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HomeMy WebLinkAboutC-3427 - 2001-2002 Sidewalk, Curb and Gutter ReplacementFebruary 26, 2003 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC C.J. Construction, Inc. y,I Rkkc vJw" ry 13600 Imperial 'glawra #5 Santa--e Springs, CA 90670 ilk RAI "e. Wh�lh� Cpr goovb Subject: 2001 -2002 Sidewalk, Curb and Gutter Replacement (C -3427) To Whom It May Concern: On February 26, 2002, 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 April 15, 2002. The Surety for the contract is Peerless Insurance Company, and the bond number is PC011130520. Enclosed is the Faithful Performance Bond. Sincerely, � O M, #aa LaVonne M. Harkless, CMC City Clerk LMH:Iib cc: Public Works Department Fong Tse, Project Manager enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us PAGE 16 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2001 -2002 SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3427 BOND NO. PCO11130520 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $'Two 'THOUSAND, TWO HUNDRED AND SEVEN DOLLARS. being at the rate of $ 1.887 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Name of Contractor, hereinafter designated as the "Principal ", a contract for construction of 2001 -2002 SIDEWALK, CURB AND GUTTER REPLACEMENT, Contract No. 3427 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. 3427 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and PEERLESS INSURANCE COMPANY , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of one hundred seventeen thousand, two hundred sixty -two and 501100 Dollars ($117,262.50) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly (seep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 0 9 PAGE 17 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 7TH day of SEPTEMBER , 2001. C.J. CONSTRUCTION, INC. Name of Contractor (Principal) PEERLESS INSURANCE COMPANY Name of Surety 2900 ADAMS STREET, #C130 Address of Surety RIVERSIDE, CA 92504 909 - 279 -6533 Telephone ad Signature/Title tdent- N Authorized Agent Signature TAMARA J. PONTI ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of 4zk l County of before me, DATE personally appeared ❑ personally known to me - OR - ❑ TERRI L CESNl Notary Public, State or Texas „�� My Commission Expires May 26, 2003 OFFICER - E.O,'JANC DOE NOTARY PVRUC' NAMEISI OF SIGNERISI ad7o me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed 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, Da u. v,-( ��I/�� SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prover+ fraudulent reanachment of this form. CAPACITY CLAIMED. BY.SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER($) TRLEISI ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(ICS) BD -4100 3J94 DESCRIPTION OF ATTACHED DOCUMENT" TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE �V 0 :ERLESS INSURANCE COMPAQ THE NETHERLANDS INSURANCE COMPANY 62 MAPLE AVENUE KEENE, NEW HAMPSHIRE, 03431 POWER OF ATTORNEY BOND # PC011130320 KNOW ALL MEN BY 17UM PRESENTS: That Peerless Insurance Company and/or The Netherlands Insurance Company, each being s New Hampshhire Corporation having its principal office in the City of Keene, County of Cheshire, State of New Hampshire dodoes hereby make, constitute and appoint: Taman J. Pond Of Corona in the State of Ca their /its true and lawful attorrey(s }io-faxx, with full power and authority hereby contested in them /its came, place and stead, to sign, execute, acknowledge and deliver in thev/its banally and as then /its act and decd, without power of reddegati m. as follows: Not To Exceed $117,262,50 and to bind the Compaoy(ies) making this appointment thereby as fully and to the same extad as if such bond or undertaking was signed by the duly authorized officers ofthe compaty(im), and all the ads of said Womey(s), pursuant to the authority herein given are hereby ratifted and confirmed. AUTHORITY FOR MAKNG APPOINTMENT OF ATTORNEYS•IN -FACT Section 7 *(Article 3 of Bylaws of Peerless Insurance Company, as amended May 30, 1997, states: "The President of the Company may appoint and remove Attomeys -m -Fact and msigo m them nod revoke as appropriate such duties, powers and authority as may be advantageous to the Company including the execution and attestation of bouds,rmdatzki igs, tecogarzanem, contracts of indemnity, and all other writings obligatory in the nature d=wfand such docummns on behalf of the Company with power to redehegate such authority. " Seetior 9 of Article 5 of Bylaws of The Netherton& lasumaa Company, as amended May 30, 1997 and June 16, 1997, states: "'she President of the Company may appoint and remove Attorneys -in- Fact, and assign to them and revoke as appropriate such duties, powers mad authority as may be advantageous to the Company including the execution and attestation of bonds, undertakings, rcoognhances, contracts of indemnity, and all ether writings obligatory in the nature thereof and such documents on beha0'of the Company with power to redelegate such mabority." USE OF FACSIMILE SIGNATURES Use of facsimile signatures by Peerless Insurance Company is made pursuant to Resolution of the Board of Directors of Peerless Insurance Company, dated April 28, 1988. Use of facsimile signatures by The Netherlands Insurance Company is made pursuant to Resolution of rte Board of Directors of The Ncibcdands insurance Company, dated April 28, 1988. COMPANY MAKING APPOINTMENT The canpaoy making this appointment is identified by an "X" in the box opposite its name in the space provided below. It is the intent of Peerless Insurance Company and The Netherlands Insurance Company to use this instrument for the appointment of Attoney(s )-in -Fad for either Company designated, or for both Companics, if so indicated. In Witness Whereof .X. PEERLESS INSURANCE COMPANY THE NETHERLANDS INSURANCE COMPANY has/have caused these presents to be Signed by its President, and its Corporate Seal to be hereto affixed by its Secretary, this lot day of December 2000 . PEERLESS INSURANCE COMPANY THE NETHERLANDS INSURANCE COMPANY BY: J 9 By: ,:fit ss Iesident ttpl : President =, [070 Attest: %! """y""• +• Attest (! Secretary Secretary STATE OF NEW HAMPSHIRE COUNTY OF CHESIRE The foregoing instrument was acknowledged befoe me this lit day of December 2000 , by Michael R. Christiansen President of Peerless hfsasatce Company, andof The Ndhetlardis Insusaam Company and Jane F. Taylor, Semilay of Peerless lu muncce Company and The Nclhei6ar6a lasurmce Company, New Hampshirc Corporations, on behalf of the coportmous. Notary Public 1, Jane F. Taylor, Secretary of Peerless insurance Company and The Netherhands Insurance Company do hereby certify that the above and foregoing is a true and correct copy of Power of Attorney exuutW by the Company(ies) dtsignaed above which is still in force and effect. In witness whereof, I bave hereunto set my hand and affixed the Seals) of the Cavpany(ics), at Keemq New Hampshire, this 7th day of Seatember 2001 21 978 i>bt VV Jane F. Taylor E + - $CCleiay q 4 �•*• +' OBLIGEE: CITY OF NEWPORT BEACH nAlrlrr TVnn, nl• 4111 DCOr 411n\nAv My mm1m1[v -Pm DOZ.,: hLnh 1a. 2003 CALIFORNIA 0. ALL t jRPOSE ACKNOWLEDGMENT S 1';\ hF. OF CALIFORNIA S.S. COUN'T'Y OF LOS ANGELES Oil c1 -10 -OI before me, Sandra F Schott Notary Public, PC[ sonally appeared -' - — �o� V - -- - 0.Y r' °. - - -- - -_ --- ---- V� personally known to me; _-- ___ -__ or proved to me on the basis of satisfactory evidence to be the person(a) whose name -fs) isl a+e-subscribed to the within instrument and acknowledged to me that he /slielshey executed the same in his/11-0=tkeir authorized capacity(, and that by his /he Ah ir- signature(- on the instrument the persou�i , or the entity upon behalf of which fhe person(-s) acted, executed the instrument. WtTi JESS my hand and official seal. (SEAL) 9 SANDRA E SCHOTT Commission # 1195332 Notary Pubric - CcMforrft Los Angeles County My Comm.6(prm5ep34212 n re of Notary Public CAPACITY CLAIMED BY SIGNER: 'I hough statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. lndieidual(s) Corporate Ofticer(�) Prgld -er1-t� and titles Partner(s) Attorney -in -Fact Trustee(s) G uardian/C onservator Osh3r. Signer is representing: and Limited I General ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. Title of type of document: nd5 - L uF� O F t lUt��oY f` euCL� Number of pages: Date of document: Signers) other than named above: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE. April 15, 2002 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 C.J. Construction, Inc. 13600 Imperial Highway, #5 Santa Fe Springs, CA 90670 Subject: 2001 -2002 Sidewalk, Curb and Gutter Replacement (C- 3427) To Whom It May Concern: On February 26, 2002, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on March 14, 2002, Reference No. 20020212888. The Surety for the contract is Peerless Insurance Company, and the bond number is PC011130520. Enclosed is the Labor & Materials Payment Bond. Sincerely, 6 4 UBY� /1), /�� LaVonne M. Harkless, CMC /AAE City Clerk LMH:lib cc: Public Works Department Fong Tse, Project Manager encl. 3300 Newport Boulevard, Newport Beach 9 PAGE 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2001 -2002 SIDEWALK. CURB AND GUTTER REPLACEMENT CONTRACT NO. 3427 BOND NO.PCoi1130520 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Name of Contractor, hereinafter designated as the "Principal," a contract for construction of 2001 -2002 SIDEWALK, CURB AND GUTTER REPLACEMENT, Contract No. 3427 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. 3427 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, PEERLESS INSURANCE COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of one hundred seventeen thousand, two hundred sixty -two and 50/100 Dollars ($117,262.50) 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 severalty, 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 tabor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. PAGE 15 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 7TH day of SEPTEMBER , 2001. C.J. CONSTRUCTION, INC. Name of Contractor (Principal) PEERLESS INSURANCE COMPANY Name of Surety 2900 ADAMS STREET, #C130 Address of Surety RIVERSIDE, CA 92504 909 - 279 -6533 Telephone Autho zed Signature/Title I&)14- Cl,4LWACl , Ci1? t Authorized Aqqent Signature TAMARA J. PONTI TAMARA J. PONTI ATTORNEY- IN -FAC`i Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 0 CALIFORNIA 0 ALL .} JRPOSE ACKNOWLEDGMENT S 1: fF OF CAl.1FORNIA COUN't S OF LOS ANGELrS t1n __., _ 4,10 -01 before me, Sandra S Schott. Notary Public, person;tll appeared Jp1 ri ,Sq t• rs o ------ _L< personally known to me; or pro%ed to me on the basis of satisfactory evidence to be the person(e) whose name -(s) is: ux-subscribed to the within instrument and acknowledged to me that he /shefhey executed the same in his, hirdreir authorized capacity(acaLs), and that by his /herA4ieit- signatures) on the instrument the personk,tH, or the entity upon behalf of which the person(a') acted, executed the instrument. W[TNESS my hand and official seal. (SEAL) SANDRA E SCHOTr Commission # 1195332 Notory Pubk - ccatomia Los Angeles county My Carton. C�IteS Sop 30. 7tp2 Sisr ure of Notary Public CAPACITY CLAIMED BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. IndiRidUal(s) Corporate Officer-Qv) P��S /d-en� and / /cl,n Titles and Partner(s) Limited I General Attorney -in -Fact Trustees) Guardian]Conservator " Othar: Signer is representing: ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent aunchment of this certificate to unauthorized document. Title of type of document: I r�Ai �i07t d5 — l �M pf n2w��Yf 8 �U Number of pages: Date of document: Signerts) other than named above: :�614-Gi Po-21� THIS C'ER'TIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE. 0 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of ___JYnL0:'- Countyof� -- 0 _ ' —I t before me, OE _ GATE NAME. T1T� OFFICER .'JMIf OCE HOT�ARY PVeuG' personally appeared C L \r�cu/AO ❑ personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed 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 ETE.RRI L. CESNIK persons) acted, executed the instrument. ary Public, Sfate of Taxas My Commission Expires May 26, 2003 WITNESS my hand and official seal, a1GNAmme OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevetr. fraudulent reattachment of this form. CAPACITY CLAIMED SY.SIGNER ❑ INDIVICUAL ❑ CORPORATE OFFICER ❑ PARTNER($) Tmt(s) ❑ LIMITED ❑ GENERAt. ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME or FIRsomst OR CNRTYMS) eDAM oiaa DESCRIPTION OF ATTACHED OOCUMENV TITLE OR TYPE OF OOCUMENT NUMBER OF PAGES DATE OF OOCVMENT SIGNER(S) OTHER THAN NAMED A60VE ,i 0 6 3 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in Official Records, County of Orange Gary Granville, Clerk- Recorder Illlllllllllllllllllill' I' IIIIIIIIIIIIIIIIIIIIIIIIIiIIIIINO FEE 119 67 N12 0020212888 09:34am 03/14/02 0.00 0.00 0100 0.00 0.00 0.00 0.00 0.00 "Exempt rom 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 C.J. Construction, Inc. of Santa Fe, California, as Contractor, entered into a Contract on September 25, 2001. Said Contract set forth certain improvements, as follows: 2001 -2002 Sidewalk, Curb and Gutter Replacement, C -3427 Work on said Contract was completed on February 1. 2002, and was found to be acceptable on February 26, 2002, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Peerless Insurance Company. 1_ VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on x7.100 Z at Newport Beach, California. BY (J`O� /B7tmRi 6 City Clerk OF NI;* �M v _ate �^ N �... n �RNIw o, mC-) CC) Dm fV rn O+ C: M M 0 r' • February 26, 2002 CITY COUNCIL AGENDA ITEM NO. 6 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: 2001 -2002 SIDEWALK, CURB AND GUTTER REPLACEMENT, CONTRACT NO 3427 - COMPLETION AND ACCEPTANCE RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. FEB 2 6 2002 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 September 25, 2001, the City Council authorized the award of the 2001 -2002 Sidewalk, Curb and Gutter Replacement Project, to C.J. Construction of Santa Fe Springs, California. The contract provided the replacement of approximately 8,000 square feet of sidewalk, 1,300 linear feet of curb and gutter, 750 square feet of driveway approach, and root pruning of 104 trees within the Westcliff and Harbor Highlands neighborhoods. In addition, 1,300 linear feet of rolled curb and gutter were reconstructed on Lido Isle. 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: $117,262.50 Actual amount of bid items constructed: 114,622.30 Total amount of change orders: 0.00 Final contract cost: $114,622.30 The final overall construction cost was 2.25 percent under the original bid amount and no change orders were written for the project. C3$� SUBJECT: 2001 -2002 Sidewalk, Cod Gutter Replacement, Contract No. 3427 - Compe And Acceptance February 26, 2002 Page 2 Funds for the project were budgeted in the following account: Description Account No. Amount Sidewalk, Curb and Gutter Replacement 7013- C3130016 $114,622.30 The scheduled completion date was January 5, 2002. Due to revisions made to improve drainage, the completion date was extended to February 1, 2002. All work was completed by the revised completion date. Respectully submitted, -- ------ — -- PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director By: i w"' 74' R. Gunther, P.E. Construction Engineer CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915 until 11:00AM on the 28th day of August 2001, at which time such bids shall be opened and read for 2001 -2002 SIDEWALK, CURB AND GUTTER REPLACEMENT Title of Project Contract No. 3427 $125,000 Engineer's Estimate Approved k e Badum Works Director Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. O. Box 1768, Newport Beach, CA 92658 -8915. Contractor License Classification(s) required for this project: A For further information, call Fong Tse, Project Manager at (949) 644- 3340 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2001 -2002 SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3427 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................1 BIDDER'S BOND ............................................................................... ..............................3 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................4 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................5 NON - COLLUSION AFFIDAVIT .......................................................... ..............................6 NOTICE TO SUCCESSFUL BIDDER ............................................... ..............................7 CONTRACT...................................................................................... ..............................8 LABOR AND MATERIALS BOND .................................................... .............................14 FAITHFUL PERFORMANCE BOND ................................................ .............................16 PROPOSAL.................................................................................... ...........................PR -1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 • PAGE 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2001 -2002 SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3427 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. 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 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 E 0 PAGE 2 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 in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring-compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. Contractor's License No. & Classification _ _I ��44�_- iresiden`i� Author' ign ture/Title Z Date Utl /1f /LUU1 19: LJ tai JOLLLLUV II l:J �.U1V J1riUUllut\ y!.f w�. • • PAGE 3 7 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2001-2 SIDEWALK CURB AND GUTTER REPL At' -u -u- CONTRACT NO 3427 1909 -:1,■ 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 O}TEN PERCENT OF AMOUNT BID Dollars ($ 102 11 to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of 2001- 2002 SIDEWALK, CURB AND GUTTER REPLACEMENT, Contract No. 3427 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 duly enter into and execute the Contract Documents for the construction of the project in the form required within ten days (10) (not including Saturday, Sunday, and federal holidays) after the date of the mailing of Notice of Award; otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an Individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 22ND day of AUGUST 2001, J. CONSTRUCTION, INC. P ✓Sidi Name of Contractor (Principal) Au&ORAnaturaffltle PEERLESS INSURANCE COMPANY Name of Surety 49n aD'rt.`.S,�TREE1. #C130 Address of Surety RIVERSIDE, CA 92504 249- 279 -6533 Telephone Ja o2 a4 Authorized Agent Signature TAMARA J. PONTI ATTORNEY -IN -FACT _ Print Name and Title (Notary acknowledgment of Principal S Surety must be ,I"ached) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State 9 County of 717A Q jug On QL Ct aj ,22 , 34-�OI before me, OATS /\ 4JAME. TITU-St OFFICER, E.G. "JANC DOE NOTARY F SLIC" personally appeared ❑ personally known to me - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he/she /they executed 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 a'""T^ NIT L. CE person(s) acted, executed the instrument. Notary Public, Slate of Texas s,® My Commission Expires May 2s,2oos WITNESS my hand and official seal, SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevev; fraudulent reanachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) TTREIS) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR CNTM(IES) W-11333194 DESCRIPTION OF ATTACHED DOCUMENT" TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE RLESS INSURANCE COMP* o THE HERLANDS INSURANCE CO ANY 62 MAPLE AVENUE KEENE, NEW HAMPSHIRE, 03431 POWER OF ATTORNEY BOND # P89109000054 KNOW ALL MEN BY THESE PRESENTS: That Peerless Insurance Company and/or The Netherlands msurmce Company, each being a New Hampsi m Corporation having its principal office in the City of Keene, County of Cheshire, State of New Hampshire dodoes hereby make, constitute and appoint: Taman L Pont Of Cornea in the State of Ca therzfits true and lawful atorney(s) -m -fact, with full power and authority hereby contierred in their /its name, place and stead, o', ign, execute, acknowledge and deliver in then /its behalf and as the'r/its ad and deed without power of «delegation, as follows: Not To Exceed 512,500.00 and to bind the Company(ies) making this appointment thereby as filly and to the sane extent as if such bond or undertaking was signed by the duly authorized officers of the compa Ries), and all the acts of said aftomey(s), pursuant to the authority herein given, am hereby ratified and confirmed. AUTHORITY FOR MAKING APPOINTMENT OF ATTORNEYS -IN-FACT Section 7 of Article 3 of Bylaws of Peeress Insurance Company, as amended May 30, 1997, states: "The President of the Company may appoint and remove Attomeys in Fact and assign to them and revoke as appropriae such duties, povres and authority as may be advanageous to the Company including the execution and attestation of bonds, undertakings, recognizenoes, contracts of indemnity, and all other wrhings obligatory in the cause thereof and such documents on behalf Of the Company with power to redelegak such authority.- Section 9 of Article 5 of Bylaws of The Notheriands fre arance Company, as amended May 30, 1997 and June 16, 1997, states: "Tbe President of the Company may appoint and remove Attomeys -in- Fact, and assign to them and revoke as appropriae such duties, powers and authority as may be advantageous to the Company including the execution and attestation of bonds, undatakmgs, raropmances, contracts of indemnity, and all other writings obligatory in the new thereof and such documents on behalf of the Company with power to redelegate such authaity ." USE OF FACSIMILE SIGNATURES Use of facsimile signatures by Peerless Insurance Company is made pursuant to Resolution of the Board of Directors of Peak= Insurance Company, dated April 28, 1988. Use of facsimile signatures by The Netherlands Insunmoe Company is made pursuant to Resolution of the Board of Directors of The Netherlands Insurance Company, dated April 28, 1988. COMPANY MAKING APPOINTMENT The company making this appoimment a identified by an "X" in the box opposite its name in the space provided below, it is the intent of Peerless Insurance Company and The Netherlands Insurance Company to use this instrument for the appointment of Atomey(s )-in -Fact for either Company designated, or for both Companies, if so indicated Ice Witness Wbereof X _ PEERLESS INSURANCE COMPANY THE NETHERLANDS INSURANCE COMPANY hawbave caused these presents to be Signed by its President and its Corporate Seal to be baco affixed by its Secretary, this 1st day of December 1 2000 PEERLESS INSURANCE COMPANY THE NETHERLANDS INSURANCE COMPANY By' �'h'weFS7� B y : Presidekn 1101 S President ! tY70 r Attest: O S•w -+'f Attest: SerretahY Secretary STATE OF NEW HAMPSHIRE COUNTY OF CHESIRE The foregoing instrument was acknowledged before me this let day of December 200D , by Michael ft :CMistmsen Presidear of Pariess Insurance Company and of The Netherlands Insunu ce Company and Jane R Taylor, Secretary of Peerless Insurance Company and TheNctherlands _ Insurance Company, New Hampshire Corporations, on behalf of the corporations. - - Notary Public 1, Jane F. Taylor, Secretary ofPeerleas Insurance Company and The Netherlands msumnee Company do hereby certify that the above and foregoing is a time and correct copy of Power of Attorney executed by the Company(ies) designated above which ts suit m force and effect, In wines whereof I have hererao set my hand and affxod the Seals) of the Compmy(tes), at Keene, New Hampshire, this 22nd day of Amaaxt 2001 y slot V Jae F. Taylm O OBLIGEE: CITY OF NEWPORT BEACH "++✓✓w orwn•mvov. ArA warn non nnwm MY wmmu:ao aPao ♦o�Aar •oamAo Mom ut zm ALACALIFORNIA RPOSE ACKNOWLEDURIENT S"l A fF Of CALIFORNIA CIIUNTI' OF LOS ANGELES On personally appeared s.s. before me, Sandra E. Schott Notate Public, _ ------ _ ✓(ersonally known to me; or proved to me on the basis of satisfactory evidence to be the person(A) whose name -(S) isra+z subscribed to the within instrument and acknowledged to me that he /shekhey, executed the same in his,'Ixr ttteTr authorized capacity(iesj and that by leis /heh4heir signature(a) on the instrument the person(el, or the entity upon behalf of which the persopfs7acted, executed the instrument. WITNESS my hand and official seal. (SEAL) A13tj& SANDRAE CornmWon d 119532 tpn W Los Angsks COt111 �Y+:�mm. �S3awt% aOD2 r S ature of Notary Public CAPACITY CLAIMED BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. lndividual(s) —_ ,Garporate Officer(' and Titles and Paruter(s) Limited General Attorney -in -Fact ,1'rustee(s) Gllardiall/Conservator Other: Signer is representing: l ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. Title of type of document: Number of pages: Signer(s) other than named above: L/ Z� Date of document: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE. • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT • PAGE 4 2001 -2002 SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3427 DESIGNATION OF SUBCONTRACTORM) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. 1. 2. 3. 4. 5. 6. 7. 8. 9. Subcontract Work Subcontractor Address . 1 R-10011111111112 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2001 -2002 SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3427 TECHNICAL ABILITY AND EXPERIENCE REFERENCES PAGE 5 The undersigned submits herewith a statement of the work of similar character to that proposed herein which he /she has performed and successfully completed. Year Project Completed Name /Agency �).t WI)rt :..- Person Telephone To Contact Number 0 -CJ CONSTRUCTION, INC. 13600 Imperial Highway Suite 4 • Santa Fe Springs, CA 90670 • (562) 229 -0011 Curb, Gutter. Sidewalk Repair City of Riverside 3900 Main Street Riverside, CA 92522 (909) 826 -5947 Completed 11 -27 -00 Final contract price $431,033.14 with change orders, original contract price $374,659.00 2602/2618 Damaged parkway City of Norwalk 12700 Norwalk Blvd. Norwalk, CA 90650 (562) 929 -5719 Randy Hillman Completed 7 -5 -00 Final contract price $374,915.40 with change orders, original contract price $296.400.00 Installation & Repair Concrete ST- 9899 -1 City of Ontario 1425 S. Bon View Ave. Ontario, Ca 91761 -4406 (909) 391 -2507 ext. 6717 Dale Adcock Completed 2 -23 -99 Final contract price $ 359,732.50 with change orders original contract price $200,000.00 Sidewalks Various Locations R -6441 City of Long Beach 333 W. Ocean Blvd. 9th Floor Long Beach, Ca 90802 (562) 570 -5174 Frank Kazmar Completed 11 -06 -99 Final contract price $630,927.60, original contract price $594.60.00 Removal & Reconstruction POC Sidewalk City of Beverly Hills 455 N. Rexford Dr. Beverly Hills, Ca 90210 (310) 285 -2506 Rob Besste Completed 8 -9 -99 Final contract price $ 448,992.55 with change orders. original contract price $464,470.00 FAX (562) 229 -0052 0 9 724 -98 ResidentiaVArterial City of Cerritos 18125 Bloomfield Cerritos, CA 90703 (562) 407 -2652 Mary Ann Wozniak Completed 02 -22 -99 Final contract price $330,732.50 with change orders, original contract price $247,733.50 Repair sidewalks, curbs, gutters and drive approaches. curb ramps City of Ontario 1425 S Bon View Ave Ontario, Ca 91761 (909) 395 -2600 Dale Adcock In Progress Contract Price 940,000.00 C08044 Curb ramps LA County Public Works Dept. 900 S. Fremont Ave. Alhambra. CA 91803 (626) 458 -3122 Ray Green Completed 02 -04 -99 Final contract price $118,564.60, original contract price $125,735.40 Ramps Downtown Sidewalk Repair City of Riverside 3900 Main St Riverside, Ca 92522 (909) 826 -5561 Abe Massoud Completed 5 -15 -2001 Final contract price $78,365.68, orginal contract price $87,175.00 City of Santa Fe Springs 11710 Telegraph Rd Santa Fe Springs, CA 90670 Various projects (562) 868-0511 Casey Morales Insurance Agents Andreini & Co. 2737 Campus Dr. Irvine, Ca 92612 (949) 474 -0210 Southern American Insurance Agency 1101 California Ave Suite 100 Corona, Ca 92881 (909) 279 -6533 • • PAGE 6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2001 -2002 SIDEWALK, CURB AND GUTTER PAVEMENT REPLACEMENT CONTRACT NO. 3427 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County ofCArti PO ) \ -3 Y no being first duly sworn, deposes and says that he eFshe is -e5ide- n1— of C,S Co c,h 0 Iv4 the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State-,of California that the foregoing is true and correct. CJ"LonsiYtd 6 V\ l ric.r zz %�►'�S /CZ r�7� Bidder AuAuuthoned SignatureTtle Subscr ed and sworn, o before me this aS+''d %� ay of (1(ls � 12001. [SEAL] / otary Public My Commission Expires: •� t 1, t 30-02- 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT • PAGE 7 2001 -2002 SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3427 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 of receipt Notice of Award to the successful bidder: • CONTRACT • 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. 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 Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of receipt Notice 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. 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT • PAGE 8 2001 -2002 SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3427 CONTRACT THIS AGREEMENT, entered into this 11th day of September, 2001, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and C.J. Construction, Inc., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: 2001 -2002 SIDEWALK, CURB AND GUTTER REPLACEMENT Project Description 3427 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. 3427, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and fumish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. • • PAGE 9 C. COMPENSATION As full compensation for the performance and completion of the CA Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of one hundred seventeen thousand, two hundred sixty -two and 50/100 Dollars ($117,262.50). 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: Fong Tse (949) 644 -3340 CA. Construction, Inc. 13600 Imperial Highway #5 Santa Fe Springs, CA 90670 (562) 229 -0011 (562) 229 -0052 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 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 0 • PAGE 10 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 0001 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1173) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0001 0187 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. 0 • PAGE 11 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, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self - insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, 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, 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. 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. PAGE 12 6. Right to Stop Work for Non - Compliance City shall have the right to offer 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. 0 PAGE 13 J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 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. TY OF NEWPORT BEACH Municipal Corporation CITY CLERK APP D AS TO FORM: 61-7 ATTORNEY Mayor Garold B. Adams Contractor By: \ 5— AuthiYized Signature and Title DATE (MIAVIDIM ORD- A -C CERTIF1040F LIABILITY INS PRODUCER 10/10/20 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Andreini & Co License 0208825 2737 Campus Drive ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Irvine, CA 92612 COMPANIES AFFORDING COVERAGE 949-474-0210 FAX 949-474-0510 COMPANY A NAVIGATOR'S INSURANCE CO. INSURED COMPANY C.J. CONSTRUCTION, INC. B HUDSON INSURANCE CO. COMPANY 13600 IMPERIAL HWY, SUITE 5 C SANTA FE SPRINGS CA 90670 COMPANY D (REVISED) THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMEN7, 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTA TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE JAUkDONY) POLICY EXPIRATION DATE (MMIDDIM UMITS A GENERAL LIAIMUTY GLID6080 04/03/01 04/03/02 GENERAL AGGREGATE SLOW.= PRODUCTS COMP/OP AGO Slim,= COMMERCIAL GENERAL LIABILITY CLAIMS MADE lil OCCUR PERSONALS ADV INJURY S1,000.0w EACH OCCURRENCE ilAftooll- OWNERS & CONTRACTOR'S PROT FIRE DAMAGE (Any " fire) $ 50,000 X $1,000 DED MED E)P (Any one porw) $ Sim AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT $ BODILY INJURY (Per r") ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per ec I Q $ HIRED AUTOS NON-OWNED AUTOS PROPERTY DAMAGE 3 GARAGE LIABILITY AA370 ONLY - FA ACCIDENT 5 OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT I S AGGREGATE S EXCESS LIABILITY HFF0099 04/03/01 04/03/02 EACH OCCURRENCE itowow- AGGREGATE B UMBRELLA FORM �X OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND 13UWYERW LIABILITY EL EACH ACCIDENT EL DISEASE - POLICY LIMIT $ THE PROPRIETOR/ INCL PARTNERSR)ECUTrvE EL DISEASE - EA EMPLOYEE 3 OFFICERS ARE: EXCL OTHER I I I DESCRIPTION OF OPERATIONSfUDCAnONS'MICLESMPECIAL ITEMS CERTIFICATE HOLDER, ITS OFFICERS, OFFICIALS, EMPLOYEES VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED PER FORM CG2010 ATTACHED. RE: 2001-2002 SIDEWALK, CURB AND GUTTER REPLACEMENT, CONTRACT NO. 3427 *EXCEPT 10 DAYS FOR NONPAYMENT OF PREMIUM. 04OLU ANY Of THE ABOVE DESCRIBED POLICIES SE CANCELUM 21FORE THE CITY OF NEWPORT BEACH, ITS OFFICERS EXPIRATION CAM THEREOF, THE SPRING COMPANY WILL ENDEAVOR TO MAIL OFFICIALS, EMPLOYEES & VOLUNTEERS 30• DAYS WRITTEN H0110E TO THE CERTIFICATE Houmm NAMED To THE LEFT, 3300 NEWPORT BLVD. BUT FA" -10—WA SUCH NOTICE SUM IMPOSE NO OBLIGATION OR LIABILITY NEWPORT BEACH CA 92663 OF ANY (7KINO UPD`j� THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ATTN: SHAM - PUBLIC WORKS DEPT. AUTHOR= hitor"Arwl,// POLICY NUMBER:GLIOPA • NAMED INSURED: C.J. CWtruction EFFECTIVE: 04/03101 to 04/03/02 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of Newport Beach, its officers, officials, employees and volunteers. Job Description: 2001 -2002 Sidewalk, Curb and Gutter Replacement Contract No. 3427 (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. PRIMARY WORDING- AS REQUIRED BY CONTRACT This insurance is primary for 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. Other insurance afforded to the insured will apply as excess and not contribute as primary to the insurance afforded by this endorsement. Waiver of Subrogation included. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 sA R n CERTIFICAT F LIABILITY INSURA E 10.10 01 PRODUCER THIS CERTIFICATE IS-ISSUED AS A MATTER OF INFORMATION S013TIlERN AMERICAN INSURANCE 2900 ADAMS STREET, #C130 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ALTER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. RIVERSIDE, CA 92504 POLICY EFFECTIVE DATE (MMIDDNYI POLICY EXPIRATION DATE IMIWDD(YYl INSURERS AFFORDING COVERAGE INSURED C.J. CONSTRUCTION, INC. INSURER A: Q.B.E. INSURANCE CORPO_R_ATION J_ INSURER B: 13600 IMPERIAL HWY., Ifs _ INSURER C: J SANTA FE SPRINGS, CA 90670 INSURER 11 'J _J - - -- - -- _— I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILT Rt TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDNYI POLICY EXPIRATION DATE IMIWDD(YYl _ LIMITS GENERAL LIABILITY EACH OCCURRENCE $ FIRE DAMAGE IAny one fire) S COMMERCIAL GENERAL LIABILITY CLAIMS MADE ❑ OCCUR EXP IAny one peceon) $ _!LED PERSONAL K ADV INJURY GENERAL AGGREGATE _ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG POLICY PRO- LOC J A AUTOMOBILE LIABILITY ANY AUTO 0710004704 4/10/01 4/10/02 COMBINED M (E amlaenlsmGLE UR $1,000,00_0 BODILY INJURY (Per person) $ X ALL OWNED AUTOS SCHEDULED AUTOS X X HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per acdtleni) $ PROPERTY DAMAGE (Per amMm) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHERTHAN EA ACC $ ANY AUTO $ AUTO ONLY: AGO EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE 6_ $ DEDUCTIBLE _ _ $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATU- OTH- TOR E.L. EACH ACCIDENT__ $ E.L. DISEASE - EA EMPLOYE $ EL DISEASE - POLICY LIMIT $ OTHER F7 DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: PCH SIDEWALK FROM CAMEO SHORES TD. TO,EAST CITY LIMIT; #3148; CITY OF NEWPORT BEACH, ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSUREDS; COVERAGE IS CONSIDERED PRIMARY; *10 DAYS NOTICE OF CANCELLATION APPLIES FOR NONPAYMENT OF PREMIUM, CITY OF NEWPORT BEACH P.O. BOX 1768 NEWPORT BEACH, CA 92658 -8915 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILLZNOGAVER TO MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BU! ML Ae- ?e�el&VHALL • • c IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 1 25-S(7/97) b ( ;A• -i a r r 'a Ul ADDITIONAL INSURED — BUSDWS AUTO POLACY NUIsm- ENDOBSEIIBNT CMeANY: 1 0710004704 gpFscrm" 10 -10 -01 Q.B.E. INSURANCE CO. NAI'1D1 C.J. CONSTRUCTION, INC. IMPIRWAMM TAMRA PONTI COMAM PAR73 AFFRCM, BUSINESS AUTO rC 18 HEREBY UNDERSTOOD AND AG RM DTHAT THE FOIJAWD O A&QIND MTO TAB DEFDO ION OF "DMUREW BEAM INCLUDE TM 12MITI)ES10"M RAMW Nn ONLY TO nEXV TITFALLSWMENTOAIDDEFROT"L ADDMIONAL INSUM NAME: CITY OF NEWPORT BEACH, ITS OFFICERS, OFFICIALS, EMPLOYEES & VOLUNTEERS P.O. BOX 1768 NEWPORT BEACH, CA 92658 -8915 * *THIS COVERAGE FORM'S LIABILITY COVERAGE IS PRIMARY FOR ANY LIABILITY ASSUMED UNDER AN INSURED CONTRACT. ** T11E D1�B$17OA1 QP " is Alb TO II�I.UDE: 'ANY?=KW OR ORGAX ZA7ION WHO 13 LEGALLY rCKTiiis'S1&6' flT: TH8 QSUAisO AI1f01dO8 U SY TO NAMM IIQ611RER, rm MuYBBB, OR MY PSBSONUm in am= AU`r0)iQWZ k►rr11 TIM NA)AW INSURER'S PEONS=.' THE TIMM "USS" WORN An= TO AMUM V=CLB SEIAMO411L,Y MEAN OPPBBATI)ML UAMADMA UMDDIG OAUNIA&MW A MOTOR VMDCL IL QMAQY� ' A>d 81Oow+re OCT -19 -2001 FRI 09:53 AM FAX NO. • QN, 0 CERTIFICATE OF INSURANCE CHECKLIST CITY OF NEWPORT BEACH THIS CHECKLIST IS COMPRISED OF REQUIREMENTS AS OUTLINED ABY THE CITY OF NEWPORT BEACH. DATE RECEIVED: ID J1v ri DEPARTMENT /CONTACT RECEIVED FROM: Sj�&q4al DATE COMPLETED: I D J SENT TO: 3& BY: 6Ft ZA COMPANYJPERSON REQUIRED TO HAVE CERTIFICATE: C. ,T, aAJ57'RUC1 JQ1J I. GENERAL LIABILITY: P, 02 A. INSURANCE COMPANY: S• B. AM BEST RATING (A VII or greater): C. ADMITTED COMPANY: ( Must be California Admitted) Is company admitted in California? Yes ✓ No_ D, LIMITS: (Must be $1,000,000 or greater) What is limit provided? 4 1, DOO+Qfjh _ E. PRODUCTS AND COMPLETED OPERATIONS: (Must Include) Is it included? Yes ✓ No F. ADDITIONAL INSURDED WORDING TO INCLUDE: (The City its officers, agents, officials, employees and volunteers). Is it included? Yes ✓ No G. PRIMARY AND NON CONTRIBUTORY WORDING: (Must be included) Is it included? Yes V No_ H. CAUTION! ( Confirm that loss or liability of the Named insured is not limited solely by their negligence.) Does endorsement include "solely by negligence" wording? Yes_ No ✓ 1. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley the City will accept the endeavor wording. 11. AUTOMOBILE LIABILITY: A. INSURANCE COMPANY: Q, h, E• /NS((RRA)&E &gp• B. AM BEST RATING (A VII or greater): f I , VUl C. ADMITTED COMPANY: ( MUST BE CALIFORNIA ADMITTED) Is company admitted? Yes NO D. LIMITS: ( Must be $ I,000,000 minimum BI & PD and $500,000 UM) What is limits rovidcd ?4 1,04; 00f) E. ADDITIONAL INSURED WORDING TO INCLUDE: (The City its officers ,agents, officials, employees and volunteers). Is it included? Yes P-' No_ F. PRIMARY AND NON CONTRIBUTORY WORDING: (For Waste Haulers Only). Is it included? Yes ✓ No_ G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by terrified mail; per Lauren Farley the City will accept the endeavor wording. M. WORKERS COMPENSATION: A. INSURANCE COMPANY: NDAI ,Sd Wbl B. AM BEST RATING (A VII or greater) C. LIMITS: Statutory D. WAVIER OF SUBROGATION: (To include). Is it included? Yes_ No! HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes No ✓ IF NO, WHICH ITEMS NEED TO BE COMPLETED? J�} ten r,itt ,K nnerP ,9f[p�c�u• _ • • PR 1 of 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL 2001 -2002 SIDEWALK, CURB AND GUTTER RELACEMENT CONTRACT NO. 3427 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P. O. Box 1768 Newport Beach, California 92663 -8915 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. 3427 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization @Tinnousand Dollars and P,+�a Cents $ 10.000.00 Per Lump Sum 2. Lump Sum Traffic Control @ EiVtj 1n(Acnnd Dollars and era Cents onc.00 Per Lump Sum 3. 8,000 S.F. Reconstruct 4" Thick PCC Sidewalk @_lpv',e' Dollars and &w2 A.v1 Cents $ 3.70 $ 0 •00 Per Square boo • • PR2of2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 1,200 L.F. Reconstruct Rolled PCC Curb and Gutter @ -�Qur Dollars and Cents $ ::)q •00 $ a8+ g00.Oa Per Linear of 1,300 L.F. Reconstruct Type -A PCC Curb and Gutter @ - fee Dollars and 2WO Cents $ 3.00 $ 00. 0_0 Per Linear Foo 6. 104 Each Root Prune Existing Tree @ hp-e- Hundr -e d Dollars and et O Cents $ OO.Oa $ (OTC(.00.06 Per Linear oot 7. 750 S.F. Reconstruct PCC Driveway Approach @ I"oUY Dollars and S2Ur2n� -II/2i Cents $ "IS $ 6a.5D Per Square Foot TOTAL PRICE IN WRITTEN WORDS: and Cents 37 m/ Date (5L,,,9) �a9 -00 // Bidder's Telephone and Fax Numbers ,'/')0& A Bidders License No(s) and Classification(s) $ / / %'26a,s0 ' Total Price (Figures) /ke- Bidder 0,� Bi er's Auth riz'e/d Signature and Title . 3( db /{Yid.Pr /GJR�4�SGH1t�Nl.Savindl Bidder's'Address 0 • PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS 2001 — 2002 SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3427 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 -9.4 Line and Grade 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -2 CHANGES INITIATED BY THE AGENCY 3 -2.2 Payment 3 -2.2.2 Stipulated Unit Prices 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 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 1 1 1 2 F 2 2 2 2 2 2 3 3 3 3 3 3 4 4 4 4 4 5 4i 5 5 5 5 6 6 6 6 7 7 7 7 8 8 9 I7 9 9 9 9 9 9 9 9 6 -7.4 Working Hours SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water 7 -8.6 Water Pollution Control 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access 7 -10.2 Storage of Equipment and Materials in Public Streets 7 -10.3 Street Closures, Detours, Barricades 7 -10.4 Public Safety 7- 10.4.1 Safety Orders 7 -10.5 "No Parking" Signs 7 -10.6 Street Sweeping Signs 7 -10.7 Notice to Residents 7 -15 CONTRACTOR LICENSES 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS SECTION 9 MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General 9 -3.2 Partial and Final Payment PART 2--- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.2 Concrete Specified by Class SECTION 203 BITUMINOUS MATERIALS 203 -1 PAVING ASPHALT 203 -1.1 General PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 4 4 5 4i 5 5 5 5 6 6 6 6 7 7 7 7 8 8 9 I7 9 9 9 9 9 9 9 9 I 300 -1.3.1 General 9 300 -1.3.2 Requirements 9 300 -1.5 Solid Waste Diversion 10 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 10 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 10 303 -5.1 Requirements 10 303 -5.1.1 General 10 303 -5.5.2 Curb 10 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 11 308 -1 GENERAL 11 DRAWING NO. R- 5768 -L LIST OF WORK LOCATIONS K • SP 1 OF 11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS 2001- 2002 SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3427 INTRODUCTION All work necessary for the completion of this contract shall be done in accord with (1) these Special Provisions; (2) Drawing No. R- 5768 -L (the Plans); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1994 edition), including Supplements; (4) Standard Specifications for Public Works Construction (1997 edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, California, 90034, telephone (310) 202 -7775. 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 removal and disposal; reconstruct P.C.C. sidewalk, curb and gutter, driveways, construct asphalt concrete patch back; root pruning; curb painting; restoration of existing improvements impacted by the work; and construct other incidental items of work." 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section, "The Engineer will provide construction staking as required to construct the improvements. Any additional stakes or any restaking or costs thereof shall be the responsibility of the Contractor. The Contractor shall notify the City in writing two working days in advance of the time that the stakes are needed." 2 -9.4 Line and Grade. Add to this Section, "All reconstruction work that is longer than 50 feet in length shall be surveyed for positive drainage." • SP2OF11 2 -9.6 Survey Monuments, The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and protect them 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 Engineer or Licensed Surveyor shall also file the required Corner Records with the County of Orange upon monument restoration. SECTION 3 - -- CHANGES IN WORK 3 -2 CHANGES INITIATED BY THE AGENCY 3 -2.2 Payment 3 -2.2.2 Stipulated Unit Prices. Add to this section with, "In the event that the existing subgrade material at Fire Station No. 3 is unsuitable as determined by the Engineer, and needs to be over - excavated and rehabilitated, such work to remove and dispose of the unsuitable material and to construct a compacted aggregate base section shall be compensated at the rate of $70.00 per cubic yard of rehabilitated section completed in place. Said stipulated unit price shall have included the cost of all material, equipment, and labor as required to complete the 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." • SP3OF11 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. 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 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section, "The time for completion as specified in Section 6 -7, shall commence at the time of City Council award. The work at the Newport Beach Fire Station No. 3 has the highest priority and shall be completed first, and before any other work is started. The Contractor shall furnish City with certificates of insurance with original endorsements effecting coverage required by this contract (Section G) to the City for processing and approval prior to City permitting any on site work to commence. No work shall begin until 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 GPM 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 considered as the basis for payment of extra work because additional personnel and equipment were required on the job. • SP 4 OF 11 The Contractor shall schedule and conduct his work in such a manner as to minimize the inconvenience to the public. Included within the specified period is the curing time required for P.C.C. improvements and the restoration of existing improvements impacted by the work." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section, "The Contractor shall complete all work under the Contract within fifty (50) consecutive working days following City Council award on August 28, 2001. This schedule includes ten days for processing of contract, bonds and insurance documents. It will be the Contractors 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 1st, the third Monday in January (Martin Luther King's Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday in November (Thanksgiving), and December 25th (Christmas). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 8:00 a.m. to 4:30 P.M. Monday through Friday. Should the Contractor elect to work outside normal working hours, he must first obtain special permission from the Engineer. The request may be for 4:30 P.M. to 6:30 P.M. on weekdays or 8:00 A.M. to 6 P.M. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $50.00 per hour when such time periods are approved. SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section, "If the Contractor elects to use the City's water, he shall arrange for a meter and tender a $750 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. • • SP 5 OF 11 The City does not have any electrical power hook -up points in close proximity to most of the work locations. The Contractor shall make arrangements for the utilities that he will need for completing the work." 7-8.6 Water Pollution Control. Add to this section, "Surface runoff water containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any drain, catch basin, Newport Harbor, the bay, or the ocean." 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 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 comer 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 keep records of the existing work site condition 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 shall not be stored within the public right -of -way. However, the City may be able to provide the Contractor with a limited number of parking spaces within the parking lot behind Fire Station No. 3 for this work." 7 -10.3 Street Closures, Detours and Barricades. Add to this section "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a typical traffic control plan and detour plans for each type of work locations. The Contractor will be responsible for processing and obtaining approval of a traffic control plan from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. All traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), 1996 Edition. The traffic control and detour plans must meet the following requirements: •F • • SP 6 OF 11 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and /or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection days, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the city's Refuse Superintendent, Mr. William Russo, at (949) 718 -3468 and all property owners." 7 -10.4 Public Safety 7- 10.4 -1 Safety Orders. Add to this section, "The Contractor shall be solely and completely responsible for the job -site condition, 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 -10.5 "No Parking" Signs. The Contractor shall furnish, install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division at (949) 644 -3717, for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be similar in design and color to sign R -38 of the CalTrans Uniform Sign Chart. 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, with a "PERMIT PARKING ONLY" sign, 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 signs and remove the temporary "NO PARKING — TOW AWAY" signs. ` • SP7OF11 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a "door hanger" construction notice to the adjacent residents describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours before the start of construction at a specific location, the Contractor shall distribute to the adjacent residents a written notice stating when construction operations will start and what disruptions may occur and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The written notices will be prepared by the Engineer. The Contractor shall insert the applicable dates and times when the notices are distributed. 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 Engineer. 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 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" correction plans shall be submitted to the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer and 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 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 • SP 8 OF 11 the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include all preparation and scheduling of materials and equipment necessary to complete the contract work. Item No. 2 Traffic Control: Work under this item shall include providing the required traffic control including, but not limited to, preparation of traffic control plans, signs, delineators, traffic cones, barricades, arrowboards, steel plates, and all other work necessary to comply with the WATCH and the City of Newport Beach requirements. This item shall also include the delivery of all required notices, posting of signs, and all other costs incurred in notifying the residents. Item No. 3 Reconstruct 4 -Inch Thick P.C.C. Sidewalk: Work under this item shall include the removal and disposal of the existing sidewalk, subgrade compaction, construction of new 4 -inch thick P.C.C. sidewalk, and all other work items as required to complete the work in place. Item No. 4 Reconstruct P.C.C. Rolled Curb and Gutter: Work under this item shall include the removal and disposal of the existing curb and gutter, subgrade compaction, reconstruction of curb openings for existing curb drains, construction of minimum 12- inch wide and 8 -inch deep AC patchback, construction of P.C.C. rolled curb and gutter, re- chiseling the curb face for existing underground utilities, curb painting, restoration of all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 5 Reconstruct P.C.C. Type A Curb and Gutter: Work under this item shall include the removal and disposal of the existing curb and gutter, subgrade compaction, reconstruction of curb openings for existing curb drains, construction of minimum 12 -inch wide and 8 -inch deep AC patchback, construction of P.C.C. curb and gutter, re- chiseling of curb face for existing underground utilities, curb painting, restoration of all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 6 Root Prune Existing Tree: Work under this item shall include root pruning, removal and disposal, backfilling the tree wells with a native soil approved by the Engineer, and all other work as required to complete the work in place. All existing utilities or other improvements damaged by the work shall be immediately repaired at the expense of the Contractor and no additional compensation shall be made. Item No. 7 Reconstruct P.C.C. Driveway Approach: Work under this item shall include sawcut, removal, and disposal of existing improvements, compaction of existing native material, and the construction of P.C.C. driveway approach and all other work necessary to remove the existing improvements and construct the driveway approach complete and in place. E • • SP 9 OF 11 9 -3.2 Partial and Final Payment. Add to this section, 'Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section, 'Portland Cement concrete for construction shall be Class 560 -C- 3250." SECTION 203 -- BITUMINOUS MATERIALS 203 -1 PAVING ASPHALT 203 -1.1 General Add to this Section, "All asphalt concrete used on the work shall be III- C3 -AR- 4000." 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 . t 0 SP 10 OF 11 made to a minimum of two (2) inches." And replace the words "1 '/2 inch" of the last sentence with the words "two (2) inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 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 the following to this section," 1. All removed work within driveways shall be reconstructed and open for use within three calendar workdays. 2. All P.C.C. sidewalk shall be at least 4 inches thick. 3. All curb and gutter shall be constructed on top of 10 inches of 95 percent relative compacted subgrade. 4. Reconstructed sidewalks shall be open to public use on the day following concrete placement. 5. All forms shall be removed within 72 hours following concrete placement. 6. All damaged private improvements shall be repaired in -kind to the satisfaction of the respective owner within 72 hours of reconstructed work. 7. P.C.C. work subject 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 -5.5.2 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 SP 11 OF 11 valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (949) 718 - 3402." SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General Add to this Section, "The Contractor shall arrange for tree root pruning work with the City's Urban Forester, Mr. John Conway at (949) 644 -3083 a minimum of five (5) work days prior to beginning work. The method of pruning and removing tree roots shall be determined, approved, and inspected by the City's Urban Forester as follows: 1. Root Pruning a. The City's Urban Forester shall review and approve all proposed pruning prior to the start of work. He may inspect any and all work sites as necessary. b. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. c. Roots shall be cleanly severed using a root pruning machine, axe or a comparable approved tool. 2. Arbitrary Root Cut a. A straight cut with a root - cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" below grade 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 1) a tree trunk of root flare is less than 2 feet from the sidewalk or 2) the size, species or condition of the tree warrants a root cut to be hazardous to the tree or 3) when there is only one minor offending root to be removed or 4) the damage is minimal (i.e., only one sidewalk panel is uplifted, etc.). b. Selective root pruning shall be performed with an axe or stump grinding machine instead of a root - pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. 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. TO: FROM: • Mayor and Members of the City Council General Services and Public Works Departments %il.).} to (�55 ) September 11, 2001 CITY COUNCIL AGENDA ITEM NO. 8 COUNCIL AGENDA No. j, q Tf, 5T& SUBJECT: 2001 -2002 SIDEWALK, CURB AND GUTTER REPLACEMENT - AWARD OF CONTRACT NO. 3427 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3427 to C.J. Construction, Inc., for the Total Bid Price of $117,262.50, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $11,000.00 to cover the cost of testing and unforeseen work. DISCUSSION: At 11:00 A.M on August 28, 2001, the City Clerk opened and read the following bids for this project: BIDDER Low C.J. Construction, Inc. 2 Civil Works Corporation 3 Elite Bobcat Service, Inc. 4 Damon Construction Company 5 Nobest, Inc. TOTAL BID AMOUNT $117,262.50 $119,037.50 $131,450.00 $151,200.00 $186,450.00 The low total bid amount is six percent below the Engineer's Estimate of $125,000. The low bidder, C.J. Construction, Inc., possesses a General Engineering "A" contractor's license as required by the project specifications. They have satisfactorily completed concrete construction work for the City. This contract provides for the replacement of approximately 8,000 square feet of sidewalk, 1,300 linear feet of curb and gutter, 750 square feet of driveway approach, and root pruning of 104 trees within the Westcliff and Harbor Highlands neighborhoods. In addition, 1,300 linear feet of rolled curb and gutter will be reconstructed on Lido Isle. a 0 SUBJECT: 2001 -2002 SIDEWALK, CURB AND GUTTER REPLACEMENT -AWARD OF CONTRACT NO. 3427 September 11, 2001 Page: 2 These replacements are necessary to eliminate existing uplifted /displaced public improvements, and to alleviate localized water ponding by improved gutter drainage. Depressed sidewalks, curbs, and gutters are usually caused by settled subgrade soil. Uplifted sidewalk, driveway approaches, curbs, and gutters are typically the result of uncontrolled growth of tree roots. There are sufficient funds available in the following account for the work: Account Description Account Number Amount Sidewalk, Curb and Gutter Replacement 7013- C3130016 $128,262.50 The project plans, specifications, and schedules were prepared by Public Works and General Services Staff. The contract specifications require the Contractor to complete all contract work within 50 consecutive working days. Respectfully submitted, PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director M Fong,7se, P.E. Project Manager Attachment: Project Location Map Bid Summary GENERAL SERVICES DEPARTMENT David E. Niederhaus, Director RARER ST. o- W ATV71S AVE. a CITY OF COLLEGE BRAUGE ca dpi ) S CITY Lo COSTA FAIR it0 ROS 3 vP OF MESA Q�Jgo ��fa �oPO IRVINE y = m Li J4 . h "� RR VICTORIA c ST. UPPER z P AT C NEWPORT \ � BAY U 191H J ST. !9 y CI U.C.I. a P, ly OF o WPO Q �ISgY y sQ CH 1 (L. cy 0. R SAN D, IR � \ I CENTER 'y a N Hy SpN v\�IRACE \ 4, YARD L \ � $q S ORESER '[aw10AiR LOCATIONS VICINITY MAP CFgNC y'9r NOT TO SCALE 2001 -2002 CITYWIDE SIDEWALK AND CURB AND GUTTER REPLACEMENT C -3427 I � N Q co O N ' O I LLl 4j p 2 ❑ N Z W W Q J CL w w 7 O cc C 0 O w N u z �+ O w J Q a .. U)< 0 O + z n Q o 0 C) N. �w W w r z � � z 0 0 F�wa O LQ r -lam M 0000000 w 0 0 U 0 0 0 0 z�ooanM, Nt; 0 Z to O N N N n V O O A W R N N LL LL LL Q LL } J J (n J J W (n H 0 0 o a o O N (M � MOKE N U U Q Y U o a N 2 a ©MIM 0 m m a m 0 m 0 0 V c u m L 3 6 d N U m u O 0 O 0 N O � s 06 W Y U � w U Q Z w O ~¢ = Z o W Q F m m Q m W Op aN W Y 0 Z O L� �: O U m U a N Z W W Q J CL w w 7 O cc C 0 O w N u z �+ O w J Q a .. U)< 0 O + z n Q o 0 C) N. �w W w r z � � z 0 0 F�wa O LQ r -lam M 0000000 w 0 0 U 0 0 0 0 z�ooanM, Nt; 0 Z to O N N N n V O O A W R N N LL LL LL Q LL } J J (n J J W (n H 0 0 o a o O N (M � MOKE N U U Q Y U o a N 2 a ©MIM 0 m m a m 0 m 0 0 V c u m L 3 6 d 0 46 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 October 31, 2001 Civil Works Corp. 9348 Oak Street Bellflower, CA 90706 Gentlemen: Thank you for your courtesy in submitting a bid for the 2001 -2002 Sidewalk, Curb and Gutter Replacement (Contract No. 3427) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMCIAAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 October 31, 2001 Elite Bobcat Service, Inc. 1320 East Sixth St., #100 Corona, CA 92879 -1700 Gentlemen: Thank you for your courtesy in submitting a bid for the 2001 -2002 Sidewalk, Curb and Gutter Replacement (Contract No. 3427) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMClAAE City Clerk 3300 Newport Boulevard, Newport Beach 9 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 October 31, 2001 Damon Construction Company 455 Carson Plaza Drive, Unit F Carson, CA 90746 Gentlemen: Thank you for your courtesy in submitting a bid for the 2001 -2002 Sidewalk, Curb and Gutter Replacement (Contract No. 3427) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, ;/Y!lJ�.: is '�,1 � li . �1��`�cl_r.:✓ LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 October 31, 2001 Nobest, Inc. P. O. Box 874 Westminster, CA 92684 Gentlemen: Thank you for your courtesy in submitting a bid for the 2001 -2002 Sidewalk, Curb and Gutter Replacement (Contract No. 3427) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach