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C-3693 - 2003-2004 Sidewalk Replacement Project Phase II
0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkess, MMC October 12, 2005 International Pavement Solutions P.O. Box 10458 San Bernardino, CA 92423 -0458 Subject: 2003 -04 Sidewalk Replacement Project, Phase 2 (C -3693) To Whom It May Concern: On October 12, 2004, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on November 22, 2004. The Surety for the contract is Safeco Insurance Company of America, and the bond number is 6206827. Enclosed is the Faithful Performance Bond. Sincerely, fof Ve /rely, 6 eAn 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 • • CITY OF NEWPORT BEACH BOND #6206827 PUBLIC WORKS DEPARTMENT Premium: $2376.00 2003 -04 SIDEWALK REPLACEMENT PROJECT, PHASE 2 CONTRACT NO. 3693 BOND NO. 6206827 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 2376.00 being at the rate of $ 20.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to International Pavement Solutions, hereinafter designated as the "Principal ", a contract for construction of 2003 -04 SIDEWALK REPLACEMENT PROGRAM, Contract No. 3693 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. 3693 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and safeco Insurance Company of America , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport Beach, in the sum of One hundred eighteen thousand, eight hundred twenty -seven and 00/100 Dollars ($118,827.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. a 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 acreements 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 falls to indeinnni y, defend, and save harmless tlhe City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceedinc the sum specified in this Bond, otherwise this obligation shall become null and void. 28 9 0 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 24th day of May 2004. International Pavement solutions, Inc. International Pavement Solutions (Principal) Safeco Insurance Company of America Name of Surety 130 W. Vine Street, Redlands, CA 92373 Address of Surety (909) 792 -2343 Telephone Authorized Signa`A/T Z C. Rieger, President AdthorizqOAOnt Signature Karen J. Bjornestad, Attorney In Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 SAFECO POWER � OF ATTORNEY KNOW ALL BY THESE PRESENTS: 0 SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 No. 8082 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washipbl mpm6oR does each hereby appoint M+wwr —rr R17UR0 A BFkLF RARfiN L BIORNESfAD; Re*,,dA C k*,me r«w«r«w«rwrrr.w.«.«.«r . ar.ws..rw b Mw and WNU albmay(s}a-bci yrlllh MA audrfry b awc b m b bahaM Waiy and 2Neely bads cur hvdabltiep and other docrrenl3 of a urrilar chafadef issued in frw cowae of Is Mrihess. and b bid to respeAsr 0-90W MvetiY- IN WITNESS WHEREOF. SAFECD INSURANCE COMPANY OF AMERICA, and GENERAL INSURANCE COMPANY OF AMERICA have each exam iad and aMesled Mere pm whb . CHMTINE ...... 1hs 74 day of 4 17e- :. ....MULE MC CERTIFICATE Exvac/ f1mm Yli %,Lwee d SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSUPANCE COMPANY OF AMERICA: 2003 PRESICI M . Mice V. Sersoe 13 - FID&LOYAND SLIRETY BONGS - Ire Prasidanl. aW V-wr Pr>.tidenl On S.eootbM mr4w .Alaislad Viol; Fgaidai app ried for Mal :. PwpcsslyIwoffs -ii - 2 diia�hopirrrtolw.>tr11 aedhbsear>rreeily io.apro% +:+divridralsa arenay,.: fd..o[ wed.. Mwr aPr�P e'tlo,a r:M arll,o,iyb . eaesarb m baAalf of Me osxprW idoW wed shee/y bards ad:dlwe docrerrerhb of si elar cwraclw issred by the:- o"wry w 11r course of As bmi meets— On any "vabweard rradl or w4Wwiog, as ch appoirnilrA fm iWratisaa -ray be afbmd by lamine1w On wy irwiernherM. mnlalig -such adheeiy -or m "w bond v undwGlug of the mnpwW. On seal or a bc*rib frwre t r,wy be irgremed or aAiad a it arW adr r,erno epodiced, provided, howleyee, Seat Me seat shad nor be necessary to to valdily of any such irwbrnweA or wdarWary' . Exbad freer, a Resehrtim of"Board of Discilora of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopbd July 28. 1970. . "On cry certificate, esecrArd by the Sacratary or an aimulard secretary of the Corrpary seidng out . () The woveian of Wade V. SaAon 13 of Ire WiLaws, and n A copy of the pvrsol-alim" appoirtmwt weaibed punuad Maralo, and . . no prig Uel said poMerd corny appdnbeN is in Mfr farce and a fed. the sgraNe of the cardfyi g olfeer rrwy be by facts . old Me seal of #w Congay nay be a bmi nis dxereoV . 1, Chrisks, Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do herdy awtify 8ha1 8w W gWV edracb of the By -Laws and of a Res A*m Of Me Board d Oiecors of Mess corpora1mve, and of a Power of Albnwy asued pursoa/x theeb, are taus and correct, and hal bdh Iw Bylaws, to Resdu6m and Ow Poww of Abm" are s1il m RA force and eff&a IN WITNESS WHEREOF, I hoe hareuhb sect my hand and a1Mwd die Laairie seal of said corporaEm this 24th SEAL A, day of May CHRISTINE MEAD, SECRETARY 2004 • • NOTARY ACKNOWLEDGMEN IF State of California County of San Bernardino On May 24, 2004 before me, Gabrielle B. Fulton, Notary Public Date Name and Title of Officer (e.g. "James Doe, Notary Public) personally appeared Karen J. Bjornestad Name(s) of Signer(r) ® personally known to me —OR— ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), GABRIELLE B. FULTON or the entity upon behalf of which the person(s) acted, executed the instrument. Commission b 1452588 :;, `sue Notary Public - California S San Bernardino County WITNESS my hand and official seal. R?y Comm.E�Ye5 NOV 22.2007 . .. � OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Faithful Performance Bond Document Date: May 24, 2004 Number of Pages: 2 Signer(s) Other Than Named Above: Dennis C. Rieger Capacity(ies) Claimed by Signer(s) Signer's Name: Karen J. Bjornestad ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner ❑ Limited ❑ General ® Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: _. Too of thumb here Signer is Representing: Safeco Insurance Company of America Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other' To"thumb Signer is Representing: American LegalNet, Inc. ..USCoulForms. com State of County of CALIFO•IA ALL - PURPOSE ACKNOW•OGMENT California San Bernardino On May 26, 2004 before me, Nancy Escobedo, Notary Public Dale Name aM TAW of oar (eg..'Jane Doe, Notary Pablicl personally appeared Dennis C. Rieger Names) of Signals) ® personally known to me - OR - ❑ PFqved ta me on the basis of satisfaGteFy evideRee to be the persons) whose name(s) is /ace subscribed to the within instrument and acknowledged to me that he /sheRhey executed the same in hi r.�°�m authorized capacity{ices}; and that by hisNiedHfeh signatures) on the instrument the person(•s}, o or the entity upon behalf of which the person(s) acted, executed the instrument. NANCY ESCOSED ��:, Commisrcn # 1299339 z Pnard - CCounty > WITNESS my hand and official seal. c�� gelncrdino County �:a. MN cmrn �spir�3 JCn 31 ,2025 F ti:r' 5'xp,at�re of Npary PWHic OPTIONAL Though the information below is not required by law, it may prow valuable to persons relying on the ctcument and could prevent 6audulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Faithful Performance Bond Document Date: May 24, 2004 Number of Pages: 2 Signer(s) Other Than Named Above: _ Karen J. Biornestad Capacity(les) Claimed by Signer(s) Signer's Name: Dennis C. ❑ Individual ® Corporate Officer Title(s): President/Treasurer ❑ Partner - ❑ Limited ❑ General ® Attomey-i n- Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: International Pavement Solutions Inc. R ?GH'T.NUTABPR IN, r ,r I Signer's Name: ❑ Individual ® Corporate Officer Title(s): V. Pres. /Sec. Partner -❑ Limited ❑ General Attorney -i n- Fact Trustee Guardian or Conservator Other: Signer Is Representing International Pavement Solutions Inc. RIGHTTHUMBPRINT 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC November 22, 2004 International Pavement Solutions P. O. Box 10458 San Bernardino, CA 92423 -0458 Subject: 2003 -04 Sidewalk Replacement Project, Phase 2 (C -3693) To Whom It May Concern: On October 12, 2004, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on October 18, 2004, Reference No. 2004000938005, The Surety for the contract is Safeco Insurance Company of America, and the bond number is 6206827. 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 Far: (949) 644 -3039 www.city.newport- beach.ca.us 0 0 CITY OF NEWPORT BEACH Bond #6206827 PUBLIC WORKS DEPARTMENT Premium: Included 2003 -04 SIDEWALK REPLACEMENT PROJECT, PHASE 2 CONTRACT NO. 3693 BOND NO. 6206827 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to International Pavement Solutions, hereinafter designated as the "Principal," a contract for construction of 2003 -04 SIDEWALK REPLACEMENT PROGRAM, PHASE 2, Contract No. 3693 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. 3693 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, Safeco Insurance Company of America duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of One hundred eighteen thousand, eight hundred twenty -seven and 001100 Dollars ($118,827.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other .work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Develooment 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 `his 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 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under :his Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 24th day of May , 2004. International Pavement Solutions, Inc. International Pavement Solutions (Principal) Safeco Insurance Company of America Name of Surety 130 W. Vine Street, Redlands, CA 92373 Address of Surety (909) 792 -2345 Telephone Authori atu e Dennis C. Rieger, President 4966-9X'd Authorized ge Signature Karen J. Bjornestad, Attorney In Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 0 I SAFECO" KNOW ALL BY THESE PRESENTS: POWER OF ATTORNEY i SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA Mli* OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 NO. That SAFECO INSURANCE COWANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washngbn cmparafat does each Iweby apponl ur.wwra««««a�..rwr pA.HE'LL; KAREN I.BIORNFSTAD kc& m* 66f ®— wraw�rar�www�+w�w�ww�«i.ww. Its true and bwA/ allony(sYwbct *0 MI A*wiy b mac" m b W-d W-by and uvaiy Ends v wwwt*ww and o&w doomrenb d a sinnlar characbw issued it ro cane of is Eusinm. rd to bill Na rspec" angry *Araby. IN WETNESS WHEREOF; SAFECO INSURANCE COMPANY OF AMERICA. and GENERAL INSURANCE COMPANY OF AMERICA tea+ ea31 emvmc bd and. Mksled O me paarb .. -... Me 7& day of Mach 2003 CHRISTINE MEAN SECRETARY MULE MCGAVICK PRESIOV" CERTIFICATE EA ad from Yr Bytom dSAFECO INSURANCE COMPANY OFAMERICA. • ., . and of GENERAL INSURANCE COMPANY OF AMERICA 'Ards V. Solon 13. - Fl)ELfl F. -ANO: SURETY BCNOS _. Ia PnsidrA, only Vo Pfw ki@ . Rr Somollwb a14mV AI W o Vita Prw,Wd . app,,Aad'fos that. Purpasa by Ia a6rar w drsge d'amity aach Isa r mdhianitY b,eppoiA irrdmidrrla a atlentmys.i'IndoKwAar ofwr epprapdah Ran sith'Lm"ity 1. . sons" m baAalf d rr amWwV 6%W and manly 1 s rd'ogm doc a ft of srniar c aradr amid by Br.,cmnpry za sm chase d b hfairas... On my .. . Webvmrd mdAq r asidanrsq: mdr appoiAaril. ba dgnaYeaa nay be afbwd by brsi ft. On ry iet umM. omtrdM•sudr mJhriyv an any bad or wWmtabg ottla mnprry. Rr soA or a Lci "Nerd rrry be mWomised ar a1Brd m m any odwr mash rpodum&, pfoMed mmum, thal this seal shat not be a^comdry b lre vaiddy of m y such iniarmsed r wd vkk*m' . . Esuad born a Reeddur of to goad of Disciofs of SAFECO INSURANCE COMPANY OF AMERICA NO of GENERAL INSURANCE COMPANY OF AMERICA adopled,AYNt 2e. 1970. . . 'On any cwtiGmta eseoAad by Om Seam" or an asswlwd aarelry of cis Crrpary selling out () The prumkm at Arda V, Sedan 13 of Ira ily won, and [u� A copy dOw poor- oFallomW appair4mnL eamied pmmaM tlsasb. and no Ce+*" Mal said pswrolImom at appoiihert a w full frce and effod, dw wgrah" of the art Wq ollter rmy be by bcsiri. aM *m sesi of do Carpay fray be a Ia W%ie Mered.' 1, CNustins Mead, Sm%4wy of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA do hefeby mftiiy thal the bregwo mdracts d Ifs Bf4,wm and of a Rmo►Aoo of the Bond d Dieters of Owse mrpo almn, and of a Pca of ARmnay'ssued pasuwd Owefo, are bus rd mrred, and had both Ia B} Lase. to Reso ad the P w d Abornsy afs stiff iI full bres and m%ci IN WITNESS WHEREOF, I ha a hreutb sot my hand and albwd the bcsinis seal d said corporation khis 24th days May 2004 ,�,e coMp wvonR[ >. SEAL ? SEAL M 19i y� ISZ� � r(►IBI'j}ESYQ� CHRISTINE MEAD, SECRETARY 0 0 NOTARY ACKNOWLEDGMEN If State of California County of San Bernardino On May 24, 2004 before me, Gabrielle B. Fulton, Notary Public Date Name and Title of Officer (e.g.'Vames Doe, Notary Public) personally appeared Karen J. Bjornestad Name(s) of Signenn ® personally known to me -OR- - - - - - - - - - - GABRIELLE B. FULTON Gommisslon p 1452588 Zz VNotary Public - Callfomla Y Son Berndrdlno County — Nty Comm. EADtesNov222007 ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Labor and Materials Bond Document Date: May 24, 2004 Signer(s) Other Than Named Above: Dennis C. Capacity(ies) Claimed by Signer(s) Signer's Name: Karen J. Bjornestad ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner ❑ Limited [ ® Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Safeco Insurance Company of America General Number of Pages: 2 Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner ❑ Limited ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ❑ General Top of thumb here American Leg -INet, Inc. wxx USCoartPorms.com State of County of CALIFOP...IA ALL - PURPOSE ACKN0WOL-JGMENT California San Bernardino On May 26, 2004 before me, Nancy Escobedo, Notary Public Date Name and Tithe of Officer (e.g..'Jane Doe, Notary Public's personally appeared Dennis C. Rieger Names) of Signer(s) ® personally known to me - OR - ❑ to be the person(s) whose name(s) isiafe subscribed to the within instrument and acknowledged to me that he/shelhey executed the same in his/geN#heif authorized capacity(ies), and that by hisiheritheir signature(a) on the instrument the person(s), scor`DO or the enti t! upon behalf of which the person (s) acted, ,s n 412os9;om z executed the instrument. p.;buc z _ -naTdlnoCc.u'+t`f r WITNESS my hand and official seal. Sig tore of Notary Public OPTIONAL Though the information below is not required by law, it mayprove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Labor and Materials. Bond Document Date: May 24, 2004 Number of Pages: 2 Signer(s) Other Than Named Above: Karen J. Bjornestad Capacity(les) Claimed by Signer(s) Signer's Name: Dennis C. ❑ Individual ® Corporate Officer Title(s): President/Treasurer Cl ❑ ❑ Partner - ❑ Limited ❑ General Attomey -i n- Fact Trustee Guardian or Conservator Other: Signer Is Representing: International Pavement Solutions Inc. Top of thumb ho o Signer's Name: ❑ Individual ® Corporate Officer El Cl El ❑ Title(s): V. Pres. /Sec. Partner - ❑ Limited Attomey -i n- Fact ❑ General Trustee Guardian or Conservator Other: Signer Is Representing: International Pavement Solutions Inc. RICH ?THUh19FRINT Ll RECORbJi4G,4W&tt' � ED BY AND WHEN RECORDED RETURN TO: City CleiV OCi 25 1111 City of Newport Beach 3300 Newport Bou�,v�� New�H}t Bl ��hh,, v w ff CIl Y L'F F;':.tYP CH s Recorded in Otticial Records, Orange County Tom Daly, Clerk- Recorder !{ 111LIiIIIliI11fIINIILIIlilf 011�IIII{ Ilflilllll fN111111101111fi1{!1111N0 FEE 200400093800512:12pm 10/18104 107 23 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording ees pursuant to Government Code -Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and International Pavement Solutions, Inc., i'. of San Bernardino, California, as Contractor, entered into a Contract on May 25, 2004. ' a Said Contract set forth certain improvements, as follows: Td � Sidewalk. Curb and Gutter Phase 2 (FY03 -04)(C -3693) Work on said Contract was completed on August 27, 2004, and was found to be acceptable on October 12 2004, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Safeco Insurance Company of America. Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on k4ll?o (lf/,---I d Co V at Newport Beach, California. pORtb BY City Clerk CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harldess, MMC October 13, 2004 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion (C -3693) 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 0 'Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and International Pavement Solutions, Inc., of San Bernardino, California, as Contractor, entered into a Contract on May 25, 2004. Said Contract set forth certain improvements, as follows: Sidewalk Curb and Gutter Phase 2 (FY03 -04) (C -3693) Work on said Contract was completed on August 27 2004, and was found to be acceptable on October 12. 2004, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Safeco Insurance Company of America. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on C l �c at Newport Beach, California. go BY lv'Z4� City Clerk 'fH:. CA 1-4 COU,jO1L I};,�1f- BV TV OF NEWPOR(6^ACH 1 i, U. Ifl CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 8 October 12, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department R.Gunther, P.E. 949 - 644 -3311 rgunther@city.newport-beach.ca.us SUBJECT: SIDEWALK, CURB AND GUTTER PHASE 2 (FY03 -04) — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3693 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On May 25, 2004, the City Council authorized the award of Sidewalk, Curb and Gutter Phase 2 (FY03 -04) contract to International Pavement Solutions. This project involved a second phase of the 03/04 SW -C &G project, which included sidewalk removal, root removal /trimming, and the construction of new PCC sidewalk within the Eastbluff area. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $118,827.00 Actual amount of bid items constructed: 124,824.81 Total amount of change orders: 0.00 Final contract cost: $124,824.81 The scheduled completion date was August 20, 2004. Due to additional sidewalk constructed; the completion date was extended to August 27, 2004. All work was completed by the revised completion date. SUBJECT: Sidewalk, Curb and Gut t se 2 (FY03 -04) - Completion And Acceptanoontract No. 3693 October 12, 2004 Page 2 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 Sidewalk Replacement Maintenance Account Maintenance Account Prepared by: R. Gunther, F.E7 Construction Engineer Account Number Amount 7013- C5100020 $ 18,994.81 3130 -8080 55,830.00 3130 -8239 50.000.00 Total: $124,824.81 Submitted by- p en G. Badum �- Public Works Director 4 CITY OF NEWPORT BEACH CITY CLERK WNOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915 Until 11:00 a.m. on the 12th day of May 2004, at which time such bids shall be opened and read for 2003 -04 SIDEWALK REPLACEMENT PROJECT PHAS Title of Project Contract No. 3693 $115,000.00 Engineer's Estimate by Ste Badum Pu 'c Works Director O\ 1P\�e o Q ��5�a �\o0�5G\� Q C1\ >> a Js ,�ItQ�Gr. Prospective bidders may obtain one set of bid documents for $ 10.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: "A" For further information, call Stephen J. Luy, Protect Manager at (949) 644 -3330 * r , • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2003 -04 SIDEWALK REPLACEMENT PROJECT PHASE 2 CONTRACT NO. 3693 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 SPECIAL PROVISIONS ................................................................. ...........................SP -1 2 I r � • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2003 -04 SIDEWALK REPLACEMENT PROJECT, PHASE 2 CONTRACT NO. 3693 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 cashiers check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The 0 0 securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 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. 71ga-;,(e 4 �i 13 Contractor's License No. & Classification rNTE2.UA7-/ O" A,'. Pfio /neyr S'OU4VDN.5 � Bidder Authorize urer itle � _4 y /o, "0 y Date 0 i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2003 -04 SIDEWALK REPLACEMENT PROJECT, PHASE 2.. CONTRACT NO. 3693 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of Bid Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of 2003- 04 SIDEWALK REPLACEMENT PROJECT, PHASE 2; Contract No. 3693 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 +lot exonerate the Surety from its obligations under this Bond. Witness our hands this 11th day of May , 2004. International Pavement Solutions, Inc Name of Contractor (Principal) Safeco Insurance Company of America Name of surety 130 W. Vine St., Redlands, CA 92373 Address of Surety (909) 792 -2345 Telephone �ufhonz�d �ijn�t� natur, ennis i er res -dent 1167U J A oozed nt ' nature Karen J. Bjornestad Attorney In Fact` Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) „�17Q gt)km -IDS 3/td8 -111,1I 9I4966L606 5I�6T 700d/0T/50 0 5 A F E C O• POWER T OF ATTORNEY KNOW ALL BY THESE PRESENTS: 0 SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLALI SEATTLE, WASHINGTON 98185 No. 8002 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washigbn mrporallm does each hereby apPow ww« «.rwww«.a«w+«. —w RXIUAD A BRALL, KAREN J. BIORNESTAD; Rodkmmdr, 6ldkftm�"'�"�ww.a.«..«.«.« «. «..««w tls true and hwU dlornwAsjeh,lad, with MI ahh8wriy to commits on its be1aU Welly cad surely bonds or hndsrtbps and other doaarwb of a sinilar chestier Issued in to muse of is business. and lo bind the mapsaft company thereby. . IN WITNESS WHEREOF. SAFECO INSURANCE COMPANY OF AMERICA wit GENERAL INSURANCE COMPANY OF AMERICA have each eocamited and Masted these presents .. . .... lNs 7i day of Mach 2003 CHRISTINE NEAR, SECRETARY MIKE MCGAVICK PRESIDENT CERTIFICATE Eriad fiom the borers of SAFECO MISURANCE COMPANY OF AMERICA and W GENERAL INSURANCE COMPANY OF AMERICA: 4Artids V; S"m 13. - FIDELITY AND SURETY BONDS :.. the PhesWW*. any Vice Presided, the SQm*h , wAt.any AssWasit Vim Premidat awkiliad for that wrpose M he.mm in derP diary ep'aiilri, dJ arch hum au8wly fo. rpp oem 2ppopials Rlae eilh audhcriy b . a`e ctft m b" of to ownp" idow, ww Pauly bads mud Dom domwrorb W sirrsler dwaraota usuad bf the.om"m it Oa muse of b b bi .. CPn ary watrumnd mWwv ar wAdwam such appoiirr4 the agrAa+ MW be diced bV larairaw On aV treiarnad mnlwrirg..such aLdm* w on afV bond w uMmtal4f5 of the amp". the seal o a faoirols Ibwat mar be mWasmad or Wbnd w it any other rrumer epcAtced; proddedk hwmww, twat the seal shall not be necessary to to vafdly of am such wosbur wl or uda►Airq' Fxtac! Man a RwrhuOon utters Board of Diechms of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted A* 28, 1870. 'On art/ ceRYicate decoded by the Secretary a an as5akmd secretary of 0ta Company setting out . () The prweiats of Article V. Section 13 of 00 By{asa, and n A copy of Me pm erolaMwnsy appowb erk asemied pummw4 thereto, and (e7 CvAyig dw said psaerofrbrrtey aF I , 0 1 eN is in ILA face and oRed. ate sVrtwvv of to cw MruO o16cer mey be by Iaairrie, and On seal of tar Cc"wwy may be a Jaoirde twoof' 1, Christina Mead, Semdery of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby cerUly that to lae9oig wirats of the Bylaws and of a Resob+lou of tle Board of Diredom of these corporaborm, end of a Power of ABnney issued pursuant OWE40, are bus and ported, and that Wei the DpLaws. to Resukhort and the Powa of Attorney are still in full knee and eflact IN WITNESS WHEREOF, I have Irwourdo sit my hand ad alkcad Ma boirdls scat of said corporaAvn nhis 11th SEAL day of May CHRISTINE MEAD, SECRETARY 2004 S-097V SAEF 7X11 B A teghlered LademaA O SAFECO Coryoraikn r WTARY ACKNOWLEDGME10 State of California County of San Bernardino On May 11, 2004 before me, Gabrielle B. Fulton, Notary Public Date Name and Title of Officer (e.g. "James Doe. Notary Public) personally appeared Karen J. Bjornestad ® personally known tome —OR— GABRIELLE B. FULTON Commission a 1452588 z 41my Notary Public - California San Bern Comm . ENJIresNOV 22 2007 ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ITNESS my hand and official seal. OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: May 11, 2004 Signer(s) Other Than Named Above: Dennis C. Rieger Capacity(ies) Claimed by Signer(s) Signer's Name: Karen J. Bjornestad ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner ❑ Limited ❑ General ® Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other' Top of thumb here Signer is Representing: Safeco Insurance Company of America Number of Pages: 1 Signer's Name: ❑ Individual Corporate Officer Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: T mbhere Signer is Representing: Ame�iran Leg; W et, Inc. w.vw.USCaunForns.com CALIF0I0A ALL - PURPOSE ACKNOMOGMENT State of Califomia County of San Bernardino On May 11, 2004 before me, Nancy Escobedo, Notary Public Dale Name ana Title of Off a (e.g.,'Jam Doe, Notary Public') personally appeared Dennis C. Rieger Name(s) of Signef(s) ® personally known to me - OR - ❑ PF19yed to Fne on the bas s of sat sfaGtO^• ev, denAe to be the person(s) whose name(O is /are subscribed to the within instrument and acknowledged to me that he /shekhW executed the same in hisiheNiheir authorized capacity(ies} and that by his/herkhteir signature(s) on the instrument the person(s), -<< or the entity upon behalf of which the person(s) acted, NANCY i M (',drD executed the instrument. Commission # 1'189339 - Notary Public - California $ Son Bernardino County WITNESS my hand and official seal by Comm. 6piresJan3L?fA56 T Sgnatumof Ndary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: 11. 2004 Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Dennis C. ® Individual ® Corporate Officer Title(s): President/Treasurer ❑ ❑ Partner - ❑ Limited ❑ General Attomey -i n- Fact Trustee Guardian or Conservator Other: Signer Is Representing International Pavement Solutions Inc. RIGHTTH W. I6PRINT Number of Pages: Signer's Name: ❑ Individual ® Corporate Officer I Title(s): V. Pres. / Sec. Partner -Fj Limited Attomey -i n- Fact ❑ General Trustee Guardian or Conservator Other: Signer Is Representing: International Pavement Solutions Inc. R I G Ii'TH 11lh..16 P R INT ,. . Fife Edit flew Fayorftes Took Hey. aBack + - '3 =A ..2.....! . '4tSearch `Favorites .$. .� j a 3 . . .........._ .............. ._. _. ...._._. ...._.... ............ .....,..... ..........:.... ...:...... .......:.. ............ ....... Address htq�:J/www3.anibest.com/ Frames / Frameserver .asp?URATINGID= 840616&site= ratings& Tab= 2&Re�Num= 2443&AItNum= C&AItSrc 0&I e'GO Lkiks °' .... ... ..._. ._... ..... ... .. �urNBoe Enter search wor - Seafi "' ... ..... .. _...... ..._. _._._ ._..._ _._.___... __ .j_.. .. _. _.. .. ....... 4.f.�.,sft.r.`.' 41 i -,;•_ :'' SEARCH`+ Member of Safeco Insurance Companies A.M. Best k: 01446 NAIC p: 24740 G View a list of croup members or the group's rating O tfa.e. ear -h Best's Rating Cat, s rwma BEST A (Excellent)* x , Financial Size Cateclory Be6Tr XV (S2 billion or more) `Ratings as of 05(12'2004 04:01:37 PM E.S.T. [gip -- - - Rating Category (Excellent): Assigned in Snmpanles tliathave, in our npmfon, an excellent anilitym meet tnnjr n: ;going obiganons to pm�cyhorors Accessmgme Important Notice: Best's Ratings reflect our opinion based on a comprehensive quantitative and qualitative evaluation of pages on a company's balance sheet strength, operating performance and business profile. These ratings are not a warranty of an co s esm nm ; rre insurer's current or future ability to meet its contractual obligations. View our entire notice for a complete details. user's agreement to our terms of Companies interested in placing a Best's Security Icon on their web site to promote their financial strength may register use, Intormatien online. collected'r,a mNS Wen site is protected by our ._. rfP vacV Copyright (c) 2004 by A.M. Best Conti Inc ALL RIGHTS RESERVED statement, 140 part of this information maybe distributed m any electronic form w by ariyy means. or stored in a database or retrieva '. system. without the prior written perrmssion Comments or of the Id Best Company. Refer to our hernir, gf_t_rae for additional details . concerns should be ,4_....._. _.......... ---- -------- ... __ ...._._ _ a Done ........... ........... . Internet 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 9 2003 -04 SIDEWALK REPLACEMENT PROJECT, PHASE 2 CONTRACT NO. 3693 DESIGNATION OF SUBCONTRACTORS) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractors total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: N PA/ r= Address: Phone: State License Number: Name: Address: Phone: State License Number:__ Name: Address: Phone: State License Number: /Q Bidder Authorized Signatur e 9 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2003 -04 SIDEWALK REPLACEMENT PROJECT, PHASE 2 CONTRACT NO. 3693 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name zAereeuar/ouaL A4UE/✓7Ett7- SOLLO77DN,5 .Zuc. 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 A60 14 2 4642-4 Project Description (7,0NC26TE , 4_,4,vQ.5C,4i0E7 571- 1,01AIS, GDrrISTRuGTk�t/ Approximate Construction Dates: From (9/,30/03 To: Agency Name. C17y of C9 1V0 Contact Person AlkE /10LLC,I.I U Telephone tgo9) 51 YJ'3/ Original Contract Amount $185, /9b °'D Final Contract Amount $ 3 /9, 85 D. O a If final amount is different from original, please explain (change orders, extra work, etc.) MA C76- o"a-5, CIMMCiE /N SCOPE Dyr 0,94K 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 D • Al(, . 0 0 No. 2 '// Project Name /Number / /}7TON 57WrE 9SA17WL ��GNL9ND L'�• rcruC. /-Or .ores Project Description A305-,4310r!PG4()AW6 &O�7�1 145PIMR , SEAL , N4,/'O�rsr/2liG7 /ON Approximate Construction Dates: From Agency Name /%2310 To: �� /03 C,4L -i GO" / 4- Contact Person DAV 114Ns EA) Telephone (9/6) ,376 - //v(, 3 Original Contract Amount $3P3,85a.'9T--inal Contract Amount $ 7.2 3i (v00/- 00 If final amount is different from original, please explain (change orders, extra work, etc.) M#90P- 0ef/1 "6E5 AV SCOPE o t k)A/k A V D 6_4L45Eig4(e -y7_ M4W6C" MAW.8 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 No. 3 Project Name /Number 6 Project Description /15p4 ¢Lr , 1'DAlCee7E , 9561 , S_�T21P <�/(� _ Approximate Construction Dates: From /'ad -D V To: 'S/ 3/- oY Agency Name _ I[r,# G6&i -y SEA(/ /CE5 L'%IS7R_IC7— Contact Person .1WN R06i 'L5 ._Telephone (909) a-96 - 3/76 60 954/• �a� Original Contract Amount $�5y3. Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) 6AW46 ©Me,eS — 19001 770n,ac W,9k-V- 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 NO 0 0 No. 4 Project Name/Number SGu /�? Y SEA-1 — t4kQ Ou5 R-0"S Project Description $E7� L r Sr2tP C Approximate Construction Dates: From 1 %,10 To: Agency Name 5,9.'U 7f3 2�05� C'Ominu cc <r� Stu/ /c�3 b /ST2�c)- Contact Person-.%6 <+� /2UGE2 5 Telephone 4P Original Contract Amount $19111 V/ Final Contract Amount $ I'M 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. p. No. 5 Project Name /Number AE-72 )6,4RK j .ORS -D FrojectDescription 60&k E7448 , 4500#41-7-, COUaWeerf, 5X21 AE Approximate Construction Dates: From 6�3oZD3 To: e/3//03 Agency Name Pen. S Contact Person 17210 6L. MM-41-6,5 -,._.__Telephone fFOg)2V3-56;2Z3 Original Contract Amount Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. nM 9 0 No. 6 Project Name /Number .CA- &UlAir/F bk • Sr tinPRaur- �t��yr� QD %QS #�°2% Project Description A6)4A4L7- Approximate Construction Dates: From 6130 10-9 Agency Name &/ Ty er GLEw4)0219 To: - /agloy Contact Person CiA&"S Telephone 0 n /r/- 8aY S-_ Original Contract Amount J9 -W6•5% Final Contract Amount $_7 9°u4 '✓erg 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. rol 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. _Z�Prt` N4710AJ L PW&n&yr SU' ows Bidder -z7L*- M Authorized SignatureCPKe 0 0 P.O. Box 10458, San (909) 794 -2101 Bernardino, CA 92423 Joel Batule Experience 2001 — Present International Pavement Solutions, Inc. Mentone, CA Superintendent • Achieved maximum efficiency in job and work crew scheduling. • Increased production, making more profit on each job. • Supervises crews for all types of projects from residential, commercial, industrial buildings and public works projects. • Directing the Asphalt Division, which consists of four Supervisors and Ninety Field Associates. • Studied specifications to plan procedures for construction on basis of starting and completion times and staffing requirements for each phase of construction. • Confers with and directs supervisory personnel and subcontractors engaged in planning and executing work procedures, interpreting specifications and coordinating various phases of construction to prevent delays. • Confers with supervisory personnel and labor representative to resolve complaints and grievance with work force. • Inspections of work in progress to ensure that workmanship conform to specification and adherence to construction schedules. • Prepared or reviews reports on progress, materials used and costs, and adjusts work schedules as indicated by reports. 1997-2001 Western Pacific Asphalt Anaheim, CA CEO • Yearly sales of $1.8 million to $2 million. • Managed sixty -field employees and an office staff of three. • Achieved maximum efficiency in jobs and work crew scheduling and productivity. • Responsible for the ordering of materials and supplies needed for all job assignments. 1990-1997 Asphalt Brothers Cypress, CA Superintendent • Responsible for work crew consisting of ten crewmembers. • Achieved maximum efficiency of jobs and productivity. • Suggested ideas that increased productivity and profit. Education 1985-1990 Kennedy High School Cypress, CA • General Studies Accreditations California State Contractors License. Class C -12 not active. • i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2003 -04 SIDEWALK REPLACEMENT PROJECT, PHASE 2 CONTRACT NO. 3693 NON - COLLUSION AFFIDAVIT State of California ) ) ss.. County of T) t-zkw t C. •JZr L---6;EfZ being first duly sworn, deposes and says that he or she is P-t---. TR OfsurSnwnoNnt. 1mmeiur9UAVlo15.Ltxthe party making the foregoing bi ; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. 2�Wttiauht, �n�ur SpJ�.rLin1S xxJC. C ��- �r2ctit5 Bidder Authorized Signatu itle Subscribed and sworn to before me this I D day of __, 2004. [SEAL] Notary Public V My Commission Expires: � a(�S NANCY En # 1289 3 � a ^;y Commission # 1289339 � i "•�' Notary Public - Colirorttt0 £ _ 1,San Bernardino County r t 41 Ay Comm. Fpies Jan31.2M5 11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2003 -04 SIDEWALK REPLACEMENT PROJECT, PHASE 2 CONTRACT NO. 3693 DESIGNATION OF SURETIES Bidders name ZiV7t-,Q/VP-77O", -L- 4ot-- mc-lur S291-a7zONS _77l,C . 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): BULL -7n1S - $(Jwzce-S 0 L!J Urn e St. (�ie�Qlands,C/� 9a393 - '*I9a- a3 sHf�CO taus Co . �� �/r1F.2�cy _ 6 4-�-Go {642,14 SEFF7 LE, WF4 9(,?/e5 -79.2 - 12 r • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2003 -04 SIDEWALK REPLACEMENT PROJECT, PHASE 2 CONTRACT NO. 3693 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name _Tk7r_7u,4Tr0uw& &uLME,vr 5o1_uno,us -�c Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries; Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Current Record Record Record Record Record Yearof for for for for for Record 2003 2002 2001 2000 1999 Total 2004 No. of contracts (�3b 13a5 �a7S //OS' 79,5- 7SO 5930 Total dollar Y Amount of Contracts (in t 9 `r 9 "7 8b X416 Thousands of $ ) 1MfU.ioly MIU4P'U err I 'Wom IHIWCP1 MALUON ,An LUON mILUpy No. of fatalities V P� No. of lost Workday Cases ¢ 2 J0 �{ No. of lost workday cases involving permanent r{ a transfer to TT another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries; Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 9 0 Legal Business Name of Bidder ZA1i42No-r7ov4'- 434tt- &xvr SDlurtD )s _i c. Business Address: P, c). t5ox too s-8 Business Tel. No.: 5oy -�g4- a r�i State Contractors License No. and Classification: 7a-9 x- B Title 6e?Leean -(- q&wrRAcrincc, + �3waxN6 The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title o, ac) If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 10 State of County of CALIFOY& ALL - PURPOSE ACKNOWL•GMENT California San Bernardino On May 10, 2004 before me, Nancy Escobedo, Notary Public Date Name and Title of Officw (e.g., Doe, Notary Pubic") personally appeared Dennis C. Rieger and Brent C. Names) of Signers) ® personally known to me - OR - C] proved to me on the basis of sat sfaGtor • evidence to be the persons) whose name(* Ware subscribed to the within instrument and acknowledged to me that he /sheilt" executed the same in hi„ /he ithei; authorized capacity(ies)-, and that by _ �y his/ hedtheir signatures) on the instrument the person(s}. NANCY 1-C 77 or the entity upon behalf of which the person(s) acted, 1� Commission # 1289339 executed the instrument. < Notary Public - Califomia '> Son Bernardino county [ WITNESS hand and official seal. "Zj MY Canm.tND as .hn31,2➢n5.9 Sgnaf WNatary PUdic — OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Document Date: May 10, 2004 Number of Pages Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Dennis C. Individual ® Corporate Officer El El Title(s): President/Treasurer Partner - ❑ Limited ❑ General Attorney -i n- Fact Trustee Guardian or Conservator Other: Signer Is Representing: International Pavement Solutions Inc. Top of Ihumb We Signet's Name: Brent C. Rieger ❑ Individual ® Corporate Officer Title(s): V. Pres. / Sec. Partner - ❑ Limited ❑ General Attorney -i n- Fact ■ ■ ! Trustee Guardian or Conservator Other: Signer Is Representing: International Pavement Solutions Inc. RIGHTTHULI6P R!NT CP 3 311ER CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2003 -04 SIDEWALK REPLACEMENT PROJECT, PHASE 2 CONTRACT NO. 3693 ACKNOWLEDGEMENT OF ADDENDA Bidders name lOi404rinerNi SOI-a7T10"5 Z7-t. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. 1s 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2003 -04 SIDEWALK REPLACEMENT PROJECT, PHASE 2 CONTRACT NO. 3693 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: SVr6QAA *ntw.aL Y01tM&vr TOLL6770AS z7-r-• Business Address: P-0.136k /OtfSB� S,91L) L3C/Lt¢.¢2otNo, M `d-(ea.3 - 0YJ7P Telephone and Fax Number: 909. 79y- alol California State Contractor's License No. and Class: i 45 (REQUIRED AT TIME OF AWARD) Original Date Issued: / /-/ -90 Expiration Date: 11-36-.0 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: 64k-L 1-4 A 5 o M E 5T! m -;-T'o tZ The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address go9T leph one aRC�tTG-RlE6EQ (/PkeS/SEC p•o•�x bas, /ti1EU%d�/E, a 9.2'369 909- 8v!- 9793 Corporation organized under the laws of the State of 111&//4 -DA- 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: &R ,Z-Ahl. -VA/C. 13C& Z7LV.. JUC.. =AS S8201C &75 X7UC . , E&A -zed. ANC 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 lab compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.) ?Yes CV0 Are any claims or actions unresolved or outstanding? Yes / No 17 0 �J 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. SNrEJZ.URr1om,O A4UEMEN7_ SDI- ur-ioms rnic. Bidder Mw-j is c. (Print name of Owner or President of Corporation /Company) �Authorize u i ?RE-srrZ�r+s-.____ Title ¢�jo, aoo cj Date Subscribed and sworn to before me this /b day of /014V._ 12004. [SEAL] NANCY �scosEOo 'j Commission N 1289339 "'- Notary PubliC - CaliFOmia 7 San Bernardino County MyCanm.cq:Ses1an3l'm is CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2003 -04 SIDEWALK REPLACEMENT PROJECT, PHASE 2 CONTRACT NO. 3693 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. W 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 2003 -04 SIDEWALK REPLACEMENT PROJECT, PHASE 2 CONTRACT NO. 3693 CONTRACT THIS AGREEMENT, entered into this _ day of , 2004, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and International Pavement Solutions, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: 2003 -04 SIDEWALK REPLACEMENT PROGRAM, PHASE 2 Project Description 3693 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. 3693, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 8111 0 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of One hundred eighteen thousand, eight hundred twenty -seven and 001100 Dollars ($118,827.00). 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 CONTRACTOR International Pavement Solutions P.O. Box 10458 San Bernardino, 909 - 794 -2101 CA 92423 -0458 909 - 794 -6416 Fax F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11185) 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. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 23 0 9 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. ME • 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. APPROVED AS TO FORM: L/`JrC1L_ CITY ATTORNEY 25 CITY OF NEWPORT BEACH A Municipal Corporation By:\ Mayor INTERNATIONAL PAVEMENT SOLUTIONS By: - Authorized Signature d Title •ACORD CERTIFICAThOF LIABILITY INSURA E PRODUCER (909) 792 -234 5 FAX (91W92-0159 I HIS CERTIFICATE UEDASA MATTER OF Beall Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CE HOLDER. THIS CERTIFICATE DOES NOT AMEN( 130 W. Vine Street ALTER THE COVERAGE AFFORDED BY THE PO Redlands, CA 92373 INSURERS AFFORDING COVERAGE NSURED INTERNATIONAL PAVEMENT SOLUTIONS, INC. INSURERA: LANDMARK AMERICAN INSURANCE CO P. 0. BOX 10458 INSURERS: AMERICAN STATES INSURANCE CO. SAN BERNARDINO, CA 92423 INSURERC: ALASKA NATIONAL INSURANCE CO COVERAGES DATE (MMIDD/YYYY) 05/26/2004 EXTEND OR CIES BELOW. NAIC # 85662 19704 36733 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN 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. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MWDD DATE MMIDDM/ LIMITS GENERAL LIABILITY LHA124012 10/06/2003 08/13/2004 EACH OCCURRENCE $ 1,000,000 PREMISES Ea occurence S SO,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE MX OCCUR MED EXP(Any one person) S Excluded PERSONAL B ADV INJURY $ 1,000,000 A X Deductible $5000. GENERAL AGGREGATE 5 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: POLICY PRI- X JECT LOG PRODUCTS - COMPIOP AGG $ 1,000,000 AUTOMOBILE LIABILITY ANY AUTO 01CG21S921 -20 08/13/2003 08/13/2004 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS B HIREDAUTOS NON -OWNED AUTOS X BODILY INJURY (Per accident) S X PROPERTY DAMAGE (Per accident) $ AUTO ONLY - EA ACCIDENT S MGARAGELIABILITY ANY AUTO OTHER THAN EA AGG S AUTO ONLY: AGG S EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ❑ CLAIMS MADE AGGREGATE $ S DEDUCTIBLE $ RETENTION 5 $ L WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNGWEXECUTIVE OFFICERIMEMBER EXCLUDED? If yes, describe under SPECIAL AL PROVISIONS belay 03GWD40057 07/29/2003 08/13/2004 T ORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS E: CONTRACT N0.3693 - 2003 -04 SIDEWALK REPLACEMENT PROGRAM, PHASE 2, NEWPORT BEACH, CA HE CITY OF NEWPORT BEACH, ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE NAMED AS ADDITIONALS NSURED WITH RESPECTS TO THE GENERAL LIABILITY PER ATTACHED CG 2010 11/85 AND TO THE AUTO POLICY PER TTACHED CA 7135 12/93. EXCEPT FOR 10 DAYS NOTICE FOR NON- PAYMENT. CITY OF NEWPORT BEACH, PUBLIC WORKS DEPT. ATTN: SHARI ROOKS PUBLIC WORKS SPECIALIST, 3300 NEWPORT BLVD, NEWPORT BEACH, CA 92658 ACORD 25 (2001 S:AINS.CLLA I IV N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ( I i d Beall © ACORD CORPORATION 1988 • s CG 20 10 11/85 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BLANKET - PRIMARY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM. SCHEDULE Name of Person or Organization: CITY OF NEWPORT BEACH, ITS OFFICERS, OFFICALS, EMPLOYEES, AND VOLUNTEERS. PUBLIC WORKS DEPARTMENT 3300 NEWPORT BEACH P.O. BOX 1768 NEWPORT BEACH, CA 92658 -8915 RE: 2003 -04 SIDEWALK REPLACEMENT PROGRAM, PHASE 2, CONTRACT #3693 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. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. IF YOU ARE REQUIRED BY A WRITTEN CONTRACT TO PROVIDE PRIMARY INSURANCE, THIS POLICY SHALL BE PRIMARY AS RESPECTS YOUR NEGLIGENCE AND CONDITION 4. OTHER INSURANCE DOES NOT APPLY, BUT ONLY WITH RESPECT TO COVERAGE PROVIDED BY THIS POLICY. This endorsement effective 10/06/2003 Forms part of Policy Number: LHA124012 Issued to: International Pavement Solutions Inc Includes Copyrighted material of Insurance Services Office, Inc. 1984 (CG 2010 1185) with its permission a � THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CA 71 35 12 93 ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Endorsement effective: Policy Number: DICG215921 -20 05 -26 -04 Policy Period: 8113103 - 8113104 Named Insured: Countersigned by: International Pavement Solutions, Inc. Richard Beall, i ) Address: (Authorized Representative) City of Newport Beach, Public Works Department, Its Officers, Officials, Emolovees, and Volunteers 3300 Newport Beach Blvd. Newport Beach, CA 92663 ( If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Under LIABILITY COVERAGE WHO IS AN INSURED is changed to include as an "insured" the person(s) or organizations) shown in the Schedule, but only with respect to 'bodily injury" or "property damage" resulting from the acts or omissions of: 1. You; 2. Any of your employees or agents, 3. Any person, except the additional insured or any employee or agent of the additional insured. operating a covered "auto" with the permission of any of the above. B. The insurance afforded by this endorsement does not apply: To "bodily injury" or "property damage" arising out the sole negligence of the person(s) or organization(s) shown in the Schedule. CA 71 35 12 93 a�resi2aea - ^.:e� - vl'J ii, �, Z ;iG iG� iG'1b� 1 "�, Nk.j %0 ^J'. t ; ;- _'�' =AG= 82 -rn NO. 7M °, ? I N 5 U F A N C C O M P A N Y INAIVKR OF OUR RIGHT l0 RECOVER FROM OTHERS ENDORSEMENT -- CALIFORNIA vve have the raht to recoter our payments from You must maintain payroll records accurat =y anyone liable for an injury ;,over =d by this policy. We segregating the remune -at ion of your amoioyees wnilo �Nrll not =enforce our rot against the person or angaged in the work describes in thg Sanedula. organisation named in I the Schedule. `his agreement applies only toth =- extent- that - you -psrro n Laa_additicnal- preLlun for Ynis endorsement shall be wo,* under a wrt en coMract that requires you to o" the Cairomia workers' compensation oremfurr; obiain this agreement front{ i us.) othervaise due or, such rernuneraUQ171. + SCHEDULE Person er Organization ! Job Description City of Bishop East Line Street Improv9Mants Bid - Schedule 1 ?s i County of San "sernardino. Contract 902.11168 VO Insurance Compli Cgntract #03.0639 Insu ance Data Services Citl, at Oxnard Re' Cdrr;3ou Jp_are Aficy CIO Risk Manager Cxna;d, CA Reference No.. A -5277 31)0'N T,Nrd Street, Suite 19C2 Oxnard, CA 93036 The Jaeger Corporation All voerations Attn, Lo's 27576 Commerce Centekr., Suite 203 1 emecuia, CA 92-59-3 j Inland Empire litllitles AgAncy AU Operations AYfi: Gina Knight P.O. Sox 9020 i Cninc Hills, CA 91709 IJ Monarch anlu .utoNation, fnc. AN Operations 1061 Dave Street Suite 200' Newport Beach, Ca. 92360 This endorsement Ghat sued. The informatio of the policy. Endorsement Effective Ina`W2d I:,icrnailarial � Countersigned By VdC Gd 03 06 (04 S4) s 64a poiiey W Whrch if is at'ached and is e ieefiva on the defe !;sued unless Dlh6i-Mse below is required only when this endorsement is isau_d subsequent to preparstiooj 29, 2003 too. 03G WD 460157 Solutions; Inc. hndorsemwltNo. 19 t3 ✓, ^E`f'�ds rff; 07129103 Beall rirandal &Ins. Sevl;*s, Inc. MsAq I N G U R A N C Rivd, yids County Orrice Or 3939 i hiteanth Street Rive rside, —CA 82502 -096F t0oron D Basin `ransit A 82T? Ve?r5erfa Road Jasnua Trea, CA 32252 C O M P A N Y Monarch Construction an4l Santa Ana Paiic° Off;xrs Association 1001 Dove Street Suite 205 Newport Beach, CA 92660 Kirkley CoPo.°ation and RaIph's Akaft•:e`. ; K 522 Rmloo Dr. Unit,A Redlands, CA 92375 Donahue Schribar Realty Group, L.P.C. AM: Henry Avlfa 4120 1 Flarlda Ave, i Hemet, CA 92544 I Coachella Valley Water F.Q. Box 1058 003chel!a, CA 92230 The City of Newport Bel Pualic Works Departme 3300 Newoort Blvd. Nevpo, i Seaeh, CA 92 INS .i1d0;5ern e.•lt sated. The inforn of the policy. Nc, ,77^ P. ,".ill Operations All Operations All Operations Ralph's i`harket*2 2726 Los Angeles Ave. Simi Vallmy, CA 93065 Job;�,lut4010 The Plaza a`. Silver lhawk 29910 Wi7cnester Raad Murrieta Hot Springs PAGE P-_ Districts Ccawheila & Palm Desert Facilities All Operations as the policy to it is attached and !s :Jf'reCCIVa on the dale issued 'unless GG'1eM "5;• below is required only when this endorsement is Issuad suhsequent to preparation Endorsement ErFective 9u'y 2 °, 20G3 r insurad In:ernationel P Ivement Solutions, inc. Countersigned °y WC 04 03 06 X04 84) Policy Pt-. 03G V,'D 40''J57 Endarsenenl No. 19 Ct. DTr�m /C3 Beall Financial $ ins. SufYiz = -s. Ir_ JUN -10 -2004 THU 04:13 ?N FAX N0. P. 01 ®® Fax 9: CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: o ,c> / Dept. /Contact Received From: 5- Date Completed: `0 Sent to: 5&1 AL ,✓\ G By: Company /Person required to have certificate: T- o-((_r1 a 4i (McL-Q I. GENERAL LIABILITY / A. INSURANCE COMPANY: LQ P T B. AM BEST RATING (A: VII or greater): 74t C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes WNo D. LIMITS (Must be $1 M or greater): What is limit provided? 0�1 yv_� " E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? [Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes K-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: yYL¢r/i C-J-,,\ /a C S i�D . B. AM BEST RATING (A: VII or greater): N V C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? �,4es No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? rn I E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? 9fYes ❑ No F. PRIMARY & NON- CONTRIBUTORY WORDING (For Waste Haulers only): / Is it included? ' r l � ❑ Yes []No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION A_ INSURANCE COMPANY: 1 B. AM BEST RATING (A: VII or greater): C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? / r ❑ Ye"s� VNo IF NO, WHICH ITEMS NEED TO BE COMPLETED? - 1-1"1 S . �, o(7t Q (J m i � Oyler, Shauna From: Farley, Lauren Sent: Friday, June 11, 2004 9:09 AM To: Oyler, Shauna Subject: RE: Landmark American Insurance yes - - - -- Original Message---- - From: Oyler, Shauna Sent: Friday, June 11, 2004 9:08 AM To: Farley, Lauren Subject: Landmark American Insurance The above company is not California admitted but their rating is AX. May we accept International Pavement's insurance documents for the City's sidewalk replacement project? I Company Profile Pagel of 2 AJR ca'"mi Company Profile 'ns nCe SAFECO INSURANCE COMPANY OF AMERICA STATE FILINGS C -2 SAFECO PLAZA SEATTLE, WA 98185 800 - 332 -3226 Former Names for Company Old Name: SELECTIVE AUTO & F INS CO AMER Effective Date: 11 -02 -1953 Agent for Service of Process DAWN JEWORSKI, 120 VANTIS SUITE 130 ALISO VIEJO, CA 92656 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 24740 NAIC Group #: 0163 California Company ID #: 1442 -3 Date authorized in California: October 07, 1953 License Status: UNLIMITED- NORMAL Company Type: Property & Casualty State of Domicile: WASHINGTON Dines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT FIRE http: / /cdinswww. insurance. ca.gov /pls /wu co _prof/idb_co _prof utl.get_co _proDp_EID =... 06/10/2004 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL 2003 -2004 SIDEWALK REPLACEMENT PROGRAM PHASE 2 CONTRACT NO. 3693 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. 3693 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 1. Lump Sum Mobilization Dollars and iw Cents $ X500,00 Per Lump Sum 2. Lump Sum Traffic Control @ 1 4, -�Q `Dollars and n o Cents $ 3500..00 Per Lump Sum 3. 15,350 S.F. Remove and Construct 4" Thick P.C.C. Sidewalk _Dollars and Cents $ $ Per Square Foot _ _ 5.8a g4, 33�. 00 0 • PR2of2 ITEM QUANTITY AND UNIT ITEM DESCRIPTION AND UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 4. 20 Each Root Prune Tree @ �r� Dollars F and `?w Cents $ 59.00 $ //80.00 Per Each 5. 150 Each Root Removal and Trimming @ Dollars and `7w Cents $ 40.00 $ 13,500.00 Per Each Lump Sum Survey @��^� Dollars and �ryw Cents $ C9000 -0U Per Lump Sum 7. Lump Sum Restoration of Public and Private Improvements @ln�,,a olvw Dollars and -IL-0 Cents Per Lump Sum TOTAL PRICE IN WRITTEN WORDS and %6 ,Cents MAY / 0, 02.00 � - Date qa9- 7VV -a1o1 44Y 9o9- 7gV -6W16 Bidder's Telephone and Fax Numbers 1,29 a.2, 6 4 E 3 Bidder's License No(s). and Classification(s) ars $ / / ,Y, 8a7.6 0 Total Price (Figures) 17(IlEl1iVRTroNA[- eNr.SO[una�s �. Biddersn C!2.�_ G Bidder's Authorized nature and Title Po,opy oY5e, 00 Bidder's Address 9ava3 -OV5P 0 0 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS 2003 -04 SIDEWALK REPLACEMENT PROGRAM, PHASE 2 CONTRACT NO. 3693 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 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 3 3 3 3 3 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 -8.8 Steel Plates 5 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 6 7 -10 PUBLIC CONVENIENCE AND SAFETY 6 7 -10.1 Traffic and Access 6 7 -10.2 Storage of Equipment and Materials in Public Streets 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 7 7 -10.6 Street Sweeping Signs 7 7 -10.7 Notice to Residents and Temp Parking Permits 7 7 -15 CONTRACTOR LICENSES 8 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 8 SECTION 9 MEASUREMENT AND PAYMENT 8 9 -3 PAYMENT 8 9 -3.1 General 8 9 -3.2 Partial and Final Payment 9 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 10 201 -1 PORTLAND CEMENT CONCRETE 10 201 -1.1.2 Concrete Specified by Class 10 201 -1.6 Matching Concrete 10 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 10 300 -1 CLEARING AND GRUBBING 10 300 -1.3 Removal and Disposal of Materials 10 300 -1.3.1 General 10 300 -1.3.2 Requirements 10 300 -1.5 Solid Waste Diversion 10 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 11 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 11 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 11 303 -5.1.1 General 11 303 -5.5 Finishing 11 303 -5.5.2 Curb 11 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 12 308 -1 GENERAL 12 Appendix 1 Project Work Schedule CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS 2003 -2004 SIDEWALK REPLACEMENT PROGRAM PHASE ; SP 1 OF 13 CONTRACT NO. 3693 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Work Schedule; (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section, 'The work necessary for the completion of this contract consists of removing existing sidewalk, root removal /trimming and constructing new PCC sidewalk, per City standards 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. 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." E • SP2OF13 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall have the affected survey monuments restored per records, at his expense. The Contractor's Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor." SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. SP3OF13 The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust to finish grade City - owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. For adjustment of Southern California Edison, The Gas Company, 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. SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed." No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. 11 0 SP4OF13 The Contractor shall only remove and replace improvements on one side of a street at a time in order to minimize parking loss and access for residents. The Contractor shall not begin work on the remaining side of the street until all improvements have cured and been opened for use on the other side. The Contractor shall maintain sufficient workers on site each day in order to effectively prosecute the work. The Contractor shall submit a "Location of Work to be Performed ", for approval by City, indicating when construction on a site will begin and be completed. The contractor shall also phase construction so that no more than 25% of the sites indicated in the work schedule are under construction at one time. " 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within thirty consecutive working days after the date on the Notice to Proceed. " It shall be the Contractor's responsibility to ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1SY the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4`h, the first Monday in September (Labor Day), November 11 th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24`h, (Christmas Eve — half day), December 251h (Christmas), and December 31" (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, his 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 only be for 4:30 P.M. to 6:30 P.M. on weekdays or 8:00 A.M. to 6 P.M. on Saturday. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $60.00 per hour when such time periods are approved. • • SP5OF13 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 water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin or the bay." 7 -8.6.1 Best Management Practices and Monitoring Program. The contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance, failure of the contractor to follow BMP will result in immediate cleanup by City Forces and the back charging of the contractor for all costs plus 15 percent. 7 -8.8 Steel Plates. The City can provide a limited quantity of steel plates. These plates may be obtained for a rental charge of $15.00 per plate per week or part thereof. In addition the Contractor shall deposit $100 for the use of the City's lifting eye fitting and for the use of trench plates. The Contractor shall obtain plates from and return • • SP 6 OF 13 plates to the City's Utilities Yard at 949 West 16th Street. To determine the number of plates available and to reserve the plates, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (949) 718 -3402. 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. Replace the first sentence of the second paragraph with, "The Contractor shall repair, restore, or reconstruct all existing public and private improvements disturbed or damaged by the work which are not designated for removal. Such restoration work may include, but not be limited to: turf, plants and planters, shrubs, trees, irrigation components, electrical components, fences, brick and brick pavers, concrete, painting of various surfaces, omaments and other decorative items, property corner survey markings, etc." Replace the last sentence of the third paragraph with, "Lawns shall be repaired with sod identical to the existing type." Add to this section, "The Contractor is advised to photograph, videotape and keep records of the existing work site conditions prior to the start of any construction work." 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accord with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc. 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment shall not be stored in streets, roads, parkway or sidewalk areas at any timer. 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 conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), 2001 Edition. In addition the Contractor shall meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. All advanced warning sign installations shall be reflectorized and /or lighted. • • SP7OF13 3. 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. 4. Type II barricades shall be located at the beginning and end of each individual open sidewalk area from the time of removal until placement of backfill and final cure of the sidewalk." 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." 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division at (949) 644 -3717, for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall be City of Newport Beach "Temporary Tow -Away, No Parking" signs and provided by the Engineer. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.6 Street Sweeping Signs. After posting temporary "NO- PARKING -TOW AWAY" signs, the Contractor shall cover street sweeping signs, on those streets scheduled for work in a manner approved by the Engineer. Immediately after construction is complete and the street is opened to traffic, the Contractor shall promptly uncover the street sweeping sings and remove the temporary "NO PARKING - TOW AWAY" signs." 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to the adjacent residents, within 500 feet of the project, describing the project and indicating the limits of construction. The notice shall also clearly indicate specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, • SP8OF13 and approximately when construction will be complete. The Contractor shall insert the applicable dates and times at the time the notices are distributed. Forty -eight hours prior to the start of any construction, the Contractor shall distribute a second written notice to the adjacent residents. Any interruption of work at any location in excess of 14 calendar days shall require re- notification. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and submitted to the Engineer at the time each progress bill is submitted. Upon completion of the project, the Contractor shall provide "As- Built" corrections upon a copy of the Plans. The "As- Built' plans shall be submitted to the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: 0 • SP9OF13 Item No. 1 Mobilization: Work under this item shall include insurance and financing, establishing a field office, preparing construction schedule, and all other related work as required Documents. providing bonds, the SWPPP and by the Contract 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 providing the traffic control required by the project including, but not limited to, signs, cones, barricades, 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 Remove and Construct 4 -Inch Thick P.C.C. Sidewalk: Work under this item shall include sawcutting, removing and disposing of the existing sidewalk, subgrade compaction, constructing the 4 -inch thick P.C.C. sidewalk, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 4 Root Pruning. Work under this item shall include root pruning and disposal, backfilling with a native soil approved by the Engineer, and all other work required to complete the work in place. All 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. 5 Root Removal and Trimming. Work under this item shall include root removal and disposal, backfilling with a native soil approved by the Engineer, and all other work required to complete the work in place. All 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. 6 Survey: Work under this item shall include providing any and all surveying required to complete the work in place. Item No. 7 Restoration of Public and Private Improvements: Work under this item shall include repair, restoration, or reconstruction all existing public and private improvements disturbed or damaged by the work which are not designated for removal. Such restoration work may include, but not be limited to: turf, plants and planters, shrubs, trees, irrigation components, electrical components, fences, brick and brick pavers, concrete, painting of various surfaces, ornaments and other decorative items required to complete the work in place. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." • • SP 10 OF 13 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." 201 -1.6 Matching Concrete. Add to this section: "P.C.C. to be reconstructed must match characteristics of existing P.C.C. including color and pattern of control joints. 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. 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." And replace the words 1 '/2 inch" of the last sentence with the words "two (2) inches ". 300 -1.5 Solid Waste Diversion. Non- reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. E • SP 11 OF 13 The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 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: 1. "Driveway approaches shall be reconstructed and open for use within three calendar workdays after the commencement of driveway approach removal. 2. Driveway approaches shall be constructed one half at a time so that garage access is continuously maintained, unless signed agreement with the property owner can be obtained. 3. Curb access ramps, sidewalk, curb and gutter shall be reconstructed and open for use within five calendar workdays after the commencement of their removal. 4. All curb and gutter shall be constructed on top of 10 inches of 95 percent relative compacted subgrade. 5. Reconstructed sidewalks shall be opened to public use on the day following concrete placement. 6. All forms shall be removed, irrigations systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. 7. All damaged private improvements shall be repaired in -kind to the satisfaction of the respective owner within 72 hours of reconstructed work. 8. P.C.C. work subjected to vehicle loads such as driveways and gutters shall not be opened to traffic until the concrete has been sufficiently cured. The Contractor shall detour traffic around such work until the work is ready for public use." 303 -5.5 Finishing 303 -5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718 - 3402." • SP 12 OF 13 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 interfere with the work. The bulk of the tree roots have been previously pruned with root barriers installed and require only removal in those areas where the uplifted sidewalk must be replaced. The remaining locations will require hand pruning due to the proximity of utilities. Any sites with an existing root barrier intact and any evidence of prior root pruning shall remain undisturbed without damage to the existing barrier. If the site requires grading or digging near the existing barrier, the barrier must be replaced with a barrier approved by the Engineer. The Contractor shall submit recommendations by its arborist to the City for review for safely pruning and removing tree roots. No roots shall be pruned of removed unless this submittal is returned to the Contractor as satisfactory. Prior to the submittal, the Contractor shall arrange to meet with the City's Urban Forester, Mr. John Conway ((949) 644 -3083) at the site to discuss City standards and requirements. The submittal shall adhere to the following guidelines. 1. Root Pruning a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. b. Roots shall be cleanly severed using hand pruning machine, or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root - cutting machine shall be made. b. The cut shall be a minimum of 12" 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 the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an acceptable root pruning - machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. • • SP 13 OF 13 d. Roots greater than two inches in diameter that must be removed, must be pre- approved by the City's Urban Forester. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree." F: \USERS \PBW\Shared \Contracts \FY 03- 04 \03 -04 Sidewalk Replacement Phase 2 C- 3693 \SPECS C- 3693.doc (ssr) 0 E APPENDIX 1 \07718 "111 R° .w�e•,4 -- \ r;Rld J�1 (I(� .-- A�6f• BIPA Sr V!StA i L SOL ` J 0 is PL. PL cfR I/ II T 09E r 'Ur Pc 1l1!L I pR. \Q\ 1n5TA� n rpnr •. wmvaURNE !a DR- 9. res.4a4 VA AL (CANTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2003 -04 SIDEWALK REPLACEMENT PROJECT; PHASE 2 C -3693 DRAWN -L J L DATE 0 APPROVED LOCATION MAP 1111 N�a_5� =� ° Y '•,:.. 11111\ 1SNIRE1,h it pll I 11 1 I 1�[GQ a ;r ';a /_.. i 1 4�1 ,•.f�r ^. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2003 -04 SIDEWALK REPLACEMENT PROJECT; PHASE 2 C -3693 DRAWN -L J L DATE 0 APPROVED LOCATION MAP • 2003.04 SIDEWALK ROLACEMENT PROGRAM, PHASE NO. LOCATION STREET NAME& NO. Sidewalk Root Prunin Root Triming Notes Sg. Ft. and Removal 2245 Aralia St. on Alba St. 64 1 2233 Aralia St. 100 2221 Aralia St. 96 1 2201 Aralia St. 132 1 2137 Aralia St. 108 1 2115 Aralia St. 180 2 2101 Aralia St 100 1 Utilities in location 2108 Aralia St. 80 1 Planters 2126 Aralia St. 76 2236 Aralia St. 120 1 1 SBC lines 2242 Aralia St. 64 1 Planters 2312 Aralia St. 64 1 2344 Aralia St. 48 1 2333 Aralia St. 164 1 1 Concrete & CTV lines 2327 Aralia St 168 2 Bricks & Concrete 2301 Aralia St. on Alba St. 64 1 2333 Arbutus St. 56 1 2321 Arbutus St. 64 1 2307 Arbutus St. 60 1 2227 Arbutus St. 68 1 2226 Arbutus St. 68 1 2207 Arbutus St. 48 1 2101 Arbutus St. 20 1 2108 Arbutus St. 160 2 2115 Arbutus St. 40 1 2306 Arbutus St. 80 1 2324 Arbutus St. 80 1 1 Utilities in location 901 Almond PI. 76 1 909 Almond PI. 92 1 916 Almond PI. 64 1 Planters 908 Almond PI. 32 1 900 Almond PI. 80 907 Alder PI. 68 1 915 Alder PI. 92 2 921 Alder PI. 64 927 Alder PI. 88 900 Alder PI. 40 807 Allepo St. 32 915 Allepo St. 180 2 2633 Bamboo St. 64 1 Bricks in parkway 2627 Bamboo St. 64 1 2621 Bamboo St. 100 1 2615 Bamboo St. 64 1 2455 Bamboo St. 16 2449 Bamboo St. 64 1 2437 Bamboo St. 108 2425 Bamboo St. 64 Page 1 It a l I Page 2 LOCATION I Sidewalk Root Root Trimin Notes NO. STREET NAME& NO. S . Ft. Pruning nd Removal 907 Bellis St. 128 2 915 Bellis St. 40 1 906 Bellis St. 40 AF 821 Bellis St. 160 3 AF 732 Bison Ave. 40 AF 806 Bison Ave. 64 1 E/B Bison from Alta Vista to Jamboree Rd. # 1 32 #2 80 1 # 3 42 1 #4 80 1 W/B Bison from Jamboree BI To Alta Vista Dr. # 1 64 1 # 2 64 1 # 3 80 1#4 40 732 Bison Ave. 24 720 Bison Ave. 64 2 700 Bison Ave. 100 1 2645 Bunya St. 64 2633 Bunya St. 16 2621 Bunya St, 64 2527 Bunya St. 120 4 2521 Bunya St. 64 1 2447 Bunya St. 32 2427 Bunya St. 64 2415 Bunya St. 140 2407 Bunya St. 240 2 2639 Blackthorn St. 120 1 2633 Blackthorn St. 16 2601 Blackthorn St. 80 1 2527 Blackthorn St. 140 1 Utilities at location 2521 Blackthorn St. 24 2627 Buckeye St. 44 1 2604 Basswood St. 160 2 Planters 2664 Basswood St. 64 1 2678 Basswood St. 200 1 1 2682 Basswood St. 300 1 1 AF 2678 Basswood St. 40 1 2661 Basswood St. 80 2641 Basswood St. 140 1 2963 Catalpa St. 140 2 2901 Catalpa St on Cacao St. 180 1 2851 Catalpa St. 360 2 2827 Catalpa St. 64 Page 2 Page 3 LOCATION Sidewalk Root Root Triminq Notes NO. STREET NAMES. NO. S A- Ft. Pruning and Removal 2821 Catalpa St. 80 1 2815 Catalpa St. 80 1 2810 Catalpa St. 104 1 2818 Catalpa St. 80 1 2834 Catalpa St. 80 1 2900 Catalpa St. 80 AF 2963 Catalpa St. 94 1 2951 Cassia St. 80 1 2915 Cassia St. 240 2 2907 Cassia St. 80 1 2845 Cassia St. 120 1 2827 Cassia St. 80 1 2815 Cassia St. 120 1 2807 Cassia St. 40 1 2801 Cassia St. 160 2 2806 Carob St. 80 1 2818 Carob St 40 2918 Carob St. 64 1 AF 3001 Carob St. 120 1 AF 3021 Carob St. 48 807 Ceiba PI. 60 1 812 Ceiba St. 64 1 3061 Carob St. 160 3 3045 Carob St. 64 1 3001 Carob St. 44 2907 Carob St. 164 2 2815 Carob St. 70 1 2807 Carob St. 120 1 2801 Carob St. 200 1 AF 707 Camphor St. 100 3 AF 2801 Catalpa St. 64 1 2126 Aralia St. on Alta Vista Dr, 120 1 2108 Arbutus St. 180 2 2108 Arbutus on Alta Vista Dr. 120 1 Concrete in Parkway 2220 Alta Vista Dr. 80 1 AF 2301 Alta Vista Dr. 90 1 AF 2307 Alta Vista Dr. 60 1 AF 2401 Alta Vista Dr. 200 2 AF 2521 Alta Vista Dr. 128 2 AF 2647 Alta Vista Dr. 300 3 921 Citrus Pl. 130 1 Utilities at location 908 Chestnut Pl. 64 1 Page 3 TOTAL 15336 20 150 Page 4 LOCATION Sidewalk Root RootTCiminq Notes NO. STREET NAME& NO. S . Ft. 1. ftwninA I and Removal AF 2737 Alta Vista Dr. 80 1 AF 2743 Alta Vista Dr. 160 2 901 Cercis PI. 120 2 AF 2807 Alta Vista Dr. 120 1 AF 2815 Alta Vista Dr. 80 1 AF 2821 Alta Vista Dr. 120 1 907 Celtis Pl. 140 2 908 Celtis PI. 100 2 900 Celtis PL. 40 1 2848 Alta Vista Dr. 120 1 2860 Alta Vista Dr. 84 1 2930 Alta Vista Dr. 80 1 2936 Alta Vista Dr. 80 1 2942 Alta Vista Dr. 160 2 AF 2924 Alta Vista Dr. 64 1 2857 Alta Vista Dr. 64 1 2845 Alta Vista Dr. 64 1 2731 Alta Vista Dr. 80 1 2635 Alta Vista Dr. 64 1 Utilities in location 2401 Alta Vista Dr. 120 3 2327 Alta Vista Dr. 64 1 2315 Alta Vista Dr. 160 1 2301 Alta Vista Dr. 130 2 2227 Alta Vista Dr. 140 2 221 Alta Vista Dr. 64 1 1177 Camelback St.(n /w corner by Bison) 260 1 Utilities in location 1000 Bison Ave.(n /e corner by Jamboree) 204 TOTAL 15336 20 150 Page 4 TO: • • 0- -2) e`13 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 9 Date May 25, 2004 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen Luy 949 - 644 -3311 sluy@city.newport-beach.ca.us SUBJECT: SIDEWALK REPLACEMENT PROJECT (FY2003 -04), OF CONTRACT NO. 3693 RECOMMENDATIONS: 1. Approve the plans and specifications. :I�9 "Ilyi %lip 2. Award Contract No. C -3693 to International Pavement Solutions Inc. for the total bid price of $118,827.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $11,137.00 to cover the cost of unforeseen work. DISCUSSION: At 11:00 A.M. on May 12, 2002 the City Clerk opened and read the following bids for this project: BIDDER Low Damon Construction Co. 2 International Pavement Solutions Inc. 3 Nobest Incorporated TOTAL BID AMOUNT "`$113,925.00 $118,827.00 $128,005.00 Corrected Bid Amount is $124,925.00 Upon further examination of the bids, it was found that Damon Construction had made an error in their bid (corrected to $124,925) and that International Pavement Solutions' bid ($118,827) would be the lowest bid. The low total bid amount is 3 percent above the Engineer's Estimate of $115,000.00. The low bidder, International Pavement Solutions Inc. possesses a California State Contractors License Classification "A" as required by the Subject: Sidewalk ReplacemoProject (FY2003 -04), Phase 2 - Award of Contrect No. 3693 May 25, 2004 Page: 2 project specifications. A check of the Contractor's references indicates they have satisfactorily completed similar projects for other municipalities. This project involves a second phase of sidewalk removal, root removal /trimming, and the construction of new PCC sidewalk per City Standards and other incidental items of work. Per the Contract Specifications the Contractor will have thirty 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. Funding Availability: There are sufficient funds available in the following account(s) for the project: Account Description Sidewalk Replacement Maintenance Account Maintenance Account Tota I Prepared by: Stephel uy il Associate Civil Engineer Attachments: Project Location Map Bid Summary Account Number 7013- C5100020 3130 -8080 3130 -8239 Amount $24,170.00 $55,830.00 $50,000.00 $130,000.00 Submitted by: St�he ; :13adum Public'Works Director i, 7718 • " BIXIA 61' ViSrA SOL Z z.� F \HFo 1` OW coNRcSIC �! OR. R9/ �B, 1045A DA PL. PL. , PL 0 \ o r------� tj o, 11 � �9eccq 11 rF42. S .A.`.t_, No FARO fey' ✓ r C -3693 I CITY OF NEWPORT BEACH DRAWN --L (J L DATE `1- 0 PUBLIC WORKS DEPARTMENT APPROVED 2003 -04 SIDEWALK REPLACEMENT -Lf PROJECT; PHASE 2 LOCATION MAP U 4 W W F' O IL w Z U. O F- U F- Z W 2 F- N LL Q a w 0 Y O V J co M IL e S N _a 0 10 r o Q O m w _ � w � o U � N n V Y �c U � � N W U ? U U Z W T O r J Q � N U L O a m J � m } (D d L a s A 3 v 9 N O O N M 0 O N J r r O T O j O � O y O L N p D r r W F Q r Lu W (n Q W Z U) ur W U W W Z 00 Z Of W a 0 0 m N a