NOTARY PUBLIC - CALIFORNIA N SAN DIEGO COUNTY My Comm. Exp. APRIL 21, 2007 THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE FNOTARY OPTIONAL SECTION TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES SIGNER(S) OTHER THAN NAMED No. 5193 OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons retying on the document. ❑ INDIVIDUAL ® CORPORATE OFFICER(S) PRESIDENT TITLE(S) ❑ PARTNER(S) [:] LIMITED GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON($) OR ENTITY(IES) DATE OF DOCUMENT 1ti • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR AREA PAVEMENT REHABILITATION CONTRACT NO. 3650 DESIGNATION OF SURETIES Bidders name ORION CONTRACTTKWL 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): Vk\12 A(9- CvC5 2�3A V a ve. Y 5fie 10� E's C- ��� � do , C A ��•x •. ��0� � 3 �- 1055 12 11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR AREA PAVEMENT REHABILITATION CONTRACT NO. 3650 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name ORION CONTRACTING, INC, Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Current Record Record Record Record Record Year of for for for for for Record 2003 2002 2001 2000 1999 Total 2004 No. of contracts 1 C? U V i O Total dollar Amount of Contracts (in Thousands of $) ° rn 31 I No. of fatalities No. of lost Workday Cases ` No. of lost workday cases involving permanent transfer to another job or ^ (_�\ termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Oid 0.* J r 0: -1 R,^.;,TING, INC. Legal Business Name of Bidder gpg E. AVE. SUITE I IP337 Business Address: SAN CLEIvIENTE, CA 92372 Business Tel. No.: �:� Y. ; S ,y.2493 State Contractor's License No. and T Classification: Title PRESIDENT The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title 8EESR €TAFFY /TREASURER 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 riame must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR AREA PAVEMENT REHABILITATION CONTRACT NO. 3650 ACKNOWLEDGEMENT OF ADDENDA Bidders name QRLOJY CONTRACTM, 101 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 �i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR AREA PAVEMENT REHABILITATION CONTRACT NO. 3650 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 Cor nrp aLion: ORLON CONTRAC_T]RG, M. 806 E. AVE. PICO, SUITE 1 #337 Business Address: SAN CLEMEN T E, CA 92672 Telephone and Fax Number: X4491545 -2493 � California State Contractor's License No. and Class: A777839. (REQUIRED AT TIME OF AWARD) Original Date Issued: Ri ZW Expiration Date: List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: J, M. YACK.LEY SECRETARY /TREASURER The following are the names, titles, addresses, and phone n b II individuals, firm members, partners, joint ventures, and company or corporate officer having a principal interest in this proposal: Name Title Address Telephone 806 E. AVE. PICO, SUITE 1 #337 KENNETH A. WEIR, PP,ESIDENT SAN CLEMENTE, CA 92672 #^Af% %aa4_aAa 7. M. YACKLU SECRETARY/TREASURER, 806 E. AVE. PICO, SUITE I`Y3$7 SA CI EMEN T; CA 926717 to ) 3619493 N Corporation organized under the laws of the State of CALIFORNIA 16 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for laboyG&ypliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes K40 Are any claims or actions unresolved or outstanding? Yes 17 0 • If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. ORION CONTRACTING, ING Bidder KENNETH. X WEIII (Print name of Owner or President of C r ion /Co park ny) Authorized Signature/Title PRESIDENT Title (Q -2 -o- I Date Subscribed and sworn to before me this Z day of �) V-\A-Z 2004. [SEAL] 18 State of CALIFORNIA I County of SAN DIEGO On o before me, DEBORAH D. DAVIS, NOTARY PUBLIC OA NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC' personally appeared KENNETH A. WEIR NAMES) OF SIGNERIS) ® personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed DEB° p Hp. DAVIS the same in his /her /their authorized ca acit Ies * ' COMM. #1412744 P y( ), and that by his /her /their N - „ NOTARY PUBLIC-CALIFOR NIA N signature(s) on the instrument the person(s), = Y SAN DIEGO COUNTY or the entity upon behalf of which the 11"'00 My Comm. ExP APRIL 21, 2007 person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: No. 5193 OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to till in the data below, doing so may prove invaluable to persons relying on the document. INDIVIDUAL ® CORPORATE OFFICER(S) PRESIDENT TITLE(S) PARTNER(S) C] LIMITED C] GENERAL ATTORNEY -IN -FACT 0 TRUSTEE(S) 0 GUARDIAN /CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ALL - PURPOSE .state of. CALIFORNIA I County of SAN DIEGO On �J before me, DEBORAH D. DAVIS, NOTARY PUBLIC DA,YE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC' personally appeared KENNETH A. WEIR 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 name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed DEBORAHD.D� the same in his /her /their authorized ae�v ca acit les n COMM.#1a127aa P Y( ), and that by his /her /their o NOTARY PUBLIC- CALIFORNIA N signature(s) on the instrument the person(s), SAN DIEGO COUNTY a. My comm. APRIL 21, 2007 or the entity upon behalf of which the person(s) acted, executed the instrument. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. WITNESS my hand and official seal. ' �� —�0 (�" SIGNATURE OF NOTARY OPTIONAL SECTION TITLE OR TYPE OF No. 5193 OPTIONAL SECTION iIIIIIIIiiiiiIiIN CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing So may prove invaluable to persons relying on the document ❑ INDIVIDUAL ® CORPORATE OFFICER(S) PRESIDENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 'l License Detail • Page 1 of 2 License Detail CALIFORNIA CONTRACTORS STATE LICEN Contractor License # 777839 DISCLAIMER A license status check provides information taken from the CSLB license data base. Before on this information, you should be aware of the following limitations: • CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject tc complaint disclosure, a link for complaint disclosure will appear below. Click on the lin button to obtain complaint and /or legal action information. • Per B &P 7071.17, only construction related civil judgments known to the CSLB are di • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. • Due to workload, there may be relevant information that has not yet been entered ont Board's license data base. Extract Date: 06/08/2004 * * * Business Information * * * ORION CONTRACTING INC 2912 ESTANCIA SAN CLEMENTE, CA 92673 Business Phone Number: (949) 361 -9493 Entity: Corporation Issue Date: 04/26/2000 Expire Date: 04/30/2006 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications * * * Class Description GENERAL ENGINEERING CONTRACTOR * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 206718969 in the ai $10,000 with the bonding company TRAVELERS CASUALTY. AND SURETY COMPANY. http:// www2. cslb. ca. gov /CSLB_LIBRARY /License+Detail.asp 06/08/2004 License Detail • 0 Page 2 of 2 Effective Date: 01/01/2004 Contractor's Bonding..History. BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) J1 MICHAEL YACKLEY certified that he /she owns 10 percent or more of the voting stock/equ corporation. A bond of qualifying individual is not required. Effective Date: 04/26/2000 * * * Workers Compensation Information * * * This license is exempt from having workers compensation insurance; they certified that they employees at this time. Effective Date: 02/13/2000 Expire Date: None Personnel listed on this license (current or disassociated) are listed on other licei Personnel List Other Licenses License Number Request Contractor Name Request Personnel Name Request Salesperson Request Salesperson Name Request © 2003 State of Califomia. Conditions_of_U_se Pny_acy_Policy http:// www2. cslb. ca. gov/ CSLB_LIBRARY /License+Detaii.asp 06/08/2004 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR AREA PAVEMENT REHABILITATION CONTRACT NO. 3650 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] ! i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR AREA PAVEMENT REHABILITATION CONTRACT NO. 3650 CONTRACT THIS AGREEMENT, entered into thisX44 day ofJgn �- 2004, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Name of Contractor, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: CORONA DEL MAR AREA PAVEMENT REHABILITATION Project Description 3650 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. 3650, 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 fumish 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. P01 C) • 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 Eight hundred ninety-two thousand, six hundred sixty and 001100 Dollars ($892,660.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Stephen J. Luy (949) 644 -3330 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: Orion Contracting, Inc. 806 Avenida Pico, 1 -337 San Clemente, CA 92672 949 - 545 -2493 949 - 361 -9493 Fax Contractor, by executing this Contract, "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 9 • 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 0 0 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 23 0 0 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 • K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. CITY OF NEWPORT BEACH A Municipal Corporation By: Mayor AP D AS TO FORM: ORION CONTRACTING,, INC. 1 By: W CI ORNEY Aut orized Signature and Title KENNETH A. WEIR, PRESIDENT 25 Jul 13 04 03:29p Don =ppauf 1 -9492 -1908 p•2 ACORD„ CERTIFICATE F LIABILITY INSURANC DATE(MWDDNYYY) 7/13/2004 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION KAPPAUF INSURANCE AGENCY 1908 S EL CAMINO REAL ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. SAN CLEMENTE, CA 92672 949) 492 -1930 INSURERS AFFORDING COVERAGE NAIL# INSURED ORION CONTRACTING INC INSURERA LANDMARK AMERICAN INSURANCE CO. INSURER B: PROGRESSIVE CASUALTY INSURANCE 806 E AVENIDA PICO SUITE I -337 INSURER C: STATE COMPENSATION INSURANCE FM 1 INSURER D: GREAT AMERICAN INSURANCE CO. SAN CLEMENTE, CA 92673 INSURERS 949 361 -9493 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. tiR nano TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM POLICY EXPIRATION DATE MMIDO/W LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1 000 000 $ COMMERCIAL GENERAL IABILffY CLAMS MADE CI OCCUR PREMISES, orcxanaa S 50,000 MED EXP(" one pawn) S 5 OOO A $ LHA125546 2/23/04 2/23/05 PERSONALLADVINJURY S 1 000 000 GENERAL AGGREGATE S 2,000,000 GENL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG S 2 000 000 7 $ POUCV JECTT LOC AUTOMDBILELABILRY ANYAUTO COMBINED SINGLE LIMB (Eaamid Q S 1,000,000 BODILY INJURY IPa Parson) S ALL OWNED AUTOS SCHEDULEDAUTOS $ B $ HIREDAUTOS NON- OVINEDAUTOS CAO -46 -09 -189 -3 3/30/04 3/3010S BODILYINJURY (Pa acmdaM) S $ PROPERTY DAMAGE IPaIacJ6eM) S GARAGE LIABILITY AUTOONLY- EAACCIDENT S OTHER THAN EAACC AUTOONLY. AGG S ANYAUTO S IXCESSNMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CI CLAIMS MADE AGGREGATE S S S DEDUCTIBLE S RETENTION S C WORKERSCOMPENSATIONAND EMPLOYERS LABILITY ANY PRORi1 BERNwRfNERIEA'ECU{IVE ofACDAel19EREx4UpEm K IPECLN- PROVISI ON S pelav 1610900 ISSD&D BY STATE FOND 2/1/04 2/1/05 W A H TORY R E.L EACH ACCIDENT S 1,000,000 E.L. DISEASE -EA EMPLOYE S 1,000,000 E.L DSEASE-POLICY LULU S 1,000,000 $50,000 LIMIT PER ITEM JOTHER D EQUIP FLOATER IMP 135 95 78 4/16/03 4/16/04 $2,500 DED- SPECIAL FORM DESCRIPTION OF OPERATIONS I LOCATIONS] VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS THE CERTIFICATE HOLDER IS NAND AS ADDITIONAL INSURED PER ATTACHED ENDORSEMENT RSG15001 -0903 JOB LOCATION: CONTRACT #3650 INCLUDES PRIMARY AND NON CONTRIBUTORY WORDING CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH CA 92663 SHOULD ANY OF THE DATE THEREOF, THE NOTICE TO THE CERI BE CANCELLED BEFORE THE EXPIRATI I(WTO MAI130 DAYS WRITTEN HE LEFT, _^ °� T ACORD2S(2001 108) ©ACORD CORPORATION TW Endoraem•Changea The Policy, Please Read If Carey. ADDITIONAL INSURED BLANKET - PRIMARY This andonsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Nam* of Person or Organization: Any person or organization to whom or to which you are obligated by virtue of a written contrect or by the issuance or wdstence of a permit, to provide insurance such as Is afforded by this policy. (If no envy appears above, Information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) SECTION II • WHO IS AN INSURED Is amended to Irduda as an Insured the person or organization shown In the SCHEDULE, but o* with respect to liability arising out of 'your worse' for that insured by or for you. If you are required by a written contract to provide pdmary Insurance, this policy shall be primary as respects your negligence and SECTION rV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Otbar Insurance does not appy, but only with respect to coverage provided by this policy. Ttvs endorsement effective forms pact of PoAoy Number LHAI25W issued to by Endorsement No.: RSG 15001 0903 Includes copyrighted material of Insurance Services Office, Inc. 1984 tCG 2mo 1185) with Its permission 07/13/2004 14:41 19494928324 ':Progressive Corp 7/71* %ogre59se Ns2rasce Gmmerclal Vehide dram 6300 wism M015 Road Maytdd Village, OH 44143 BOa444 -0467 ORION CONTRACTING 3:17 PAUL; ziz L11 g1t 4+' Certificate of Insurance aeurnrau. veaou 1� Policy number: 03609199.3 lily 7.2004 Page 1 of 1 PAGE 03 Cartlr=12 aatdar Mrmmd Arent ........... ... s'u'....._..............................................,..............,..,........................... Additional Insured L1iICN CONTRACTING INC .............,................, ........................... DONALD R KAPPAUF CITY OF NEWPORT BEACH PUBLIC 306 E AVE PICO 1337 1908 5 EL CAMINO REAL WORG DEPT, SAN CLEMENTE, CA 92672 SAN CLEMENTE, CA 92672 3300 NEWPDRT BLVD NEWPORT BEACH, CA 92663 This document certifies that insurance policies identified below have been Issued by the designated insurer to the insured named above for the perloft) indicated. This.Certlficate is issued for information purposes only. It confers no rights upon the certificate holder and does n &'d mgt alter; modify, or extend the coverages afforded by the policies listed beam. The coverages affotded bythe po id6 listed below are subject to Al the terms, exciusions, limitations, mclasements, and conditlms of these policies, ........................ .......... ;................. .. ....... ......... . .................................. ........ ........ Policy Effedive Date: Mar 30, 2(NA Policy Expiration Date: Mar 30, 2005 a avrance cow"ge(s) trnlla . ...I .................................... ---........... ...._..................;..,,... Bodil y Irt )xryJProperty Damage $1,000,000 Combined Single Limit Description of iocationfVehicles/Speclai Items Scheduled autos only THE QTY M OFFICERS, OFFICIALS, EMPLOYEES& VOLUNTEERSARE ALL NAMED AS ADDITIONAL INSURED WI TH RESPECT TO AUTOMOBILE LIABILTY, Cattifiarte number 189046TH189 Please be advised that additional insureds and lienholders will be notified in the event of a mid-term cancellation. fan 5241 (10)02) ADDITIONAL INSURED PROGREJJNE® CUMMENCIILL VENgIE INSYXANEE The person or organization named below is a person insured with respect to such liability coverage as is afforded by the policy but this insurance applies to said insured only as a person liable for the conduct of another insured and then only to the extent of that liability. We also agree with you that insurance provided by this agreement will be excess insurance over any other valid and collectible insurance. NAME OF PERSON OR ORGANIZATION: CITY OF NEWPORT BCH 3300 NEWPORT BL All other parts of this policy remain unchanged. This endorsement changes Policy No.: 04609189 - 3 NEWPORT BEACH CA 92683 Issued to (Name of Insured): ORION CONTRACTING INC Endorsement Effective: 07/07/04 Expiration: 03/30/05 Form No. 1198 (8 -93) CVWE1106961637L119807 07/13/2004 14:41 19494928324 ORION CONTRACTING PAGE 04 BROKE• PY STATE P.O" BOX 420807, SAN FRANCISCO, CA 94142 -0807 COMPENSATION I N S U M A N C R PUN ® CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 07 -01 -2004 GROUP: POLICY NUMBER: 1610900 -2004 CERTIFICATE ID: 38 CERTIFICATE EXPIRES: 02 -01 -2005 02- 01-2004/02-01 -2005 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 NEWPORT SVLD NEWPORT BEACH CA 42663 JOB: CONTRACT #3650 This is to certify that we have issued a valid Worker's Compensation Insurance policy In a form approved by the California Insurance Commissioner to the employer named below for the policy perlod Indicated. This policy Is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to Its normal expiration. This certificate of insurance Is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be,issued or may pertain, the Insurance afforded by the policies described herein is subject to alt the terms, exciusions,.and conditions, of such policies. . AUT- 10AZED REPRESENTATIYE PRE810ENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 07 -01 -2004 IS ATTACHED TO AND FORMS A PART OF THIS POLICY, NAME OF ADDITIONAL INSURED: CITY OF NEWPORT BEACH ENDORSEMENT 01600 - KENNETH WEIR PRE$ - EXCLUDED. ENDORSEMENT #1600 - JIM YANKLEY SEC, TREAS - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 02 -0J, -2002 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMI= #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 07 -01 -2004 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. T14IRD PARTY NAME: CITY OF NEWPORT BEACH EM DYER ORION CONTRACTING, INC 806 E AVE PICO STE I -337 SAN CLEMENTE CA 92672 ��v 3Gd 3DIF 10262+= l alltyyw DM Dytt wa�xmnRC M1¢r mule "OFFICAgTATE FUND W CUM =N RINTE ; D7 "b1 -zaoD PAGE I OF Jul 13 04 03:20p Brown L Brown 714 - 923 -1872 p.1 Fax #: IT / `( ( G ZI' A1 F 9 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. I Date Received: 1 - ( _-� -Dcj Dept./Contact Received From: Date Completed: j ,3 -Cq Sent to: ;pp Ct / By: A,4-// Company /Person required to have certificate: C GENERAL LIABILITY A. INSURANCE COMPANY: L00, Fl d VYl Q YIC B. AM BEST RATING (A: VII or greater): f C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? D. LIMITS (Must be $1 M or greater): What is limit provided? E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? SSi G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ❑ Yes %-No ff�e r (TYes ❑ No JZYes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ❑ No 1. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 11. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: __.___PYDe,,ydSSIVE Ccr_st or j B. AM BEST RATING (A: VII or greater): `� €}-- X V C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? M Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? l E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? [ryes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): n 1 1-k- Is it included? ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: B. AM BEST RATING (A: VII or greater): it n'i C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? VYes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? tt f ❑ Yes KNo IF NO. WHICH ITEMS NEED TO BE COMPLETED? 0 Oyler, Shauna From: Farley, Lauren Sent: Tuesday, July 13, 2004 5:49 PM To: Oyler, Shauna Subject: RE: Orion Contracting Yes, the written contract (PSA) states all employees, officers, volunteers etc must be covered. I'm fine with the wording. - - - -- Original Message---- - From: Oyler, Shauna Sent: Tuesday, July 13, 2004 5:23 PM To: Farley, Lauren Cc: Badum, Steve Subject: Orion Contracting The agent for Orion Contracting said that you waived the requirement for the General Liability Additional Insured wording. Is it okay for the wording to state the following: Any person or organization to whom or to which you are obligated by virtue of a written contract or by the issuance or existence of a permit, to provide insurance such as is afforded by this policy. 1 I% . .9 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL CORONA DEL MAR AREA PAVEMENT REHABILITATION CONTRACT NO. 3650 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3650 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization ' Dollars and / e iro Cents $ Per Lump Suffn Lump Sum Traffic Control @ Dollars a0 /,Cb'D. and ,1 Cents $ Per Lump turn 3. 8,000 C.Y. Excavation _, _, @ Dollars and q z Cents $ I $ �✓�j A� Per Cubic Yard 0 • PR2of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE a 61 R 7 a 4,500 S.F. Cold -Mill Asphalt Pavement @ _Dollars and /, r Cents $ • a $ / Per Square Foot 10,000 S.F. Cold -Mill PCC Pavement @ Amu) Dollars and ,,,, .4 Cents $ 02b,� Per Squa Foot T— 3,500 C.Y. Crushed Miscellaneous Base Dollars and -'� Cents Per Cubickard 4,050 TONS 2 1/2 -inch Thick AC Base Course @ Dollars and Cents $ D $ Per Ton 2,650 TONS 1 1/2 -inch Thick AC Finish Course @ Dollars and Cents $ 0 • $ A00. Per Ton 90 TONS 1 -inch Thick AC Leveling Course @ Dollars and Cents $ '7� $_ Per Ton i J , ' J • PR3of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 1,555 S.Y. Pavement Fabric @ Dollars and 2 Cents $ $ 330 ' Per SquarEoard 11. 940 L.F. Remove and Construct 18 -inch Wide PCC Gutter @ Dollars and I�'� Cents $ $ Per Linear F of 12. 100 S.F. Remove and Construct 8 -inch Thick PCC Roadway @ Dollars and q Cents $ 1 $ 10T-' Per Squard Foot 13. 2,000 L.F. Remove & Construct PCC Type "A" Curb & Gutter @ &94&46T OAk.- Dollars and 9/ � ra Cents $ Per Line Foot 14 20 L.F. Remove & Construct PCC Type "B" Curb Dollars and ej Cents $ $ 3d� Per Linear Yoot 15. 8,200 S.F. Remove & Construct 8 -Inch Thick PCC Cross Gutter @Dollars and td 110 Cents $ $ Per Squard Foot t • 0 PR4of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 5 EA. Remove and Construct 4 -Inch Thick PCC Access �Ramp / @ d 7"'�'Dollars and Cents Per Each 17. 700 S.F. Remove & Construct 4 -Inch Thick PCC Sidewalk @ Dollars and �/✓U Cents Per Squar oot 18. 350 S.F. Remove and Construct 6 -Inch Thick PCC Alley Approach $ / - v+ @ Ale-n' Dollars and 4) Cents $ �(' • ' $ ��� PerSq# Foot 19. 39 EA. Adjust Manhole e,Frame to Grade nd _ Cents $ aso.� $ ��•, Per Eaclf 20. 38 EA. Adjust Water Valve Cover to Grade n @ '� AlIrs and ��// ,� 0J Cents $ 6gb $ Per Ea 21. 1 EA. Adjust Sewer Cleanout to Grade @ and A'r ° Cents $ / $ Per Each 10 PR5of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT AND UNIT PRICE WRITTEN IN WORDS UNIT TOTAL PRICE PRICE 22. 37 EA. Root -Prune Tree /,�,� // @ l I-,"'° `Dollars and Cents $ � $ 140. Per Each 23. 560 L.F. Root Barrier @_/ Dollars and �1 z �+ Cents $ $ 330 Per LinLgar Foot 24. Lump Sum Traffic Striping �,,w.� @ -1 Dollars and 440.t4 �O vo _Cents N $ Per Lump Su 25. Lump Sum Traffic Signal Modifications @ ollars /� ✓ and -2 w/VV Cents $ Per Lump Sufn 26. Lump Sum Surveying Services # s,f kwwt w�^aCnents 0-0 Cents $ Per Lump Su TOTAL PRICE IN WRITTEN WORDS (Q ,) 5 =Y 5n2493 (943) 1,31-10493 Bidder's Telephone and Fax Numbers A77783.9_ Bidder's License No(s) and Classification(s) . ._M / t oiai race \rigure5) ^nle,Ki t%ANTRACTING. INC. Bidder's Authorized Signature and Title 806 E. AVE. P!CM SUITE 1 #337 SAN f. \users\pbw\shared \contracts \fy 03 -04 \cdm area pavement rehab c- 3650\proposal a c- 3650.doc 0 0 1 1 1 1 2 2 2 2 2 2 2 2 2 3 3 3 3 3 P PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS CORONA DEL MAR AREA PAVEMENT REHABILITATION CONTRACT NO. 3650 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 ADJUSTMENTS TO GRADE 5 -8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 1 1 1 1 2 2 2 2 2 2 2 2 2 3 3 3 3 3 P 0 0 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 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 5 7 -8.6.1 Best Management Practices and Monitoring Program 5 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 6 7 -10.3 Street Closures, Detours, Barricades 6 7 -10.4 Public Safety 7 7- 10.4.1 Safety Orders 7 7 -10.5 "No Parking" Signs 8 7 -10.6 Street Sweeping signs 8 7 -10.7 Notice to Residents and Temp Parking Permits 8 7 -15 CONTRACTOR LICENSES 8 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 8 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 213 ENGINEERING FABRICS 12 213 -1 PAVEMENT FABRICS 12 213 -1.1 General 12 SECTION 214 PAVEMENT MARKERS 13 214-4 NON - REFLECTIVE PAVEMENT MARKERS 13 214 -5 REFLECTIVE PAVEMENT MARKERS 13 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 13 300 -1 CLEARING AND GRUBBING 13 300 -1.3 Removal and Disposal of Materials 13 300 -1.3.1 General 13 300 -1.3.2 Requirements 13 300 -1.5 Solid Waste Diversion 13 SECTION 302 ROADWAY SURFACING 14 302 -5 ASPHALT CONCRETE PAVEMENT 14 302 -5.1 General 14 302 -5.4 Tack Coat 14 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 14 302 -6.6 Curing 14 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 14 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 14 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 14 303 -5.1.1 General 14 303 -5.4 Joints 14 303 -5.4.1 General 14 303 -5.5 Finishing 15 303 -5.5.1 General 15 303 -5.5.2 Curb 15 SECTION 307 STREET LIGHTING AND TRAFFIC SIGNALS 15 307-4 TRAFFIC SIGNAL CONSTRUCTION 15 307 -4.9.3 Inductive Loops 15 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 15 308 -1 GENERAL 15 SECTION 310 PAINTING 16 310 -5 310 -5.6 310 -5.6.7 310 -5.6.8 SECTION 312 312 -1 SECTION 400 400 -2 400 -2.1 400 -2.1.1 0 0 PAINTING VARIOUS SURFACES 16 Painting Traffic Striping, Pavement Markings, and Curb 17 Markings Layout, Alignment and Spotting 17 Application of Paint 17 PAVEMENT MARKER PLACEMENT AND REMOVAL 17 PLACEMENT 17 PART 4 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 18 UNTREATED BASE MATERIALS General Requirements E \users \pbw\shared \contracts\fy 03- 04 \cdm area pavement rehab c- 3650\specs index c- 3650.doc (ssr) 18 18 18 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS CORONA DEL MAR AREA PAVEMENT REHABILITATION CONTRACT NO. 3650 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R- 5855 -S, and T- 5921 -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 and replacing portions of deteriorated asphalt roadway, replacing portions of deteriorated PCC roadway, cold milling and overlaying other portions of roadway, installing reinforcing fabric, replacing uplifted curb and gutter, root pruning, replacing curb access ramps, constructing cross gutters and other incidental items of work." 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize /follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The filing of a Corner Record and /or a Record of Survey with the County Surveyor's Office is required after the Work completion. SP 2 OF 18 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 its 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 u ntil i t h as b een i nspected and accepted by the Engineer. The Contractor • 0 SP3OF18 shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the 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 p ull o r m eter 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- Pacific Bell, cable television, and other utility facilities to the finish grade, the Contractor shall submit to the Engineer a written request specifying facilities to be adjusted. The City will contact each utility company and request the utility company to adjust its facilities per the franchise agreement and asking the utility company to coordinate the adjustments with the City's contractor. The Contractor shall then coordinate with each utility company for the adjustment of these facilities. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing meter or valve box covers. 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." • SP 4 OF 18 No work shall begin until a "Notice to Proceed" has been issued, a pre-construction meeting has been conducted, and a schedule of work (including construction phasing as described in section 7 -10.3) has been approved by the Engineer. The Contractor shall submit a construction schedule to the E ngineerfor 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 extra effort has been exerted to meet the original schedule and it has been demonstrated that the approved schedule will be maintained in the future. Such stoppages of work shall in no way relieve the Contractor from the requirement for overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 G eneral. Add to this section: "The Contractor shall complete all work under the Contract within 45 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 n of be sufficient reason to g rant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1St the third M onday i n January ( Martin Luther King Day), the third Monday i n February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve — half day), December 25th (Christmas), and December 31St (New Year's Eve — half day). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 8:00 a.m. to 4:30 P.M. Monday through Friday. The Contractor and the Contractor's subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc. before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, he must first obtain special permission from the Engineer. The request may be for 4:30 P.M. to 6:30 P.M. on weekdays or 8:00 A.M. to 6 P.M. on Saturday. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A 0 • SP5OF18 separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $60.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 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 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all w ater u sed d uring s awcutting o perations, c ontaining mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean." 7 -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. Providing a controlled area for cleaning or rinse -down activities. • • SP 6 OF 18 d. Monitoring construction activities. e. Minimizing usage of water when sawcutting. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer p rior to a ny work. T he C ity of N ewport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow the BMP plan 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 c ontrol a nd a ccess i n a ccord w ith S ection 7 -10 o f t he S tandard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc. Pedestrian access to all residences within the limits of work shall be maintained at all times. Driveway access may be restricted during working hours. Driveway access shall be established every evening. Full vehicular access shall be maintained during weekends, non - working days and evenings. The Contractor shall provide advance notice to any and all residences whose access will be impacted by construction operations. T he Contractor shall f urnish a nd install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, 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. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. 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 E ngineer - a t I east f ive w orking d ays p rior t o t he p re- 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 • • SP 7 OF 18 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. The City is in the process of annexing Coast Highway within the limits of this project. If the annexation is delayed, the City will delete the work that occurs within Coast Highway's right -of -way on Seaward Road, Morning Canyon Road, Marigold Avenue, Jasmine Avenue and Fernleaf Avenue. 6. The Contractor shall phase his construction to minimize the inconvenience to residents and facilitate access during construction. No two adjacent streets shall be under construction at the same time. The Contractor shall submit a construction phasing plan to the Engineer for approval The Contractor shall maintain access on Seaward Road and Morning Canyon Road at all times. All streets shall be open to vehicular traffic on weekends, non - working days and evenings. 7 -10.4 Public Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." • SP 8 OF 18 7 -10.5 "No Parking" Signs. T he Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division at (949) 644 -3717, for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.6 Street Sweeping Signs. After posting temporary "NO- PARKING -TOW AWAY" signs, the Contractor shall cover street sweeping signs, on those streets scheduled for work in a manner approved by the Engineer. Immediately after construction is complete and the street is opened to traffic, the Contractor shall promptly uncover the street sweeping sings and remove the temporary "NO PARKING - TOW AWAY" signs." 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to the adjacent residents, within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of any construction, the Contractor shall distribute to the adjacent residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City." 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the • • SP 9 OF 18 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 ofthe 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. 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. Item No. 3 Excavation: Work under this item shall include removing and disposing of the existing roadway in reconstruction areas only, subgrade compaction, and all other related work as required by the Contract Documents. Item No. 4 Cold Mill Asphalt Pavement: Work under this item shall include cold milling the asphalt roadway to a depth below existing finished grade as shown on the • • SP 10 OF 18 drawings, disposing of the debris, and all other work items as required to complete the work in place. Item No. 5 Cold Mill PCC Pavement: Work under this item shall include cold milling the PCC roadway to a depth below existing finished grade as shown on the drawings, disposing of the debris, and all other work items as required to complete the work in place. Item No. 6 Crushed Miscellaneous Base: Work under this item shall include grading, compaction, constructing crushed miscellaneous base and all other work items as required to complete the work in place. Item No. 7 2 -1/2 Inch Thick Asphalt Pavement Base Course: Work under this item shall include constructing asphalt pavement base course and all other work items as required to complete the work in place. Item No. 8 1 1/2 -Inch Thick Asphalt Pavement Finish Course: Work under this item shall include constructing asphalt pavement finish course and all other work items as required to complete the work in place. Item No. 9 1 -Inch Thick Asphalt Pavement Leveling Course: Work under this item shall include constructing asphalt pavement leveling course in preparation of pavement fabric installation and all other work items as required to complete the work in place. Item No. 10 Pavement Fabric: Work under this item shall include cleaning, patching and sealing cracks, and placing pavement fabric at locations as directed by the Engineer, and all other work items as required to complete the work in place. Item No. 11 Remove and Construct 18 -Inch Wide P.C.C. Gutter: Work under this item shall include removing and disposing of the existing PCC gutter, compacting subgrade, constructing P.C.C. gutter, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 12 Remove and Construct 8 -Inch Thick P.C.C. Roadway: Work under this item shall include removing and disposing of the existing PCC roadway, subgrade compaction, constructing 8 -inch thick P.C.C. roadway, adjusting City utility facilities such as street lighting, sewer, water, etc. boxes and covers to grade, and all other work items as required to complete the work in place. Item No. 13 Remove and Construct P.C.C. Type A Curb and Gutter: Work under this item shall include removing and disposing of the existing curb and gutter, disposing of or importing soil (to top of curb grade) in the event of curb radius modification, compacting subgrade, reconstructing curb openings of existing curb drains, constructing P.C.C. curb and gutter, re- chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work 0 • SP 11 OF 18 items as required for performing the work complete and in place. Gutter width shall be 18 inches. Item No. 14 Remove and Construct P.C.C. Type B Curb: Work under this item shall include removing and disposing of the existing curb, compacting subgrade, constructing P.C.C. curb, re- chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 15 Remove and Construct 8 -Inch Thick P.C.C. Cross Gutter: Work under this item shall include removing and disposing of the cross gutter and spandrels, subgrade compaction, placing crushed miscellaneous base, base compaction, constructing 8 -inch thick P.C.C. cross gutter, adjusting City utility facilities such as street lighting, sewer, water, etc. boxes and covers to grade, and all other work items as required to complete the work in place. Item No. 16 Remove and Construct 4 -Inch Thick P.C.C. Curb Access Ramp: Work under this item shall include removing and disposing of the existing surface, subgrade compaction, constructing the 4 -inch thick P.C.C. curb access ramp, and all other work items as required to complete the work in place. Item No. 17 Remove and Construct 6 -Inch Thick P.C.C. Sidewalk: Work under this item shall include removing and disposing of the sidewalk, subgrade compaction, constructing 6 -inch thick P.C.C. sidewalk, adjusting City utility facilities such as street lighting, sewer, water, etc. boxes and covers to grade, and all other work items as required to complete the work in place. Item No. 18 Remove and Construct 6 -Inch Thick P.C.C. Alley Approach: Work under this item shall include removing and disposing of the existing alley approach, subgrade compaction, placing crushed miscellaneous base, base compaction, constructing 6 -inch thick P.C.C. alley approach, adjusting City utility facilities such as street lighting, sewer, water, etc. boxes and covers to grade, and all other work items as required to complete the work in place. Item No. 19 Adjust Manhole Frame to Grade: Work under this item shall include adjusting all manhole frames 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 Sewer Cleanout 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. • SP 12 OF 18 Item No. 22 Root Prune Existing Tree: Work under this item shall include root pruning, removal and disposal, backfilling the tree wells with a native soil approved by the Engineer, and all other work required to complete the work in place. All existing utilities or other improvements damaged by the work shall be immediately repaired at the expense of the contractor and no additional compensation shall be made. Item No. 23 Root Barrier: Work under this item shall include providing and installing root barriers, removal and disposal of excess soil, and all other work items as required to complete the work in place. Item No. 24 Traffic Striping: Work under this item shall include installing traffic striping, pavement markers, and all other work items as required to match existing and complete the work in place. Item No. 25 Traffic Signal Modifications: Work under this item shall include providing and installing traffic signal loops, pull boxes, conduit, and wiring and all other work items as required to complete the work in place. Item N o. 2 6 S urveying S ervices: W ork u nder this item shall include surveying, construction staking, protections and restoration of existing monumentation and all other work items as required to complete the work in place. 9 -3.2 Partial and F inal Payment. A dd 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 213 - -- ENGINEERING FABRICS 213 -1 PAVEMENT FABRICS 213 -1.1 General. Add to this section: "Pavement fabric shall be Glasgrid 8502 fabric." ` SP 13 OF 18 SECTION 214 - -- PAVEMENT MARKERS 214-4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non - reflective pavement markers types A and AY shall be ceramic." 214 -5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass- covered reflective faces or be 3M Series 290." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General. Add to this section: 'The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. 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 '/1 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 0 0 SP 14 OF 18 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'/4-inch or greater in width shall be cleaned and sealed with a hot - applied crack sealant approved by the Engineer. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302 -5.4 T ack C oat. A dd 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." 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302 -6.6 Curing. Add to this section: `The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201 -1.1 -2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6 -7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 303 -5.4 Joints 303 -5.4.1 General. Add to this section: 'The Contractor shall make a sawcut parallel to the centerline of the alley, 2 feet along each side of centerline, over the entire length of the alley. The Contractor may also sawcut the property lines, adjacent to the • • SP 15 OF 18 alley, in lieu of scoring the pavement along the property lines or constructing an edged cold joint. All sawcuts shall be made to a depth of 2 inches." 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 "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718 - 3402." SECTION 307 - -- STREET LIGHTING AND TRAFFIC SIGNALS 307-4 TRAFFIC SIGNAL CONSTRUCTION 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 -513 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. 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 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that conflict with the work. The Contractor shall submit a work plan, prepared by a "Certified Arborist ", to the City for staff review for safe pruning, removal of tree roots and root barrier installation. No roots shall be pruned or removed unless this submittal is returned to the Contractor as satisfactory. Century root barrier panels shall be installed. Prior to the submittal, the Contractor shall arrange to meet with the City's Urban Forester, Mr. John Conway ((949) 644 -3062) at the site to discuss City standards and requirements. Improper machinery and failure to understand the guidelines shall be cause for delay of work. If the Contractor encounters large tree roots, he shall cease work at that location and immediately contact the City's Urban Forrester for inspection. 0 SP 16 OF 18 This project includes root pruning of specially protected trees high valued by the City (Coral trees, the officially designated City tree). Any damage or harm to these trees will result i n t he C ity s eeking restitution. P lease o btain t he a pproval of the City's Urban Forester, John Conway, in the General Services Department Park and Tree Division (949- 644 - 3062), one week in advance of any work, if tree trimming or limb clearance is required for construction. The submittal shall adhere to the following guidelines. 1. Root Pruning b. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. c. Roots shall be cleanly severed using a City approved root - pruning machine, or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a City approved root - cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and /or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and /or t he damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with a City approved stump - grinding machine instead of a root - pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. Roots greater than two inches in diameter that must be removed, must be pre- approved by the City's Urban Forester. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES iI I y t 0 SP 17 OF 18 310 -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: "Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.45 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re- install "NO PARKING, TOW- AWAY" signs and re- notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes /covers /damages existing striping and /or raised pavement markers outside of the work area, he shall re- stripe /replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." SECTION 312 - -- PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT. Amend this section with: 1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD - 902 -L. SP 18 OF 18 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry." PART 4 SECTION 400 - -- ALTERNATE ROCK PRODUCTS ASPHALT CONCRETE PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General 400 -2.1.1 Requirements. Add to this section: "The Contractor shall use crushed miscellaneous base as the base materials." F: \USERS \PBW\Shared \Contracts \FY 03- 04 \CDM Area Pavement Rehab C -3650 \SPECS C- 3650.doc (ssr) 0 c38) Q,, 3 (-5° CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 16 June 22, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY FROM: Public Works Department Stephen Luy, P.E. 949 -644 -3311 sluy@city.newport-beach.ca.us JUN x.1004 SUBJECT: CORONA DEL MAR AREA PAVEMENT REHABILITATION - AWARD OF CONTRACT NO. 3650 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3650 to Orion Contracting for the Total Bid Price of $892,660.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $89,000.00 to cover the cost of unforeseen work. 4. Approve Geotechnical and /or Survey work in the amount of $21,000.00. 5. Approve a Budget Amendment transferring the appropriation of $200,000 from Street and Bikeway Improvements, account 7181- C5100302, and $190,660 from the Newport Boulevard, Lindo Avenue, 281h, 30'', Clay, Coral, and 15th Street Improvements, account 7181- C5100729, to Corona del Mar Pavement Rehabilitation, account 7181- C5100730. DISCUSSION: At 10:00 A.M. on June 8, 2004 the City Clerk opened and read the following bids for this project: TOTAL BID AMOUNT $892,660.00 *939,939.00 964,292.90 * *943,727.00 1,047,731.00 1,051,972.00 * Corrected Bid Amount is $943,089.00 ** Corrected Bid Amount is $985,427.00 BIDDER Low Orion Contracting Inc. 2 All American Asphalt 3 R.J. Noble Co. 4 Sequel Contractors Inc. 5 Alliance Streetworks Inc. 6 Excel Paving Co. TOTAL BID AMOUNT $892,660.00 *939,939.00 964,292.90 * *943,727.00 1,047,731.00 1,051,972.00 * Corrected Bid Amount is $943,089.00 ** Corrected Bid Amount is $985,427.00 Subject: Corona del Mar Atavement Rehabilitation —Award of Contract 0650 June 22, 2004 Page: 2 The low total bid amount is three percent above the Engineer's Estimate of $865,000.00. The low bidder, Orion Contracting, 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. This project includes removing and replacing portions of deteriorated asphalt roadway, replacing portions of deteriorated PCC roadway, cold milling and overlaying other portions of roadway, installing reinforcing fabric, replacing uplifted curb and gutter, root pruning, replacing curb access ramps, constructing cross gutters and other incidental items of work. Per the Contract Specifications the Contractor will have 45 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 and /or Survey services will be provided by outside consultants per the On- Call Professional Services Agreement approved by Council on December 9, 2003. Funding Availability: Upon approval of the recommended Budget Amendment, sufficient funds will be available in the following account for the project: Account Description Corona Del Mar Pavement Rehabilitation Prepared by: tephen Luy, P. . Associate Civil Engineer Attachments: Project Location Map Bid Summary Budget Amendment Account Number Amount 7181- C5100730 $1,002,660.00 Submitted by: 0 11 10]718 • El AVOCADO AVENUE _ ' ❑ODD � P 00000 A �a C -3650 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR PAVEMENT REHABILITATION DATE APPROVED DRAWING No. LOCATION MAP 2 L) Q W W O a W Z LL O U I-- Z CLU G H Q IL w 0 N x ky U J m IL a O N O O E m FW- °o O W l0 F U � U N O d O o Y w C U U _ =00 U Z W 0 Q ❑ J 0 co O J m } m Y O O U a Y N @ m w C w U J c O ui J F O j C J o w O 7 lD r w N ui Q L 7- CW7 Z W 4 U w � Li W Z w Oz0 vwa w a 0 X n U E D 0 4 0 C IN v m N °° °oo gcba000 °°a�0000 =moo wz O O �o S O O O O N ° Q N N pp N D 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q o 0 0 0 0 0 0 0 0 0 0 th C @ Z 0 0 0 0 6 0 0 0 0 0 0 A J f: C A N N O M 0 0 0 O O y w O O O O S O 0 O 0 o 0 0 0 0 0 0 0 0 0 p .90 c F- c N 0 0 w o0 0o N ° o ° ' °o ° n ° o v ° � m 'gyp N M !D m M 4) U m CL r O S S O S 0 0 0 0 0 0 C Z O O O O O o Cl N N ? 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C t O w w w o U$ 0 w Q 0 Y m Y m J �K w a.who0(r NO N 2 co Mc 0 0 0 0 0 0 0 0 0 0 0 C F- C O sY C yr 0 0 0 0 0 0 W N J J J J J N W U W J J T F N d w i O 0) N c r @ 3 o o a m OZ m U 2 c -°a a U E M2a @ R C O m d O Of c Q) m U 0 m m Y c W ❑ .- y — m y x W w c !O U @ m y 9 Y w w N o C 0 y a a U o m o c m E g 9 o rj dC� c t o w w w ow Ow@—'wmm; w v c s s i w a. a: Fa UKmm n W— N M R N N A N O) O w a 0 X n U E D 0 4 0 C IN v m N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 f o 0 0 0 0 0 0 0 0 0 0 0 D Z 0 0 0 0 6 0 0 0 0 0 0 O U❑ f: C A N N O M 0 0 0 O O N N O N tD N N p .90 c dQ m f U CL r O O A O O ^ O N O O O O D Z A O O O O o Cl N N O N M N N V m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W S O N� N N S CO N I .d, @ Mvm.- M RNm O E 0 N O o LL) N 0 0 0 0 0 0 0 0 0 0 0 � oo �n00000000 O O V O vi C C O C O G W N p — W J J J Y N Q N N N W J U J W J J F- D N d w U LL p aDi m c � @ 3 @ O O 9 C O � m U @ E � ma = as c Co U m c W ❑ (n _ @ N x w C U @ m m (p C c m v 1 m_ ° m a CL U o m o c pp E 2 m w m 2 0 O V n a 0 U aL 0! C t O w w w o U$ m 16 0 Y m Y m J �K w a.who0(r 2 co Mc W F- w a 0 X n U E D 0 4 0 C IN v m N &ty of Newport pea NO. BA- 04BA-072 BUDGET AMENDMENT 2003 -04 AMOUNT: $3so,sso.00 ECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance X 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 expenditure appropriations for the Corona del Mar Pavement Rehabilitation Project, C -3650. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account WNUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Description Division Number Account Number Signed: Services Director Signed: f 1'"""-'"" 0 Administrative Appl6val: City Manager Signed: City Council Approval: City Clerk Amount Debit Credit $200,000.00 $190,660.00 $390,660.00 (� Date G / a 5z Date Date Description Division Number 7181 Gas Tax Account Number C5100302 Street & Bikeway Improvements Division Number 7181 Newport Blvd, Lindo thru 15th St Account Number C5100729 C5100720 Division Number 7181 Gas Tax Account Number C5100730 CdM Pavement Rehabilitation Division Number Account Number Signed: Services Director Signed: f 1'"""-'"" 0 Administrative Appl6val: City Manager Signed: City Council Approval: City Clerk Amount Debit Credit $200,000.00 $190,660.00 $390,660.00 (� Date G / a 5z Date Date &ty of Newport Beac& NO. BA- 04BA -072 BUDGET AMENDMENT 2003 -04 AMOUNT: $3so,sso.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations A&D 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: P XIncrease in Budgetary Fund Balance Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To transfer expenditure appropriations for the Corona del Mar Pavement Rehabilitation Project, C -3650. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Description Description Amount Debit Credit Division Number 7181 Gas Tax Account Number C5100302 Street & Bikeway Improvements $200,000.00 Division Number 7181 Newport Blvd, Lindo thru 15th St Account Number C5100729 C5100720 $190,660.00 Division Number 7181 Gas Tax Account Number C5100730 CdM Pavement Rehabilitation Division Number Account Number Signed: Signed: Signed: Services Director City Council Approval: City Clerk $390,660.00 0�— L d Date Date Date