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HomeMy WebLinkAboutC-3866 - 2006-2007 Sidewalk, Curb and Gutter Replacement Program in Airport Area, ADA Ramps, East Coast Highway Curb and gutter, Balboa Peninsula Beach Walkway Replacement and Park Asphalt Walkway ReplacementCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless. MMC April 8, 2008 Nobest, Inc. P.O. Box 874 Westminster, CA 92684 Subject: Sidewalk, Curb and Gutter Replacement (C -3866) To Whom It May Concern: On February 26, 2008, 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 4, 2008, Reference No. 2008000099109. The Surety for the contract is Contractors Bonding and Insurance Company, and the bond number is CE 7780. Enclosed is the Labor & Materials Payment Bond. Since ly, 1J I Vdnnnee .. Harkl s , MMC J City Clerk cc: Public Works Department 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 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT & PARK ASPHALT WALKWAY REPLACEMENT CONTRACT NO. 3866 BOND NO. CE 7780 Premium lwlkxW LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Nobest, Inc., a California corporation, hereinafter designated as the "Principal," a contract for construction of 06-07 Sidewalk, Curb and Gutter Replacement Program, Contract No. 3866 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. 3866 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, Clltract°rs Borg and Insurance many 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 FIVE HUNDRED FORTY -ONE THOUSAND, SIX AND 00 /100 DOLLARS ($541,006.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, In case suit is brought to enforce the obligations of this Bond, a reasonable attorneys fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of Califomia. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 18th day of June , 2007. Nobest, Inc. (Principal) Contractors Banding and Insurance Caq=W Name of Surety 111 Pacifica. Ste 350 Irvine, CA 92618 Address of Surety 949 - 341 -9110 Telephone Douglas A. Rapp Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 ACKNOWLEDGMENT State of : California County of Orange On June 18, 2007 befpre me Ray E. Anderson/Notary Public Date Name and Title of Officer (e.g., `Jane Doe, Notary Public) personally appeared Larry Aodland Name(s) of Signer (s) �] personally known to me [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she / they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 4 a • WITNESS my hand and official seal Place Notary Seal Above ACKNOWLEDGMENT State of California County of Orange OnJ UN 18 2007 be fore me A. P. Coats, Notary Public (hen: insert name and tifie of the officer) personally appeared Dougim A- Rapp personally known to me (or 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 he/shelthey executed the same in his/her/their authorized capacity(ies), and that by hislher/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 an fficial seal. j ff r r Signature { wr M (Seal) D E:AREFET LY - (o be used c n�v ivith the bond yec', erein i! 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 IIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIaIIIIIIIINO FEE 2008000099109 09:41 am 03104108 112 234 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Nobest, Inc. of Westminster, California, as Contractor, entered into a Contract on June 26, 2007. Said Contract set forth certain improvements, as follows: Sidewalk. Curb and Gutter Replacement (C -3866) Work on said Contract was completed, and was found to be acceptable on February 26, 2008, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Contractors Bonding and Insurance Company. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on /i(Q /(/ o� / a0o� at Newport Beach, California. BY City Clerk 1 1J� U 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless. MMC February 27, 2008 Orange County Recorder P. O. Box 238 Santa Ana. CA 92702 RE: Notice of Completion for Sidewalk, Curb and Gutter Replacement (C -3866) Notice of Completion for Santa Ana Heights Fire Station Training Tower (C -3852) Notice of Completion for Irvine Avenue 24 -inch Water Main Replacement (C -3708) Please record the enclosed Notice of Completions and return them to the City Clerk's office. Thank you. Sincerely, C/ /, 40" LaVonne M. Harkless, MMC City Clerk Enclosures 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 www.city.newport- beach.ca.us CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC February 26, 2009 Nobest, Inc. P.O. Box 874 Westminster, CA 92684 Subject: Sidewalk, Curb and Gutter Replacement (C -3866) To Whom It May Concern: On February 26, 2008, 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 8, 2008. The Surety for the contract is Contractors Bonding and Insurance Company, and the bond number is CE 7780. Enclosed is the Faithful Performance Bond. Sincerely, Leilani I. Brown, MC City Clerk enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 3866 BOND NO. CE 7780 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ $5,287.00 being at the rate of $ 10.00 slide per thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Nobest, Inc., a California corporation, hereinafter designated as the "Principal°, a contract for construction of MASTER FORMAL CONTRACT, Contract No. 3866 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. 3866 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Contractors Ong and 7nsuranm ccrgmrrz , 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 FIVE HUNDRED FORTY -ONE THOUSAND, SIX AND 001100 DOLLARS ($541,006.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 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 18th day of June . 2007. Nobest, Inc. (Principal) Name of Surety 111 Pacifica. Ste 350 Irvine, CA 92618 Address of Surety 949 - 341 -9110 Telephone Douglas A. Rapp Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Fe. ACKNOWLEDGMENT State of : California County of Orange On June 18, 2007 befpre me Ray E. Anderson/Notary Public Daze Name and Title of Officer (e.g., "Jane Doe, Notary Publie) personally appeared Lamp Nodland Name(s) of Signer (s) [g] personally known to me [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/she / they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. KAYE,ANDERSON COMM. #1579663 o NwAmPm�o mFGRNlA 0 WITNESS my hand and official seal ORANGE COLD" '4 MrCZVM8Pr».w.,.eaam9 Signatu of Notary blic Place Notary Seal Above ACKNOWLEDGMENT State of California County of Orange OnJ UN 18 2007 before me, A. P. Coats, Notary Public (here insert name and tiFie of the officer) personally appeared Douglas A. Rapp personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) isiare subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. A.P. COATS WITNESS my hand a d official seal. ' Comm...1�98145 worNnro M WAM CMMY U Signature (Seal) READ CARET C1'.LY- to he used one y with the bond specified herein n u 9 • 8i1 Do- ni CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT FL.;; 3a item No. 16 February 26, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Thomas Sandefur 949 -644 -3312 or tsandefur @city.newport- beach.ca.us SUBJECT: Sidewalk, Curb and Gutter Replacement FY 2006 -07 — Completion and Acceptance of Contract No. 3866 RECOMMENDATIONS: 1. Accept the completed contract work. 2. Authorize the City Clerk to file a Notice of Completion. • 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On June 26, 2007, the City Council authorized the award of the FY 2006 -2007 Sidewalk, Curb and Gutter Replacement Program to Nobest, Inc. The contract provided for the removal and reconstruction of sidewalk, curb and gutter in the airport area; East Coast Highway curb and gutter construction from Cameo Highlands Drive to Pelican Point Drive; Balboa Peninsula beach walkway replacement; and Bayside Drive Park asphalt walkway replacement. 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: $541,006.00 Actual amount of bid items constructed: $606,552.00 Total amount of change orders: $41,696.12 Final contract cost: $648,248.12 •The increase in the amount of actual bid items constructed over the original bid amount resulted from the increased area of sidewalk, curb, gutter and driveway approach to SidemOurb and Gutter Replacement FY06 -07 - Comple d Acceptance of Contract No. 3866 February 26, 2008 Page 2 maximize the replacement contract and repair as much concrete infrastructure as • possible at competitive market prices. The final overall construction cost including two Change Orders was 19.8 percent over the original bid amount. The two change orders were as follows: Change Order No. 1 in the amount of $33,820.08 provided for the repair of degraded wheelchair ramps in the airport area and repair of electrical conduit under driveway approaches. Change Order No. 2 in the amount of $7,876.04 provided for additional curb and gutter and the cleaning and tightening of utility lid bolts. Pursuant to Council Policy F -3, City Manager approval is required to authorize change orders in excess of 110 percent and up to 125 percent of the original contract award. An interdepartmental memorandum was prepared by staff requesting the authorization of change orders and additional work and was approved by the City Manager. The total cost of construction was $648,248.12. Other Project Costs: In addition to the construction contract, this project involved other project expenses. Total project expenses are summarized as follows: Construction $648,248.12 • Construction Inspection $15,288.76 Geotechnical $7,210.00 Incidentals $114.00 Total Project Cost $670,860.88 Environmental Review: This project was categorically exempt from the provisions of CEQA per Section 15301(c), since the project consists of repairs to existing sidewalk that do not expand use of the facilities. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work two City prepared notices were distributed by the Contractor to both residents and businesses. is n U Side,*urb and Gutter Replacement FY06 -07 - Completiois Acceptance of Contract No. 3866 February 26, 2008 Page 3 Funding Availability: Funds for the construction contract were expended from the following accounts: Account Description General Fund Tide and Submerged Lands General Fund PCH Relinquishment Account Number 7013- C5100020 7231- C5100570 7015- C3170818 7254- C3140850 Total: Amount $368,200.08 $100,000.00 $114,998.04 $65,050.00 $648,248.12 All work was completed on January 8, 2008, the scheduled completion date. Prepared by: Submitte Thomas Sandefur S h Badum Associate Civil Engineer ubli orks Director 0 0 CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:30 on the 11`" day of June, 2007, at which time such bids shall be opened and read for 2006 -2007 SIDEWALK. CURB & GUTTER REPLACEMENT PROGRAM IN AIRPORT AREA, ADA RAMPS, EAST COAST HIGHWAY CURB & GUTTER, BALBOA PENINSULA BEACH WALKWAY REPLACEMENT & PARK ASPHALT WALKWAY REPLACEMENT Contract No. 3866 $721,000 Engineer's Estimate G. Badum lic Works Director PLAN HOLDER LIST AVAILABLE ON CITY WEBSITE httP:/Afvww.city.newoort- beach.ca.us CLICK: • Online Services • Public Works Contracts Bidding Prospective bidders may obtain one set of bid documents for $20.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: "A or C -8" For further information, call Tom Sandefur, Project Manager at(949)644-3312 Ll CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT • & PARK ASPHALT WALKWAY REPLACEMENT CONTRACT NO. 3866 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ........................................................ .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER ............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 200 6-2007 SIDEWALK. CURB & GUTTER REPLACEMENT PROGRAM IN AIRPORT AREA, ADA RAMPS, EAST COAST HIGHWAY CURB & GUTTER. BALBOA PENINSULA BEACH WALKWAY REPLACEMENT. & PARK ASPHALT WALKWAY REPLACEMENT CONTRACT NO. 3866 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act. 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 3 S O? A Contractors License No. & Classification �10k'sI- Lhc Bidder Date 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 3866 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten percent of the total amount of the bid Dollars ($ 10 % ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the conMc6on of 0"7 Sidewalk, Curb and Gutter Replacement Program, Contract No. 3866 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of 'Notification of Award ", otherwise this obligation shall become . null and void. . If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 25th day of _ Nobest Incorporated Name of Contractor (Principal) .Contractors Bonding and Insurance Company Name of Surety 111 Pacifica No. 350 Irvine, CA 92618 Address of Surety 949- 341 -9110 Telephone M,.. 12ntn Linda n Cnatg;_attnrnje:y ;n ?:act Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) ACKNOWLEDGMENT State of : California County of Orange On !a —I l "b% befpre me Ray E. Anderson /Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Larry Nodhind Na ne(s) of Signer (s) [S] personally known to me [ ] proved to me on the basis of satisfactory evidence to be the person(9�rwhose nameXis*i subscribed to the within instrument and acknowledged to me that he /sX t*y executed the same in his/lyef /tkrr authorized capacity(k"s), and that by hisPjW1tWr signature(a on the instrument the persoa4, or the entity upon behalf of which the personkgjacted, executed the instrument. KAYE,ANDERSON WITNESS my hand and official seal f COMM. #1679663 n U -we r+oraaYPMIC4At.saRMA ORANM came t+Nt)mftkesAmA2009 , Signature of Notar ub c Place Notary Seal Aborx ACKNOWLEDGMENT State of California County of Orange On MAY 2 5 2007 before me, Christine M. Rapp, Notary Public (here insert name and tifie of the officer) personally Linda D. Coats personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in histheNlheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. J•��af WITNESS my hand and official seal. N CHRISTINE M. RApp a COMM. x 1494818 a7 NOTARYPUBUC•CAUFOR14A N // }'� 'i /.� y ,,,, !; �� /,/,' "/� 7 �J \� ORANGE COUNTY Signature l`-� 7 V4 0.,,4 J VC./ ✓ r / c MY CO Ezpres JUlY 9 IW! N (Seal) I READ CAREFULLY- to he used natty with the bond sixctciji'ed herein Certificate of Appointment and Resolutions of the Board of Directors I lie undersigned President and Secretary of-Contractors Bonding and Insurance Company hereby certify that the President has appointed the Attoincy(s) -in -Fact identified on the from side of this power of attorney, under and by the authority of the following resolutions adopted by the Board of Directors of Contractors Bonding and Insurance Company at a meeting duly held on December 15, 1993: RESOLVED, that the CEO, President, C'F0, any Vice President, Secretary or any Assistant Secretary, and any other employee as may be specifically authorized by a particular board resolution (hereafter "Authorized Officer or Employee ") mu. appoint attorneys -in -tact or agents wifli aultiorilN as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kind;: and any Authorized Officer or Employee may rcmoN e any such attomev -in -fact or agent and revoke any power of attorney previously granted to such person. RESOLVED FURTHER. that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company- (i) when signed by the Authorized Officer or Employee and attested and sealed (if a seal be required): or I ii) when signed by the Authorized Officer or Emplovec, and countersigned and sealed (if a seal be required) by a duly authorized attomey -in -fact or agent: or (Iii) when duly executed and sealed (if a seal be required) by one or more attornevs -in- fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any Authorized Officer or Employee and the seal of the Company may be affixed by facsimile to anv power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company (unless otherwise specified in the power of attorney itself): and such signature and seal when so used shall have the same force and effect as though manually affixed. RESOLVED FURTHER, that all previous resolutions of the Board of Directors concerning powers of attorney and attornevs -in -fact remain in full force and effect: that all forms of powers of attorney previously or fit the future approved by the Board of Directors, including. but not limited to, so called "fax or facsimile powers of attorney ", "here the entire power of attorney is a facsimile. remain in full force and eflcct; and that one form of a power of attorney may be attached to one bond 1 for example, the form for N hiclt this resolution is a part may be attached to a bid bond). and another form of power of attorney may be attached to another bond (for example, a fax power of attorney may be attached to the final bond for a project for which the different form of power was attached to the bid bond) without affecting the validity of either power of attorney or bond. l\ WITNESS WHEREOF, Contractors Bonding and Insurance Company has caused these presents to be signed by its president and secretary. and its corporate seal to he hereunto affixed this 13th day of May. 2004. State of Washinflton County of Kntn2 Attest: R. Kirk Eland, Seaetary On Max 13. 2004 before me, Brenda J. Scott \otary Public, personally appeared Don Sirkin and R. Kirk Eland personally known to me to be the persons whose uamcs are suhscribed to the within instrument, and acknowledged to me all that they executed the same in their authorized capacities and that by their signatures the entity upon behalf of which they acted executed the instrument. WITNESS my hand and official seal. Bromb J Scott, Notary Public J; 8�'.I f =4q Oj"�i Iscal) 3 „: i - pJ Best's Rating Center - Company Information for Contractors Bonding and Insurance Co Center Industry Research Rs&v3 Definitions F Search 9esfS Retrlys Press Releases Retetadibroducts oil View Ratings: Finanelal S;rgngth Issuer Credit Securities Advanced Search Contractors Bonding and Insurance Co Page 1 of 2 Other Web Centers: (' AM.aest #:03719 NAIC N: 39208 FEIN N: 911082952 Aai eel to campardes Nat havt. in pur opinion, an.1wnt ability ro inert Address: P.O. 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All rights reserved. http: / /www3. ambest. com / ratings /FullProfile.asp ?B1= 0 &AMBNurn= 2719 &AItSrc =1 &Alt... 06/11/2007 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT & PARK ASPHALT WALKWAY REPLACEMENT CONTRACT NO. 3866 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: C'ABcL !gcfauCS-1 Address: 01L&AJ4C (Illy) Phone: &2q.— 0948 State License Number. G Sq I Name: Address: Phone: State License Number: Name: Address: Phone: State License Number. Nobes� .z�c. Bidder CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2006 -2007 SIDEWALK CURB & GUTTER REPLACEMENT PROGRAM IN AIRPORT AREA ADA RAMPS, EAST COAST HIGHWAY CURB & GUTTER. BALBOA PENINSULA BEACH WALKWAY REPLACEMENT & PARK ASPHALT WALKWAY REPLACEMENT CONTRACT NO. 3866 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name Qest ZnG FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No.1 see g7i4C�ew 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. i NOBEST INCORPORATED REFERENCE LIST 1. CITY OF ANAHEIM (MAINTENANCE DEPT.) Project: Concrete Replacement Contact: Craig Allen Phone: (714) 765-6935 2. CITY OF HUNTNGTON BEACH Project: Reconstruct Various Streets Contact: Dereck Livermore Phone: (714) 960-8861 3. CITY OF HUNTINGTON PARK Project: Various Locations Street Improvements Contact: Pat Fu Phone: (323) 584 -6253 4. CITY OF NEWPORT BEACH Project: Alley Reconstruction Contact: Stephen Luy Phone: (949) 644 -3311 5. CITY OF FOUNTAIN VALLEY Project: Concrete Improvements Contact: Tony Vega Phone: (714) 593 -4613 $ 1,035,000.00 $ 3,600,000.00 $ 441,000.00 $ 827,000.00 $ 142,000.00 No. 2 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 4 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. M No. 6 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. 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. AV es 7L -7nc Bidder 10 r CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 3866 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of 6, ) 1-01-r V 100011a d, being first duly sworn, deposes and says that he or she is pl es i ed of Wobo the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. 11/O6eSt _Th6 _ �PSi�P�r Bidder Ala r e Sign ture/Titie Subscribed and sworn to (or affirmed) before me on this__L) day.of -'rUdJ £ , 2007 by 1 N d7z , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. KAYE.ANDERSON 1- COMM. #1579683 f1 C1 NOTMVPURM-MFOPIM (7 ORAWE COUNW Y f4C�EVWAM13.2 [SEAL] 11 My Commission Expires: &-/-3-7-007 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 200 6-2007 SIDEWALK. CURB & GUTTER REPLACEMENT PROGRAM IN AIRPORT AREA, ADA RAMPS, EAST COAST HIGHWAY CURB & GUTTER. BALBOA PENINSULA BEACH WALKWAY REPLACEMENT. & PARK ASPHALT WALKWAY REPLACEMENT CONTRACT NO. 3866 DESIGNATION OF SURETIES Bidders name ®6eS f ! n 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): C Data Sg/l& geryfces Ff FROWN La�arra H111s , C� V407 (�41 ) ZIS7-lD64 Ade s 100 Lns'wgoce ses'dlces S torpor 'y'e P4'e e 2 6 x 3 C9ygl ssa - DVo 9 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2006 -2007 SIDEWALK. CURB & GUTTER REPLACEMENT PROGRAM IN AIRPORT AREA, ADA RAMPS, EAST COAST HIGHWAY CURB & GUTTER. BALBOA PENINSULA BEACH WALKWAY REPLACEMENT. & PARK ASPHALT WALKWAY REPLACEMENT CONTRACT NO. 3866 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name AI&5 f l RG 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 2006 2005 2004 2003 2002 Total 2007 No. of contracts Total dollar Amount Contractsf(in 339 !� 3 ai 4 q4� f 6 Thousands of $) No. of fatalities © Q No. of lost Workday Cases No. of lost workday cases involving permanent U transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Legal Business Name of Bidder lyc� 25?4 hc0lp ®/4Y`�c/ Business Address: ;74()CJ 4cGI-ia Alto 0,74w Grove, 44 Pfodl Business Tel. No.: (71y) �Q� -ysg3 State Contractor's License No. and Classification: M612 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 ACKNOWLEDGMENT State of : California County of Orange On 6 -11 -07 befpre me Kay E. Anderson /Notary Public Date Name and Title of officer (e.g., `Jane Doe, Notary Publid') personally appeared Larry Nodland and Robert Nodland Ii Name(s) of Signer (s) p< personally known to me [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)Xare subscribed to the within instrument and acknowledged to me that WsWe/ they executed the same in bis/jwer/their authorized capacity(ies), and that by j49Wr/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 4�KAY E. ANDERSON COMM. #1579553 0 WITNESS my hand and official seal V NorsnYPUBM.anForsxu onaxae Caurtr *Can r.E*k..Am+s.2 s Si re of No Puy Notary Seal Above CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2006 -2007 SIDEWALK. CURB & GUTTER REPLACEMENT PROGRAM IN AIRPORT AREA, ADA RAMPS, EAST COAST HIGHWAY CURB & GUTTER. BALBOA PENINSULA BEACH WALKWAY REPLACEMENT & PARK ASPHALT WALKWAY REPLACEMENT CONTRACT NO. 3866 ACKNOWLEDGEMENT OF ADDENDA Bidders name / bty ,T nc The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Si re 5 0 15 Page: 1 of 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT \�i FO ter% ADDENDUM NO. 1 2006 -2007 Sidewalk, Curb & Gutter Replacement Program in Airport Area, ADA Ramps, East Coast Highway Curb & Gutter, Balboa Peninsula Beach Walkway Replacement, & Park Asphalt Walkway Replacement CONTRACT NO. 3866 DATE: May 18, 2007 BY: 24A�� Agfing City Engineer TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the contract documents — all other conditions shall remains the same. PROPOSAL DELETE — Item 18: `Remove and Install PCC Curb Access Ramp" SPECIAL PROVISIONS 9 -3.1 Payment -General DELETE — Entire paragraph beginning with "Item No. 18 Remove and Install PCC Curb Access Ramp: .............. WORK SCHEDULE DELETE — From the Schedule of Work for the 2006 -2007 Sidewalk Curb & Gutter Program, Items number 154, 155, 156, 157, 158, 159, and 160. (Curb Access Ramps) DELETE — Sheets 2 and 3 of R- 5917 -L showing the curb access ramps. Page: 2 of 2 Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. No6P.s>- -ZNc Bidder's Name (Please Print) — 11 —b-7 Date f:luserslpbwlshareftontractslfy 06- 07\06 -07 sidewalk curb & gutter c- 386ftddendum #1.doc CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2006 -2007 SIDEWALK. CURB & GUTTER REPLACEMENT PROGRAM IN AIRPORT AREA, ADA RAMPS, EAST COAST HIGHWAY CURB & GUTTER. BALBOA PENINSULA BEACH WALKWAY REPLACEMENT. & PARK ASPHALT WALKWAY REPLACEMENT CONTRACT NO. 3866 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: IVO,be.i t lnC04Ljy#ed Business Address: �r r/C4irG fjr/P rj a�rfPfi �rrD//P� Co V-011/ Telephone and Fax Number: 55k'3 I //Y/ 373 -00.39 California State Contractor's License No. and Class: 3596�a 14 (REQUIRED AT TIME OF AWARD) Original Date Issued: q-2f Expiration Date: 7-3/ -0S 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: 1048 GPwis fpfekcoPl, 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 /-arrIV Nedland fra'de� Try clomp' Corporation organized under the laws of the State of A(r`Fb/ni4 16 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: _. All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: rg 2 For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. /07 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 labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / ©o Are any claims or actions unresolved or outstanding? Yes /@I 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. 1/06a5t- TilC Bidder Larry 11#464 (Print name of Owner or President Title Date Subscribed and sworn to (or affirmed) before me on this Iii day of - �'+.*N� _'2007 by L-A 21LV %\%D D 444n n , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. L2 KAYE.ANDERSON U COW #1579663 ^ NOTARYPt10LIC CA1.iORl" -% 'yl�+w owwaE courrr -1 WC�+nEgYmdwta2ma [SEAL] 18 My Commission Expires: & 13 - 7 OD / CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2006 -2007 SIDEWALK. CURB & GUTTER REPLACEMENT PROGRAM IN AIRPORT AREA, ADA RAMPS, EAST COAST HIGHWAY CURB & GUTTER, BALBOA PENINSULA BEACH WALKWAY REPLACEMENT, & PARK ASPHALT WALKWAY REPLACEMENT CONTRACT NO. 3866 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 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2006 -2007 SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM IN AIRPORT AREA, ADA RAMPS, EAST COAST HIGHWAY CURB & GUTTER, BALBOA PENINSULA BEACH WALKWAY REPLACEMENT, & PARK ASPHALT WALKWAY REPLACEMENT CONTRACT NO. 3866 CONTRACT THIS AGREEMENT, entered into this day ofJ t gg , 2007, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Nobest, Inc., a California Corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: 2006 -2007 SIDEWALK. CURB & GUTTER REPLACEMENT PROGRAM IN AIRPORT AREA, ADA RAMPS, EAST COAST HIGHWAY CURB & GUTTER. BALBOA PENINSULA BEACH WALKWAY REPLACEMENT & PARK ASPHALT WALKWAY REPLACEMENT Project Description as described in the Contract Documents. Contract No. 3866 WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3866, 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 20 activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 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 FIVE HUNDRED FORTY -ONE THOUSAND, SIX AND 001100 DOLLARS ($541,006.00). 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: Tom Sandefur (949) 644 -3312 CONTRACTOR Nobest, Inc. P.O. Box 874 Westminster, CA 92684 Attn: Lary Nodland 714 - 892 -5583 714-373 -0039 Fax F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 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 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 active negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. CITY OF NEWPORT BEACH APPROVED AS TO FORM NOI -/ N-� C ffG�- -- By: AARON C. HARP Assistant City Attorney Title 25 Print Name: Larry Nooddllaann�d (Financial Officer) Title: Secretary Print Name: Robert Nodland II ACKNOWLEDGMENT State of : California County of Orange On dune 18. 2007 befpre me Kay E. Anderson /Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public') personally appeared Larry Nodland and Robert Nodland II Name(s) of Signer (s) [t(rpersonally known to me [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she/ they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. K5YE.A9DER80N v comm. #157 w i WITNESS my hand and official seal q ORANGE coam 1 µic«t E*h*JMM13,MM LZ Sign Place Notary Seal Above CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 3866 BOND NO. CE 7780 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ $5,287.00 being at the rate of $ 10.00 slide per thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Nobest, Inc., a California corporation, hereinafter designated as the "Principal ", a contract for construction of MASTER FORMAL CONTRACT, Contract No. 3866 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. 3866 and the terns thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Contracbors Bong and insurance con4my , 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 FIVE HUNDRED FORTY -ONE THOUSAND, SIX AND 001100 DOLLARS ($541,006.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 18th day of June , 2007. Nobest, Inc. (Principal) Name of Surety 111 Pacifica. Sty 350 Irvine, CA 92618 Address of Surety 949 - 341 -9110 Telephone Authorized Aunt Signature Douglas A. Rapp Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 0 ACKNOWLEDGMENT State of : California County of Orange On June 18, 2007 befpre me Kay E. Anderson/Notary Public Date Name and Title of Officer (e.g., `Jane Doe, Notary Publid') personally appeared Larry Nodland , Name(s) of Signer (s) [s] personally known to me [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she/ they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. KAYE:ANDERSON v rNCOMM. YPMIo�ORM 1 WITNESS my hand and official seal ORANGE COUNTY aN conm E.aar an. Na tool Signamr of Notary blic Place Votary Seal Abo�x ACKNOWLEDGMENT State of California County of Orange OnJ U N 18 M before me, A. P. Coals, Notary Public (here insert name and tifie of the officer) personally appeared Douglas A. Rapp personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. m j,,, 74. 45 G «omarneucr98. -, m wear cwim m Mrren.e�.+�rc aau Signature (Seal) AV ol .1 out- A N} IAY'ii1 "tAi hest S AA W j"T W REAL? EF'LLLY- to be o0v with the speeifed herein Certificate of Appointment and Resolutions of the Board of Directors The undersigned President and Sccretan of C ontractnr. Bonding and Insut ancc Company hereby certify that the. President has appointed the din >rnC�f.: i_in -Fact identified oh the fiont ;ide of ihk rower of attorney, under and by the authority of the following resolutions .adopted hy the Bo:ud of Directors of C'nnn'actors Bonchng and Insurance Company at a meeting drily held on December 15, 1993: RESOLVED, that the CEO, President. CFO, anv Vice President. Secretary or any As;iaant Secretary, and any other employee as maybe specitically authorized by pauticul: aboard resolution(hereatter'•Authorized Oficeror Employee ") may appoint attorneys -in -fact of ag.:nt> w ith euth(naty as dClinCd or limned in the mstrumCnt CN-Hencing the appointment in each case, for and on beha II of tlic C'omfia,i\ n, cxezut, and deliver and affix tl:c ,cal of the Company to bonds, undertakings, recognizance., dud surcnShlp nhlig;uions ni all kinds: and any Authorized O ficci or Employee may ro'nmo� e any such attorney -in- fact or agent and rex oke any pincer of attorney previously granted to such person. RESOI.\ED FURI IILR, that inn_ bond. tmde-iakim , recognizance, or wretyship obligation shall be valid and binding upon the Company (it when signed by Th luthorizcd Officer or Lnipluycc and attested and sealed (if a seal be required): nr I ii I when signed by the Authorized Officer or Fnnplovcc, and countersigned and scaled f if a seal be require(]) by a (lute authorized atturney-m- fact or agent; or (iii) when duty executed and sealed (if a seal be required) by one or more attorneys -in- tact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or pci:sons. RESOLVED FURTHER, that the ,menaturc of any 4uthorized Wheel or Employee and the ecal of the Company may be affixed h� facsimile to any pincer of atatnaev of certification thereof authorizing the execution and delivery of any bond. undertaking, recognizance or other sutotvahip obligauon> of the Company witless oinunvise specified in the powcr of attorney it,elf): and ,ugh signature and teal when ,o used :hall have the same force and effect as though manually affixed. RESOLVED FURTHER. that all pistons resolution, of the Board of Detectors concerning pokers of attorney and ahorney> -m -tact remain in fill force and sheen: that all firm, of power, of attorney previously or in the future approved by the Board of Directors, including, but not limited to. so called "fax or facsirn.le powers of attorney ", where the entire power of attomev is a tac,imile. remain in lull three and clFcc: and than on:. form of a power of attoine,� net. be attached to one bond (for Cxamplc. the fi',nn tar which this resolution k a past may be attached to a hid bond I, and another tirrm of power of voine\ man he attached to .uothur hoed (fur example. it fax power of attorney may be attached to the find bond tic a prolcrt for which the different form of power tva, atached to the bid bond) i+uhout affecting the validit.\ '.!'either powc of :ntomcv or bond. IN WITNESS \v I ILREOF, Contractors Bondiuo-, and It :sat' :mcc ( onnpam' has canscd these prescnt< Io he signed by its president and .,costar}', and its corporate seal to be heicunt,% affixed this 13th da,� of Ma%. 20114. -- ---. �•n. �r in Ir� :u�u: :,UO ?: A Birk Eland. Sea'einry State of bNa>fin,ton C'o:nntc of bur, On May 1 t, 2004 before me. Brenda J. Scott Notary P«1111C. pernonaliv appe:ucd Don Sukin and R. Kirk Eiaod personally known to me to be the per.,, ne wh'e „e Lune, arc >uhscrihcd ic. the a irh :it in,uwncnt. n J A.anow ledecd w me all [],et the-, executed the same in their authorized capacities and that by their ,ignaunrs the cnuty upon behalf of which they acted executer the utsttuntent. WITNESS nn' h:md and official seal. Signature _. _ __ -- ... (seal) G�� Brtnde '. Scow. \,tl :u�PahL�� CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 3866 BOND NO. CE 7780 Premium included LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Nobest, Inc., a California corporation, hereinafter designated as the "Principal," a contract for construction of 06-07 Sidewalk, Curb and Gutter Replacement Program, Contract No. 3866 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. 3866 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: Contractors Ting and Insurance undersigned authorized al, and, �t-o4 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 FIVE HUNDRED FORTY -ONE THOUSAND, SIX AND 001100 DOLLARS ($541,006.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attomey's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 26 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 18th day of June . 2007. Nobest, Inc. (Principal) Name of Surety 111 Pacifica. Ste 350 Irvine, CA 92618 Address of Surety 949 - 341 -9110 Telephone Douglas A. Rapp Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 ACKNOWLEDGMENT State of : California County of orange On .tune 18, 2007 befDre me Ray E. Anderson /Notary Public Date N=c aml Title of Officer (e.g., "Janc Doe, Notary Publid') personally appeared Larry Nodland Natne(s) of Signer (s) �J personally known to me [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she / they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. OKAY E. ANDERSON t- COMM. #1579663 v tc.cusaanu 1 N=AWP st. WITNESS my hand and official seal p ORANN COUMY 1 ►qtxan.faph..l..,axaoo Signatu of Notalyll U blic Placc :rotary seal Above ACKNOWLEDGMENT State of California County of Orange o nJ U N 18 2007 before me, A. P. coats, Notary rebut (here insert name and tifre of the officer) personally appeared Dongtas A. Rapp personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in histher/their authorized capacity(ies), and that by his/hedtheir 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 a fficial seal. A.P A COWL I Signature rhrwar Ms1me (seal) �• : +r, .i l�N.•4 ei S�f'•� •�i••v'1�{ir.,,r e+njli �.:; e�..nm i41 READ CAREFULLY- to be the bond specs fled herein Certificate of Appointment and Resolutions of the Board of Directors - The undersigned President and Secretary of("ontractot :s Rondin�, and Insurance Company hereby certify that the President has appoint;d file Anotuev(s) -m -Fact identified on the front tide of thus now'ci of attorney. under and by the authority of the following resolutions adopted by the Board of Directors of COntl'aCtnl'R Bonding and lmurance Compam at a treetine duly geld on December 15, 1993: RL-SOLVLD, that the ('TO, President, CFO, any Vice President, Secretary or any Assistant Secretary, and any other employee as may be specifically authorized by a panicular board resolution T herea`er "Authorized Officer or Employee ") may appoint attorneys -in -fact or agency %cith authority as defined or lintited in the �nstrnment evidencing the appointment in caclr case, tit and on behalf of the Conlpauy. to c�ccute and deliver and affix the .;cal of the ('ompany to bonds, undertakings, rrcogmzances. and ;ur :tyship obligations ol':dl kinds: and any Authorized Officer or Employee may remove any such attorney -m -fact or agent and revoke any power of attorney previously granted to such person. RESOLVED FURTHER. that am bond, undertaking. recognizance. or Suretyship obligation .hall be valid and binding upon the Compan\ (i ) when signed by' the Authorized Officer or Fmploveo and are <ted and sealed (if -a seal be required): of (ii) when steued be the Authorised Officer of Employee. and countersigned and sealed ot'a seal he required) by a duly authorized attorney -in -tact of agent or (iii) when duly executed and sealed Tif a seal be required) by one or more attomevs -in- fact or agents pursuant to and ANithin the limits of the authority evidenced t•v the Power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any Authorized Officer or Employee and the seal of the Company may be affixed by facsimile to anv power f o attorney or ceritication thereof authorizing tine execution and delivery of any bond, undenaking, recoenirurec. or other curet' flip ohlinations of the C'ompary (unless othct-w'ise specified in the Power of attorrev itscla: and arch r,er,aturc and seal when sn used shall hays the same force and effect as though manually affixed. REST )Lb Ell FURTHER. that all prcoo,TS resolutions of the Botu'd o% Dil -CCLLtG concerning powers of attorney and auorncvs -in -tact remain in till] torec and effect: that ;dl terms of power, of attorncw previously of in the future approved by the Board of Director., including, but not limited to. so called -fax of facsimile poNNcis of attorney ", where the entire pow'cr of attorney is a facsimdc, remain in full force and effect: and that one tern of a power of attornev may he attached to one bond (fill- esannple, the team tit w Iii -h tht> resolunon is a part maw be attached to a bid bUfld). and another firm of po\,..r of mforn.: mac hc. attac!ncci it) ,nuoihci hoed (f)r example, a fax power of- attorney tray be attached to the final l-.ord for a proicct for which The dittcrnt tltm of power was attached to the bid bond) AN ithout affecting the yalidir: of ;ither nnweT of anornr, ni brad. IN WITNESS WHEREOF, Coutrattuts Bonding and Insurance ( ornpam' has c,uT cd these presents to be signed by its president and sea - Tart', and !Is corporate seal to be hercu1lu1 a:lixcd inn lath dais of \I:i.. 2004 -- <r). ii W State of \Vauhilm-atn County of Kill, .Xtle N. R. Kirk Gland, Secretan On May 13. 2004 before me. Brenda I. Scott Notary Public, personally appearrd lion Sirkin and R kick Lland personally known to me to be the persoi,; who,c names a'e subacT ibed :0 the v, nhill Tnsn-umert. and .tcknnw ledC,-d m m, all that the: •xccuted the same in their autltofizcd capactticn and that by their ienanT res the coot' upon behalf of AN hich they acted executed the instrument. W11 NESS my hand and official seaL `4PA J. dC', f"I Signature Bmlde J. ~Cott. \otan' Ptihl�, �n�A ' 2 i 7 x5.30, 01," l� 40" WAS'A ACORD. CERTIFICATE OF LIABILITY INSURANCE 07/102007 PRODUCER (949)852 -0909 FAX (949) 852 -1131 Milestone Insurance Brokers 8 Corporate Park, Ste 130 Irvine, CA 92606 Catherine Sariana THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED Nobest, Inc. P.O. Box 874 Westminster, CA 92684 INSURERA: Landmark American Ins. Co. POLICY EFFECTIVE DATE IMWD� INSURERS: Peerless Insurance Company LIMITS INSURERc: RSUI Indemnity Company NSURER D: LHA130500 INSURER E. 10/01/2007 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LM D' MU TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMWD� POLICY EXPIRATION LIMITS GENERAL LIABILITY LHA130500 10/01/2006 10/01/2007 EACH OCCURRENCE S 11000,00 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PRFMIAFA S 50,000 CLAIMS MADE rXI OCCUR MED EXP (Any one Person) $ 5,000 A X X $5000 Deductible PERSONAL&ADVIMURY $ 1,000,00 GENERALAGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS- COMP/OP AGG $ 2,000,00 POLICY X PRO- LOC JECT AUTOMOBILE LIABILITY ANY AUTO CBP8072949 10/01/2006 10/01/2007 COMBINED SINGLE LIMIT (Eaoaitlent) S 1,000,00 X BODILY INJURY (Per Person) S B ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Perac6tlent) S HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per awidenp S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT E OTHER THAN EAACC AUTO ONLY: AGG S ANYAUTO $ EXCESSIUMBRELLA LIABILITY NHA217259 10/01/2006 10/01/2007 EACH OCCURRENCE $ 2,000,00 OCCUR CLAIMS MADE AGGREGATE $ 2,000,00 C $ S DEDUCTIBLE $ RETENTION S WORNERSCOMPENSATIONAND WCSTATU- OTH- LIMITS EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? Byes. P SPECIAL PROVISIONS below E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE E E.L. DISEASE - POLICY LIMIT E Leased /Rented quipment $100,000 CBP8072949 10/01/2006 10/01/2007 Equipment Floater $631,159 OESCRIPMK OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Re: 06 -07 Sidewalk, Curb and Gutter Replacement Contract #3866 City of Newport Beach Public Works Department is added as an Additional Insured Nith Primary Wording per RSG15001 0903 (CG 2010 1185) and Auto form GECA7010904. JC Waiver of Subrogtaion applies when required by contract. `Ten Days Notice of Cancellation for Non - Payment of Premium Supercedes cert issued6 /13/07. City of Newport Beach Public Works Department Shauna Lyn Oylere 3300 Newport Boulevard Newport Beach, CA 92663 ACORD 25 (2001108) SHOULD ANY OF THE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER W1U_*WVdM MAIL 30''` DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ® ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does R affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) cz _ (� This Endorsement Changes The Policy. Please Read It Carefully. ADDITIONAL INSURED BLANKET PRIMARY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: City of Newport Beach Public Works Department City, its officers, agents, officials, employees and volunteers 3300 Newport Boulevard Newport Beach, CA 92663 Re: 06-07 Sidewalk, Curb and Gutter Replacement Contract #3866 Any person or organization to whom or to which you are obligated by virtue of a written contract or by the issuance or existence of a permit, to provide insurance such as is afforded by this policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) SECTION I1- WHO IS AN INSURED is amended to include as an insured the person or organization shown in the SCHEDULE, but only with respect to liability arising out of "your work" for that insured by or for you. If you are required by a written contract to provide primary insurance and non - contributory. SECTION IV _COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance does not apply, but only with respect to coverage provided by this policy. This endorsement effective 10/01/06 forms part of Policy Number LHA130500 issued to Nobest, Inc. by Endorsement No.: RSG 15001 0903 (CG 2010 1185) Includes copyrighted material of Insurance Services Office, Inc. 1984 with its permission CBP8072949 COMMERCIAL AUTO GOLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION 11 — LIABILITY COVERAGE A. COVERAGE 1. WHO IS AN INSURED The following is added: d. Any organization, other than a partnership orjoint venture, over which you maintain ownership or a majority interest on the effective date of this Coverage Form, if there is no similar insurance available to that organization. e. Any organization you newly acquire or form other than a partnership orjoint venture, and over which you maintain ownership of a majority interest. However, coverage underthis provision does not apply: (1) If there is similar insurance or a self - insured retention plan available to that organization: or (2) To "bodily injury" or "property damage' that occurred before you acquired or formed the organization. f. Any volunteer or employee of yours while using a covered "auto" you do not own, hire or borrow in your business or your personal affairs. Insurance provided by this endorsement is excess over any other Insurance available to any volunteer or employee. Any person, organization, trustee, estate or governmental entity with respect to the operation, (-9-) _ maintenance or use of a covered "auto" by an insured, if (1) You are obligated to add that person, organization, trustee, estate or governmental entity as an additional insured to this policy by: (a) an expressed provision of an "insured contract", or written agreement; or (b) an expressed condition of a written permit issued to you by a governmental or public authority. (2) The "bodily injury" or "property damage" is caused by an "accident" which takes place after. (a) You executed the "insured contract" or written agreement, or (b) the permit has been issued to you. 2. COVERAGE EXTENSIONS a. Supplementary Payments Subparagraphs (2) and (4) are amended as follows: (2) Up to $2500 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "Insured" at our request, including actual loss of earning up to $500 a day because of time off from work. Includes copyrigWed material of Insurance SeWiCe5 offs, Inc. with Hs permissmn GECA 7D1 (09f04) Page 1 of 3 SECTION III — PHYSICAL DAMAGE COVERAGE A. COVERAGE The following is added: 5. Hired Auto Physical Damage a. Any "auto' you lease, hire, rent or borrow from someone other than your employees or partners or members of their household is a covered "auto" for each of your physical damage coverages. b. The most we will pay for "loss" in any one "accident" is the smallest of: (1) $50,000 (2) The actual cash value of the damaged or stolen property as of the time of the "toss'; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. If you are liable for the'accident', we will also pay up to $500 per "accident' for the actual loss of use to the owner of the covered "auto". c. Our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by an amount that is equal to the amount of the largest deductible shown for any owned "auto" for that coverage. However, any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. d. For this coverage, the insurance provided is primary for any covered "auto" you hire wdhout a driver and excess over any other collectible insurance for any covered "auto" that you hire with a driver. 5. Rental Reimbursement Coverage We will pay up to $75 per day for up to 30 days, for rental reimbursement expenses incurred by you forthe rental of an "auto' because of "loss' to a covered 'auto". Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for a period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 3o days. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered 'auto". If "loss" results from the total theft of a covered "auto' of the private passenger type, we will pay underthis coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. S. Lease Gap Coverage If a long -term leased "auto" is a covered "auto" and the lessor is named as an Additional Insured — Lessor, in the event of a total loss, we will pay your additional legal obligation to the lessor for any difference between the actual cash value of the "auto' at the time of the loss and the "outstanding balance' of the lease. "Outstanding balance" means the amount you owe on the lease at the time of loss less any amounts representing taxes; overdue payments; penalties, interest orcharges resulting from overdue payments; additional mileage charges; excess wear and tear charges; and lease termination fees. B. EXCLUSIONS The following is added to Paragraph 3: The exclusion for "foss" caused by or resulting from mechanical or electrical breakdown does not apply to the accidental discharge of an airbag. Paragraph 4 is replaced with the following: 4. We will not pay for "loss" to any of the following: a. Tapes, records, disks or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. Includes copyrighted material or Insurance services Offices. Inc, with its permission GECA 101 (09104) Page 2 of 3 It. Equipment designed or used for the detection or location of radar. c. Any electronic equipment that receives or transmits audio, visual or data signals. Exclusion 4.c. does not apply to: (1) Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto ", or (2) Any other electronic equipment that is: (a) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's operating system; or (b) An integral part of the same unit housing any sound reproducing equipment described in (1) above and permanently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. D. DEDUCTIBLE The following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. SECTION IV. — BUSINESS AUTO CONDITIONS A. LOSS CONDITIONS Item 2.a. and b. are replaced with: 2. Duties In The Event of Accident, Claim, Suit, or Loss a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the accident, claim, "suit ", or loss. Knowledge of an accident, claim, "suit", or loss, by other employee(s) does not imply you also have such knowledge. b. To the extent possible, notice to us should include: (1) How, when and where the accident or loss took place, (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the accident or loss. The following is added to 5. We waive any right of recovery we may have against any additional insured under Coverage A.1. Who Is An Insured g., but only as respects loss arising out of the operation, maintenance or use of a covered "auto" pursuant to the provisions of the "insured contract", written agreement, or permit. B. GENERAL CONDITIONS 9. is added: 9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Your unintentional failure to disclose any hazards existing at the effective date of your policy will not prejudice the coverage afforded. However, we have the right to collect additional premium for any such hazard. COMMON POLICY CONDITIONS 2.b. is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. Includes copyrighted material of Insurance Services Offices, Inc. with its permission GECA 701 (09104) Page 3 of 3 CERTHOLDER COPY 56 STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142 -0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 05-13 -2007 GROUP: POLICY NUMBER: 7693043 -2008 CERTIFICATE ID: 56 CERTIFICATE EXPIRES: 10 -01 -2007 10-01 - 2006/10 -01 -2007 CITY OF NEWPORT BEACH SG J08:06 -07 SIDEWALK, CURB 8 GUTTER CONTR 3885 PUBLIC WORKS DEPARTMENT 3300 NEWPORT BLVD NEWPORT BEACH CA 92883-3818 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon30 days advance written notice to the employer. We will also give you 30days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein, Notwithstanding any requirement, term or condition of any contract Or Other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. THORIZEO REPRESENTATI PRESIDENT PIDEN� THIS CERTIFICATE IS PART OF AN ADR FAMILY THAT ALSO INCLUDES THE FOLLOWING POLICIES: 6653043 -08, 6693043 -06 — EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - LARRY NOOLAND PRESIDENT TREASURER - EXCLUDED. ENDORSEMENT #1800 - ROBERT NODLAND VICE PRESIDENT SECRETARY - EXCLUDED. ENDORSEMENT #2085 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10- 01-2005 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2007 -01 -23 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH EMPLOYER NOBEST, INC. SO PO BOX 874 WESTMINSTER CA 92684 [B10,SGI PRINTED : 05 -13 -2007 (REV.2 -05) Page 1 of 1 Oyler, Shauna From: April Walker [AWalker @bbsocal.com] Sent: Tuesday, July 10, 2007 4:35 PM To: Oyler, Shauna Subject: RE: Nobest Cert w /Auto Al Form Hi Shauna, Yes the additional insured endorsement is okay April Walker, CIC Sr. Account Manager Brown & Brown of California, Inc. P.O. Box 6989 Orange, CA 92863 Direct Phone # 714- 221 -1813 Fax: 714- 221 -4196 License #0785279 NOTICE: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. Also, be aware that coverage may not be bound, altered or cancelled by the use of email. ---- Original Message--- - From: Oyler, Shauna [mailto:SOyler @city.newport- beach.ca.us] Sent: Tuesday, July 10, 2007 2:29 PM To: April Walker Subject: Nobest Cert w /Auto Al Form April, Please review the attached insurance docs for Nobest. I do have their Workers Comp with the Wavier of Subrogrartion clause. Is their Auto endorsement okay? Catherine Sariana Milestone Risk Management & Insurance Services 8 Corporate Park, Suite 130 Irvine, CA, 92606 -5195 949 - 852 -0909 ext.234 949 -852 -1131 Facsimile 07/11/2007 License Detail Page 1 of 2 License Detail CALIFORNIA CONTRACTORS STATE LICEN Contractor License # 359622 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: 06/11/2007 * * * Business Information * * * NOBEST INCORPORATED P O BOX 874 WESTMINSTER, CA 92684 Business Phone Number: (714) 892 -5583 Entity: Corporation Issue Date: 07/13/1978 Expire Date: 07/31/2008 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications * * * Class Description 0 GENERAL ENGINEERING CONTRACTOR * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 173466 in the amp $12,500 with the bonding company http: / /www2.cslb.ca.gov/ CSLB_ LIBRARY /License+Detail.asp ?LicNum--359622 06/11/2007 License Detail SURETY COMPANY.OF THE PACIFIC. Effective Date: 01/0112007 Contractor's Bonding History Page 2 of 2 BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer(RMO) RC LAWRENCE NODLAND II certified that he /she owns 10 percent or more of the voting stock the corporation. A bond of qualifying individual is not required. Effective Date: 10/09/1991 * * * Workers Compensation Information * * * This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number: 6693043 Effective Date: 10/01/2004 Expire Date: 10/0112007 Workers Compensation History Personnel listed on this license (current or disassociated) are listed on other licei Personnel List Other Licenses License Number Request Contractor Name Request Personnel. Name Request Salesperson Request Salesperson Name. Request © 2006 State of California. Conditions of Use Privacy Policy http: / /www2.cslb.ca.gov /CSLB_ LIBRARY /License+Detail.asp ?LicNum= 359622 06/11/2007 California Business Search DISCLAIMER: The information displayed here is current as of JUN 08, 2007 and is updated weekly. It is not a complete or certified record of the Corporation. Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender ", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. htt p:// kepler. ss. ca. gov/ corpdata/ ShowAIlList? QueryCorpNumbe t= C0864549 &printerryes Page 1 of I 06/11/2007 Corporation NOBESTINCORPORATED Number: C0864549 Date Filed: 4/25/1978 Status: active Jurisdiction: California Address P O BOX 874 WESTMINSTER, CA 92684 Agent for Service of Process LARRY NODLAND 7600 ACACIA AVE 11GARDEN GROVE, CA 92841 Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender ", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. htt p:// kepler. ss. ca. gov/ corpdata/ ShowAIlList? QueryCorpNumbe t= C0864549 &printerryes Page 1 of I 06/11/2007 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL 2006 -2007 SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM IN AIRPORT AREA, ADA RAMPS, EAST COAST HIGHWAY CURB & GUTTER, BALBOA PENINSULA BEACH WALKWAY REPLACEMENT,. & PARK ASPHALT WALKWAY REPLACEMENT CONTRACT NO. 3866 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. 3866 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 Surveying Services @ VA &a i T"AwSWO Dollars and Cents Per Lump Sum Lump Sum Restoration of Public and Private Improvements @Tl" fir TOO Dollars and Cents Per Lump Sum cr, $ Sow PR2of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 3. Lump Sum Mobilization @ %vo T/iSiiar—Dollars and Cents $L, Per Lump Sum 4. Lump Sum Traffic Control @ fiyd- 7WiSfhvD Dollars and Cents $ Per Lump Sum 5. 12,786 S.F. Remove and Reconstruct 6 -in Thick PCC Sidewalk w/ Thickened Edge @ olaley Dollars and W 02 Cents $ $ 190, k, Per Square Foot 6. 5 Each Replace Existing Electrical Pull Box and Cover @ F& AM~ Dollars and W Cents $ $ 2�5� Per Each $ 60,1W, Cr Subtotal Price Items 3 -6 (Figures) 7. Lump Sum Mobilization @_Tvo 7rAV46" Dollars and op Cents $ xzyy Per Lump Sum PR3of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 8. Lump Sum Traffic Control 7AZ50,;y0 Dollars and Cents Per Lump Sum 9. 8,600 S.F. Remove and Construct 6 -in Thick PCC Park Walkway @ GsJ4#-r Dollars and Cents Per Square Foot 10. 270 L.F. Remove and Construct Type "B" PCC Curb @ Dollars and Cents Per Linear Foot 11. 7 Each Remove and Replace Existing Marker Type Q $ 20 4? $ 5ct0o ` Sri $ S000 49 @ 0AAC11aiuDKtD ft Dollars and 40 Cents $_ Per Each $ 0L 2,�6 Q Subtotal Price Items 7-11 (Figures) 12. Lump Sum Mobilization @ 7e,aO 7Tf+x&W Dollars and. Cents Per Lump Sum PR4of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 13. Lump Sum Traffic Control @ fiGfur1&5*�4 Dollars and a2 Cents $ SCbd Per Lump Sum 14. 20,376 S.F. Remove and Reconstruct 4 -in Thick PCC Sidewalk @ FMe- Dollars and a2 Cents $ Jr $ 0 Per Square Foot 15. 1,408 L.F. Remove and Reconstruct Type "A" PCC Curb and Gutter @g/Ulr Dollars and cd ct9 Cents Per Linear Foot 16. 2,520 S.F. Remove and Reconstruct PCC Driveway Approach @ S,-5/, Dollars and Cents $ ? $ l7 Giro Per Square Foot 17. 106 Each Prune Tree Root and Install Root Barrier @ &0 11UP014O Dollars and Cents $ $ 7i Per Each PR5of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE - �O - @ ' rBelfars ..�- $ $ b� Per Each A.pQcwOun 01 $ 061,0U6 Subtotal Price items 1245 (Figures) 17 19. Lump Sum Mobilization @ 72W INMSOW.0 Dollars and �G Cents $ Ztyo Per Lump Sum 20. Lump Sum Traffic Control @ Fives 7'H0gS Wp Dollars and Cents $ 7 2� Per Lump Sum 21, 1,020 L.F Construct Type "A" PCC Curb and Gutter @ Dollars and a7 ar Cents $ 9iq $ �( Per Linear Foot 22. 70 L.F. Remove Existing AC curb Dollars and r14 Cents Per Linear Foot ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT PR6of6 TOTAL AND-UNIT PRICE WRITTEN IN WORDS PRICE PRICE 23. 1 Each Adjust Manhole Cover and Frame to Grade @ RM U400/4W Dollars 24. and Cents Per Each =, 10 .. 1 Each Relocate and Replace Existing Electrical Box @ Fl d6 &Aj.040 Dollars and Cents Per Each $ 3;70 Subtotal Price Items 18-24 (Figures) /9 -&r GRAND TOTAL PRICE IN WRITTEN WORDS and Cents $ 5�06 Grand Total Price (Figures) f4 - /J -a7 Not36- ST- -EN C, Date Bidder -7'q- 812--S-593 7 Ay, 7,1*373 -41039 PQ ,f S Bidder's Telephone and Fax Numbers Bidder's License No(s) and Classification(s) Bi ' A h rized ignature and Title �. '� wE737 -M ,Js7�R_ GA 72-45y Bidder's Address Bidder's Email Address: cz r � Msa Vby&mmdbnitr VY0WW -07 sidewalk wb& Soda c386ftmpOS4 c3B66 doc PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS 1 1 1 1 2 2 2 2 2 3 3 3 3 3 3 3 4 4 & ASPHALT WALKWAY REPLACEMENT CONTRACT NO. 3866 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4-1.3.4 Inspection and Testing SECTION 5 UTILITIES 5-7 ADJUSTMENTS TO GRADE 5 -8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 1 1 1 1 2 2 2 2 2 3 3 3 3 3 3 3 4 4 6 -7 TIME OF COMPLETION 4 6 -7.1 General 4 6 -7.2 Working Days 4 6 -7.4 Working Hours 4 6 -9 LIQUIDATED DAMAGES 5 6 -11 SEQUENCE OF CONSTRUCTION 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -7 COOPERATION AND COLLATERAL WORK 5 7 -8 PROJECT SITE MAINTENANCE 6 7 -8.5 Temporary Light, Power and Water 6 7 -8.5.1 Steel Plates 6 7 -8.6 Water Pollution Control 6 7 -8.6.1 Best Management Practices and Monitoring Program 6 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 7 -10.1 Traffic and Access 7 7 -10.2 Storage of Equipment and Materials in Public Streets 7 7 -10.3 Street Closures, Detours, Barricades 7 7 -10.4 Public Safety 8 7- 10.4.1 Safety Orders 8 7 -10.5 "No Parking" Signs 9 7 -10.7 Notice to Residents and Temp Parking Permits 9 7 -15 CONTRACTOR LICENSES 9 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 10 SECTION 9 MEASUREMENT AND PAYMENT 10 9 -3 PAYMENT 10 9 -3.1 General 10 9 -3.2 Partial and Final Payment 14 PART 2-- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel 14 14 14 14 14 SECTION 209 ELECTRICAL COMPONENTS 14 209-2 MATERIALS 14 209 -2.5 Pull Boxes 14 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 14 300 -1 CLEARING AND GRUBBING 14 300 -1.3 Removal and Disposal of Materials 14 300 -1.3.1 General 14 300 -1.3.2 Requirements 15 300 -1.5 Solid Waste Diversion 15 SECTION 302 ROADWAY SURFACING 15 302 -5 ASPHALT CONCRETE PAVEMENT 15 302 -5.1 General 15 302 -5.4 Tack Coat 15 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 16 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 16 303 -51 Requirements 16 303 -5.1.1 General 16 303 -5.5 Finishing 16 303 -5.5.1 General 16 303 -5.5.2 Curb 17 303 -5.5.4 Gutter 17 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 17 308 -1 GENERAL 17 APPENDIX A WORK SCHEDULE: 06 -07 SIDEWALK, CURB & GUTTER IN AIRPORT AREA & WESTCLIFF AND CAMEO SHORES CURBACCESS RAMPS F18 CITY OF NEWPORT BEACH MW C64465 PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS AREA, ADA RAMPS, EAST COAST HIGHWAY CURB AND GUTTER CONSTRUCTION, BALBOA PENINSULA BEACH WALKWAY REPLACEMENT & BAYSIDE DRIVE PARK ASPHALT WALKWAY REPLACEMENT CONTRACT NO. 3866 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing Nos. R- 5917 -L, R- 5918 -S, M -5283- S, P- 5208 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE. Add to this section, "The work necessary for the completion of this contract consists of removing existing sidewalk, curb and gutter, cross gutter, asphalt walkway, root removal /pruning, and construction of new PCC sidewalk, PCC curb and gutter, installing new tree root barriers per City standards, constructing cross gutters and other incidental items of work." 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The Contractors California Licensed Land Surveyor shall utilize /follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The design surveyor for this project was Coast Surveying and can be SP2OF18 contacted at (714) 918- 6266. At a minimum, two (2) sets of cut- sheets for all areas shall be included in the bid price and copies of each set shall be provided to City 48- hours in advance of any work. In addition, the filing of a Comer Record and /or a Record of Survey with the County Surveyor's Office is required after the completion of Work. Prior to any demolition Work the Contractor shall prepare and submit the Corner Records for review by the City a minimum of three (3) working days before the anticipated Work. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work." 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor." SP3OF18 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 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 3rd paragraph: "upon completion of the work or phase of work, the Contractor shall remove all USA utility markings by a method that does not damage existing surfaces." 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust or replace to finish grade City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor will be required to contact Southern California Edison, The Gas Company, SBC Telephone, cable television, and other utility facilities to have existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing sewer /storm drain manhole (including grade rings), meter or valve box covers. The Contractor shall salvage all removed cast iron pipes. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operations Manager, at(949)718 -3402. SP 4 OF 18 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 75 consecutive working days after the date on the Notice to Proceed. 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 Vi ,t the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4"' the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve — half day), December 25th (Christmas), and December 31St (New Year's Eve — half day). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 8:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, 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. SP5OF18 Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $123.90 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00." Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." 6 -11 SEQUENCE OF CONSTRUCTION. The order of construction shall be (1) Airport Area Sidewalk, Curb and Gutter; (2) ADA Ramps; (3) East Coast Highway Curb and Gutter Construction; (4) Balboa Peninsula Beach Walkway. Each sequence location of work shall be completed prior to beginning work at another site. SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Department. The City must approve any nighttime work in advance. SP6OF18 The Contractor shall provide and install new water meter and valve boxes. Existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operation Manager, at (949) 718 - 3402." 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 -8.5.1 Steel Plates. Add this section: "Steel plates utilized for utility trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." 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.citv.newport- beach. ca. us /pu bworks /li nks. 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. SP7OF18 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. 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 plans(s) for each street, parking lot and sidewalk. 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: SP8OF18 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners. 5. Type II barricades shall be located at the beginning and end of each individual closed sidewalk area from time of removal until placement of backfill and final cure of the sidewalk. 6. On Balboa Peninsula Walkway, the sidewalk may be closed continuously during non -work hours only during concrete curing operations on weekdays. The sidewalk shall be open for public use from 5:00 p.m. on Friday to 8:00 a.m. the following Monday. 7. On Balboa Peninsula Walkway, the Contractor shall ramp each end of the sidewalk removal whenever the sidewalk is open and a "step- down" condition exists between the removed sidewalk and the existing improvements. 8. On Balboa Peninsula Walkway, the Contractor shall detour sidewalk users to use Balboa Boulevard and street ends adjacent to the work while sidewalk is closed. 9. On Bayside Drive Park, the Contractor shall provide plans for detour of sidewalk users during walkway replacement work. 10. On East Coast Highway, the lane nearest the median on N/B ECH shall be open at all times. A lane closure nearest the construction area is allowed only between 9:00 a.m. to 3:00 p.m. on N/B ECH. For any proposed lane closures, a Traffic Control Plan will need to be submitted for review and approval by the City. 11. On East Coast Highway, the Contractor will have available a street sweeper for onsite cleanup. 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 SP9OF18 and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall 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 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" or "C -8" 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. SP 10 OF 18 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 Surveying Services: Work under this item shall include providing any and all surveying required to complete the work in place, including restoration of survey monuments and filing the corner records /record of survey with the County of Orange. Item No. 2 Restoration of Public and Private Improvements: Work under this item shall include, as determined necessary by the Engineer, removal of USA markings, repair, restoration, or reconstruction all existing public and private improvements disturbed or damaged by the work which are not designated for removal. Such restoration work may include, but not be limited to: turf, plants and planters, shrubs, trees, irrigation components, electrical components, fences, brick and brick pavers, concrete, painting of various surfaces, ornaments and other decorative items required to complete the work in place. Balboa Peninsula Beach Walkway Replacement (Drawing No. M- 5283 -S) Item No. 3 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, and all other related work as required by the Contract Documents. SP 11 OF 18 Item No. 4 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flag persons. 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. 5 Remove and Reconstruct 6 -Inch Thick P.C.C. Sidewalk with Thickened Edge per Plan Detail (M- 5283 -S): Work under this item shall include removing and disposing of the existing sidewalk, retaining curb, subgrade compaction, constructing the 6 -inch thick P.C.C. sidewalk with thickened edge per plan detail, and all other work items as required to complete the work in place. Item No. 6 Replace Existing Electrical Pull Box and Cover: Work under this item shall include the cost to remove and dispose of the existing and install new traffic grade pull box, conduit if necessary and cover; reconnect existing street light wirings within the pull box, and complete all other items as required per the applicable City of Newport Beach Standard Plans. Bayside Drive Park Asphalt Walkway Replacement (Drawing No. P- 5208 -S) Item No. 7 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, and all other related work as required by the Contract Documents. Item No. 8 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flag persons. 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. 9 Remove and Construct 6 -Inch Thick P.C.C. Park Walkway per Plan Detail (P- 5208 -S): Work under this item shall include removing and disposing of the existing A.C. walkway, subgrade compaction, constructing the 6 -inch thick P.C.C. walkway per plan detail, and all other work items as required to complete the work in place. Item No. 10 Remove and Construct Type "B" P.C.C. Curb: Work under this item shall include removing and disposing of the existing A.C. curb, compacting subgrade, constructing Type "B" P.C.C. Curb per City Standard STD - 182 -L, restoring all existing SP 12 OF 18 improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 11 Remove and Replace Existing Marker Type Q per CALTRANS Standard Plan A73A: Work under this item shall include removing and disposing of the existing markers, furnishing and installing new markers complete and in -place per Standard. 2005 -06 Sidewalk, C &G Replacement in Airport Area (Work Schedules) Item No. 12 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, and all other related work as required by the Contract Documents. Item No. 13 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flag persons. 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. 14 Remove and Reconstruct 4 -Inch Thick P.C.C. Sidewalk: Work under this item shall include removing and disposing of the existing sidewalk, subgrade compaction, constructing the 4 -inch thick P.C.C. sidewalk, and all other work items as required to complete the work in place. Item No. 15 Remove and Construct Type "A" P.C.C. Curb and Gutter: Work under this item shall include removing and disposing of the existing curb and gutter, compacting subgrade, reconstructing curb openings of existing curb drains, constructing Type "A" P.C.C. curb and gutter per City Standard STD - 182 -L, AC patch back, re- chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Gutter width shall be matched to existing. Item No. 16 Remove and Construct P.C.C. Driveway Approach: Work under this item shall include removing existing improvements and constructing P.C.C. driveway approach and all other work items as required to complete the work in place. Item No. 17 Prune Tree Root and Install Root Barrier: Work under this item shall include root pruning and disposal, providing and installing root barriers per Section 308- 1, removal and disposal of excess soil, and all other work required to complete the work in place. All utilities or other improvements damaged by the work shall be immediately SP 13 OF 18 repaired at the expense of the Contractor and no additional compensation shall be made. Item No. 18 Remove and Install PCC Curb Access Ramp: Work under this item shall include removing existing improvements and constructing P.C.C. Curb Access Ramp, per plan, including detectable warning surfaces, and all other work items as required to complete the work in place. East Coast Highway Curb & Gutter Replacement (Drawing No. R- 5918 -S) Item No. 19 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, and all other related work as required by the Contract Documents. Item No. 20 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flag persons. 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. 21 Construct Type "A" P.C.C. Curb and Gutter: Work under this item shall include removing and disposing of the existing pavement, compacting subgrade, reconstructing any curb openings of existing curb drains, constructing Type "A" P.C.C. curb and gutter per City Standard STD - 182 -L, backfilling behind curb, AC patch back, chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 22 Remove Existing AC curb: Work under this item shall include the cost of removing and disposing of the existing AC curb and all other work items as required to complete the work in place. Item No. 23 Adjust Manhole Frame and Cover to Grade: Work under this item shall include all labor, tools, equipment, and material costs for adjusting manhole frame and cover to grade and all other work items as required to complete the work in place. Item No. 24 Relocate and Replace Existing Electrical Box: Work under this item shall include the cost to remove and dispose of the existing and install new traffic grade electrical box, conduit if necessary and cover; reconnect existing street light wirings within the box, and complete all other items as required. SP 14 OF 18 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, Type V." 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Grade 60 steel conforming to ASTM A615 with 2 -inch minimum cover unless shown otherwise on the plans." SECTION 209 - -- ELECTRICAL COMPONENTS 209 -2 MATERIALS 209 -2.5 Pull Boxes. On Balboa Peninsula Beach Walkway, all replacement pull boxes shall be Eisel Enterprises #3 -1/2F concrete pull box (E35FPB) complete with an Armorcast Products 20K traffic cover (A6001922SMT- Electric). 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 hfti)://www.city.newport-beach.ca.us/GSV/Hauler%2OListl.pd f 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 SP 15 OF 18 supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday." 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words "1-Y2 inch" of the last sentence with the words "two (2) inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 302 - -- ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section: "The asphalt concrete (A.C.) used for surface caps shall be III -C3 -AR -4000. The A.C. for base course shall be III -132 -AR -4000. All cracks '/ -inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot - applied crack sealant approved by the Engineer. In residential areas no highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top 1 '/z inches of asphalt shall be placed in a separate lift. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted 95% minimum with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302 -5.4 Tack Coat. Add to this section: "Prior to placing the asphalt concrete patches, a tack coat of Type SS-1h asphaltic emulsion at a rate not to exceed one — tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." SP 16 OF 18 SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: 1. "Driveway approaches shall be reconstructed and open for use within three calendar workdays after the commencement of driveway approach removal. 2. Driveway approaches shall be constructed one half at a time so that garage access is continuously maintained, unless a signed agreement with the property owner can be obtained. 3. Curb access ramps, sidewalk, curb and gutter shall be reconstructed and open for use within five calendar workdays after commencement of their removal. 4. All curb and gutter shall be constructed on the top 10 inches of 95 percent relative compacted subgrade. 5. Reconstructed sidewalk and curb access ramps shall be opened to public use on the day following concrete placement. 6. All forms shall be removed, irrigation systems shall be repaired, and backfill or patch -back shall be placed within 72 hours following concrete placement. 7. All damaged private improvements shall be repaired in -kind to the satisfaction of the respective owner within 72 hours or reconstructed work. 8. P.C.C. work subjected to vehicle loads such as driveways and gutters shall not be opened to traffic until the concrete has cured to a minimum strength of 3,000 psi. The Contractor shall detour traffic around such work until the work is ready for public use." 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." SP 17 OF 18 303 -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." 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 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall submit recommendations by its arborist to the City for review for safely pruning and removing tree roots. No roots shall be pruned of removed unless this submittal is returned to the Contract as satisfactory. Prior to the submittal, the Contractor shall arrange to meet with the City's Urban Forester, Mr. John Conway ((949) 644 -3083) at the site to discuss City standards and requirements. The submittal shall adhere to the following guidelines. 1. Root Pruning a. Prior to removal of the damaged concrete, no root pruning will be allowed after the new concrete has been installed. b. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. c. Roots shall be cleanly severed using a root - pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root - cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Prunina a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.). SP 18 OF 18 b. Selective root pruning shall be performed with an ax or stump - grinding machine instead of a root - pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre- approved by the City's Urban Forester. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. 4. Root Barrier Specifications: a. Install root barrier panels with the length of each root pruning cut at a minimal of 14" below grade for sidewalks and 26" for curbs. b. The product shall be a minimal of 0.085 thickness and material of polyethylene plastic with ultra violet inhibitors (e.g., Century Root Barrier Panels, CP- Series, CP12 -2). c. The product shall be installed per manufacturer's specifications." F :\Users\PBW\Shared\Contracts \FY 06- 07\06-07 SIDEWALK CURB & GUTTER C- 3866ZPECS C- 3866.doc APPENDIX A WORK SCHEDULE: 2006 -07 SIDEWALK CURB AND GUTTER IN AIRPORT AREA & WESTCLIFF AND CAMEO SHORES CURB ACCESS RAMPS WORK SCHEDULE NO. LOCATION STREET NAME& NO. SIDEWALK C & G LF. ACCESS ROOT PRUNING DRIVEWAY S .FT. RAMP -SF APPROA HS F 1 3700 Campus Dr. 60 2 3800 Campus Dr. 72 1 3 3822 Campus Dr. 450 95 4 3848 Campus Dr. 690 142 4 5 3900 Campus Dr. 40 6 3926 - 3950 Campus Dr. 720 3 7 4000 Campus Dr. 252 66 80 8 12101 Dove St. on Campus Dr. 97 9 4242 Campus Dr. 125 60 1 10 4200 Campus Dr. 80 17 145 11 4400 Campus Dr. 250 22 2 12 4500 Campus Dr. 205 1 13 4540 Campus Dr. 450 3 14 4600 Campus Dr. 160 1 15 4630 Campus Dr. 80 16 14667 Campus Dr. (by Starbucks 106 1 17 4770 Campus Dr. 400 2 18 AF 2301 Campus Dr. 135 1 19 4940 Campus Dr. 160 1 20 5010 Campus Dr. 120 21 5030 Campus Dr. 192 1 22 5160 Campus Dr. 65 1 23 5190 Campus Dr. 370 37 4 120 24 25 4601 Jamboree Rd. 90 26 4425 Jamboree Rd. 75 1 27 4321 Jamboree Rd. 285 3 28 4101 Jamboree Rd. 300 42 4 29 S/B Jamboree Rd. between Koll Center & 30 Mac Arthur Blvd. 110 2 31 3601 Jamboree Rd. 330 28 32 14590 Mac Arthur Blvd. at Birch St. 394 33 4590 Mac Arthur at Birch by back entrancE 50 34 4910 Birch St. 530 3 35 5000 Birch St. # 1 100 1 36 #2 150 2 37 #3 265 2 38 5100 Birch St. 170 1 39 4601 Jamboree Rd. at Birch St. 55 40 15015 Birch St. 30 1 60 41 5031 Birch St. 20 42 4675 Birch St. 510 5 43 AF 2040 Quail St. 510 2 44 AF 2028 Quail St. 50 1 45 AF 2000 Quail St. 350 1 46 AF 1900 Quail St. 110 1 47 1811 Quail St. 120 20 48 1701 Quail St. 60 10 49 AF 1300 Quail St. 100 50 AF 1200 Quail St. 75 50 1 51 901 Dove St. on Quail St. 30 52 1000 Quail St. 160 1 Page 1 WORK SCHEDULE NO. LOCATION STREET NAME& NO. SIDEWALK C & G LF. ACCESS RAMP -SF ROOT PRUNING DRIVEWAY APPROACH SF a0l .FT. 53 1100 Quail St. 100 1 54 1200 Quail St. 15 55 2020 Quail St. 100 56 2026 Quail St. 60 57 1401 Dove St. 150 58 1301 Dove St. 100 59 AF 901 Dove St. 50 1 60 11000 Dove St. 60 30 1 61 JAF 1201 Dove St. 80 1 62 1300 Dove St. 48 6 63 4100 Newport Place on Dove St. 200 20 1 64 N/E corner of Dove St.& Dolphin Striker 100 65 1600 Dove St. 8 66 1660 Dove St. 80 48 20 67 68 1401 Quail St. on Spruce St. #1 160 1 69 1#2 120 1 70 # 3 85 71 # 4 75 72 AF 1401 Quail St. on Spruce St. # 1 170 1 73 # 2 42 74 3990 Westerley Place 440 75 4000 Westerley Place 100 33 330 76 1601 Newport Plaza on Westerley Place 125 1 77 [Dolphin Striker Way 78 # 1 100 33 1 79 # 2 275 1 80 # 3 80 32 1 81 Scott Place 82 # 1 31 310 83 # 2 60 1 84 # 3 60 1 160 85 14250 Corinthian Way 130 60 1 70 86 Corinthian Way from Scott Place to Mac Arthur Blvd. 87 # 1 110 31 1 88 # 2 50 16 120 89 Corinthian Way from Mac Arthur Blvd. to Birch St 90 # 1 45 91 # 2 110 1 92 # 3 90 1 93 1#4 80 94 # 5 25 95 # 6 60 Page 2 WORK SCHEDULE NO. LOCATION STREET NAME& NO. SIDEWALK C& G LF. ACCESS RAMP -SF ROOT PRUNING DRIVEWAY S .FT. APPROACH SF 96 Martingale Way 97 # 1 25 98 # 2 210 2 99 # 3 55 100 #4 165 101 #5 165 36 3 300 102 # 6 55 103 #7 100 22 104 Newport Place 105 # 1 75 106 # 2 48 107 5100 Campus Dr. on Teller Ave. 134 1 108 4701 Teller Ave. 109 # 1 50 1101#2 30 111 # 3 210 34 1 112 4611 Teller Ave. 113 #1 100 1 114 #2 150 1 115 4200 Von Karman Ave. 116 #1 108 117 #2 150 1 118 4220 Von Karman Ave. 119 #1 180 1 120 # 2 150 1 121 #3 320 1 122 4300 Von Karman Ave. # 1 470 40 123 4340 Von Karman 124 # 1 250 1 125 1# 2 120 1 126 # 3 270 1 127 4490 Von Kerman Ave. 128 # 1 330 1 129 # 2 120 130 4650 Von Karman Ave. 131 # 1 110 132 # 2 56 35 133 4750 Von Karman Ave. 134 # 1 88 135 #2 168 1 136 4880 Campus Dr. on Von Karman Ave. 10 137 4701 Von Karman Ave. # 1 60 500 138 SIW corner of Birch & Von Karman Ave. 180 1 139 4343 Von Karman Ave. 140 # 1 140 1411# 2 60 142 # 3 48 143 # 4 70 1 144 # 5 100 1 145 #6 90 1 146 97 200 1 Page 3 WORK SCHEDULE NO. LOCATION STREET NAME& NO. SIDEWALK C & G LF. ACCESS ROOT PRUNING DRIVEWAY SOFT. RAMP- F APPROACH SF 147 4100 Mac Arthur Blvd. on Von Karman Ave. 148 #1 450 3 149 # 2 210 150 #3 27 270 151 # 4 64 152 #5 465 3 153 #6 36 CURB ACCESS RAMPS IN WESTCLIFF REMARKS 154 Highland at Oxford 4 CASE "E" 155 Highland at Cambridge 4 CASE "E" 156 Highland at Nottingham 4 CASE "E" CURB ACCESS RAMPS IN CAMEO SHORES 157 Cameo Shores at Hampden 2 CASE "E" 158 Cameo Shores at Roxbu 2 CASE "E" 159 Cameo Shores at Fairfield North 1 CASE "L" 160 Cameo Shores at Fairfield South 1 CASE "E" Totals 20376 1408 18 106 2520 Page 4 PROJECTAREA JOHN WAYNE AIRPORT AREA CURB AIRPORT x GUTTER AND SIDEWALK, RFPLACFMFNl �� 9y CITY OF COSTA MESA , CITY OF (� MCTORIA ST m �'° IRVINE '�� , '- UPPERt NE�PQIiT. r A A ACCESS —As :;j .....: " RA MPS 1 ST c, 'AVE (WESTCLIFF 16TH sr ik' �I�IOA 73 F RD _:. ACIFjC OC f . PROJECT AREA VICINITY MAP ADA ACCESS RAMPS r NOT TO SCALE CAMEO SHORES) " "`` GENERAL NOTES: 1. SEE WORK SCHEDULES OF 2006 -07 AIRPORT AREA CURB, GUTTER AND SIDEWALK CONTRACT FOR SPECIFIC LOCATION 2. CONTRACTOR TO REMOVE AND RECONSTRUCT TYPE "A" CURB & GUTTER PER CNB STANDARD PLAN STD - 182 —L, VARIED CURB FACE TO MATCH EXISTING. 3. CONTRACTOR TO SAWCUT AND REMOVE EXISTING PCC IMPROVEMENTS AND CONSTRUCT PCC CURB ACCESS RAMP PER DETAIL ON SHEET 2 4. CONTRACTOR SHALL PROVIDE MEANS AND PERSONNEL TO PROTECT WORK AREA FROM VANDALISM DURING CONSTRUCTION. C -3866 . CITY OF NEWPORT BEACH APPROVED PUBLIC WORKS DEPARTMENT 05/08 /07 MI AEL J. SfNACORI R.E. 46214 DATE 2006 -07 SIDEWALK, CURB, GUTTER, & CURB PRINCIPAL CIVIL ENGINEER ACCESS RAMPS REPLACEMENT PROGRAM DATE 04/16/07 SCALE N.T.S SHT 1 OF 3 DESIGNED: TS DRAWN: TS I R- 5917 -L P/L 10' 4 r� 22% ( MAX.) EXISTING BACK 33% (MAX) RETAINING CURB IF NECESSARY SECTION A - A i EXISTING DEPRESSED SIDEWALK AS REQUIRED EXISTING SIDEWALK C & G----, 1 1`, �A �, �` 5' VARIABLE HEIGHT FULL CF \ RETAINING CURB EXISTING SIDEWALK -- - - - - -- STD- 181 -L -A CASE "E" ` ------- - - - - -- A R =5' PLANTING AREA 0" LIP '---------------- -- - - - - -- FULL CF CURB ACCESS RAMP, CASE "E" N.T.S. 1. FOR GENERAL NOTES, SEE CNB STD -181 -L 2. ALL CONCRETE SHALL BE REMOVED AND REPLACED TO THE NEXT JOINT i CITY OF NEWPORT BEACH APPROVED ROVE PUBLIC WORKS DEPARTMENT 05/08/07 MICR L J. INACORI R.E. 46214 DATE 2006 -07 SIDEWALK, CURB, GUTTER, & CURB PRINCIPAL CIVIL ENGINEER ACCESS RAMPS REPLACEMENT PROGRAM DATE 04/16/07 ISCALE Nrs ISHT 2 OF s DESIGNED: TS DRAWN' TS I R- 5917 -L I EXIST II ISIDEWALIK II W 27, I L.o I I > I II cn I II Ill I O �A fti G7 • +inn°' •.' o��'v' '' � See STD 181 -L -B CASE �,ax s1oPe CASE "L" FAIRFIELD DRIVE DETAIL CURB ACCESS RAMP N.T.S. 1. FOR GENERAL NOTES, SEE CNB STD -181 —L 2. ALL CONCRETE SHALL BE REMOVED AND REPLACED TO THE NEXT JOINT LOCATION (FROM THE WORK SCHEDULE): LOC. #159: CAMEO SHORES DRIVE AT FAIRFIELD DRIVE (NORTH CORNER) C -3866 CITY OF NEWPORT BEACH APPROVED PUBLIC WORKS DEPARTMENT o5 os /o7 MI . AEL SINACORI R.E. 46214 DATE 2006 -07 SIDEWALK, CURB, GUTTER, & CURB P NCIPAL CIVIL ENGINEER DATE 04 16 07 SCALE N.T.S SHT 3 of 3 ACCESS RAMPS REPLACEMENT PROGRAM DESIGNED: Ts I DRAWN: TS I R- 5917 -L • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 8 June 26, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Tom Sandefur 949 - 644 -3312 or tsandefur @city.newport- beach.ca.us SUBJECT: SIDEWALK, CURB AND GUTTER REPLACEMENT FY 06 -07 - AWARD OF CONTRACT NO. 3866 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3866 to Nobest, Inc. for the Total Bid Price of $541,006 and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $54,000 to cover the cost of unforeseen work. DISCUSSION: At 10:30 a.m. on June 11, 2007 the City Clerk opened and read the following bids for this project: TOTAL BID AMOUNT $541,006.00 $632,330.00 $664,007.00 $732,068.08 " $747,752.00 $784,172.20 $853,292.00 " Corrected Bid Amount The low total bid amount is 21 percent below the Engineer's Estimate of $657,838. Due to the cooling of residential building in Southern California, additional contractors were available to bid on this project, which resulted in a more competitive bid. The low bidder, Nobest, Inc., possesses a California State Contractors License Classification A as required by the project specifications. Nobest has satisfactorily completed similar projects for the City and other municipalities. • This project consists of removing and reconstructing concrete sidewalk, curb and gutter in the Airport Area; East Coast Highway curb and gutter construction from Cameo Highlands BIDDER Low Nobest, Inc. 2 L.H. Engineering Co., Inc. 3 Damon Construction Co. 4 Kalban, Inc. 5 Sully - Miller Contracting, Co. 6 EBS, Inc. 7 S. Parker Engineering, Inc. TOTAL BID AMOUNT $541,006.00 $632,330.00 $664,007.00 $732,068.08 " $747,752.00 $784,172.20 $853,292.00 " Corrected Bid Amount The low total bid amount is 21 percent below the Engineer's Estimate of $657,838. Due to the cooling of residential building in Southern California, additional contractors were available to bid on this project, which resulted in a more competitive bid. The low bidder, Nobest, Inc., possesses a California State Contractors License Classification A as required by the project specifications. Nobest has satisfactorily completed similar projects for the City and other municipalities. • This project consists of removing and reconstructing concrete sidewalk, curb and gutter in the Airport Area; East Coast Highway curb and gutter construction from Cameo Highlands • Sidewalk, Curb and Gutter Replacement 006 -07 — Award of Contract No. 3866 June 26, 2007 Page: 2 Drive to Pelican Point Drive; Balboa Peninsula Beach Walkway Replacement; and Bayside Drive Park asphalt walkway replacement. Pursuant to the Contract Specifications, the Contractor will have 75 consecutive working days to complete the work. Environmental Review: This project is categorically exempt from the provisions of CEQA per Section 15301(c), since the project consists of repairs to existing sidewalk that do not expand use of the facilities. A Notice of Exemption has been filed with the County Clerk. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work two City prepared notices are distributed by the contractor to both residents and businesses. The first notice will be distributed ten days before work in the area and the second notice 48 hours prior to starting work in the area. Geotechnical Services: In addition to the contract costs, approximately $7,210 in consulting geotechnical services is estimated for this project and will be performed under the respective on -call professional services agreement. Funding Availability: There are sufficient funds available in the following accounts for the project: Account Description General Fund Tide and Submerged Lands General Fund PCH Relinquishment Proposed uses are as follows: Vendor Nobest, Inc. Nobest, Inc. Harrington Geotechnical Prepared by: i Tom Sandef Associate Civil Engineer Attachment: Bid Summary Account Number Amount 7013- C5100020 $301,216 7231- C5100570 100,000 7015- C3170818 115,000 7254- C3140850 86,000 Total: $602,216 Purpose Amount Construction Contract $541,006 Construction Contingency 54,000 Materials Testing 7,210 Total: $602,216 Submitted by Stems� e . Badum ,P,Ftbli Works Director • • . 91 IHEER'IESTI6N WC • 0 SULLYAaLLER CONTRACTING1 ITEM OESCRIPTION CITY OF NEWPORT BEACH UNIT AMOUNT UNIT I AMO NT PUBLIC WORKS DEPARTMENT I AM UNIT TITLE: 20N N07 CU1b 6 OUlbr NPIi 6M PMMM BIOLO ]ION: CINCMN.YOBw- Gb1611 t 1 CONTRACT NO.: 44444 SAM.. Lt.luwt TD4E 10.90 DWO.M MMOSSI E6IGINBEF:S ESTIMATE: 95TAS.m BY: TO CNECNE6. 11JUf 1000100 14000.09 PROJECT MANAGER: T. SANOEFUR R Rromnkn Plbk aM PMS Im mvxmllm 11 A READ TOTAL MO PRICE IUNCORRECTEN ENGINEERSESTIMATE 91 IHEER'IESTI6N WC L.H. ENGINEERING W. 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OWN 9000.00 M.00 15A0 1.00.. 10044 3dSMM .00.00 50.40 SOON 100.00 100. 1.40000 Imam im0.m tOMm 110m 1100.m 00 2000 EE 5785. 4TH 747752. 5TH 792008.08 8TH 784.17220 TTH 5920800 ]57.508.08 1WVf{0.Wbn6YaNa[(Ma1W1061AN.MFY Pp.I 0 •