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C-4072 - 08-09 Sidewalk, Curb, & Gutter Replacement Program
RECORDING REQUESTED'E'�A1 VED WHEN RECORDED RETURN TO: 20 DEC -8 M 9-- 44 City Clerk City of Newport Beach OFFICE OF 3300 Newport Boulevard D E CCLERK Newport Beach, CA 9266 Recorded in Official Records, Orange County Tom Dal , Clerk Recorder INM�NIMIMGIIIIIIIIIIIIMNMWIIIIIIINIIM NO FEE 2009000637485 8:34 am 11/25/09 3741sN12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Grigolla & Sons Construction Co., of Azusa, California, as Contractor, entered into a Contract on March 10, 2009. Said Contract set forth certain improvements, as follows: 2008-2009 Sidewalk Curb & Gutter Replacement Program (C-4072) Work on said Contract was completed, and was found to be acceptable on November 10. 2009, by the City Council. Title to said property is vested in tea Ownef, and the Surety for said Contract is International Fidelity Insurance Company Works Director Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on 1 "���� dUa� at Newport Beach, California. BY City Clerl Ok B CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 9 November 10, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen Luy, Associate Civil Engineer 949 - 644 -3330 or sluy @newportbeachca.gov SUBJECT: 2008 -2009 SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4072 Recommendations: 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. 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. 3. Release the Faithful Performance Bond 1 year after Council acceptance. Discussion: On January 27, 2009 the City Council authorized the award of the 2008 -2009 Sidewalk, Curb & Gutter Replacement Program to Grigolla & Sons Construction Company. The Contract consisted of removing existing sidewalk, curb and gutter, driveway approaches, access ramps, medians, root removal /pruning, constructing new sidewalk, curb and gutter, driveway approaches, access ramps, medians, and installing new tree root barriers per City standards at various locations in Corona Del Mar, Cameo Shores, Newport Coast and Santa Ana Heights. 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: $554,145.50 Actual amount of bid items constructed: $537,583.20 Total amount of change orders: $18,416.28 Final contract cost: $555,999.48 The final overall construction cost including three Change Orders was less than one -half percent (.3 %) over the original bid amount. Although all planned locations were completed, it was determined that fewer electrical pull boxes and covers needed to be replaced. In addition some sidewalk areas should have been noted as driveway approach areas and additional curb access ramps were installed. 08 -09 Sidewalk, Curb & Gutter Replacement Program - Completion and Acceptance of Contract No. 4072 November 10, 2009 Page 2 The project also had three change orders totaling $18,416.28 as follows: Change Order Description Amount 1 Additional cross gutter and AC paving in Cameo Shores. $6,345.80 2 Additional cross gutter & grading at Kline & Industry. $9,960.00 3 Additional costs for added strength concrete. $2,110.48 Total Project Change Orders $18,416.28 A summary of the project schedule is as follows: Estimated completion date per June 2008 schedule: August 21, 2009 Project Awarded for construction: January 29,2009 Estimated completion date at Award: August 28, 2009 Actual substantial construction completion date: August 28, 2009 All work was substantially completed by August 28, on time with the scheduled completion date of August 28, 2009. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 (Replacement or Reconstruction) of the CEQA Implementation Guidelines. This Exemption covers the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the .same purpose and capacity as the structure replaced. Funding Availability: In addition to the primary construction contract, this project involved other project expenses. Total project expenses are summarized as follows: Construction: $555,999.48 Printing and Incidentals: 358.32 Inspection: 3.420.00 Total Project Cost: $559,777.80 Funds for the construction contract were expended from the following account: Account Description Account Number Amount General Fund 7013- C2001009 $559,999.48 Total: $559,999.48 Subm Stephen Luy 'Ste e adum Associate Civil En_ neer ublic rks Director CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 11:00 A.M. on the 8th day of January, 2009, at which time such bids shall be opened and read for 2008 -2009 SIDEWALK. CURB & GUTTER REPLACEMENT PROGRAM Title of Project Contract No. 4072 $666,000.00 Engineer's Estimate t6n G. Badum Works Director Prospective biddeirs may obtain one set of bid documents for $10.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: "A or C -8" For further information, call Stephen Luy, Project Manager at (949) 644- 3330 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: htto://www.city.newi)ort-beach.ca.0 s CLICK: e- onlineservices /e- bidPublicWorks CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2008 -2009 SIDEWALK. CURB & GUTTER REPLACEMENT PROGRAM Contract No. 4072 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ........................................................ .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER ............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 z CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2008 -2009 SIDEWALK. CURB & GUTTER REPLACEMENT PROGRAM Contract No. 4072 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: 'INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of.money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770 -7981 inclusive). A copy of the prevailing wage rates shall be posted at the job site. 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. ,cp-f y13p— AL Contractor's License No. & Classification Bidder-' Authorized Sign r itle Date .4 Bond No. IF -668 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2008 -2009 SIDEWALK. CURB & GUTTER REPLACEMENT PROGRAM Contract No. 4072 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executers, 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 Amount Bid Dollars ($,0% of Amount Bid), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of 2008- 2009 SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM, Contact No. 4072 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 Contact 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 data of the mailing of °Notification of Award", otherwise this obligation shall become null and void, If the undersigned Principal wwcuting this Bond is axecutirig this Bond as an individual, it is agreed that the death of any such Principal shag not exonerate the Surety from its obligations under this Bond. Witness our hands this 7th & Grigolla & Sons Construction Co., Inc. Name of Contractor (Principal) International Fidelity Insurance Compa Name of Surety 13400 Sabre Springs Parkway, Suite 270 San Diego, CA 92128 Address of Surety 800 -3j6 -1533 Telephone Daniel Ruckabay, Attorney -in -Fact Print Name and Tltte (Notary acknowledgment of Principal & Surety must'be attached) ACKNOWLEDGMENT • wwwww•• wwwswww• www• w awwwwwwwwawwwwwwwwwwrw.twwru.w• wwwwww www•••wwwwwwww w•wawr� State of California County Of Orange as. On 1/7/09 before me, Arturo Ayala Notary Public, personally appeared Daniel Huckabay proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/era subscribed to the within instrument and acknowledged to me that he/shelthey executed the same In his /hethheir authorized capacity(ies), and that by his/herRheir slgnatures(s) on the instrument the person(s), or the entity, upon behalf of which the person(s) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foragoing paragraph is true and correct WITNESS my hand and official seal. ARTURO AYALA COMM. #1636649-N Gyj NOTARY PUBLIC - CALIFORNIA k ORANGE COUNTY ►+ MY COMM. EV. JAN. 10. 2010 tvft0 •w�www wwwwwwwwww.www••ww uw•v wwwwwwwwwwwwwwwwwwww.wwww.w.w•• vw• a•wwwwwwwwuw.. Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORWATM 1/7/09 Bid Bond One Type of Satisfactory Evidence: Personally Known with Paper identification _ Paper Identification T Credible Witnesses) Capacity of SIgner. Trustee X Paver of Attorney CEOICFO /COO President / Vtoe- President! Secretary / Treasurer Other, Other Information: 0 Thumbprint of Signer ChwAtwerf neftmbprint orffrwprint Is aual". .Tel.(973) 624 -7200 ?OWER OF ATTORNEY* Bond No. IF -668 INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102 -5207 FOR BID BONDIMERICONSENT91AFFIDAVITS KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint RALPH EIDEN, JR., ARTURO AYALA, Orange, CA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . its true and laMul anomey(s) -in -fact to execute, seal and deliver for and on ita behalf as surety, any and all bonds and undertakings, contracts of other writings obligatory in the nsWre thereof, which are or may be allowed, required or ermined by law. Stamm, rule regguulathin commit or the execution of such uuwment(s) in Pursuance of Were presena, shall be as binding upon the said IJTERNATIONAL FIDELTIY COMPANY, as fully and amply, m all immis and purposes, as if the same had been duly executed and acknowledged by its regularly elect= principal office. This Power of Amo is executed and ma be revoked, pursuant to and by authority of Article 3-Section 3, of the %Laws adopted by the hoard of Directors of INW&mA %ONe FDiELITY INSURANCE COMPANY at a meeting called and held on the 7th day of Pebmary, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appohtt Attomeys in -fact, and to authorize them to execute on behalf of We Company, and attach the Seal of the Company drerem, bonds and underrt� kiln, 99, contracts of Indemnity and otter writings obligatory in the nature thereof and, (2) To remove, at any time, my such attimey4n -fact and revoke the authority given. Further this Power of Atomey is si d and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly caged and held on the 29th day ofArrg, 1982 of which the following is a true excerpt: Now tbemfore the signatures of such officers and the seal of the Company may be affixed to any, such power of attorney or any certificate relating thereto by facsimile, and any such power of, attorney or certificate bearing such facsimile signatures or facsi rdle seal shall be valid and bindmg upon the Company and my such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company In the future with respect to my bond or undertaking to which it is attached. 'D IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal m be affixed by its authorized officer, this 16th day of October, A.D. 2007. r" INTERNATIONAL FIDELITY INSURANCE COMPANY 1904 STATE OF NEW JERSEY County of Essex Secretary On this 16th day of October 2007, before me came the individual who executed the preceding instrument ro me ppeurasnamally known, nod, being by me duly sworn, said the he to We therein described and authorized officer of the INTERNATIONAL FIDELITY flNSURANCE COMPANY; that the seal affixed to said Instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. /��jIRH(j�� IN TESTIMONY WHEREOF, I have heremto set my hand affixed my Official Seal, I at the City of Newark, New Jersey the day and year first above written. 3 NOTARY L PUBLIC A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov. 21, 2010 1, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the COPY of the Section of the By -Laws of said Company as set forth in said Power of Attorney. with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that We same are correct transcripts thereof, and of the whale of the sad originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this 7th day of January, 2009 � rA Assistant Secretary ACKNOWLEDGMENT uwwuwawraa ww awrautrwsauurr a uaaa a r a rw a r r ar aararawwraawrwsawu rawa as Mrw�ar, State of California County of )as_ On $ oag before me, t�PV -)r— �CT� S _ . Notary Public, personally bbpeared proved to me on the basis of satisfactory evidence to be the person($) whose name(*) ishve- subscribed to the within instrument and acknowledged to me that he!sftey executed the same In hlsfdnerfttheir authorized capacfty(ies), and that by hislgefApelr signatures(#) on the instrument the person(#), or the entity upon behalf of which the person(p acted, executed the instrument I 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. �`� HOLENE STURGES 1 ComMsslon # 1667780 6,MyComm,ExptresJun14,2010r Notary Public - CollfoTrlla Los Angeles County (seal) •era awaaaa rrarwwasawwaraYr area • raarwrrrrraaaraawa laaawawrar ••f••r • ww rwrffaawa ll 0M NyAL)WPORMATM Date of Document Type or r a of Document Number of Pages In Document Document in a Poretgn Language Type of Satisfactory Evidence: Personally Known with Paper identification Paper Identification _ Credible Witness(es) Capacity of Signer, _ Trustee Powerof k1orney CEO I CFO I COO President 1 Vu;e President I Secretary I Treasurer Other: Other Information: Thumbprint of Signer p Caecktweir rro Uumbpnnt ar Bnge print Is avNillift Best's Rating Center - Com (9 y Information for International Fid0 Insurance ... Page 1 of 1 Center New Ratings: Financial Strength Issuer Credit Securities Advanced Search Industry Research Ratings Definitions International Fidelity Insurance Company Search Best's Rstin�l A.M.Ehi OWN NAICM 11592 FEIN#. 2211miusO Press Releases I Address: One Newark Center, 201b Floor Phone: 971624 7200 Newark, NJ 07102 Fax: 973 - 643.7116 Web: www.dlo.com Related Products 0 Industry 8 Regional Beers Ratings Country Risk Structured Finance Financial Strength Ratings View Definitions Rating: A- (Excellent) How to Get Rated Financial Size Category: VII ($50 Million to $100 Million) Outlook: Stable Action: Affirmed Contact an Analyst I Effective Date: May 20, 2008 omer wee Carl— FF ,c wp�e a�,p^ee ie co,npenies �Apms.e 7 OpcW BXtO adl,rac to meet trier Ongang Od�galam to WoMOl4ers Issuer Credit Ratings View Definitions Long-Term. a- Outlook. Stable Admm Affirmed Gets: May 20, 2008 ' Denotes Under Review Ratings. See rating definitions. Reports and News Vrsit our N.ROOm for the.lalesl news and press releases for this company and its A M. Besl Group ._.,� AMB Credit Report - Insurance Professional (Unabridged) (formerly known as Best's Company Report) . includes Beers Fin: abonale along with comprehensive analytical commentary, detailed business overview and key financial data, Report Revision Date: 0&'302008 (represents the latest significant change) Historical Reports are available in AMB Credit Report - Insurance Professional (Vmabndged) Archive Best's Executive Summary Reports (Financial Overview) - available in Ince versions. these presentation style reports feature balance s key financial performance tests including profitability. Lquid,ty and reserve analysis Data Status: 2008 Bast's Statement Fite - PIC. US Contains data compiled as of 1212712008 (Quality Cross Checked) It Single Compalry -five years of financial data specifically on 8ns company It Comparison . side -by -sloe financial analysis of this company with a peer group of up to live other companies you select a Composite - evatuale mis company's financials against a peer group composite Report displays nom the average and total composite, group. Able Credit Report - Business Professional - provides Irma years of key financial data presented with coludul charts and tables Each rE fF _: latest Best's Ratings. Being Rationale and an excerpt from our Business Review commentary ? ✓: "' Data Status: Contains data compiled as of 1212712008 (Quality Cross Checked) Best's Key Rating Guide Presentation Report intrudes Beers Financial Strength Rating and financial data as provided m Bast's Key Be Beta Status: 2007 Financial Data (Quality Cross Checked) x� Financial and Analytical Products Best's Properly/Casually Center Premium Data & Reports Best's Key Rating Guide - PIC, US & Canada Best's Statement File - PIC, US Best's Statement File Global Best's Insurance Reports - PIC, US & Canada Best's State Line - PIC. US Best's Insurance Expense Exhibit (IEE) -.PIC, US Best's Schedule F (Reinsurance) - PIC, US Best's Schedule D (Mannipal Bonds) - US Best's Schedule D (Common Stocks) US Bears Schedule P (Loss Reserves) - PIC, US Best's Schedule D (Corporate Bonds) - US Customer Service I Product Support I Member Center I Contact Into I Careers About A.M. Best I Site Map I Pnvacy Policy I Security I Terms of Use I Legal & Licensing Copyright M 2009 AM Besl Company. Ina All nghM reserved. AM Best Woddu M Headquarters. Ambesl Rm .Oldwck. New Jersey, 08050. U.S.A, http: / /www3. ambest. com / ratings /FullProfile.asp ?BI =O&AM BNum= 520 &AItSrc =1... 01/09/2009 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2008 -2009 SIDEWALK. CURB & GUTTER REPLACEMENT PROGRAM Contract No. 4072 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 SRecifications 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) Subcontractors Information Bid Item Description of Work % of Number Total Bid Name: j'r m.Srft (L &y 'l nee r; G� Address: -�k A*,, C. , 'f A.I ) 3 3 3� Phone: (_'71Lkl 44h -60 State License Number. Name:jtJ�.nc.e nn G / 1 4 Address: 57 3�. M• �1�Je c..orSr p r. # � Phone: C7tLk— 0,L{0-43'b0 State License Number. LAS 4 7 4 Zj Name: Address: Phone: State License Number: Bidber uthorize Ign re ' e 8 — - - — ---- - ------- CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2008 -2009 SIDEWALK CURB 8t GUTTER REPLACEMENT PROGRAM Contract No. 4072 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. r 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 Project Description Approximate Construction Dates: From Agency Name Contact Person b.Av%+nh ( Telephone I vv%, (Ii sv% Original Contract Amount $ , Final Contract Amount $ � 1 $ KA. r R t' 64n If final amount is L orders, eAR vRrk, 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. +�Sr yv }Cram c� No. 2 Project Name / Numbe Project Description Approximate Construction Dates: From I Q� To: Z 1 Agency Name tr f wS C"5 AMC, Contact Person Telephone (551) Original Contract Amount $�—PO. Final Contract Amount $ $ 3� a If final amount is please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name /Number Project Description Approximate Construction Dates: From Agency Name l i ^yo `DejAgOt V 5`if L. d- / Jaia,- Contact Person �. v\ I �r rk) Telephone o� Original Contract Amount $? j ©�� If final pmpun�As 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- 10 S 11 No. 4 Project Name/Number �gy� C. 'b z5 "'w r e Project Description -Nc / I v�g c Approximate Construction Dates: From Agency Name Contact Person Original Contract Amount $i Telephone() 6't3- 7a`h�i o� Contract Amount $ I 'do �© If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. !J No. 5 Project Name /Number Project Description Net- Approximate Construction Dates: From -7 /( /n(9 Agency Name `U� -44 `pcA/%c v( 1)i5"�p c cs / Ie.f'I Contact Person k fbc� Pp� � Telephone (56;) Original Contract Amount $ ;�D !00 Final Contract Amount $ ff final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. M 11 L: No. 66 W ate_ Project Name/Number r�� v Project Description k4� �60. t ¢ t oLlt u ^^ 5 a ) Approximate Construction Dates: From i I D? To: I 0 Contact Person -V\ Telephone (%-;) G5 3= 7c7��7 o � — Original Contract Amount $ 3; ° Final Contract Amount $ If &r�l,fmpupt is different from explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Biddee 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2008 -2009 SIDEWALK CURB & GUTTER REPLACEMENT PROGRAM Contract No. 4072 NON - COLLUSION AFFIDAVIT State of California } ) ss County of I'll ) t`7w is 0 U r ; a I I ti , being first duly $$worn depgses pnd says that he or she is Sec.re,� >rti of nr; �ml�w�SCa�s ��•.L�Lthe party making the foregoing bid; that the bid is not made in the interest ofor 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 o late Calif i hat the foregoing is true and correct. �r, "q l�a.$5�.s CovrSL. co.i3� SeE re �� Bidder huthorized SigrN ur nle Subscribed and sworn to (or affirmed) before me on this 4A� day of 2009 by personally known to me or proved to me on the basis of satisfactory evidence to "13e the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. NOLENE STURGES Notary Public S Commission # 1667760 [SEAL) g -� Notary Pume - ccuornla ' Los Angeles county - M Commission Expires: ao10 — Comm. Expires Jun 14, 2070 Y p 13 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2008 -2009 SIDEWALK. CURB & GUTTER REPLACEMENT PROGRAM Contract No. 4072 DESIGNATION OF SURETIES Bidders name #-; �m � 1 - W 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). (o� 14 ........ CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2008 -2009 SIDEWALK. CURB & GUTTER REPLACEMENT PROGRAM Contract No. 4072 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name C31 r Record Last Five (5) Full Years Current Year of Record The tnrormatton 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. 0 15 Current Record Record Record Record Record Year of for for for for for Record 2008 2007 2006 2005 2004 Total 2009 No. of contracts i I q Total dollar Amount of Contracts (in Thousands of $ I No. of fatalities I' � l No. of lost Workday Cases y '3 No. of lost workday cases involving permanent transfer to another job or termination of employment The tnrormatton 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. 0 15 • Legal Business Name of Bidder G26; a & J Sows • tom® c.. Business Address D r7,oz Business Tel. No.: State Contractor's License No. and Classification: rp I ?> Title The above information was compiled from the recor s that afe 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 1 - o N Title Q t•e.5 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. 16 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2008 -2009 SIDEWALK CURB & GUTTER REPLACEMENT PROGRAM Contract No. 4072 ACKNOWLEDGEMENT OF ADDENDA Bidders name c,- r- ; a t tip• UJ• �lC� The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature 17 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2008 -2009 SIDEWALK CURB & GUTTER REPLACEMENT PROGRAM Contract No. 4072 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: f Name of individual Contractor, Company or Corporation:C,(-i-,�10. i""� (�P"4 ,cp� is , Business Address: Q •�• I °l Z�^S c� .. �I Telephone and Fax Number: L(oz &)334-� California State Contractor's License No. and Class: 1 ` 13 0�- (REQUIRED AT TIME OF AWARD) Original Date Issued: S, c, 1516c), Expiration Date: -7 /3 110 °t 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: r; The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone c� -r j (1 � /' /^6�6-Ot�- lei -•�7y iC>p oI D Cnrr �mlla c-..I �r� ( L-o -+ (�'a� I t .'�- IWrJ'b�•- �^f�c.wro r�e3R. y'1 �j Pj C". lira( r7. lgri 7(v Corporation organized under the laws of the State of C Al "t�Yo�i a IE: ....... ... .. ....... .... ...... 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: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide. Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for lab ompliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes *J0 Are any claims or actions unresolved or outstanding? Yes f\No) . 19 If yes to any of the above, explain. (Attach additional sheets, if necessary) HE Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. ,1 I Jcy\r� l.��op a✓' i q0I Lti (Print name of OV4ner or President of Corporation /Company) r� a,�,l�G K ��• �� �V>L . Serer- e-t�. � bidder Authorized Sig re itle �r✓re�to, r- �, Title I- s -OS Date On 1) U 6 9 before me, �a1eue, J-tlL_Cc�--e.s , Notary Public, personally appeared �lAV�nezC— n�c�,l)e,.�a�u VbD%rZ. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that geistae /they executed the same in hWher /their authorized capacity(ies), and that by hicWher /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I 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 Public in and for My Commission Expires: 20 (SEAL) CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2008 -2009 SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM Contract No. 4072 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder. • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 21 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2008 -2009 SIDEWALK. CURB & GUTTER REPLACEMENT PROGRAM Contract No. 4072 CONTRACT THIS AGREEMENT, entered into this May of &(Y,2009, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Grigolla and Sons Construction Co., Inc., a California corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: 20092008 -2009 SIDEWALK. CURB & GUTTER REPLACEMENT PROGRAM The majority of the work necessary for the completion of this contract consists of removing existing sidewalk, curb and gutter, driveway approaches, access ramps, medians, root removal /pruning, constructing new PCC sidewalk, curb and gutter, driveway approaches, access ramps, medians, installing new tree root barriers per City standards, and other incidental items of work. 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, Notice to Successful Bidders, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 4072, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents'). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. pal 0 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Five Hundred Fifty -Four Thousand, One Hundred Forty -Five Dollars and Fifty Cents ($554,145.50). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 et seq.). E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Stephen J. Luy, P.E. (949)644-3330 Grigolla & Sons Construction Co., Inc. P.O. Box 949 Azusa, CA 91702 626- 334 -6634 626- 334 -5591 Fax F. INSURANCE Without limiting Contractor's indemnification of City, and rio or to commencement of work. Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. 1. Certificates of Insurance. Contractor shall provide original certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this contract. 24 0 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. 2. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. 3. Acceotabie Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 4. Coverage Requirements. a. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. b. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. c. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. 5. 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. 25 • i 6. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages i. City, its elected or appointed 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 elected or appointed officers, officials, employees, agents or volunteers. ii. Contractor's insurance coverage shalt tie primary<insprance and/or primary sou,Me- of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. Any insurance or self - insurance maintained by City, its officers, officials, employees and ' v - olunteers shall be excess of the .661 Contractor's insurance and shall not con to 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. vi. The insurer shall agree to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. b) 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. Timely Notice of Claims — Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this agreement. 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. 26 • 10 7. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 8. 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. G. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the active negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. H. 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 27 0 performed, and has correlated all relevant observations with the requirements of the Contract Documents. I. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. J. 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. ATTEST: Cl 0 / A N e0ap"O B) CITY CLERK e APPROVED AS TO FORM: GRIGOLLA & SONS CONSTRUCTION RO HA P Assistant City Attor Print Name: T)A -L /, Print Name: T:�I-f1J i Please note: Corporations must complete and sign both places above even if each office is held by the same individual 28 W This bond was issued in four (4) identical counterparts. THI< FINAL PREMIUM !S PRWICATED ON THE FWL CONTRACT PRiCE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 20DO2008 -2009 SIDEWALK CURB & GUTTER REPLACEMENT PROGRAM CONTRACT NOy4072 BOND NO. 0494552 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 9,041.00 being at the rate of $ 16.32 . thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Grigolla and Sons Construction Co, Inc., hereinafter designated as the "Principal", a contract for construction of 20092008.2009 SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM, Contract No. 4072 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, ail of which are Incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 4072 and the terms thereof require the furnishing of ar Bond for the faithful performance of the•Contrect; NOW, THEREFORE, we, the Principal, and International Fidelity Insurance Company duly authorized to transact business under the laws of the State of California as Surely (hereinafter "Surety), are held and rirmly bound unto the City of Newport Beach, in the sum of Five Hundred Fifty -Four Thousand, One Hundred Forty -FNe Dollars and Fifty Cents ($554,14550) lawful money of the United States of America, said sum being equal to i00% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrates, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner !herein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach. its officers, employees and agents, as therein stipulated, then, Surety wili faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 33 W W As a part of the obligation secured hereby, and In addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, Including reasonable attorneys fees, incurred by the City, only in the event the City ps6 required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (t) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an Individual, it is agreed that the death of any such Principal shall not exonerate the Surety from Its obligations under this Bond. IN WITNESS WHEREOF, this Instrument has been Surety above named, on the 19th day of January /1 , Ji r] C' .- 1a.A1 11 Q � Grigolla and Sons Construction Co., Inc. (Principal) International Fidelity insurance Company. Name of Surety 13400 Sabre Springs Parkway, Suite 270 San Diego, CA 92128 Address of Surety 800- 336 -1533 Telephone executed by the Principal and Arturo Ayala, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACKED ki 0 CALIFORNIA •. ACKNOWLEDGMENT v araraz -alp :�iCm'�aY"aL`y: rrraX" ✓f'+� a' a' a a a' � ~a'- °a .ur•y a' bra ei �. STATE OF CALIFORNIA County of Orange On 1/19/09 before me, Daniel Huckabay. Notary Public Date Here Insert Name and Title of the Officer personally appeared Arturo DANIEL HUC:24 . 2 COMM. x179 d• -••,. Notary Public- Ca N ORANGE CO aq, �/Cwrun FPM Ap12 Place Nolary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify un LTY OF PERJURY under the laws of the State of California the foregoing paragraph is true and co ect. Witness my nd and seal. Signature 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: Faithful Performance Bond Document Date: 1/19109 Number of Pages: Two Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signers) Signer's Name: Arturo Ayala ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner— ❑ Limited ❑ General 19 Attorney in Fact El Trustee - ❑ Guardian or Conservator I Top of thumb here ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer — Tftle(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact - ❑ Trustee El Guardian or Conservator Top of thumb here ❑ Other: Signer Is Representing: 02007 Natleael Notary Aseadadon • 9350 De Solo Am, P.O. Box 2402 • Chawwwlh, CA 91313 -2402 • w .Natiw,alNorary.org Hem A5907 Reorder: Cell Tod -Free I-SM- 0766027 0 1] This bond was issued in four (4) identical counterparts. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT THE PiF1AL PR' N4UM IS Fp�tTR,RCT PRICE 20092008 -2009 SIDEWALK CURB & GUTTER REPLACEMENT PROGRAM CONTRACT NO. 4072 BOND NO. 0494552 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Grlgolia and Sons Construction Co., Inc-, hereinafter designated as the °Principal,° a contract for construction of 2009200 8-2009 SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM, Contract No, 4072 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 Contact No. 4072 and the terms thereof require the furnishing of a bond, providing that If Principal or any of Principars subcontractors, shall faii 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, international Fidelity Insurance Company duly authorized to transact business under the laws of the State of Califomia, as Surety, (referred to herein as "Surety') are held firmly bound unto the City of Newport Beach, in the sum of Five Hundred Frfty-Pour Thousand, One Hundred Forty-Fhre Dollars and Fifty Cents ($554,145.50) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs; executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, Implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. PN MW W The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the Carifomia Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 at seq. of the Clvii Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, attentions 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 speciticaiions. 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 obAgations under this Bond. IN WITNESS WHEREOF, this Instrument has been duty executed by the above named Principal and Surety, on the 19th day of January , 2009. vipC-7) r (amfto, Grlgolla and So nsb uctlon Co., Inc. (Principal) international Fidelity Insurance Company Name of Surety 13480 Sabre Springs Parkway, Suite 270 San Diego, CA 92128 Address of Surety 800- 336 -1533 Telephone Authorized Age Lure Arturo Ayala, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SU RETY MUST SE ATTACHED 30 0 0 •- NIA ALL-PURPOSE ACKNOWLEDGMENT w -a .� r'- argyr'yry aY:- �x":�'�a9C.�f �' �Y'� "•'A'g? ^rx�.?`f',v - i :vs �Y'en�,vC'� a>' er➢C'a < �• �r'- ir- vx�b�vr -�Z_ STATE OF CALIFORNIA County of Orange On 1119109 before me, Daniel Huckabav, Notary Public , Date Here Insert Name and Tltle of the fflcer personally appeared Arturo Ayala Name(s) of Signer(s) Place Notary Seal Above 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: Labor and Materials Payment Bond Document Date: 1119/09 Number of Pages: Two Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Arturo Ayala ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner —❑ Limited ❑ General (Y� Attorney in Fact ❑ Trustee • ❑ Guardian or Conservator Tap of thumb here ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s)_ ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02007 National Notary Assodatlon • 9350 De Soto Ave., P.O. Bw 2402 • Chate Wh, CA 91313 -2402 • www.NatlmalNOtary.Org Item 05907 Reorder: Cal Toll -Free t -00D- 070.0027 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/her /their authorized capacity(ies), DANIEL H j COMM. dCNAeAy 01796314 and that by his/her /their signature(s) on the instrument the Not J person(s), or the entity upon behalf of which the person(s) OF? qN� "' alifornia p acted, executed the instrument. MYCamor. E Wre3 qpt 2 Y2g31 LL I certify under PENALTY OF PERJURY under the laws of the State o=an! e foregoing paragraph is true and cor c Witnessrn seal. Place Notary Seal Above 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: Labor and Materials Payment Bond Document Date: 1119/09 Number of Pages: Two Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Arturo Ayala ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner —❑ Limited ❑ General (Y� Attorney in Fact ❑ Trustee • ❑ Guardian or Conservator Tap of thumb here ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s)_ ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02007 National Notary Assodatlon • 9350 De Soto Ave., P.O. Bw 2402 • Chate Wh, CA 91313 -2402 • www.NatlmalNOtary.Org Item 05907 Reorder: Cal Toll -Free t -00D- 070.0027 d R T'e[xi97�.) 64 -12-0U G� ^ An �i(�y�+��yfr 11' '�ji' ,l��lejt.�1 �j.£}��y[i,?(�.£ /� £��s {^� 2 J'a e Ilf�`'iL`!1♦ 11 11 ll f!✓ <a; E a, ii014E oF1 B: QIFE NEWARK`CEIdTERw.26i 3 L170RF. � e a NEWpL14K, NEW JERSLYR0 7102- 207 x '? f 3V0i^�,`.A�LL.MEN;BY ¢8E5 PRMNW. That ERl\A7f0NAL IDE�iT)F1NSU 4Tf C 98 i7�,,� CE COMPANY, a corporx6o t �§ad ea xlau's xtf)1+e 5.gte ofNew..deraey, atBf ha�ing�t�pnnc9psl;dice in tl�e City of Newad Nerdler3e9 does ta:Yehg t e ^at d'aPpOU{ts .,� F AI p E E ?E , J •.AAR�Li$Li YA3 A II IVI$I'fIiIC]WN,Y i.' .:; $, Orange CA. �.... ,mall bOrn'ia'rl undwiY3:Sn�s, eontt 4f indat�ntly_attd tt•4°o'a and lawfdi an4�neYls }hi -fact to uve, seal and deEivec fAr aud.4n ns behalf suietY qM aulNus `. 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" c& u4 authonzedaoffxer t(uv Ike eY d stgna£1 and ns CorPotateseaY t4 be $ifix by r, r; '�y k p „d n '".' i Sj' ERNA` TfONAI:- ,.ItiiiFii7%'IlVS^vn++tf'PF'.*. •tea°' :. F.: S`FA'PEOpNEWIRS$°a" " - r CquntyofFssax . na {a;, a PecediA lninvmcnA'to ran < krw , alb a me Alnly ' Carr du"s• )6th d of pctobOW07, berg r lame thein¢iyi r wha. ezacured t ' �C Ap7y tMi�se fixed a e A NAL: -1'�S' ofd�-o2 ihe'HOard'af.DitCmre of } o said�sa therdtcroht desrsribtd earl #rizad offitr 4f N we dut atRed rr} M sa CtbmpawY <dtat the sa# Goz$4rata�'Sesl and Isu sAaune yattfurhent is Crrpot'ate Seal:4'j .. . ,. 's'uid'EorfYpshy ` x; b £ z" "a IN TfiSfHN4NY'4%HHR i'Y ve ha�eunte5•set my hand affiXed my QfflcAa S If '� ,,�, �' �15t ,� ., . at the y' of Newark Newdersa3"We daX Year flat show 4vretteu 2. v x, e a F T' > ° " A KWAY'PUH QOF NHW xH&$HY . 4 a ��' �l, i%�`'�r9 :s s x p :'Y •s i. a �3+COi}nA!9s5Nrtt�xpi�eS Al4v 31,�2D1SS�, a "• �'- ... r Al'f '`do hereby e�s#ilk jai 5. ye com�psredFdtelfdregokYg - a^ ` • ' ARitgVAI :3FLDH'f.Yli"INSF}YtANLE. Cf)1VTP the ORI6INAiS ON .. ., the uuclersignad ofitcer of II*1`PERN as aetOrdtn ¢a Pow of AtVtriiipx, wills .�> ,Power of A4rpe,aFa2affidevtt .and tlse copy td the "Section df the Sj -Laws of 42tsd Company w pie 4 titte'sasd oii�fta, sad thattttp 8ax1"Priwer: tN THE HOMMEE. QFFiCH OFSA1D COIrg£'kNYt and that ihe'kavitc^ue correct ttatrsc!?pb thereofr aml of Hsan, of Attomey has not been revoked and is now in fuN force and effect z' � 29'[:11 daybfa Saxfm�sY,: x.T .a IN THSPRiA40NY WJ3ERHOFa T have 9sesbssnt�aet my handthis F - .: ` . �/ 0 0 u9v t" �;>c:AL 31:SV.0icX0 <r ! w:R. State of California 1 County of S�� I �\ D (,I On�A � ,3 09 before me, a�� Qom. ` e S , 1 V V�� kxw Date Here Insert Na" and Title Ike iar personally appeared t\� �Q�`Z lC�� HOLENE STURGES Q1MV Commission # 1667780 s Los Angetes County Comm. Expires Jun 16, 2010 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(AQ whose name(it) is/ace subscribed to the within instrument and acknowledged to me that he /eheAhsy executed the same in hisAtentheir authorized capacity(ies), and that by his/14GW Ar signature(4) on the instrument the person(A), or the entity upon behalf of which the person(j) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. and official seal. OPTIONAL Though the intonation below is not required by law, it may prove valuable to persons relying on the and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Do4cume t: Document Date: L \ o Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name: ❑ Individual ❑ Corporate Officer — Title(s): — ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER in Signer's Nall ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General • Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: HIGHTTHU MBPRINT CIF SIGNER Y :�'J�CLXC\✓OvJC��'•�.:�- ./.:��V :�i:�i: "ii "i1�1i'.J:\::LJ,: \: \J S/:L : \�C�- C\!.�.5«.i�'yi V:V C`J- .J:`'✓.:idCL'J.CL.%\- C \ ✓TY, 'Y.�e% •1 :11 0 0 ?,5��.< \L.�aL:�aL.,�.v.�CnS�.ai c�. c_ �.. �i.,<. �.: ai.: as< S: isGgt;: Siiai: a_, tc.. a<. au:... y.. a>•. a5.5�5s�<.::w:�ai.ai5.-- w..abat �<�•.:�g[..�. iG:Sv!<>%.:4 .a State of California County `of On t'4�� befo me, �a� �>�� -�� 5 `1� *'�t� Date /Helm Insert Name and Title of iha 0MC8r personally appeared `n ° �C _a. 1 e 'Z � �— who proved to me on the basis of satisfactory evidence to be the personW whose name(%) is/am subscribed to the within instrument and acknowledged to me that he /sh&" executed the same in his%erf"r authorized capacity(ies), and that by his/NefMteir signature(k on the instrument the person(A), or the entity upon behalf of HOLENE STORGES which the person($) acted, executed the instrument. Commission # 1667760 33 Notont Pulbllc - C0610mw 5 Los Angeles County I certify under PENALTY OF PERJURY under the laws My Comm. Expires Jun 14.2010 of the State of California that the foregoing paragraph is true and correct. and official Place Notary Seal Above OPTIONAL Through 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 c Title or Type of Document Date Signer(s) Other Than Named Above: Capacity(tes) 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: Signers Name: ❑ Individual • Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General • Attorney in Fact ❑ Trustee ❑ Guardian or Conservator O Other: Signer Is Representing: L %INT Y: V::'.• J-:(•..::\ i:\ isL:: L::\' v.: l.:'✓' h'• �n� : \!/:�J: \J:�Yi.YK.'./< \:�J: \J, : \J '• ii. ��:">:\ i:\.:J.:'J[\ �2LJ.:(%.:\✓:'J1: <�..'JG�G!1U1. n ACORD CERTIFICATE OF LIABILITY INSURANCE GRO i DAoz "9 s PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Bolton 6 Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CA License 1)0008309 245 S. Los Robles Ave, Ste 105 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. POLICY NUMBER DAYS WOR Pasadena CA 91101 Phone:626- 799 -7000 Fax:626- 441 -3233 INSURERS AFFORDING COVERAGE NAIC9 INSURED INSURER A' s ttadale Tnsuraooe C onwaNy INSURER B Nati.l Unlon F1,,. Las. Co. EACH OCCURRENCE Grigolla 6 Sons Construction Co., Inc. 947 W. Gladstone Azusa CA 91702 INSURER C: Cypress Insurance Co. $100,000. INSURER D: X INSURER E. BCS0017239 05/19/08 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN LS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR MOM NS TYPE OF INSURANCE POLICY NUMBER DAYS WOR DATE MMlDDIYY LIMITS NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, E. 3000 GENERAL LIABILITY EACH OCCURRENCE $11-00-0-10-0-0. PREMISES Eao ..) $100,000. A X X COMMERCIALGENERALLIABILRY BCS0017239 05/19/08 05/19/09 CLAIMS MADE OCCUR MED EXP(Anyone person) sExcluded PERSONAL B ADV INJURY $1,000,000. GENERALAGGREGATE $2,000,000. GENL AGGREGATE I IMIT APPLIES PER- PRODUCTS - COMPIOP AGG $2,_9_00,900. POLICY X 111T LOC A X AUTOMOBILE X LIABILRY ANYAUTO BAB276879 05/19/08 05/19/09 COMBINED SINGLE LIMIT (�eCdda "t) $1, 000, 909. BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Pet acdoent) $ X X HIREDAUTOS NONOWNEDAUTOS PROPERTY DAMAGE (Pet ecdodnt) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHERTHAN EA ACC S ANYAUTO $ -- - -- AUTO CNI Y: AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE 5 1,000,000. B X OCCUR D CLAIMSMADE BE1475062 05/19/08 05/19/09 AGGREGATE $ 1-10-0-0-1000, $ DEDUCTIBLE $ RETENTION S WORKERS COMPENSATION AND X I TORY LIMITS ER C EMPLOYERS' LIABILITY ANY PROPRIETOMPARTNERIEXECUTIVE OFFICERJMFMRF.R EXCLUDED? 3300053996 -082 10- /0-1/0-8 10- /01 /0-9 E.L. EACH ACCIDENT _ $ 1 000,000. _$1,000,000. E.L. DISEASE - EA EMPLOYEE I Yes describe under SPECIAL PROMS *NS below E.L. DISEASE - POLICY LIMB $1,000,000. OTHER 7 1 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES i EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Job: Contract #4072, 08 - 09 Sidewalk Replacement Program, Newport Beach, CA - Various Locations. City of Newport Beach, its elected or appointed officers, agents, officials, employees and volunteers are named GL and Auto Additional Insured per CG201D 07/04 (including GL Primary wording), CG2037 07/04 and GECA701 D904 attached. GL and WC waivers Of Subrogation --- Count ... CERTIFICATE HOLDER CANCELLATION ACORD 25 (2001108) (V AUUKU UUKruN I IUN TBBG NEWPORl SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Newport Beach DATE THEREOF, THE ISSUING INSURER WILLeIwFlalai MAIL 30* DAYSWRITTEN Attn: Public Works Dept. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, E. 3000 Newport Blvd. P.O. Box 1768 Newport Beach CA 92658 -8915 . A ftRE PRE$ENTATj . ACORD 25 (2001108) (V AUUKU UUKruN I IUN TBBG IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it ACORD 25 0 POLICY NUMBER: BCS0017239 COMMERCIAL GENERAL LIABILITY NAMED INSURED: Grigolla & Sons Construction Co. Inc. CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Organ ization(s): Locations (s) of Covered Operations City of Newport Beach, its elected or appointed Contract #4072, Vrs. Locs. officers, agents, officials, employees and 08 - 09 Sidewalk Replacement Program, Newport Beach, volunteers CA Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury ", 'property damage" or 'personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. CG 2010 07 04 B. With respect to the insurance afforded to these additional insureds, the following additional exciu- ions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, pads or equip- ment furnished in connection. with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. © ISO Properties, Inc., 2004 Page 1 of 1 Coverage afforded to these additional insured parties will be primary to, and nou- contributory with, any other insurance available to that person or organization. 9 POLICY NUMBER BCS0017239 11 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Coniplated Operations ANY PERSON OR ORGANIZATION ALL LOCATIONS WHEN YOU AND SUCH PERSON OR ORGANIZATION HAVE AGREED IN WRITING IN A CONTRACT OR AGREEMENT, EXECUTED PRIOR TO THE "OCCURRENCE" TO WHICH THIS INSURANCE APPLIES, THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDI'P_ONAL INSURED ON YOUR POLICY. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section 11 — VVho Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for 'bodily injury' or "property damage" caused, in whole or in part, by your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard ". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of t O raenfs copy COMMERCIAL AUTO GOLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION 11— LIABILITY COVERAGE A. COVERAGE 1. WHO IS AN INSURED The following is added: d. Any organization, other than a partnership or joint venture, over which you maintain ownership or a majority interest on the effective date of this Coverage Form, if there is no similar insurance available to that organization. e. Any organization you newly acquire or form other than a partnership or)oint venture, and over which you maintain ownership of a majority interest. However, coverage under this provision does not apply: (1) If there is similar insurance or a self - insured retention plan available to that organization; or (2) To "bodily injury" or "properly damage" that occurred before you acquired or formed the organization. f. Any volunteer or employee of yours while using a covered "auto" you do not own, hire or borrow in your business or your personal affairs. Insurance provided by this endorsement Is excess over any other insurance available to any volunteer or employee. g. Any person, organization, trustee, estate or governmental entity with respect to the operation, maintenance or use of a covered "auto" by an insured, if: (1) You are obligated to add that person, organization, trustee, estate or governmental entity as an additional insured to this policy by: (a) an expressed provision of an "insured contract ", or written agreement; or (b) an expressed condition of a written permit issued to you by a governmental or public authority. (2) The "bodily injury" or "property damage" is caused by an "accident" which takes place after: (a) You executed the "insured contract" or written agreement; or (b) the permit has been issued to you. 2. COVERAGE EXTENSIONS a. Supplementary Payments Subparagraphs (2) and (4) are amended as follows: (2) Up to $2500 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "Insured" at our request, including actual loss of earning up to $500 a day because of time off from work. Includes copyrighted material of Insurance Services Offices, Inc. with its permission GECA 701 (09104) Page t of 3 i • SECTION III — PHYSICAL DAMAGE COVERAGE A. COVERAGE The following Is added: 5. Hired Auto Physical Damage a. Any "auto" you lease, hire, rent or borrow from someone other than your employees or partners or members of their household is a covered "auto" for each of your physical damage coverages. b. The most we will pay for "loss" in any one "accident" is the smallest of: (1) $50,000 (2) The actual cash value of the damaged or stolen property as of the time of the "loss "; or (3) The cost of repairing or replacing the damaged or stolen properly with other property of like kind and quality. If you are liable for the "accident ", we will also pay up to $500 per "accident" for the actual loss of use to the owner of the covered "auto'. c. Our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by an amount that is equal to the amount of the largest deductible shown for any owned "auto" for that coverage. However, any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning - d. For this coverage, the insurance provided is primary for any covered "auto" you hire without a driver and excess over any other collectible insurance for any covered "auto" that you hire with a driver. 5. Rental Reimbursement Coverage We will pay up to $75 per day for up to 30 days, for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss' to a covered "auto ". Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for a period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered "auto ". If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under paragraph 4. Coverage Extension. _ 8. Lease Gap Coverage If a long -term leased "auto" is a covered "auto" and the lessor is named as an Additional Insured — Lessor, in the event of a total loss, we will pay your additional legal obligation to the lessor for any difference between the actual cash value of the "auto" at the time of the loss and the "outstanding balance" of the lease. "Outstanding balance" means the amount you owe on the lease at the time of loss less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; and lease termination fees. B. EXCLUSIONS The following is added to Paragraph 3: The exclusion for "loss" caused by or resulting from mechanical or electrical breakdown does not apply to the accidental discharge of an airbag. Paragraph 4 is replaced with the following: 4. We will not pay for "loss" to any of the following: a. Tapes, records, disks or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. Includes Copyrighted material of Insurance services Offices, Inc. with its permission GECA 701 (D9I04) Page 2 of 3 a 0 b. Equipment designed or used for the detection or location of radar. c. Any electronic equipment that receives or transmits audio, visual or data signals. Exclusion 4.c, does not apply to: (1) Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto "; or (2) Any other electronic equipment that is: (a) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system; or (b) An integral part of the same unit housing any sound reproducing equipment described in (1) above and permanently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. D. DEDUCTIBLE The following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. SECTION IV. — BUSINESS AUTO CONDITIONS A. LOSS CONDITIONS Item 2.a. and b. are replaced with: 2. Duties In The Event of Accident, Claim, Suit, or Loss a. You must promptly notify us. Your duly to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the accident, claim, "suit ", or loss. Knowledge of an accident, claim, "suit', or loss, by other empleyee(s) does not imply you also have such knowledge, b. To the extent possible, notice to us should include: (1) How, when and where the accident or loss took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the accident or lass. The following is added to 5. We waive any right of recovery we may have against any additional insured under Coverage A.1. Who is An Insured g., but only as respects loss arising out of the operation, maintenance or use of a covered "auto" pursuant to the provisions of the "insured contract ", written agreement, or permit. B. GENERAL CONDITIONS 9. is added: 9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Your unintentional failure to disclose any hazards existing at the effective date of your policy will not prejudice the coverage afforded. However, we have the right to collect additional premium For any such hazard. COMMON POLICY CONDITIONS 2.b. is replaced by the following: b. 60 days before the effective dale of cancellation if we cancel for any other reason. Includes copyrighted matenal of Insurance services Offices, Inc. with its permission GECA 701 (09104) page 3 of 3 0 0 POLICY NUMBER: SCS0017239 COMMERCIAL GENERAL LIABILITY CG 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US I- This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organisation: ANY PERSON OR ORGANIZATION WITH WHOM THE INSURED HAS AGREED TO WAIVE RIGHTS OF RECOVERY, PROVIDED SUCH AGREEMENT IS MADE IN WRITING AND PRIOR TO THE LOSS (If no entry appears above, Information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV— COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or 'your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to [tie person or organization shown In the Schedule above. CO 24 0410 93 Copyright, Insurance Servicaa Office, Inc., 1992 Page i of 1 ❑ Apd.0 ,V 0 0 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 0410 (Ed 01 -07) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be 2.00 % of the Califonnia workers' compensation premium otherwise due on such remuneration. The minimum premium for this endorsement is $ 350.00 Schedule Person or Organization Job Description ALL ORGANIZATIONS FOR WHOM THE WAIVER OF SUBROGATION IS ALL CALIFORNIA OPERATIONS ISSUED This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/01/2008 Policy No. 3300053996 -081 Insured GRIGOLLA & SONS CONSTRUCTION Insurance Company Countersigned by Cypress Insurance Company WC 99 04 10 (Ed 01 -07) Endorsement No. 1 Premium $ Fax #: r CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Dale Received: _ 2/3/09 DepL /Contact Received From: _ _ Sham Oyler Dale Completed: 213'09 Sent lo: Shauna Oyler By: _ Jessica Scherer Company /Person required to have certificate: Grigolla R Sons Construction GENERAL LIABILITY A. INSURANCE COMPANY: Scottsdale Insurance Company B. AM BEST RATING (A: VII or greater): A4XV INSURANCE COMPANY: Scottsdale Insurance Company C. ADMITTED Company (Must be California Admitted): B. Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? $I M Fach Occ /$2M Agg E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The LIMITS (Must be $1M min. BI & PD and $500,000 UM): City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be ADDITIONAL INSURED WORDING TO INCLUDE (The City its included): Is it included? ❑ Yes ®No H. CAUTION! (Confirm that loss or liability of the named ❑ No insured is not limited solely by their negligence) Does PRIMARY & NON - CONTRIBUTORY WORDING (For Waste endorsement include "solely by negligence" wording? ❑ Yes ® No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail, per Lauren Farley, the City will accept the endeavor wording. ❑ No II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Scottsdale Insurance Company B. AM BEST RATING (A: VII or greater) A +X V C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? _ 51,000.000 E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ❑ Yes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 111. WORKERS' COMPENSATION A. INSURANCE COMPANY: Cypress Insurance Company B. AM BEST RATING (A: VII or greater): A r +X111 C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes ® No IF NO, WHICH ITEMS NEED TO BE COMPLETED? GL: additional insured endorsement CG 2010 07 04 needs To be in combination with the CG 2017 07 04 in order to achieve proper additional inswed coveiahe. Primary and Non - contributory cm era e is not included. Oyler, Shauna 0 From: Jessica Scherer [JScherer @bbsocal.comj Sent: Thursday, February 19, 2009 10:45 AM To: Oyler, Shauna Subject: FW: URGENT: Grigolla & Sons Construction Co., Inc. #BCS0017239 -Additional Insured Attachments: GRIGO -1 2ND REV COI NEWPOR1.pdf Importance: High Shauna, Coverage is complete! Let me know if you have any questions. .1essica Sche er Contmercial Line Account Administrator Brown & Br-own of Calf oritia, Inc. (NYSE: BRO) P.O. Box 69 9 Orange, CA 2863 Ph: (714) 221 -1841 FeLY: (714) 221 -4141 Email: ischerer(a),bbsocaLcom wwm bbinsura nce. cons License# OF06835 Brown & Brow is the 9rr' largest Insurance Broker worldwide, consistently leading the pack! Specializing in: • General Liability • Worker's Comp • Property • Employee Health Benefits • Malpractice E &O • Home • Life • Auto NOTICE: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure ordistribution is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. Also, be aware that coverage may not be bound, altered or cancelled by the use of email. From: Angie Carretino [ mailto:acarretino @boltonco.comj Sent: Thursday, February 19, 2009 10:42 AM To: 'Oyler, Shauna' Cc: Jessica Scherer; 'Rose Grigolla'; Sharon ]ones; Bill Lewis; 'David Cells' Subject: URGENT: Grigolla & Sons Construction Co., Inc. #BCS0017239 - Additional Insured Importance: High Hi Shauna, The primary and non - contributory wording is now included on the CG2010 07 04. Regards, Angie Carretino Assistant Account Manager, Partner Group BOLTON &ConrpaHy - Broader Perspective. Business Solutions 245 South Los Robles Avenue, Suite 105 Pasadena, CA 91101 (626) 535 -1422 Direct Phone (626),105-2066 Direct Fax acarretino@boltonco.com www.bol.tonco.com Corp. License #0008309 From: Rose Grigolla [mai Ito: rose @grigollaandsons.com] Sent: Thursday, February 19, 2009 10:10 AM To: Angie Carretino; Bill Lewis Subject: FW: URGENT: Grigolla & Sons Construction Co., Inc. #BCS0017239 - Additional Insured Hi Angie, I need this taken care of today... David wants them hand delivered to our office. Please, I need this taken care of ASAP! From: David Grigolla [mailto:dgrigolla @verizon.net] Sent: Thursday, February 19, 2009 10:01 AM To: 'Rose Grigolla' Subject: FW: URGENT: Grigolla & Sons Construction Co., Inc. #BCS0017239 - Additional Insured Damd (anWtta £otinraton (snigoUa. d Saw e'arwhucction. 3ne. P.O. BOX 949 Azusa, CA 91702 Ph-(626) 334 -6634 Fax.(626) 334 -5591 Site Concrete Specialist Since 1950 From: Oyler, Shauna [ mailto: SOyler @city.newport- beach.ca.us] Sent: Thursday, February 19, 2009 9:34 AM To: Angie Carretino Cc: dgrigolla @verizon.net Subject: FW: URGENT: Grigolla & Sons Construction Co., Inc. #BCS0017239 - Additional Insured See comments below. Please send the complete insurance package to me. Thank you From: Jessica Scherer [mailto:]Scherer @bbsocal.com] Sent: Thursday, February 19, 2009 9:08 AM To: Oyler, Shauna Subject: RE: URGENT: Grigolla & Sons Construction Co., Inc. #BCS0017239 - Additional Insured Shauna, The certificate and endorsements are great, however, the primary and non - contributory coverage was not attached and/or included. Let me know if you have any questions or need anything further. Jessica Sehe er Con nrercia! ine Account Administrator Brown & Brown of California, Inc. (NYSE: BRO) P.O. Box 69 9 Orange, CA 2863 0 Ph: (714) 121 -1841 Fax: (714) 221 -4141 Email: Ischerer(ft bsocal. com www.bbiusurance.com License# OF06835 Brown & Brown is the 9ih largest Insurance Broker worldwide, consistently leading the pack! Specializing in: • General Liability • Worker's Contp • Property • Employee Health Benefits • Malpractice E &O • Home • Life • Auto NOTICE: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. Also, be aware that coverage may not be bound, altered or cancelled by the use of email. From: Oyler, Shauna [ mailto :SOyler @city.newport- beach.ca.us] Sent: Wednesday, February 18, 2009 1:05 PM To: Jessica Scherer Subject: FW: URGENT: Grigolla & Sons Construction Co., Inc. #BCS0017239 - Additional Insured Importance: High Jessica, How do these revised dots look for the above. We are ready to schedule the pre -con as soon as we receive your approval. Thanks so much From: Angie Carretino [ mailto:acarretino @boltonco.com] Sent: Wednesday, February 18, 2009 1:02 PM To: Oyler, Shauna Cc: 'JScherer @bbsocal.com'; 'Rose Grigolla'; Sharon Jones; Bill Lewis; 'David Celis' Subject: URGENT: Grigolla & Sons Construction Co., Inc. #BCS0017239 - Additional Insured Importance: High Hi Shauna, Attached is the revised Certificate of Insurance including the CG2010 07 04. This should complete your file. Regards, Angie Carretino Assistant Account Manager, Partner Group BOLTON &Comp nny - Broader Perspective. Business Solutions 245 South Los Robles Avenue, Suite 105 Pasadena, CA 91101 (626) 535 -1422 Direct Phone (626) 4052066 Direct Fax acarretmo @boltonco.com www.boltoncoSom Corp. License #0008309 A Proud Partner of Assurex Global - -Our Partners are Our Power"' 9 0 0 Please remember that coverage cannot be added, changed or deleted until confirmed by our staff. BOLTON & COMPANY E -MAIL CONFIDENTIALITY NOTICE This email message and information contained in or attached to this message may be privileged, confidential, and protected from disclosure and is intended only for the person or entity to which it is addressed. If you are not the intended recipient any retransmission, dissemination, copying, printing or other use of, disclosure or taking of any action in reliance upon, this information is strictly prohibited. If you received this message in error, please immediately inform the sender by reply e-mail and delete the message and any attachments. From: Angie Carretino Sent: Wednesday, February 18, 2009 11:25 AM To: Oyler, Shauna Cc: Rose Grigolla; Sharon ]ones Subject: RE: Grigolla & Sons Construction Co., Inc. N BCS0017239 - Additional Insured Importance: High Hi Shauna, I have asked the underwriter to expedite. He advised this morning that Scottsdale will not back date coverage. The endorsement will be effective 02/17/09. 1 will forward the endorsement upon receipt from the carrier. Regards, Angie Carretino Assistant Account Manager, Partner Group BOLTON &Company - Broader Perspective. Business Solutions 245 South Los Robles Avenue, Suite 105 Pasadena, CA 91101 (626) 5351422 Direct Phone (626) 405 -2066 Direct Fax acarreh no @bolt onco.com www.boltonco.com Corp. License #'0008309 A Proud Partner of Assurex Global - -Our Partners are Our Power°' Please remember that coverage cannot be added, changed or deleted until confirmed by our staff. BOLTON & COMPANY E -MAIL CONFIDENTIALITY NOTICE This email message and information contained in or attached to this message may be privileged, confidential, and protected from disclosure and is intended only for the person or entity to which it is addressed. If you are not the intended recipient any retransmission, dissemination, copying, printing or other use of, disclosure or taking of any action in reliance upon, this information is strictly prohibited. If you received this message in error, please immediately inform the sender by reply e -mail and delete the message and any attachments. From: Oyler, Shauna [mailto:SOyler @city.newport- beach.ca.us] Sent: Wednesday, February 18, 2009 10:36 AM To: Angie Carretino Cc: David Grigolla Subject: RE: Grigolla & Sons Construction Co., Inc. 4BCS0017239 - Additional Insured This is the only item holding up the contract. Please forward it as soon as possible. Thank you From: Angie Carretino [ mailto:acarretino @boltonco.com] Sent: Tuesday, February 17, 2009 1:42 PM To: Oyler, Shauna 0 Subject: Grigolla & Sons Construction Co., Inc. #BCS0017239 - Additional Insured Importance: High From: Angie Carretino Sent: Tuesday, February 17, 2009 1:38 PM To: soyler @city. new portbeach.ca.us Cc: Rose Grigolla Subject: Grigolla & Sons Construction Co., Inc. #BCS0017239 - Additional Insured Importance: High Hi Shauna, I have requested the ISO endorsement CG2010 07 04 to be added to Grigolla & Son's GL policy effective 01/19/09. I will forward a copy to you upon receipt from the carrier. Regards, Angie Carretino Assistant Account Manager, Partner Group BOLTON &Cornyaxq - Broader Perspective. Business Solutions 245 South Los Robles Avenue, Suite 105 Pasadena, CA 91101 (626) 535 -1422 Direct Phone (626) 4052066 Direct Fax acarretino@boltonco.com www.boltt)nco.com Corp. License #0008309 A Proud Partner of Assurex Global- -Our Partners are Our Power"' Please remember that coverage cannot be added, changed or deleted until confirmed by our staff. BOLTON & COMPANY E-MAIL CONFIDENTIALITY NOTICE This email message and information contained in or attached to this message may be privileged, confidential, and protected from disclosure and is intended only for the person or entity to which it is addressed. If you are not the intended recipient any retransmission, dissemination, copying, printing or other use of, disclosure or taking of any action in reliance upon, this information is strictly prohibited. If you received this message in error, please immediately inform the sender by reply e -mail and delete the message and any attachments. From: Jessica Scherer [mailto:JScherer @bbsocal.com] Sent: Monday, February 16, 2009 8:29 AM To: Angie Carretino Subject: RE: Grigolla & Sons Construction Co., Inc. #BCS0017239 - Additional Insured Angie, Please have the insurance company send the CG 2010 0704 in replacement of the CG 2033 0704. Thank you! Jessica Scherer Commercial Line Account Administrator Brown & Brown of California, Inc. (NYSE: BRO) P.O. Box 6989 Orange, CA 92863 Ph: (714) 221 -1841 Fax: (714) 221 -4141 Email: Ischererca bbsocaf.com www. bbinsuran ce. coin 0 License# OF06835 Brown & Brown is the 9`r' largest Insurance Broker worldwide, consistently leading the pack! Specializing in: • General Liability • Worker's Contp • PropertP • Employee Health Benefits • Malpractice E &O• Monte • Life• Auto• NOTICE: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is strictly prohibited. if you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. Also, be aware that coverage may not be bound, altered or cancelled by the use of email. From: Angie Carretino [ mailto :acarretino(c�boltonco.com] Sent: Friday, February 13, 2009 10:03 AM To: Jessica Scherer Cc: 'Rooks, Shan'; 'Oyler, Shauna'; Sharon Jones Subject: Grigolla & Sons Construction Co., Inc. 4BCS0017239 - Additional Insured Importance: High Hi Jessica, Please see the email below from the underwriter at Scottsdale Insurance Company confirming the two forms CG2033 0704 and CG2037 0704 currently on the policy serve the same purpose as the CG2010. Regards, Angie Carretino Assistant Account Manager, Partner Group BOLTON &CO mpany - Broader Perspective. Business Solutions 245 South Los Robles Avenue, Suite 105 Pasadena, CA 91101 (626) 535 -1422 Direct Phone (626) 405 -2066 Direct Fax acarretino@boltonco.com www.boltonco.com Corp. License #0008309 A Proud Partner of Assurex Global - -Our Partners are Our Power" Please remember that coverage cannot be added, changed or deleted until confirmed by our staff. BOLTON & COMPANY E -MAIL CONFIDENTIALITY NOTICE This email message and information contained in or attached to this message may be privileged, confidential, and protected from disclosure and is intended only for the person or entity to which it is addressed. If you are not the intended recipient any retransmission, dissemination, copying, printing or other use of, disclosure or taking of any action in reliance upon, this information is strictly prohibited. If you received this message in error, please immediately inform the sender by reply e-mail and delete the message and any attachments. From: HERRONP @scottsdaleins.com [ mailto :HERRONP @scottsdaleins.com] Sent: Thursday, February 12, 2009 5:53 PM To: David Celis Subject: Re: Grigolla & Sons Construction Co., Inc. #BCS0017239 - Additional Insured Hi... They serve the same purpose as the C62010 but are blanket forms. If the city requires a specific Al form, we can add the CG2010, 0 Sent from Blackberry Penny Herron herronp(tr -scot i sda le i ns. com 0 From: "David Celis" [david_celis @swelt.com] Sent: 02/12/2009 06:41 PM MST To: Pennv Herron Subject: RE: Grigolla & Sons Construction Co., Inc. fIBC.S0017239 - Additional Insured Thanks for your quick response. We currently have form CG2033 0704 and CG2037 0704 on the policy. Please confirm these two forms are the exact equivalent of the CG2010 0704. Thank you. David Celis Swett & Crawford 515 South Figueroa Street, Suite 600 Los Angeles, CA 90071 (213) 439 -3409 Phone (213) 439 -3449 Fax www.swett.com Company Profile 4 Page 1 of 2 Company Profile INTERNATIONAL FIDELITY INSURANCE COMPANY ONE NEWARK CENTER 20TH FL NEWARK, NJ 07102 -5207 Agent for Service of Process DOROTHY O'CONNOR- MANSON, 1575 TREAT BLVD. WALNUT CREEK, CA 94598 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: NAIC Group #: California Company ID #: Date authorized in California: License Status: Company Type: State of Domicile: 11592 0000 4341 -4 February 09, 1996 UNLIMITED - NORMAL Property & Casualty NEW JERSEY Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terns, please refer to the glossary. SURETY Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? http: / /interactive. web .insurance.ca.gov /webuser /idb co prof, utl.get co prof?p EID =60... 02/19/2009 Check a License or Home InVvement Salesperson (HIS) Registoon - Conti,... Page 1 of 2 Department of Consumer Affairs Contractors State Li a oard Contractor's License Detail - License # 514132 ADISCLAIMER: 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 &E 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: 514132 Extract Date: 01/09/2009 GRIGOLLA & SONS CONSTRUCTION CO INC Business Information: P O BOX 949 AZUSA, CA 91702 Business Phone Number: (626) 334 -6634 Entity: Corporation Issue Date: 07113/1987 Expire Date: 07/3112009 License Status: This license is current and active. All information below should be reviewed. CLASS DESCRIPTION Classifications: A GENERAL ENGINEERING CONTRACTOR CONTRACTOR'S BOND This license filed Contractors Bond number 656892 in the amount of $12,500 with the bonding company SURETY COMPANY OF THE PACIFIC. Effective Date: 01101/2007 Bonding: Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL Workers' Compensation: The Responsible Managing Officer (RMO) DAVID LOPEZ GRIGOLLA certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A 1' bond of qualifying individual is not required. Effective Date: 03/29/2006 This license has workers compensation insurance with the CYPRESS INSURANCE COMPANY Policy Number: 3300053996081 Effective Date: 10101/2008 http:// www2. cslb. ca. gov/ OnIineServices /CheckLicense /LicenseDetail.asp 01/09/2009 Check a License or Home IVovement Salesperson (HIS) Regiwion - Contr... Page 2 of 2 Expire Date: 10/01/2009 Workers' Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. Conditions of Use I Privacy Policy Copyright © 2009 State of California hftp: l/ www2. cslb. ca. gov/ OnlineServices /CheckLicense /LicenseDetaii.asp 01/0912009 • i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL 2008 -2009 SIDEWALK. CURB & GUTTER REPLACEMENT PROGRAM CONTRACT NO. 4072 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 4072 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 2. 3. Lump Sum Mobilization C1 'D.aav' Dollars and Cents Per Cump Sum Lump Sum Traffic Control 2oaa a Dollars and 9®' Cents Per Lump Sum 25 Ea. Replace Existing Electrical Pull Box and Cover (Std. 204 -L) Dollars and Cents Per Each $ $ E PR2of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE a 5. G� 7 91 54,440 S.F 1,845 L.F 3,380 S.F. 400 Ea 3 Ea. Remove and Reconstruct Minimum 4 -inch Thick PCC Sidewalk @ Dollars and Cents $ S. $ 7`b�T)Sdo 0o Per Square Foot Remove and Reconstruct Type "A" PCC Curb and Gutter @ &tn Dollars and C2 Cents $ a9.�d $53iSc>5.� Per Lin 6r Foot Remove and Reconstruct PCC Driveway Approach @ Dollars and ,m ;Fk , Cents $ �.—� $ alol"73D, —. Per Square Foot Prune Tree Root and Install Root Barrier Dollars and Cents $ J Iq ocxD. Pr Each I Remove and Install Curb Access Ramp £ter Dollars and Cents Per Each $ I r3C? $ 3 CO"" PR3of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 9. 4,650 S.F. Remove and Reconstruct Stamped�t -F Integrally Colored.Median Concrete @ `f� a., l -o e � Dollars and t� k� Cents Per Square Foot TOTAL PRICE IN WRITTEN WORDS tiuv" and �� Cents / '—` _ JS I Total Price (Figures) \Mq, C-. Date Bidder 534 - ro(o3K oF� 6a� 'S 3`t- c:) t I �-Ax `D ref � Bidder's Telephone and Fax Numbers Bidder's A n ed Signature and G,iN l33L- A 4.O.�x� � .� �Ca.. Oil License No(s). Bidder's Address— —T and Classification(s) Bidder's email address: &C, r 1 q o( 10> f:\userslpMMShaMftcntrad-.Vy 08{19508-09 Wewatk Mplacement a407ZpMP0Sa1 c-4072 dM PUBLIC WORKS DEPARTMENT 5 -1 INDEX 5 -2 FOR 5 -7 SPECIAL PROVISIONS 2008 -2009 SIDEWALK. CURB & GUTTER REPLACEMENT PROGRAM SALVAGED MATERIALS CONTRACT NO. 4072 PROSECUTION, PROGRESS AND ACCEPTANCE INTRODUCTION OF THE WORK PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -1 LOCATION 5 -2 PROTECTION 5 -7 ADJUSTMENTS TO GRADE 5 -8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6.1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 1 1 1 1 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 6 -7 TIME OF COMPLETION 4 6 -7.1 General 4 6 -7.2 Working Days 5 6 -7.4 Working Hours 5 6 -9 LIQUIDATED DAMAGES 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 6 7 -7 COOPERATION AND COLLATERAL WORK 6 7 -8 PROJECT SITE MAINTENANCE 6 7 -8.5 Temporary Light, Power and Water 6 7 -8.5.1 Steel Plates 6 7 -8.6 Water Pollution Control 6 7 -8.6.1 Best management Practices and Monitoring Program 6 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 7 -10.1 Traffic and Access 7 7 -10.2 Storage of Equipment and Materials in Public Streets 7 7 -10.3 Street Closures, Detours, Barricades 7 7 -10.4 Public Safety 8 7- 10.4.1 Safety Orders 8 7 -10.5 "No Parking" Signs 8 7 -10.7 Notice to Residents and Temp Parking Permits 9 7 -15 CONTRACTOR LICENSES 9 SECTION 9 MEASUREMENT AND PAYMENT 9 9 -3 PAYMENT 9 9 -3.1 General 9 9 -3.2 Partial and Final Payment 11 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel 11 11 11 12 12 0 0 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 12 300 -1 CLEARING AND GRUBBING 12 300 -1.3 Removal and Disposal of Materials 12 300 -1.31 General 12 300 -1.3.2 Requirements 12 300 -1.5 Solid Waste Diversion 12 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 13 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 13 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 13 303 -5.1.1 General 13 303 -5.5 Finishing 14 303 -5.5.1 General 14 303 -5.5.2 Curb 14 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 14 308 -1 GENERAL 14 PART 4 SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT 16 CONCRTET, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 16 400 -2.1 General 16 400 -2.1.1 Requirements 16 ATTACHMENTS SIDEWALK, CURB AND GUTTER WORK SCHEDULE /LOCATION MAP -CDM, CAMEO SHORES, NEWPORT COAST SIDEWALK, CURB AND GUTTER WORK SCHEDULE /LOCATION MAP -SANTA ANA HEIGHTS MEDIAN CONCRETE REPLACEMENT SCHEDULE /LOCATION MAP 9 F-1 SIDEWALK, CURB AND GUTTER WORK SCHEDULE /LOCATION MAP -CDM, CAMEO SHORES, NEWPORT COAST ATTACHMENT 0 ! SIDEWALK, WORK CURB AND GUTTER SCHEDULE/LOCATION MAP -SANTA ANA HEIGHTS ATTACHMENT 0 0 MEDIAN CONCRETE REPLACEMENT SCHEDULE /LOCATION MAP ATTACHMENT CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS SP 1 OF 16 2008 -2009 SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM CONTRACT NO. 4072 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Work Schedule; (3) the City's Standard Special Provisions and Standard Drawinas for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section, "The majority of the work necessary for the completion of this contract consists of removing existing sidewalk, curb and gutter, driveway approaches, access ramps, medians, root removal /pruning, constructing new PCC sidewalk, curb and gutter, driveway approaches, access ramps, medians, installing new tree root barriers per City standards, and other incidental items of work." 2.9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The filing of a Corner Record and/or a Record of Survey with the County Surveyors 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. SP2OF16 Existing street centerline ties and property corner monuments and off -sets are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work." 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 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 SP3OF16 the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -1 LOCATION. Add the following after the 3rd paragraph: "Within one (1) week upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." 5 -2 PROTECTION. Add the following: "In the event that an existing electrical pull or meter box or cover that is not scheduled for replacement is damaged by the Work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover and size at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust or replace to finish grade City -owned water meter boxes, regulator vaults, valve vaults and survey monuments. The Contractor will be required to contact Southern California Edison, The Gas Company, A T & T Telephone, cable television, and other utility facilities to have existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities. 5 -8 SALVAGED MATERIALS. Where encountered, the Contractor shall salvage all existing sewer /storm drain manhole (including grade rings), meter or valve box covers. The Contractor shall salvage all removed cast iron pipes. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operations Manager, at (949) 718 -3402. SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed.' 0 0 SP4OF16 No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to 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 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 100 consecutive working days after the date on the Notice to Proceed. In addition the Contractor shall complete all work in the areas shown below within the time indicated for each area. Failure to complete all work, or the work in the designated areas, within the allotted time will result in liquidated damages being assessed. WORK ZONE DRAWING NO. ALLOTED TIME ZONE 1 CDM 1 20 Working days ZONE 2 CMS 1 10 Working days ZONE 3 CMS 2 10 Working days ZONE 4 CMS 3 10 Working days ZONE 5 NC 1 15 Working days ZONE 6 SA1 10 Working days ZONE 7 Med. 1 3 Working days ZONE 8 Med. 2 3 Working days ZONE 9 Med. 3 3 Working days ZONE 10 Med. 4 3 Working days ZONE 11 Med. 5 3 Working days The Contractor will not be allowed to move to the next work zone until the current work zone has been completed to the satisfaction of the Engineer, including damage repair. The Engineer will issue a "written go ahead" to the Contractor prior to allowing the Contractor to proceed to the next work zone. 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." • • SP5OF16 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 15t (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4`n the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24`h (Christmas Eve), December 25th (Christmas), and December 315` (New Year's Eve). If January 1st, July 4th, November 11th, December 24th, December 25th or December 31st falls on a Sunday, the following Monday is a holiday. If January 15` July 4`n November 11th December 24th December 25t or December 31st falls on a Saturday, the Friday before is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 8:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $123.90 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, or the work in a designated area, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00." Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." F_ ] L 0 SP6OF16 SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "If needed City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Department. The City must approve any nighttime work in advance." 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." Water used during construction shall be paid for by the Contractor." 7 -8.5.1 Steel Plates. Add this section: "Steel plates utilized for utility trenching shall be the slip resistant type per Caltrans Standards." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at http://www.city.newport- beach.ca.us/pubworks/links.htm." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuum the residue. SP 7 OF 16 f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back - charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre- construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plan(s). The Contractor shall be responsible for processing and obtaining approval of a traffic control plan from the City Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), • • Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detour plans shall meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners." 5. Type II barricades shall be located at the beginning and end of each individual closed sidewalk area from time of removal until final cure of the sidewalk. 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "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. SP9OF16 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. The Contractor shall deliver a construction notice to residents within 500 feet of the project, ten working days prior to starting work, describing the project and indicating the limits of construction. The City will provide the Notice. Forty -eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written City Notice clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared and provided 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 "A" or "C -8" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the Proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan and construction schedule, photographing and keeping records of existing conditions prior to starting work for the Contractor's protection, and all other related work as required by the Contract Documents. 0 r SP 10 OF 16 Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications, posting signs and all costs incurred notifying residents. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flag persons, changeable message board. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 3 Replace Existing Electrical Pull Box and Cover: Work under this item shall include the cost to remove and dispose of the existing and install new traffic grade pull box and cover; reconnect existing street light wirings within the pull box; repair all wiring; and complete all other items as required to restore electrical system operations that were damaged by the work. The City of Newport Beach does not allow the splicing of wiring between pull boxes and a complete and continuous run between pull boxes will be required. (See CNB Std. -204 -L & 205 -L.) Item No. 4 Remove and Reconstruct minimum 4 -Inch Thick P.C.C. Sidewalk: Work under this item shall include removing and disposing of the existing sidewalk, subgrade compaction, constructing the minimum 4 -inch thick P.C.C. sidewalk, making in -kind repairs to private improvements impacted by the work; such as irrigation systems, bricks, pavers, plants, shrubs decorative stones, walls, walks, fences, mailboxes, sod, and other private improvements existing before the work began and all other work items as required to complete the work in place. Contractor shall complete all private improvement repairs within five (5) calendar days of City notification. Item No. 5 Remove and Construct Type "A" P.C.C. Curb and Gutter: Work under this item shall include removing and disposing of the existing curb and gutter, compacting subgrade, reconstructing curb openings of existing curb drains, constructing Type "A" P.C.C. curb and gutter per City Standard STD - 182 -L, AC patch back, curb painting, re- chiseling of curb face for existing underground utilities, restoring all existing public and private improvements damaged by the work, making in -kind repairs to private improvements impacted by the work; such as irrigation systems, bricks, pavers, plants, shrubs decorative stones, walls, walks, fences, mailboxes, sod, and other private improvements existing before the work began and all other work items as required to complete the work in place. Contractor shall complete all private improvement repairs within five (5) calendar days of City notification. Item No. 6 Remove and Construct P.C.C. Driveway Approach: Work under this item shall include removing existing improvements and constructing P.C.C. driveway approach, AC patch back, steel plating as needed to provide access to garage during non - working hours, restoring all public and private improvements impacted by the work; such as irrigation systems, bricks, pavers, plants, shrubs decorative stones, walls, walks, fences, mailboxes, sod, and other private improvements existing before the work began and all other work items as required to complete the work in place. Contractor • r SP 11 OF 16 shall complete all private improvement repairs within five (5) calendar days of City notification. Item No. 7 Prune Tree Root and Install Root Barrier: Work under this item shall include field review of each scheduled tree with the City Urban Forester, root pruning and disposal, providing and installing root barriers, removal and disposal of excess soil, and all other work required to complete the work in place. All utilities or other improvements damaged by the work shall be immediately repaired at the expense of the Contractor and no additional compensation shall be made. Item No. 8 Remove and Install PCC Curb Access Ramp: Work under this item shall include removing existing improvements, subgrade import and compaction, and constructing P.C.C. Curb Access Ramp, including detectable warning surfaces, retaining curbs, AC patch back, and all other work items as required to complete the work in place. Raised truncated domes shall be dark grey colored and shall be "Terra Paving" as manufactured by Wausau Tile, Inc (715) 359 -3121 of Wisconsin. Item No. 9 Remove and Reconstruct Stamped Integrally Colored Median Concrete: Work under this item shall include removing and disposing of the existing stamped colored median concrete, subgrade compaction, constructing 4 -inch thick stamped integrally colored median concrete to match existing median concrete in color and pattern, and all other work items as required to complete the work in place. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE. MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement Concrete for construction shall be Class 560 -C -3250. Color for stamped integrally colored concrete shall be Terra Cotta. Contractor shall submit a color pallet and stamp pattern for stamped integrally colored concrete to the City for the Engineer's approval 10 days in advance of the placement of any stamped integrally colored concrete." • r SP 12 OF 16 201 -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." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials Add to this Section: "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. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. Approximate area of removal and replacement is100 square feet." 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, Medians, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words "1? /z 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. • 0 SP 13 OF 16 The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, MEDIANS 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 backfilled or patched -back, such as driveway approaches, 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. 1. Driveway approaches shall be reconstructed and open for use within three calendar workdays after the commencement of driveway approach removal. The approaches must be available for use over weekends and Holidays. 2. Driveway approaches shall be constructed one half at a time so that garage access is continuously maintained, unless a signed agreement with the property owner can be obtained. 3. Curb access ramps, sidewalk, curb and gutter shall be reconstructed and open for use within five calendar workdays after commencement of their removal. 4. All curb and gutter shall be constructed on top of 10 inches of 95 percent relative compacted subgrade. 5. Reconstructed sidewalk and curb access ramps shall be opened to public use on the day following concrete placement. 6. All forms shall be removed, irrigation systems shall be repaired, and backfill or patch -back shall be placed within 72 hours following concrete placement. 7. All damaged private improvements shall be repaired in -kind to the satisfaction of the respective owner within 72 hours of reconstructed work. 8. P.C.C. work subjected to vehicle loads such as driveways and gutters shall not be opened to traffic until the concrete has cured to a minimum strength of • • SP 14 OF 16 3,000 psi. The Contractor shall detour traffic around such work until the work is ready for public use. 9. All excavated areas shall be allowed to remain open no longer than 24 hours prior to the placement of concrete." 303 -5.5 Finishing 303 -5.5.1 General. Add to this section: "The Contractor shall patch back A.C., P.C.C. and brick within private property in a manner that matches the adjoining existing private property in structural section, texture and color." 303 -5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" or "W" for sewer or water lateral and a chiseled W -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718- 3402." SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall submit recommendations to the City's Urban Forrester for review for safely pruning and removing tree roots. No roots shall be pruned or removed unless this submittal is returned to the Contractor as satisfactory. Prior to the submittal, the Contractor shall arrange to meet with the City's Urban Forester, Mr. John Conway ((949) 644 -3083) at the site to discuss City standards and requirements. Prior to the on -site meeting the Contractor shall remove any improvements and expose the roots for review. The submittal shall adhere to the following guidelines. 1. Root Prunina 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. Tearing of roots will not be acceptable. c. A root pruning sample at one selected site will be conducted and reviewed for approval by the City's Urban Forester. 2. Arbitrary Root Cut a. A straight cut with a root - cutting machine shall be made. • i SP 15 OF 16 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 or as noted by the Urban Forester on the submittal. 3. Selective Root Pruning 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. Notification and scheduled on site meeting with the Urban Forester shall be made with the concrete panel removed. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. If there is a conflict with the remaining roots and concrete installation, a meeting must be held between all involved to determine the appropriate solution. 4. Root Barrier Specifications: a. Install root barrier panels with the length of each root pruning cut at a minimal of 14" below grade for sidewalks and 26" for curbs. b. The product shall be a minimal of 0.085 thickness and material of polyethylene plastic with ultra violet inhibitors. An example of the product will be submitted for approval by the Urban Forrester. c. The product shall be installed per manufacturer's specifications. The manufacturer's specifications must be submitted prior to commencement of the project." SP 16 OF 16 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 miscellaneous base, or better, as the base materials." FAUsers4PBIMShared%QontractsTY 08-09%08-09 Sidewalk Replacement C- 40721SPECS C-4072.doc 0 SIDEWALK, CURB AND GUTTER WORK SCHEDULE /LOCATION MAP -CDM, CAMEO SHORES, NEWPORT COAST ATTACHMENT 2008109 Sidewalk Contract - CDM NO. LOCATION STREET NAME& NO. SIDEWALK C &G LF. ACCESS ROOT PRUNING DRIVEWAY Cross Gutter SF S .FT RAMP APPROACH SF 2121 E. PCH on Avocado Ave 320 3 701 -709 Avocado Ave 480 3 521 Avocado Ave 144 36 1 515 Avocado Ave 350 35 1 507 Avocado Ave 64 20 501 Avocado Ave 66 439 Avocado Ave 64 423 Avocado Ave 84 420 Avocado Ave alley approach) 225 426 Avocado Ave 120 2 428 Avocado Ave 84 1 508 Avocado Ave 48 518 Avocado Ave 240 2 602 Avocado Ave 84 604 Avocado Ave 280 2 606 -610 Avocado Ave 400 2 612 Avocado Ave 120 1 614 Avocado Ave 84 1 616 Avocado Ave 96 1 700 Avocado Ave 200 1 702 Avocado Ave 30 1 706 Avocado Ave 33 66 708 Avocado Ave 160 1 Bayside Dr. between Marguerite & Larkspur 750 8 Bayside Dr. between Larkspur & Jasmine 48 1 Bayside Dr. between Jasmine & Iris Ave. 110 352 Hazel Dr. 128 1 60 341 Hazel Dr. 33 311 Hazel Dr. 45 306 Hazel Dr. 56 305 Hazel Dr. 45 248 Hazel Dr. 33 240 Hazel Dr. 84 234 Hazel Dr. 60 1 228 Hazel Dr. 20 222 Hazel Dr. 36 AF 222 Hazel Dr. 45 3728 Ocean Blvd @ Poppy Ave. 96 1 304 Poinsettia Ave. 100 1 314 Poinsettia Ave. 80 1 322 Poinsettia Ave. 80 1 324 Poinsettia Ave. 60 326 Poinsettia Ave. 138 1 332Poinsettia Ave. 80 323 Poinsettia Ave. 120 1 321 -319 Poinsettia Ave. 172 2 311 Poinsettia Ave. 120 1 305 Poinsettia Ave. 80 1 303Poinsettia Ave. 120 1 227 Poinsettia Ave. 120 1 225 Poinsettia Ave. 60 215Poinsettia Ave. 124 1 Page 1 0 0 2008109 Sidewalk Contract - CDM NO. LOCATION STREET NAME& NO. SIDEWALK C & G I=F. ACCESS ROOT PRUNLILG ORNEWAY Cross Gutter SF 5C.FT. RAMP APPROACH SF 3628 Ocean Blvd. on Poinsettia Ave. 120 228 Orchid Ave. 60 3601 E. PCH on Orchid Ave. 120 260 217 Orchid Ave. 60 310 Narcissus Ave. 84 1 312 Narcissus Ave. 124 1 320 Narcissus Ave. 80 1 328 Narcissus Ave. 80 1 315 Narcissus Ave. 120 1 305 Narcissus Ave. 116 1 301 Narcissus Ave. 30 1 219 Narcissus Ave. 88 1 215 Narcissus Ave. 20 1 320 Marigold Ave. 80 1 328 Marigold Ave. 80 1 304 Marguerite Ave. 64 1 319 Marguerite Ave. 60 307 Marguerite Ave. 64 1 304 Larkspur Ave. 60 1 323 Larkspur Ave. 160 1 319 Larkspur Ave. 40 226 Jasmine Ave. 84 1 312 Jasmine Ave. 132 1 319 Jasmine Ave. 80 311 Jasmine Ave. 240 1 307 Jasmine Ave. 120 1 219 Jasmine Ave. 84 1 210 Iris Ave. 24 218 Iris Ave. 320 2 222 Iris Ave. 60 3000 Seaview Ave on Iris Ave. 120 1 209 Iris Ave. 64 1 214 Heliotrope Ave. 120 1 218 Heliotrope Ave. 134 220 Heliotrope Ave. 24 244 Heliotrope Ave. 154 1 310 Heliotrope Ave. 120 314 Heliotrope Ave. 40 303 Heliotrope Ave. 84 1 239 Heliotrope Ave. 120 1 235 Heliotrope Ave. 80 1 2830 Bayview Dr. on Heliotrope Ave. 84 211 Heliotrope Ave. 84 1 2828 Ocean Blvd. on Heliotrope Ave. 60 214 Goldenrod Ave. 24 224 Goldenrod Ave. 20 230 Goldenrod Ave. 88 1 304 Goldenrod Ave. 100 1 308 Goldenrod Ave. 60 1 311 Goldenrod Ave. 60 Page 2 • 2008109 Sidewalk Contract - CDM NO. LOCATION STREET NAME& NO. SIDEWALK C & G LF. ACCESS ROOT PRUNING DRIVEWAY Cross Gutter SF SaFT_ RAMP APPROACH SF Goldenrod Ave. 80 1 221 Goldenrod Ave. 40 1 211 Goldenrod Ave. 100 1 304 Fernleaf Ave. 60 SAW of Fernleaf Ave @ Bayside Dr. 125 303 -301 Femleaf Ave. 184 1 2626 Ocean Blvd @ Fernleaf Ave. 400 1 219 Dahlia Ave. 100 1 215 Dahlia Ave. 88 1 211 Dahlia Ave. 32 208 Carnation Ave. 110 2501 Seaview Ave. 160 1 2521 Seaview Ave. 134 1 124 2611 Seaview Ave. 100 1 2627 Seaview Ave. 100 1 2731 Seaview Ave. 104 1 2801 Seaview Ave. 148 245 Heliotrope Ave on Seaview Ave. 108 1 233 Jasmine Ave. on Seaview Ave. 40 1 231 Larkspur Ave. on Seaview Ave. 180 1 230 Larkspur Ave. on Seaview Ave. 372 3 3301 Seaview Ave. 300 3 223 Marigold Ave on Seaview Ave. 40 222 Marigold Ave. on Seaview Ave. 132 2 223 Narcissus Ave on Seaview Ave. 132 1 229 Orchid Ave on Seaview Ave. 300 2 232 Orchid Ave on Seaview Ave. 120 1 3701 Seaview Ave. 84 1 301 Poppy Ave on Seaview Ave. 120 1 301 Poinsettia Ave. Seaview Ave. 160 2 301 Orchid Ave on Seaview Ave. 184 1 301 Marigold Ave on Seaview Ave. 120 1 3304 Seaview Ave. 200 1 301 Jasmine Ave on Seaview Ave. 120 1 3000 Seaview Ave. 180 2 300 Goldenrod Ave on Seaview Ave. 120 1 2720 Seaview Ave. 60 1 2700 Seaview Ave. 160 1 2630 Seaview Ave. 240 1 2610 Seaview Ave. 96 1 2530 Seaview Ave. 84 1 2831 Bayview Ave. 36 224 Heliotrope aver on Bayview Ave. 100 1 217 Iris Ave. on Bayview Ave. 300 3 2800 Bayview Ave. 100 1 2720 Bayview Ave. 84 1 2501 E. Ocean Blvd. 16 AF 2520 E. Ocean Blvd. 75 AF 2700 E. Ocean Blvd. 50 i i 2727 E. Ocean Blvd. 150 1 Page 3 0 • 2008109 Sidewalk Contract - CDM NO. LOCATION STREET NAMES NO. SIDEWALK C 8 G LF. ACCESS ROOT PRUNING APPROACH DRIVEWAY SF Cross Gutter SF sn•Fr. RAM 2735 E. Ocean Blvd. 120 AF 2818 E. Ocean Blvd. 250 1 3043 E. Ocean BNd. 150 AF 3500 E. Ocean Blvd. 30 AF 3600 E. Ocean Blvd. 450 3620 E. Ocean Blvd. 44 2906 E. Ocean Blvd. 40 2804 E. Ocean Blvd. 84 721 Femleaf Ave. 72 713 Femleaf Ave. 24 Next to 706 Fernleaf Ave. 48 716 Femleaf Ave. 60 1 711 Goldenrod Ave. 60 1 615 Goldenrod Ave. 80 2 110 619 Heliotrope Ave. 125 1 600 Heliotrope Ave. 80 1 606 Heliotrope Ave. 40 1 519 Iris Ave. 60 713 Jasmine Ave. 100 1 705 Jasmine Ave. 144 1 703 Jasmine Ave. 100 1 621 Jasmine Ave. 104 2 509 Jasmine Ave. 72 1 3050 E. PCH on Jasmine Ave. 80 602 Jasmine Ave. 80 1 712 Jasmine Ave. 100 716 -720 Jasmine Ave.360 360 3 721 Larkspur Ave. 60 1 719 Larkspur Ave. 84 1 713 Larkspur Ave. 60 705 Larkspur Ave. 88 1 521 Larkspur Ave. 60 1 511 Larkspur Ave. 84 2 501 Larkspur Ave. 84 1 418 Larkspur Ave. 72 1 500 Larkspur Ave. 60 1 516 Larkspur Ave. 84 2 706 Larkspur Ave. 84 1 714 Larkspur Ave. 60 601 Marigold Ave. 80 1 517 Marigold Ave. 120 1 507 Marigold Ave. 40 429 Marigold Ave. 60 1 410 Mari old Ave. 120 1 430 Marigold Ave. 60 1 500 Marigold Ave. 1 504 Marigold Ave. 120 1 508 Marigold Ave. 60 1 600 Marigold Ave. 16 612 Marigold Ave. 60 1 712 Marigold Ave. 80 715 Narcissus Ave. 60 1 711 Narcissus Ave. 100 1 Page 4 r • 2008109 Sidewalk Contract - CDM NO. LOCATION STREET NAME& NO. EWALK C & G LF. ACCESSI ROOT PRUNING I DRIVEWAY Cross Ginter SF SQ.FT. RAMP APPROACH SF 621 Narcissus Ave. 72 1 619 Narcissus Ave. 240 2 615 Narcissus Ave. 60 1 517 Narcissus Ave. 100 1 515 Narcissus Ave. 60 1 501 Narcissus Ave. 120 1 431 Narcissus Ave. 80 1 429 Narcissus Ave. 60 1 506 Narcissus Ave. 132 1 606 Narcissus Ave. 184 2 718 Narcissus Ave. 60 1 717 Orchid Ave. 132 1 707 Orchid Ave. 84 1 701 Orchid Ave. 180 1 621 Orchid Ave. 84 1 607 Orchid Ave. 40 501 Orchid Ave. 60 1 423 Orchid Ave. 210 2 413 Orchid Ave. Parking Lot at alley) 140 1 180 506 Orchid Ave. 80 1 508 Orchid Ave. 16 510 Orchid Ave. 60 1 616 Orchid Ave. 60 721 Poinsettia Ave. 132 1 713 Poinsettia Ave. 84 1 509 Poirsettia Ave. 80 1 413 Poinsettia Ave. 80 1 409 Poinsettia Ave. (alley) 180 SM corner of Poinsettia Ave. & E. PCH 200 1 713 Poppy Ave. 84 1 707 Poppy Ave. 84 1 617 Poppy Ave. 80 1 521 Poppy Ave. 92 1 505 Poppy Ave. 100 1 3748 E. PCH @ Poppy Ave. 210 2 AF 605 Poppy Ave. 124 1 612 Poppy Ave. 100 1 620 Poppy Ave. 60 714 Poppy Ave. 30 1 720 Poppy Ave. 50 1 519 Hazel Dr. 124 415 Hazel Dr. 60 1 417 Hazel Dr. 60 1 528 Hazel Dr. 60 550 Hazel Dr. 84 1 554 Hazel Dr. 72 AF Marigold Ave @ Fifth Ave. 90 701 Marguerfte Ave. on Fourth Ave. 240 3 2910 Third Ave. 380 3 Page 5 2008109 Sidewalk Contract - CDM NO. LOCATION STREET NAME& NO. SIDEWALK C a G L ACCESS ROOT RP UNING DRIVEWAY Cross Gutter SF SQ.FT. RAMP APPROACH SF 301 Larkspur Ave @ Second Ave. (alley) 150 501 Orchid Ave. @ Second Ave. 120 1 501 Poinsettia Ave on Second Ave. 148 2 500 Poinsettia aver on Second Ave. 110 2 501 Poppy Ave on Second Ave. 210 2 2008109 Sidewalk Contract - Cameo Shores LOCATION SIDEWALK C & G ACCESS ROOT DRIVEWAY Cross NO. STREET NAME& NO. SQ.FT. LF. RAMP PRUNING APPROACH SF Gutter SF 254 Evening Canyon Rd 55 4709 Hampden Rd 110 325 Cameo Shores Rd on Roxbury Rd 60 1 4626 Roxbury Rd 150 4545 Roxbury Rd on Fairfield Dr 20 1 4545 Ordngton Rd 33 2 4501 Tremont Ln 80 1 4545 Ordngton Rd on Tremont Ln 115 4601 Ordngton Rd on Tremont Ln 55 4621 Ortington Rd on Tremont Ln 13 4633 Gorham Dr 25 4627 Gorham Dr 25 120 4645 Perham Rd on Cameo Shores Rd 76 3 345 Cameo Shores Rd 25 1 723 Cameo Highlands Dr 50 2 4621 Wayne Rd on Cameo Highlands Dr 100 1 4815 Dorchester Rd 28 4732 Cortland Dr 120 4726 Cortland Dr 110 4708 Cortland Dr 21 1 4715 Surrey Dr 251 1 4701 Surrey Dr 25 707 Rockford Rd 40 3 627 Rockford Rd 25 4601 Cortland Rd 12 South Bound Newport Coast Dr from Newport Ridge to Pacific Pines #1 120 1 #2 120 1 # 3 75 from Pacific Pines to Pelican Hills Dr. South #1 250 1 #2 60 1 #3 110 3 #4 75 2 #5 60 1 1 #6 100 # 7 75 # 8 75 Page 6 • 0 2008109 Sidewalk Contract - Cameo Shores LOCATION SIDEWALK C & G ACCESS ROOT DRIVEWAY Cross NO. STREET NAME& NO. SQ.FT. to RAMP PRUNING APPROACH SF Gutter SF from Pelican Hills Dr south to PCH # 1 60 # 2 300 # 3 50 # 4 150 1#5 1801 1 # 6 50 North Bound Newport Coast Dr from PCH to Pelican Hills Dr. South # 1 150 # 2 110 # 3 330 # 4 80 1#5 170 from Pelican Hills Dr south to Provence # 1 120 # 2 200 1 # 3 75 # 4 480 # 5 600 from Provence to Pelican Hills Dr. north # 1 600 # 2 648 # 3 180 # 4 612 # 5 156 # 6 360 # 7 300 # 8 240 # 9 630 #10 240 #11 300 1 from Pelican Hills Dr north Vista Ridge # 1 80 # 2 200 # 3 220 # 4 290 1#5 240 from Vista Rid a to Ridge Park # 1 290 # 2 150 # 3 100 from Ridge Park to San Joaquin Hills Dr. #1 240 i # 2 150 1 1#3 2151 1 1 Page 7 0 0 2008109 Sidewalk Contract New ort Coast LOCATION SIDEWALK C&G ACCESS ROOT DRIVEWAY Cross NO. STREET NAME& NO. SQFT• LF. RAMP PRUNING APPROACH SF Gutter SF 150 Newport Center Dr E 350 3 300 Newport Center Dr E 80 690 Newport Center Dr W on Santa Cruz Dr 50 1 680 Newport Center Dr W on Santa Cruz Dr 550 2 700 Newport Center Dr W on Santa Cruz Dr 180 1 900 Newport Center Dr W 3501 1 1070 Granville Dr on Newport Center Dr W 600 5 Newport Center Dr at Newport Center Dr W 300 2 951 Newport Center Dr W 150 Newport Center Dr W at Santa Cruz Dr 100 551 Newport Center Dr E at Santa Rosa Dr 140 Newport Center Dr E at San Miguel Dr 300 150 Newport Center Dr E on Anacapa Dr 740 5 180 Newport Center Dr E on Anacapa Dr 7151 1 2 180 Newport Center Dr E on Farallon Dr 350 3 15 Farallon Dr 100 24 2 12 Farallon Dr 40 1 280 Newport Center Dr E on Farallon Dr 40 1 280 Newport Center Dr E on Anacapa Dr 180 1 240 Newport Center Dr E on Anacapa Dr 1000 1 9 Newport Center Dr E at San Miguel Dr 180 16 1 359 -369 Newport Center Dr on San Miguel Dr 550 4 360 Newport Center Dr E on San Miguel Dr 450 2 400 Newport Center Dr E on San Miguel Dr 80 1 450 Newport Center Dr E on San Nicholas Dr 200 1 550 Newport Center Dr E on Santa Rosa Dr 330 75 3 680 Newport Center Dr E on Santa Rosa Dr 275 3 860 Newport Center Dr W on Santa Barbara E 275 3 Santa Barbara Dr at San Clemente Dr 130 Santa Barbara Dr next to golf course 320 2 900 Newport Center Dr W on Santa Barbara E 380 35 2 1100 Granville Dr on Newport Center Dr 180 1 1120 Granville Dr on Newport Center Dr bus s 180 1130 Granville Dr on Newport Center Dr 100 1 1140 Granville Dr on Newport Center Dr 210 2 1401 Avocado Ave 270 3 49126 16851 3 322 1585 0 Price per item $6 $50 $3,000 $300 $9 Sub -total $331,812 $99,200 $9,000 $112,500 $16,965 $0 Sum of totals $569,477 10;:, Contingency $56,947 Total 1 $626,424 Page 8 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SIDEWALK, CURB AND GUTTER WOR SCHEDULE /LOCATION MAP- CDM DRAWN --I <" f DATE DRAWING ND. CDM 1 SFrna g°`FaR 'oR - `tiP .- GR`F oR a R 6 „oo bP4 0a O F ¢ - 'TILLER WAY. - P N N .yam O� J '�h ate. gyp` 1 G`JFj .P C ly P _ 9 CIF L `j e O k R R4 O CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SIDEWALK, CURB AND GUTTER WOR SCHEDULE /LOCATION MAP- CDM DRAWN --I <" f DATE DRAWING ND. CDM 1 f CITY A f by SCHEDULE /LOCATION MAP- CAMEO DATE DRAWING N0. CMS 1 ij ''3,, <` s CITY IDEWALK, CURB AND GUT I LK VVUK SCHEDULE /LOCATION MAP- CAMEO zlr A =113 DRAWING NO. CMS 2 ,2r CITY OF NEWPORT BEACH DRAM" DAB L V-` PUBLIC WORKS DEPARTMENT SIDEWALK, CURB AND GUTTER WORK SCHEDULE /LOCATION MAP- CAMEO SHORES DRAWING NO. CMS 3 S ,. o '... F 1p Tl 9Z O A AM i ,i } i11 tt � y . ol sr IDR ,2r CITY OF NEWPORT BEACH DRAM" DAB L V-` PUBLIC WORKS DEPARTMENT SIDEWALK, CURB AND GUTTER WORK SCHEDULE /LOCATION MAP- CAMEO SHORES DRAWING NO. CMS 3 C s �QSr r . AI ��NOa 1 II fq CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT v•✓I . . i .I t, VVI \V VV I I LI% •w VI \I\ SCHEDULE/LOCATION MAP- NEWPORT DRAWN d -7 m DATE DRAWING ND. NC 1 yyP ' J ppe IT U'® 544f�, DRAWN d -7 m DATE DRAWING ND. NC 1 • SIDEWALK, WORK CURB AND GUTTER SCHEDULE /LOCATION MAP -SANTA ANA HEIGHTS ATTACHMENT WORK SCHEDULE - W. Santa Ana Heigh Tree Driveway Cross Access Damage Sidewalk C & G Approach Gutter Ram LOCATION EA SF LF SF SF SF 1552 Orchard Dr 1 16 1572 Orchard Dr 48 250 1551 Orchard Dr 1 64 1571 Orchard Dr 1 90 37 1602 Orchard Dr 1 90 120 End of Orchard Dr - tree by the entrance to th 1 115 1731 Orchard Dr 1 240 1721 Orchard Dr 1 120 1691 Orchard Dr 1 100 100 1671 Orchard Dr 1 3101 1 1591 Orchard Dr 10 20251 Riverside Dr 1 120 20271 Riverside Dr 100 20301 Riverside Dr 1 60 20331 Riverside Dr 120 20332 Riverside Dr 1 60 20312 Riverside Dr 50 20302 Riverside Dr 1 2601 1 20292 Riverside Dr 80 1672 Pegasus St 150 125 1692 Pegasus St 125 1702 Pegasus St 80 20162 Kline Dr 1 200 10 125 20142 Kline Dr 1 140 20081 Kline Dr 1 80 20091 Kline Dr 1 120 1661 Indus St 150 125 1601 Indus St 1 120 1571 Indus St 50 25 100 1572 Indus St 64 28 100 1601 Pegusas St on Redlands Dr 1 150 125 1602 Pegusas St on Redlands Dr 1 120 20132 Redlands Dr 90 20141 Riverside Dr 1 150 20151 Riverside Dr 1 50 20152 Riverside Dr 1 120 20122 Riverside Dr 1 125 125 20112 Riverside Dr 1 80 125 2011 Riverside Dr on Indus St 20 20111 Kline Dr on Indus St 3 325 20181 Kline Dr on Pegusas St 20 1681 Pegasus St 1 120 125 1651 Pegasus St 70 1571 Pegasus St 1 150 125 1551 Pegasus St 1 64 1521 Pegusas St 1 80 1502 Pegasus St 132 1552 Pegasus St 1 240 1562 Pegasus St 60 Totals 331 53151 158 1795 0 0 Page 1 9 WORK SCHEDULE - W. Santa Ana Heigh Tree Driveway Cross Access Damage Sidewalk C & G Approach Gutter Ram EA SF LF SF SF SF Totals 33 5315 158 1795 0 0 Price per item $300 $6.00 $50.00 $9.00 Sub -total $9,900 $31,890 $7,900 $16,155 Sum of to.tals $65,845 Contingency 10% $6,584 TOTAL $72,429 Page 2 1, S /Q ti ,y i CITY OF NEWPORT BEACH °RA1NN`,O� DATE t f PUBLIC WORKS DEPARTMENT SIDEWALK, WORK CURB AND GUTTER SCHEDULE /LOCATION MAP -SANTA ARIA Wf= 1(_I-ITC DRAWING N0, SA 1 MEDIAN CONCRETE REPLACEMENT SCHEDULE /LOCATION MAP ATTACHMENT in u , ate: �.F 4 Jamboree Sea Cove Sea Island NB x 1 47 1 47 0 Jamboree Sea Cove Sea Island SB x x 1 22 1 22 0 Jamboree Sea Cove Sea Island SB x 1 13 1 13 0 Jamboree Sea Cove Sea Island SB x 1 18 1 18 0 Jamboree Sea Cove Sea Island NB x 1 153 1 153 0 Jamboree Sea Cove Sea Island SB x x 1 146 1 146 0 Jamboree Sea Cove Sea Island SB x 1 14 1 14 0 Jamboree Sea Cove Sea Island NB x 1 28 1 281 0 Jamboree Sea Island Santa Barbara JNB x 1 70 1 70 0 Jamboree Sea Island Santa Barbara SB x 1 721 1 72 0 Jamboree Sea Island Santa Barbara SB x 1 298 1 298 0 Jamboree Sea Island Santa Barbara NB x x x 1 248 1 248 0 Jamboree Sea Island Santa Barbara NB x x x x 1 104 1 104 0 Jamboree Sea Island Santa Barbara SB x x 1 72 1 72 0 Jamboree Sea Island Santa Barbara SB x x 1 1 1 0 Jamboree Sea Island Santa Barbara SB x x 1 chipped finish 384 1 384 0 Jamboree Sea Island Santa Barbara SB x x 1 Separating from curb 711 1 71 0 Jamboree Sea Island Santa Barbara SB x 1 Separating from curb 32 1 32 0 Jamboree Sea Island Santa Barbara SB x 1 38 1 38 0 Jamboree Sea Island Santa Barbara NB x x x 1 Separating from curb 136 1 136 0 Jamboree Sea Island Santa Barbara NB x x x 1 Roots 69 1 69 0 Jamboree Sea Island Santa Barbara NB x 1 Roots 108 1 108 0 Jamboree Sea Island Santa Barbara NB x x 1 32 1 32 0 Jamboree San Joaquin Hills Santa Barbara NB x 1 32 2 64 0 San Joa uin Hills at San Mi uel x x ix #X--, 7 4 28 0 San Joaquin Hills San Miguel Crown EB x 7 2 14 0 1 0 4 • E x 11 1.5 16.5 0 San Joa uin Hills San Miguel Crown WB x x San Joaquin Hills San Miguel Crown WB x x 32 11 352 0 San Joaquin Hills San Miguel Crown WB x x 22 2 44 0 San Joaquin Hills Crown Marguerite EB x x 1 15 2 30 0 San Joaquin Hills lCrown Marguerite WB x x 1 15 2 30 0 San Joe uin Hills Crown Marguerite WB x x x 1 11 2 22 0 San Joaquin Hills Crown Marguerite WB x x 1 19 2 38 0 San Joaquin Hills Crown Marguerite WB x x 1 9 2 18 0 San Joaquin Hills Crown Marguerite WB x x 1 151 15 225 0 San Joaquin Hills Crown Marguerite EB x x 10 4 40 0 San Joaquin Hills Marguerite Spyglass Hill EB x x x Irregular shaped area 9.5 10 95 0 San Joaquin Hills IMarguerite Spyglass HIII EB x x x 1 15 8 120 0 San Joaquin Hills IMarquerite Spyglass Hill WB x x x 1 1 Irregular shaped area 21 18 378 0 San Joaquin Hills Marguerite Spyglass Hill WB x x x 1 18 13 234 0 San Joaquin Hills IMarouerite Spyglass Hill EB x x 1 7 1.5 10.5 0 San Joaquin Hills Marguerite Spyglass Hill WB x x 1 61 1.5 9 0 San Joaquin Hills Marguerite Spyglass Hill WB x x 22 4 88 0 San Joaquin Hills Marguerite Spyglass Hill WB x x Irregular shaped area 16 16 256 0 San Joaquin Hills Mar uerite Spyglass Hill WS x x Asphalt repair/remove 4 1.5 6 0 PCH Jamboree Irvine Terrace SB ix x 5 3 15 0 San Miguel San Joaquin Hills Mac Arthur SB x x 8 2 16 0 San Miguel San Joaquin Hills Mac Arthur NB x x 1 Separating from curb 58 2 116 0 Irvine at Dover x x 1 6 84 0 Total 361 4626 0 4 • E CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MEDIAN CONCRETE REPLACEMENT SCHEDULE /LOCATION MAP DATE DRAWING ND. Med. 1 q��' t t Gd'a1'R so c CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MEDIAN CONCRETE REPLACEMENT SCHEDULE /LOCATION MAP DATE DRAWING ND. Med. 1 CITY DA'M MEDIAN CONCRETE REPLACEMENT SCHEDULE /LOCATION MAP DRAWING ND. Med. 2 r �Aud y� c� r �u i 9 m r' r f, z v G0.1SY r 60p4, H,E mmmommum 544ft {` i CITY DA'M MEDIAN CONCRETE REPLACEMENT SCHEDULE /LOCATION MAP DRAWING ND. Med. 2 CITY OF NEWPORT MEDIAN CONCRETE REPLACEMENT SCHEDULE /LOCATION MAP DATE DRAWING NO. Med. 3 r.t _ BIG CANYON RES ; P 02 0 GP 5� q P P P4c,, VlfW Dp - < ___SAN JOAp U1N HFLL6 RD _ �_ OCEAN BIRCH DR -CATAMARAN DR -, BLUE KEY 2 - y SIC X h T L_ y O _ A I O 544ft CITY OF NEWPORT MEDIAN CONCRETE REPLACEMENT SCHEDULE /LOCATION MAP DATE DRAWING NO. Med. 3 CITY OF NEWPORT BEACH DRAwN DATE Y PUBLIC WORKS DEPARTMENT MEDIAN CONCRETE REPLACEMENT SCHEDULE /LOCATION MAP DRAWING ND. Mod. 4 0,3 UAR �D��LQ m r I BIG CANYON RES C PAppC c� VIEw — . - 414y4 ; _ -. -aAN IDAUJIN HILLS y, -- - CATAMARAN DR--,-) t BLUE KEY. W f- - n I _ Ip 1p w + TILLER WAY, 2 CITY OF NEWPORT BEACH DRAwN DATE Y PUBLIC WORKS DEPARTMENT MEDIAN CONCRETE REPLACEMENT SCHEDULE /LOCATION MAP DRAWING ND. Mod. 4 • i 7 C) n� 9 1 I` /j O,p t1 i II Y _ o , S(C S94- A - - T BA 'FRONT W 'a C� zw -_ x 0 SCO _ i F 9Z rA,yR P- OR z r �P ^.- .0 P _ TOR Q PARK AVE w �p LJ rT :5 BAY FROM -' " 9 0 544ft ' CITY OF NEWPORT BEACH I DRAW" DATE PUBLIC WORKS DEPARTMENT MEDIAN CONCRETE REPLACEMENT SCHEDULE /LOCATION MAP DRAWING NO. Med. 5 0 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT JAS! 2 7 ?P.nq Agenda Item No. 11 January 27, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen Luy, Principal Civil Engineer 949 - 644 -3330 or sluy @city.newport- beach.ca.us SUBJECT: 2008 -2009 SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM - AWARD OF CONTRACT NO. 4072 Recommendations: 1. Approve the project plans and specifications. 2. Award Contract No. 4072 to Grigolla & Sons Construction Company for the Total Bid Price of $554,145.50 and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $55,400 (10% of Total Bid) to cover the cost of unforeseen work. Discussion: At 11:00 a.m. on January 8, 2009, the City Clerk opened and read the following bids for this project: TOTAL BID AMOUNT '$555,773.00 $562,091.40 $572,429.00 $587,595.81 $636,627.00 $661,790.00 $665,985.00 $666,666.00 $675,162.46 $689,921.75 $726,420.00 $753,476.00 $759,524.00 $800,000.00 ' Corrected Bid Amount is $554,145.50 BIDDER Low Grigolla & Sons Const. Co. 2 Unique Performance Const. 3 D & L Wheeler Enterprises 4 Ortiz Asphalt Paving, Inc. 5 Excel Paving Company 6 Pima Corporation 7 CJ Construction, Inc. 8 EBS Inc. 9 DBL Construction Corp. 10 Ruiz Engineering Inc. 11 Peterson -Chase 12 S. Parker Engineering, Inc. 13 Hardy & Harper, Inc. 14 Nobest Inc. TOTAL BID AMOUNT '$555,773.00 $562,091.40 $572,429.00 $587,595.81 $636,627.00 $661,790.00 $665,985.00 $666,666.00 $675,162.46 $689,921.75 $726,420.00 $753,476.00 $759,524.00 $800,000.00 ' Corrected Bid Amount is $554,145.50 2008 -09 Sidewalk, Curb & Gutter Replacement gram — Award of Contract No. 4072 January 27, 2009 Page: 2 The low total bid amount is seventeen percent below the Engineer's Estimate of $666,000. The difference between the engineer's estimate and the low bid amount may be related to the current down turn in the economy and the number of contractors looking for work. The low bidder, Grigolla & Sons Construction Co. Inc., possesses a California State Contractor's License Classification "A" as required by the project specifications. A check of the Contractor's references indicate it has satisfactorily completed similar projects for other local public agencies. Staff contacted the City of Claremont, City of West Covina and the Downey Unified School district regarding the Contractor's experience and received favorable recommendations. The work consists of removing existing sidewalk, curb and gutter, driveway approaches, access ramps, medians, root removal /pruning, constructing new sidewalk, curb and gutter, driveway approaches, access ramps, medians, and installing new tree root barriers per City standards. Pursuant to the Contract Specifications, Grigolla & Sons will have one hundred consecutive working days to complete the construction. Liquidated damages in the amount of $500 per calendar day will be assessed if Grigolla & Sons fails to complete the building construction within the allotted time. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 (Replacement or Reconstruction) of the CEQA Implementation Guidelines. This Exemption covers the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work two City prepared notices are distributed by the contractor to both residents and the nearby elementary school. The first notice will be distributed ten days before work and the second notice 48 hours prior to starting work. Other Costs: In addition to the contract costs, $2,000 is included for printing and other incidentals. Surveying, geotechnical engineering, and consultant inspection services are not required for this project. Funding Availability: • 2008 -09 Sidewalk, Curb & Gutter ReplacemenfProgram — Award of Contract No. 4072 January 27, 2009 Page: 3 There are sufficient funds available in the following account for the project: Account Description General Fund Proposed uses are as follows: Vendor Grigolla & Sons Construction Co. Inc. Grigolla & Sons Construction Co. Inc. Various Prepared by: Stephe Luy Associate Civil Engineer Account Number Amount 7013- C2001009 $ 611,545.50 Purpose Amount Construction Contract $ 554,145.50 Construction Contingency $ 55,400.00 Printing and Incidentals $ 2,000.00 Total: $ 611,545.50 Submitted by: I ti e4 Stephe G. adum Public Works Director • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2008 -2009 SIDEWALK CURB & GUTTER REPLACEMENT PROGRAM Contract No. 4072 CONTRACT THIS AGREEMENT, entered into this_ day of , 2009, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Grigolla and Sons Construction Co., Inc., a California corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work- 20092008-2009 SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM The majority of the work necessary for the completion of this contract consists of removing existing sidewalk, curb and gutter, driveway approaches, access ramps, medians, root removal /pruning, constructing new PCC sidewalk, curb and gutter, driveway approaches, access ramps, medians, installing new tree root barriers per City standards, and other incidental items of work. 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, Notice to Successful Bidders, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 4072, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents, B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 23 0 0 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Five Hundred Fifty -Four Thousand, One Hundred Forty -Five Dollars and Fifty Cents ($554,145.50). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 et seq.). E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Stephen J. Luy, P.E. (949)644-3330 Grigolla R Sons Construction Co., Inc. P.O. Box 949 Azusa, CA 91702 626- 334 -6634 626- 334 -5591 Fax F. INSURANCE Without limiting Contractor's indemnification of City, and rip for to commencement of work Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. 1. Certificates of Insurance. Contractor shall provide original certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this contract. 24 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. 2. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the Stale of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 4. Coverage Requirements. a. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. b. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. c. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. 5. 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. 25 0 0 6. 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 elected or appointed 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 elected or appointed officers, officials, employees, agents or volunteers. ii. Contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractors 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. vi. The insurer shall agree to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. b) 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. Timely Notice of Claims — Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this agreement. 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. 26 0 0 7. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and resioring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the. Work damaged is built in accordance with the plans and specifications. 8. 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. G. RESPONSIBILITY FOR DAMAGES OR INJURY 1. 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. 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. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. H. 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 27 9 performed, and has correlated all relevant observations with the requirements of the Contract Documents. 1. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. J. 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. ATTEST: CITY CLERK APPROVED AS TO FORM: - 4 C AARON C. HARP Assistant City Attorney CITY OF NEWPORT BEACH A Municipal Corporation By: Mayor GRIGOLLA & SONS CONSTRUCTION CO., INC. By: _ Title: (Corporate Officer) Print Name: By: (Financial Officer) Title: Print Name: Please note: Corporations must complete and sign both places above even if each office is held by the same individual NW!