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HomeMy WebLinkAboutC-3722 - Newport Shores Alley ReplacementCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC May 22, 2008 Nobest, Inc. P.O. Box 874 Westminster, CA 92684 Subject: Newport Shores Alley Replacement (C -3722) To Whom It May Concern: On May 22, 2007, 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 June 29, 2007. The Surety for the contract is Contractors Bonding and Insurance Company and the bond number is CE 6098. Enclosed is the Faithful Performance Bond. /Sincerely, LaVonne M. Harkless, MMC City Clerk cc: Public Works Department Stephen J. Luy, P.E. enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT SHORES ALLEY REPLACEMENT CONTRACT NO. 3722 BOND NO. tE 6098 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 9, 2:00 being at the rate of $ various thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to NOBEST, INC., hereinafter designated as the `Princip0, a contract for construction of NEWPORT SHORES ALLEY REPLACEMENT, Contract No. 3722 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. 3722 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and amftactocs Aoorli g and Insm-a.rn 008p3nY , duty authorized to transact business under the laws of the State of Califomia as Surety (hereinafter 'Surety"), are held and finely bound unto the City of Newport Beach, in the sum of One Million, One Hundred Thousand and 001100 Dollars ($1,100,000.00) lawful money of the United States of America, said sum being equal to 1000/0 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, finely by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that If the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its 'officers,. employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 28 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 17th day of January , 2007. NOBEST, INC. (Principal) LLD 111 Pacifica, Suite 350 Irvine, CA 92618 Address of Surety (949) 341 -9110 Telephone PAMM "�(- • Authorized t t Agent Linda D. Ooat:s Attorney in Fact Print Name and Tide NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 ACKNOWLEDGMENT State of : California County of Orange On January 17, 2007 befpre me Ray E. Anderson /Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Publid) personally appeared Larry Nodland Name(s) of Signer (s) [s] personally known to me [ ] proved to me on the basis of satisfactory evidence to be the person(a)"whose names' is/are- subscribed to the within instrument and acknowledged to me that he /� executed the same in hisljiefl tr authorized capacity(jes� and that by his/llef/therr signatureXon the instrument the person(,sY KAYE ANDERSON or the entity upon behalf of which the v COlNM. #1579863 personSWacted, executed the instrument. c1 WITNESS my hand and official seal Sign tureofNo Publi Place Notary Seal Above ACKNOWLEDGMENT State of California County of Orange On JA_N 1 7 =before me, Christine M. Rapp, Notary Public (here insert name and tifie of the officer) personally appeared Linda D. Coats personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hedtheir 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. NTNESS my hand and official seal. ,pµ OI,yF CHRISTINE M � COMM. # 1494518 .� NOTARY PUBLIC-CALIFORNIA N Signature 5 MyOoR mExpi OIUY9, 208 (Seal) READ CAREFULLY- to be used only with the bond specified herein CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC June 29, 2007 Nobest, Inc. P.O. Box 874 Westminster, CA 92684 Subject: Newport Shores Alley Replacement (C -3722) To Whom It May Concern: On May 22, 2007, 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 May 25, 2007, Reference No. 2007000339362. The Surety for the contract is Contractors Bonding and Insurance Company, and the bond number is CE 6098. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, MMC City Clerk cc: Public Works Department Stephen J. Luy, P.E. encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT SHORES ALLEY REPLACEMENT CONTRACT NO. 3722 BOND NO. CS 6098 Premium Included LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council. of the City of Newport Beach, State of California, by motion adopted, has awarded to NOBEST, INC., hereinafter designated as the "Principal," a contract for construction of NEWPORT SHORES ALLEY REPLACEMENT, Contract No. 3722 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. 3722 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, Clxxtractors Bonding and Insurance 0ouvanY 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 Million, One Hundred Thousand and 001100 Dollars ($1,100,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, finely by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specked in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 26 0 9 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 17th day of January .2007. NOBEST, INC. (Principal) (xulractors Bonding and insurance Company Name of Surety 111 Pacifica, Suite 350 Irvine, CA 92618 Address of Surety (949) 341 -9110 Telephone Authorized Agent Signature Linda D. ODats Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 0 • State of : California County of Orange On January 17, 2007 befpre me Ray E. Anderson/Notary Public Date Name and Title of Offiar (e.g., "Jane Doe, Notary Publid') personally appeared Larry Nodland , Name(s) of Signer (s) KAYE.ANDERSON t- COMM.#1579M3 O U IMAWPDX-CAIFOOM i orutM COUM aycammEwlm.wrte.� Place Notary Seat Above �J personally known to me [ ] proved to me on the basis of satisfactory evidence to be the person(Wwhose name(4 is /0 subscribed to the within instrument and acknowledged to me that he /sW th6y executed the same in hisPoef /tlr authorized capacity(, and that by his/bef /thW signature(4 on the instrument the person(; or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal ACKNOWLEDGMENT State of California County of Orange On JAN 17 2W7 before me, Christine M. Rapp, Notary Public (here insert name and fifie of the officer) personally appeared Liada D. Coats personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herhheir authorized capacky(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. a ,+F" a,,gyp CHRISTINE M. RAPw P g COMM. # 1494518 X ? m o NOTARY PURLIGCALIFORNIA a,. ORANGE COUNTY N y i Signature /{ _ _� J� 4r MYComm.Expires JULY9,2008 8 (Seal) • Recorded in Offici Records, Orange County RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Tom Daly, Clerk- Recorder IIIIIIIIIIIIIIIIII111111IIIIIIIIIIIIIIIIIIIhIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE 200700033936211:04am 05125/07 227 188 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Nobest, Inc, of Westminster, California, as Contractor, entered into a Contract on January 23, 2007. Said Contract set forth certain improvements, as follows: Newport Shores Alley Replacement (C -3722) Work on said Contract was completed, and was found to be acceptable on May 22, 2007, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Contractors Bonding and Insurance Company. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on �M a.-,4 d 3 at Newport Beach, California. y , _.Avwmft� BY City Clerk Ivy CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkess, MMC May 23, 2007 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notices of Completion (C -3460, C -3562, C -3722, and C -3798) Please record the enclosed Notices of Completion (4) and return them to the City Clerk's office. Thank you. Sincerely, LaVonne M. Harkless, MMC City Clerk Enclosures 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 0 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Nobest, Inc, of Westminster, California, as Contractor, entered into a Contract on January 23, 2007. Said Contract set forth certain improvements, as follows: Newport Shores Alley Replacement (C -3722) Work on said Contract was completed, and was found to be acceptable on May 22, 2007, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Contractors Bonding and Insurance Company. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on ) —� a �Ci % at Newport Beach, / �+r., BY t City Clerk California. 0 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT 35110,7 C - 3uv v THE CRY COMM Y OF NEWPORT BEACH ? 19 Agenda Item No. 5 May 22, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen Luy 949 -644 -3330 or sluy @city.newport- beach.ca.us SUBJECT: NEWPORT SHORES ALLEY REPLACEMENT — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3722 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On January 23, 2007, the City Council authorized the award of Newport Shores Alley Replacement, Contract No. 3722 to Nobest Inc. for the total contract bid price of $1,100,000.00. The contract provides for the removal of existing asphalt alleys and construction of new concrete alleys, adjusting utilities to grade and performing other appurtenant and incidental items of work as required to complete the work in place. 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: $1,100,000.00 Actual amount of bid items constructed: $1,150,995.00 Total amount of change orders: $ 16.082.08 Final contract cost: $1,167,077.08 . Newport Shores ANey Replacement - Completion acce ptance of Contract No. 3722 May 22.2607 Page 2 One Change Order in the amount of $16,082.08 provided for the chipping down of foundations that were above grade relative to the alleys. Quantities were adjusted in the field to meet actual conditions. The increase in the amount of actual bid items constructed over the original bid amount resulted from the need to reconstruct three additional alleys. Funding for the extra costs will come from the project contingency Also, residents were given an opportunity to improve the 5 -foot setback area from the alley edge to their garage door at their own cost ($1,140.00). The final overall construction cost including the change order was 6.1 percent over the original bid amount and totaled $1,167,077.08. Staff and the Newport Shores Community are very pleased with the quality of the finished project by Nobest Inc. The attached email was received by the City from Bob Paal, President of the Newport Shores Community Association. Other Project Costs: In addition to the primary construction contract, this project involved other project expenses from the following funding sources. Total project expenses are summarized as follows: Construction $1,167,077.08 Construction Inspection $ 2,276.33 Geotechnical Materials Testing $ 6,118.00 Surveying $ 4,650.50 SCE Manhole Adjustments $ 74,250.00 Incidentals $ 919.09 Total Project Cost $1,254,150.00 Environmental Review: This project qualified for a Categorical Exemption pursuant to section 15301 (repair maintenance) of the implementing Guidelines of the Categorical Exemption Quality Act. This exemption permits repair, maintenance or minor alteration of existing streets or similar public facilities with negligible expansion. Funding Availability: Funds for the project were expended from the following account(s): Account Description Newport Shores Alleys Replacement AD -68 Street Rehabilitation AD -68 Construction Contingency Account Number 7013- C5100811 74068 -9804 74068 -9805 Total: II TI -Tr rM $ 261,921.00 $ 917,979.00 $ 74,250.00 $1,254,150.00 . Newport Shores Alley Replacement - Complell Co Acceptance of contract No. 3722 May 22, 2007 Page 3 All work was completed on May 4, 2007 which was 24 working days ahead of the scheduled completion date of June 11, 2007. Prepared by: S ephen Luy Associate Civil Engineer Submitted by: Badum ub' orks Director From: Paal, Bob [mailto:bpaal @vir n.comj Sent: Thursday, May 03, 2007 3:29 • To: Bludau, Homer Cc: Rosansky, Steven Subject: Newport Shores Alley Completion Mr. Bludau, 1 received an email this past Monday from Steve Luy, the project engineer in charge of the Newport Shores alley replacement project, stating that the last of the alleys have been opened and that the project for the most part has been completed. On behalf of the over 440 residents of Newport Shores, I want to thank you, the public works department, and the contractor for a job well done. It was only a few months ago that our board was quite concerned about having this project run into the summer months. Instead, here it is the first week of May and there is not a truck to be seen or heard in the neighborhood. Specifically, I want to make sure you are aware of how accommodating your public works department was during this process. Bill Patapoff, Bob Stein, and Steve Luy went out of their way to make sure I was aware of all aspects of this project. They were always available to walk the streets and alleys and listen to our ideas during the planning phase of the project. I know I probably tried their patience at times, but you could never tell by their responses. I also want to thank Steve Badum for his openness during the project He took every phone call and was always willing to meet if we had any concerns. Please pass on our gratitude to all those involved including the contractor. From our standpoint it could not have gone any betterl Thanks again, Bob Paal President, NSCA 5/10/2007 0 • CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 Until 11:00 a.m. on the 9th day of January 2007, at which time such bids shall be opened and read for NEWPORT SHORES ALLEY REPLACEMENT Title of Project Contract No. 3722 $1,310,000.00 Engineer's Estimate 16n G. Badum Works Director BIDDER'S LIST AVAILABLE ON CITY W EBSITE: htto:/Awm.city.newoort- beach.ce.us/pbwbidlist/default.asp Click: Online Services — Public Works Bid List Prospective bidders may obtain one set of bid documents for $20.00. at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: "A" For further information, call Stephen Luy, Project Manager at (949) 6443330 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT SHORES ALLEY REPLACEMENT CONTRACT NO. 3722 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ........................................................ .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER ............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 2 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 the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 351621 A Contractor's License No. & Classification /i/ehesfi .lhc Date 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT SHORES ALLEY REPLACEMENT CONTRACT NO. 3722 BIDDER'S BOND . We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and several held and firm bound to the City of Newimit amount of he charter city, Dollaarrs principal 1% m � � ), to be paid i�d and) forfeited to dw City of Newport Beach ff the bid proposal of the undersigned Principal for the corstrwtion of NEWPORT SHORES ALLEY REPLACEMENT, Contract No. 3722 in the City of Newport Beach, Is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed. including the 'required bonds, and original insurance certificates and entlorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of 'Notification of Award`, otherwise this obligation shall.become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety Tram its obligations under this Bond. , Witness our hands Uus 29th day of December, 2006 C. -A Contractors Bondirig and Insurance Company Name of Surety Ill Pacifica No. 350 Irvine, CA 92618 Address of Surety 949 -341 -9110 , ,. Agent Signature Linda D. Coats, Attorney in Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 0 0 ACKNOWLEDGMENT State of : California County of Orange On ` 4 —b7 befpre me Ray E. Anderson /Notary Public Daze Name and Title of Officer (e.g., "lent Doe, Notary Pubiidl personally appeared Larry Nodland Name(s) of Signer (s) �] personally known to me (] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she / they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), �~ or the entity upon behalf of which the KAYE.ANNDERSON F COMM. #1679883 person(s) acted, executed the instrument. U IMT MOW ORNifiE GRAN AC d+V.NW iY WITNESS my hand and official seal plig 40Q-,y Signatur of Notary lic Plate Notary Sea! Abovc State of California County of Orange On DEC 2 9 1006 ACKNOWLEDGMENT • before me, Christine M Rapp, Notary Public (here insert name and tifie of the officer) personally appeared Linda D. Coats personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in hisfherkheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature �OEU ��tFp CHRISTINE M.RAPP COMM. # 1494618 X NOTARY PUEUGCAUFORNW N ORANGE COUNTY °+ My Comm. Ex -_ ".1.YP _ (Seal) CAREFULLY - to be used only with the bond specified herein Best's Rating Center - Company Iormation for Contractors Bonding and Insurance Co • Rating: Center 1 Press Releases View Ratings; Flnanclal.Suength. Issuer Credit Securities Advanced. Search J Contractors Bonding and Insurance Co I, Industry& Regional I an A.MBesr A: 02719 NAIC 9: 37206 FEIN tb 911082952 Address: P.O. Box 9271 Phone: 206 - 622 -7053 Seattle. 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U.S.A. http:// www3 .ambest.com /ratings[Ful]Profile .asp ?B1 =0 &AMBNum = 2719 &AItSrc =1 &Alt... 01/10/2007 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT SHORES ALLEY REPLACEMENT CONTRACT NO. 3722 DESIGNATION OF SUBCONTRACTORS) - State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: ti%C3ss-T z'NC Bidder CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT SHORES ALLEY REPLACEMENT CONTRACT NO. 3722 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formlll Please print or type. Bidders Name: 410GeS-14 -ZnG FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: Sac- AfrAe4vai3 No. 1 Project Name /Number.A/kwOOPt Sho�O d1leV Re- 12 -1mPnt 372.2 Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 2 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( ) Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( ) Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. J • No. 4 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person T Telephone ( ) Original Contract Amount $ Final Contract Amount $ 0 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 6 Project Name /Number Project Description Approximate Construction Dates: From Agency Name 0 Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other ini sufficiently comprehensive to permit an appraisal of the Contractor's current conditions. Nobese yne Bidder 10 0 NOBEST INCORPORATED REFERENCE LIST 1. CITY OF ANAHEIM (MAINTENANCE DEPT.) $ 1,035,000.00 Project: Concrete Replacement Contact: Craig Allen Phone: (714) 765-6935 2. CITY OF HUNTNGTON BEACH Project: Reconstruct Various Streets Contact: Dereck Livermore Phone: (714) 960-8861 3. CITY OF HUNTINGTON PARK Project: Various Locations Street Improvements Contact: Pat Fu Phone: (323) 584 -6253 4. CITY OF NEWPORT BEACH Project: Alley Reconstruction Contact: Stephen Luy Phone: (949) 644 -3311 5. CITY OF FOUNTAIN VALLEY Project: Concrete Improvements Contact: Tony Vega Phone: (714) 593 -4613 $ 3,600,000.00 $ 441,000.00 1, 827,000.00 142,000.00 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT SHORES ALLEY REPLACEMENT CONTRACT NO. 3722 NON- COLLUSION AFFIDAVIT State of California ) County of O/IAiP(a� ) ss. 4 at Y' v A661104 al , being first duly sworn, deposes and says that he or she is '91"e5;de4t of obey,- %,e-- , 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. _ r1 I** - Inc Bidder Subscribed and rn to before me this / day of ��� , 2007. T [SEAL] No ary Pub KAY E.ANOERSON My Comm ssion Expires: —ZY-VNS %3 2ooq F COMM. #1579663 V �� ORMM tyCann FQ J f&ZOOS 11 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 NEWPORT SHORES ALLEY REPLACEMENT CONTRACT NO. 3722 DESIGNATION OF SURETIES Bidders name IVO�eSf l/7C Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond type): M,LESiaA-')e AAA e-f4 M J� A' p 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT SHORES ALLEY REPLACEMENT CONTRACT NO. 3722 CONTRACTOR'S INDUSTRIAL SAFETY RECORD - TO ACCOMPANY PROPOSAL Bidders Name �1/B� /� -rue- Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Current Record Record Record Record Record Year of for for for for for Record 2006 2005 2004 2003 2002 Total 2007 No. of contracts 0 a Lr IS q Total dollar �I 5 Amount of Contracts (in 6 �Q3 f2 3a N65 y 6 67q Xg Thousands of $) i No. of fatalities D O D O No. of lost Workday Cases No. of lost workday cases involving permanent 0 O d transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 0 Legal Business Name of Bidder Business Address: Business Tel. No.: State Contractor's License No. and Classification: Title F.D. LOX 67W Ylestmin ster, Te WP-6874 f -11yl s9a -sss3 3s 14,2,X A Gor oratr'o The above information was compiled from t e records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 ACKNOWLEDGMENT State of : California County of Orange On 1 -8 -07 befpreme Ray E. Anderson /Notary Public Duo Name and Title of Officer (e.g., "Jane Doe, Notary Publi4* personally appeared Larry Nodland & Robert Nodland II Name(s) of signer (s) [g] personally known to me [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she / they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the KAYEANDEMON person(s) acted, executed the instrument. COMM. 8157883 U rarou�vu�c.c�troro�u n coto;�-4 WITNESS my hand and official seal w�OMAN= Signa re o'No Publ c Place Votary Stat Above CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT SHORES ALLEY REPLACEMENT CONTRACT NO. 3722 ACKNOWLEDGEMENT OF ADDENDA Bidders name Nabe 5 f TnC The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT SHORES ALLEY REPLACEMENT CONTRACT NO. 3722 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: N6e5 t 7-he Business Address: Pa Roy g7# Wes >minlsrer Cq 926$1 -08°71 Telephone and Fax Number: (710 $9a - 9393 (7 /N) 373 -003 9 California State Contractor's License No. and Class: 35q6;2 A (REQUIRED AT TIME OF AWARD) Original Date Issued: y- 7$ Expiration Date: 7-3/ -0 List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: M. Ke L e w, S - k74fiYh4f &r The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone y Ned /and 6a6Pr t Nodland - sEc (/ r t •� Corporation organized under the laws of the State of C a l i 4'o/'ai g 16 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: Afie- AII. company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: % For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Non e Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes /@ Are any claims or actions unresolved or outstanding? Yes /@ 17 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. N6be5�- ;-rC, Bidder Larry Nedland (Print name of Owner or President Title Date day _AAJVAA,' Subscribed and sworn to before me this y of 2007. [SEAL] ,fj_ ry✓ KAYE.ANDERSON comm. #1579663 n V MOTARYKMICCMIFORMIA ORANGE COWM 1 *Co EVNWAn113.2= Y 18 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT SHORES ALLEY REPLACEMENT CONTRACT NO. 3722 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property- Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 19 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT SHORES ALLEY REPLACEMENT CONTRACT NO. 3722 CONTRACT THIS AGREEMENT, entered into this _ day of , 2007, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and NOBEST, INC., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: NEWPORT SHORES ALLEY REPLACEMENT Contract No. 3722 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. 3722, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. i3] 0 0 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of One Million, One Hundred Thousand and 001100 Dollars ($1,100,000.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Stephen J. Luy, P.E. (949) 644 -3330 Nobest, Inc. P.O. Box 874 Westminster, CA 92684 714 -892 -5583 714 -373 -0039 Fax F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 0 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 22 41 0 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, Its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract 23 0 0 amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. I. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 0 K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties her to have caused this contract to be executed the day and year first written above. d , of Nom,. ATTEST: OF NEWPORT BEACH o Municipal Corporation v WR'VIA ,2 By: CITY CLERK Mavor APPROVED AS TO FORM: NOBEST, INC. A /� --4� C By: AARO . HARP (Corporate Officer) Assistant City Attorney Title: ��GDZE7►A Rte/ Print Name: Title: Print Name: LAS Na-144WD 25 0 • ACKNOWLEDGMENT State of : California County of Orange On January 17, 2007 befpre me Kay E. Anderson/Notary Public Date Name and Title of Officer (e.g., "lane Doe, Notary Publid') personally appeared Larry Nodland and Robert Nodland 11 Name(s) of Signer (s) ]"personally known to me [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s),is'%are subscribed to the within instrument and acknowledged to me that jkl< e/ they executed the same in e6their authorized capacity(ies), and that by O&Wtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the KAYE.ANDERSON person(s) acted, executed the instrument. F COMM. #1579663 0 U NOTARY PUBLIC -CALIFORNIA ORANGE COUNTY WITNESS my hand and official seal ' Signa re or-Notary bl" Place Notary Seal Above CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT SHORES ALLEY REPLACEMENT CONTRACT NO. 3722 BOND NO. CE 6098 Premium Included LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council_ of the City of Newport Beach, State of California, by motion adopted, has awarded to NOBEST, INC., hereinafter designated as the "Principal," a contract for construction of NEWPORT SHORES ALLEY REPLACEMENT, Contract No. 3722 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. 3722 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 c r&ractors Bonding and Dmran e t business under the laws the undersigned Principal, and, any duly authorized to transact a, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of One Million, One Hundred Thousand and 001100 Dollars ($1,100,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 26 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 17th _ day of January , 2007. NOBEST, INC. (Principal) Bonding and Insu ante Company Name of Surety 111 Pacifica, Suite 350 Irvine, CA 92618 Address of Surety (949) 341 -9110 Telephone Linda D. Coats Atborney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 0 ACKNOWLEDGMENT 0 State of : California County of Orange On January 17, 2007 befpre me Ray E. Anderson /Notary Public Date Name and Tide of Officer (e.g., "Jane Doe, Notary Public) personally appeared Larry Nodland Name(s) of Signer (s) [K] personally known to me [ ] proved to me on the basis of satisfactory evidence to be the personKwhose name(sl is /0 subscribed to the within instrument and acknowledged to me that he /sW tVy executed the same in his/1}ef /tlyef'r authorized capacity(, and that by his/W /thoif signatureW on the instrument the personV, or the entity upon behalf of which the KAY E.ANDERSON person( Yacted, executed the instrument. 1- COMM. #1579863 n U NoTUYPLeM -4 oeaMN C +TM WITNESS my hand and official seal ►MOomm SW�.ad,,.13, twa SiRiatureofNo t Pub( c Place Notary Seal Above 0 0 ACKNOWLEDGMENT State of California County of Orange On JAN 17 before me, Christine NL Rapp, Notary Public (here insert name and tifie of the officer) personally appeared Linda D. Coats personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in histher/their authorized capacity(ies), and that by his/herttheir 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. teno, CHRISTINE M. RAPP+r COMM. # 1494518 X s NOTARY PUBUC•CAUFORNIA y rY ORANGE COUNTY N Signature MY Comm Expim JULY 9, 790E (Seal) • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT SHORES ALLEY REPLACEMENT CONTRACT NO. 3722 BOND NO. Cc 6098 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 9, 200=00 being at the rate of $ Various thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to NOSEST, INC., hereinafter designated as the "Principal ", a contract for construction of NEWPORT SHORES ALLEY REPLACEMENT, Contract No. 3722 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. 3722 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Qm7tractzgs %adi g and Immra*ce 033iPI EW , duly authorized to transact business under the laws of the State of Califomib as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of One Million, One Hundred Thousand and 00 /100 Dollars ($1,100,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers,- employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 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 17th day of January . 2007. NOBEST, INC. (Principal) •..v .; :.... ,. I OF 11=6 •.:.:.. - 111 Pacifica, Suite 350 Irvine, CA 92618 TAui ' i 0 • 1 Authorized Agent Signature Linda D. ODats Attorney in Fact Address of Surety Print Name and Title (949) 341 -9110 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED V • ACKNOWLEDGMENT State of : California County of Orange On January 17, 2007 before me Ray E. Anderson /Notary Public Date Name and Title of Officer (e.g., "Janc Doe, Notary PubliB) personally appeared Larry Nodland Name(s) of Signer (s) K personally known to me [ ] proved to me on the basis of satisfactory evidence to be the personC,ajwhose name(s/qle' subscribed to the within instrument and acknowledged to me that he /� executed the same in his/}�ef/ r authorized capacity(je!` , and that by hisWt�err signatureXon the instrument the person(,s�r or the entity upon behalf of which the #is7913s3 personXacted, executed the instrument. PUBM Vjk&NDERSON `c""a aa"" WITNESS my hand and official seal 2- Sign ureofNot Publi Place Notary Seal Above E State of California County of Orange ACKNOWLEDGMENT 0 On JAN 17 Mill before me, Christine M. Rapp, Notary Public (here insert name and tifie of the officer) personally appeared Linda D. Coats personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. CHRISTINE M. RAPP COMM. # 1494518 A 'b o NOTARY PUBUGCALIPORNIA N ORANGE COUNTY N Signature , Cyq My Comm Expires JULY 9, 2008 (Seal) - to be used only ►with the bond specified herein rl a ACORD CERTIFICATE OF LIABILITY INSURANCE ozio jz 07 PRODUCER (949)852 -0909 FAX (949)852 -1131 Milestone Insurance Brokers 8 Corporate Park, Ste 130 Irvine, CA 92606 Catherine Sariana THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED Nobest, Inc. P.O. Box 874 Westminster, CA 92684 INSURER Landmark American Ins. Co. POLICY EFFECTIVE 10/01/2006 INSURERS Peerless Insurance Company LIMBS INSURER RSUI Indemnity Company INSURER 0: GENERAL LIABILITY INSURER E: - EACHOCCURRENCE ERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN; THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE 10/01/2006 POLICY EXPIRATION 10/01/2007 LIMBS AUTHORIZED REPRESENTATIVE n lL%ULti/ Catherine Sariana /CAS GENERAL LIABILITY LHA130500 EACHOCCURRENCE $ 1,000,00C X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 50,00 CLAIMS MADE [K] OCCUR MED EXP (Any mIi Person) E 5.000 A X X $5000 Deductible PERSONAL 6 ADV INJURY $ 11000.00( GENERALAGGREGATE $ 2,000,00 GENT AGGREGATE LIMIT APPLIES PER PRODUCTS- COMPIOPAGG $ 2,000,00 POLICY X JECT LOC AUTOMOBILE LIABILITY My AUTO CBP8072949 10/01/2006 10/01/2007 COMBINED NG LIMIT (Eaavdeno&!.t) q LE E 1,000.00 X BODILY per W IPe Person) ) E B ALLOWNEDAUTTOS SCHEDULED AUTOS BODILY INJURY (Per acUdeM) $ HIRED AUTOS NON -OWNED AUTOS PROPERTYDAMAGE (Per ecddsM) $ GARAGE LIABILITY AUTO ONLY - EAACCIDENT $ EA ACC OTHER THAN AUTO ONLY: AGG $ ANY AUTO $ EXCESSAJMBRELLALIABILITY OCCUR FI CLAIMS MADE NHA217259 10/01/2006 10/01/2007 EACHOCCURRENCE $ 2.000,000 AGGREGATE $ 2'0()0'000 C $ $ DEDUCTIBLE g RETENTION $ WORKERS COMPENSATION AND WCSTATU- OTH- EMPLOYERS'LIABILTTY ANY PROPRIETOR/ EXCLUDED? OFFICERIMEMBER EXCLUDED? m es, AL PROVISIONS SPECIAL PROVISIONS belay E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ EL DLSEASE- POLICY LIMIT I E OTHER eased /Rented quipment $100,000 'CBP8072949 10/01/2006 10/01/2007 Equipment Floater $631,159 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: Newport Shores Alley Replacement Contract No. 3722 City of Newport Beach Public Works Department is added as an Additional Insured ith Primary Wording per RSG15001 0903 (CG 2010 1185). Waiver of Subrogtaion applies when required by contract. Ten-Days Notice of Cancellation for Non - Payment of Premium Supercedes Cert Dated 1115107 CERTIFICATE HOLOFR rAMrPI I ATInM ACORD 25 (2001108) OACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Newport Beach EXPIRATION DATE THEREOF, ME ISSUING INSURER WILL B}XpOl00416i6 NAIL Public Works Department 30° DAYS WRITTEN NOTICE TOME CERTIFICATE HOLDER NAMED TO THE LEFT, Stephen 1. Luy, P.E. RaX%KX X�% Xs V1t9( iW6X1` Jf�3l4XX afKT1EKNd (bBiXd4ilfWli16XY004%IYiXXX 3300 Newport Boulevard WAFWAM OAtMKM MXkUNKXXX3t3Rti (BKM1kK9H6XdfYIMXXXXXXXX Newport Beach, CA 92663 AUTHORIZED REPRESENTATIVE n lL%ULti/ Catherine Sariana /CAS ACORD 25 (2001108) OACORD CORPORATION 1988 ACORD 25 (2001106) E US This Endorsement Changes The Policy. Please Read It Carefully. ADDITIONAL INSURED BLANKET PRIMARY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: City of Newport Beach Public Works Department City, its officers, agents, officials, employees and volunteers 3300 Newport Boulevard Newport Beach, CA 92663 Re: Newport Shores Alley Replacement. Contract No. 3722 Any person or organization to whom or to which you are obligated by virtue of a written contract or by the issuance or existence of a permit, to provide insurance such as is afforded by this policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) SECTION II - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the SCHEDULE, but only with respect to liability arising out of "your work" for that insured by or for you. If you are required by a written contract to provide primary insurance and non - contributory. SECTION IV _ COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance does not apply, but only with respect to coverage provided by this policy. This endorsement effective 10/01/06 1 forms part of Policy Number LHA130500 issued to Nobest, Inc. by Endorsement No.: RSG 15001 0903 (CG 2010 1185) Includes copyrighted material of Insurance Services Office, Inc. 1984 with its permission 0 0 COMMERCIAL AUTO GOLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION II — LIABILITY COVERAGE A. COVERAGE 1. -WHO IS AN INSURED The following Is added: d. Any organization, other than a partnership or joint venture, over which you maintain ownership or a majority Interest on the effective date of this Coverage Form, if there is no similar insurance available to that organization. e. Any organization you newly acquire or form other than a partnership orjoint venture, and over which you maintain ownership of a majority Interest. However, coverage under this provision does not apply: (1) If there is similar insurance or a self- insured retention plan available to that organization; or (2) To 'bodily Injury" or "property damage" that occurred before you acquired or formed the organization. f. Any volunteer or employee of yours while using a covered "auto" you do not own, hire or borrow in your business or your personal affairs. Insurance provided by this endorsement is excess over any other Insurance available to any volunteer or employee. g. Any person, organization, trustee, estate or governmental entity with respect to the operation, maintenance or use of a covered 'auto" by an Insured, If'. (1) You are obligated to add that person, organization, trustee, estate or governmental entity as an additional Insured to this policy by: (a) an expressed provision of an "insured contract ", orwritten agreement; or (b) an expressed condition of a written permit Issued to you by a governmental or public authority. (2) The "bodily injury" or ' property damage" is caused by an "accident' which takes place after: (a) You executed the "Insured contract" or written agreement; or (b) the permit has been issued to you. 2. COVERAGE EXTENSIONS a. Supplementay Payments Subparagraphs (2) and (4) are amended as follows: (2) Up to $2500 for cost of bail bonds (Including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "Insured' at our request, including actual loss of earning up to $500 a day because of time off from work. Includes copyrighted material of Insurance Services Offices, Inc. with its permission GECA 701 (09104) Page 1 of 3 9 0 SECTION III — PHYSICAL DAMAGE COVERAGE A. COVERAGE The following Is added: 5. Hired Auto Physical Damage a. Any "auto" you lease, hire, rent or borrow from someone other than your employees or partners or members of their household is a covered "auto" for each of your physical damage coverages. b. The most we will pay for "loss" In any one "accident" is the smallest of: (1) $50,000 (2) The actual cash value of the damaged or stolen property as of the time of the "loss "; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. If you are liable for the "accident ", we will also pay up to $500 per "accident" for the actual loss of use to the owner of the covered "auto ". c. Our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by an amount that Is equal to the amount of the largest deductible shown for any owned "auto" for that coverage. However, any Comprehensive Coverage deductible shown in the Declarations does not apply to 'loss" caused by fire or lightning. d. For this coverage, the Insurance provided is primary for any covered "auto" you hire without a driver and excess over any other collectible Insurance for any covered "auto" that you hire with a driver. 5, Rental Reimbursement Coverage We will pay up to $75 per day for up to 30 days, for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto ". Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for a period of time It should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. We will also pay up to $500 for reasonable and necessary expenses Incurred by you to remove and replace your materials and equipment from the covered "auto ". If "loss" results from the total theft of a covered °auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under paragraph 4. Coverage Extension. 8. Lease Gap Coverage If a long -term leased "auto" Is a covered "auto" and the lessons named as anAdditional Insured — Lessor, in the event of a total loss, we will pay your additional legal obligation to the lessor for any difference between the actual cash value of the "auto" at the time of the loss and the "outstanding balance" of the lease. "Outstanding balance" means the amount you owe on the lease at the time of loss less any amounts representing taxes; overdue payments; penalties, Interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; and lease termination fees. B. EXCLUSIONS The following is added to Paragraph 3: The exclusion for "loss" caused by or resulting from mechanical or electrical breakdown does not apply to the accidental discharge of an airbag. Paragraph 4 is replaced with the following: 4. We will not pay for "loss" to any of the following: a. Tapes, records, disks or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. Includes copyrighted material of Insurance Services Offices, Inc. with Its permission GECA 701 (09104) Page 2 of 3 0 0 b. Equipment designed or used for the detection or location of radar. c. Any electronic equipment that receives or transmits audio, visual or data signals. Exclusion 4.c. does not apply to: (1) Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment Is designed to be solely operated by use of the power from the "auto's" electrical system, In or upon the covered "auto "; or (2) Any other electronic equipment that is: (a) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system; or (b) An integral part of the same unit housing any sound reproducing equipment described in (1) above and permanently Installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. D. DEDUCTIBLE The following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. SECTION IV. — BUSINESS AUTO CONDITIONS A. LOSS CONDITIONS Item 2.a. and b. are replaced with: 2. Duties In The Event of Accident, Claim, Suit, or Loss a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the accident, claim, "suit ", or loss. Knowledge of an accident, claim, "suit", or loss, by other employee(s) does not imply you also have such knowledge. b. To the extent possible, notice to us should include: (1) How, when and where the accident or loss took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any Injury or damage arising out of the accident or loss. The following is added to 6. We waive any right of recovery we may have against any additional Insured under Coverage A.1. Who Is An Insured g., but only as respects loss arising out of the operation, maintenance or use of a covered "auto" pursuant to the provisions of the "insured contract ", written agreement, or permit. B. GENERAL CONDITIONS 9. is added: 9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Your unintentional failure to disclose any hazards existing at the effective date of your policy will not prejudice the coverage afforded. However, we have the right to collect additional premium for any such hazard. COMMON POLICY CONDITIONS 2.b. is replaced by the following: b. 60 days before the effective date of cancellation If we cancel for any other reason. Includes copyrighted material of Insurance Services Offices, Inc. with its permission GECA 7011 (09104) Page 3 of 3 0 • CERTHOLDER COPY SB STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142 -0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 01 -23 -2007 GROUP: POLICY NUMBER: 7BO3043 -2008 CERTIFICATE ID: 44 CERTIFICATE EXPIRES: 10 -01 -2007 10-01 - 2008/10 -01 -2007 THIS CERTIFICATE SUPERSEDES AND CORRECTS CERTIFICATE N 43 DATED 01 -15 -2007 CITY OF NEWPORT BEACH SO PUBLIC WORKS DEPARTMENT 3300 NEWPORT BLVD NEWPORT BEACH CA 92663 -3316 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy Is not subject to cancellation by the Fund except upon30 days advance written notice to the employer We witl also give you 30days advance notice should this policy be cancelled prior to Its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or after the coverage afforded by the policy listed herein Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of trtsurance may be Issued or to which it may pertain, the Insurance afforded by the policy described herein Is subject to all the terms, exclusions, and conditions, of such policy. 8CT'HO�RIZED REPRESENTATI PRESIDENT THIS CERTIFICATE IS PART OF AN ADR FAMILY THAT ALSD INCLUDES THE FOLLOWING POLICIES: 0653043 -08, 6893043 -06 — EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1800 - LARRY NOOLAND PRESIDENT TREASURER - EXCLUDED. ENDORSEMENT #1300 - ROBERT NODLAND VICE PRESIDENT SECRETARY - EXCLUDED. ENDORSEMENT #2088 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10- 01-2005 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2007 -01 -23 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH EMPLOYER NOREST, INC. SB PO BOX 874 WESTMINSTER CA 92884 t310,SGj WEV.2•015l PRINTED : 01 -23 -2007 Fax #: a • CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: - 1 -23 -07 bept. /Contact Received From: Shauna Oyler Date Completed: 1 -29 -07 Sent td: Shaun Oyler By: April Walker Company /Person required to have certificate: Nobest Inc. GENERAL LIABILITY A. INSURANCE COMPANY: Landmark American B. AM BEST RATING (A: VII or greater): A XI C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes ® No D. LIMITS (Must be $1M or greater): What is limit provided? 2 mil agg /Imil occ E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ® Yes ❑ No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Peerless Ins. Co. B. AM BEST RATING (A: VII or greater): A XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM): What is limits provided? 1 mil E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 0 0 III. WORKERS' COMPENSATION A. INSURANCE COMPANY: State Compensation Insurance Fund B. AM BEST RATING (A: VII or greater): C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? GL:. Insurance company not admitted. The Primary wording includes negligence and does not include non - contributory. Cali fomia Business Search • • C_alpOMMOMUMM ; ustule -ss Portal t t.j'LO,f'S��C_;DEBRABOWEN -_ DISCLAIMER: "rhe information displayed here is current as of JAN 5, 2007 and is updated weekly. It is not a complete or certified record of the Corporation. Corporation NOBESTINCORPORATED Number: 00864549 Date Tiled: 4/25/1978 Status: active I.Juriscliction: California Address P O BOX 874 WESTMINSTER, CA 92684 Agent for Service of Process LARRY NODLAND 7600 ACACIA AVE 11GARDEN GROVE, CA 92841 Blank Fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender ", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. Page I of 1 littp:// kepler .ss.ca.gov /corpdatalShowAI ]List ?QueryCorpNumber— C0864549 &printer —yes 01/10/2007 License Detail Home • f,V License Detail Contractor License # 359622 Page] of2 CALIFORNIA CONTRACTORS STATE LICEN: DISCLAIMER A license status check provides information taken from the CSLB license data base. Before on this information, you should be aware of the following limitations: • CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject tc complaint disclosure, a link for complaint disclosure will appear below. Click on the lin button to obtain complaint and /or legal action information. • Per B &P 7071.17, only construction related civil judgments reported to the CSLB are disclosed. • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. • Due to workload, there may be relevant information that has not yet been entered ont Board's license data base. Extract Date: 01/10/2007 * * * Business Information * * * NOBEST INCORPORATED P O BOX 874 WESTMINSTER, CA 92684 Business Phone Number: (714) 892 -5583 Entity: Corporation Issue Date: 07/13/1978 Expire Date: 07/31/2008 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications * * * Glass Description GENERAL ENGINEERING CONTRACTOR * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 173466 in the am $12,500 with the bonding company http: / /www2.cslb.ca.gov /CSLB LIBRARY/License +Detai1.asp i 01/10/2007 License Detail Page 2 of 2 SURETY COMPANY OF THE PACIFIC. Effective Date: 01101/2007 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) RC LAWRENCE NODLAND II certified that he /she owns 10 percent or more of the voting stock the corporation. A bond of qualifying individual is not required. Effective Date: 10/09/1991 * * * Workers Compensation Information * * * This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number: 6693043 Effective Date: 10/01/2004 Expire Date: 10/01/2007 Workers Compensation History Personnel listed on this license (current or disassociated) are listed on other licei Personnel List Other Licenses License Number Request Contractor_ Name Request Personnel Name Request Salesperson Request Salesperson Name Request © 2006 State of California. Conditions of Use Privacy Poles http:// www2. cslb. ca. gov /CSLB_LIBRARY /LiceMe+Detail.asp 01110/2007 I 0 ADDENDUM NO. 1 - PR 1 of 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 PROPOSAL NEWPORT SHORES ALLEY REPLACEMENT CONTRACT NO. 3722 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3722 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: Bid items 13 through 16 are added to the proposal. ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization @ &P.f7 Fiar 7AIksa,4ollars and `Ze0e6 Cents $ :5Z 000. Per Lump Sum 2. Lump Sum Traffic Control @ F;fke.A 17 ,tm % Dollars and 40 7e-0-4 Cents $ IS-06J.— Per Lump Sum 1 ADDER UM NO. 1 - PR 2 of 4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 3. 3,500 TONS Remove Existing and Construct 4 -Inch Thick Crushed Miscellaneous Base @ jed:. -, d'Ke Dollars and Iro Z.e" Cents $ s1 $ 1784 Per Ton 4. 130,000 S.F. Construct 6 -Inch Thick PCC Alley @ S x Dollars and E, 2- r co Cents $ $ -790 o Per Square Foot 5. 180 S.F. Remove Existing and Construct PCC Alley Approach @ "J �vx Dollars and ?Z_" Cents $ 1 O. $ Per Square Foot 6. 12 EA. Adjust Water Meter Frame and Cover to Grade @ F, —Dollars :L19 Dollars and or Z4" W-0 Cents $ $ Qom• Per Each 7. 7 EA. Adjust Sewer Cleanout to Grade @ F, Fa Dollars and Zcrw Cents $ S°. $ Per Each 8. 1 EA. Adjust Sewer Main Cleanouts to Grade Dollars and Im Q, zz KC n Cents $ SO. ' $ no.— Per Each 0 ADDENDUM NO. 1 - PR 3 of 4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE a i ill 11 12. 191 10 S.F. Remove Existing and Construct 4 -Inch Thick PCC Sidewalk @ 1zvk Dollars and _Zereo Cents $ _/b._ $ Per Square Foot 240 L.F. Remove Existing and Construct Type °B" PCC Curb @ T_�� Dollars and Q, ZeKO Cents $ 20. $ 11w--' Per Linear Foot 1 EA. Remove Existing and Construct PCC Parkway Culvert per CNB Std.- 319 -L. @_�ly f-&sdre.I Dollars and ,a Q,• 2.e 44 Cents $ loo.- $ yco. — Per Each Lump Sum Survey n DFF.oeN, J tS14 -T M ollars and m 7e&n Cents $ 33, SdO. Per Lump Sum 81 EA. Adjust Telephone (SBC -AT &T) 24 -inch Deep Pull Box to Grade @ Q P Ab"'4vd *Dollars and 2r(dn Cents Per Each 14. 15 EA. Adjust Cable Television (Time Warner) 24 -inch Deep Pull Box to Grade @ 061r N,4!MJ&,pollars and zccc) Cents Per Each $ 1sO` $ 2250• 0 ADDEIDUM NO. 1 - PR 4 of 4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 15. 85 EA. Adjust Cable Television (Time Warner) 12 -inch Deep Pull Box to Grade 0 /.� 11 6 of and all ?�rre Cents $ ice• $S�t1, Per Each 16. 500 TONS 4 -Inch Thick Crushed Miscellaneous Base @ rVLXkC Zev\ Dollars and 7 -0-w -a Cents $ 1'Y. $ 7. ago TOTAL PRICE IN WRITTEN WORDS and 2_,r_, ryn Cents 1- 2.07 Date 7!`l- 897_-S:M3 7)V373 -c637 Bidder's Telephone and Fax Numbers $ j, )CIO, 006. Total Price (Figures) Bidder i_,� o. T" S T% 2 Bidder's License No(s). Bidder's Address and Classification(s) Last saved by srooks01 /03!2007 2:05 PM Musers�Pbw'shared\contracts%fy 06- 07Vnewport shores alley o-3722\proposel o-3722Aoc and _G8 q2G� A CITY OF NEWPOIT BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 1768 NEWPORT BEACH, CA 92658 -8915 ADDENDUM FAX COVER SHEET Date: January 4, 2006 NOTICE TO ALL PLANHOLDERS: ATTACHED PLEASE FIND ADDENDUM NO. 1 FOR CONTRACT NAME: Newport Shores Alley Replacement CONTRACT NO: 3722 The addendum must be signed and attached to the bid proposal. PHONE NUMBER: (949) 644 -3391 FAX NUMBER: (949) 644 -3398 NUMBER OF PAGES INCLUDING COVER SHEET: 10 Please Notify Sender If Transmission Is Incomplete. f:5 users5pbvAsharedlcontractslmastersladdendum fax cover sheet.doc • • Page: 1 of 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT �FOR� ADDENDUM NO. 1 NEWPORT SHORES ALLEY REPLACEMENT CONTRACT NO. 3722 DATE: 01 -04 -07 BY: cting City Engineer TO: ALL PLANHOLDERS PROPOSAL Contractor shall replace the Proposal with the Attached Addendum No. 1 Proposal. SPECIAL PROVISIONS 5 -7 ADJUSTMENTS TO GRADE Delete the second paragraph and replace with the following: The Contractor shalt adjust the telephone and cable television utility facilities as specified in the construction documents. Edison will adjust its own facilities. The Contractor shall coordinate with Edison for these adjustments as specified in the construction documents. The Edison adjustments shall occur as early in the construction as possible and can be done prior to demolition. Adjustment of the one gas facility will be performed by the Gas Company. The Contractor shall provide the necessary survey control for the Edison and Gas Company to adjust the boxes /vaults to the final grade and horizontal locations. Any utility boxes or vaults within '/ inch of the design grade or required horizontal location, as determined by the Engineer, may be marked as not requiring adjustment. The Contractor shall allow a minimum of five (5) working days for Edison adjustments if done after demolition in the alley. The Contractor will be required to coordinate with these companies for inspection of the work. 0 6 -7 TIME OF COMPLETION 6 -7.4 Working Hours. Revised the first sentence to read as follows: • Page: 2 of 5 Normal working hours are limited to 7:00 a.m. to 4:30 p.m., Monday through Friday. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.3 Street Closures, Detours and Barricades Delete numbered paragraph 6 thorough 8 and replace with the following: 6. The Contractor shall take special precautions to protect all underground utilities in the alleys from heavy vehicular loads especially once the existing asphalt surface is removed. Concrete shall be placed by pumping. The following sequence of construction for a typical alley shall be followed unless approved otherwise by the Engineer. The Contractor shall meet with Edison and determine the most efficient way for Edison to adjust its facilities and prepare a plan for review by the Engineer, and then work with Edison as it adjusts its facilties accordingly. The Contractor shall remove the entire alley, construct the alley base, and allow a minimum of five (5) working days for Edison to make adjustments if done after demolition. Once all boxes/vaults have been adjusted, the Contractor shall then construct the half of the alley that includes most of the utility boxes /vaults, including the center gutter area, which varies in width depending on alley width (11' -6" mimum to 12' -0" maximum). The Contractor shall verify that the horizontal location of the Telephone and Cable Television pull boxes such that they are in a uniform alignment from the centerline. The horizontal distance of these pull boxes shall be a minimum of 18- inches or a maximum of 24- inches from centerline as determined by the Engineer. 8. The Contractor shall construct the remaining portion of the alley (8' -0" minimum to 8' -6" maximum width) after the first half has been water tested to verify a smooth flowline and is not showing evidence of any ponding. 9. Each alley shall be completed within fifteen (15) working days from first day of demolition. No more than one alley group shall be under construction at any one time unless otherwise approved by the Engineer. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT T E Delete Item No. 4 and replace with: • Page: 3 of 5 Item No. 4 Construct 6 -Inch Thick P.C.C. Alley: Work under this item shall include constructing the alley with 6 -inch thick P.C.C., joint filler, sawcutting and all other work necessary to construct the alley pavement complete and in place. Add the following four bid items: Item No. 13 Adjust Telephone (SBC -AT &T) 24 -inch Deep Pull Box to Grade: Work under this item shall include adjusting all telephone pull boxes to grade and relocating horizontally to be uniformly offset from centerline and all other work items as required to complete the work in place. In any particular alley the horizontal location shall be 18- inches minimum or 24- inches maximum, with the exact dimension being determined by the Engineer. The dimension shall be determined to minimize the horizontal relocations in any one alley. Any pull boxes damaged during construction shall be replaced at the sole expense of the contractor. Existing damaged pull boxes shall be replaced by the Telephone Company free of charge. Item No. 14 Adjust Cable Television (Time Warner) 24 -inch Deep Pull Box to Grade: Work under this item shall include adjusting all Television pull boxes to grade and relocating horizontally to be uniformly offset from centerline and all other work items as required to complete the work in place. In any particular alley the horizontal location shall be 18- inches minimum or 24- inches maximum, with the exact dimension being determined by the Engineer. Any pull boxes damaged during construction shall be replaced at the sole expense of the contractor. Existing damaged pull boxes shall be replaced by the Cable Television Company free of charge. Item No. 15 Adjust Cable Television (Time Warner) 12 -inch Deep Pull Box to Grade: Work under this item shall include adjusting all Television pull boxes to grade and relocating horizontally to be uniformly offset from centerline and all other work items as required to complete the work in place. In any particular alley the horizontal location shall be 18- inches minimum or 24- inches maximum, with the exact dimension being determined by the Engineer. Any pull boxes damaged during construction shall be replaced at the sole expense of the contractor. Existing damaged pull boxes shall be replaced by the Cable Television Company free of charge. Item No. 16 4 -Inch Thick Crushed Miscellaneous Base: As directed by the Engineer, the Contractor to place additional 8 -inch thick base material to stabilize the recently placed joint power, phone and cable conduits. Work under this item shall include removing existing alley, disposing of excess material, construction of 4 -inch thick crushed miscellaneous base, grading, compaction and all other work necessary to construct 4 -inch thick crushed miscellaneous base complete and in place. 0 PART 2 CONSTRUCTION MATERIALS • Page: 4 of 5 SECTION 201 - -- CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Revise this section as follows: "Portland Cement concrete for alley construction shall be Class 560 -C -3250 Grade C pump mix per table 201- 1.3.2(A) of the Standard Specifications for Public Works Construction. Contractor shall provide the concrete mix to the Engineer for approval." 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.4 Joints 303-55.4.1 General. Delete this section entirely and replace with the following: "The Contractor shall make one sawcut parallel to the centerline of the alley as shown on the Typical Alley Section. The horizontal dimension from centerline shall be a minimum of 18- inches or maximum of 24- inches along each side of centerline, over the entire length of the alley lieu of scoring the pavement. The exact dimension shall be determined once the Telephone and Cable Television boxes have been horizontally adjusted and will set the location of the longitudinal joint. The Contractor shall also make sawcuts on the property lines as shown on the revised Typical Alley Section. The contractor shall saw cut weakened plane joints adjacent to both sides of all utility vaults or pull boxes perpendicular to the alley from edge of gutter sawcuttcold joint to property line, in the same manner as required in City of Newport Beach Std. - 141 -L. All sawcuts shall be made to a depth of 2 inches. The edge of one centerline sawcut shall be aligned to the Telephone and Cable Television Pull Boxes. Adjustment of these boxes shall also include horizontal adjustment so the sawcut line falls immediately adjacent to these pull boxes in a consistent dimension from centerline on any given alley." DRAWINGS Replace the Typical Alley Section detail shown on all sheets with the attached Addendum No. 1 Typical Alley Section. 0 • Page: 5 of 5 Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 1 is attached. 1 have carefully examined this Addendum and have included full payment in my Proposal. Bidder's Name (Please Print) 1 - 9-o7 Date r1 & Ti'ke p� ES t FiUSERSIPBWVShamchCmbactslFYOSr06Wb -0BSewer Main Uning- CDMBSupe orSewn Impr.C3SMWALDEN -NOLAN DOCUMENTS\100% DmumanWIADDENDUM 7.DOC PA NOTE: XISTING ALLEY SECTION IS " THICK A.C./ 4" C.A.B. WITH 3' WIDE CONC. RIBBON GUTTER 1' MINIMUM 3/4" CRUSHED ROCK EXISTING POWER, CABLE AND PHONE SYSTEM 10' 5' ` (` 5' 12" SMOOTH CONC. f TROWEL FINISH AT&T ®�, t {: Y_� �gj Om TV too • �r �iIL7 TYPICAL ALLEY SECTION NOTES NTS OTHE ALLEY CENTER GUTTER WIDTH (D) VARIES DEPENDING ON THE LOCATON OF THE CABLE TELEVISION AND PHONE HAND HOLE HORIZONTAL LOCATION JOIN AND SHALL BE A MINIMUM 36- INCHES AND A MAXIMUM OF 48- INCHES. PHONE AND CABLE TELEVISION HAND HOLES SHALL BE ADJUSTED HORIZONTALLY BY THE RESPECTIVE U11UTY COMPANIES SUCH THAT THE LONGITUDINAL SAWCUT LINE IS IMMEDIATELY ADJACENT TO THESE HAND HOLES AT A CONSTANT DIMENSION FROM CENTERLINE (18- INCHES MINIMUM TO 24- INCHES MAXIMUM.) THE EXACT DIMENSION SHALL BE DETERMINED BY THE ENGINEER AND WILL BE SELECTED SUCH THAT THE HORIZONTAL ADJUSTMENT OF THESE HAND HOLES IS MINIMIZED IN ANY ONE ALLEY. (i)SAWCUT LINES AROUND UTILITY HOLES (POWER- EDISON, PHONE- AT &T /SBC AND CABLE TELEVISION - TIME WARNER) SHALL FOLLOW THE TYPICAL SCORING DETAIL SHOWN HEREON. ( SEE CNB STD -141 -L FOR WEAKENED PLANE JOINT SPACING. LEGEND — — — — — CENTERLINE ------- - - - - -- SAWCUT 5' 10' 5' INS, © �iyl /. UTILITY PULL BOX AREA TYPICAL SCORING NTS ON � n •o 1 1 1 1 2 `, 2 2 2 2 2 2 3 3 3 3 3 3 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS MASTER FORMAL CONTRACT CONTRACT NO.3722 INTRODUCTION PART 1--- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 33 EXTRA WORK 33.2 Payment 33.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -2 PROTECTION 5 -7 ADJUSTMENTS TO GRADE 5-8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 1 1 1 1 2 `, 2 2 2 2 2 2 3 3 3 3 3 3 0 0 6 -7.2 Working Days 4 6 -7.4 Working Hours 4 6 -9 LIQUIDATED DAMAGES 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -7 COOPERATION AND COLLATERAL WORK 5 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 6 7 -10.1 Traffic and Access 6 7 -10.2 Storage of Equipment and Materials in Public Streets 6 7 -10.3 Street Closures, Detours, Barricades 6 7 -10.4 Safety 7 7- 10.4.1 Safety Orders 7 7 -10.5 "No Parking" Signs 8 7 -10.6 Street Sweeping Sign 8 7 -10.7 Notice to Residents and Temp Parking Permits 8 7 -15 CONTRACTOR LICENSES 9 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 9 SECTION 9 MEASUREMENT AND PAYMENT 9 9 -3 PAYMENT 9 9 -3.1 General 9 9-3.2 Partial and Final Payment 11 PART 2--- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 11 201 -1 PORTLAND CEMENT CONCRETE 11 201 -1.1.2 Concrete Specified by Class 11 SECTION 214 PAVEMENT MARKERS 11 214-4 NONREFLECTIVE PAVEMENT MARKERS 11 214 -5 REFLECTIVE PAVEMENT MARKERS 11 • • PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 11 300 -1 CLEARING AND GRUBBING 11 300 -1.3 Removal and Disposal of Materials 11 300 -1.3.1 General 11 300 -1.3.2 Requirements 12 300 -1.5 Solid Waste Diversion 12 SECTION 302 ROADWAY SURFACING 12 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 12 302 -6.6 Curing 12 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 12 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 12 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 12 303 -5.1.1 General 12 303 -5.4 Joints 12 303 -5.4.1 General 13 303 -5.5 Finishing 13 303 -5.5.1 General 13 303 -5.5.4 Gutter 13 PART 4 SECTION 400 ALTERNATIVE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 13 400 -2 UNTREATED BASE MATERIAL 13 400 -2.1 General 13 400 -2.1.1 Requirements 13 APPENDIX Newport Shores Alley Construction Schedule Order of Alley Construction Last saved by mlocsyl 2/15/2006 9:27 AM f l users\pbw\sharedlconhwtsVmsters \masters for contract set upVnaster specs mdex.doc CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT • SP 1 OF 13 SPECIAL PROVISIONS NoQQ430?q0,�3 VVilr Exp �L�Z. NEWPORT SHORES ALLEY REPLACEMENT CONTRACT NO. 3722 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. A- 5156 -S); (3) the City's (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714- 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2 —SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of removing existing asphalt alleys and constructing new concrete alleys, adjusting utilities to grade and performing other appurtenant and incidental items of work as required to complete the work in place." 2 -9 SURVEYING 2-9.3 Survey Service. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize /follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The Design Surveyor for this project is Coast Surveying and can be contacted at (714) 918 -6266. At a minimum, two (2) sets of cut - sheets for all areas shall be included in the bid price and copies of each set shall be provided to City 48- hours in advance of any work. In addition, the filing of a Comer Record and /or a Record of Survey with the County Surveyor's Office is required after the completion of • • SP2OF13 Work. Prior to any demolition Work the Contractor shall prepare and submit the Comer Records for review by the City a minimum of three (3) working days before the anticipated Work. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and /or monuments damaged by the Work." 2-9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. SECTION 3 -- CHANGES IN WORK 3 -3 EXTRA WORK 3-3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements • • SP 3 OF 13 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 5 - -- UTILITIES 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust to finish grade City- owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. For adjustment of Edison, The Gas Company, A T & T, cable television, and other utility facilities to the finish grade, the Contractor shall submit to the Engineer a written request specifying facilities to be adjusted. The City will contact each utility company and request the utility company to adjust its facilities per the franchise agreement and asking the utility company to coordinate the adjustments with the City's contractor. The Contractor shall then coordinate with each utility company for the adjustment of these facilities. 5-8 SALVAGED MATERIALS. The Contractor shall salvage all existing meter or valve box covers. The Contractor shall salvage all removed cast iron pipes. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 -3402. SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed." 0 • SP4OF13 No work shall begin until a `Notice to Proceed" has been issued, a pre - construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The City is in the process of obtaining an Encroachment Permit from Caltrans and a Permit to Enter from the property owner for the proposed storm drain system at the angle point of Alley 347. Once the City has obtained an Encroachment Permit, the Contractor shall obtain a Permit Rider, or Double Permit, from Caltrans to begin construction in the alley. No work shall begin in any portion of Alley 347 until the permit has been obtained. 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 Contractor has exerted extra effort to meet his /her original schedule and has demonstrated that he/she will be able to maintain his/her approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his /her overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job.' 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within Eighty consecutive working days after the date on the Notice to Proceed. " It shall be the Contractor's responsibility to ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 151 the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 0', the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve — half day), December 25th (Christmas), and December 31st (New Years Eve — half day). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 8:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, his/her subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc. before or after the normal working hours prescribed above. s � SP 5 OF 13 Should the Contractor elect to work outside normal working hours, Contractor shall first obtain special written 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 $123.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall monitor the five (5) day weather forecast. If precipitation is forecast the site shall be secured one day prior to precipitation so that the street subgrade is protected from any runoff." 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor. This includes water for compaction." 7-8.6 Water Pollution Control. Add to this section, `Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other • • SP 6 OF 13 deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Slough, the beach, or the ocean." 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accord with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3).° 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre - construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each alley. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. All traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), 2001 Edition. The Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. The traffic control and detour plans must meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all 0 • SP7OF13 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. While the Contractor is working on an alley during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, Mr. William Russo, at (949) 718 -3468 and all property owners." 5. A Schedule of Construction indicating the order of construction for the alleys is included in the attachments. The Contractor shall plan his construction efforts in accordance with the Schedule of Construction. A table of Utility Company facilities is also included in the attachments. 6. The Contractor shall schedule his work in order to minimize the inconvenience to the public. The Contractor shall remove the entire alley, construct the alley base, the smooth trowel finish PCC gutter portion of the alley and that half of the PCC alley with little or no utility boxes/vaults first. The remaining portion of the alley will be constructed after all utilities have been adjusted to grade by the appropriate Utility Company. Should any portions of the alley in the initial construction phase contain utility boxes /vaults; that portion of the alley, not including the gutter, shall be blocked out to the nearest required cold joint or sawcut and constructed after the utility box has been adjusted to grade. Any utility boxes or vaults within '/4 inch of the design grade, as determined by the Engineer, may be marked as not requiring a grade adjustment. 7. The Contractor shall allow 7 working days after vehicles are allowed to drive on the alleys for utility adjustments by the Utility Companies in the alley or group of alleys. The contractor shall follow the order of alley construction and may start removals and construction of the next alley after half of the previous alley is complete. After boxes and vaults are adjusted to grade on the previous alley, the previous alley shall be completed. No more than two alleys shall be under construction at one time. 8. The Contractor shall contact and coordinate with the utility owners for the utility box/vault adjustment. Contact names will be provided by the City." 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. 0 • SP8OF13 The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division at (949) 644 -3717, for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.6 Street Sweeping Signs. After posting temporary "NO- PARKING -TOW AWAY" signs, the Contractor shall cover street sweeping signs, on those streets adjacent to the construction with a "PERMIT PARKING ONLY" sign, in a manner approved by the Engineer. The contractor shall also cover all street sweeping signs on the opposite side of the street from where he has posted the "PERMIT PARKING ONLY" signs, in a manner approved by the Engineer. Immediately after construction is complete and the alley is opened to traffic, the Contractor shall remove all signs and uncover the street sweeping signs. City of Newport Beach `PERMIT PARKING ONLY" signs are available from the Engineer. 7 -10.7 Notices to Residents and Temporary Parking Permits. Ten working days prior to starting work, the Contractor shall deliver a construction notice to the adjacent residents, within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of any construction, the Contractor shall distribute to the adjacent residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or alley, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. In addition to the forty-eight hour notice, the Contractor shall hand out two Temporary Parking Permits to each residence adjacent to the alley construction. The Temporary Parking Permits shall be filled out and signed by the Engineer and valid during the period of construction of the adjacent alley only. • • SP 9 OF 13 The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved drawings 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" drawings shall be submitted to the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 9-3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include all preparation and scheduling of materials and equipment necessary to complete the work under this contract. Item No. 2 Traffic Control: Work under this item shall include the delivery of all required notifications, posting of signs and all other costs incurred in notifying the residents. In addition this item shall include providing the traffic control required by the project including, but not limited to, preparing traffic control plans, and installing • • SP 10 OF 13 signs, cones, barricades, flashing arrow sign, K -rail, striping, flag men and all other work necessary to comply with the WATCH manual, latest edition, and City of Newport Beach requirements. Item No. 3 Remove Existing and Construct 4 -Inch Thick Crushed Miscellaneous Base: Work under this item shall include removing existing alley, disposing of excess material, construction of 4 -inch thick crushed miscellaneous base, grading, compaction, , and all other work necessary to construct 4 -inch thick crushed miscellaneous base complete and in place. Item No. 4 Construct 6 -Inch Thick P.C.C. Alley: Work under this item shall include adjusting utility frames and covers to grade, constructing the alley with 6- inch thick P.C.C., joint filler, sawcutting and all other work necessary to construct the alley pavement complete and in place. Item No. 5 Remove Existing and Construct P.C.C. Alley Approach: Work under this item shall include removing existing improvements and constructing a 6 -inch thick P.C.C. alley approach, including curb and gutter, and all other work items as required to complete the work in place. Item No. 6 Adjust Water Meter Frame and Cover to Grade: Work under this item shall include adjusting all water meter frame and covers to grade and any equipment necessary to complete the work under this contract. Item No. 7 Adjust Sewer Cleanouts to Grade: Work under this item shall include adjusting all sewer cleanouts to grade and any equipment necessary to complete the work under this contract. Item No. 8 Adjust Sewer Main Cleanouts to Grade: Work under this item shall include adjusting all sewer main cleanouts to grade and any equipment necessary to complete the work under this contract. Item No. 9 Remove Existing and Construct 4 -Inch Thick P.C.C. Sidewalk: Work under this item shall include removing existing improvements and constructing a 4- inch thick P.C.C. sidewalk, and all other work items as required to complete the work in place. Item No. 10 Remove Existing and Construct Type "B" P.C.C. Curb: Work under this item shall include removing existing improvements and constructing type "B" P.C.C. curb, and all other work items as required to complete the work in place. Item No. 11 Remove Existing and Construct P.C.C. Parkway Culvert per CNB Std.- 319 -L: Work under this item shall include removing existing improvements and constructing a P.C.C. parkway culvert per CNB Std.- 319 -L, and all other work items as required to complete the work in place. 0 • SP 11 OF 13 Item No. 12 Survey: Work under this item shall include providing any and all surveying required to complete the work in place. 9-3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall be Class 560 -C- 3250." SECTION 214 - -- PAVEMENT MARKERS 2144 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non - reflective pavement markers types A and AY shall be ceramic." 214-5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass - covered reflective faces or be 3M Series 290." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Contractor shall obtain permission from the Engineer for removal accomplished by other means. • • SP 12 OF 13 The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of alley removal and replacement." 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." And replace the words 1-Y2 inch' of the last sentence with the words 'two (2) inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 302 - -- ROADWAY SURFACING 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 302 -6.6 Curing. Add to this section: "The Contractor shall not open alley improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201 -1.1 -2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6 -7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." SECTION 303 -- CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 303 -5.4 Joints • • SP 13 OF 13 303 -5.4.1 General. Add to this section: `The Contractor shall make a sawcut parallel to the centerline of the alley, 12 inches along each side of centerline, over the entire length of the alley. The Contractor may also sawcut the property lines, adjacent to the alley, in lieu of scoring the pavement along the property lines or constructing an edged cold joint. The contractor shall saw cut weakened plane joints adjacent to both sides of utility vaults perpendicular to the alley from edge of gutter to property line, in the same manner as required in City of Newport Beach Std. - 141 -L. All sawcuts shall be made to a depth of 2 inches." 303 -5.5 Finishing 303 -5.5.1 General. Add to this section: "The Contractor shall patch back A.C., P.C.C. and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color." 303 -5.5.4 Gutter. Add to this section: "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." PART 4 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General 400 -2.1.1 Requirements. Add to this section: 'The Contractor shall use crushed miscellaneous base or better as the base materials." ro PAORC ra 0 COAST HIGHWAY SCHEDULE OF CONSTRUCTION LOCATION MAP NOT TO 9CU ORDER OF ALLEY CONSTRUCTION NEWPORT SHORES ALLEY CONSTRUCTION SCHEDULE 15- Dec -O6 Const. Order Alley No. Edison Time Warner AT&T VAULTS Total /Alley WATER SEWER Total /Alley 1 349 -8 18 17 12 2 49 2 353 -A 15 12 11 2 40 3 353 -B 13 12 9 1 35 4 350 -A 13 11 8 3 35 5 346 1 3 1 1 1 2 5 348 -A 6 6 6 1 1 1 5 349 -A 5 5 4 3 Total 12 14 11 4 41 1 2 3 6 351 -B 3 3 3 6 352 -B 0 1 1 6 352 -A 8 7 6 1 Total it 11 10 1 33 0 0 0 7 347 5 6 5 11 2 13 8 351 -A 13 11 11 35 8 354 -A 5 6 4 Total 18 17 15 0 35 0 0 0 Total All 105 100 1 81 13 268 1 12 4 16 11 • CITY OF NEWPORT BEACH CITY COUNCIL. STAFF REPORT JAN 46 '1001 I., Agenda Item No. 4 January 23, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen Luy 949 -644 -3330 or sluy@c1ty.newport4xmch.ca.us SUBJECT: NEWPORT SHORES ALLEY REPLACEMENT - AWARD OF CONTRACT NO. 3722 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3722 to Nobest Inc. for the Total Bid Price of $1,100,000.00, and authorize the Mayor and the City Clerk to execute the oontrac t. 3. Establish an amount of $110,000.00 Io cover the cost of unforeseen work: DISCUSSION: At 11:00 a.m. on January 9, 2007 the City Clerk opened and read the following bids for this project: BIDDER Low Nobest Inc. 2 AMTEK Construction 3 Hillcrest Contracting 4 Beador Construction 5 All American Asphalt 6 Damon Construction 7 KALBAN Inc. 8 Majich Bros. Ina 9 Palomar Grading and Paving 10 SHAWNAN 11 PALR Inc. DBA Excel Paving TOTAL BID AMOUNT $1,100,000.00 1,311,618.00 1,333299.00 1,334,700.00 1,497497.00 1,516,890.00 1,582,025.00 1,610,780.00 "1,676,682.75 1,710,380.00 1,864,285.00 ` Corrected Bid Amount is $1,677,332.75. 0 * .. Newport Shores Alley Replawnent —Award of Contract No. 3722 January 23, 2007 Page: 2 The low total bid amount is 16 percent below the Engfneer's Estimate of $1,310,000. The low bidder, Nobest Inc., possesses a California State Contractors License Classification OX as required by the project specifications. The Contractor has previously completed similar projects for the City in a satisfactory manner. The work consists of removing existing asphalt alleys and constructing new concrete alleys, adjusting utilities to grade and performing other appurtenant and incidental items of work as required to complete the work in place. Per the Contract Specifications the Contractor will have eighty consecutive working days to complete the work. Environmental Review The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines at the time the project was authorized by the City Council. This exemption covers the repair, maintenance and minor alteration of existing public facilities with negligible expansion. Public Notice The Notice Inviting Bids was advertised in the City's official, publication and In construction Industry publications. Affected residents and businesses will be noticed by the contractor and City ten days and two days prior to starting work in the area. Geotechnical. Material Testing. and Printing In addition to the contract costs, approximately $25,000 in material testing is estimated for this project and $2,000 for printing and other incidentals. Assessment District Costs On July 27, 2004, the City Council approved the formation of Assessment District No. 68 for the undergrounding of overhead utilities in the Newport Shores neighborhood. Included in the proposed improvements was the rehabilitation of alleys in this area, with the assessment district contributing 75°x6 of the cost and the City contributing the remaining 25% of the cost. In 2004, the total estimated cost for street rehabilitation was at $700,800. The original estimate assumed that 91,800 square feet of alley area would need to be reconstructed. Final engineering drawings determined that the project area for alley replacement was 131,000 square feet. Work to be performed on portions of two other alleys was added to the project scope and final drawings with costs apportioned to the respective responsible parry. Additionally, the cost to make final adjustments to 181 telephone and cable television utility boxes is the responsibility of the Assessment District. As a result of these changes and current pricing, the Assessment District share of the project is $917,979 and the City's share is $319,021. Sufficient funds are available in the Assessment District improvement fund, designated as street rehabilitation and construction contingency, to provide for the Assessment DisbWs share. • • Newpoe snores MW PAMacwaA -Award of Omt W ft 3722 January 23, 2007 Pie: 3 Funding Availability. There are sufficient funds available in the following account(s) for the project: Account Description Newport Shores Alley Replacement AD-68 Street Rehabilitation Proposed uses are as follows: Vendor Nobest Inc. Nobest Inc. On —call Consultant Various Prepared by. 4, gbimlefi LuY Associate Civil Engineer Attachments: Project Location Map Bid Summary Account Number 6M 7013- C5100811 $ 319,021.00 74068 -9804 $ 917.979.00 Total: $1,237,000.00 Murpos e Construction Contract Construction Contingency Materials Testing Printing and Incidentals Total: Amount $1,100,000.00 $ 110,000.00 $ 25,000.00 $ 2,000.00 $1,237,000.00 PACIFIC PA= NEWPORT SHORES A I I CV D=01 A PCRACA1'T HIGHWAY C-3722 --- ' - - - -- ' -- rV§ lfl ffT. A ITLE: NEWPORT SHORES ALLEY REPLACEMENT ONTRACT NO.: 3722 NGINEER'S ESTIMATE31,310,000.00 ROJECT MANAGER: Stephen Luy CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BID LOCATION: _City CkrWs 018ce. City Hall DATE: 094en-07 TIME: 11:00 BY: SL CHECKED: SR DATE: 01/0911007 Erdn sera Eatt aft . Nobest Ina. AMTEK Construcliml Hllkreat nbad rEM DESCRIPTION UANTITY DESCRIPTION UNITS AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT 1 Mobilizatlon 1 LS. 3439000 3 .00 55,000 55 000.00 70 000.00 70 000.00 20 000.00 20 2 Traffic Control (2.5%)- 1 LS. 30 840.00 30,840.00 15000.00 15 000.00 s 000.00 6000.00 39000.00 39000. 3 Construct 4 -Inch Thick CMB 3,500 Tons 40.00 140000.00 51.00 178,500.00 7200 ZZ000, 00 95.00 332 4 Construct 6 -Inch Thick PCC Allay 130 000 S.F. 6.00 1040 000.00 SAD 780 000.00 7.20 936000.00 6.05 78815W.00 5 Remove and Construct PCC Alley Approach 160 S.F. 9.00 1,620.00 10.00 1800.00 9.60 1,728 11.30 Z034,00 6 Ad' st Water Meter Frame and Cover to Grade 12 Ea. 1 360.00 42DO.001 50.00 e00.00I 80.00 720.00 125.00 1 =1W 7 Adjust Saar Clmoat to Grade 7 Ea. 300.00 2.100.001 90.001 350.00 60.00 420.00 210.00 1,470.00 S Adjust Sewer Main Cleanout to Grade 1 Ea. 450.00 450.001 50.00 50.00 120.00 120.00 250.00 250.00 9 Remove and Construct 4 -Inch Thick PCC Sidewa 10 S.F. 10.00 100.00 10.00 100.00 90.00 900.00 20.00 200.00 10 Remove and Construct Type B PCC Curb 240 LF. 30.00 7200.00 20.00 4800.00 36.00 6 640.00 30.00 7 .00 11 Remove Exist and Construct PCC Parkwa Cu 1 Ea. 2,200.00 2,200.W 400.00 400.00 800.00 4 800.06 4.000.00 4.00D.00 12- Sury in Services 1 L.S. 17000.00 17000.00 33600.00 .00 5000.00 5000.00 70000.W 70000.00 13 Ad ust Telephone 24 -inch De Pull Box to 81 Ea. 150.00 1 160.00 150.00 1 I50 00 90.00 7 .00 120.00 - 9,720 14 Ad ust Cable TV 24 finch Dee Pull Box to Grade 15 Ea. 160.00. ,00 - 150.00 2 00 00 1 110.00 1650.00 15 Ad us MIS TV 12 -inch Dee Pull Box to Grade 85 Ea. 100.00 6500:0 10000 8500.00 90.00 765080 116,00 9775.00 16 44nch Thick Miscellaneous 88SO 500 Tons 14.00 7000.00 14.00 7000.00 18.00 9000.00 85.0 47 .00 9A nn EE 1 310 OOO.DD LOW 1 100 OOD.00 2ND 1 311 616.00 3RD 1,333,299.00 nseta Eatlnate I Deader Corot An Amsrkan Asphalt Damn Construc8on TEM DESCRIPTION allANTITY UNITS AMOUNT I UNIT I AMOUNT I UNIT I AMOUNT UNIT I AMOUNT 1 Mobilization 1 LS. 34390.00 34,3M.001 133.00D.001 133000.00 50000.00 50000.00 97.344,Wl 97344.00 2 TrafticControl 2.5% 1 LS. 30840.00 30A40.0DI $7,320.001 87320.00 46-=M.001 46509.00 68.096.001 88096:0 3 Remove and Construct 4-Inch Thick CMB 3,600 Tons 40.00 140DO0.001 80.ODI M.01M.001 li2.001 392001 '170.00 595000.00 4 Construct 84n2 h Thick PCC AO 130 000 S.F. 8.00 1040 000.00 5.0 :0 7.00 910 000.00 4.85 630 500.00 5 Remove and Construct PCC All roach 180 S.F. 9.00 1620.00 0 6400.00 1 2880.00 9.00 162D.00 8 Adjust Water Meter Frame and Cover to Grade 12 Ea. 360.00 4 200.00 0 3300.00 130.00 1.5m.00 145.00 1740.00 7 Ad ust Sewer Clasnout to Grade 7 Ea. 300.00 100.00 0 205.00 130.00 910.00 185. 1 .00 8 Ad lust Sewer Main Cleanout to Grade 1 Ea. 460.00 45MOD 0 660.00 400.00 400.0 250.00 250.00 9 Remove and Construct 41nch Thick PCC Std 10 S.F. 10.00 100.00 0 1 100.00 25.00 250.00 8.00 80.00 10 Remove and Construct T B PCC Curb 240 L.F. 30.00 7 200.00 0 100 10800.00 30.00 7200.00 18.25 3 900:0 11. Remove Extst. and Construct PCC Pa G 1 Ea. 2 200.00 2 200.00 0 4 .00 4 .M a .00 3 850.00 3 850.00 12 Sury in Services 1 LS. 17000.00 17000.00 00 50 .00 499.00 499.00 68550.00 86560:0 13 Ad ust Tele hone 24 -inch Dee Pull Box to Grad 81 Ea. 160.00 12150.00 00 22275.00 190. 12980.00 215.00 1? 415.00 14 Ad ust Cable TV 24 -Inch D Pull Box to Grade 16 Ea. 160.00 2 00 00 3 375.00 160.00 2400.00 215.00 3 225.00 15 Ad ust Cable TV 12 -Inch Pull Box to Grade 86 Ea. 100.00 00 00 23 375.00 140.00 11 900.00 165.00 14 025.00 1R 4-inM Thirlr lWsceilaneeus Rage 500 Tons 14.00 7MI0M .00 15 fY1n /x1 d-OM 71FMM 9A nn 41 nrY1M 'LE: NEWPORT SHORES ALLEY REPLACEMENT INTRACT NO.: 3722 GINEER'S ESTIMATE31,310,000.00 OJECT MANAGER: Stephen Luy CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BID LOCATION: City Cleft Ofnw -S& Hall DATE: _09Jern07 TIME: 11:00 BY: SL CHECKED: SR pATE: 01108x2007 As Aid AmmuM '1.GM.582.75 - - - EnOwm Ewe KALBAN Inc. M ah Sms. Ina. I Palomar 6 P 3M eM DESCRIPTION UANTITY UNITS I UNITS AMOUNT UNIT AMOUNT UNIT AMOUNT I UNIT AMOUNT Mobftdon 7 Mobilization 1 L.3. 34 390.00 34 380.00 15,0W-00 15,000. 75 000.00 7500000 151800.00 151 .00 1 1 2 Traffic Control .595 1 LS. 30,0j.00 30,840.00 8000.00 8 000.00 40 000.00 40000.00 57 .00 57 500.00 Tons 3 Remove and Construct 4-Inch Thick CMB 3,500 Tons 40.0 140000.00 80.00 210,000 00 110 385000.00 126.60 44275x. 6.75 4 Construct 6 -Inch Thick PCC Adley 130 000 S.F. 8.00 1040 000.00 8.95 1,183M AO 7.50 975.000.m 6.33 .00 7SW 3 Remove and Construct PCC Alley Approach 180 S.F. 9.00 1,62D.01) 10.00 1,800 20.00 3600.00 36.80 6624.00 3 Ad'ust Water Meter Frame and Cover to Grade 12 Ea. 350.00 4 2x0.00 100.00 1.2M.00 150.00 1 800.00 40250 43X00 3 Adjust Sewer Main Cleancut to Grade Adjust Sewer Chlenout to Grade 7 Ea 300.00 210D.00 100.00 700.00 150.00 1,060.00 287. 01ZS0 10 3 Adjust Sewer Main Cleanout to Grade 1 Ea. 460.00 450.00 20010 200.00 250.00 250.00 3,22D.00 3.220.001 30.00 7,200.0 3 Remove and Construct 44nch Thick PCC Sid 10 S.F. 10.00 100.00 10.00 100.00 16.00 180.00 $4.50 346.00 5500.00 0 Remove and Construct T B PCC Curb 240 LF. 30.00 7200.00 15. 3 eW 50.00 1 74.75 17 940.00 95000.00 1 Remove Exist and Construct PCC Parkway 1 Ea. 2,200.00 2M. 3 .00 3600.00 300010 000.00 325.00 6325.00 2 Su i Services 1 LS. 17 000.00 17 000. 67 .00 67 500.00 40 000.00 40 000.00 34 .00 34 .00 Adjust Cable TV 124nch Deep Pull Box to Grade 3 Ad ust Te hone 24 -Inch Dee Pull Box to Grad 81 Ea. 150.00 12150.00 425.00 34. 425.00 400.00 400.00 51750 41917.50 Tons 4 A CabieTV24 -InchD Pull Box to Grade 15 Ea. 150.00 .00 425.00 6375.00 400.00 6000.00 517.50 7762.E 5 ust Cable TV 12 -inch Dee Pull Box to Grade 86 Ea. 10010 8,5w.00 425.00 3B 126.00 300.00 25500.00 43125 3665615 8 44nch Thick Miscellaneous Base 600 Tons 14.00 7000.00 80.00 30 20.00 10000.00 80 40 00 EE 11.310,000.00, 7TH 1,587-025-001 8TH 1810 780.00 9TM 1,677,332.76 ' As Aid AmmuM '1.GM.582.75 - - - Erdrmm Estimate I SHAWNAN I PALP Inc. DBA Excel P 3M DESCRIPTION ZUANTITY UNITS I AMOUNT UNIT I AMOUNT I UNIT I AMOUNT 1 Mobftdon 1 I L.S. 34390.00 34396.00 50000.00 50.0w.0d 150 .OD 150 .00 2 Traffic Control .595 1 1 LS. 30 840.00 30840.00 31 .00 31 000.00 115.000.001 11 .00 3 Remove and Construct 4-Inch Thick CMB 3.500 Tons 40.00 140 000.00 100.00 390 000.00 X00 122.5=00 4 Consquct 5 -Inch Thick PCC Alley 130 000 S. F. 8.00 1040000.00 6.75 877 .00 9.721 12M.600.00 i Remove and Construct PCC AI ech 180 S.F. 9.00 182D.00 26:00 46WOO 7SW 1 3 Ad Just Water Meter Frame and Cover to Grade 12 Ea. 350.00 4200.00 300.00 3600.00 350.001 4200.00 P Adjust Sewer Cleancut to Grade 7 Ea. 300.00 Z10D.00I 300.00 100.00 3m.001 Z450.00 3 Adjust Sewer Main Cleancut to Grade 1 Ea. 4%001 450.001 800.00 800.00 3TS.001 378. 3 Remove and Construct 4-Inch Thick PCC SIdew2 10 S.F. 10.00 100.00 1MODi 1500.00 25.001 250.00 0 Remove and ConsWct Type B PCC Curb 240 L.F. 30.00 7,200.0 35.00 840D.00 24.001 5760,00 1 Remove Exist and Construct PCC Parkway Cutv 1 Ea 200.00 00 5,W0,00 5500.00 5 �00040 5000.00 2 Surveying Services 1 1-5. 17000.00 17000. 1000, 15000.00 ft 000.00 95000.00 'r Adjust Telephone 24 -Inch D Pull Box to Gradi 81 Ea. 150.00 1 160.00 300.00 .00 560.00 "'W0.00 4 Adjust Cable TV 244nch Deep Pull Box to Grade 15 Ea. 160.00 OD 300.00 4 .0D MO. 42W. 00 5 Adjust Cable TV 124nch Deep Pull Box to Grade 85 Ea. 100.00 8500.00 300.00 25A0,00 300.00 25500.00 8 4-Inch Thick Miscellaneous Base 500 Tons 14.00 7000.00 50.00 a000.00 35.00 17500.00