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HomeMy WebLinkAboutC-3831 - In-Pavement Lighted Crosswalk on Coast Highway at Orchid Streetr CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC February 27, 2008 Steiny and Company, Inc. 12907 E. Garvey Avenue Baldwin Park, CA 91709 -0993 Subject: In- Pavement Lighted Crosswalk at Pacific Coast Highway and Orchid (C -3831) To Whom It May Concern: On February 27, 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 April 10, 2007. The Surety for the contract is Safeco Insurance Company of America and the bond number is 6395811. Enclosed is the Faithful Performance Bond. Sincerely, �f C�Z LaVonne M. Harkless, MMC City Clerk cc: Public Works Department Anthony Brine, 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 0 Executed in Four Counterparts CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IN- PAVEMENT LIGHTED CROSSWALK ON COAST HIGHWAY AT ORCHID AVENUE CONTRACT NO. 3831 : BOND NO. 6395811 FAITHFUL PERFORMANCE BOND The premium charges on Pis Bond is $ 755.00 being at the rate of $ 7.00/" thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to STEINY AND COMPANY, INC, hereinafter designated as the `Prinoipar, a contract for construction of IN- PAVEMENT LIGHTED CROSSWALK ON COAST HIGHWAY AT ORCHID AVENUE, Contract No. 3831 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. 3831 and the terns thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Safeco Insurance Company of America duly authorized to trarmot business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City-of Newport Beach, in the sum of One Huhdred Seven Thousand, Eight Hundred Sixteen and WNW Dollars ($107,818.00) lawful money of the United Slates of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, to 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 severalty, 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, fall to abide by, and well and truly keep and perform any or at the work, Covenants, conditions, and agreements in the Contract Documents and any attention' 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. I% officers, employees and agents, as therein stipulated, then, Surety w81 faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shat become null and void. M • 0,; As a part of the obligation secured hereby, and in addition to the face amount Specified in this performance Bond, there shall be included casts 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 M full force and effect for one (f) year following the date of formal acceptanoe of the Project by the City in the event that the Principal executed this bond as an fndlvidual, 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 16thday of .tune 2l)06. , ' STEINY AND COMPANY, INC. (Principal) Safeco Insurance Company of America Name of Surety 330 N. Brand Blvd Ste 1000 Glendale, CA 91203 Address of Surety (816) 956 -4339 Telephone ii "L_li�.. . Edward N. Hackett, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles ss. On June 20, 2006 before me, Gayle C. Kappelman, Notary Public oafs Name and Tdb of Of&er (e.g. "Jane DW Ndary FuNarl personally appeared Richard Tesoriero ® personalty known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose names) is /are subscribed to the within Instrument and acknowledged to me that he /shekhey executed the same in hisUr# heir authorized capacity(ies), and that by his/Aergheir signature(s) on the instrument the person(&), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Y a' OPTIONAL Though the Infcrmahon below a not required bylaw, it maypmve valuable to persons relykg on dre document and couldprevenf Ireudulent removal and reagaUanenf of this form to another document Description of Attached Document: Title or Type of Document: Performance Bond #6395811 - City of Newport Beach Document Date: 6/16/06 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Richard Tesoriero ❑ Individual ® Corporate Officer - Title(s): ❑ Partner(s) - ❑ Limited ❑ Attomey -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ General Number of Pages Vice President Signer is Representing: Steiny and Company, Inc. 0,, CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles 0 On June 16, 2006 before me, Noemi Quiroz, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC' personally appeared Edward N. Hackett NAME(S) OF SIGNER(S) ® personally known to me - OR - NOEMI 9UIROz Commission # 744087E z .'m Notary public - California 5 Orange county MyCor m•ExPhesJun26,20071 ❑ proved to me on the basis of satisfactory evidence the person(&) whose name( &) is /are subscribed to the within instrument and acknowledged to me that helsheAhey executed the same in his /her/their authorized capacity(ies), and that by hisAaer /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WIT ESS my hand and official seal. Uifud 0681, SIGNATURE O NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑INDIVIDUAL ❑CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE Safe�l� KNOW ALL BY THESE PRESENTS: POWER OF ATTORNEY No. 10668 Safeco Insurance Companies PO Box 34528 Seattle, WA 98124 -1526 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint *****" ****** **""`**MARIA LUISA AGUINALDO; VICTORIA M. CAMPBELL; EDWARD N. HACKETT, JOHN D. MILLER; Santa Ana, California; NOEMI QUIROZ; MICHAEL R. SZOT; Los Angeles, California *****" "* its We and lawful attomey( )- jnFfacL with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 16th December 1 2005 day of � j//!e^ STEPHANIE DALEY "WATSONSEGRETARY MIKE PETERS. PRESIDENT. SURETY CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY -OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character Issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any Instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted duly 28, 1970. 'On any certthcate executed by the Secretary or an assistant secretary of the Company setting out, G) The provisions of Article V. Section 13 of the By -Laws, and ill) A copy of the power-of- attomey appointment, executed pursuant thereto, and (iii) Certifying that said power -of- attorney appointment is in fug force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley- Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and caret, and that bath the Bylaws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation JUN 1 6 2006 this day of S- N74/DS 4/05 , 4pA.! ti 4*-i STEPHANIE DALEY- WATSON, SECRETARY Safeco® and the Safew logo are registered trademarks of SAW CaI)OraaOn. WEB PDF • 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC April 10, 2007 Steiny and Company, Inc. 12907 E. Garvey Avenue Baldwin Park, CA 91706 -0993 Subject: In- Pavement Lighted Crosswalk at Pacific Coast Highway and Orchid (C -3831) To Whom It May Concern: On February 27, 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 March 6, 2007, Reference No. 2007000141640. The Surety for the contract is Safeco Insurance Company of America, and the bond number is 6395811. Enclosed is the Labor & Materials Payment Bond. Sincerely, 7 LaVonne M. Harkless, MMC City Clerk cc: Public Works Department Anthony Brine, 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 Executed In Four Counterparts CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IN-PAVEMENT LIGHTED CROSSWALK ON COAST HIGHWAY AT ORCHID AVENUE CONTRACT NO. 3831 BOND NO. 6395811 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to STEINY AND COMPANY, INC., hereinafter designated as the °Principal,° a contract for construction of IN- PAVEMENT LIGHTED CROSSWALK ON COAST HIGHWAY AT ORCHID AVENUE, Contract No. 3831 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, 3831 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, Safeco Insurance company. of America duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as °Surety') are held firmly bound unto the City of Newport Beach, in the sum of One Hundred Seven Thousand, Eight Hundred Sixteen and 001100 Dollars ($107,816.00) 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, fall 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 bf 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 attorneys 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 at 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 duty executed by line above named Principal and Surety, on the 16th day of 'tune . 2006. STEINY AND COMPANY, INC. (Principal) Safeco Insurance Company of America Name of Surety 330 N. Brand Blvd Ste 1000 Glendale, Ca 91203 Address of Surety (818) 956 -4338 Telephone Edgard N. Hackett, Attorney-in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 CALIFORNIA ALL-PURPOSE ACICNOWLEDGMENT State of California County of Los Angeles On June 16. 2006 before me, Noemi Quiroz, Notary Public DATE NAME. TITLE OF OFFICER - E.G.. "JANE DOE. NOTARY PUBLIC" personally appeared Edward N. Hackett NAME(S) OF SIGNER(S) ® personally known to me - OR - NOEMI 9UIROZ Commission 4 1420878 f Notary Public - California Orange County C m Ex lies Jun 26 201 ❑ proved to me on the basis of satisfactory evidence the person(s) whose name(s) is /aFe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his /4e4th& authorized capacity(ies), and that by his/hedtl4e# signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. My am . P W ITNE S my hand and official seal. SIGNATURE O NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document arid could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑INDIVIDUAL ❑CORPORATE OFFICER TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE •. • 'Safe;co . KNOW ALL BY THESE PRESENTS: POWER OFATTORNEY No. 10688 Safe co Insurance Companies PO BOX 34526 SeaWe, WA 98124 -1526 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint """"""'*"'*'""MARIA LUISA AGUINALDO; VICTORIA M. CAMPBELL; EDWARD N. HACKETT, JOHN D. MILLER; Santa Ana, California; NOEMI QUIRQZ; MICHAEL R. SZOT; Los Angeles, California'*'"""'*'""'"'*""• -- Its We and lawful attomey(s )-In -fact, with full authority to execute on Its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of Its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 16th December 2005 day of AWh0l/r•0! Jt;(((f.J/r-�QJ4M_,, A�� _STEPHANIE DALEYI- �WV/A /TCON cEGRFTARY MIKE PETER PRESIDENT SURETY CERTIFICATE Extract from the By -Laws of SAFECOINSURANCE'COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY•OF AMERICA: 'Article V. Section 13. - FIDELITY AND SURETY BONDS.... the President, any Vice President, the Secretary, and any Assistant Vim President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys -in -fad or under other appropriate tikes with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character Issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any. Instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such Instrument or undertaking' Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. 'On any certificate executed by the Secretary or an assistant secretary of the Company setting out, b) The provisions of Article V. Section 13 of the By -Laws, and f9 A copy of the powerof- attorney appointment, executed pursuant thereto, and (iii) Certifying that said powerof- attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof.' I, Stephanle Daley- Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are We and correct, and that both the By- Lays, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation JUN 1 6 2006 SEAL 5-0974/DS 4/05 this day of �� a EAL �s;?' a S ,a��� STEPHANIE DALEY•WATSON, SECRETARY 5310009 and the Safow logo era registered trademarks of Safew Corporation. WEB PDF • • 6ALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles ss. On June 20, 2006 before me, Gayle C. Kappelman, Notary Public Dam Name and rue of ObIroJ m.q.'.lme Oao, Notary WbW) personally appeared Richard Tesoriero mmem) of slows) ® personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that helsheA" executed the same in his /4e4theic authorized capacity(ies), and that by his /hedtheir signature(s) on the instrument the person(&), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ;/ slaruuno f�Public OPTIONAL GAYLE C. KAPPELMAN Commission )P 16338S4� Go, Notary Public - CaIKtxNa Los Angeles County y Comm. Expires Jan 12, 2010 Though the inibmutlAw below Is not required bylaw, it may prove valuable to persons mJying as the dewment and could lum bet /raudu/ent removal and reattachment arthis hunt to anothordmu meat. Description of Attached Document: Title or Type of Document: Labor & Material Bond #6395811 - City of Newport Beach Document Date: 6/16/06 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signers Name: Richard Tesoriero ❑ Individual Number of Pages © Corporate Officer - Title(s): Vice President ❑ Partner(s) - ❑ Limited ❑ General ❑ Attorney -in -Fad ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Steiny and Company, Inc. Top of Numb here RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE 2007000141640 08:01am 03106107 102 4 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 Steiny and Company, Inc. of Baldwin Park, California, as Contractor, entered into a Contract on June 13, 2006. Said Contract set forth certain improvements, as follows: In- Pavement Lighted Crosswalk on Coast Highway at Orchid Avenue (C -3831) Work on said Contract was completed, and was found to be acceptable on February 27, 2007, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Safeco Insurance Company of America. Director rt Beach VERIFICA I certify, under-penalty of perjury, that the foregoing is true and correct to the best of my knowledge. I Executed on r e D rot ary a7, at Newport Beach, California. BY Alt� �,e�vaoR City Clerk O� n. �CIFUPN�' �P 0 0 • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT -r. Agenda Item No. 7 February 27, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department' Antony Brine 949 - 644 -3329 or tbrine @city.newport- beach.ca.us SUBJECT: IN- PAVEMENT LIGHTED CROSSWALK AT PCH AND ORCHID — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3831 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been- recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond one year after Council acceptance. DISCUSSION: On June 13, 2006, the City Council authorized the award of the In- Pavement Lighted Crosswalk project at PCH and Orchid Avenue, Contract No. 3831, to Steiny & Company, for the total contract bid price of $107,816. The contract provided for the construction of a flashing crosswalk consisting of an in- pavement warning light system, overhead flashing beacons, roadside warning signs, handicap access ramps, and new crosswalk striping. 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: $107,816.00 Actual amount of bid items constructed: $107,816.00 Total amount of change orders: $3,435.89 Final contract cost: $111,251.89 In- Paveloughted Crosswalk at PCH and Orchid - Completis Acceptance of Contract No. 3831 February 27, 2007 Page 2 A change order, in the amount of $3,435.89, resulted from the need for the installation of an additional electrical service. The final overall construction cost including the change-order was 3.2 percent over the original bid amount. Environmental Review: Categorically Exempt under Chapter 3, Article 19, Section 15301, Class 1(c) of the Title 14 California Code of Regulations. This exemption covers minor alteration of existing public highways involving no expansion of an existing use. Public Notice: Not Applicable. Geotechnical /Survey Services: Not Applicable for this project. Funding Availability: Funds for the project were expended from the following accounts: Account Description Flashing Crosswalk (Contributions) Flashing Crosswalk (Transportation & Circulation) Flashing Crosswalk (Gas Tax) Account Number Amount 7251- C5200838 $20,000.00 7261- C5200838 $57,251.89 7181- C5200838 $34,000.00 Total: $111,251.89 All work was completed on January 25, 2007. Prepared by: Antony Brine, P. Principal Civil Engineer Submitted by: Badum s Director • • • CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 am on the 24th day of May, 2006, at which time such bids shall be opened and read for IN- PAVEMENT LIGHTED CROSSWALK ON COAST HIGHWAY AT ORCHID AVENUE Title of Project Contract No. 3831 $83,500 Engineer's Estimate Approved �St'e� " G. Badum u c Works Director PLAN HOLDER LIST AVAILABLE ON CITY WEBSITE http://www.city.newport- beach.ca.us CLICK: • Online Services • Public Works Contracts Bidding Prospective bidders may obtain one set of bid documents for $10 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: "C -10" For further information, call Antony Brine, P.E., Project Manager at (949) 644 -3329 • w CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IN- PAVEMENT LIGHTED CROSSWALK ON COAST HIGHWAY AT ORCHID AVENUE CONTRACT NO. 3831 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 INFORMATION 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 z • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IN- PAVEMENT LIGHTED CROSSWALK ON COAST HIGHWAY AT ORCHID AVENUE CONTRACT NO. 3831 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price; may be received in lieu of the BIDDER'S BOND. The title of the project and the word=_ "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section • • ' 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). Please note, The Davis -Bacon Wage determinations are available at Federal Wage website: htti)://www.qr)o._qov/davisbacon/ca.htmi 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. State license No. 161273 Class A, B. G7 a QW Contractor's License No. & Classification STESN1i' AND COMPANY, INC. Bidder Vice President Authorized Signature/Title • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IN- PAVEMENT LIGHTED CROSSWALK ON COAST HIGHWAY AT ORCHID AVENUE CONTRACT NO. 3831 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, and administrators, agree to be jointly and severally held and firmly bound Newport Beach, a charter city, in the principal sum of Dollars ($ ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of IN- PAVEMENT LIGHTED CROSSWALK ON COAST HIGHWAY AT ORCHID AVENUE, Contract No. 3831 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction �he project within thirty (30) calendar days after the date of the mailing of "Notification of wa d ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bondi uting this Bond as an individual, it is agreed that the death of any such Principal sh�t exonerate the Surety from its obligations under this Bond. executors, heirs to the City of Witness our hands this -day of � 2006 STEINY AND COMPANY, INC. (Princy{i Authorized Signature/Title " J Name of Surely Address of Surety Telephone Authorized Agent Signature Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) THE AMERIOAN INSTITUTE OF AAHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Steiny and Company, Inc. 12907 East Garvey Baldwin Park CA 91706 as Principal, hereinafter called the Principal, and Safeco Insurance Company of America 330 N. Brand Blvd Ste 1000, Glendale, CA 91203 a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto CCU of Newport Beach 3300 Newport Blvd, Newport Beach, CA 92663 -3816 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid Dollars ($ 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for In- Pavement Lighted Crosswalk on Coast Highway at Orchid Ave NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this Noemi 22nd day of (IMtness) 2006 Steiny and Company, Inc. (Principal) By Vice President Vice e) Insurance Comoanv of America A 1 DOCUMENT A310 s B1 BOND • A]A i FEBRUARY 1970 ED. • THE AMERICA\ - -- INS"rrru'r1: Oil ARCH ITECTS, 1735 N.Y. AVE., NA°., WASHio G,rON, D.C. 20006 0-lue) 0 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On May 22, 2006 before me, Noemi Quiroz Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC' personally appeared Edward N. Hackett NAME(S) OF SIGNER($) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/she hey executed the same in his /I,^' 4h& I auleoz authorized capacity(ies), and that by hisA4w /theiF commission 0lazo87B signature(s) on the instrument the person(s), or the _ NoioN Public - Colltomla entity upon behalf of which the person(s) acted, m orange county executed the instrument. MY Comm. FxPtres Jun26.2007 WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑INDIVIDUAL ❑CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTrrY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE jW • • POWER Sal= Insurance Companies ® PO Box 34526 OF ATTORNEY Seattle, WA 98124 -1526 No. 10688 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each e Washington corporation, does each hereby appoint. '**""'"•* *'"'•"'"'MARIA LUISA AGUINALDO; VICTORIA M. CAMPBELL; EDWARD N. HACKETT; JOHN D. MILLER; Santa Ana, California; NOEMI QUIROZ; MICHAEL R. SZOT; Los Angeles, California'' ' its We and lawful attomey(s )-in -fad, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character Issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF .AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 16th December 2005 day of STEPHANIE DA ARY MIKE PETERS PRESIDENT. SURETY CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 'Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President. the Secretary, and any Assistant Virg President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company In the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any Instrument- conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or In any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking.' Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. 'On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (II) A copy of the power -of- attorney appointment, executed pursuant thereto, and (fil) Certifying . that said power- of- attomey appointment Is in full force and effect, the signature of the certifying officer maybe by facsimile. and the seal of the Company maybe a facsimile thereof.' I, Stephanie Daley- Walson . Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE .COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 22nd sEAL cow w SEAI s 1953 �A�� lsy� �oraftstNF" '�3lea�mtF S- 0974fDS 4105 day of May 1 2006 STEPHANIE DALEY- WATSON, SECRETARY Safem9 and Ina Salem logo era regl5tarad IrodemaAs of Salem Owporallon. WEB POF 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss. County of _Riverside On\""Y`c1l1._�beforeme, Shawn R. Bradfield, Notary Publi \� B� Namo eM Pal W OHkel (al. 'J Dal. Ndnry Puhfc) personally appeared Richard Tesoriero Marne.) al sip.q.l SHAWN R. BRADFIELD _ Commisslon # 1416751 -c Notary Public - California Riverside County My Comm. Expires May 9, 2W 7 6M personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(', whose name(() islara subscribed to the within instrument and acknowledged to me that helsheRhey executed the same in his /herAheir authorized capacity(tes), and that by hislherA heir signature($) on the instrument the person(s), or the entity upon behalf of which the personN acted, executed the instrument. WITNESS my hand and official seal. I sgnamlc d 1+Na<v w9tic OPTIONAL Though the tnfomlation below Is not required by law,, it may prove valuable to persons retying on the document and Could pmvent fraudulent removal and mattachment of This tone to another domoneni. Description of Attached Document Title or Type of Document: \.b (i 'l1[��i{,�Y lC ".l_. Document Date: 1,1 0^0 `` ``a )I ]u� �N�umber of Pages: Signer(s) Other Than Named Above: ELI ba i�! tti 1 � n:6 LCO Capacity(ies) Claimed by Signer Signer's Name: Richard Tesoriero RIGMTNUMBPRINT OF SIGNER Individual )?PCorporate Officer— Title(s): Vice President ❑ Partner — O Limited ❑General ❑ Attorney -in -Fact Trustee G Guardian or Conservator Other: Signer Is Representing: Steiny and Company, INC. 91899 Nallaml Nobry Aso - t • 9999 Da Sob Ava.. P.O, Sax N92 • C6=N anh. CA 91910.2402 • wmvneSO�xlno- yy.o�9 PM Nw `+90'! noortlar. Cal Tot -Fam 1- 806870a027 M 0 O O0D sd 0. 4! 0 O a. a a U �r iw r=1! a O U U W O O U V--1 O i W C/) 0 M N O Y C 0 d u Es7 C4 W Q O U 0 7_ w O F Q C:l F U w d z b R 1(j b hl G\ Q U O C. y LO U V O� 4.. y � O C O r11 � V `o w u F w y UJ ar-)� cn �j w e i y bD O U N 0 0 GO O: - O 3 Z) w G i Q i+ w �I u u L Q Q i 0 O a O O �O N � a Q a °O 6, N 0 U d E M C CD� w. F O M GJ �-1 7 O N O a N O ^' O 5 0 M N O Y C 0 d u Es7 C4 W Q O U 0 7_ w O F Q C:l F U w d z b R 1(j b hl G\ Q U O C. y LO U V O� 4.. y � O C O r11 � V `o w u F w y UJ ar-)� cn �j w e i y bD O U N 0 0 GO O: - O 3 Z) w G i Q i+ w �I u u L Q Q i 0 �4t p Q U it 0 a O N � u O � � r U U wo y U z z U dJ C U V Y is �7 V O N 03 w v >1 F o r~ 0 f1 O O 3 U rig y U 7 n Ci y LLL L� .9 L O X u C O L 7 �I w O u C U r O V W L h V Q. GJ U Y 0 O C 0 W O C O .O C A k U Cd O w U r0- O N w 0 y U U C Vi v c N 7 a CVB c 0 z N O L C3 y R a c0i y o� F cn O O N v� O a �O Ca C CD� w. F O M GJ 7 Mi N O a N O ^' O 5 �4t p Q U it 0 a O N � u O � � r U U wo y U z z U dJ C U V Y is �7 V O N 03 w v >1 F o r~ 0 f1 O O 3 U rig y U 7 n Ci y LLL L� .9 L O X u C O L 7 �I w O u C U r O V W L h V Q. GJ U Y 0 O C 0 W O C O .O C A k U Cd O w U r0- O N w 0 y U U C Vi v c N 7 a CVB c 0 z N O L C3 y R a c0i y o� F cn O O N v� O 0 / \ » ~ / ) \ / / § \ m ) / } § ± \ P /2 /U » \ \/ \9 \ \ j \ / 7 u ° ) k \\\ \ /&f °U) < o 2* m m u o 2 3) \ 2 A\ /» CLI / s ■ / k 424 ■ 2 a § U � ■ � A § 0 U 0 \/ \ ) :» 3 % / a «og ( / \ /[- El 3 \a §E\ (0{ 3J/ 2 k % � � \ \ k § CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IN- PAVEMENT LIGHTED CROSSWALK ON COAST HIGHWAY AT ORCHID AVENUE CONTRACT NO. 3831 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: PMoA CD,mlrudw, 3) 5 (� I(,OUd w o f Address: Phone: State License. Number: Name: Address: Phone: Slate License Number: Name: Address: Phone: State License Number: STEIM AND COMPANY, INC. Vice President Bidder Authorized Signatureffitle CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IN- PAVEMENT LIGHTED CROSSWALK ON COAST HIGHWAY AT ORCHID AVENUE CONTRACT NO. 3831 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name STEINY AND COMPANY, INC. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number SU -' A40,CAUd, 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 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 To: Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 4 Project Name /Number • Project Description Approximate Construction Dates: From To: Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name /Number Project Description Approximate Construction Dates: From To: Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 0 No. 6 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: 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. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Bidder STFARY AND COMPAM INC. �— Vice President 10 Authorized Signature/Title • Major construction projects in progress as of this date: Owner Project Location Valuation Contact Person Telephone No. Owner Project Location Valuation Contact Person Telephone No. Owner Project Location Valuation Contact Person Telephone No. Owner Project Location Valuation Contact Person Telephone No. Owner Project Location Valuation Contact Person Telephone No. Owner Project Location Valuation Contact Person Telephone No. r�L Alameda Corridors East (323) 980 -2504 Construction projects completed as of this date: of 1,091,488.00 Jim Harris or Rick Jay (909) 477 -2700 More Available upon Request • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IN- PAVEMENT LIGHTED CROSSWALK ON COAST HIGHWAY AT ORCHID AVENUE CONTRACT NO. 3831 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of l s� � 5 , Richard Tesoriero being first duly sworn, deposes and says that he or -skis is Vice President of c.ASV n.wrn nnsrrt AW =, 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 penally of perjury of the laws of the State of California that the foregoing is true and correct. Bidder STFAN1' AND COMPANY, INC: /� Vice President Authorized Signature/Title Subscribed and sworn to (or-affirmed) before me on this �3NC� day of 12006 by T ichaA & TLow I u o , personally known t the -basis-of-satisfactory-evidsase to be the personN) who appeared before me. SHAWN R. 8 FIELD _ 0My CommLsslon # 1416751 [SEAL Notary PubBc • California RNerslde County comm. Expires May 9, 2007 11 1 � Notary Public My Commission Expires: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IN- PAVEMENT LIGHTED CROSSWALK ON COAST HIGHWAY AT ORCHID AVENUE CONTRACT NO. 3831 DESIGNATION OF SURETIES Bidders name STESNY AND COMPANy, INC. 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): L I GAd1iL j C-A q 17 D zl.3 ,wr7 12 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IN- PAVEMENT LIGHTED CROSSWALK ON COAST HIGHWAY AT ORCHID AVENUE CONTRACT NO. 3831 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name STFMFx AND COMPANY, mrC. Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Current Record Record Record Record Record Yearof for for for for for Record 2005 2004 2003 2002 2001 Total 2006 No. of contracts q 31, 3 5 bU M NqO Total dollar Amount of Contracts (in Thousands of $ M 504 bbd lolon 3,11,3Lo No. of fatalities I No. of lost Workday Cases ! ff b I f5 q No. of lost workday cases involving permanent transfer to another job or termination of employment -e- —! 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 • STEINY AND COMPANYs INC. Legal Business Name of Bidder 12907 East Garvey Avenue Business Address: ' '6 'Wax$1 ®ald�. Park, CA 917060993 Business Tel. No.: %&:;381992.3 State Contractor's License No. and State License No. 161273 Classification: aa� a. B. W & GAD Title The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title 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 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Riverside I ss. 0 On `'C Ql d3, otU1LD before me, Shawn R. Bradfield, Notary Publi 1. OaT— aM RJe d Izvl (a Jam Ox. Pubkj personally appeared Richard Tesoriero and Gayle iCappe"ii an SHAWN R. BRADFIELD amy Commisslon # 1416751 Notary Public - callfornla R verside county Comm. Expires May 9.2007 Namale) d s�gneKq personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) - islare subscribed to the within instrument and acknowledged to me that helahelthey executed the same in hmsith r /their authorized capacity(ies), and that by hisPher /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. o r CU 5lg .t 0 Nma' P „nry. OPTIONAL Though the information below is not required by law. It may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this to= to another document. Description of Attached Document TiBe or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: %one Capacity(ies) Claimed by Signer Signer's Name: Richard Tesoriero /Gayle Kappelman D Individual Tap of thumb hem )CCorporate Officer — Title(s): Vice President /Secretary D Partner —D limited 0General D Attomey -in -Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: Steiny and Company, Inc. 0 1 893 Naticm NO Agaomlbn • 9350 ea 4 A, ,. P.O. Boa 2402 • cMU rah. CA 913132 • r-wx0gae ,Wg Nw. No.1W NBgiJU. W T WM 1.900.9369920 • STEINY AND COMPANY, INC. Certification by Secretary of Corporate Resolution 0 At the meeting of the Directors of Steiny and Company; Inc., a corporation organized and existing under the laws of the State of California, duly called and held in accordance with the articles of incorporation and bylaws of the corporation at its office on January 10, 2005 at which a quorum of the directors were present the following resolution was adopted to wit: Resolved, that: Chairman of the Board President and Treasurer Chief Financial Officer Vice President Vice President Vice President Vice President Secretary J.O. Steiny Susan Steiny Vincent P. Mauch Robert M. Owens Willie B. Hadley Walter E. Johansen III Richard Tesoriero Gayle C. Kappelman Are hereby authorized to sign contracts /agreements in the name of and on behalf of Steiny and Company, Inc. I Gayle C. Kappehnan, Secretary of Steiny and Company, Inc., do hereby certify that I am the Secretary of Said corporation and that the above is a full, true, and correct copy of a resolution of the Board of Directors of said corporation, duly adopted at the meeting held on January 10, 2005 and that said resolution has not been revoked or rescinded. In witness whereof, I have hereunto subscribed my name and affixed the seal of said corporation. 'q"� ✓_ e--7 � "-!p, Gayl C.C. Ka, Secretary • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IN- PAVEMENT LIGHTED CROSSWALK ON COAST HIGHWAY AT ORCHID AVENUE CONTRACT NO. 3831 ACKNOWLEDGEMENT OF ADDENDA Bidders name STEnW AND COMPANY, INC. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature' 15 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IN- PAVEMENT LIGHTED CROSSWALK ON COAST HIGHWAY AT ORCHID AVENUE CONTRACT NO. 3831 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: STEINY AND COMPANY, INC. P.O. Box 8100 nue Business Address: 993 Telephone and Fax Number: 620-33$9923 626- 338 -8343 California State Contractor's License No. and Class: state License No. 161273 (REQUIRED AT TIME OF AWARD) Class A, B, Cal, & rcW- Original Date Issued:( Y% 11,1,Lgf b Expiration Date: List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: 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 Chairman 10. stagny Pr niftnt Ciiagn Vtga ay 'Ace Nesldent R!cr:ard T�%.0tavn IkerpYarY Gavle C. yt,,rxwc7r%an Corporation organized under the laws of the State of 1 (i 1af DAf1 I Ll, 16 • • The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: !) I n All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: 011:4 For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the ownerlagency? If so, explain. C] Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for lab�� compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / o Are any claims or actions unresolved or outstanding? Yes QO 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. _D . (Print name of O er or President of Corpor Company) STEMY AND COMPANy, INC. Bidder Authorized Signature/Title Vl ^a President Title Subscribed and sworn to (er-effir+fted) before me on this a 1L�day of .2006 by 4U hQX & �1f1bY I uro personally known to me oFpgwad -t .mesa the - basis- �sfastoFy_euidenee to be the personN who appeared before me. SHAWN R. BMFIELD _ CommWon # 1416751 Notary Public - California Riverside County OMY ISEAL] Comm. Expires May 9.2007 ku i 'Notary • 1 My Commission Expires:mnaa,(}�� California Business Search is • Page 1 of I C.all�f�or�nlia ; us�iness Portal c Ina A?St4Fte 8R;U;CE \- IcPHERSON DISCLAIMER: The information displayed here is current as of MAY 26, 2006 and is updated weekly. It is not a complete or certified record of the Corporation. Blank Fields indicate the information is not contained in die computer tile. 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. http:// kepler. ss. ca. gov/ corpdata/ ShowAIlList ?QueryCorpNumber= CO320336 &printer —yes 05/31/2006 Corporation STEMY AND COMPANY, INC. Number: C0320336 Date Filed: 5/8/1956 Status: active Jurisdiction: California Address 27 SHERIDAN ST VALLEJO, CA 94590 Agent for Service of Process SUSAN STEINY 27 SHERIDAN ST 11VALLEJO, CA 94590 Blank Fields indicate the information is not contained in die computer tile. 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. http:// kepler. ss. ca. gov/ corpdata/ ShowAIlList ?QueryCorpNumber= CO320336 &printer —yes 05/31/2006 License Detail 1* • Page 1 of 2 License Detail CALIEORNIA CONTRACTORS STATE_LICEN: Contractor License # 161273 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: 05/31/2006 * * * Business Information * * * STEINY AND COMPANY INC P O BOX 74901 LOS ANGELES, CA 90004 Business Phone Number: (213) 382 -2331 Entity: Corporation Issue Date: 07/01/1956 Expire Date: 05/31/2007 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications * * * Class Description FA GENERAL ENGINEERING CONTRACTOR C10 ELECTRICAL C -7 LOW VOLTAGE SYSTEMS © GENERAL BUILDING CONTRACTOR http:/h vww2. cslb. ca. gov/ CSLB_LIBRARY /License+Detail.asp 05/31/2006 License Detail • ® Page 2 of 2 * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 6253061 in the arr $10,000 with the bonding company SAFECO INSURANCE COMPANY OF AMERICA. Effective Date: 02/14/2004 Contractor's Bonding History. BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) St. STEINY certified that he/she owns 10 percent or more of the voting stock/equity of the corl A bond of qualifying individual is not required. Effective Date: 10/02/1992 BOND OF QUALIFYING INDIVIDUAL(2): The Responsible Managing Officer (RMO) J, OLERICH STEINY certified that he/she owns 10 percent or more of the voting stock/equit. corporation. A bond of qualifying individual is not required. Effective Date: 07/01/1956 BOND OF QUALIFYING INDIVIDUAL(3): This license filed Bond of Qualifying Individual 1 6239891 for WILLIAM BERNARD HADLEY in the amount of $7,500 with the bonding cor SAFECO INSURANCE COMPANY OF AMERICA. Effective Date: 02/14/2004 BQI's Bonding History * * * Workers Compensation Information * * * This license has workers compensation insurance with the TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA Policy Number: RTC2JUB5642B69ATIL05 Effective Date: 07/01/2005 Expire Date: 07 /0, Workers Compensation History. Personnel listed on this license (current or disassociated) are listed on other licer 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 Policy http: / /www2.cslb.ca.gov /CSLB LIBRA RY /License+Detail.asp 05/31/2006 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IN- PAVEMENT LIGHTED CROSSWALK ON COAST HIGHWAY AT ORCHID AVENUE CONTRACT NO. 3831 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 U CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT • IN- PAVEMENT LIGHTED CROSSWALK ON COAST HIGHWAY AT ORCHID AVENUE CONTRACT NO. 3831 CONTRACT THIS AGREEMENT, entered into thisl3th day of� ' 2006, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and STEINY AND COMPANY, INC., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: IN- PAVEMENT LIGHTED CROSSWALK ON COAST HIGHWAY AT ORCHID AVENUE Contract No. 3831 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, Bidders 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. 3831, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 20 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of One Hundred Seven Thousand, Eight Hundred Sixteen and 001100 Dollars ($107,816.00). 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: Antony Brine, P.E. (949) 644 -3329 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: Steiny and Company, Inc. 12907 East Garvey Avenue Baldwin Park, CA 91706 -0993 626- 338 -9923 626 -338- 8343(Fax) Contractor, by executing this Contract, "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 • • insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto' and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project /location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 22 • • 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages i. 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. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 i 9 K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. CITY CLERK APPR VED AS TO FORM: ACARION C. HARP Assistant City Attorney Oki CITY OF NEWPORT BEACH A Municipal Corporation rpora Mayor CONTRACTOR (Corporate. Officer) Title: Vice President Print Name: Richard Tesoriero By' (Financial Officer) Title: Chief Financial Officer Print Name: Vincent Mauch Executed in Four Counterparts CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IN- PAVEMENT LIGHTED CROSSWALK ON COAST HIGHWAY AT ORCHID AVENUE CONTRACT NO. 3831 BOND NO. 6395811 FAITHFUL PERFORMANCE BOND 'The premium charges on this Bond is $ 755,00 being at the rate of $ 7.00 /0 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of Calffomia, by motion adopted, awarded to STONY AND COMPANY, INC., hereinafter designated as the 'Principal", a contract for construction of IN- PAVEMENT LIGHTED CROSSWALK ON COAST HIGHWAY AT ORCHID AVENUE, Contract No. 3831 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. 3831 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; - NOW, THEREFORE, we, the Principal, and 5,feco insurance Company of America duly authorized to transact business under the laws of the State of California as Surety (hereinafter 'Surety'), are held and firmly bound unto the City -of Newport Beach, in the sum of One Huhdred Seven Thousand, Eight Hundred Sixteen and 001100 Dollars ($107,816.00) lawful money of the United Slates 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, fall 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 altaretion' 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 vold. 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 16th day of 3une .2006. ' STEINY AND COMPANY, INC. (Principal) Safeco Insurance Company of America Name of Surety 330 N. Brand Blvd Ste 1000 Glendale. CA 91203 Address of Surety (818.) 956 -G338 Telephone Aulhorized SigngitureMitle C fe ' - a ro, Vlco p osidolit� AutilorWAgant Signature Edward N. Hackett, Attorney-in-Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 • • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles ss. On June 20, 2006 before me, Gayle C. Kappelman, Notary Public Dal. Name and TWO of Olgcer (e.g. 9ane Don. Nobly POW) personally appeared Richard Tesoriero Nam.(s)ol5pneda) ❑x personally known tome. ❑ 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 /skeAhey executed the same in his(he><Ahe'Ir authorized capacity(ies), and that by his /hedth& signature(G) 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. GAYLE C. ItAFiil Cortmbgon t! i615IpI Now ROIL - Cavamla 101 AMR CotrM11 Nomry Pug, OPTIONAL Though the Information below is not required by law, it may prove valuable to persons reVng on the document and couldpmvent rreudulent removal and reattachment of this form to another document. Description of Attached Document: Title or Type of Document: Performance Bond #6395811 - City of Newport Beach Document Date: 6/16/06 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signers Name: Richard Tesoriero Number of Pages ❑ Individual ® Corporate Officer - Title(s): Vice President ❑ Partner(s) - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Steiny and Company, Inc. CA - LITORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On June 16. 2006 before me, Noemi Quiroz, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE. NOTARY PUBLIC- personally appeared Edward N. Hackett NAME(S) OF SIGNER(S) ® personally known to me - OR - IN 9UIROZ �- Commission # ) 420878 Notary Public - California Orange County MYC plres Jun 26, 20i ❑ proved to me on the basis of satisfactory evidence the person(s) whose name(s) islaFe subscribed to the within instrument and acknowledged to me that helsbelthey executed the same in his /he9them authorized capacity(ies), and that by his/heF /t#& signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Wl�my hand and official seal. SIG ATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuableto persons relying . on the document and could prevent fraudulent reattachment o(lhis tvm. CAPACITY CLAIMED BY SIGNER ❑INDIVIDUAL ❑CORPORATE OFFICER rITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONIS) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S). OTHER THAN NAMED ABOVE rt _ • • - POWER OF ATTORNEY No. KNOW ALL BY THESE PRESENTS: 10688 Safeco Insurance Companies PO Box 34526 Seattle, WA 98124 -1526 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation. does each hereby appoint " '' ' ' "I - ' MARIA LUISA AGUINALDO; VICTORIA M. CAMPBELL; EDWARD N. HACKETT; JOHN D. MILLER; Santa Ana, California; NOEMI QUIROZ; MICHAEL R. SZOT; Los Angeles, California.." ."'" *"""*" "•" ""' its true and lawful attorrey(s }in -fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 16th December 2005 day of — STEPHANIE DALPY- WA7SON SECRETARY MIKE PETERS, PRESIDENT, SURETY CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY -.OF AMERICA: 'Article V. Section 13. - FIDELITY AND SURETY BONDS.... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character Issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking.' Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28. 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company selling out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (ili) Certifying that said power -of- attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley- Watson . Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, am true and Correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation JUN 1 6 2006 this day of �t10E CO4pgy` Cf COAIp¢Y oa�R4r 2, O i 3y CORPOR14E t SEAL � W SEAL y �S �IVA5 '" � Cof `g STEPHANIE DALEY- WATSON, SECRETARY Safeco,a and the Sateco logo are registered trademarks at Seim Corporation. S-09741DS 4105 WEB PDF • • A CORD CERI [FICATE QF LIABILYI Y INSURANCE DA06 /21/06Y� PRODUCER Ao0 Risk services, Inc Of So CA insurance Service 1901 Main Street THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS Suite 300 CERTIFICATE DOES NOT AAI END. EXTEND OR ALTER THE Irvine CA 92614 USA COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE PIIONE 949 608 -6300 FAN-(949) 608 -6451 INSURED INSURER A: Travelers Property cas co of America INSURER e: Steiny and Company, Inc. PO BOX 8100 INSURER C: 12907 E. Garvey Avenue Baldwin Park CA 91706 -0093 USA INSURER U: INSURER L COVERAGES. This CO(lI llE iC i9 noninten&d4o < ecir za11.endonments: covcra c5. tcnns, conditionaund uclusions Orthe )olicicsshowJL: TI IE POLICIES OF INSURANCE: LISTED BEI.C)W 1IA V EREEN ISSUED TO TI Jr. INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NO'RYITHSTANDING ANY REOUIREMENT.'IERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO W111CII n iiS CERTIFICATE YIAY BE ISSUr:D OR MAY PERTAIN.'I'HE INSURANCE AFFORDED BY 'I FIE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALI. TIIE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSL RANGE POLICY NUMBER POLICY F-FFEC'I I1'F nATI.(M.%FDn%YV) POLICY EXPIRATION OATE(MMIUDW`Y) I.IMI'rS • C.ENXL LLIABILITY RTC21CO5642B707TIL05 07101105 07/01/06 EACH OCCURRENCE 51,000,000 FIRE DAMAGRAny oms lim: $100,022 X COMMERCIAL OENERAL LIABILITY MEDIiXP(AA)Uma M..) $5,000 CLAIMSMADE X] OCCUR PERSONAL @ADV INJURY 51,00D,000 GENERALAGGREGATE $2,000,000 GENT. AGGREGATE LIM ITAPPLIFSPF.R: PRO - POLICY ED IE ❑ LOC LT PRODUCIS- COMPIOPAGG $2,002,000 • AUTOMOBILE X LIABILITY ANY AUTO RTC23- CAP - 56428719 - TIL -05 RTJ- BAP - 56428720- TIL -05 07/01/05 07/01/06 COMBINED SINGLD LIMIT W,., idem) 11,000,000 HOI LY INJURY ALL OWNED AUTOS SCHEDULED AUTOS I Pe( PaHIN OODILY INJURY X HIRED AUTOS X NON OWNED AUTOS IPO UCidcnB PROPERTY DAMAGE IPa ucidnnl DARACF- LIABILITY AUTO ONLY . EA ACCIDENT GTHER'I'RAN EA ACC ' ANY AMID AUID ONLY: ncG EXCESS LIABILITY EACH OCCURRENCE AGGREGATF- OCCUR ❑ CIAIMSMAnF. DEDUCTIBLE RETENTION A \ \'ORNi.RS C011PEN5.(TION AND EMPL01'ERS' LL\OILII'1, RTC23- US-S642869A- TIL-05 07/01/05 07/01/06 X ll. STAT1/. TORY IM1IIT$ 0TH, RR EL.EACHACCIDENT 51,000,000 EL-DISEASE-POLICY LIMIT $1,000,000 E.1.DISE1SU -11A EMPLOYEE 51,000,000 OTHER pF.S(:RII'T10N IF DI. 6RA' 1' IONS�LOCAi 'InNYVEH11.lYgF_SL'LUXI(INX AIDED HY ENUDRSEMENI'lSPECIAL PROI'ISIONS City of Newport Beach, . its officers, agents officials, employees and volunteers are additional insureds. Re: Job #4946 - in Pavement Lighted Crosswalk on Coast Highway at Orchid Avenue. GL & Auto endorsement and WC waiver attached. CERTIFICATE HOLDER - " -- - ' "- CANCELGA'l1O?1 City Of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 -8915 USA SHOULD ANY OF THEAUOVU DESCRIBED POLICIES HE CANCELLED BEFORE THE EXPIRATION DATE TIIEREOF.THE ISSUING. COMPANY WILL ENDEAVOR40 MAIL 60 DAYS WRITIP. NNO' ITCETD' IIIECERnFICATE FIOI.DF.RNAMEDTOTIIELLPT. BUT.FAILUR&T —DOI. 1.6" P044Wf 086MAT10NOR- 61AB161i (4'v1NY- RINOUYON- iR &GOMM?L rRS + \6EFTF.( >R.REPRLiSE`ITAI'IVES, r- AUTHORIZED RF.PHFSEN'I'A'I'R'E D. d- 97. _._ - - -_ .- -_ -- _ -__. _— .___ -_ - -, I _ -- RD CORPORA-TJOM c e r 9 U 9 L� m rn O O v n L V U M • • COMMERCIAL GENERAL LIABILITY POLICY NUMBER: RTC2JC05642B707TIL05 ISSUE DATE: 06/22/06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY - CONTRACTORS COVERAGE PART 6- .1:19l9l4q NAME OF PERSON(S) OR ORGANIZATION (S): City of Newport Beach, its officers, agents, officials, employees and volunteers are additional insureds. Re: Job #4946 - In Pavement Lighted Crosswalk on Coast Highway at Orchid Avenue. 1. WHO IS AN INSURED - (Section II) is amended to include the person or organization shown in the Schedule above. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The person or organization is only an additional insured with respect to liability caused by "your work" for that additional insured at the location shown in the Schedule. 2. The insurance provided to the additional insured is limited as follows: a) In the event that the limits of liability stated in the policy exceed the limits of liability required by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought, the insurance provided by this endorsement shall be limited to the limits of liability required by such contract or agreement. This endorsement shall not increase the limits stated in Section III - LIMITS OF INSURANCE. b) The insurance provided to the additional insured does not apply to "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of an architect's, engineers or surveyor's rendering of or failure to render any professional services including: I. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and II. Supervisory or inspection activities performed as part of any related architectural or engineering activities. c) This insurance does not apply to "bodily injury" or "property damage" caused by "your work" included in the "products-completed operations hazard" unless you are required to provide such coverage for the additional insured by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought and then only for the period of time required by such contract or agreement and in no event beyond the expiration date of the policy. 3. Subpart (1 )(a) of the Pollution exclusion under Paragraph 2., Exclusions of Bodily Injury and Property Damage Liability Coverage (Section I - Coverage) does not apply to you if the "bodily injury" or "property damage" arises out of "your work" performed on premises which are owned or rented by the additional insured at the time "your work" is performed. 4. Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the CG D2 47 10 02 Copyright, The Travelers Indemnity Company Page 1 of 3 COMMERCIAL GENERAL LIABILITY additional insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought specifically requires that this insurance apply on a primary or non - contributory basis. When this insurance is primary and there is other insurance available to the additional insured from any source, we will share with that other insurance by the method described in the policy. 5. As a condition of coverage, each additional insured must: a.) Give us prompt written notice of any "occurrence" or offense which may result in a claim and prompt written notice of "suit ". b.) Immediately forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with policy conditions. c.) Tender the defense and indemnity of any claim or "suit" to any other insurer which also insures against a loss we cover under this endorsement. This includes, but is not limited to, any insurer which has issued a policy of insurance in which the additional insured qualifies as an insured. For purposes of this requirement, the term "insures against" refers to any self- insurance and to any insurer which issued a policy of insurance that may provide coverage for the loss, regardless of whether the additional insured has actually requested that the insurer provide the additional insured with a defense and/or indemnity under that policy of insurance. d.) Agree to make available any other insurance that the additional insured has for a loss we cover under this endorsement. Page 2 of 3 Copyright, The Travelers Indemnity Company CG D2 47 10 02 • COMMERCIAL AUTO 0 POLICY NUMBER: RTC2J- CAP- 5642B719 -TIL -051 RTJ- BAP - 56428720 - TIL -05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Paragraph c. of the WHO IS AN INSURED provision includes the person or organization 1 . No liability is assumed by that person or indicated below, but only for his, her or its organization for the payment of any liability because of acts or omissions of an premiums stated in the policy or earned "insured" under paragraphs a. or b. of that under the policy. provision, subject to the following additional 2. In the event of cancellation of the policy, provisions: written notice of cancellation will be mailed by us to that person or organization. Person or Organization: City of Newport Beach, its officers, agents, officials, employees and volunteers are additional insureds. Re: Job #4946 - In Pavement Lighted Crosswalk on Coast Highway at Orchid Avenue. CA T3 01 01 87 Page 1of 1 • POLICY NUMBER: RTC2J- UB- 5642B69A- TIL -05 • WORKERS' COMPENSATION AND EMPLOYERS LIABILITY POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE DESIGNATED PERSON: any person or organization for whom the named insured has agreed by written contract executed prior to loss to furnish this waiver. DESIGNATED ORGANIZATION: any person or organization for whom the named insured has agreed by written contract executed prior to loss to furnish this waiver. WC 00 03 13 (00) Page 1 o 1 JUN -26- 2006(09::30/: FROM:: 7•C' TO49496943318 P.1 /1 Fax* CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. y� Date Received: &&,2/0,6 Dept. /Contact Received From: " h6W M ' L/G &, L/ ,I Date Completed: 6 Sent to: Yl 11 UrA 010AA Le Company/Person required to have certificate: C j� l a �(�l l/ r2A/Lt j I. GENERAL LIABILITY — 7N A. INSURANCE COMPANY: LEN B. AM BEST RATING (A: VII or greater): " - C. ADMITTED Company (Must ba California Admitted): Is Company admitted in California? Yes No D. LIMITS (Must be $110 or greater): What is limit provided? / a 4i E. PRODUCTS AND COMPLETED OPERATIONS (Must Include): Is it included? Yes ❑ In 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 1. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. U. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: B_ AM BEST RATING (A: VII or greater): C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted In California? Yes / ❑ No W 0. LIMITS (Must be $1 M min. BI & PD and $500,000 UM): What is limits provided? 1 .,.1 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 or y): Is it included? &) Pr ❑ Yes 0 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. Ill. WORKERS' COMPENSATION r n A. INSURANCE COMPANY: 7Va V,&1P -f w/%Zr v cam c..4 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? es ❑ No IF NO. WHICH ITEMS NEED TO BE COMPLETED? • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL IN- PAVEMENT LIGHTED CROSSWALK ON COAST HIGHWAY AT ORCHID AVENUE CONTRACT NO. 3831 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. 3831 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization @ Dollars and Cents $ 10 Per Lump Sum 2. Lump Sum Traffic Control and Lane Closure @ Dollars and Cents $ bbU Per Lump Sum 3. Lump Sum Removal and Disposal @ Dollars and na Cents $ 50C) Per Lump Sum • • Page 2 of ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum In- pavement Lighted Crosswalk System @ Dollars and v� 0 Cents Per Lump Sum �— 5. Lump Sum Construct PCC Curb Ramps and Sidewalk @ Dollars and n Cents $ r Per Each 6. Lump Sum Traffic Signing and Striping @ Dollars and 00 Cents $ 535 Per Lump Sum TOTAL PRICE IN WRITTEN WORDS and Cents 62&3389923 626 - 338 -8343 Bidder's Telepho�s and F8 Numbers State License No:16127 Gass A, B, G7 &C-10 Bidder's License No(s). and Classification(s) Dollars Total Price (Figures) sTEINY AND COMPANY, INC. Bidder Vice President Bidder's Authorized Signature and Title STEINY AND COAIPANYr INC. 12907 East GaftSy euan119 Bidder's Address P.O. Box 8100 Baldwin Park, CA 91706-0993 • PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS IN- PAVEMENT LIGHTED CROSSWALK ON COAST HIGHWAY AT ORCHID AVENUE CONTRACT NO. 3831 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 1 2 -6 WORK TO BE DONE 1 2 -9 SURVEYING 1 2 -9.6 Survey Monuments 1 SECTION 3 CHANGES IN WORK 2 3 -3 EXTRA WORK 2 3 -3.2 Payment 2 3 -3.2.3 Markup 2 SECTION 4 CONTROL OF MATERIALS 2 4 -1 MATERIALS AND WORKMANSHIP 2 4 -1.3 Inspection Requirements 2 4 -1.3.4 Inspection and Testing 2 SECTION 5 UTILITIES 3 5 -1 LOCATION 3 5 -2 PROTECTION 3 5 -8 SALVAGED MATERIALS 3 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 3 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 3 6 -7 TIME OF COMPLETION 3 6 -7.1 General 3 6 -7.2 Working Days 4 6 -7.4 Working Hours 4 • • 6 -9 LIQUIDATED DAMAGES 4 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 5 7 -8.6.1 Best Management Practices and Monitoring Program 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 6 7 -10.1 Traffic and Access 6 7 -10.2 Storage of Equipment and Materials in Public Streets 6 7 -10.3 Street Closures, Detours, Barricades 6 7 -10.4 Safety 7 7- 10.4.1 Safety Orders 7 7 -10.5 "No Parking" Signs 7 7 -15 CONTRACTOR LICENSES 7 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 8 SECTION 9 MEASUREMENT AND PAYMENT 8 9 -3 PAYMENT 8 9 -3.1 General 8 9 -3.2 Partial and Final Payment 9 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 9 201 -1 PORTLAND CEMENT CONCRETE 9 201 -1.2 Concrete Specified by Class 9 207 -1.6 Matching Concrete 9 SECTION 203 BITUMINOUS MATERIALS 10 203 -1 PAVING ASPHALT 10 203 -1.1 General 10 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 10 300 -1 CLEARING AND GRUBBING 10 300 -1.3 Removal and Disposal of Materials 10 300 -1.3.1 General 10 300 -1.3.2 Requirements 11 300 -1.5 Solid Waste Diversion 11 • • SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 11 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 11 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 11 303 -5.1 Requirements 11 303 -5.1.1 General 11 303 -5.5 Finishing 11 303 -5.5.1 General 11 303 -5.5.2 Curb 11 303 -5.5.4 Gutter 12 SECTION 310 PAINTING 12 310 -5 PAINTING VARIOUS SURFACES 12 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 12 310 -5.6.6 Preparation of Existing Surfaces 12 310 -5.6.7 Layout, Alignment and Spotting 12 310 -5.6.8 Application of Paint 12 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 13 312 -1 PLACEMENT 13 SECTION 86 SIGNALS, LIGHTING, AND ELECTRICAL SYSTEMS 13 86 -1 GENERAL 13 86 -1.01 Description 14 86 -1.04 Equipment List and Drawings 14 86 -1.05 Warranties, Guarantees, and Instruction Sheets 14 86 -1.07 Scheduling of Work 15 86 -2 MATERIALS AND INSTALLATION 16 86 -2.01 Excavating and Backfilling 16 86 -2.03 Foundations 16 86 -2.04 Standards, Steel Pedestals, and Posts 17 86 -2.05 Conduit (PVC) 17 86 -2.06 Pull Boxes 17 86 -2.08 Conductors 18 86 -2.09 Wiring 18 86 -2.10 Bonding and Grounting 18 86 -2.11 Service 18 86 -2.14 Testing 19 0 0 86 -3 CONTROLLER ASSEMBLY 86 -3.04 Controller Cabinets 86 -4 TRAFFIC SIGNAL FACES AND FITTINGS 86 -4.02 Light Emitting Diode Signal Module 86 -4.09 Flashing Beacons 86 -5 DETECTORS 86 -5.02 Pedestrian Push Button Assemblies Last saved by tbdne04 /20/2006 2:32 PM f: \userstpbw \ahtimdlcontmcts%6, 05- 06Uightcd crosswalk pch at orchid c- 383I\spccs index c -3S3 Ldoe 19 19 20 20 20 20 20 E • SP 1 OF 20 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS IN- PAVEMENT LIGHTED CROSSWALK ON COAST HIGHWAY AT ORCHID AVENUE CONTRACT NO. 3831 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. T- 5955 -S (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements; (5) Standard Specifications and the Standard Plans of the State of California. Department of Transportation (2002 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 and the Standard Specifications and the Plans of the State of California. Department of Transportation 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 furnishing all labor, materials, tools, equipment, appurtenances and incidentals for construction of pedestrian ramps, traffic striping and markings, roadside signs, in- pavement warning lighted crosswalk system and appurtenant work, all as detailed on the plans and special provisions." 2 -9 SURVEYING 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 • i SP2OF20 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 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. Submittals are required for all construction material. 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 • • SP 3 OF 20 failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -1 LOCATION. Add the following after the 3`d paragraph: "upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." 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 -8 SALVAGED MATERIALS. The Contractor shall salvage all materials and equipment as shown on the plan, and as required by the City. 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 Operations Manager, 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." No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the 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 60 consecutive working days after the date on the Notice to Proceed." i • SP 4 OF 20 The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1SY the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4t 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 251h (Christmas), and December 31St (New Year's Eve — half day). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 8:00 a.m. to 4:00 p.m. Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:00 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 $60.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $ 500. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $ 500 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." • 0 SP5OF20 SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at http://www.city.newport- beach.ca. us /pubworks /links. htm." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back - charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. • SP 6 OF 20 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 accordance 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 plan(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. 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), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed Traffic Engineer. Traffic control and detour plans shall meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and /or lighted. 0 • SP 7 OF 20 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners." 5. The Contractor shall provide a minimum of one (1) travel lane in each direction on Coast Highway between the hours of 9:00 a.m. and 3:00 p.m. All lanes shall be open during all other times. 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. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department 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 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a C -10 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. • • SP8OF20 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. The "As- Built" plans shall be submitted and approved by 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, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan and construction schedule, verification of ordering of all equipment for the project, and all other related work as required by the Contract Documents. Item No. 2. Traffic Control: Work under this item shall include, but not be limited to, delivering all required notifications and temporary parking permits, posting signs, and all costs incurred notifying residents. In addition, this item includes preparing traffic control plans signed by a California licensed Traffic Engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 3. Removal and Disposal: Work under this item shall include sawcut, removal and disposal of existing AC pavement, PCC curb ramps, PCC curb and gutter, PCC driveway and sidewalk, and miscellaneous items as shown on the plans and per these Special Provisions. • • SP9OF20 Item No. 4. In- pavement Warning Lighted Crosswalk System: Work under this item shall include, but not be limited to, the fumishing and installing of 1) LaneLight In- pavement Lighted Crosswalk System MLK150.400 Series, or approved equal; 2) LaneLight In- pavement Lighted Crosswalk System Controller; Crosswalk Control Unit (CCU) including Programmable Logic Control (PLC); cabinet enclosure(s) as specified on plan (or approved equal); 3) Signal Standard Pole Type 17 -3 -129 and 18 -3 -129 with pedestrian push buttons, 12 -inch flashing beacons, high intensity fluorescent yellow -green warning signs; 4) All conduits, conductors, pull boxes, and all other work items necessary to complete the work in place. All work within this bid item shall be completed per the manufacturer and product specifications, MUTCD Standards, Caltrans Standards and City standards as detailed on the plan and within these Special Provisions. Item No. 5. Construct P.C.C. Curb Ramp and Sidewalk: Work under this item shall include constructing new P.C.C. access ramps with detectable warning surfaces per the City Standard Plan 181 -L -A Case "E ", City Standard 181 -L -C, and City Standard 181 -L -D; constructing new sidewalk per City Standard 180 -L -A; driveway depression per City Standard 160 -L -A; all incidental concrete work for the service line installation; and all other work items as required to complete the work in place. Item No. 6. Traffic Striping: Work under this item shall include installing traffic striping, raised pavement markers, pavement markings, placing traffic signs, all other work items as required to complete the work in place; per these plans and Special Provisions. 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. 201 -1.6 Matching Concrete. Add to this section: "P.C.C. to be reconstructed must match the characteristics of existing P.C.C., including color and pattern." L • SP 10 OF 20 SECTION 203 - -- BITUMINOUS MATERIALS 203 -1 PAVING ASPHALT 203 -1.1 General. Add to this section: "All asphalt concrete used on the work shall be III- C3 -AR- 4000." SECTION 214 - -- PAVEMENT MARKERS 214 -4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non - reflective pavement markers types A and AY shall be ceramic." 214 -5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass- covered reflective faces or be 3M Series 290." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at http: / /www.city.newport- beach. ca. us/ GSV /Frachised ° /a20Haulers.htm." 300 -1.3.1 General. Add to this section: 'The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. • 300 -1.3.2 Requirements 41 SP 11 OF 20 (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." Replace the words "1-1/2 inch" of the last sentence with the words "two (2) inches 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 303 -5.5 Finishing 303 -5.5.1 General. Add to this section: "The Contractor shall patch back A.C., P.C.C. and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color." 303 -5.5.2 Curb. Add to this section: 'The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" or "W" for sewer or water lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718- 3402." • • SP 12 OF 20 303 -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." SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.6 Preparation of Existing Surfaces. Modify and amend this section to read: "The Contractor shall remove all existing thermoplastic traffic striping and pavement markings by a method approved by the Engineer." 310 -5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: "The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 310 -5.6.8 Application of Paint. Add to this section: "Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.45 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re- install "NO PARKING, TOW- AWAY" signs and re- notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes /covers /damages existing striping and /or raised pavement markers outside of the work area, he shall re- stripe /replace such work items at no cost to the City. 0 i SP 13 OF 20 The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." SECTION 312 - -- PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT. Amend this section with: 1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD - 902 -L. 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry." SECTION 86 - -- SIGNALS, LIGHTING, AND ELECTRICAL SYSTEMS 86 -1 General The Contractor shall furnish all tools, equipment, (except that furnished by the City) materials, supplies, and manufactured articles and shall perform all operations necessary to install a LaneLight In- pavement Lighted Crosswalk System (including, but not limited to; controllers, crosswalk control unit (CCU), programmable logic control (PLC), cabinet enclosure(s)) per manufacturer's installation requirements. Installation of flashing beacon and street lighting facilities, as shown and designated on the drawings, shall be per Caltrans requirements and per these Special Provisions. Reference Specifications and Standard Plans (1) Standard Specifications (CSS) - Except as modified herein, materials and installation shall conform to the California Standard Specifications, July 2002. All references in this section to Standard Specifications shall be understood to be referenced to the California Standard Specifications. (2) Standard Plans (CSP) - Except as modified herein, all references in this section to Standard Plans shall be understood to be referenced to the California Standard Plans, July 2002. (3) Codes. Ordinances and Regulations - All electrical materials and equipment furnished and installed under this section shall conform to the referenced regulations and codes specified in Section 86 -1.02 of the Standard Specifications, and to all other ordinances and regulations of the authorities having jurisdiction. The 1999 National Electrical Code will be the approved code for electrical work. • • SP 14 OF 20 (4) When reference is made to the Code, Safety Orders, General Orders, or Standards, reference shall be construed to mean the Code, Order or Standard in effect on the date set for receipt of bids. 86 -1.01 Description Furnishing and installing traffic signal appurtenances including, but not limited to, traffic signal poles, conduits, cabinets, service, conductors, pull boxes, flashing beacons and highway lighting systems shall conform to the provisions in Section 86, Signals and Lighting, of the Standard Specifications and the Standard Plan of the State of California, Department of Transportation, dated July 2002, and these Special Provisions. Furnishing and installing In- pavement Warning Lighted Crosswalk System shall conform to the provisions in Section 4L, "In- Roadway Lights" of the Manual on Uniform Traffic Control Devices (MUTCD) latest edition, and shall be LaneLight MILK 150.400 Series In- pavement Lighted Crosswalk package (and shall conform to all manufacturer's requirements), or City- approved equivalent, per the plans and these Special Provisions. A LaneLight System Representative in this area is Janna McKhann at 714- 289 -8940. A LaneLight Representative will provide installation requirements and other product information. In- Pavement Lighted Crosswalk System and oscillating flashing beacons to be energized by the pedestrian push buttons, and shall operate simultaneously. Contractor shall furnish and install all equipment and appurtenances required to provide the intended operation. 86 -1.04 Equipment List and Drawings The controller cabinet schematic wiring diagram and intersection sketch shall be mounted on the cabinet door (24" x 36 "), and shall be combined into one drawing so that, when the cabinet door is open, the drawing is oriented with the intersection. Furnish one mylar reproducible, in addition to the required five sets, of the cabinet schematic wiring diagram. 86 -1.05 Warranties, Guarantees, and Instructions Sheets The following paragraph shall be added to 86- 1.05: The Contractor shall guarantee the entire work constructed by him/her under this contract and will fully meet all requirements as to quality of workmanship and materials furnished by the Contractor. The Contractor shall make, at their own expense, any repairs or replacements made necessary by defects in workmanship or materials furnished by him /her that become evident within twelve months after filing of the Notice SP 15 OF 20 of Completion of the work and to restore to full compliance with the requirements of these Specifications, any part of the work which during the twelve -month period is found to be deficient with respect to any provision of the plans and specifications. The Contractor shall make all repairs and replacements promptly upon receipt of written work orders from the Engineer. If the Contractor fails to make the repairs and replacements promptly, the City may do the work and the Contractor and the Contractor's surety shall be liable to the City for the cost. The Contractor shall furnish a maintenance manual for the In- pavement Warning Lighted Crosswalk System. The maintenance manual and operation manual may be combined into one manual. The maintenance manual shall include, but not be limited to: 1) Specifications 2) Design characteristics 3) General operation theory 4) Function of all controls 5) Troubleshooting procedures (diagnostic routine) 6) Block circuit diagram 7) Geographical layout of components 8) Schematic diagrams 9) List of replaceable component parts with stock numbers 86 -1.07 Scheduling of Work The Contractor may perform sub - surface work consisting of the installation of conduit and foundations prior to receipt of all electrical materials and equipment. Above - ground signal and lighting work shall not commence until such time that the Contractor notifies the Engineer, in writing, of the date that all electrical materials and equipment are received, and said work shall start within 15 days after said date. Aboveground signal and lighting work shall be scheduled such that the turn -on of the flashing beacons shall occur within 15 days of the pole installation. The City of Newport Beach Public Works Department or City representative shall be notified a minimum of five working days in advance of beginning of modifications to channelization, signing, and lighting systems. Existing street lighting shall remain in operation until new lighting is operational, to the extent feasible. All striping, pavement markings, and signing shall be in place prior to the start of operation of the In- pavement Warning Lighted Crosswalk System, and the flashing beacon turn -on and /or opening of street to public travel. Prior to installation of the In- pavement Warning Crosswalk System, location of proposed striping and crosswalks shall be marked in the field and approved by the Engineer. • 86 -1 MATERIALS AND INSTALLATION 86 -2.01 Excavating and Backfilling The following paragraph shall be added to 86 -2.01: • SP 16 OF 20 At the discretion of the City Inspector, all excavated material shall be removed from the site and backfilled with compacted crushed aggregate or native base material and topped with temporary asphalt concrete on the same working day as removed (at a maximum 4 toll slope or a lip of /z inch) until permanent pavement is applied. A temporary alternative to backfilling, with permission of the Engineer, shall be the placement of steel plates with temporary asphalt concrete ramping at the edges. Such plating shall not be allowed for more than five (5) working days, after which backfill shall be required. The second and third sentences of the third paragraph of 86 -2.01 shall be deleted and replaced with the following sentence: All backfill shall be compacted to 95% relative compaction. 86 -2.03 Foundations Portland Cement Concrete (PCC) shall be Class 560 -C -3250 concrete prepared in accordance with the 2003 Standard Specifications for Public Works Construction. Portland cement used shall be Type V. Placement of concrete shall conform to the provisions in Section 51, "Concrete Structures" of the CSS. All conflicting foundations shall be removed and shall become the property of the Contractor. The foundation for the existing street light pole on the southeast corner of the intersection shall be removed during construction. All material removed for pole foundations shall become the property of the Contractor and shall be disposed of outside the site of work by and at the expense of the Contractor. Foundation concrete shall be vibrated to eliminate air pockets. The Contractor shall define exact location of all utilities in the vicinity of the new foundations, by hand digging if necessary. After all utilities are established, Contractor shall contact the Engineer for authorization of specific foundation location. Foundations shall be hand -dug until clear of obstructions. 0 • SP 17 OF 20 86 -2.04 Standards, Steel Pedestals, and Posts Contractor shall furnish all nuts, bolts, washers, foundation anchors, and other hardware as required for all new and relocated equipment. The Contractor shall identify each pole shaft as detailed on ES -7M of the State Standard Plans. Where the plans refer to the side tenon detail at the end of the signal mast arm, the applicable tip tenon detail may be substituted. 86 -2.05 Conduit (PVC) New conduit shall be PVC. The following paragraphs shall be added to 86 -2.05: All new conduits shall be Type 3, rigid, non - metallic (PVC, Schedule 80) unless shown otherwise on the plans. The installation of this PVC shall be from box to box with no field connections from galvanized to PVC allowed. After conductors have been installed, the ends of conduit termination in pull boxes and controller cabinets shall be sealed with an Agency - approved type of sealing compound. All conduits shall terminate in a pull box or approved terminating equipment. The following shall replace the sixth numbered item of the third paragraph of 86- 2.05B: All new conduits installed between pull boxes shall be two -inch (53 mm) nominal diameter, unless shown otherwise on the plans. 86 -2.06 Pull Boxes Grout in bottom of pull boxes will not be required. Where the sump of an existing pull box is disturbed by the Contractor's operations, the sump shall be reconstructed and, if the sump was grouted, the old grout shall be removed and new grout placed. All new pull boxes shall be Number 6 unless shown otherwise. Pull boxes, pull box covers, and pull box extensions shall be concrete. No new pull boxes shall be installed in or within one foot of any curb ramp. Standard Plan Drawing ES -8, Pull Box Details, Note 4 -a.5 and b.10, shall not apply to this project. 0 86 -2.08 Conductors • SP 18 OF 20 Install system conductors in 2'/2 inch deep, in 1/2 inch wide sawcuts covered with loop sealant per manufacturer's recommendations. 86 -2.09 Wiring The following paragraphs shall be added to 86 -2.09: Ungrounded traffic signal conductors shall not be spliced. The first paragraph of 86- 2.09D, "Splicing" shall be deleted and replaced with the following: Conductors shall be run continuous from terminal block to terminal block, except that signal neutral conductors and multiple lighting circuit conductors may be spliced and soldered in pull boxes. Conductors No. 8 AWG or larger shall be spliced by the use of "C" shaped compression connectors and soldering. "Method B" as shown on CSP ES- 13A shall be used to insulate splices. Heat shrink tubing shall not be allowed. 86 -2.10 Bonding and Grounding Grounding jumper shall be attached by a 3/16 inch, or larger brass bolt in the signal standard or controller pedestal and shall be run to the conduit, ground rod or bonding wire in adjacent pull box. Grounding jumper shall be visible after cap has been poured on foundation. 86 -2.11 Service The following will be added to tenth paragraph of 86 -2.11: It shall be the contractors responsibility to verify the location of service, to make arrangements for, and to pay for all costs to provide the necessary connection for the In- pavement Lighted Crosswalk system (including the flashing beacons and safety lighting). If an alternate service location is necessary due to a utility conflict or Edison requirement, the alternate location shall be approved by the Engineer. The City of Newport Beach Public Works Department shall be notified a minimum of two working days in advance of planned service connection for the In- pavement Warning Lighted Crosswalk system, flashing beacons and safety lighting. The Contractor shall be entitled to no extension of time, or any other compensation for any delay to this operation, resulting from his failure to give the prescribed notification. i • SP 19 OF 20 The Contractor shall contact Edison within three days of receiving the Notice to Proceed. Contractor is responsible to determine and /or verify the exact location of electrical service feed points. Failure to comply shall be a basis for rejecting requests for additional working days based upon utility company delays. 86 -2.14 Testing The City will not require that the In- pavement Warning Lighted Crosswalk System equipment or cabinet be tested at the California Transportation Laboratory or other independent test facility. However, the City will require a Certificate of Compliance be forwarded to the City along with a written certification from the supplier stating that the in- pavement warning lighted crosswalk system, controller units, auxiliary equipment, and cabinet, fully wired, meet the requirements of the Standard Specifications and these Special Provisions. A functional test for the In- pavement Warning Lighted Crosswalk System and lighting system shall consist of not less than thirty (30) days. If unsatisfactory performance of the system develops, the conditions shall be corrected and the test shall be repeated until the 30 days of continuous, satisfactory operation is obtained. The Traffic Engineer shall be notified at least two working days prior to the intended turn -on date for the In- pavement Warning Lighted Crosswalk System and flashing beacons. Turn -on shall be scheduled only for the hours between 9 AM and 12 Noon. If the scheduled turn -on cannot be completed before noon, it shall be rescheduled subject to the limitation of this section. All flashing beacon heads shall remain covered prior to signal turn -on. The Contractor shall, at his own expense, arrange to have a representative from the In- Pavement Lighted Crosswalk device manufacturer present at the installation and activation. The Contractor shall schedule a meeting with the In- Pavement Lighted Crosswalk device manufacturer at least twenty (20) working days prior to installation to ensure the representative can be present at the installation. CONTRACTOR shall perform the tests and document the results. When the tests are completed, whether successful or not, the test results and the test data shall be furnished to the ENGINEER. 86 -3 CONTROLLER ASSEMBLY 86 -3.04 Controller Cabinets Control panel shall be per the LaneLight MLK150.400 Series In- pavement Lighted Crosswalk package or City- approved equivalent, and control panel and cabinets shall conform to the plans, the manufacturer requirements, and these Special Provisions. • 0 SP 20 OF 20 Mounting hardware for cabinet shall be weather and tamper -proof such that the mounting nuts are accessible only from the inside of the enclosure. 86 -4 TRAFFIC SIGNAL FACES AND FITTINGS 86 -4.02 Light Emitting Diode Signal Module All LED vehicle indications shall be Dialight brand or Gelcore brand (or City- approved equal). The Contractor shall furnish and install 12 "yellow LED ball indications as part of the flashing beacon unit. 86 -4.09 Flashing Beacons Flashing Beacons, as shown on the plans and the installation thereof, shall conform to the provisions in Section 86 -4.09, "Flashing Beacons ", inclusive of the Caltrans Standard Specifications and these Special Provisions. Each beacon shall consist of a single section traffic signal face, conforming to the provisions of Section 86 -4.04 ", "Vehicle Signal Faces ", with yellow LED (Light Emitting Diode) lens as shown on the plans and as noted in these Special Provisions. 86 -5 DETECTORS 86 -5.02 Pedestrian Push Button Assemblies Pedestrian push button assemblies shall conform to the provisions in Section 86 -5.02 "Pedestrian Push Buttons" of the Standard Specifications and these Special Provisions. Pedestrian push button assemblies shall be "Polara" brand Model X, or City- approved equal. Installation shall be per the manufacturer's requirements. F :1UserslPBWlSharedlContracts\FY 05- 061LIGHTED CROSSWALK PCH AT ORCHID C-38311SPECS C- 3831.doc ® • BYINECMCOUNCIL CTIYOFNEWPM BEACH JUG 113 1:'n6 ® CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT APPROVED Agenda Ite,m No. 12 June 13, 2006 • • TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Antony Brine 949- 644 -3329 or tbrine @city.newport- beach.ca.us SUBJECT: FLASHING CROSSWALK AT COAST HIGHWAY AND ORCHID AVENUE AWARD OF CONTRACT NO. 3831 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3831 to Steiny & Company for the Total Bid Price of $107,816.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $10,780 to cover the cost of unforeseen work, 4. Approve a Budget Amendment appropriating $51,596 from the unappropriated balance of the Transportation and Circulation Fund to Account No. 7261 - 05200838 and transferring $34,000 from the Newport Boulevard /Balboa Boulevard Merge Area Pedestrian Improvement project (7181- C5200833) to the Flashing Crosswalk at Coast Highway and Orchid project (7181- C5200838). DISCUSSION: At 10:00 a.m. on May 24, 2006 the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low Steiny & Company $ 107,816.00 2 Republic Electric $ 115,390.00 3 Freeway Electric $ 129,100.00 Flashing Crosswalk at Coast Highway and Orchid Avenue — Award of Contract No. 3831 June 13, 2006 Page: 2 The low total bid amount is 29 percent above the Engineers Estimate of $83,500. The difference between the Engineer's Estimate and the Low Bid amount is attributed to the continued rise in construction costs in today's market. The low bidder, Steiny & Company, possesses a California State Contractors License Classification C -10 as required by the project specifications. A check of the Contractors references indicates they have satisfactorily completed similar projects for other municipalities. The flashing crosswalk project consists of the installation of an in- pavement warning lighted crosswalk system, overhead flashing beacons with pedestrian warning signs, new pedestrian ramps, traffic striping and markings, and roadside signs. The in- pavement lighted crosswalk system provides motorists with additional warning that they are approaching an occupied crosswalk. In this installation, the pedestrian will activate the crosswalk lights and the overhead flashing beacons by push- button. Per the Contract Specifications, the Contractor will have 60 consecutive working days to complete the work. Environmental Review: Categorically Exempt under Chapter 3, Article 19, Section 15301, Class 1 (c) of the Title 14 California Code of Regulations. This exemption covers minor alteration of existing public highways involving no expansion of an existing use. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Affected businesses whose access may be impacted will be provided advance notice by the contractor prior to work starting in their area. Funding Availability: There is a $13,000 unencumbered balance for this project. Additionally, the Corona del Mar Business Improvement District has contributed $20,000 toward the construction of this project. It is also recommended that funds set aside for the Newport Boulevard /Balboa Boulevard Merge project, which was planned as a flashing crosswalk installation on Newport Boulevard at 23rd Street, be used for this pedestrian improvement. There is a $34,000 unencumbered balance in the Newport Boulevard /Balboa Boulevard Merge Area project account. 10 • 0 • • Flashing Crosswalk at Coast Highway and Orchid — Award of Contract No. 3831 June 13. 2006 Page: 3 The remaining $51,596 would become appropriated upon approval of the recommended Budget Amendment, and sufficient funds will be available in the following accounts for the project. Account Description Flashing Crosswalk (Contributions) Flashing Crosswalk (Transportation and Circulation) Flashing Crosswalk (Gas Tax) Prepared by: i Antony Brine, P.5. Principal Civil Engineer Attachments: Bid Summary Budget Amendment Account Number Amount 7251- C5200838 $20,000.00 7261- C5200838 $64,596.00 7181- C5200838 $34,000.00 Total $118,596.00 Submitted by: et G�Badum �Publicorks Director CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TITLE: IN- PAVEMENT LIGHTED CROSSWALK - Coast Highway at Orchid Avenue BID LOCATION: City Clerk's Office - City Hall CONTRACT NO.: C -3831 DATE: 24- May -06 TIME: 10:00 a.m. ENGINEER'S ESTIMATE: $83,500.00 BY: CHECKED: DATE: PROJECT MANAGER: Antony Brine f: luserslpbw %shamdkontmctl0001%1BID SUM C-3831.xls Page 1 Engineer's Estimate Steiney and Company Republic Electric Freeway Electric ITEM DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT 1 Mobilization 1 LS 2,000.00 2,000.00 10,000.00 10,000.00 500.00 500.00 12,000.00 12,000.00 2 Traffic Control and Lane Closure 1 LS 5,000.00 5,000.00 1,000.00 1,000.00 1,250.00 1,250.00 10,000.00 10,000.00 3 Removal and Disposal 1 LS 7,000.00 7,000.00 500.00 500.00 3,000.00 3,000.00 5,000.00 51 00 4 In- Pavement Lighted Crosswalk System 1 LS 58,500.00 58,500.00 64,377.00 64,377.00 90,000.00 90,000.00 80,000.00 80,00 5 Construct PCC Curb Ramps and Sidewalk 1 LS 6,000.00 6,000.00 22,000.00 22,000.00 11,000.00 11,000.00 11,200.00 11,200.00 6 Traffic Signing and Striping 1 LS 5,000.00 5,000.00 9,939.00 9,939.001 9,640.00 9,640.00 10,900.00 10,900.00 EE 83,500.00 LOW 107,816.00 2ND 115,390.00 3RD 129,100.00 f: luserslpbw %shamdkontmctl0001%1BID SUM C-3831.xls Page 1 Sity of Newport BeaQ* NO. BA ---� OSBA -071 BUDGET AMENDMENT 2005 -06 AMOUNT: $as,sss.00 FFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance X Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: X from existing budget appropriations from additional estimated revenues X from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations by $51,596.00 from unappropriated Circulation and Transportation Fund Balance for the Flashing Crosswalk at Coast Highway and Orchid Avenue and to transfer budget appropriations of $34,000 from the Gas Tax Newport/Balboa Merge project to the Gas Tax Flashing Crosswalk at Coast Highway project. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 260 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Circ & Transportation - Fund Balance Description Amount Debit Credit $51,596.00 Signed: City Council Approval: City Clerk Date Description Division Number 7261 Transportation and Circulation Account Number C5200838 Flashing Crosswalk Coast Highway $51,596.00 Division Number 7181 Gas Tax Account Number C5200833 Newport/Balboa Merge $34,000.00 Division Number 7181 Gas Tax Account Number C5200838 Flashing Crosswalk Coast Highway $34,000.00 Division Number Account Number Division Number Account Number Automatic System Entry. Signed: Financial Approval: Admini�,etive Services Director Date signed: / D 6 Administrative Ap oval: City Manager ate Signed: City Council Approval: City Clerk Date