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C-3945 - Newport Coast Drive and Pelican Hill Road North Right-Turn Improvement Project
CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani 1. Brown, MMC January 13, 2010 GMC Engineering, Inc. 1401 Warner Avenue, Ste B Tustin, CA 92780 Subject: Pelican Hill Road North & Newport Coast Drive Southbound Right Turn (C -3945) To Whom It May Concern: On January 13, 2009, the City Council of Newport Beach accepted the work for 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 February 17, 2009. The Surety for the contract is First National Insurance Company of America and the bond number is 6469270. Enclosed is the Faithful Performance Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Ofnee Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilant I. Brown, MMC February 17, 2009 GMC Engineering, Inc. 1401 Warner Avenue, Ste B Tustin, CA 92780 Subject: Pelican Hill Road North & Newport Coast Drive Southbound Right Turn (C-3945) To Whom It May Concern: On January 13, 2009, 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 January 16, 2009, Reference No. 2009000020612. The Surety for the contract is First National Insurance Company of America and the bond number is 6469270. Enclosed is the Labor & Materials Payment Bond. Sincerely Leilani I. Brown, MMC City Clerk encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, Callfornta 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.ctty.newport- beach.ca.us r � CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO, 3945 BOND NO. 6469270 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to GMC ENGINEERING, INC., hereinafter designated as the "Principal,' a contract for construction of PELICAN HILL ROAD NORTH & NEWPORT COAST DRIVE SOUTHBOUND RIGHT -TURN IMPROVEMENTS, Contract No. 3945 In the City of Newport Beech, 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. 3945 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, First National Insurance Company of America duty auftrized to transact business under the laws of the State of California. as Surety, (referred to herein as 'Surely') are held firmly bound unto the City of Newport Beach, in the sum of Three Hundred Eighteen Thousand, Two Hundred Ninety -Three and 001100 Dollars ($318,293.00) 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 26 0 0 the obligations of this Bond. a reasonable attorneys fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 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 Caldomia. 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 0 does hereby waive notice of any such change, extension of tkne, 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 81h day of September , 2008. 0 V4 GMC Engineering, Inc. (Principal) Authorized SignaturelTl First National Insurance Company of America Name of Surety 120 Vanfis Aliso Viejo, CA 92656 Address of Surety Telephone Aftft& AgentSidnature Jeffrey R. Grvde. Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND S URETY MUST BE ATTACHED 27 I`�afeca KNOW ALL BY THESE PRESENTS: POWER OF ATTORNEY No. 9392 First NatpW Inrurante CompiRy Of Aunerta saran Phma Seattle. WA 98185 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint . ».. ».........« » «.. « »...» «JEFFREY R. GRYDE; Costa Mesa, California " * ** " »........ «...+... «.... As true and lawful adorney(s)in -fad, with full authority to execute on behalf of the company ffdelty and surety bonds or undertakings and other documents of a similar character Issued by the company M the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as hilly as if such insWments had been duly executed by its regularly elected oBroers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these pmswft this 20th day of October 2006 STEPHANIE DALEY- WATSON. SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE- PRESIDENT, SURETY CERTIFICATE Extract from the Bylaws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: 'Artide V, Section 13.. FIDELITY AND SURETY BONDS ... the President, any Vice President the Secretary. and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shell each he" authority to appent indNduals as adorney"n -fad or under other appropriate tltles wtlh wriorlty to execute on behalf of bite company fidelity, end so" bonds and other documents of simian character issued by the company In the course of As business... On any Instrument makeg or evidencing such appolnmhai the signatures may be affixed by facsimile. On my instrument cantering such Authority Of on any bond a undertaking of the company, the seal, or a facsnmlo thereof. may be impressed or attired or In any other manner mpfoducad; provided. however, that the seal shell not be necessary to Via validity of any such instrument or und0i'l8 Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adoptedluty 28, 1970. 'On any certificate executed by the Secretary or an assistant secretary of the Company setting cut, M The provisions d Arsde V, Section 13 of the By -Lewes, ant (ii) A copy of the power- ofanomey appokWnent, executed pursuant thereto, and (iii) Certifying that said power- cf- aaomey appointment is in full force and effect, the signature of the certifying officer may be by lersimie, and the seel of the Comperry may be a facsimile thereof.' I. Stephanie Daley- Watson , Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the toregong extracts of the By -Laws and of a Rerwtwon of the Board of Directors of this corporation, and of a Power of Atlofney issued pursuant thereto, are We and correct, and that both the By Lehva. the Raeo4aah and tie Power of Attomey are Stir in fill force and onsa. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the fact untie seal of said corporation S -1OMDF AM his 8th days September . 2008 �.acrY+novw u�d(UJ.JN4�ilR� STEPHANIE DALEY- WWAATSON, SECRETARY seem ore shr &fern lopD nre recjetnee IreOemtnlm a Baasoo fapoe0en. WEBPDF V ] 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California I County of L��e,1e- On September 8, Dd personally appeared CHRISTINE JANE THATCHER Commission N 1716548 4; Notary Public - California Los Angeles County MvCorrM B0WJm26, 2011 Pto NO ly SB Abvu who proved to me on the basis of satisfactory evidence to be the person whose name(4 is/arc subscribed to the within instrument and acknowledged to me that he/shaoey executed the same in histnerKfteir authorized capacity(ies), and that by hisRloWmirsignature(t) on the instrument the person(p), or the entity upon behalf of which the person(q) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that ,#)e foregoing paragraph is true and correct. WITNESS my hand and)Wiicial seal. Signature OPTIONAL Though the information below is not required by law, it may prow vatuade to persom relying on dw documant and could prevent haudAent removal and teattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General • Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Nat ❑ Individual CJ Corporate Officer — Tite(s): ❑ Partner — ❑ Limited ❑ General hhunb here ❑ Attorney in Fad TOP d Top d mNrfb here ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing wii CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of O f a r6a e- On ST bar 2,�- od— before me, personally appeared _ �NNadv IcAi Z k/ name who proved to me on the basis of satisfactory evidence to be the personal whose nameW is/Ape-subscribed to the within instrument and acknowledged to me that he /sheltheyrexecuted the same in Iris /ber /their authorized capacity0e-r), and that by his /hedtheir signature*on the instrument the personW. or the entity upon behalf of which the personal acted, executed the instrument. I certify under PF.NAI,T Y OF PF.RJIJRY under the laws of the State of California that the foregoing paragraph is true and correct. KAi11Y t. WR►MIM cotnntlwon s t M380 WITNESS my hand and official seal. �F - county �1 — �_ ' "L.Cn�•t i�[/I'Jr� (Notary seal) S�gnat I'uhhc - ADDITIONAL OPTIONAL INFORMATION DFSCRIPI ION OF THE ATTACHED DOCUMENT �QnAPANd fa e.tJ! ('I' Ile or skscigHinn of attachh ed dut� �- 18dNd I "itle or description ul'attschcd document continued) Number of Pages 2 Document Date JITLOIP (Addmonal intormanon) CAPACITY CLAIMED BY THE SIGNER I i Individual (s) Cur Of'.Ite Officer f I ales I I Partner(s) O Attomey -in -Fact ❑ Trustee(s) ❑ Other _. ?Iron Vcrnon CAPA 0 2 10 07 800- 873!9865 www NmnryClasscs com INSTRUCTIONS FOR COMPLETING TIIIS FORM Any acArrmvledgment completed in California muse cnntoin verbiage rsuc+ly is appear above in the notary section w o separate ocknn,vledgment form must be properly completed and attached to that document The only eicepuem is of a document is to be recorded outside of California In such rawnt rs. any alrenurtrre o acknwledgment verbiage w may be primed an such a document so long as die verbiage does not require the notart to do something that is illegal tar a notary in California f.e. eerttili the authorized capactts of the signer). !lease check the document carefully for prvper notarial wording and attach this form tf required • Slate and County intommuson most be the Slate and County where the document signer(s) pasonally appeared before the notary public for acknowledgment • Ihte of notarization must be the date that the signer(s) perwnally ap(rared which most also be the same date the acknowledgment is cumplewd • The notary public mug print his or her name as it appears within his or her commission followed by a comma and then your title (notary public( • Print the name(s) of document signers) who personally appear at the rare of ngariietion • Indicate the correct singular or plural farms by sussing oft worrecl forms (n e WsWfhey- is /ara) or circling the correct forms Fa turc to coneelly indicate this information may Icad to m1ccoon of document recording • The notary seal impression must be clear and pholographically reproducible Impression must not cover tex( or Imes If seal impression smudges. re -seal it a cuff crenf area permits, utherwise complete a di0crcm acknowledgment form • Signature of the notary public mug match the signature on file with the onke of the county clerk •} Addumnal information is not required but could help to ensure this eckmwledgmem is not misused or attached to a different document • Indicate title or type of attached document, number (it pages and date • Indicate the capacity claimed by the signer If file claimed capacity is a o,rporate effect, indicate the title (i e CLO. CFO. Secretary) • Securely attach this document to the sigimd document 0 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 17 January 13, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Iris Lee, Senior Civil Engineer 949- 644 -3323 or Hee@city.newport- beach.ca.us SUBJECT: PELICAN HILL ROAD NORTH 8, NEWPORT COAST DRIVE SOUTHBOUND RIGHT -TURN IMPROVEMENTS — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3W Recommendations: Accept the completed 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 September 9, 2009, the City Council authorized the award of Pelican Hill Road North & Newport Coast Drive Southbound Right -Turn Improvements to GMC Engineering, Inc. The contract provided for a right -turn lane reconstruction, which also included curb & gutter, storm drain, sidewalk, curb access ramps, traffic signal system modification, median construction, retaining wall, landscaping and irrigation. 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: $318,293.00 Actual cost of bid items constructed: $330,948.99 Total change orders: $13,356.98 Final contract cost: $344,305.97 • Pelican Hill Rd. N & Newport Coast Dr. A Imprwenonb NOC - Contrail No. 3945 January 13.2009 Page 2 With regard to the contract bid items, the project entailed more over- excavation and concrete work for the roadway, and extending the retaining wall beyond the originally designed limits at an additional cost of $12,656. There were eight change orders for this project (see table below). Change orders were approved to have the contractor provide additional traffic control, modify the storm drain system, provide additional tree uplighting accessories, and replace damaged signal loop detectors. Staff also reviewed and approved a request made by the Pelican Heights Association to extend the project's sidewalk into the association's property. The cost for all change orders was approximately $13,357. The final overall construction cost including change orders was $26,013 or 8.2 percent over the original bid amount. CO# Description Cost 1 Additional Traffic Control $ 1,150.00 2 Storm Drain Modifications $ 2,242.58 3 Tree Uplighting Accessories $ 359.95 4 Six Signal Detector Loops $ 3,303.95 5 Sidewalk Extension: Landscape & Irrigation $ 2,388.00 6 Sidewalk Extension: Clear & Grub $ 1,000.00 7 Sidewalk Extension: Grading $ 1,000.00 8 Sidewalk Extension: Integral - Colored PCC Sidewalk $ 1,912.50 Change Order Total: $13,356.98 The following is a summary of the project schedule per the Flscal Year 2008 -2009 Master Project Schedule. Schedule Summary Estimated Completion date per FY 08-09 Schedule: April 17, 2009 Project award for construction: September 9, 2008 Estimated completion date at award: January 2, 2009 Actual substantial construction completion date: December 11, 2008 Environmental Review: This project was exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines. This exemption covers the minor alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. • Pefi an H11 Rd. N & Newport Coast Dr. ss Inprovernants NOC- Contract No. 3945 January 13, 2009 Page 3 WkIOM The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work, City- prepared notices were distributed by the Contractor to residents within the project vicinity. Funding Availability: In addition to the primary construction contract, this project involved other project expenses for material testing and incidentals. Total project expenses are summarized as follows: Construction $344,305.97 Materials Testing $3,286.00 Incidentals $314.02 Total Project Cost $347,905.99 Funds for the project were expended from the following account(s): Aunt Descriation Newport Coast Drive at Pelican Hill Road North Prepared by: a Senior Civil Engineer Account Number Amount 7181 - 05200974 $ 347,905.99 Total: $ 347,905.99 Works Director This Document was electronically recorded by • & Cert Mail A Recorded in Official Records, Orange County RECORDING REQUESTED BY AND Tom Daly, Clerk- Recorder WHEN RECORDED RETURN TO: IH�w�B�IY�YI��� NO FEE City Clerk 2009000020612 11:57am 01116109 City of Newport Beach 213 92 N12 1 3300 Newport Boulevard 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and GMC Engineering, Inc., of Tustin, California, as Contractor, entered into a Contract on September 9. 2008. Said Contract set forth certain improvements, as follows: Pelican Hill Road North and Newport Coast Drive Southbound Right -Turn Improvements (C -3945) Work on said Contract was completed, and was found to be acceptable on January 13, 2009, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is First National Insurance Company of America. VERIFICATION Works Director of Newport Beach I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on BY 0(4ms City Clerk ' at Newport Beach, California. A Ln w �8 111 � � U C° " � Z UJ VERIFICATION Works Director of Newport Beach I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on BY 0(4ms City Clerk ' at Newport Beach, California. r � � J CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Lellant 1. Brown, MMC January 14, 2009 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notices of Completion for the following projects: 1. General Services for Building D Locker Room and Restroom Remodel (C-4029) 2. Eastbluff Drive Street Rehabilitation (C -3968) 3. Tennis Court Fence Replacement — Grant Howald Park (C4043) 4. Mariners Park Restroom Construction (C -3992) 5. Pelican Hills Road North and Newport Coast Drive Southbound Right -Turn Improvements (C -3945) 6. 2007 -2008 Sidewalk, Curb and Gutter Replacement Program (C -3974) Please record the enclosed document and return it to the City Clerk's office. Thank you. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 0 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and GMC Engineering, Inc., of Tustin, California, as Contractor, entered into a Contract on September 9, 2008. Said Contract set forth certain improvements, as follows: Pelican Hill Road North and Newport Coast Drive Southbound Ricaht -Tum Improvements (C -3945) Work on said Contract was completed, and was found to be acceptable on January 13. 2009, by the City Council. Tale to said property is vested in the Owner, and the Surety for said Contract is First National Insurance Company of America. i6Works Director of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on -��t �� at Newport Beach, BY V4am� City Clerk ' California. E 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 10:00 a.m. on the 28th day of August, 2008, at which time such bids shall be opened and read for PELICAN HILL ROAD NORTH & NEWPORT COAST DRIVE SOUTHBOUND RIGHT -TURN IMPROVEMENTS Contract No. 3945 $463,260.00 Engineer's Estimate by -phen G. Badum is Works Director Prospective bidders may obtain one set of bid documents for $25.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification required for this project: "A" For further information, call Iris Lee, Proiect Manager at (949) 644- 3323 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http7//www.city.newport-beach.ca.us CLICK: e- onlineservices /e- bidPublicWorks 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PELICAN HILL ROAD NORTH & NEWPORT COAST DRIVE SOUTHBOUND RIGHT - TURNIMPROVEMENTS CONTRACT NO. 3945 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 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR-1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 E . • GMG Engineering Inc. U01 Wamer Avenue, Suite B Tustin, CA 92780 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PELICAN HILL ROAD NORTH & NEWPORT COAST DRIVE SOUTHBOUND RIGHT -TURN IMPROVEMENTS CONTRACT NO. 3945 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 GMG Engineering Inc. 5401 Warner Avenue, Suite B Tustin, CA 92780 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. 739091 A, b Contractor's License No. & Classification GMC Engineering, Inc. Bidder Authorized Signature/Title Gennady Chizhik President August 27, 2008 Date C! FF1 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PELICAN GILL ROAD 14ORTH & NEWPORT COAST DRIVE SOUTHBOUND RIGHT -TURN IMPROVEMENTS CONTRACT NO. 3945 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 Bid _ Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach If the bid proposal of the undersigned Principal for the construction of PELICAN HILL ROAD NORTH & NEWPORT COAST DRIVE SOUTHBOUND RIGHT -TURN IMPROVEMENTS, Contract No. 3945 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 August , 200$. GMC Engineering lnc. nv Name of Contractor (Principal) Authorized Signatu /Title First National Insurance Company of America Name of Surety 120 Vantis Aliso Viejo, CA 92656 Address of Surety 949- 860 -6620 Telephone Jeffrey R. Gryde, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) r- j• , 0 • �afec� KNOW ALL BY THESE PRESENTS: POWER OF ATTORNEY No. 9392 First National insurance Company of America Sateen Plaza Seattle, WA 98185 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint **»**,w+saww ***** * * * *"*** * ***".**"**JEFFREY R. GRYDE; Costa Mesa, California **** * * *... * ****"** * * ******* * *** its true and lawful attorney(s}in -fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of Its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duty executed by he regularly elected officers at Its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 20th day of October 1 2006 STEPHANIE DALEY- WATSON, SECRETARY TIM MIKOLAdEWSKI, SENIOR VICE - PRESIDENT, SURETY CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneysin -fact or under other appropriate tides with authority to execute an behalf of the company fldetity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by tore Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power- of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power- of- atomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof," I, Stephanie Daley- Watson , Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney Issued pursuant theretD, are true and correct, and that both the By -Laws, the Resolution and the Power of Atomey are stilt in full face and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 25th day of Auoust . 2008 USENA!z STEPHANIE DALEY- WATSON, SECRETARY S-104SOF 4105 Safeco0 and t e aafi c logo are registered Uedemarks of Saf000 Corporation. WEB PDF f 0 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .._avy.,_a a. State of California County of AC1L1P.,e,�nt On August 25, 2008 before me, Date personally appeared CHRISTINE JANE THATCHER Commission # 1716848 Nofory Pubito - Loa Angeles Coulr t. wcomm. E>g7,Ir�JQn 26, 2011 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person whose name(4 is/aPe subscribed to the within instrument and acknowledged to me that he /sheRkey executed the same in his/hefAheir authorized capacity(aes), and that by his/heAheiF signature(s) on the instrument the person(o), or the entity upon behalf of which the personal acted, executed the instrument. I certify under PENALTY F PERJURY under the laws of the State of Californig t at the foregoing paragraph is true and correct. WITNESS my hanoland official seal. Signatu OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(lies) Claimed by Signer(s) Signer's Name: ❑ Individual • Corporate Officer— Title(s): • Partner — ❑ Limited ❑ General ❑ Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTI JUMBPRINT OF SIGNER Number of Pages: Signer's Name: • Individual • Corporate Officer— Title(s): • Partner — ❑ Limited ❑ General • Attorney in Fact ININEW • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of D eaN qp On Apusk 2Z 2ooff before me, personally appeared _ GeroluoA v Ch. zhIt who proved to me on the basis of satisfactory evidence to be the person(.s,j whose name( is /Ape - subscribed to the within instrument and acknowledged to me that he /sherflvF executed the same in his /Jwr/Ibeir authorized capacity(ies), and that by hisLkTI 4eirsignature(e) on the instrument the person(o, or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Notary Seal) KMW L. [[uRNOM F Cants s tOn IM 1705369 Notary Public - California County MvC1 M1�" A NwI6.2010 t ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT - ....- S".i4i 2eC QoNOt, _ ('1 the or description of attached document) (isle or description of attached document continued) Number of Pages ._ Document Date P 0 (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) D K Corporate Officer pct_&� _- (l itle) L I Pariner(s) Attorney -in -Fact F1 Trustee(s) U Other 2008 version CAPA v 12 10 07 800-873 -9865 www, NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowiedgment completed in California must contain verbiage exrn'tli as appears above in the notary section or a separate acknoviedgmem form must be properly completed and attached to that document. Tire only exception is f a document is to be recorded outside of Cal firma. M such instances. any alternative acknowledgment verbiage as may be printed air such a document so long is the verbiage does not require the notary to do something that is illegal for a notay in California (i.e. certifying the authorized capacity of the .signer). please check the document carefully for proper notarial wording and attach this form if required. • Stale and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed • The notary public must print his or her name as it appears within his of her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (1 n he/she /ahey is /ere )m circling the correct forms Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible Impression must not cover text or lines. If seal impression smudges, re -seal it a sufficient area permits, otherwise complete a different acknowledgment form • Signature of the notary public must match the signature on file with the orrice of the county clerk Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a ddPerem document. Indicate title or type of attached document, number of pages and date Indicate the capacity claimed by the signer If the claimed capacm is a corporate officer, indicate the title (i.e. CFO, CPO. Secretary). • Securely attach this document to the signed document Best's Rating Center - Comn2ov Inforniation for First Nr tonal ins ; Ice Co of ... Page 1 of 2 center I Industry Research I Ratnp Definitions k Searcn Bests Ratings Press Releases Related Products 0 Id iry8Regard Country Risk I How to Get Rated I I Contact an Analyst I View Ratings Financial Strength Issuer Credit Securities Advanced Search First National Insurance Co of America ,cI Ear,- Irmuhanca CnmpenieaI All 1. Ostia NAIC Y: 24IN FEIN F: 9107/31" Si T. F.,. Nave 1.11 SI.i x Eecreye NyaE SPF Address: Safeco Plaza, 1001 Fourth Avenue Phone: 206 - 5455000 Seattle, WA 98159 Fax: 2064735773 Web: wwwSareca... Best's Ratings Financial Strength Ratings View Definitions Rating: A (Excellent) Affileation Code: p (Pooled) Financial Size Category: xV ($2 Billion or greater) Outlook: Positive Action: Affirmed! Effective Date: April 23, 2008 Denotes Under Review Best's Ratings Other web carters: rT eta' ibis using a i ulgnni a 1. wmannea Iriei now. Ellanl ebi,ly W seen lhnv �' r no om xa.a N p ixyndk ars Issuer Credit Ratings View Definitions Long -Term: as u" Implication: Negative Action: Affirmed Under Review Date April 23, 2008 Reports and News Visit our NewsRoom for the latest news and-press releases for this company and Its A.M. Best Group. f AMB Credit Repo" - Insurance Professional (unabridged) (formerly known as Best's Company Report) - includes Best's Fin, rationale along with comprehensive analytical commentary, detailed business overview and key financial data , YI' Report Revision Date: 07/OT12008 (represents the latest significant change). Histoncal Reports are available In AMB Credit Report - Insurance Professional (Unabridged) Archive. Best's Executive Summary Reports (Financial Overvlow) - available in three versa o. these presentation style reports feature balance s "— key financial performance tests Including orofitabaity. liquidity and reserve analysis. 's 'I Data Status: 2008 Best's Statement File -PIC, US. coarains data compiled as of 8/232008 (Quality Cross Checked) r Single Company -five years of financial data specifically on this company. r Comparison sideby at& finanoal analysis of this company with Speer group of up to live other companies you select. r Composite - evaluate this companys financials against a peer group composite. Report displays both the average and total composite: group. AMB Credit Report _evainess Professional - provides three years of key financial data presented with colorful charts and tables. Each re lalesl BesIS Ratings, Rahng Rationale and an excerpt from our Business Review commentary Data staves: Contains data compned as of 823/2008 (Quality Cross Checked). 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Best I Site Maki I Privacy Policy I Security I Terms of Use I Legal & Licensing http: / /w+nN3. ambest. com/ ratingsrFu,: IPrr.,` iIE,, iisr;' Bi- Cs4 `.V,BFgi:r!in",44(-,&AItSrc =.., 09/02/2008 • . GMC Engineering Inc. 1401 Warner Avenue, Suite B Tustin. CA 92780 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PELICAN HILL ROAD NORTH & NEWPORT COAST DRIVE SOUTHBOUND RIGHT -TURN IMPROVEMENTS CONTRACT NO. 3945 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: AJL SURVEYING 31206 Camino Lacouague San Juan Capistrano, CA 92675 949 - 493 -7751 Pi Lie # LS5939 Land Surveying State License Number. NaT& PATTERSON COMPANY A P.O.Box 4158 1f R Orange, CA 92863 -4158 f✓J /,{ ,1 (714) 282 -7292 2 24- T P License # 398409 C29 MASONRY State License Number: Name: A MACADEE ELECTRICAL 4755 Lanier Road Chino Hills, CA 91710 8 909- 627 -1336 3qn 12.5- P Lic. # 583125 ELECTRICAL V State License Number: , , Authorized Si ature Itle G, PiQc S.�Y 6 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT • GMC Engineering Inc. Wl Wamer Avenue, Suite B Tustin, CA 92780 PELICAN HILL ROAD NORTH & NEWPORT COAST DRIVE SOUTHBOUND RIGHT -TURN IMPROVEMENTS CONTRACT NO. 3945 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 %ot Number Total Bid N'BUENA VISTA LANDSCAPE 0f) A 601 Lakeview I ilf 4 Placentia, CA 92870 (714) 779 -1202 License # 674472 DBE F p��orr LANDSCAPE & IRRIGATION State License Number: ORANGE COUNTY STRIPING SERVICE INC. it 183 North Pixley Orange, CA 92668 6 714- 639 -4550 Lie. # 346095 C 32 State License Number: Name: Address: Phone: State License Number: gp(, Bidder a — Authorized n it a 6 /0R ' • GMC Engineering Inc. U01 Warner Avenue, Suite B Tustin, CA 92780 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PELICAN HILL ROAD NORTH & NEWPORT COAST DRIVE SOUTHBOUND RIGHT -TURN IMPROVEMENTS CONTRACT NO. 3945 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type Bidders Name GMC Engineering Inc. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number Lincoln Ave. /Sunkist St. Intersection Improvments Project Description Traffic Signals, Concrete, Landscape Improvements Approximate Construction Dates: From 01/07 To: 12/07 r- Agency Name City of Anaheim Contact Person Dan Debasio Telephone ( 71}1- 765 -5285 Original Contract Amount $ 421.003-01 Final Contract Amount $ 421 , 003.00 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. GMG Engineering Inc. 'WW1 Wamer Avenue, Suite 6 Ttstin, CA 92780 No. 2 ProjectName /Number state College Median & Landscape Improvements Project Description Traffic Signals, Median Improvements, Concrete, Storm Drains, Landscape Irrigation, Approximate Construction Dates: From 01/07 To: 04/07 Agency Name City of Anaheim Contact Person Keith Laster Telephone (71 91 231 -8373 Original Contract Amount $ LA87,943SOFInaI Contract Amount $ 1 , 687, 843.50 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 Safe Routes to School Cycle V - Sowers School Project Description Concrete, Traffic Signal Improvements Approximate Construction Dates: From 05/08 To: 07/08 Agency Name City of Huntington Beach Contact Person Eric Charlonne Telephone (714) 536 -5430 Original Contract Amount $-2744M-40 Final Contract Amount $ 274 .r688.00 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. GMt; engineering Inc. 04!19 WamerAvenue, Suite B Tustin, CA 92780 No. 4 Project Name /Number Michelson Drive Improvements From Royce to University Drive Project Description Construction of Raised Median Island Approximate Construction Dates: From 06/07 To: 08/07 Agency Name City of Irvine Contact Person Louie Martinez Telephone (71 4 724 -7343 Original Contract Amount $ 497,710.'0 Final Contract Amount $ 51 1 IF non _ no If final amount is different from original, please explain (change orders, extra work, etc.) Increase in Contract Ouantity 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 Superior Avenue Median Improvements Project Description Median Landscape Improvements Approximate Construction Dates: From 10/07 To: 01/08 Agency Name City of Newport Beach Contact Person Andy Tran P.E. Telephone (1941 644 -3315 Original Contract Amount $ 634,1 m.% Final Contract Amount $ 634 ,1 18.50 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. • • GMC Engineering Inc. 11401 WamerAvenue, Suite B Tustin, CA 92780 No. 6 Project Name /Number Esperanza Road Mitigation Project Project Description Masonry Wall, Landscape Improvements Approximate Construction Dates: From 01/07 To: 09/07 Agency Name City of Yorba Linda Contact Person Mark Stowell Telephone (71 961 -7172 Original Contract Amount $a 137,990-40 Final Contract Amount $ 4,137, 990.00 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 Contrac t or's current financial conditions. A P - _ A. GMC Engineering Inc, re/Titl' Bidder Authorized Signatue Gennady Chizhik President 10 0 eGI6ERIG0t 0 GENERAL ENGINEERING CONTRACTOR Lic. No. 739091 Re: PELICAN HILL ROAD NORTH & NEWPORT COAST DRIVE SOUTHBOUND RIGHT TURN IMPROVEMENT CONTRACT NO. 3945 CITY OF NEWPORT BEACH CONSTRUCTION MANAGEMENT TEAM MAY BE ASSIGNED FOR THE ABOVE REFERENCED PROJECT Gennady Chizhik — President Involved in Construction since 1979 Served as: Foreman, Superintendent Currently serving as: Project Manager, Estimator, Field Engineer Oversees all aspects of GMC Engineering, Inc. James Williams — Superintendent Involved in Construction since 1998 Served as: Laborer, Operator, Foreman Performed work in Grading, Concrete, AC, Currently serving as: Superintendent in charge of GMC Field Operations as well as scheduling and supervising projects in progress. 1401 Warner Avenue, Suite B. Tustin, California 92780 • (714) 247 -1040 • Fax (714) 247 -1041 GMC Engineering Inc. U01 Warner Avenue, Suite B Tustin. CA 92780 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PELICAN HILL ROAD NORTH & NEWPORT COAST DRIVE SOUTHBOUND RIGHT -TURN IMPROVEMENTS CONTRACT NO. 3945 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of Orange ) Gennady Chi zhik being first duly sworn, deposes and says that he or she is President of GMC Engineering, Inc., 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 parry 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 GMC Engineering, Inc, yr Bidder Authorized Signaturelfitle enna "Chi zhik President Subscribed and sworn to (or affirmed) before me on this day of 2008 by , personally known to me oved to me on the basis of satisfactory evidence to be the person(s) who appeared b me. I certify under PENALTY OF PERJURY under t s of the State of California that the foregoing paragraph is true and correct. SEE ATTACHED Notary Public My Commission Expires: f1 CALIFORNIA ALL — PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of () to, Noe. On KI W4 2?4 ,top R before me, personally appeared officer) who proved to me on the basis of satisfactory evidence to be the person(. whose name(} is/NC-Subscribed to the within instrument and acknowledged to me that he /ghe/Ihey executed the same in his /la+4h®irauthorized capacity(isj, and that by his /her/Iheirsignature(a) on the instrument the person(i), or the entity upon behalf of which the person(,8jracted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. �a:�, .C. hut.,- ..�c.l -,�• Stgnatu n' Public (Notary Seal) Wily L. SuaNtiM [ Co Wily L. ti 1705958 [ Notary Public • California Orange County 7 wcemmook aNwIa1ot0 t ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT IVU) Co11V-s1'Q4) (�ffrd�ttt I I itle fir description of attached document) f fide or description of attached document continued) Number of Pages 1. _ Document Date (Acc clonal infbrnralion) CAPACITY CLAIMED BY THE SIGNER CI Individual (s) ,P3. Corporate Officer Pr�.s <d wt ❑ Partner(s) ❑ Attorney -in -Fact Cl Trustee(s) ❑ Other 2009 Vcrsiun CAPA v 12.11107800- 873 -9865 www.Notaryl'Ij�w, com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain rerhrage exactly its appears above in the notary section or a .separate acknowledgment form must he property completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such nrstarrces, anv ahermrnvr acknowledgment verbiage as may be printed on suit, a documem so long as the rerbiage does not require the notary to do something tfrm is dlegat f,r a notary ur California (i.e. certifying the authorized capacity of the signer). Please check the document carefullyforproper notarial wording and anoch this'form frequired. • State and County information must he the State and County where the doCIII ML signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also he the same date the acknowledgment is completed • The notary public must print his or her name as it appears venhm his or her commission followed by a comma and then your title (notary public). • Print the name(%) of document signers) who personally appear at the lime of notarization. • Indicate the correct singular or plural fors by crossing off incorrect forma (i.e. ha /she /they- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • 'I he notary seal impression must be clear and photographically reproducible Impression must not cover text or lines. If seal impression smudges, rc-scal if a sufficient area permits, otherwise complete a different acknowledgment for. • Signature of the notary public most match the signature on file with the office of the county clerk. Additional information is not required but could help to cnsura this acknowledgment is not misused or attached to a dd7cmm document Indicate title or type of attached document. number of pages and date Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i e. CLO, CFO, Secretary) • Stvorcly attach this dtvCumrm u, the signed document GMC Engineering Inc. 4401 Warner Avenue, Suite B 'Dustin, CA 92780 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PELICAN HILL ROAD NORTH & NEWPORT COAST DRIVE SOUTHBOUND RIGHT -TURN IMPROVEMENTS CONTRACT NO. 3945 DESIGNATION OF SURETIES Bidders name GMC Engineering, Inc. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond type): First National Insurance Company of America 120 Vantis, Aliso Viejo, CA 92656 Jeffrey R. Gryde 714 - 751 -8073 12 • • GMC Engineering Inc. 901 Warner Avenue, Suite B Tustin, CA 92780 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PELICAN HILL ROAD NORTH & NEWPORT COAST DRIVE SOUTHBOUND RIGHT -TURN IMPROVEMENTS CONTRACT NO. 3945 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name GMC Engineering, Inc. Record Last Five (5) Full Years Current Year of Record I he intormation 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 2007 2006 2005 2004 2003 Total 2008 No. of contracts 1 6 13 10 8 7 45 Total dollar Amount of Contracts (in 3 247,688, b 9+ S 11,500, .s 9,000,000. S 9,350,000 s 6,908,M g45,674,688. Thousands of $ No. of fatalities 0 0 0 0 0 0 0 No. of lost Workday Cases 0 0 0 0 0 0 0 No. of lost workday cases 0 0 0 0 0 0 0 involving permanent transfer to another job or termination of employment I he intormation 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 • • GM Engineering Inc. 4101 WamerAvenue, Suite B Tustin, CA M780 Legal Business Name of Bidder GMC Engineering, Inc. Business Address: 1401 Warner.Ave., Ste B, Tustin, CA 92780 Business Tel. No.: 714-247-1040 State Contractor's License No. and Classification: 739091 A, B Title President 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 rresiaent 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 • • GMC Engineering Inc. 1401 Warner Avenue, Suite B Tustin. CA 92780 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PELICAN HILL ROAD NORTH & NEWPORT COAST DRIVE SOUTHBOUND RIGHT -TURN IMPROVEMENTS CONTRACT NO. 3945 ACKNOWLEDGEMENT OF ADDENDA Bidders name GMC Engineering, Inc. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: 15 CIVIC Engineering Inc. X401 Warner Avenue, Suite B Tustin, CA 92780 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PELICAN HILL ROAD NORTH & NEWPORT COAST DRIVE SOUTHBOUND RIGHT -TURN IMPROVEMENTS CONTRACT NO. 3945 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: Gr1C Engineering, Inc. Business Address: 1401 Warner Ave., "Ste. B, Tustin, CA 92780 Telephone and Fax Number: ph: 714-247-1040 fax: 714-247-1041 California State Contractor's License No. and Class: 739091 A, B (REQUIRED AT TIME OF AWARD) Original Date Issued: 8/11/97 Expiration Date: 8/31 /09 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: Gennady Chizhik - President 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 Gennady Chizhik - President 1401 Warner Ave., Ste B 714- 247 -1040 Tustin, CA 92780 Corporation organized under the laws of the State of calif ornia 16 GMC €ngineering Inc, 1401 Wamer Avenue, Suite B 'f;uson, CA 92780 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: GMC Engineering, Inc. 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; "Al Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner /agency? If so, explain. No 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 No Are any claims or actions unresolved or outstanding? Yes / No 17 GMC Engineering Inc. UQ1 Warner Avenue, Suite B 'l;ustin. CA 92780 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. GMC Engineering, Inc. Bidder On personally appeared before me, Gennady Chizhik (Print name of Owner or President of Corporation/Company) IA Authorized Signature/Title President Title Date 27, 2008 who proved to me on the basis of satisfactory evidence to be the name(s) is /are subscribed to the within instrument and acknow[ja he /she /they executed the same in his /her /their authorized his /her /their signature(s) on the instrument the which the person(s) acted, executed the I certify under PENALTY OF PERJURY the foregoing paragraph is true and coy.O WITNESS my hand and Notary Pubn and for said State Expires: Notary P whose to me that and that by the entity upon behalf of the laws of the State of California that SEE ATTACHED (SEAL) 18 CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of 0 tj -e_ On ITfkR LSE eZ43oo& before me, T (Here personally appeared <�7t°Y1i1 �Ldf� yYl lZ �1l k who proved to me on the basis of satisfactory evidence to be the person(a) whose name(.a) is /,vt'�ubscribed to the within instrument and acknowledged to me that he /sh� executed the same in his1bz0their authorized capacityl iet , and that by his/Jaefhheir signature(a�on the instrument the person(s�: or the entity upon behalf of which the persons) acted, executed the instrument, 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 1(ASITY L. BURNUM Commialon * 1706358 lb WITNESS my hand and official seal. N��Oran a coumY�� * �a ,e6t��,,,a�,0 (Notary Seal) SignaiuC!t : tar Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT is rMQ-i'i Dn/ ry,zyui ee mL BjdGf (ride or description of attached document) 1 I.Ie or description tit 'attached document continued) Number of Pages 3 _ Document Date OS- (Addm.nal mformanon) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) Corporate Officer Prte "� ..— (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA v 12 10 07 800-- 873 -9865 www' NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Colfornm must contain verbiage cxacrly as appears above in the notary section ar a separate acknmrledgmeni orm must he properly completed and attached to that document The only exception .s if o document is to be recorded outside of California. In such instances, any alternotice acknowledgment verbiage as may be printed on such a document .so long as the verbiage does not require the notary to do something that is illegal for a notary at California (i.e. cenifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County informal... must be the State and County where tin document signer(s) personally appeared before the notary public for acknowledgment • Date of notarintion must be the date that the signer(s) personally appeared whicli must also be the same date the acknowledgment is completed • The notary public must print his or her name as it appears within his m her commission followed by a comma and then your title (notary public). • Pnnt the names) of document signer(s) who personally appear at the time of notar17ation. • Indicate the correct singular or plural limns by crossing off inconecl forms (I c helshetthe}- is /are) m circling the correct forms. Failure W correctly I" icule this information may lead to rejection of document recording. • 'Ihe notary seal impression must be clear and photographically reproducible Impression must not cover text or lines. If seal impression smudges, is -seal d a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the Office Of the county clerk. 9 Additional information is not required but could help to cosine This acknowledgment is not misused or attached to a different document. 1e Indicate title or type of attached document. number orpages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title it e. CFO, CFO, Secretary) • Securely attach this document to the signed document • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PELICAN HILL ROAD NORTH & NEWPORT COAST DRIVE SOUTHBOUND RIGHT -TURN IMPROVEMENTS CONTRACT NO. 3945 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 Certificates) 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 E PELICAN HILL ROAD NORTH & NEWPORT COAST DRIVE SOUTHBOUND RIGHT -TURN IMPROVEMENTS CONTRACT NO. 3945 CONTRACT THIS AGREEMENT, entered into this day of 2008, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and GMC ENGINEERING, INC., a Califormia corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: PELICAN HILL ROAD NORTH & NEWPORT COAST DRIVE SOUTHBOUND RIGHT -TURN IMPROVEMENTS "The work necessary for the completion of this contract consists of constructing roadway improvements for a right -turn lane, which includes roadway reconstruction, curb & gutter, catch basin, storm drain, sidewalk, curb ramps, traffic signal system modification, raised median construction, retaining wall, signing & striping, landscaping and irrigation, tree up- lighting, plant establishment and maintenance, and all other incidental work in the specification document." 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. 3945, 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 Three Hundred Eighteen Thousand, Two Hundred Ninety-Three and 001100 Dollars ($318,293.00) — the corrected bid amount. Please note: the "as read" bid amount was $318,318.00. 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: Iris Lee (949) 644- 3323 GMC Engineering, Inc. 1401 Warner Ave., Suite B Tustin, CA 92780 714 -247 -1040 714 - 247 -1041 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 E insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11185) or Insurance Services Office form number GL 0002 (Edition 1173) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 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 • i 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self - insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract 23 • i been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 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. 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. 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. 24 J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. APP VIED AS TO FORM: AARO C. HARP Assistant City Attorney CITY A Mu 0 NEWPORT GMC ENGINEERING, INC. .... • 1l Title: President Print Name: Gennadv Chizhik By: 94, (Financial Offic ) Title: President Print Name: Gennadv Chizhik Please note: Corporations must complete and sign both places above even if each office is held by the same individual 25 GENERAL ENGINEERING CONTRACTOR Lt. No. r1owl RESOLUTION AUTHORIZING EXECUTION OF ANY CONTRACT BY PRESIDENT GENNADY CHIZHIK At a Meeting of the hoard of Directors of GMC Engineering Inc. (hereinafter sometimes called Corporation), a corporation organized and existing by virtue of the laws of the State of California, duly called and held on the 15"' of January, 2008, a quorum being present, consisting of the President and Secretary of the Corporation, Gennady Chizhik, the following Resolution was adopted: BE IT RESOLVED by the Board of Directors of this Corporation that its President, Gennady Chizhik, is hereby authorized, empowered, and directed to execute on behalf of this Corporation, and in its name, any contract. BE IT FURTHER RESOLVED, that any prior acts of said officer of the Corporation, in connection with the execution of anv contract on behalf of the Corporation, are hereby confirmed and ratified. 1, Gennady Chizhik, hereby certify and declare that I am the regularly and duly, acting President and Secretary of GMC Engineering, Inc., a Corporation; that the Resolution above set forth was duly and regularly adopted by the Board of Directors of said Corporation at a Special Meeting of said Board of Director,-, held at Tustin, California, on the 15u' day of January, 2008; that the whole number of Board of Directors of said Corporation is one; that there were present at said meeting one Director; that all Directors present voted in favor of said Resolution, and that thereupon the Resolution was declared regularly adopted. Gennady Chizhik - President &, Secretary of GMC Engineering Inc. Corporate Seal Notarization Attached 1401 Warner Avenue, Supra 8, Tusth, Cafitorrna 02780 • (714) 247 -1040 • fax (714) 247.1041 CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Calitarnia Count% of On &0a&t .49L before me, personally appeared who proved to me on the basis of satisfactory evidence to be the persat,4whose name(*) is /,a c ubscribcd to the within instrument and acknowledged to me that Wshefthep executed the same in hisr11wrttheir authorized capacityLit,$). and that by his/herltheirsignatureW on the instrument the person(4, or the entity upon behalf of which the person(si acted, executed the instrument. I certit'v under PENALTY OF PERJURY under the law- of the State of California that the foregoing paragraph is true and correct. r-17-0-5 wtmy L. 9IRt4um Caotolwoa s ;}ee %ATI NESS my hand and official seal. Metal I pubso • Camarillo Orange comfy t _ � .•� . J'iCG4 •''J'�'Gt -'rY" rh«ery sou, $rjsuirrte rd rC ADDITi.ONAL OPTIONAL INFORMATION DESCRIPTIONOFTHE ATTACHED DOCUMENT {idle of dcscrlpiiat Or ....... .- __ ............._._(Adddnxifal mfarmsarop) CAPACITY CL.AIhtEO BY THE SIGNER L' individual (s) .k±C C'nftu rate Offic r �'y rude) CJ Pa"er(sl 0 AnOrncy -in -Fart F] 't}as *s) Li Other 2iN18 Verxinni:lpA rl2.ItI.07;eCti >873.98GS wurw iJnwyCkvcses.amt INSTRUCTIONS FOR COMPLETING Tiif$``FORM A»y ocpAin¢1Ndduptwr s�r1W.d r. Cdfffia oroar tonldlo tri.n.ge dpP'•a's *haw, lw aw rrowy moan! w a mpwwtr ac•Araraiedlpatedl fiwm nkau rr frap,,5 erwvlered oar catwbrd as !hat dwwmr Ike mils ",g9to a e. 11 a boe~w u m be w,o,,delt osewdr y(CaVowa In awrh Iashwes. WV alwnauflrr wbiawt,bewent It Hoge m muy be pnmrr ivr aarh a &4n aso nt m hang w tht eerbraxr flora m# nvrd v the wauny ru & aawedmv dug rs dkeaf fir a nNstryr In C'akto P e. ,rutvtrp the amhodud imp ay aJ the segwrrl. tlhwe rend the divowisl rurrfuNy feu p'Ww`WAWW .w.drg ar•f rdhas'h chits fens rf rrymrcJ. • Sucec tmd Ctmssy mtbrniwlnn n%ad oe the sure and Couwtp' vha a thr dlrimk ru •igni,K%) persondh appand hefort the ~, mob! : rot 9:itrdnrlbt♦tp+ rant. • I)ate of arkarlralli/n most 4 or dm the Are tigkx {s? KTValally appisirix! whw'h must "be the same drr 11rt• wlinnvAedpwil is rem tsleta3 • 1%e lawtary publip mot prom has or bra name u it utvxet 4 w,lhra his ur h+ conmaiaamn fellowal by a comics ilnd IRCn your mit (owaly Publwl, • Pr" doe Minos) o €decumem sippwo) who muniall) aprIcar m the. ilmo ..r mlis Y um, • Irdkate the coseci srriduW m plaid firma by eruatng Rif MCNIM €arms (t e Ae!sliz.Nhoa -r is Mrs) a errtlriq 6a u.rect tome. t'aitmr w cmeceay mdrmre ihs m2nnMrcm treat' €cad a spttron ofrbtvrnnt rccadutg. • rise natmy swl impms ron niiet he elm er.f phmopvlui lly m prodmiMe. lairdmron must nm a »rer text rye tines If swi impioision anudgra te-xal ira 'rddrinient area pe rlim ottrrrxxaa ensprrre adttrerent ackrwwlcdt men tare • Sillimura of use notary publu: moat march the 9e@rraturt M file *A the nrYce of tbtawmy clerk. 8 Addrsotai inPorniation in not rgwred but cmdd help to emniah Ihrs acbnwbdgeiaat is Trot miswrd a OTWtad to a dilkrent document • Irxtieate title or type ufmwctoldmemsem..Mxober ofpas std 4a4 • Irdwe the capacfty eMirrM by tote ayly If the chimed uapaeity is a corporate omm, itdante iha rile it.e. CEO, CW, Secretary), • securely stitch tins documem WOW signed illorumeM 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 3M BOND NO. 6468270 �ABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to GMC ENGINEERING, INC., hereinafter designated as the "Principal," a contract for construction of PELICAN HILL ROAD NORTH & NEWPORT COAST DRIVE SOUTHBOUND RIGHT -TURN IMPROVEMENTS, Contract No_ 3945 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. 3945 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 Principai, and, First National Insurance Company of America duly authorized to transact business under the laws of the State of California. as Surety, {referred to herein as "Surety ") are held firmly bound unto the City of Newport Beech, in the sum of Three Hundred Eighteen Thousand, Two Hundred Ninety -Three and 001100 Dollars ($318,293.00) lawful money of the United States of America, said sum being equal to 1000 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 26 0 0 the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 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 on 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 instrumenthas been duly executed by the above named Principal and Surety, on the 8th day of September ,2008- GMC Engineering, Inc. (Principal) Authorized Signatureffi First National Insurance Company of America Name of Surety 120 Vantis Aliso Viejo, CA 92656 Address of Surety 949- 860 -6620 Telephone A�i� d Agenttigfiature Jeffrey R. Grvde. Attomev-in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND S URETY MUST BE ATTACHED 27 E Safecc� KNOW ALL BY THESE PRESENTS: POWER OF ATTORNEY No. 9392 0 First National Insurance Company of America Safeco Plaza Seattte, WA 98185 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint R.GRYDE; Costa Mesa, California"****"*"*'"*" "* *°" *" "e**"**'* Its true and lawful attomey(s)nin -fad, with full authority to execute on behalf of the company fidelity, end surely bonds or undertakings and other documents of a similar character issued by the company In the course of Its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at Its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 20th day of October 1'1: ,>rplwuw ✓��ra� 1...i�1��✓u�au STEPHANIE DALEY•WATSON, SECRETARY TIM MfKOLAJEWSKI, SENIOR VICE - PRESIDENT, SURETY CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint Individuals as attorneys -In -fed or under other appropriate d1les Whh authorlty, to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shag not be necessary to the validity of any Such instrument or undertaking.- Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting ouL (i) The provisions of Am'ote V, Section 13 of the By-Laws, and (h) A copy of the power -of- attorney appointment, executed pursuant thereto, and (iii) Certifying that said pcwer-of- aaomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." 1, Stephanie Daley- Watson , Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and Coned, and that bath the By -Laws, the resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 8th day of September . 2008 U STEPHANIE DALEY•WATSON, SECRETARY S- 10431DF 410$ Safecoa and the Safeco logo are registered trademarks Of Salem Cuporetion. WEB PDF • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 3i ay f ....:.? a$/c..>@i..'.`a .1.5��I s @S!vi{:� �..:�V.9n. vYn,..s�t.:a �).JaL.?f.cn .? tea Tt $..va�..•12u3� >.3. 3. �. oa .3...'.:� AS'�.vTS..OJ:�L/.3 State of California County of Ance,,t?C, On September 8, 2008 before me, r.7b Date /y'C � personally appeared Zie p e'4 cc, CCl CHRISTINE JANE THATCHER Commission # 1716548 .o Notary Public - California Los Angeles County MvComm Expk esJan26, 2011 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person whose name(4 isle#& subscribed to the within instrument and acknowledged to me that he /sheAhey executed the same in his/he#kheir authorized capacity(iee), and that by his/heAliei signatureW on the instrument the person({, or the entity upon behalf of which the person(Aj acted, executed the instrument. I certify under PENALTY OF of the State of California that true and correct. / WITNESS my hand and Signature OPTIONAL PERJURY under the laws tie foregoing paragraph is seal. Though the information below is not required by law, it may prove valuable to persons rel}a'ng on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer — Title(s): _ • Partner —❑ Limited ❑ General • Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUh1BPRINT OF SIGNER 0 Number of Pages: Signers Name: ❑ individual • Corporate Officer — Title(s): • Partner —❑ Limited ❑ General • Attorney in Fact IMSEM • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here '--/ C✓:' y' i.✓:'✓ S'. uSL. ^.v- +v5vi'✓W;-✓i-d6.- ✓ {'.✓1-d;: ivi -✓ ' ✓'.`✓, "✓:'s' ✓i✓. " ✓: ei' ✓S�S'sC ✓5' ✓ti:�.'.�.y4'✓ CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of () fallo On September 4.2oo& before me, personally appeared name who proved to me on the basis of satisfactory evidence to be the person(sa whose named is /arxsubscribed to the within instrument and acknowledged to me that he /shdthey"executed the same in hisdier /their authorized capacity(ies), and that by his /her/tbeir signature(sr}on the instrument the person(s), or the entity upon behalf of which the person(*) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. /f� Z. R"" t/I'r"- Signat o ' Public RAINY L SURNUM commWlon s 1706358 Notary Public • CalUOrMa Orange County • 3 bMCMMbl "MVIG�IO t (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT /abor6aud Aa?�P��S PQVme,tlt (Title or descrip[mnofattached docum nl) _i�IdN ('Title or description of attached document continued) Number of Pages 2 Document Date B 08' (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) Co orate Officer o(t (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Truslee(s) ❑ Other 2008Veaion CAPAv12.1007800- 873 -9865 www NinaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must comarn verbiage esacdr as appears above in the notary section or a separate acknmvledgmeni furor revsi, be properly completed and attached to that document. 7'he only exception is if u document is to be recorded outside of California. In such instances, anv alternative acknowledgment verbiage as may be printed on such a document so long as the verbrage does not require the notary to do .eometlung that is illegal /or a notary in California (i.e. certifying the authorized capacity of the signer). Please checA the document carefully for proper notarial warding and attach ihis Jnrin f required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Dale of notarization must be the date that the signers) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plural fors by crossing off incorrect forms (i.e, he/shelihey— is lave) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording, • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal il' a sufficient area permits, otherwise complete a different acknowledgment for • Signature of the notary public most match the signature on file with the oll'me of the county clerk. r' Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a dinerent document • Indicate title or Type of attached document, number of fages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i c ('FO, CFO, Secretary) • 4xurely mtach Ibis document to the signed document r 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 3945 BOND NO. 6469270 FAITHNL PERFORMANCE BOND The premium charges on this Bond is $ 3438.00 being at the rate of $ 10.80 thousand of the Contract price. WHEREAS, the City council of the City of Newport Beach, State of California, by motion adopted, awarded ^o GMC ENGINEERING. INC., hereinafter designated as =he "Principal', a contact for construction of PF -UCAN HILL ROAD NORTH & NEWPORT COAST DRIVE SOUTHBOUND RIGHT-TURN IMPROVEMENTS, Contract No. 3945 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 Chy of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3945 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contact; NOW, THEREFORE, we, the Principal, and First National Insurance Company of America duly authorized tc transact business under the laws of the State of Califomia as Surety (hereinafter "Surety "), are herd and firmly bound unto the City of Newpert Beach, in the sum of Three Hundred Eighteen Thousand, Two Hundred Nfnety4hree and OW100 Dollars ($318,293.00) 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 bled 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 a3 oterein providec on its part. -D b8 teat and performed at the time ano in the manner therein specified, and in all respects according to its true Intent and meaning, or falls to indemnity, 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. ED 0 0 As a part of the obligation secured hereby, and in addition to the fare 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 i3ond. Surety, for value received, stipulates and agrees that no change, extension of Ume, 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 band 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 8th day of September 2008, - GMC Engineering, Inc. (Principal) Authorized Signatur itle First National Insurance Company of America Name of Surety 120 Vantis Mw Viejo, CA 92656 Address of Surety 949 - 860 -6620 Telephone c/ A�i h 2 d Age net fe Jeffrey R. Gryde, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 0 0 POWER First National Insurance Company ofAmedca ` e O Sefeco Plaza F ATTORNEY Seattle. WA 96185 No. 9392 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington oorporation, does hereby appoint • . ""*"""'*""**"""*' "" JEFFREYR, GRYDE;CostaMesa,Californla " " "** its We and lawful attomey(s)min -fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character Issued by the company in the course of Its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at Its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 20th day of October , 2006 STEPHANIE DALEY- WATSON, SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE - PRESIDENT, SURETY CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Arfide V, Section 13. - FIDELITY AND SURETY BONDS ... the President. any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as aflomeye- irrfacl or under other appropriate tlfles wfih aufhortty to execute on behalf of the company ildelity, and surety bonds and other documents of similar character issued by the company in the course of Its business... On any instrument making or evidsrxing such appokdment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking.' Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (1) The provisions of Arfida V, Section 13 of the Sy -Laws, and (ii) A copy of the power -of- attorney appointment, executed pursuant thereto, and (iii) Certifying that said power- of- attorney appointment Is in full force and effect, the signature of the certifying othoer may be by facsimile, and the seat of the Company may be afacsimie thereof." I, Stephanie Daley-Watson , Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and Correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and affect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 8th day of September , 2008 SEAL , rKq�xvw a�uc� ttr� _y+r STEPHANIE DALEY-WATSON, SECRETARY S-10491131' 0105 • • Memo antl the Safeco logo are registered trademarks of Safem Corporation. WEB POF • i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California l County of I t2n On September 8. Date personally appeared Is' CHRISTINE JANE THATCHER Commission N 1716548 Notary public - Calllomia Loa Angeles County LOW07m,E)VIVINJIM26.20111 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person whose nameW is/ere subscribed to the within instrument and acknowledged to me that he /sheAhey executed the same in his/hel'kheir authorized capacity(ies), and that by hismek4eirsignatureW on the instrument the person(o, or the entity upon behalf of which the person() acted, executed the instrument. I certify under PENALTY OF of the State of California that true and correct. / WITNESS my hand and 1JURY under the laws foregoing paragraph is Signature Signature of Notary Pubfc OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer— Title(s): • Partner — ❑ Limited ❑ General • Attorney in Fact • Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Nat ❑ Individual • Corporate Officer — Title(s): • Partner —❑ Limited ❑ General • Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: RIGH7THUh78PRI NT OF SIGNER 02067 National Notary Association- 9360 De Soto Am, P.O. Box 2402•ChabnWM, CA 91313.2462 -w ..NeaonalNolaryorg Ram#5907 Reordw.CSATWFM1- 119 6-682] 4j CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of OMA)3e_ On &p+p -t ber 9 zIX1g before me, name and title of the personally appeared who proved to me on the basis of satisfactory evidence to be the personl(e whose name(a) is /are-subscribed to the within instrument and acknowledged to me that he /,She/therexecuted the same in his /}i� authorized capacity(kS7, and that by his /JaeT their signature(s'on the instrument the person(; or the entity upon behalf of which the person(Tj acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. �Yr cKATN+Y t M WRN .d Conunk ton # 1 703333 WITNESS my hand and official seal. Notary KWO - CaRtOtnM Orange County iA. Cmvrk Noel 21110 Signature o ublic (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Fa h$u l SarTaMC� N� (title or description of attached document) (I rtle or description of attached document continued) Number of Pages _ 7 Document Date 9 && g (Additional information) CAPACITY CLAIMED BY THE SIGNER I 1 Individual (s) .Corporate Officer _Jpre, � (Tille) ❑ Panner(s) D Attorney -in -Fact ❑ Trustee(s) ❑ Other 2u(Ig Version C'APA v 12.10.07 9(N)- 87)-9x65 „ ww.NotaryCIasses.c m INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exuUly as appears above to the notary section or a separate acknou ledgment form must be properly completed and attached to that document. The only exceplmn is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegol.inr a notary in California (i.e. certifying the amhorized capacity of the signer). Please check the document carefully for proper notarial wording and amich this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signers) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public) • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect liwms p e he/she /they- is /are ) or circling the correct forms Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form • Signature of the notary public must match the signature on file with the olfmc of the county clerk Additional information is not required but could help to ensure thro acknowledgment is not misused or attached to a different document v Indicate title or type of attached document, number of pages and date Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer, indicate the title (i e. CEO, CFO, Secretary) • See mcly attach this documem to they igned document CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL CONTRACT NO. 3945 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: GMC Engineering Inc. $401 Warner Avenue, Suite B Tustin, CA 92780 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. 3945 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 1 LS Mobittz tion 110% Na: D trwe �i•Y 7rtou5 °I Dollars / and g Cents $ 25."q36. 00 Per Lump Sum 1 LS Traffic Control Vz Dollars and Cents $ ✓��5. a0 Per Lump Sum 3. 1 LS S�;rvey Services Dollars and 250. AO �_ Cents $ — Per Lump Sum " 4. 1 LS Cleari�ngg and Grub ngg • Fi �r vt @ �r ✓-L Dollars and e_o� Cents $ ✓� ✓_5.05 00 Per Lump Sum . GMC Engin g Inc. $01 Warner AWW, Suite B 'Bustin, CA 92780 PR 2 of 7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 5. 278 CY Unclassified Excavation @ Dollars and Cents $ �o• 0 $ 1O yo 3 o � 9 Per Cubic Yard 6. 4,743 SF Remove Exist AC Pavement 0 @ Dollars and _Cents $ 2.50 $ Per Sq are oot 7. 210 LF Remove Exist Curb & Gutter @ %�eN Dollars and Cents $10.60 $ 2. 100-00 Per Linear Foot 8. 2 EA Remove Exist urkj Ramp Yt✓o ilL�n 2Pg� @ Dollars Cents Per Each 9. 1,715 SF Remove Exist Sidewalk @ O h Q Dollars and Cents $1-50 $ S72 Per Square Fbbt 10. 370 SF Remove Existing Cross Gutter @ Fa"2 Dollars Cents $ 41 919 $ / 0 66,r 00 Per Square root 11. 1 EA Remove Catch Basin Dollars and Cents $ 2 F, 5'0 .6o $ 2 -75D. Bo Each GMC Engineerr�' Inc. mal Warner AvenWuite 8 Tustin, CA 92780 PR 3 of 7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 12. 28 LF Remove Existing 8" Storm Drain Pipe @ Dollars and Cents and Cents $ 670 $ (MO. PC Per Linear Foot 13. 5 LF Remove Existingg 18" Storm Drain Pipe 17. 1 EA Install Brooks 2424 Catch Basin Oye S Dt+.2_ D h e AA441 (iu� 1 V,!n._ Dollars and -6K Cents $ l2.S BO $ 625. BAD Per Linear Foot $ ego 14. 17 LF Install "J2CP Storm Pipe @_ k4CA !i ey9 VC._ Dollars U and Cents $ :595,60 $ S 52S ;V Per Linear Foot 15. 70 LF Install 8" PVC Pipe !/e. Dollars and p Cents $� $ 5 2S0 • BO Per Linear Foot 16. 1 EA Construct Junction Structure No. 1 �5c' @ i Dollars and Cents $ 7 $ Each 17. 1 EA Install Brooks 2424 Catch Basin Oye S Dt+.2_ (a) f' Dollars Cents $ // $ ego Each 18. 1 EA Construct Curb Inlett 7'6vo rp- . S Q. Gpr @�Yk r�oml Dollars and Cents $ Ati B0 $ Z Each I , GMC Engineeric, 4401 Warner AvenueMlite B Tustin, CA 92780 PR 4 of 7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 19. 1 EA Construct Local a ression rw�vus/ .� @ .cn�fR�v.�_ Dollars �^ and ZS BD Cents $ � $ /BEJ Each 20. 210 LF Construct Curb (Type B, 8" Curb Face) @_ X;XJ4 � Dollars and Cents $ 16 -,P0 $ L ear t 3� -S� BD Per 21. 200 LF Construct Curb & Gutter (Type A, 8" Curb & 24" Gutter) @ kl i T Dollars and Cents $ /?. SO $ 31900-00 Per Linear F46t 22. 24 LF Construct Curb & Gutter (Type C, 8" Curb & 12" Gutter) @ � 0C Dollars and Cents $ Zr 00 $ 4�90• 00 Per Linear Foot 23. 310 SF Construct 8" Modified Cross Gutter @_� 1^ V'� Dollars and x Cents Per Square Fffot 24. 2 EA Construct PCC Curb Ramp TW o 77O,L o SD4.., c(v Dom° @ 4 "-A- yte�l Dollars � and e Cents Each 25. 1 LS Construct Retaining Wall @ W ✓'— y�"4� Dollars and Cents Per Lump Sum $ !!r (o $ 60 r , PR5of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 26. 1 EA Construct Wall Drain With Pipe Dome Per Caltrans Std 133 -9 Oa¢ 7kda-VSZL. ty A @JCi ✓� �N,4oyt�oC Dollars and Cents $ 1,5A9. 619 � Each $ l�• 27. 1 LS Architectural Finish @ Dollars and Cents $ 4,0010—a 00 Per Lump Sum 28. 357 TN Construct 10" AC Basers�ourse OQ.L. 'e--" Or @ (/*'• L&— Dollars and /B� Cents $ /0S. 00 $ 3 �005 " . Bo Per Ton T 29. 91 TN Construct 2- 1l2 "AC §urface Course I;MC EngineerinVAc. 1401 Wamer Avenue, We 6 Tustin, CA 92780 PR5of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 26. 1 EA Construct Wall Drain With Pipe Dome Per Caltrans Std 133 -9 Oa¢ 7kda-VSZL. ty A @JCi ✓� �N,4oyt�oC Dollars and Cents $ 1,5A9. 619 � Each $ l�• 27. 1 LS Architectural Finish @ Dollars and Cents $ 4,0010—a 00 Per Lump Sum 28. 357 TN Construct 10" AC Basers�ourse OQ.L. 'e--" Or @ (/*'• L&— Dollars and /B� Cents $ /0S. 00 $ 3 �005 " . Bo Per Ton T 29. 91 TN Construct 2- 1l2 "AC §urface Course O &,e- A.we.nfilea� . @ig%Pf / 12 Dollars and 1� Cents $ 15� 60 $ /OS 00 Per Ton 30. 1 EA Adjust Water Valve Cover Dollars and Cents $ //��,,�,, !mil• 00 $ 490 Per Each 31. 952 SF Construct Concrete Sidewalk (4" thick) @['L Dollars and Cents $ '(• IO $ Per Square Foot 32. 190 LF Construct Curb, (4 ") Wide Variable Height Retaining Curb @� X Dollars and Cents $ (6.60 $ � 0An 00 Per Linear Foot • GMC Engineering IL $401 Warner Avenue, SLWU Tustin, CA 92780 PR 6 of 7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 33. 390 SF Construct Maintenance Walk (4" thick 12" wide) @ Dollars �y� O and �p - / Cents $ • 60 $ 34120.6D Per Square Foot 34. 67 LF Construct Concrete Mow Curb @ —Dollars "L/ and Cents $ Z9. 60 $ 00 Per Linear Foot 35. 1 LS Relocate, Traffic Signals 4z F+hc Y,w�crS�.•rr @ 77a ZVI f Dollars and XJ Cents $ 3953r DO Per Lump Sum 36. 1 LS Signing & Striping �Q¢— and 5" Cents $ f7• Per Lump Sum 37. 10 EA Install Tree Lighting a•Z Dollars 2 Cents $ $ Per Each 38. 1 LS Electrical llboxesConduit, Wiring @#z4A VW .k6 Dollars and Cents $ �✓✓0• c9�7 Per Lump Sum 39. 1 EA Meter Pedestal �I @A � �.a "e?'OF Dollars and Cents $ S"00. 00 $ SW• &0 Per Each GMC Engineering Inc. 1401 Warner Avenue, Suite Be Tustin, CA 92780 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT Iw 41 42. En PR7of7 TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1 EA Clock TO 5clewAel @ Dollars and Cents Per Each $ Zgo. 09 1 LS Irrigation v� 7r�oc.sa.c0 Dollars and Cents Per Lump Sum 1 LS Landscaping Construction and Planting 7-WXZrX sQ. w yy o Dollars and Cents Per Lump Sum 1 LS Maintenance 8, Estab "shment Period ®ke @ oc;� 2v Dollars and Cents Per Lump Sum 1 LS As -Built Drawing Dollars and Cents Per Lump Sum TOTAL PRICE INWRI17EN WORDS O p %X Zee 4,, 4,, Atcr y 4P,;,P4 � _" Sa 4 // YG�JDO �eC G OYiPO� and lte/ Cents v • $ ZSrv•&0 $L!� lK, $ V/0 260 $� $ Total Price (Figures) August 27, 2008 GMC Engineering, Inc. Date Bidder Ph: 714- 247 -1040 fx: 714- 247 -1041 Bidder's Telephone and Fax Numbers Bidder's Authorized Signat a an 739091 A, B Bidder's License No(s). and Classification(s) Bidder's Address M01 WwnerAvenue, Suite 8 Tustin, CA 92780 Check A License: Contractor's License Detail Skip to: CSLB Home I Content I Footer I Accessibility 97arch CSLB Department of Consumer Affairs "so AMY =1 V Contractors State L1�fte t31oard "W4§1kh, I, Iti,illllllll I�Itllllltilllll hlllilll,llllll j'� � I la, II, i Q lil„ jil,ll,l 1 i�lI ,P,own I�,�.=�11F� �llllll eBERA WO CSLB Newsroom Board and Committee Meetings Disaster information Center CSLB Library Frequently Asked Questions Online Services • Check A License or HIS Registration • Filing a Construction Complaint • Processing Times • Check Application Status • Search for a Surety Bond Insurance Company • Search for a Workers' Compensation Company How to Participate DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying 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 to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or 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 onto the Board's license database. License Number: Business Information: Entity: Issue Date: Expire Date: License Status: Classifications: 739091 GMC ENGINEERING INC 1401 WARNER AVENUE #B TUSTIN, CA 92780 Business Phone Number: (714) 247 -1040 Corporation 08/11/1997 08131/2009 Extract Date: 09/02/2008 This license is current and active. All information below should be reviewed. CLASS DESCRIPTION Page 1 of 2 http:// www2. cslb. ca. gov/ General - Information /interactive- tools/ check -a- license /License +Detaii.asp 09/02/2008 Ir Check A License: Contractor's License Detail Page 2 of 2 A GENERAL ENGINEERING CQNTRACTOR B GENERAL BUILDING CONTRACTOR Bonding: CONTRACTOR'S BOND This license filed Contractor's Bond number 5795149 in the amount of $12,500 with the bonding company SAFECO INSURANCE COMPANY OF AMERICA. Effective Date: 01/01/2007 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) GENNADY CHIZHIK certified that he /she owns 10 percent or more of the voting • stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 08/11/1997 Workers' This license has workers compensation insurance with the Compensation: ACE PROPERTY AND CASUALTY INSURANCE COMPANY Policy Number: C45024568 Effective Date: 1 0101 /2 00 7 Expire Date: 1 0/0112008 Workers' Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. Consumers I Contractors i Applicants I Journeymen I Public Works i Bwloing Officials I General Info CSLB Home I Conditions of Use I Privacy I Contact CSLB • Copyright © 2007 State of California hftp: / /www2.cslb.ca.gov /General- Information / interactive - tools /check -a- license /License +Detail.asp 09102/2008 California Business Search Page 1 of 1 c1 1,il ►lc 11aS +111 SS D " i1 Scrtttars of ltatr DEBRA PO'WEN DISCLAIMER: The information displayed here is current as of AUG 29, 2008 and is updated weekly. It is not a complete or certified record of the Corporation. Corporation GMC ENGINEERING, INC. Number: C1 984:9690=1 Date Filed: 5/27/1997 Status: active Jurisdiction: California Address 1401 WARNER AVE STE B TUSTIN, CA 92780 Agent for Service of Process GENNADY CHIZIK 1401 WARNER AVE STE B TUSTIN, CA 92780 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. http:// kepler. ss. ca. gov/ corpdata/ ShowAilList ?QueryCorpNumber- Cl984990 &printer =yes 09/02/2008 0 \J =1291) Encompass Detail Acct. Type: Business Tax License #: BT30020657 Bus. ID: 0031122 Name: GMC ENGINEERING INC Owner Name: CHIZHIK, GEMMADY Owner C Type: Exp. Date: 10131/2008 S Addy: 1401 WARNER AVE #B S Addy 2: Addr3: TUSTIN CA Zip: 92780 B Addr1: 1401 WARNER AVE #B B Addr2: B Addr3: TUSTIN, CA B Zip: 92780 Phone: (714)247-1040 FEIN: 9118 SEIN: 1984990 Established: 3/1/2004 SIC: 1521 - SINGLE FAMILY HOUSING CONSTRUC Owner #: 11740 # of Emps: 0 usr1:160663 usr2: usr3: usr4: usr5: usr6: usr7:L2403255 -- 1RSte x�Kcrosoft.. Microsoft.. 'PERMn...I.�Inbox • ... A# 2Inte...- f '! «y�°��VP 12:34 PM 0 0 SPECIAL PROVISIONS Table of Contents PART 1 - GENERAL PROVISIONS ............................................. ..............................1 SECTION 2-- -SCOPE AND CONTROL OF THE WORK ......................... ............................... 1 2 -1 AWARD AND EXECUTION OF CONTRACT ................................. .................I....I........ 1 2 -5 PLANS AND SPECIFICATIONS ...................................................... ............................... 1 2 -6 WORK TO BE DONE ....................................................................... ............................... 2 SECTION 3--- CHANGES IN WORK ......................................................... ............................... 3 3 -3 EXTRA WORK .................................................................................. ............................... 3 SECTION 4 - -- CONTROL OF MATERIALS .............................................. ............................... 4 4 -1 MATERIALS AND WORKMANSHIP ............................................... ............................... 4 SECTION5 UTILITIES ............................................................................... ............................... 6 5 -1 LOCATION ........................................................................................ ............................... 6 5 -2 PROTECTION ......................................................... ............................... ....................... 6 5 -7 ADJUSTMENTS TO GRADE ............................................................ ............................... 7 5 -8 SALVAGED MATERIALS .................................................................. ............................... 7 SECTION 6 - -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK ........... 7 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK ......................... 7 6 -7 TIME OF COMPLETION ................................................................ ............................... 8 6 -8 COMPLETION, ACCEPTANCEAND WARRANTY ....................... ............................... 9 6 -9 LIQUIDATED DAMAGES ............................................................... ............................... 9 SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR ................. ............................... 9 7 -5 PERMITS .......................................................................................... ............................... 9 7 -7 COOPERATIONAND COLLATERAL WORK .............................. ............................... 10 7 -8 PROJECT SITE MAINTENANCE .................................................. ............................... 10 7 -9 PROTECTIONAND RESTORATION OF EXISTING IMPROVEMENTS ................... 11 7 -10 PUBLIC CONVENIENCE AND SAFETY .................................... ............................... 11 7 -15 CONTRACTOR'S LICENSES ....................................................... ............................... 13 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS ................. ............................... 14 SECTION 9--- MEASUREMENT AND PAYMENT ................................ ............................... 14 9 -1 MEASUREMENT AND PAYMENT ................................................ ............................... 14 9 -3 PAYMENT ...................................................................................... ............................... 14 PART 2 - CONSTRUCTION MATERIALS .................................. .............................21 SECTION 200 - -- ROCK MATERIALS .................................................... ............................... 21 200 -2 UNTREATED BASE MATERIALS .............................................. ............................... 21 SECTION 201 - -- CONCRETE, MORTAR, AND RELATED MATERIALS ........................ 21 201 -1 PORTLAND CEMENT CONCRETE .......................................... ............................... 21 201 -2 REINFORCEMENT FOR CONCRETE ...................................... ............................... 21 201 -5 CEMENT MORTAR ....................................................................... ............................... 22 201-7 NON - MASONRY GROUT ........................................................... .............................22 SECTION 203 - -- BITUMINOUS MATERIALS ...................................... ............................... 22 203 -5 EMULSION- AGGREGATE SLURRY ...................................... .............................22 203-6 ASPHALT CONCRETE .............................................................. ............................... 23 SECTION207 - -- PIPE ................................................................................ ............................... 23 0 0 207 -2 REINFORCED CONCRETE PIPE (RCP) ................................. ............................... 23 207 -17 PVC PLASTIC PIPE .............................................................. ............................... 23 SECTION 212 - LANDSCAPE AND IRRIGATION MATERIALS ........ ............................... 23 212 -1 LANDSCAPE MATERIALS ......................................................... ............................... 23 212 -2 IRRIGATION SYSTEM MATERIALS ......................................... ............................... 26 212 -4 MEDIAN DRAIN ......................................................................... ............................... 26 SECTION 214 - -- PAVEMENT MARKERS ............................................ ............................... 26 214 -4 NONREFLECTIVE PAVEMENT MARKF. RS ............................ ............................... 26 214 -5 REFLECTIVE PAVEMENT MARKERS .................................... ............................... 26 PART 3 - CONSTRUCTION METHODS ..................................... .............................27 SECTION 300 - -- EARTHWORK .............................................................. ............................... 27 300 -1 CLEARING AND GRUBBING ................................................... ............................... 27 SECTION 302 ROADWAY SURFACING .............................................. ............................... 28 SECTION302 -4 EMULSION - AGGREGATE SLURRY ....................... .............................28 302 -5 ASPHALT CONCRETE PAVEMENT ........................................ ............................... 28 SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION ..... ............................... 29 303 -4 MASONRY CONSTRUCTION ...................................................... .............................29 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS .................... ............................... 29 SECTION 307--- STREET LIGHTING AND TRAFFIC SIGNALS ........ ............................... 30 307 -4 TRAFFIC SIGNAL CONSTRUCTION ......................................... .............................30 86 -1 GENERAL ....................................................................................... .............................30 86 -2 MATERIALSAND INSTALLATION ............................................ ............................... 32 86 -5 DETECTORS ................................................................................ ............................... 35 86 -8 PAYMENT ...................................................................................... .............................36 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATION .... ............................... 36 308 -2 EARTHWORK AND TOPSOIL PLACEMENT ........................... ............................... 37 308 -4 PLANTING ................................................................................. ............................... 39 308 -5 IRRIGATION SYSTEM INSTALLATION ................................... ............................... 41 FLUSHINGAND TESTING ..................................................................... ............................... 44 308 -6 MAINTENANCE AND PLANT ESTABLISHMENT .............................. :................... 44 308 -7 GUARANTEE ............................................................................. ............................... 46 SECTION 310 - -- PAINTI NG .................................................................... ............................... 46 310 -5 PAINTING VARIOUS SURFACES .............................................. .............................46 SECTION 312 - -- PAVEMENT MARKER PLACEMENT AND REMOVAL ....................... 48 312 -1 PLACEMENT.... SECTION 313 - SIGNAGE ....................................................................... ............................... 49 SECTION 314 - PRIVATE ELECTRICAL ............................................... ............................... 50 PART4 ....................................................................................... .............................54 SECTION 400 - -- ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, ................... 54 PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL .................... 54 400 -2 UNTREATED BASE MATERIALS ............................................. ............................... 54 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS PELICAN HILL ROAD NORTH & NEWPORT COAST DRIVE SOUTHBOUND RIGHT TURN IMPROVEMENTS CONTRACT NO. C -3945 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R- 5921 -S); (3) the City's (2006 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2006 Edition), including supplements; (5) Standard Plans of the State of California Department of Transportation (Caltrans) (2006 Edition); (6) State of California Department of Transportation (Caltrans) Standard Specifications; and (7) 2007 California Building Code. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications for Public Works Construction 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 -1 AWARD AND EXECUTION OF CONTRACT Replace the entire subsection with the following: "Within fifteen (15) working days after the date of the City's award of contract, the Contractor shall execute and return all Contract Documents required by the City. The City reserves the right to terminate the award if the above requirement is not met. Such termination will result in the forfeiture of the Bidder's Bond." 2 -5 PLANS AND SPECIFICATIONS 2 -5.1 General. Add the following sentence to the first paragraph to read as follows: "The Contractor shall maintain a control set of Plans and Specifications at the work site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on this control set to show as -built • • SP2of54 conditions. Upon completion of the work, the Contractor shall submit the as -built plan set to the Engineer for approval. Final payment will not be made until this requirement is met." Add the following subsections: 2 -5.1.1 Plans. Included as part of the Contract Documents are the following, which show the location, character, dimensions or details of the Work: 1) Project Plans The plans and data provided with the Contract Documents are based on existing plans and documents. The plans and data are provided for information per available records. The City does not guarantee their accuracy and correctness. If the Bidder in preparing the Bid Proposal uses this information, the Bidder assumes all risks resulting from conditions differing from the information shown. The Bidder, in consideration for the information being provided, hereby releases the City and Consulting Engineer from any responsibility of obligation as to the accuracy of such information or for any additional compensation for work performed due to assumptions based on the use of such information. 2) Standard Plans a. City of Newport Beach Standard Plans, latest edition b. Standard Plans for Public Works Construction (SPPWC), latest edition, promulgated by Public Works Standards, Inc. c. Standard Plans of the State of California Department of Transportation (Caltrans), latest edition 2 -5.1.2 Specifications. The Work shall be performed or executed in accordance with these Special Provisions and the following: 1) Standard Specifications for Public Works Construction, latest edition and supplements thereto, hereinafter referred to as the SPPWC, as written and promulgated by Public Works Standards, Inc. The Standard Specifications are published by BNi Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, Phone: (800) 873 -6397. 2) State of California Department of Transportation (Caltrans) Standard Specifications, latest edition and supplements thereto. 2 -6 WORK TO BE DONE Add to this section, 'The work necessary for the completion of this contract consists of constructing roadway improvements for a right -tum lane, which includes roadway reconstruction, curb & gutter, catch basin, storm drain, sidewalk, curb ramps, traffic signal system modification, raised median construction, retaining wall, signing & striping, landscaping and irrigation, tree up- lighting, plant establishment and maintenance, and all other incidental work in the specification document." • • SP3of54 2 -9.2 Survey Service. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize /follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The City reserves the right to direct additional construction survey work to be performed at no additional cost when the City determines it is required to adequately construct the work. The design surveyor for this project is Bill Madigan and can be contacted at (949) 472 -3505. 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 Corner 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 and recording all survey ties and/or monuments damaged or removed by the work. All costs for construction survey staking including construction staking, professional services, office calculations, furnishing all labor, materials, equipment, tools and incidentals, and for doing all work involved shall be considered as included in the price for which such work is appurtenant thereto, and no additional allowance will be made therefore." 2 -9.5 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 -3.1 General Add the following: "Payment for additional work and all expenditures in excess of the Contract Price must be authorized in writing by the Engineer. Such authorization shall be obtained by the Contractor prior to engaging in additional work. It shall be the Contractor's sole responsibility to obtain written approval from the Engineer for any change(s) in material or in the work proposed by suppliers or subcontractors. No payment shall be made to the Contractor for additional work which has not been approved in writing, and the Contractor hereby agrees that it shall have no right to additional compensation for any work not so authorized. The Contractor shall be responsible to provide all data and to obtain all approvals required by the Specifications, including submittal of Daily Extra Work Reports. No • • SP4of54 claims or extras shall be approved by the Engineer unless all work was done under the direction of and subject to the approval of the Engineer. Disputed work claims shall comply with 3 -3 as modified herein." 3 -3.1 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, which shall be deemed to include all items of expense not specifically designated as cost or equipment rental in Subsections 3- 3.2.2(a), 3- 3.2.2(b), and 3- 3.2.2(c): 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements Add the following subsection: 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 will 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. S SP5of54 All material and workmanship as furnished and/or performed by the Contractor may be subject to the City and /or local utility agency inspection. Upon request, the Contractor shall furnish the City or the agency with full information as to the progress of the work in its various parts and shall provide timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Add the following subsection: 4-1.3.5 Special Inspection Requirements for Masonry Construction Masonry construction shall be inspected and evaluated in accordance with the requirements of these provisions. FREQUENCY OF REFERENCE FOR CRITERIA INSPECTION Continuous Periodically during task during task IBC ACI 5301ASCE ACI 530.1 /ASCE INSPECTION TASK listed listed section 5JTMS 402' 61TMS 6024 1. As masonry construction begins, the following shall be verified to ensure compliance: a. Proportions of site - prepared mortar X Art. 2.6A b. Construction of mortar joints X Art. 3.313 c. Location of reinforcement, X __ __ Art. 3.4, 3.6A connectors, and anchorage 2. The inspection program shall verify: a. Size and location of structural _ X -- -- Art. 3.3G elements b. Type, size and location of anchors, Sec. 1.2.2(e), including other details of anchorage -- X -- 2.1.4, 3.1.6 _ of masonry c. Specific size, grade and type X -- Sec. 1.13 Art. 2.4, 3.4 reinforcement d. Protection of masonry during cold Sec. weather (temperature below 408) or X 2104.3, Art. 1.8C, 1.81D hot weather (temperature above 2104.4 908 3. Prior to grouting, the following shall be verified to ensure compliance: a. Grout space is clean — X — Art. 3.21D b. Placement of reinforcement and _ X Sec. 1.13 Art. 3.4 connectors and anchorage c. Proportions of site - prepared grout -- X -- -- Art. 2.613 d. Construction of mortar joints -- X -- -- Art. 3.313 4. Compliance with required inspection provisions of the construction X -- -- Art. 1.5 documents and the approved submittals shall be verified 5. Grout placement shall be verified to ensure compliance with code and X -- -- — Art. 3.5 construction document provisions 11 S SP 6 of 54 6. Preparation of any required grout Sec. specimens, mortar specimens and /or X 2105.2.2, Art. 1.4 prisms shall be observed 2105.3 IBC: International Building Code; ACI: American Concrete Institute SECTION 5 UTILITIES 5 -1 LOCATION Add the following: "Existing underground utilities are shown as per available records. It shall be the Contractor's responsibility to verify the location of all existing underground utilities by potholing or other means. The Contractor shall provide coordination with all the utility companies involved and shall provide protection from damage to their facilities. The Contractor shall be responsible for repair or replacement to said facilities made necessary by its failure to provide required protection. The Contractor is required to include utility requirements in the Construction Schedule per Section 6 -1. The Contractor shall be solely responsible to check all utility record maps, books, and /or other data in the possession of the City, other agencies, and/or all utility companies, and no allowance shall be made for any failure to have done so. The Contractor shall utilize the services of "Underground Service Alert- Southern California" for utility locating in all public right -of -ways by calling 1- 800- 227 -2600 at least 48 hours prior to any excavation. Add the following after the 3rd paragraph: "within five (5) days of completion of work or phase of work, the Contractor shall remove all USA utility markings." 5 -2 PROTECTION Add the following: "If, in the course of construction, the Contractor damages a sewer lateral or water lateral, the Contractor shall notify the utility and the Contractor shall be responsible to completely expose said lateral from the main line to the point of connection at private property to verify integrity of all joints to the satisfaction of the Engineer and the utility's inspector or representative. This shall not be considered to be extra work and no extra costs shall be allowed therefore. Sewers, including lateral repairs, shall be constructed of vitrified clay pipe (VCP), unless otherwise approved in writing by the Engineer. 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. • • SP7of54 All underground facilities shall be installed prior to surfacing of streets. The installation of all facilities crossing existing arterial highways requires boring or jacking, unless otherwise pre- approved by the City. Whenever it becomes necessary to tunnel under existing improvements, the Contractor shall support those improvements in a manner approved by the City." 5 -7 ADJUSTMENTS TO GRADE Add the following section: "The Contractor shall adjust or replace to finish grade City -owned water control valve boxes and survey monuments. The Contractor will be required to contact Southern California Edison, The Gas Company, the telephone company, cable television, IRWD, and other utility facilities to have their existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities." 5 -8 SALVAGED MATERIALS Add the following section: "The Contractor shall salvage all existing storm drain manhole(s) (including grade rings) covers, traffic or light poles, all removed cast iron pipes, and /or meter or valve box covers if applicable. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operations Manager, at (949) 718- 3402." SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK Add the following to these subsections: 6 -1.1 General. "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 City's Representative/ Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of ten (10) working days prior to the preconstruction meeting. 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 • • SP8of54 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 sixty (60) consecutive working days after the date on the Notice to Proceed; excluding: (1) Installation of the Traffic Signal Poles in which the Contractor has ten (10) consecutive working days to complete this item of work after the date of acceptance by the Engineer of the delivered Signal Poles; and (2) Plant Establishment and Maintenance period in which the Contractor has ninety (90) consecutive working days after the initial installation and acceptance by the Engineer to maintain the landscape planting." 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 15r 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 4th 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 7:00 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. 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 6:00 P.M. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $123.00 per hour when such time periods are approved. • • SP9of54 6 -8 COMPLETION, ACCEPTANCE AND WARRANTY Add the following subsection: 6 -8.1 Manufacturer's Warranties. Manufacturer's warranties shall not relieve the Contractor of liability under these Specifications. Such warranties only shall supplement the Contractor's responsibility. The Engineer may, at his option, require a manufacturer's warranty on any product offered for use. 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 monies due it, the daily sum of $500.00 Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 -- RESPONSIBILITIES OF THE CONTRACTOR 7 -5 PERMITS Delete paragraph section and replace with section stating the following: The City will obtain, at no cost to the Contractor, a Right -of -Entry permit for the property impacted by the proposed improvements. The Contractor shall obtain and pay for all costs incurred for permits necessary for the work and the associated operations such as, but not limited to, building, utility and /or encroachment permits, those permits required for night work, overload, and demolition. For private contracts, the Contractor shall obtain all permits incidental to the work or made necessary by its operations, and pay all cost incurred by the permit requirements. Including but not limited O.S.H. A. permits prior to excavation work. The Contractor shall pay all business taxes or license fees that are required for this work. • SP 10 of 54 7 -7 COOPERATION AND COLLATERAL WORK Add to this section: "IRWD will perform all shut downs of water facilities as required. The Contractor shall comply with IRWD's requirements for the shut down of facilities to take place. 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use IRWD water, he shall arrange for a meter and pay all associated fees and deposits. 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.city.newl)ort- beach.ca.usfoubworks/links.html." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back - charging the • . SP 11 of 54 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 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. Add to this section: "The Contractor shall be responsible to protect all new concrete work from being etched, scratched or otherwise marked or having wet slough material deposited thereon. If new concrete work is marked, the Contractor shall replace it at its expense in accordance with 303 -5.7 and to the satisfaction of the Engineer." Add the following subsection: 7 -9.1 Protection of Existing Pavement Surfaces from Tack Coat and Oil. When work requires the placement of a tack coat pursuant to Subsection 302 -5.4, the Contractor shall protect existing pavement surfaces outside of the work limits from the spreading of tack coat and oil adhering to truck tires exiting the work area. 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 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. 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 follow the traffic control as provided per the Contract Documents." The Contractor shall adhere to the conditions of the traffic control plan. If the traffic control plan requires changes due to unforeseen conditions, the Contractor shall be responsible for processing and obtaining approval of the changes to the traffic control plan from the City's Traffic Engineer. All traffic control modifications shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA • • SP 12 of 54 TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. The Traffic Control Plans shall be signed and sealed by a California licensed Traffic Engineer. Traffic control and detour plans shall meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and /or lighted. The traffic control system shall consist of closing traffic lanes in accordance with the details shown on the plans, the provisions of Section 7 -10.3, "Street Closures, Detours, Barricades," The provisions in this section will not relieve the Contractor from his responsibility to provide such additional devices or take such measures as may be necessary to comply with the provisions in Section 7 -10, "Public Convenience and, Safety." Each vehicle used to place and remove components of a traffic control system on multi- lane highways shall be equipped with a Type II flashing arrow sign which shall be in operation when the vehicle is being used for placing, maintaining or removing said components. The sign(s) shall be controllable by the operator of the vehicle while the vehicle(s) is /are in motion. The flashing arrow sign(s) shall be in place before lane closure requiring its use is completed. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately replace said component and shall restore the component to its original location. When the lane closures are made for work periods only, at the end of each work period all components of the traffic control system, except portable delineators placed along trenches or excavation adjacent to the traveled way, shall be removed from the traveled way, shoulder and auxiliary lanes. 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. • • SP 13 of 54 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." Add the following subsection: 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 (10) working days prior to starting work, the Contractor shall deliver a construction notice to residents within the Pelican Heights Homeowners' Association, HOA, describing the project and indicating the limits of construction and work within the Pelican Heights property. The City will provide the notice. Forty -eight (48) 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 fourteen (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 "A" Contractor 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 14 of 54 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 in Mylar and on CD 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 -1 MEASUREMENT AND PAYMENT Add the following subsections 9 -1.2.1 Measurement and Payment Payment of each item will include full compensation for furnishing all labor, materials, tools, equipment and backup equipment; transportation and technical competence for performing all work necessary to complete each item as indicated on the plans and as specified in these Contract Documents, including but not limited to obtaining all applicable certifications necessary for specialty personnel and major equipment in conformance with Subsection 7 -5, and all other applicable permits. 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Payment for this item shall include providing bonds, insurance and financing, associated permitting and licenses, coordination for approval of non -city facilities, distribute construction notices, establishing a field office, preparing the construction schedule, preparing implementing the BMP plan, water pollution control, demobilization, and all other related work as required by the Contract Documents. 0 M SP 15 of 54 Item No. 2 Traffic Control: Payment for this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents, providing the traffic control required by the project and as specified in the plans including, but not limited to, signs, cones, barricades, flashing arrow sign, temporary striping, flagpersons, and includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 3 Survey Services: Payment for this item shall include providing survey services, by a California Licensed Land Surveyor, for staking as needed to construct the improvements, reestablish of centerline ties and comer monuments, and all other related work as required by the Contract Documents. Item No. 4 Clearing and Grubbing: Payment for this item shall include full compensation for removal and disposal of all brush, ground cover, roots, stumps, shrubs, pruning, organic materials, and all incidentals, labor and equipment necessary to complete in place. Item No. 5 Unclassified Excavation: Payment for this item shall include removal and disposal of all excavated materials, less the excavation and removal work specified in other items of work, necessary to attain grades as specified in the plans including excavation for construction of the proposed retaining wall, roadway, and all incidentals, labor and equipment necessary to complete in place Item No. 6 Remove Existing AC Pavement: Payment for this item shall include sawcutting, removing and disposing of existing AC pavement, and all other incidentals, labor, equipment, and work items as required to complete the work in place. Item No. 7 Remove Existing Curb and Gutter: Payment for this item shall include sawcutting related to curb and gutter removal, removing existing improvements, disposal, and all other incidentals, labor, equipment, and work items as required to complete the work in place. Item No. 8 Remove Existing Curb Ramp: Payment for this item shall include sawcutting, removing existing improvements, disposal, and all other incidentals, labor, equipment, and work items as required to complete the work in place. Item No. 9 Remove Existing Sidewalk: Payment for this item shall include removing existing improvements, sawcutting, disposal, and all other incidentals, labor, equipment, and work items as required to complete the work in place. Item No. 10 Remove Existing Cross Gutter: Payment for this item shall include sawcutting, removing and disposal of, existing concrete cross gutter, reinforcement, and all other incidentals, labor, equipment, and work items as required to complete the work in place. 0 • SP 16 of 54 Item No. 11 Remove Catch Basin: Payment for this item shall include removing of the catch basin structure in its entirety, disposal, and all other incidentals, labor, equipment, and work items as required to complete the work in place. Item No. 12 Remove Existing 8" Storm Drain Pipe: Payment for this item shall include removing of the existing storm drain pipe for the length specified in the plans, protection of existing pipe, protection at new pipe connections, disposal, and all other incidentals, labor, equipment, and work items as required to complete the work in place. Item No. 13 Remove Existing 18" Storm Drain Pipe: Payment for this item shall include removing of the existing storm drain pipe for the length specified in the plans, protection of existing pipe, protection at new pipe connections, disposal, and all other incidentals, labor, equipment, and work items as required to complete the work in place. Item No. 14 Install 18" RCP Storm Drain Pipe: Payment for this item shall include installing 18 -inch 2000 -D RCP pipe material including, but not limited to, potholing of all existing facilities, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, controlling ground and surface water, installing pipe, application /installation of joint sealers, Mac wrap, placing bedding and crushed aggregate base, compaction, fittings, connecting to existing facilities, removing, abandoning or protecting interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposing of excess excavation materials and all other incidentals, materials, labor and equipment necessary to complete in place. Item No. 15 Install 8" PVC Pipe: Payment for this item shall include installation of 8" PVC plastic pipe, all pipe material including, but not limiting to, trench excavations, shoring, bracing, temporary patching or trench plates, controlling ground and surface water, the application of sealers, compaction, fittings, connecting to existing piping, median drain, elbows, disposing of excess excavation materials and all other incidentals, materials, labor and equipment necessary to complete in place. Item No. 16 Construct Junction Structure No. 1: Payment for this item shall include constructing and installing the concrete junction structure per City of Newport Beach Std Plan 310 -L, but not limited to, connecting pipes, applying joint sealers, fittings, mortar, finishing, adjustments R.C. rings, manhole frame and cover per City of Newport Std 112 -L, steps, reinforcement bars, connecting to existing facilities, removing, abandoning or protecting interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposing of excess excavation materials and all other incidentals, materials, labor and equipment necessary to complete in place. Item No. 17 Install Brooks 2424 Catch Basin: Payment for this item shall include installation of pre -cast Brooks 2424 catch basin with 2424 galvanized steel parkway grate, installation and assembly to finished grade, connection to PVC pipe, grouting, excavation, controlling ground and surface water, backfill, compaction, disposing of • • SP 17 of 54 excess excavated materials, and all other incidentals, materials, labor and equipment necessary to complete in place. Item No. 18 Construct Curb Inlet: Payment for this item shall include constructing P.C.C. Inlet per City of Newport Beach Std Plan 305 -L (L =7') including, but not limited to, exposing utilities in advance of work, excavation, temporary patching or plating, controlling ground and surface water, backfill, compaction, disposing of excess excavated materials, finishing, installing base, shaft, steps, grade rings, manhole frames and covers per City of Newport Std 304 -L, face plate assembly, potholing all existing utilities, connections to existing facilities, removing, abandoning or protecting interfering portions of existing utilities or improvements, temporary and permanent support of utilities, and all other incidentals, materials, labor and equipment necessary to complete in place. Item No. 19 Construct Local Depression: Payment for this item shall include construction of Local Depression Per City of Newport Beach Std Plan 304 -L (48" Gutter Width), all joints as shown in standard plans and construction details, subgrade compaction, finishing, placing crushed aggregate base, base compaction, constructing, adjusting to curb & gutter flow line, and all other incidentals, labor, materials, equipment, and work items as required to complete the work in place. Item No. 20 Construct Curb (Type B, 8" Curb Face): Payment for Construct Curb Type B shall be constructed per City of Newport Std Plan 182 -L shall include all subgrade compaction, framing, joints, finishing, and keyways, re- chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other incidentals, labor, materials, equipment, and work items as required to complete the work in place. Item No. 21 Construct Curb and Gutter (Type A, 8" Curb & 24" Gutter): Payment for Curb & Gutter Type A shall be constructed per City of Newport Beach Std Plan 182 - L and shall include all subgrade compaction, framing, reconstructing of curb openings of existing curb drains, joints, finishing, keyways, base, repainting of red curb (top and face) where red curb has been removed due to new curb construction, re- chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other incidentals, labor, materials, equipment, and work items as required to complete the work in place. Item No. 22 Construct Curb and Gutter (Type C, 8" Curb & 12" Gutter): Payment for Curb & Gutter Type C shall be constructed per City of Newport Beach Std Plan 183 - L and shall include all subgrade compaction, base material, framing, joints, transitioning for pavement slope, finishing, and all other incidentals, labor, materials, equipment, and work items as required to complete the work in place. Item No. 23 Construct 8" Modified Cross Gutter: Payment for Construct 8" Modified Cross Gutter Per City of Newport Beach Std Plan 185 -L shall include all joints as shown in standard plans and construction details, subgrade compaction, placing crushed aggregate base, base compaction, constructing 8 -inch thick P.C.C. cross gutter, reinforcement steel, finishing, and all other incidentals, labor, materials, equipment, and work items as required to complete the work in place. • ! SP 18 of 54 Item No. 24 Construct PCC Curb Ramp: Payment for Construct PCC Curb shall be constructed, per the Modified City of Newport Beach Std Plan 181 -L -B Case H, as specified and shown in the plan details. The work shall include compaction of subgrade, joints, forming, finishing, truncated domes, and all other incidentals, labor, materials, equipment, and work items as required to complete the work in place. Item No. 25 Construct Retaining Wall: Payment for Construct Retaining Wall (Type 6A, Masonry Block) Per Modified Caltrans Std Plan B3 -11 (2006) shall include all work including, reinforcement steel, brick masonry, mortar, P.C.C., fine grading, waterproofing, joints and weakened plane, one -cubic foot continuous pervious drainage pocket with non -woven filter fabric, wall cap, concrete gutter behind retaining wall per Caltrans Std Plan B3 -9 typical gutter detail, footings, key way, form work, shoring, utility crossing, disposal of removed materials, subgrade compaction, and all incidentals, labor, materials, and equipment necessary to complete in place. Item No. 26 Construct "Wall Drain With Pipe Dome ": Payment for Construct "Wall Drain With Pipe Dome" Per Caltrans Std B3 -9 shall include reinforcement bars, welding, finishing, connection to pipe, and all other incidentals, materials, labor and equipment necessary to complete in place. Item No. 27 Architectural Finish: Payment for Architectural Finish shall include all bonding agent, plaster base coat, plaster finish coat, finishes and coloring, cast -in- place wall cap, weep holes, epoxy, mesh, and all incidentals as directed in these specifications and shown on the plans, labor, materials, and equipment necessary to complete in place. Item No. 28 Construct 10" AC Base Course: Payment for Construct 10" AC Base Course shall include constructing 10" -thick asphalt pavement base course, prime /tack coat, AC compaction, subgrade compaction, and all other incidentals, labor, materials, equipment, and work items as required to complete the work in place. There shall be no separate payment for restoring any existing improvements damaged by the work, and all costs for any said item shall be included in the bid price for the work to which it is appurtenant Item No. 29 Construct 2 -1/2" AC Surface Course: Payment for this item shall include constructing 2 -1/2" -thick asphalt pavement surface course, application preparation, tack coat, AC compaction, and all other incidentals, labor, materials, equipment, and work items as required to complete the work in place. There shall be no separate payment for tack coat, header paving or temporary pavement, and all costs for any said item shall be included in the bid price for the work to which it is appurtenant. Item No. 30 Adjust Water Valve Cover: Payment for this item shall include adjustment of existing water control valve covers to finished surface elevation, including all necessary appurtenances, adjustment rings, and all other incidentals, materials, labor and equipment necessary to complete in place. 0 • SP 19 of 54 Item No. 31 Construct Concrete Sidewalks (4" thick): Payment for Construct Concrete Sidewalk (4" thick) Per City of Newport Beach Std Plan 180 -L shall include all joints as shown in standard plans and construction details and shall include parkway restoration, subgrade compaction, finishing, constructing the 4 -inch thick P.C.C. sidewalk, and all other incidentals, labor, materials, equipment, and work items as required to complete the work in place. Item No. 32 Construct Curb, (4 ") wide Variable Height Retaining Curb: Payment for Construct Curb, (4 ") Wide Variable Height Retaining Curb Per City of Newport Std Plan 181 -L -B (Case K) shall include all subgrade compaction, framing, joints, finishing, and keyways, and all other incidentals, labor, materials, equipment, and work items as required to complete the work in place. Item No. 33 Construct Maintenance Walk (4" thick, 12" wide): Payment for Construct Maintenance Walk (4" thick, 12" wide) Per Detail on Sheet 18 shall include preparation of subgrade, joints, forming, concrete, broom finish, and all other incidentals, labor, materials, equipment, and work items as required to complete the work in place. Item No. 34 Construct Concrete Mow Curb: Payment for Concrete Mow Curb Per Detail on Sheet 18 shall include all subgrade compaction, framing, joints, finishing, and keyways, restoring all existing improvements damaged by the work, and all other incidentals, labor, materials, equipment, and work items as required to complete the work in place. Item No. 35 Relocate Traffic Signals: Payment for Relocate Traffic Signals shall include full compensation for providing, installing, and the maintenance of temporary traffic signal wiring and operations, including pedestrian push buttons, and for the modification of the relocated signal system, including furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in furnishing, installing and modifying the systems as shown on the Plans, as specified in the Specifications and these Special Provisions, and as directed by the City Engineer, including any necessary loop detectors, conduit, pull boxes and wiring; excavation and backfill; concrete foundations; signs, restoring sidewalk, pavement and appurtenances damaged or destroyed during construction; salvaging existing materials; and making all required tests. Item No. 36 Signing and Striping: Payment for Signing & Striping installation shall include full compensation for furnishing all labor, material (including adhesives, glass beads and thermoplastic), tools, equipment and incidentals; and for doing the work involved in installing traffic signs, striping and markers complete in place, including grinding of existing stripes and slurry backfill, removal of raised pavement markers and salvaging and stockpiling existing obsolete signs and necessary traffic control, as shown on the plans and as specified in these Special Provisions and as directed by the Engineer, and no additional compensation will be allowed therefore. All costs for establishing alignment of traffic stripes, thermoplastic pavement markings, layout, temporary pavement painting, and grinding/ slurry of existing lines and markings shall be included and no extra costs will be allowed. • 0 SP 20 of 54 Item No. 37 Install Tree Lighting: Payment for this item shall include installation of Owner supplied tree lighting (coordinate delivery through the Engineer), all contractor supplied materials, labor, equipment, incidentals and related private electrical lighting work as specified and shown in the plans and Contract Documents. No traffic related electrical items or work shall be included under this item, but shall be covered under Relocate Traffic Signals. Item No. 38 Electrical Pullboxes, Conduit, Wiring: Payment for this item shall include full compensation for furnishing all labor, materials, equipment, incidentals and related private electrical lighting work as specified and shown in the plans and Contract Documents. Trenching, jacking, backfilling, and replacing pavement in kind for locations necessary for conduit installation shall be incidental to this item. No traffic related electrical items or work shall be included under this item, but shall be covered under Relocate Traffic Signals. Item No. 39 Meter Pedestal: Payment for this item shall include all materials, labor, equipment, incidentals and related private electrical lighting work as specified and shown in the plans and Contract Documents. No traffic related electrical items or work shall be included under this item, but shall be covered under Relocate Traffic Signals. Item No. 40 Clock Timer: Payment for Clock Timer shall include all materials, labor, equipment, incidentals and related private electrical lighting work as specified and shown in the plans and Contract Documents. No traffic related electrical items or work shall be included under this item, but shall be covered under Relocate Traffic Signals. Item No. 41 Irrigation: Payment for Irrigation shall include the removal and installation of irrigation point of connection, remote control valves, laterals, and heads, control wires and splicing, irrigation mainline and lateral lines, rotors on risers, spray head assemblies, sleeves, and all other incidentals, labor, materials, equipment, and work items as required to complete the work in place, and as shown in the plans and Contract Documents. Item No. 42 Landscaping Construction and Planting: Payment for Landscaping Construction and Planting shall include clearing and grubbing of planting areas, soil preparation, fine grading, topsoil, mulch, soil amendments, fertilizer, tree protection, shrubs, groundcovers, sodded turf, landscape drains, and all other incidentals, labor, materials, equipment, and work items as required to complete the work in place, and as shown in the plans and Contract Documents. Item No. 43 Maintenance and Establishment Period: Payment for Maintenance and Establishment Period shall include full furnishing all labor, material, tools, equipment, fertilizers, pesticides, herbicides, mowing, applicable re- planting, and all other incidentals, labor, materials, equipment, and work items as required to complete the work in the specified time, ninety (90) working days, as directed per the Contract Documents. 0 • SP 21 of 54 Item No. 44 As -Built Drawings: Payment shall include providing plans required by these Contract Documents, Section 7, 7 -16 Constractor's Records /As Built Drawings. 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." 9 -3.5 Noncompliance with Plans and Specifications. Add the following section: "Failure of the Contractor to comply with any requirement of the Plans and Specifications, and/or to immediately remedy any such noncompliance upon notice from the Engineer, may result in suspension of Contract Progress Payments. Any Progress Payments so suspended shall remain in suspension until the Contractor's operations and /or submittals are brought into compliance to the satisfaction of the Engineer. No additional compensation shall be allowed as a result of suspension of Progress Payments due to noncompliance with the plans or specifications. The Contractor shall not be permitted to stop work due to said suspension of Progress Payments." PART 2 - CONSTRUCTION MATERIALS SECTION 200 - -- ROCK MATERIALS 200 -2 UNTREATED BASE MATERIALS 200 -2.1 General. Add the following: Untreated base for pavement, cross gutters, and other improvements as required by the plans, shall be Crushed Aggregate Base conforming to 200 -2.2 and shall meet a minimum of 95% compaction. 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, for all Civil work except the retaining wall structure shall be Class 650 -CW -4000 with water reducing admixture (Type A) conforming to ASTM C 494" 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 A 615 with 2 -inch minimum cover unless shown otherwise on the plans." 0 • SP 22 of 54 201 -5 CEMENT MORTAR 201 -5.1 General. Add to this section: "Mortar shall be Class C with a cement to sand ratio of 1 to 2." 201 -7 NON - MASONRY GROUT 201 -7.2 Quick Setting Grout. Add to this section: `The Contractor shall grout the area between an existing reinforced concrete structure and the new storm drain pipe with a quick setting, non - metallic, non - shrink, elastomeric grout." SECTION 203 - -- BITUMINOUS MATERIALS 203 -5 EMULSION - AGGREGATE SLURRY 203 -5.2 Materials. Replace 1) with the following: "Emulsified Asphalt shall be of a quick set type. It shall be cationic unless otherwise specified and shall conform to the requirements of CQS -1 h of 203 -1.3 (Test Reports and Certification), 203 -3.2, and to the following specifications when tested according to appropriate ASTM Methods: Furol Viscosity at 77 degrees F sec. 15 50 Sieve Test 0.10 Residue from distillation. % 60 80 Penetration of Residue at 77 degrees F 40 75 Particle Charge Test Positive Replace 2) with the following: "ADDITIVES Latex - Latex shall be Ultrapave 65K produced by the Textile Rubber and Cement Company, Inc., or equal approved by the Engineer in advance of ordering the latex additive. It shall be added to the emulsified asphalt by the co -mill method at the emulsion plant at the rate of 2'/z percent of weight of the emulsified asphalt. Latex- added emulsified asphalt shall be kept in a suspended state by an agitating mixer and mixed every three (3) days.Materials testing shall be performed as directed by the Engineer." Replace in Table 203 -5.2 (B): Sand Equivalent shall range from a value of 55 to a value of 45." 203 -5.3 Composition and Grading. Replace Residual Asphalt percentage of Dry Aggregate Weight for Type 11 aggregate from a value of 7.5 minimum to 8.5 minimum. • 203 -6 ASPHALT CONCRETE 203 -6.1 General. Add the following: . SP 23 of 54 "Asphalt concrete shall be Type Class C2- PG -64 -10 for the surface courses, and B- PG-64-10 for base courses." SECTION 207 -- -PIPE 207 -2 REINFORCED CONCRETE PIPE (RCP) 207 -2.5 Joints. Add to this section: "All RCP pipe shall comply with spun pipe wall thickness as directed per Table 207- 2.3.3(A). All storm drain joints shall be sealed with an external joint sealer for pre -cast concrete. The joint sealer shall consist of a reinforced collar composed of rubberized mastic formulated to bond into the pores of the concrete. The joint sealer shall also have embedded steel straps. The Contractor shall use Mar Mac "Mac Wrap" or approved equal. Mar Mac Manufacturing Company may be contacted at (800) 845 - 6962." 207 -17 PVC PLASTIC PIPE 2.07 -17.1 General. Add the following: "PVC pipe shall conform to table 207 -17.1 (A), unless directed by the Engineer to use other." SECTION 212 — LANDSCAPE AND IRRIGATION MATERIALS 212 -1 LANDSCAPE MATERIALS. 212 -1.1 Topsoil. 212 -1.1.1 General. Add the following: Unless otherwise specified on the Plans or required by the Engineer, topsoil shall be Class "C" in accordance with the requirements of 212 - 1.1.4. Imported soil, if required, shall be Class "A" topsoil in accordance with the requirements of 212 - 1.1.2. 212 -1.2 Soil Fertilizing and Conditioning Materials. 212 -1.2.3 Commercial Fertilizer. Add the following: Commercial Fertilizer shall be a uniform 'Beaded" homogenous mixture - 100% passing through a #4 mesh screen - a water soluble bio- degradable binder shall be used to insure fast breakdown. The chemical analysis shall be: 5 -3 -1, Nitrogen (available) 5.00 %, Phosphate 3.00 %, Potash 1.00% Humus 70.00 %, Humic Acids 15.00% Soil Penetrant 1.00 %. bacterial "stimulator ", and containing no poultry, animal, or human waste. 0 i SP 24 of 54 The commercial fertilizer shall have the following guaranteed analysis: -- — - .._..__ - --... _ _ . -. -.. - ---- --- I Total Nitrogen (N) 5.00% :1.00% Ammoniacal Nitro en 4.00% Urea Nitrogen I Available Phosphoric Acid (P205) Soluble Potash (K20) 11.00% j (Fe) 1.00% (Zn) .05% .05% from ammonium phosphate, urea, sulphate of potash, compost and oxides of iron, manganese and zinc. - - ...- ................ ............__....- - - - -- cids (derived froo m compost) 15.00% nt (alkyl naphthalene sodium( 1.00% - aerobic, anaerobic)jMinimum 60,000 per 100 gram & Mold Planting tablets shall be compressed, slow - release 7 gram planting tablet that consists of the following percents by weight: 12- nitrogen, 8- phosphoric acid, 8- potash, 20- humus, 4 -humic acids (1 year tablet). Agricultural grade gypsum shall be a calcium sulfate product (98 %). Ninety percent (90 %) shall pass a fifty (50) mesh screen. 212 -1.2.4 Organic Soil Amendment. Add the following: Type I organic soil amendment shall be used. The Contractor shall supply the Landscape Architect with a sample of the proposed amendment accompanied by a laboratory analysis from a testing agency registered by the State, which states that the amendment complies with the specifications. 212 -1.2.5 Mulch. Add the following: Bark mulch shall be shredded cedar, pine, or fir bark or equal commercial product. Typical mulch size shall be 1" to 2 ". Submit two (2) samples to the Landscape Architect for approval prior to installation. The material shall be free of seeds, debris, and deleterious materials, and shall have a rich brown color when supplied. • . SP 25 of 54 Add the following section: 212 -1.2.6 Herbicides and Pesticides. Herbicides and pesticides shall be used in their appropriate applications with strict adherence to manufacturers' specifications and instructions. Post - emergent herbicide for all areas shall be Roundup, Diquat, Montar, or approved equal. Pre - emergent herbicide for shrub and groundcover areas shall be Treflan, Surflan, Eptan, or approved equal. 212 -1.4 Plants. 212 -1.4.1 General. Add the following: All plants furnished by the Contractor shall be true to type or name as shown on the Plans and shall be tagged in accordance with the standard practice recommended by the Agricultural Code of the State of California. However, the Landscape Architect shall make determinations of plant species or varieties. All plants shall have been grown in nurseries that have been inspected by the governing authorities. Inspection of plant materials required by County, State, or Federal authorities shall be the responsibility of the Contractor, and it shall have secured permits or certificates prior to delivery of plants to site. Certificates of inspection shall be filed with the Engineer. Plants shall be subject to inspection and approval or rejection by the Engineer and Landscape Architect upon delivery to the site at any time before or during progress of the work. Inspections shall include: a) Quantity, quality, size, and variety; b) Ball and root condition; c) Latent defects and injuries resulting from handling, disease and insects; and installation. d) Uniformity of plant materials. The Contractor shall notify the Engineer and Landscape Architect forty -eight (48) hours before the delivery of plant material, so the plants can be inspected prior to planting. 0 212 -2 IRRIGATION SYSTEM MATERIALS 212 -2.1 Pipe and Fittings. • SP 26 of 54 212 -2.1.3 Plastic Pipe for Use with Solvent Weld or Threaded Fittings. Delete the second paragraph and substitute the following: Schedule 40 pipe shall be used for installation on the discharge side and the continuously pressurized side of control valves when the size is 2" or less. For installations of pipe 2'/2" and larger, CL 315 pipe shall be installed. All fittings shall be schedule 40. 212 -2.2 Valves and Valve Boxes. 212 -2.2.7 Valve Boxes. Replace the entire subsection with the following: Valve boxes shall be made of durable plastic with locking lids. Lids shall be green in color. Boxes shall be sized to give maintenance freedom and access. All valve box lid locks shall use a common key. Valves shall include a valve identification tag per the plans. 212-4 MEDIAN DRAIN. 212 -4.1 General. Add this section: "Median drain shall be specified as Brooks Products, Precast Concrete catch basins No. 2424 series with variable depths with galvanized steel parkway grates. Brooks Products 1850 Parco Avenue Ontario, CA 91761, or approved equal. Contractor to provide shop drawings to City for approval prior to installation." SECTION 214 - -- PAVEMENT MARKERS 214 -4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non - reflective pavement markers types A and AY shall be ceramic." 214 -5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass- covered reflective faces or be 3M Series 290." 0 • SP 27 of 54 PART 3- CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials Add to this Section: 'Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: http: / /www. city.newport- beach.ca.us /GSV /Frachised Haulers.htm." 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. 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. Areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. 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 "V/2 inch" of the last sentence with the words "two (2) inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. • SP 28 of 54 SECTION 302 ROADWAY SURFACING SECTION 302 -4 EMULSION - AGGREGATE SLURRY 302 -4.3 Application 302 -4.3.1 General. Add to this section; "Emulsion- Aggregate Slurry as specified per the Contract Documents shall be applied over grinded pavement surfaces where striping has been removed. Slurry shall be applied at the rate of 13 pounds per square yard., 302 -4.3.2 Spreading. Replace the first sentence of the second paragraph with, "The application of slurry shall not commence until after 8:00 a.m., and the slurry shall be sufficiently cured for vehicle traffic without tracking or damage to the surface by 3:00 p.m. on the same day. In case of damage done by vehicles and/or pedestrians upon slurry that has not been sufficiently cured by 3:00 p.m., the Contractor shall replace all of the damaged work at the Contractor's expense and no additional compensation shall be made by the City. Final striping shall be installed no more than ten (10) working days after placement of slurry." Replace the first sentence of the third paragraph with, "Prior to the slurry application, the Contractor shall clean all work surfaces and remove all loose materials, vegetation, oil, and other foreign material. Additionally, all weeded locations shall be treated by an approved weed - killer before any slurry shall be applied." 302 -4.3.4 Application Testing. Add this section: "Upon the Engineer's direction, the Contractor shall slurry seal test sections within the construction limits for each batch of slurry mix. The Contractor shall apply the slurry test sections as directed by the Engineer. No slurry shall be applied until the test slurry sections have been approved the Engineer. The costs of these slurry tests shall be included in the contract price paid for slurry seal and no additional compensation shall be made by the City to the Contractor." 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section: "The asphalt concrete (A.C.) used for surface caps shall be C2- PG- 64 -10. The A.C. for base course shall be B- PG- 64 -10. Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top 2'/2 inches of surface course asphalt shall be placed in a separate lift over 10 inches AC base course which shall be placed in 4 separately compacted lifts with evenly distributed thicknesses. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted 95% minimum with an F- PG -64 -10 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 -1 h 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. 0 SP 29 of 54 302 -5.8 Manhole (and other structures). Add the following: Contractor shall be required to protect and maintain existing utility access frames, grates, and lids during paving operations. No grade difference at lip, between utility frame and asphalt concrete finished grade pavement, shall be allowed." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -4 MASONRY CONSTRUCTION 303 -4.1.1 General Add to this section: "Work under Construct Retaining Wall shall adhere to the State of California Department of Transportation (CalTrans) Standard detail B3 -11 and Standard Specifications as modified per the design plans and as directed by the "Geotechnical Investigation for Design and Construction of Retaining Wall, Northwest Corner of Pelican Hill Road North and Newport Coast Drive, Newport Beach , CA. ", dated May 9, 2008 available through the Engineer." 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 303 -5.5 Finishing 303 -5.5.2 Curb. Add to this section: "Where applicable, 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." 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." E • SP 30 of 54 SECTION 307 - -- STREET LIGHTING AND TRAFFIC SIGNALS 307 -4 TRAFFIC SIGNAL CONSTRUCTION Delete the entire Section 307, and replace with Section 86 of the Caltrans Standard Specifications, May 2006 edition, and the 2006 Standard Special Provisions (SSPs). 86 -1 GENERAL 86 -1.01 Description Replace the entire subsection with the following: The work to be done consists of the modifying of traffic signals and safety lighting including, but not limited to, installing conduits, pull boxes, conductors and inductive loop detectors; performing all operations; and furnishing materials, equipment, and traffic control, and all necessary appurtenant work for traffic signal and safety lighting installation at the following location(s): PROJECT LOCATION Newport Coast Drive at Pelican Hill Road North The locations of signals, standards, lighting fixtures, signs, controls, and appurtenances shown on the Plans are approximate and the exact locations will be established by the Engineer in the field. All systems shall be complete and in operating condition at the time of acceptance of the Contract. The Contractor shall provide to the City all traffic signal equipment shop drawings prior to ordering the equipment for the City's approval. 86 -1.05 Warranties, Guaranties and Instruction Sheets. Add the following: Guaranty for all work, materials and labor shall be valid for a period of one year from the date of acceptance of the work. Full compensation for furnishing the guaranty will be considered as included in the Contract Unit Price for the items of work involved and no additional compensation will be allowed therefor. L • SP 31 of 54 86 -1.06 Maintaining Existing and Temporary Electrical Systems Maintaining existing and temporary electrical systems shall conform to the provisions in Section 86 -1.06 "Maintaining Existing and Temporary Electrical Systems" of the State of California Department of Transportation (Caltrans) Standard Specifications and these Special Provisions. The Contractor shall request prior authorization from the Engineer for each traffic signal system shutdown. Traffic signal system shutdown shall be coordinated through the Engineer, and shall be kept to a minimum, as determined by the Engineer. The Contractor shall install temporary overhead wiring and equipment to maintain full signal operation (except for vehicle detection) and safety lighting at locations designated in bid items. This wiring shall include operation of pedestrian push buttons. No exception shall be allowed. Traffic signal system shutdowns shall be limited to periods between the hours of 9:00 A.M. and 4:00 P.M. on weekdays. The Contractor shall place "Stop Ahead" and "Stop" signs to direct vehicle and pedestrian traffic through the intersection during traffic signal shutdown. Temporary "Stop Ahead" and "Stop" signs shall be either covered or removed when the system is turned on. "Stop Ahead" and "Stop" signs shall be furnished by the Contractor and shall conform to the provisions in Section 12 -3.06, "Construction Area Signs" of the State of California Department of Transportation (Caltrans) Standard Specifications. Minimum size of "Stop" signs shall be 36 inches. One "Stop Ahead" sign and one "Stop" sign shall be placed for each direction of traffic. For two lanes approaches, two "Stop" signs shall be placed. Location of the signs shall be as directed by the Engineer. 86 -1.07 Scheduling of Work. Add the following: Order of Work Order of work shall conform to the provisions in Section 5 -1.05, "Order of Work," of the State of California Department of Transportation (Caltrans) Standard Specifications and these Special Provisions. The FIRST order of work shall be to place, within a maximum of five (5) days after the date of Contract execution to proceed, the order for the traffic signal equipment (poles, pedestrian push button assemblies, etc.). The Contractor shall furnish the Engineer with a statement from the vendor that the order for said equipment has been received and accepted by the vendor. • • SP 32 of 54 Delays in the delivery of equipment that are due to the Contractor not ordering the equipment in a manner to accommodate the progress of the construction schedule, shall not be justification for a Time Extension to the Contract Working Days. The SECOND order of work shall be potholing of ALL areas where there are utility and /or drainage facilities to verify the necessary vertical and horizontal clearance required for installation of all underground construction. The Contractor shall not begin sub - surface work until approval has been obtained from the Engineer. The Contractor shall be responsible to minimize the time between the sub - surface work and aboveground installations so as to minimize impact to the public. The Contractor's schedule for both sub - surface and aboveground work shall be based on a written estimated pole delivery date. 86 -2 MATERIALS AND INSTALLATION 86 -2.01 Excavating and Backfilling. Excavating and Backfilling shall conform to the provisions in Section 86 -2.01, "Excavating and Backfilling", of the Standard Specifications and these Special Provisions. 86 -2.03 Foundations Foundations shall conform to the provisions in Section 86 -2.03, "Foundations" and to Section 90, "Portland Cement Concrete" of the State of California Department of Transportation (Caltrans) Standard Specifications. Costs to install foundations for posts, standards, pedestals and all other traffic signal facilities, shall be considered to be included in the lump sum price paid for the Traffic Signal Modification, and no additional compensation shall be allowed therefore. 86 -2.04 Standards, Steel Pedestals and Posts. Standards, steel pedestals, and posts shall conform to the provisions in Section 86 -2.04, "Standards, Steel Pedestals, and Posts ", of the State of California Department of Transportation (Caltrans) Standard Specifications and these Special Provisions. Mast arms shall be installed in accordance with the "Signal Arm Connection Details" of the State of California Department of Transportation (Caltrans) Standard Plans, unless specifically directed otherwise on the construction plans. If required by the serving electric utility, and confirmed by the Engineer, State Certified Electric Workers shall be utilized for the installation of standards, steel pedestals and posts in accordance with State of California High Voltage Safety Orders. The cost of furnishing, installing, transporting and/or shipping for each standard, steel pedestal and post and anchor bolts shall be included in the Lump Sum price paid for the traffic signal modification and no additional compensation shall be allowed therefor. • • SP 33 of 54 Standards, Steel Pedestals and Posts shall not be erected or installed until conduits, pull boxes, and other underground installation is complete and in place; and signal faces, video detection, push buttons, signs, luminaries, and other materials required to complete the installation in its entirety have been inspected, passed inspection, are in the Contractor's possession, and are available for immediate installation. 86 -2.05 Conduit. 86 -2.05A Material Conduit shall conform to the provisions in Section 86 -2.05, "Conduit," of the State of California Department of Transportation (Caltrans) Standard Specifications and these Special Provisions. Unless otherwise indicated, 2" Type 1 Rigid Metallic Conduit shall be used. 86 -2.05C Installation Replace the first sentence of the first paragraph with the following: Conduit shall be installed in conformance with the codes and regulations listed in Section 86 -1.02, "Regulations and Codes" and these Special Provisions. Replace the twentieth paragraph with the following: Conduits terminating in standards or pedestals shall extend not more than 2 inches vertically above the foundation and shall be sloped towards the handhole opening. Conduit entering through the bottom of a pull box shall terminate 2 inches above the bottom and shall be located near the end walls to leave the major portion of the box clear. At all outlets, conduits shall enter from the direction of the run. Add the following: After conductors have been installed, the ends of conduits terminating in pull boxes and controller cabinets shall be sealed with an approved type of sealing compound. 86 -2.06 Pull Boxes 86 -2.06A Materials Replace the subsection with the following: Pull Boxes shall conform to the provisions in Section 86 -2.06, "Pull Boxes," of the State of California Department of Transportation (Caltrans) Standard Specifications and these Special Provisions. Pull Boxes shall be placed with their tops flush with surrounding finish grade. . . SP 34 of 54 The pull boxes shown on the plans are to be installed as a minimum. The Contractor may, at his expense, install additional pull boxes to facilitate his work. Pull boxes, covers and extensions for installation in the ground or in sidewalk areas shall be of the sizes and details shown on the Plans and shall be precast of reinforced Portland Cement Concrete (PCC). Plastic pull boxes shall not be used. All No. 6 pull boxes shall be Christy Concrete Products, Inc. with fiberlyte lid, or approved equal. Covers shall be secured with 3/8 inch bolts, cap screws, or studs, and nuts which shall be of brass, stainless steel or other non - corroding material. Stainless steel hold -down bolts, cap screws or studs, and nuts and washers shall have a chromium content of not less than 18 percent and a nickel content of not less than 8 percent. All ferrous metal parts shall be galvanized in conformance with the provisions in Section 75 -1.05 of the Caltrans Standard Specifications. 86 -2.06C Installation and Use Replace the entire subsection with the following: Pull boxes shall be installed at the locations shown on the Plans and shall be spaced at no more than 200 -foot intervals. The Contractor may, at the Contractor's expense, install additional pull boxes to facilitate the work. Where the sump of an existing pull box is disturbed by the Contractor's operations, the sump shall be reconstructed to the satisfaction of the Engineer. 86 -2.08 Conductors Conductors and wiring shall conform to the provisions in Section 86 -2.08, "Conductors," of the State of California Department of Transportation (Caltrans) Standard Specifications and these Special Provisions. Conductors shall be THW and installed continuously without splicing from the controller cabinet to each traffic signal pole. The Contractor shall provide all new conductors unless otherwise shown on the Plans or provided for in these Special Provisions. 86 -2.09 Wiring Wiring shall conform to the provisions in Section 86 -2.09, "Wiring." of the State of California Department of Transportation (Caltrans) Standard Specifications and these Special Provisions. • 86 -2.09C Connectors and Terminals Add the following: i SP 35 of 54 Conductors #10 AWG or larger shall be spliced by the use of approved "C" shaped compression connectors. 86 -2.09D Splicing and Terminations Add the following: No splicing shall be permitted except for signal and lighting commons. All conductors shall extend from the cabinet to the terminal compartment in each pole. Conductors #10 AWG or larger shall be spliced by the use of approved "C" shaped compression connectors. 86 -2.09E Splice Insulation Replace the first sentence of the last paragraph with the following: The Contractor shall use splice insulation "Method B ". 86 -2.10 Bonding and Grounding Bonding and grounding shall conform to the provisions in Section 86 -2.10, Bonding and Grounding," of the State of California Department of Transportation (Caltrans) Standard Specifications and these Special Provisions. Grounding jumper shall be attached by a 3/16 inch or larger brass bolt in the signal standard or controller pedestal and shall be run to the conduit, ground rod or bonding wire in adjacent pull box. Grounding jumper shall be visible after cap has been poured on foundation. 86 -5 DETECTORS 86 -5.01 VEHICLE DETECTORS 86 -5.01A Inductive Loop Detectors Detectors shall conform to the provisions in Section 86- 5.01A, 'Inductive Loop Detectors ", of the Standard Specifications and these Special Provisions. Traffic signal loop detectors shall be replaced per Caltrans Standard Plans ES -5A and ES -513 and shall be Type E. The new loop detectors shall be installed within the AC pavement final course. Loop wire shall be Type 2. Loop detector lead -in cable shall be Type B. • • SP 36 of 54 Detector curb terminations shall be in accordance with Standard Plans ES -5D, Case A. The conduit shall extend 18- inches into the paved roadway. All loops shall be tested sequentially by three methods: by megger (measured by megaohms), by resistance (in ohms), by inductance (measured in microhenries). Loop sealant shall be the hot -melt rubber sealant type, unless otherwise directed by the Engineer. Loop conductors and sealant shall be installed on the same day the loop slots are cut. Inductive loop detectors shall be furnished and installed, in accordance with the detection specified on the plans and these Special Provisions. 86 -5.02 Pedestrian Push Button Assemblies Pedestrian push button shall conform to the provisions of Section 86 -5.02 'Pedestrian Push Button Assemblies" of the State of California Department of Transportation (Caltrans) Standard Specifications dated May 2006, Americans with Disabilities Act, and these Special Provisions. Pedestrian push button housing shall be the metal type. Pedestrian push buttons hardware and installation shall be installed per the State of California Department of Transportation (Caltrans) Standard Plans page ES -4C. 86 -8 PAYMENT 86 -8.01 Payment. Replace the entire subsection with the following: Payment shall be per Section 9 -3, 'Payment', Traffic Item numbers 2, 35, & 36, of these Specifications. 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 be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. The Contractor shall arrange to meet for this work with the City's Urban Forester, Mr. John Conway at (949) 644 -3083 a minimum of five (5) working days prior to beginning the work. The Contractor shall describe the method of pruning and removing minor tree roots that may be encountered during construction. The Urban Forrester will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he/she shall cease work at that location and immediately contact the City's Urban Forrester for inspection. Upon inspection, the 0 SP 37 of 54 Urban Forrester may require the Contractor to formally submit a plan for removing the large roots to the City for review. The submittal shall adhere to the following guidelines. 1. Root Pruning a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. b. Roots shall be cleanly severed using 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.). 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. 308 -2 EARTHWORK AND TOPSOIL PLACEMENT. 308 -2.1 General. Add the following: The landscape work shall not begin until all other trades have repaired all areas of settlement, erosion, rutting, etc., and the soils have been re- established, re- compacted and refinished to final grades. The Engineer shall be notified of all areas where the landscape work is prevented from being executed. • • SP 38 of 54 Surface drainage shall be provided by modeling the surfaces to facilitate the natural run -off of water. Low spots and pockets shall be filled with topsoil and graded to drain properly. 308 -2.3 Topsoil Preparation and Conditioning 308 -2.3.1 General. Substitute Class 'A' with Class 'C' in the first sentence of the first paragraph. Add the following: Before soil preparation operations are started in any area, the Contractor shall remove and dispose of all trash and any other debris on the surface of the ground. 308 -2.3.2 Fertilizing and Conditioning Procedures. Add the following: At least 30 days before plant installation, the Contractor shall select a minimum of two (2) soil samples per acre from the project site, at a location approved by the Engineer, and have a soil analysis performed to determine nutrient and mineral content, compositional characteristics, pH, EC, micronutrients, permeability, and existence of possible toxic elements. An agricultural soils laboratory with full testing service capability, which is familiar with the fertilizer requirements in these specifications, shall conduct soils analysis, and shall be approved by the Landscape Architect prior to testing. Analysis shall include generic written recommendations for amending or correcting soil conditions using soil amendments. Results of the soils analysis shall be received by the Engineer and the Landscape Architect fifteen (15) days prior to ordering prescribed amendments. Based on the soils test results, the quantity or type of amendments shown below may be modified by the Engineer. The following soils amendments shall be used for bidding purposes only. Actual types and quantities may be altered based on the soil analysis as described above. The conditioning material per 1000 square feet shall be: a) Two (2) cubic yards organic amendment b) Twenty (20) lbs. gypsum c) 200 pounds commercial fertilizer per these specifications The Contractor shall apply post -plant fertilizer per manufacturer. Add the following subsection. 308 -2.5 Weed Eradication. After the irrigation installation and before the planting installation, the Contractor shall irrigate the planting areas a minimum of seven (7) times over fourteen (14) days to germinate existing weed seeds. Allow weed seeds to grow until they reach a maximum height of two to three inches. A post- emergent 0 • SP 39 of 54 herbicide spray material shall then be applied per the manufacturer's specifications and instructions. The sequence of operations shall be approved by the Engineer prior to beginning spraying operations. Before applying any chemical spray material, the Contractor shall obtain from the Engineer written approval of the material to be used, the rate, and method of application. Any weed growth, which subsequently appears, shall be killed by additional spraying before the weeds exceed two - inches (2 ") in height. At the time of planting, each area to be planted shall be free of living weeds of any height. The Contractor shall immediately remove and dispose of mowed weed growth and all other debris generated by clearing and grubbing when so directed by the Engineer. The Contractor shall allow sufficient time in the construction schedule to perform weed eradication without causing construction delays. Any delays due to weed eradication shall be at the Contractor's expense. 308 -4 PLANTING. 308 -4.1 General. Add the following: All plants of the same species and container size (i.e., the same specification) shall be uniform in size and shape and at the same stage of growth to the satisfaction of the Engineer. The Contractor shall be responsible for managing the site and performing planting, maintenance and corrective measures to the best advantage of the plant material to promote healthy growth, establishment, and success of the plantings. This shall include providing drainage, irrigation, maintaining a proper soil moisture level, weeding, fertilization, protection, temporary measures to promote establishment, and other reasonable maintenance and construction efforts needed to provide for the successful establishment of the plant materials during the contract period. All plants shall be full -sized and shall have root systems at a fully developed state within the container. Hair roots should extend to the edge of the container. No plant shall be root - bound. Root balls may require scarification to the satisfaction of the Engineer. No plants shall be planted if the ball is broken or cracked, whether before or during the process of planting. Any plant transplanted by the Contractor that dies or has bark, branch or die -back injury shall be replaced with an equal plant at the Contractor's expense to the satisfaction of the Engineer. The Contractor shall not install planting as shown in the plans when it is obvious in the field that conditions exist which are detrimental to plant survival and growth. Such conditions shall be brought to the attention of the Engineer. The irrigation system shall be installed, pressure tested, coverage tested, and fully operational prior to planting as approved by the Engineer. • • SP 40 of 54 No plants shall be transported to the planting area that are not thoroughly wet throughout the ball of earth surrounding the roots. Plants should not be allowed to dry out, nor shall any roots be exposed to the air except during the act of placement. Any plant that, in the opinion of the Engineer, is dry or in a wilted condition when delivered or thereafter, whether in place or not, will not be accepted and shall be replaced at the Contractor's expense. All inspections herein specified shall be made by the Engineer and Landscape Architect. The Contractor shall request inspection at least 48 hours in advance of the time inspection is required. Inspection shall be required on the following stages of the work: (a) During preliminary grading, soil preparation, and initial weed eradication. (b) When plants are spotted for planting, but before planting holes have been excavated. (c) When finish grading has been completed. (d) When all specified work has been completed in order for the Landscape Architect to prepare a punch -list of items to be corrected. (e) Completion of the corrected punch -list items prior to the start of the Maintenance and Plant Establishment period. (f) Final inspection at the completion of the Maintenance and Plant Establishment period. The Contractor's failure to obtain inspection will extend the start and /or finish of the Maintenance and Plant Establishment Period as applicable, unless otherwise agreed to in writing by the Engineer. 308 -4.5 Tree and Shrub Planting. Delete the first sentence and replace with the following: Planting holes shall be approximately square with vertical sides to the depth of the rootball and shall be two times the width of the rootball. Delete paragraph four and replace with the following: All planting holes shall be backfilled with a prepared soil mix conforming to the following requirements (per cubic yard of mix): Seven (7) parts by volume on -site soil Three (3) parts by volume organic amendment Sixteen (16) lbs. Commercial fertilizer per these specifications The materials shall be thoroughly mixed prior to placing them in the planting pit so that they are evenly distributed and without clods or lumps. Plants shall be placed in the • • SP 41 of 54 pits so that the plant will be at its natural growing height and the backfill material will be level with surrounding soil after settlement. Fill pit '/z full with amended soil. Fill hole with water and allow to saturate the rootball and adjacent soil. After the water has completely drained, add planting tablets (7 gram size) prior to completing the backfilling procedure. Fertilizer planting tablets (7 gram size) shall be placed with each plant at the following rates: Two (2) tablets per one (1) gallon container; Six (6) tablets per five (5) gallon container; Face plants with fullest growth facing street. Set plant plumb and hold rigidly in position until soil has been tamped firmly around ball or roots. Position the plant in the hole and backfill no higher than halfway up the root ball. Place the recommended number of tablets evenly around the perimeter of, and immediately adjacent to, the root ball at a depth that is between the middle and the bottom of the root ball. Complete the backfilling, tamp (eliminating all air voids) and water. Do not pack. Construct a berm four - inches (4 ") above finish grade, extending 4" to 6" beyond edge of root ball, forming a watering basin with a level bottom around each plant. 308 -5 IRRIGATION SYSTEM INSTALLATION 308 -5.1 General. Add to the last paragraph: "The Contractor shall accurately record on one set of black and white prints (irrigation drawings) all changes in work constituting departures form the original contract drawings. The record drawings of the irrigation system shall show locations and depths of the following items: a) Points of connection. b) Routing of pressurized and non - pressurized lines (dimension at a maximum of 100 feet along routing. c) All valves. d) Quick coupling valves. e) Rerouting of control wires. f) Other related equipment (as directed by Engineer). Dimensions shall be from two permanent points of reference (monuments, sidewalks, curbs, and pavement). Post information on the As -Built drawings on a day -to -day basis as the work is installed. All dimensions noted on the drawings shall be a' /4 inch in size. . . SP 42 of 54 Upon completion of each increment of work, the Contractor shall transfer all such information and dimensions to the prints. Changes and dimensions shall be in a legible and professional manner. When the drawings are approved, transfer all information to a set of reproducible drawings. The Contractor must submit As -Built drawings to the Engineer for approval seven days prior to the start of the Maintenance and Establishment Period. The Contractor shall check and verify the water pressure at the Point of Connection (P.O.C.) prior to beginning work. The Contractor shall notify the Engineer of any discrepancy between pressure indicated on the plans and the actual water pressure measured in the field. If the pressure provided at site or any other condition will create problems that will prevent proper operation of the irrigation system, the Engineer shall be notified before commencement of any work. Minor additions and adjustments of heads, piping, and circuits shall be made at no additional cost to the City where it is necessary to make the irrigation system operate properly." 308 -5.2 Irrigation Pipeline Installation 308 -5.2.1 General. Add the following: Irrigation pipe shall be installed in conformance with 308 - 5.2.3. "Plastic Pipeline ", Pipe flushing and pressure testing shall conform to 308 -5.6, "Flushing and Testing." At any location where irrigation pipe has less than fifteen - inches (15 ") of cover due to interferences or other adjustments, the Contractor shall, at its own expense, provide a galvanized sleeve that is twice the diameter of the pipe being sleeved or other protection to the satisfaction of the Engineer. No extra costs shall be allowed for this protection. The Contractor shall avoid installing pipe through proposed tree locations to avoid conflict with the root ball. Provide sand backfill for irrigation piping a minimum of four inches (4 ") over and under all piping under paved areas, and a minimum of two inches (2 ") on all other piping. Sand shall conform to the requirements of 200 - 1.5.3, "Sand for Portland Cement Concrete," (minimum SE of 70) and 200 - 1.5.5, "Sand Gradation." Backfill material placed in the pipe trenches and over electrical wiring shall be select material free from stones or other material that might damage the pipe or insulation on the conductors. Backfill of irrigation pipe shall conform to 308 -2.2, 'Trench Excavation and Backfill." Densification of bedding material shall be per 306 - 1.3.3, "Jetted Backfill." All trenches shall be compacted to the same compaction as the adjoining area and finished flush with adjoining grades. If settlement occurs and subsequent adjustments in pipe, valves, irrigation heads, planting, or other construction is necessary, the Contractor shall make required adjustments without cost to the City. • . SP 43 of 54 Unless otherwise directed by the Engineer, pressure piping shall be provided with PCC thrust blocks. Thrust blocks shall be constructed at the following places: (a) Where pipe changes direction at fittings. (b) Where pipe changes size. (c) Where line terminates. (d) Around gate valves (bottom half of valve in concrete; bolts exposed for change of top half). The Contractor shall install irrigation sleeves where any irrigation pipe or irrigation control wire passes under paving. Sleeves shall extend twelve inches (12 ") beyond the edge of paving. Sleeves shall be Schedule 40 PVC with a diameter that is two times that of the irrigation pipe or wire being sleeved. 308 -5.2 Installation of Valves, Valve Boxes, and Special Equipment. Add the following: Install valve boxes in planting areas and according to the construction details. Only one valve per box will be allowed. Align valve boxes at right angles to the adjacent hardscape whenever possible. Where several valve boxes are located in the same area, arrange them in a uniform and orderly fashion. When grouped together, allow a minimum of twelve- inches (12 ") between valves. The valves shall be installed in valve boxes, which shall have enough room on all sides to allow repair personnel to completely re- construct the valves without removing the valve box. Valve boxes shall have identification numbers hot branded onto the box covers. The letters shall be two- inches (2 ") high and shall be branded using irons specifically designed for this purpose. Heat branding shall not weaken or in any way puncture the valve box cover. Remote control valves shall be branded "RCV" followed by the irrigation controller and valve number (e.g. RCV A -12), ball valves shall be branded "BV ", quick coupler valves shall be branded "QCV ", flush valves shall be branded "FV ", and air release valves shall be branded "ARV ". Identification tags with numbers are required on all valves. Tags shall have black letter with yellow background unless otherwise directed by the Engineer. 308 -5.4 Sprinkler Head Installation and Adjustment 308 -5.4.2 Location, Elevation, and Spacing. Add the following: The Contractor shall coordinate the installation of all sprinkler equipment, including pipe, with the Plans to avoid interfering with trees or other planting, permanent pavement, utilities, or signage. FLUSHING AND TESTING SP 44 of 54 308 -5.6.1 General. Add the following: If leaks develop, repair leaking portions and repeat test until entire system is proven to be water - tight. Tests shall be observed and approved by the Engineer prior to backfilling trenches. Add the following section: 308 -5.7 Controller Charts. Upon completion of the work, the control system shall be in operating condition with an operational chart mounted in the controller cabinet. As -Built drawings shall be approved by the Engineer before the controller charts are prepared. The Contractor shall provide two controller charts for each controller supplied that show the area covered by the automatic controller on the maximum size sheet which the controller or controller cabinet door will allow. The chart shall be a reproduction of the As -Built system drawing. However, in the event the controller sequence is not legible when the drawing is reduced, it shall be enlarged or redrawn to a size that will be readable. The chart shall be a bond print, and a different color shall be used to show area of coverage for each station. When completed and approved by the Engineer, one of the charts shall be hermetically sealed between two pieces of plastic, each piece being a minimum 20 mils. thick. This chart shall be mounted using Velcro or approved equal type of tape. The other chart shall be given to the Engineer. These charts shall be completed and approved prior to final inspection of the irrigation system. 308 -6 MAINTENANCE AND PLANT ESTABLISHMENT Delete entire section and substitute the following: The Maintenance and Plant Establishment Period shall begin on the first day after all planting and irrigation is completed and accepted by the Engineer and shall continue thereafter until the plant maintenance and establishment period have passed. Notify the Engineer at least seven (7) days in advance of completing the installation so that a walkthrough can be scheduled to facilitate acceptance of the improvements. Failure by the Contractor to notify the Engineer will delay the start of the Maintenance and Establishment Period. Should the Maintenance and Establishment Period be extended beyond the prescribed time line because of rejection by the Engineer, the entire installation shall remain the responsibility of the Contractor unless otherwise determined by the Engineer. Any rejected material shall be replaced and the Maintenance and Establishment Period shall be restarted from that time for the replaced material only. 0 0 SP 45 of 54 All areas included under this Contract shall be maintained on a weekly basis by the Contractor. The Contractor, without any expense to the City, shall weed the planted areas as needed and shall remove all accumulated debris and trash from the landscaped areas as needed and /or as called for by the Engineer. The Contractor shall apply post -plant fertilizer at the rate of twenty pounds (20 lbs.) per 1,000 sq. ft., forty -five (45) days after planting and once again at the end of the Maintenance and Establishment period. The above fertilization schedule may be revised by the Engineer if optimal plant health and growth is not being obtained. The Contractor shall comply with all changes as directed. The Contractor shall be responsible to provide adequate water to all plants without over watering. Water conservation is mandated. The Contractor shall obtain approval from the Engineer for its proposed irrigation schedule and any changes thereto. Upon completion of the Maintenance and Establishment Period, the Engineer will perform a final inspection for acceptance. The Contractor shall notify the Engineer one (1) week prior to the end of the maintenance period to schedule the inspection. Failure to pass inspection will result in an extension of the Maintenance and Establishment Period as the Engineer deems necessary, at no additional cost to the City. Add the following subsection: 308 -6.1 Operation and Maintenance Manuals. Prepare and deliver to the Engineer and Pelican Heights Homeowners' Association, prior to the start of maintenance, all required and descriptive material in complete detail in four individually bound copies. Describe the material installed in sufficient detail to permit qualified operating personnel to understand, operate and maintain all equipment. Each manual shall contain the following information: 1) Contractor's address and telephone number. 2) Duration of guarantee period and guarantee forms. 3) List of equipment with names and addresses of manufacturer's local representatives. 4) List of equipment with names and addresses of manufacturer's local representatives. 5) Complete operating and maintenance instructions on all major equipment. In addition to the above - mentioned manuals, provide the maintenance personnel with instructions for maintaining major equipment and show written evidence of such instruction in writing to the Engineer at the conclusion of the project. • • SP 46 of 54 Add the following subsection: 308 -6.2 Spare Parts and Equipment. The Contractor shall provide the following to the Engineer: 1) Three (3) keys for opening and locking each automatic controller enclosure. 2) Two (2) quick coupler keys '/ inch bronze hose bib, bent nose type with hand wheel and two coupler lid keys. 3) Two (2) valve box cover keys or wrenches. 4) One (1) five foot tee wrench for operating globe valves (if used). 308 -7 GUARANTEE Add the following: All plant material shall be guaranteed to live and grow for a period of ninety (90) working days from the date of final acceptance of the contract work unless decline of the plant material is specifically attributable to causes unrelated to installation, plant material quality, and the Contractor's maintenance practices. Any plant material found to be dead, missing, or in poor condition during the Maintenance and Establishment Period, shall be replaced immediately at the Contractor's expense. The Engineer shall be the sole judge as to the condition of the material. Replacement shall be made to the same specifications required for the original plantings. During the Guarantee Period, should the Contractor fail to expeditiously replace dead plant material upon written notification by the Engineer, the City shall cause the work to be corrected and bill the actual costs incurred to the Contractor. The Contractor, without expense to the City, shall adjust all irrigation heads to their appropriate operational heights, shall adjust and clean all irrigation heads so that the planting areas are properly covered as intended by the irrigation plan and they shall be adjusted so as to prevent excessive overflow into the adjacent street right -of -way. SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.6 Preparation of Existing Surfaces. Modify and amend this section to read: 'The Contractor shall remove all existing thermoplastic traffic striping and • 0 SP 47 of 54 pavement markings prior to application of slurry seal by a method approved by the Engineer." 310 -5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: "The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 112 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 310 -5.6.8 Application of Paint. Add to this section: "Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.45 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re- install "NO PARKING, TOW- AWAY" signs and re- notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes /covers /damages existing striping and /or raised pavement markers outside of the work area, he shall re- stripe /replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City. Add the following subsection: 310 - 5.6.11 Existing /Conflicting Traffic Stripes and Pavement Markings to be Removed. Existing traffic stripes and pavement markings to be removed or conflicting traffic stripes and pavements markings that are no longer applicable shall be removed by grinding, unless written approval from the Engineer is acquired for an alternate method prior to mobilization of removal operation. • • SP 48 of 54 During the removal process, the Contractor shall not damage the existing pavement. The Contractor shall apply a Type I emulsion aggregate slurry to existing pavement that was "scarred" or otherwise damaged due to the removal process, prior to the application of the new thermoplastic/paint materials at the discretion of the engineer. Existing surfacing which is to receive the thermoplastic/paint material shall be mechanically wire brushed to remove all dirt and contaminants. Residue resulting from removal operations shall be removed from pavement surfaces by sweeping or vacuuming before the residue is blown by the action of traffic or wind, migrates access lanes or shoulders, or enters into drainage facilities. Existing andlor conflicting striping and markings to be removed shall be removed prior to the application of new materials. In no case shall any section of a City street be left without the proper striping for vehicular channelization or pedestrian safety, more than 24 hours, or over weekends or holidays. In the event final striping cannot be applied immediately after the removal process, temporary striping (paint only) shall be required. Temporary reflective markers may be utilized if prior written approval is granted by the Engineer. Contractor shall maintain all temporary applications prior to the final striping and markings being applied. SECTION 312 - -- PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT. Delete the entire Section 312 and replace with Sections 85 -1.06, "Placement," and 85- 1.09, `Payment' of the State of California Department of Transportation (Caltrans) Standard Specifications. 85 -1.06 Placement. Add the following: The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD - 902 -L. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry." The solid 4" white lines at intersections shall have a marker installed at each end. These markers shall be placed on the line. Markers shall not be installed on bike lane striping. 85 -1.09 Payment. Replace the entire subsection with the following: Payment shall be per Section 9 -3, 'Payment', Traffic Item numbers 2, 35, & 36, of these Specifications rl L Insert the following Section: SECTION 313 — SIGNAGE • SP 49 of 54 All new and relocated signs shall be installed and located in accordance with State of California Department of Transportation (Caltrans) Standard Plan RS1 and manufacturer requirements and these Special Provisions. Roadside signs shall be installed at the locations shown on the Plans or where directed by the Engineer. Traffic sign base metal shall be new aluminum, .063 gauge aluminum (5052 -H38) for signs up to 48 ". Signs over 48" shall be .080 gauge aluminum conforming to the requirements of ASTM Designation: 8209. Traffic signs shall be mounted on a "Quick Punch Post" 2" X 2" (14 GA.) Unistrut Quick Punch with 7/16" holes, 1" on centers, on four sides that can be punched out. Lengths shall be 4', 10', and 12' respectively. Traffic sign post anchor shall be a heavy duty one piece, 2 1/2 " X 30" X 6 gauge, (non - perforated), to fit a 2" square steel post, pre - punched at mid -point of anchor with one 7116" hole on each side, and at top. Reflectivity of all signs, unless otherwise specified, shall be FHWA FP -85 Type IIA or AASHTO M268 Type III. The reflective material and screening inks or overlay film shall be graffiti proof. Neither the color nor the reflective intensity of the unfinished sign shall be diminished by the use of graffiti remover when used in a manner approved by the sheeting manufacturer. All sign faces shall be 6500 Series Prismatic material with OL- 1000 graffiti film. With the exception of stop signs, stop ahead, and signal ahead, which shall be Diamond grade V. I. P. Type 9 with 1160a graffiti film. Installation Specifications Signs to post: Signs up to 18" shall be mounted to the post with Drive Rivets and a flat washer. Signs 24" x 24" or larger shall be mounted to the post with a 3" x 5/16" Hex Bolt, nut and a 1 1/2" flat washer at the top of the sign. At the bottom of the sign, a Drive Rivet and flat washer shall be applied. Signs over 30" wide or more shall have a back brace installed. Posts to Anchor: Posts shall be in anchor, eight holes deep with 3" x 5/16" Hex Bolt, nut and one Drive Rivet on either side. 56 -2.03 CONSTRUCTION Delete the third and eleventh paragraphs. 56 -2.05 MEASUREMENT Delete the entire subsection. 56 -2.06 PAYMENT Replace the entire subsection with the following: 0 • SP 50 of 54 Payment shall be per Section 9 -3, "Payment ", Traffic Item numbers 2, 35, & 36, of these Specifications Insert the following Section: SECTION 314 — PRIVATE ELECTRICAL 314 -1 GENERAL The Contractor shall verify all dimensions from the detailed drawings and approved shop drawings and shall coordinate these dimensions with the actual field conditions. Actual distances, locations, and elevations will be governed by the actual field conditions. Allowance has been made in the design for the number of conduits, cables and conductors that the Engineer considers adequate for feeding various drives and equipment. These circuits and diagrams are based on available data pertaining to a particular design of equipment and portray the systems that the Engineer has chosen to effect the required operation and level of control. Equipment provided by the Contractor (even though of the make and model specified) may differ in detail, arrangement, connections or form from that shown. The plans do not, and are not intended to, show all equipment, such as pull boxes, junction boxes, etc. required nor to indicate all mechanical or structural difficulties that may be encountered that would necessitate routing alteration, offsets, or fittings. Items not specifically mentioned in these Specifications or noted on the plans or approved shop drawings, but which are obviously necessary to make a complete working installation, shall be deemed to be included herein. Discrepancies shown on the different plans, between the plans and actual field conditions, or between the plans and specifications shall be promptly brought to the attention of the Engineer for a decision. Electrical conductors including cable, bus bars, etc. shall be copper, except where specified otherwise. All the equipment and materials shall conform to the latest revision of the following standards: 1. State of California Administrative Code, Title 8, Electrical Safety Orders 2. American National Standards Institute (ANSI) 3. Institute of Electrical and Electronic Engineers (IEEE) 4. National Electrical Manufacturers Association (NEMA) 5. Underwriters' Laboratories (UL) 6. Insulated Power Cable Engineers Association (IPCEA) • . SP 51 of 54 7. American Society for Testing and Materials (ASTM) 8. National Electrical Code (NEC) Where the plans or these Specifications call for equipment and workmanship to be of better quality or higher standard than required by the above codes, standards, rules, and regulations, then said plans and Specifications shall prevail. Nothing on the plans or in these Specifications shall be construed to permit work in violation of the above codes, standards, rules, and regulations and the Contractor shall be held responsible for any work that is not acceptable. In case of differences between the building codes, specifications, state law, local ordinances, industry standards, utility company regulations, fire insurance carrier's requirements, and the contract documents, the most stringent shall govern. The Contractor shall promptly notify the Engineer in writing of such differences. 314 -1.1 COORDINATION OF WORK A. Electrical work shall conform to the construction schedule. B. Before any work is started, the Contractor shall verify with the equipment manufacturers that equipment dimensions and arrangements will allow for equipment installation in the spaces provided for on the plans for meter pedestal and other major items of electrical equipment or apparatus and that the installation indicated will provide for all required ventilation, clearances, access, and work space. C. Before installing any equipment, materials, or raceways, the Contractor shall examine the complete set of plans and Specifications and approved shop drawings and verify all dimensions and space requirements. All equipment utilized as "approved equal" to the specified manufacturers' reference shall be Contractor - coordinated in all aspects for the assurance of proper space, mounting, installation, testing and related operation. D. Tree lighting fixtures, FWXA series model #FWXA -5 -1 -1 P13- 2- P3 -CSA 1 Lamp Industrial Fixture as shown in the plans, shall be supplied by the Pelican Heights Homeowner Association and delivery coordinated by the Engineer. The Contractor shall document light fixture conditions prior to accepting ownership for installation. If the Contractor damages the fixtures from the original accepted condition, the Contractor shall replace, in kind, at his own expense. 314 -1.2 ELECTRICAL SUBMITTALS. Submittals shall be provided for conduit, wiring, pullboxes, lighting systems and other major equipment or apparatus. 314 -2 GROUNDING A grounding system shall be installed in accordance with the National Electrical Code and all state and local codes and regulations. The grounding system shall bond together and effectively ground all exposed non - energized metal surfaces containing • ` 5P 52 of 54 energized parts, devices or conductors, all building steel, all metallic electrical raceways and the neutrals of all transformers. An equipment grounding conductor shall be installed in all conduit carrying power to be sized in accordance with NEC, article 250- 122. 314 -3 ELECTRICAL TESTING The Contractor shall perform and record the tests described hereinafter and any other tests that may be required by the Engineer or other authorities having jurisdiction. The entire electrical installation shall be tested, adjustments made, and defects corrected as an obligation under the work of this section. The Contractor shall furnish all necessary replacement parts and labor necessary due to damage resulting from damaged equipment or from test and correction of faulty installation. The following testing, as a minimum, shall be accomplished: Insulation resistance tests Continuity test of all wiring Test for proper grounding Test for short circuits in system Test for all fixture connections Complete operational test on all equipment 314 -3.1 VERIFY FIELD PERFORMANCE Verify Field Performance and operation of electrical system utilizing the approved testing procedure. The Contractor shall test all power and control feeder circuits in the presence of the Engineer by means of a 1,000 -volt megohmeter to ensure that they are free of open circuits and grounds before energizing. After each electrical installation is complete, it shall be tested thoroughly to demonstrate that the entire system is in proper working order and in accordance with the plans and specifications. In no case shall the tests be less than those outlined hereinafter. At the completion of the work, all lighting fixture reflectors, globes, lenses and diffusers that appear noticeably dirty shall be cleaned and all burned out lamps shall be replaced. 314 -4 WIRE Wire shall be single conductor insulated wire with insulation voltage rating of 600 volts. Conductors shall have thermoplastic, solid color thermosetting, polyvinyl chloride insulation with nylon jacket. The insulated conductors shall conform to Underwriter's Laboratories standards and NFPA 70 for type THHN/THWN. The overall jacket for a • • SP 53 of 54 multi- conductor cable shall be polyvinyl chloride. All conductors shall be soft -drawn copper, 97 percent conductivity minimum. Route wire and cable to meet project conditions. Install wire and cable in accordance with NECA "Standard of Installation." Neatly train and lace wiring inside boxes, equipment, and panelboards. Identify and color code wire and cable. Identify each conductor with its circuit number or other designation indicated. Pull conductors into raceway at same time. Install wire 3 AWG and larger with pulling equipment with tension monitored. Wire lubricants shall be UL approved. Clean conductor surfaces before installing lugs and connectors. Make splices, taps, and terminations to carry full ampacity of conductors with no perceptible temperature rise. Wires and cables shall be continuous without splices between terminals, except where otherwise specifically approved by the Engineer. All splices shall be made in an approved manner. Mechanical connectors and terminal devices shall be the soldered - type, or the compression -type that is indented or crimped on to the conductor. Wire and cable shall be factory color coded by integral pigmentation with a separate color for each phase and neutral. On conductors larger than No. 8, AWG color tape or colored plastic bands will be permitted. Each system shall be color coded and shall have it maintained throughout. Phase 120/240 1201208 2771480 Volts Control Wires DC Conductors A Black Black Brown Purple Blue B Red Red Orange C NIA Blue Gray Neutral White White White Ground Green Green Green CONDUITS Conduits shall be sized as noted on the plans. Where conduit sizes are not shown, they shall be one size larger than required by NEC. All wiring, except as specifically noted, shall be in conduit. All conduit shall be PVC, Schedule 40 conforming to NEMA TC -2, unless otherwise noted. PVC conduit shall have PVC coated rigid steel risers. 314 -6 PULL BOXES Pullboxes shall be precast type designed and manufactured for heavy traffic loading with heavy duty, hot dipped galvanized steel, traffic type covers. All pullboxes shall have bolt -down covers complete with fiber gaskets for a weather -tight fit. All joints between precast sections shall be sealed. Box covers shall be permanently identified with "ELECTRICAL" designation. C, J 314 -7 METER PEDESTAL • SP 54 of 54 Meter pedestal with electrical ratings and configurations as indicated on the drawings. Center assembly shall be provided with factory installed 600 volt rated copper wiring. Provide GFI receptacle as indicated on the Plans. Individual components interwired in the field shall not be acceptable. Voltage: 120/240V, 1 phase, 3W. Amperage shall be as indicated on the Drawings. Load center shall have 12 circuits copper bussed interior. Main circuit breaker shall be provided with rating as noted on the panel schedule on the Drawings. Enclosure: Rainproof - NEMA Type 4X stainless steel enclosure, 12 gauge corrosion - resistant zinc - coated steel construction. Hood and covers 14 gauge. Provide vandal - resistant hinged door and dead front PART 4 SECTION 400- -- ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General 400 -2.1.1 Requirements. Add to this section: "The Contractor shall use crushed aggregate base as the base materials meeting section 200 -2.2." F:1Users \PBW\Shared \Contracts \FY 08-09 \Newport Coast - Pelican Hill Drive C- 3945 \SPECS C- 3945.doc Last saved S08/05/2008 4:17 PM CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 14 September 9, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Iris Lee, Senior Civil Engineer 949 -644 -3323 or ilee @city.newport- beach.ca.us SUBJECT: PELICAN HILL ROAD NORTH & NEWPORT COAST DRIVE SOUTHBOUND RIGHT -TURN IMPROVEMENTS - Award of Contract No. 3945 Recommendations: 1. Approve the project drawings and specifications. 2. Award Contract No. 3945 to GMC Engineering, Inc. for the Total Bid Price of $318,293.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $32,000 ( -10 %) to cover the cost of unforeseen work. Discussion: At 10:00 a.m. on August 28, 2008 the City Clerk opened and read the following nine bids for this project: TOTAL BID AMOUNT $318,318.00 $341,141.76 ** $373,872.40 $384,678.50 $408,515.00 $414,192.00 * ** $448,448.00 $457,878.00 $470,300.00 * Corrected Bid Amount is $318,293.00 ** Corrected Bid Amount is $341,201.76 * ** Corrected Bid Amount is $415,192.00 BIDDER Low GMC Engineering 2 Hillcrest Contracting 3 Alliance Streetwork 4 Palp, Inc. 5 GCI Construction 6 Powell 7 EBS, Inc. 8 4 -Con Engineering 9 Beador Construction TOTAL BID AMOUNT $318,318.00 $341,141.76 ** $373,872.40 $384,678.50 $408,515.00 $414,192.00 * ** $448,448.00 $457,878.00 $470,300.00 * Corrected Bid Amount is $318,293.00 ** Corrected Bid Amount is $341,201.76 * ** Corrected Bid Amount is $415,192.00 Pelican Hill Roat& Newport Coast Drive Southbound Right -Turn Impements —Award of Contract No. 3945 September 9, 2008 Page: 2 The low corrected total bid amount is 31 percent lower than the Engineer's Estimate of $463,260.00. The disparity between the estimate and the actual bid prices may reflect the current volatility of the economy and the custom items that are required as part of this contract. The low bidder, GMC Engineering (GMC), possesses a California state Contractors License Classification "A" as required by the project specification. Previous City contracts have been awarded to GMC, where work was completed on a satisfactory level. In addition, a check of GMC's references indicates satisfactory completion of similar projects in other public agencies. The project is located at the northwest comer of the intersection at Newport Coast Drive and Pelican Hill Road North. This project includes roadway reconstruction, curb & gutter, storm drain, sidewalk, curb access ramps, traffic signal system modification, median construction, retaining wall, landscaping and irrigation. Pursuant to the Contract Specifications, the Contractor will have 60 consecutive working days to complete the work, with the exception of the traffic signal pole installation in which the Contractor has an additional ten (10) consecutive working days to complete the work after the traffic signal poles have been accepted by the City. Environmental Review: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines. This exemption covers the minor alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work, City - prepared notices will be distributed by the Contractor to residents within the project vicinity. Funding Availability: Sufficient funds will be available in the following accounts for the project. Account Description Account Number Amount Newport Coast Drive at Pelican Hill 7181- C5200974 $ 366,093.00 Road North Total: $ 366,093.00 6 0 Pelican Hill Road N. & Newport Coast Drive Southbound Right -Turn Improvements —Award of Contract No. 3945 September 9, 2008 Page: 3 Proposed uses are as follows: Vendor Purpose Amount GMC Engineering Construction Contract $ 318,293.00 GMC Engineering Construction Contingency $ 32,000.00 On -Call Consultant Materials Testing $ 15,000.00 Various Printing and Incidentals $ 800.00 Total: $ 366,093.00 Prepared by: Submitte y' re dum �7 nior Civil Engineer Director Attachments: Project Location Map CITY OF COSTA. MESA 17 15TH by �Aa � n JOHN WAYNE AIRPORT 44 k. t CITY OF IRVINE P �j\ERSITY \ o. SAN 0 PROJECT JOAQUIN o LOCATION HILLS �i zI NEWPORT BEACH f PROJECT LOCATIOI