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HomeMy WebLinkAboutC-4316 - Ocean Front Street and Alley ReplacementM OFFICE OF THE CITY CLERK Leilani I. Brown, MMC November 9, 2012 Mr, Larry Nodland Nobest Incorporated. 7600 Acacia Avenue Garden Grove, CA 92841, Subject: Ocean Front Street and Alley Replacement - C -4316. Dear Mr. Nodland: On November 8, 2011, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on November 18, 2011. Reference No. 2011000588582. The Surety for the contract is Ullico Casualty Company and the bond number is SB 015 000 113. Enclosed is the Faithful. Performance Bond. Sincerely, �'f7 Leilani 1. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1968 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN FRONT STREET AND ALLEY REPLACEMENT 14TH TO 21ST STREETS CONTRACT NO. 4316 BOND NO, SB 015 000 113 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $__12,570-00 being at the rate of $ 13.86 per thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California„ by motion adopted, awarded to NOBEST INCORPORATED, a California corporation, hereinafter designated as the "Principal ", a contract for construction of OCEAN FRONT STREET AND ALLEY REPLACEMENT 14TH TO 21ST STREETS, Contract No. 4316 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 4316 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Ullico Casualty Company duly authorized to transact business under the laws of the State of California as Surety {hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of Nine Hundred Seven Thousand and 001100 Dollars ($907,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and CIO] it does hereby waive notice of any Such change, extension of time, alterations or additions of the Contract 0rha the work nrto the specifications. This Faithful Podhonunn8 Bond shall boextended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceplance of the Project by the City, In the event that the Principal executed this bond as an individual, it in 8y/oed that the death of any such Principal shall not exonerate the Surety from its obligations oodarthio Bond- IN WITNESS WHEREOF, this instrument has been du|yrxeouted by !he Principal and Surety above named, onthe 25th day of } ____,2811, /~ NoOest Incorporated Bidder ~'----- Ullico Casualty Company Name of Surety 2600 West Olive Ave., 5th Floor, Address of &jrety 818-337'5195 Telephone Signature Matthew J. Coats, Attorney in Fact Print Name and Title /o41� NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 31 III IM-74 e • N09 " 1.. State of California County of Orange On January 25,2011 before me, Kay E. Anderson /Notary Public (Here insert name and title of the officer) personally appeared •. ..I who proved to me on the basis of satisfactory evidence to be the person;) whose namesyis /subscribed to the within instrument and acknowledged to me that he 15hdffirey^executed the same in his/jlsrtlkaei4'authorized capacity, and that by hislJterlperr signature on the instrument the person or the entity upon behalf of which the personyacted, 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 m hand and official seal. ignature of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACKED DOCUMENT „(Tile or description of attached document) (file or description of attached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER KAYE.ANDERSON Individual (s) CONIK #1852452 0 () NOTARYPUBLIC•CALIFOMM O (Title) ORANGECOUWY u y MyComen.Expke hir*13.2013 Y (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACKED DOCUMENT „(Tile or description of attached document) (file or description of attached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ® Corporate Officer President (Title) ❑ Piumer(s) • Attorney -in -Fact • Trustee(s) ❑ Other 2008 Vemion CAPA v12.10.07 800- 873 -9865 www.NotayClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknmvledgmem completed in Californta must contain verbiage exactly as appears above in the tasty section or a separate acknowledgment form mast be properly completed and attached to that document. The only exception is if a docament is to be recorded outside ofCalrforma. In such instances, any alternative w1mreledgment verbiage or may be primed on such a document so long as the verbiage does tar require the notary to do something that is iltega7 for a rotary in Cabfornra #i c cernfying the authorized capacity of the signer). Please check the document carefullyfor proper notarial wording and attach this farm if required • State and County information must be the State and Country where the document signer(s) personally appeared before the money public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The rotary public must print his or her mane as it appears within his or her commission followed by a canna and then your title (notary public). • Print the mme(s) of document signers) who personally appear at the time of notarization, • Indicate the coma singular or plural forms by crossing off incorrect forms (i.e, kehsheJthey; is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection ofdocument recording, • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seai if a suifc m a area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. R Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. , Indicate title or type of attached documrent, number of pages and date. @ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (Le, CEO, CFO, Secretary). • Securety attach this document to the signed document ACKNOWLEDGMENT 04 OE tB P C .....Et 0. M t 19 P 4 P O. Y t Y B t W Y t .............. t 9 t Y 6 l 6. P t. t Etl...... n.. Y M R O O Y t� State of California County of _— On _ Public, ss. before me, appeared proved to me on the basis) subscribed to the within ins same in his/her /their author instrument the person(s), or instrument. I certify under PENALTY OF foregoing paragraph is true and Notary isfactory evidence to be the person(s) whose name(s) is /are ;nt and acknowledged to me that helshe /they executed the capacity(ies), and that by his /her /their signatures(s) on the mtity upon behalf of which the person(s) acted, executed the WITNESS my hand and official seat. Signature under the laws of the State of California that the (seat) ...•1110 EC10*. tEEPiI•t•EE.. 0 .....Netttt.YEMtttP,.Ettt.RRtttt w..EE.Vttt Mir.. w ...... OPTIONAL Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign language Type of Satisfactory Evidence. Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer Trustee Power of Attorney CEO1CFO1COO President / VicP- President I Secretary / Treasurer Other_ Other Information: WA Thumbprint of Signer [� Check here if no thumbprint or fingerprint is available ACKNOWLEDGMENT ........... a...... a....aa...Gll% ................. s... a.... a.... a. a a a a... a.. a a... State of California County of ss. On before me, Notary Public, personally appeared proved to me on the basis \thetity actory evidence to be the person(s) whose name(s) is /are subscribed to the within int and acknowledged to me that helshelthey executed the same in his /her /their authoapacity(ies), and that by his /her/their signatures(s) on the instrument the person(s), o upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PER RY under the laws of the State of California that the foregoing paragraph is true and carrac WITNESS my hand and official seal. Signature (seat) gY.lM ..............q M0111 P................. Mq ................ 0................ OPTIONAL INFO' MAV Date of Document Thumbprint of Signer Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence _ Personally Known with Paper Identification _ Paper Identification Credible Witness(es) �. ❑ Check hero if Capacity of Signer: no thumbprint _ Trustee or iin,erprint Power of Attorney is available CEOICFOICOO President ( Vice. President I Secretary I Treasurer Other: Other Information, 33 :III I!' ! • � I I 1 State of California County of Orange On JAN V5 ZQIJ before me, Adelaide C. Hunter, Notary Public (insert name and title of the officer) personally appeared Matthew J. Coats who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is /are subscribed to the within instrument and acknowledged to me that hehhelth executed the same in his /herAheix authorized capacity(ics), and that by hisiirer/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. Signature A 6� - --- --- ADELAIDE C, HUNTER Commission # 1808793 <' -eC Notary Public -- California �.. " Orange County '- May Comm�Expires Aug 8, 2012 vullico Po ULLICO Casualty Company 1625 Bye Street, N.W. Washington D.C. 20005 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That ULLICO CASUALTY COMPANY (the Company), a corporation organized and existing under the laws of the State of Delaware, does hereby constitute and appoint: Linda D. Coats, Matthew J. Coats, Douglas A. Rapp , & Timothy D. Rapp of Linda D. Coats Surety Insurance Services, Inc. Its we and lawful Attorney (s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances mid other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $5,000,000.00. Th is Power of Attorney is granted and is signed an d seated by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of ULLICO Casualty Company at a meeting duly called the ISdt day of July, 2009. RESOLVED: 'That the Board of Directors hereby authorizes the President or my Via President of the Company to: (1) Appoint Attomey(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Altomey -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officer s and the seal of the Company maybe affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signalises and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, ULLICO CASUALTY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized office this 25th day of JanttatY 20 11 . i,,,E,-Tk- Daniel Aronowitz President ULLICO Casualty Company, a Delaware Corporation. On this 16th day of July 2009, before me came the individual who executed the preceding hisimmar, tome personally known. and being by me duly sworn said that he is the therein doscribcd and authorized officer of the ULLICO CASUALTY COMPANY; that the seal affixed to said instrument is the Corpo,.^ate seal of said Company; that the said Corporate Seal and his signature were duty affixed. Notary Public CATHERINE M. OBRtEN NOTARY PUBLIC STATE OF MARYLAND MONTGOMERY COUNTY MY COMMISSION FXPIRESJANUARY 21, 2012 CERTIFICATE 1, Teresa E. Valentine, Senior Vice President, General Counsel and Secretary of ULLICO Casualty Company, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 15th day of July 2009 are line and correct and are sill in Hill force and effect. I do Anther certify that that Daniel Aronowitz, who executed the Power of Attorney as President, was on the date of execution of the attachcdPowar of Attmrcy the duty elected President of ULLICO Casualty Company, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this le day of July 2009. Teresa E. Valentine^'~ Senior Vice President, General Counsel & Secretary ULLICO Casualty Company OFFICE OF THE CITY CLERK Lcilani 1. Brown, MMC December 23, 2011 Mr. Larry Nodland Nobest Incorporated 7600 Acacia Avenue Garden Grove, CA 92841 Subject: Ocean Front Street and Alley Replacement - C-4316 Dear Mr. Nodland: On November 8, 2011, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on November 18, 2011, Reference No. 2011000588582, The Surety for the bond is Ullico Casualty Company and the bond number is SB 015 000 113. Enclosed is the Labor & Materials Payment Bond. I Leita'ini: 11'. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard , Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.city.newpor-t-beach.ca.us CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN FRONT STREET AND ALLEY REPLACEMENT 14TH TO 21ST STREETS CONTRACT NO. 4316 BOND NO. SB 0I5 000 113 Premium Included with Performance Bond WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to NOBEST INCORPORATED, a California corporation, a hereinafter designated as the "Principal," a contract for construction of OCEAN FRONT STREET AND ALLEY REPLACEMENT 14TH TO 21ST STREETS, Contract No. 4316 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 4316 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, "THEREFORE, We the undersigned Principal, and, Lillico Casualty Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety) are held firmly bound unto the City of Newport Beach, in the sum of Nine Hundred Seven Thousand and 001100 Dollars ($907,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq, of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder 34 or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Band as an individual, it is agreed that the death of any such principal shall not exonerate the Surety frorn its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above narned Principal and Surety, on the 25th day of _ , January , 2041. Nobest Incorporated Bidder Ullico Casualty Company Name of Surety 2600 West Olive Ave., 5th Floor, Burbank, CA 91505 Matthew J. Coats, Attorney in Fact Address of Surety Print Name and Title 818 - 333 -5195 Telephone 93101 State of California County of Orange On January 25, 2011 before me, Kay E. Anderson /Notary Public (here insert name and title o € the officer) personally appeared Larry Nodland who proved to me on the basis of satisfactory evidence to be the personX)whose name0yis /ape'subscribed to the within instrument and acknowledged to me that he / §hcfIe3- executed the same in his /b~authorized capacity, and that by hisW signatures'an the instrument the person); or the entity upon behalf of which the person 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. E.Ati4ERS00 COMM. #1852452 O WITNESS my hand and official seal. p NoTARYPUauc- cAUpoRNw 1 (? .h zpd ORANGE COUNTY ..+ O MY Gomm.ga,Jnne 73.2073 Signatureo Notary Public) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT „(Title or description of attached document) (Title or description ofanached docwnent continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER © Individual (s) * Corporate Officer President (ritle) * Partner(s) ❑ Attorney -in -fact 0 Trustee(s) ❑ Other 2068 Version CAPA vl2,10.07 800- 873 -9865 www.NetaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Cahforma must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is tf a document is to be recorded oulmde, of California In such rotaries, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that U illegal for a notary in California (%e. cersthang the authorized capacity of the signer). Pkase check the document earefullyfor proper mace td wording and attach this form if required • State and County information most be the State and County where the document signer(s) personally appeared before the notary public for aclmowledginent • Date of nouuin lion most be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by acomma and then your tille(notarypublic). • Print the names) of document signer(s) who personally appear at the time of notarisation. • indicate the correct singular or plural forms by crossing off incorrect forms (i.e. hdsheldioy� is Iere) or circling the correct fomrs. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seat impression smudges, re -seal if a sufficient area par ribs, otherwise complete a different aclmowiedgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. re Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document number of pages and date. +'r Indicate the capacity, claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document ACKNOWLEDGMENT .............................. ............................... Z................I State of California County of _ proved to me on the basis of � subscribed to the within instrur same in his /her /their authorize( instrument the person(s), or the instrument. ss. before me, Notary who ictory evidence to be the person(s) whose name(s) is /are and acknowledged to me that he /shelthey executed the 7acity(ies), and that by his /her /their signatures(s) on the ty upon behalf of which the person(s) acted, executed the I certify under PENALTY OF PERAN foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature tinder the laws of the State of California that the (seal) .................. .........................*.k... 0............................. OPTIONAL INFORMA Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence. Personally Known with Paper Identification Paper Identification _�. Credible W itness(es) Capacity of Signer Trustee Power of Attorney CEO /CFO /COO ~� President I Vice - President / Secretary / Treasurer Other: Other :RR Thumbprint of Signer [) Check here if no thumborint or fingerprint is avaiiabie. ACKNOWLEDGMENT .. X .... g140010G t6011[OY0Y t00019 .. ............................... M1 C111tl OYl GM1l01 State of California County of N proved to me on the NE subscribed to the withi same in his /her /their awl instrument the person(s), instrument. ss. before me, appeared Notary who s of satisfactory evidence to be the person(s) whose name(s) is /are instrument and acknowledged to me that helshe /they executed the rXorized capacity(ies), and that by his /herlthelr signatures(s) on the the entity upon behalf of which the person(s) acted, executed the I certify under PENALTY OF \ERJURY under the laws of the State of California that the foregoing paragraph is true and orrect. WITNESS my hand and official Signature e..11 M 1111 t 1..l Yk.. l 1 C 111 \11 Y 1. V l.. f.. OPTIONAL Date of Document Type or Title of Document Number of Pages In Document Document in a Foreign Language Type of Satisfactory Evidence. _. Personally Known with Paper Identification Paper identification Credible Witness(es) (seat) MGM C Y 1111 Y Y Y All. 11 Y f C 11. 111 Y Y 19 \1111 Y 111 Capacity of Signer: Trustee, Power of Attorney _ CEO I CFO t COCA President / Vice - President / Secretary / Treasurer Other: Other 37 Thumbprint of Signer [� Check hers it no thumbprini or fingerprint is available i State of California County of Orange On JAN 2 5 2011 before me, • Adelaide C. Hunter, Notary Public (insert name and title of the officer) personally appeared Matthew J. Coats who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /am subscribed to the within instrument and acknowledged to me that hefshcfthey executed the same in bisfherAheir authorized capacity(ics), and that by hisfherftheir signature(s) on the instrument the person(s), or the entity upon behalf ofwhich 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. ADELAIDE C. HUNTER e Commission # 18087$3 -m Notary Public •• California g Orange County Signature o My Comm. Expires Au 8, 2012 ULLICO Casualty i Company V011co 1625 Eye Street, N. W. Washington D.C. 20006 Power or Attorney KNOW ALL PERSONS BY THESE PRESENTS: That ULLICO CASUALTY COMPANY (tire Company), a corporation organized and existing under the laws of the State of Delaware, does hereby constitute and appoint: Linda D. Coats, Matthew L Coats, Douglas A Rapp, & Timothy D. Rapp of Linda D. Coats Surety Insurance Services, Inc. Its one and lawful Attorney (s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business andto bind the Company thereby, in an amount not to exceed $5,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of ULLICO Casualty Company at a meeting duly called the 15th day of July, 2009- RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attorney(s) in Pact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seat of the Company thereto; and (2) to removc, at any tine, any such Attorney -in -Pact and revoke the authmitygivea, And be it FURTHER RESOLVED: chat the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond a undertaking to which it is attached. IN TESTIMONY WHEREOF, ULLICO CASUALTY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized office this 25th day of January _20 11 = x5 Daniel Aronowitz President ULLICO Casualty Company, a Delaware Corporation. On this 16th day of July 2009, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swam said that he is the therein described and authorized officer of the ULLICO CASUALTY COMPANY; that the seal affixed to said instrument is the Corporate seat of said Company, that the said Corporate Seal and his signature were duty affixed. i 2 r a Nol ary Public CATHERINE M. OBRIEN NOTARY PUBLIC STATE OF MARYLAND MONTGOMERY COUNTY MY COMMISSION EXPIRES JANUARY 21, 2012 CERTIFICATE I, Teresa E. Valentine, Senior Vice President, General Counsel mid Secretary of ULLICO Casualty Company, der herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 16dr day of July 2009 are We and correct and are still in full force and effect. I do further certify thatthat Daniel Aronowitz, who executed the Power of Auomey as President, was on the date of execution of the attached Paver of Altomey the duly elected President of ULLICO Casualty Company, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this le day of July 2009. Teresa E. Valentine Senior Vice President, General Counsel & Secretary ULLICO Casualty Company �CZ Recorded in Official Records, Orange County IIII IllllilVIII►�IaIIIIhYlllllllllllllll►IIIIIIIII rder RECEIVE RECORDING REQUESTED BY AND IIIIIIIIIIIIIIIIIIIIIIII NO FEE WHEN RECORDED RE70 UFkl/Tf2011000588582 10:06 am 11/18/11 AM I(�474418N12 1 City Clerk OFFIC0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 City of Newport Beach THE CITYE OF Ci ERK 3300 Newport BoulevarRITY CF "�I`;1'^QRr BEA(, -H Newport Beach, CA 92663 "Exempt from recording fees L. pursuant to Government Code Section 27383 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Nobest Incorporated of Westminster, CA, as Contractor, entered into a Contract on February 8, 2011. Said Contract set forth certain improvements, as follows: Ocean Front Street and Alley Replacement - (C-4316) Work on said Contract was completed, and was found to be acceptable on November 8, 2011, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Ullico Casualty Company. ublic t Director ity ofNewport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on Dimpa-9, 1�01� , at Newport Beach, California. BY 464� City Clerk OD a D1114 �. �! r •. r OFFICE OF THE CITY CLERK Leilani 1. Brown, MMC November 9, 2011 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following projects: 2010 -2011 Ocean Piers Maintenance (C -4682) • Balboa Island & Other City Sewer Main Points Repairs (C -3802) e 2010 -2011 Citywide Slurry Sea] (C -4604) • Central Balboa Water & Sewer Improvements (C -4067) • Wastewater Pump Station Rehabilitation (C -3804) • Ocean Front Street and Alley Replacement (C -4316) Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, au�e.Q. w__ - -. Leilani I. Brown, MMC City Clerk Enclosures 3300 Newport Boulevard - Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 . cvww.city.newport- beach.ca.us RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Nobest Incorporated of Westminster, CA, as Contractor, entered into a Contract on February 8, 2011. Said Contract set forth certain improvements, as follows: Ocean Front Street and Alley Replacement - {C -4396} Work on said Contract was completed, and was found to be acceptable on November 8 2019, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Ullico Casualty Company. m1 ,, VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on .,_ /�Dim PA= � at Newport Beach, California. BY ii g } City Clerk 1• - •- i TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949 -644 -3311, sbadum @newportbeachca.gov PREPARED BY: Frank Tran, Associate Civil Engineer APPROVED: TITLE: Ocean Front Street and Alley Replacement - Completion and Acceptance of Contract No. 4316 ABSTRACT: On February 8, 2011, City Council awarded Contract No. 4316 (Ocean Front Street and Ailey Replacement) to Nobest, Inc., for a total contract cost of $907,000 plus a 15% allowance for contingencies. The required work is now complete and staff requests City Council acceptance and close out of the contract. RECOMMENDATIONS: 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. 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 one year after this Council acceptance, FUNDING REQUIREMENTS: Funds for the construction contract were expended from the following accounts: Account Description General Fund AD -99 Street Rehabilitation AD -99 Const. Contingency Water Enterprise Fund Wastewater Enterprise Fund Oil Field Maintenance & Repair Account Number Amount 7013- C2002033 $357,204.63 74099 -9804 209,580.46 74099 -9805 154,011.32 7511- C2002033 165,764.09 7531- C7001002 10,780.00 5400 -8160 34.000.00 Total: $931,340.50 DISCUSSION: Ocean Front Street and Alley Replacement — Completion and Acceptance of Contract No, 4316 November 08, 2011 Page 2 Overall Contract CostfTime Summary Awarded Final Cost at Contingency Actual Contract Time Contract Amount Completion Target Contract Time Under { -) Change (days) or Over { +) $907,000.00 $931,340.50 15% or less +27% 100 0 The work necessary for the completion of this contract consisted of removing existing asphalt and concrete alleys and constructing new concrete alleys, adjusting utilities to grade and performing other appurtenant and incidental items of work as required. The alley replacement included in this contract was the final work effort for the Assessment District 99 Utility Underground District. In addition, asphalt concrete overlay was completed on 19th Street from Balboa Boulevard to the Newport Channel; concrete pavement, and sidewalk replacement was completed on cross streets from 14th Street to 20th Street between Balboa Boulevard and Ocean Front sidewalk. The work also included constructing an 8 -inch thick concrete containment pad at the City of Newport Beach's Oil and Gas Facility in West Newport for compliance with the City's Spill Control and Countermeasure Plan (SPCC). This containment facility was required by the EPA to prevent the spill of crude oil from contaminating navigable waters such as the canal north of Newport Shores community when transferring crude oil from the facility to tanker transport trucks. 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: $907,000.00 Actual cost of bid items constructed: $876,478.00 Total change orders: $54,862.50 Final contract cast: $931,340.50 Actual cost of bid items constructed was less than the original bid amount due to actual quantities constructed. The final construction contract cost was approximately 2.7 percent above the original bid amount. The additional cost resulted from the opportunity to include replacing and re- finishing existing handrails, and bollards in the work area, as well as upgrading telephone and cable TV pull boxes. Ocean Front Street and Alley Replacement — Completion and Acceptance of Contract No. 4316 November 08, 2011 Page 3 A summary of the project schedule is as follows: Estimated Completion Date per 2010 Baseline Schedule August 12, 2011 Project Awarded for Construction March 14, 2011 Completion Date from Award with Approved Extensions August 2, 2011 Actual Substantial Construction Completion Date August 2, 2011 ENVIRONMENTAL REVIEW: City Council found this project exempt from the California Environmental Quality Act ('CEQA ") pursuant to Section 15301(c). This exemption covers the minor alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: baepnerW. tsaaum Public Works Director Attachment: A. Location Map a LOCATION MAP OCEAN FRONT STREET & ALLEY REPLACEMENT - 14TH TO 21 ST STREETS C -4316 � � A mot` ' °RTC / y I NEWPORT CHANNEL �j O BAY AVE. 1 }}( i x .77 TL�7t .- ry 111, 7 hl L L LAS ARENAS PARK WEST BALBOA BLVD.^'" -- ! Till / I IA ICE 6 i SAL S - A'L � 5 - A E 6. L gYj -- I I ����I � I Q` h O �7- FRONT N F F: N 0 0 0 a N QS PROJECT AREA J PROJECT M1 LOCATION IA MESS ?/yTR�RMS BITTER POINT CONCRETE CONTAINMENT PAD N.T.S. Attachment A CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 AM on the 19th day of January, 2011, at which time such bids shall be opened and read for OCEAN FRONT STREET AND ALLEY REPLACEMENT -14TH TO 21ST STREETS Title of Project CONTRACT NO. 4316 $1,400,000 Engineer's Estimate • t . Stephen G. Badum Public Works Director Prospective bidders may obtain one set of bid documents for $20 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification required for this project: "A" For further information, call Frank Tran, Project Manager at (949) 644 -3340 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.NewportBeachCA.gov CLICK: Online Services /Bidding & Bid Results CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN FRONT STREET AND ALLEY REPLACEMENT 14TH TO 21 ST STREETS 1010]kq I1:7-ITOdo[93 MI TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ......................................................... ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................9 NON - COLLUSION AFFIDAVIT ........................................... .............................12 DESIGNATION OF SURETIES ........................................... .............................13 CONTRACTOR'S INDUSTRIAL SAFETY RECORD ........................ .............................14 ACKNOWLEDGEMENT OF ADDENDA ........................................... .............................16 INFORMATION REQUIRED OF BIDDER ........................................ .............................17 NOTICE TO SUCCESSFUL BIDDER ............................................... .............................22 CONTRACT...................................................................................... .............................23 FAITHFUL PERFORMANCE BOND ................................................ .............................30 LABOR AND MATERIALS PAYMENT BOND ............................... .............................34 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEANFRONT STREET AND ALLEY REPLACEMENT - 14TH TO 21ST STREETS CONTRACT NO. 4316 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 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEANFRONT STREET AND ALLEY REPLACEMENT - 14TH TO 21ST STREETS 1016019 ail [.] W-1 101I 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 by the Contractor 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. 3M"2 A Contractor's License No. & Classification Bidder Date 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEANFRONT STREET AND ALLEY REPLACEMENT - 14TH TO 21ST STREETS CONTRACT NO. 4316 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten percent of the total amount of the bid Dollars ($ I00 /G ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of OCEANFRONT STREET AND ALLEY REPLACEMENT - 14TH TO 21ST STREETS, Contract No. 4316 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of 'Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 4th day of January , 2011. Nobest Incorporated Name of Contractor (Principal) Ullico Casualty Company Name of Surety 2600 West Olive Ave., 5th Floor, Burbank, CA 91505 Address of Surety (818)333 -5195 Telephone Matthew J. Coats, Attorney in Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 7:�¢CS CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On before me, Kay E. Anderson /Notary Public (Here insert name and tide of the officer) personally appeared Larry Nodland who proved to me on the basis of satisfactory evidence to be the person(4whose name(4is� subscribed to the within instrument and acknowledged to me that helg iltlyef executed the same in his/4ef7tlp3l authorized capacityW, and that by his /tpf/thf signature,fon the instrument the personX or the entity upon behalf of which the person 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. :rte r DESCRIPTION OF THE ATTACHED DOCUMENT „(fide or description of attached document) (ride or description of attached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAWED BY THE SIGNER ❑ Individual (s) Corporate Officer President (Tide) ❑ PartneT(s) ❑ Attomey -in -Fact ❑ Trustee(s) ❑ Other 2008Vcrsion CAPAvl2.10. 07800 - 8719865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California mast contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and anached to tot document The only exception is if a docvmew is to be recorded outside of California In such instances, any altemmive acknowledgmew verbiage as may be primed on such a document so long as the verbiage does not require the notaty, to do something that is illegal for a notary in Caltfomia (i.e certifying the authorized eopacby of the signer). Please check the document rwrefullyfor proper notanal wording and anach dusform ifrequu ed • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your tide (notary public). • Print the mme(s) of document signer(s) who personally appear at the time of notsriffiuoa • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Wshdtheyr is /are) or circling the correct forms. Failure to correctly indicate this information may lead to re)emion of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment roan • Signature of the notary public must match the signature on fie with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. . Indicate title or type of attached documen4 number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a • corporate offitxr, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document State of California County of Orange On JAN 0 4 2011 before me, Adelaide C. Hunter, Notary Public (insert name and title of the officer) personally appeared Matthew J. Coats 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 hefshe/they executed the same in hisAxr/their authorized capacity(ies), and that by his/herA+reir signature(s) on the instrument the person(s), or the entity upon behalf ofwhich 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. Signature A i f hNw t ADELAIDE C. HUNTER Commission # 1808793 m Notary Public -- California ' Orange County '- My Comm. Expires Aug B. 2012 VU• ULLICO Casualty Company I I lCO 1625 Eye Street, N.W. Washington D.C. 20006 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That ULLICO CASUALTY COMPANY (the Company), a corporation organized and existing under the laws of the State of Delaware does hereby constitute and appoint Linda D. Coats, Matthew J. Coats, Douglas A. Rapp, & Timothy D. Rapp of Linda D. Coats Surety Insuirance Services, Inc. Its We and lawful Attorney (s) in fact with full authority to execute on its behalf bands. undertakings, recognizances and otter contracts of indeomity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby. in an amount not to "cad $5,000, 000.00. Th is Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of ULLICO Casualty Company at a mating duly called the 15th day of July. 2009. RESOLVED: That the Board of Directors hereby authorizes the President or my Vice President of the Company lo: (1) Appoint Atomey(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contacts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at my thee, any such Attomey-in -Fact and revoke the anthoritygiven. And be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to my such Power of Attorney or certificate relating thereto by facsimile, and my such Power of Atomey so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to my bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, ULLICO CASUALTY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized office this 4th dayof January 20 11 . s:oeNr Daniel Amnowitz President ULLICO Casualty Company, a Delaware Corporation. On this 16th day of July 2009, before me cane the individual who executed the preceding instmment, to me personally (mown, and being by me duly swom said that be is the therein described and authorized officer of the ULLICO CASUALTY COMPANY; that the seal affixed to said instrument is the Corporate sat of AW Company, that the said Corporate Seal and his signature were duty affixed. Notary Public CATHERINE M. OBRIEN NOTARY PUBLIC STATE OF MARYLAND MONTGOMERY COUNTY MY COMMISSION EXPIRES JANUARY 21, 2012 CERTIFICATE i, Teresa E. Valentine, Senior Vice President, General Counsel and Secretary of ULLICO Casualty Company, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 16th day of July 2009 are true and correct and are still in full force and effect. I do further certify that that Daniel Aronowitz, who executed the Power of Atomcy as Presidmt, was on the date of execution of the attached Power of Attorney the duly elected President of ULLICO Casualty Company, In Testimony Whaeof I have subscribed my name and affixed the facsimile seal of each Company this l e day of July 2009. Teresa E. Valentine Senior Vice President, General Counsel & Secretary ULLICO Casualty Company CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEANFRONT STREET AND ALLEY REPLACEMENT - 14TH TO 21ST STREETS CONTRACT NO. 4316 ACKNOWLEDGMENT •...... Y1...... 0 .. ........................a..901t a . . . . . . . . . . . a................1 State of California County of On Public, personally ss. before me, Notary proved to me on the basis satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within inst ment and acknowledged to me that he /she /they executed the same in his /her /their authoriz capacity(ies), and that by his /her /their signatures(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 PE URY under the laws of the State of California that the foregoing paragraph is true and Corr t. WITNESS my hand and official seal. Signature (seal) ......................................)p......... ............................... OPTIONAL IMFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification _ Paper Identification _Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO /CFO /COO _ President I Vice - President / Secretary / Treasurer Other: 6-01W Information: Thumbprint of Signer E] Check here if no thtnnbprinl or fingerprint is available. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEANFRONT STREET AND ALLEY REPLACEMENT - 14TH TO 21ST STREETS CONTRACT NO. 4316 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 Contractors total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. . The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work % of Number Total Bid Name: S41pel' -UP Y Address: Phone: State License Number: % X 3X Name: Address: Phone: State License Number: Name: Address: Phone: Slate License Number: Bidder V__Aa��Ci LI;0,51,41alll A ttio e ignatu e/Title CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEANFRONT STREET AND ALLEY REPLACEMENT - 14TH TO 21 ST STREETS CONTRACT NO. 4316 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name l r�40st 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 Q(� She q 1P Approximate Construction Dates: From Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. D C' LLb "-5 O•✓ 4-,/ y Ell CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEANFRONT STREET AND ALLEY REPLACEMENT - 14TH TO 21 ST STREETS CONTRACT NO. 4316 No. 2 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name /Number Project Description Approximate Construction Dates: From To: Agency Name Contact Person Telephone Original Contract Amount $ Final Contract Amount $_ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEANFRONT STREET AND ALLEY REPLACEMENT - 14TH TO 21ST STREETS CONTRACT NO. 4316 No. 4 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person F1 Telephone ( Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name /Number Project Description Approximate Construction Dates: From To: Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. iN] CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEANFRONT STREET AND ALLEY REPLACEMENT - 14TH TO 21ST STREETS CONTRACT NO. 4316 No. 6 Project Name /Number Project Description Approximate Construction Dates: From To: Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 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. /'? lYo6�s� T17c. Bidder Lau al-U1 — .3S',V*rs' U� �6' /n �C�lu¢ tic ��cciiuv" Jac14 MasZ�r r Z, 11 REFERENCE LIST Page 1 No. 1 Project Name/Number Maintenance Service Agreement Project Description: Remove and Replace Concrete at Various Locations Approximate Construction Dales: From. 10/2008 To: In Progress Agency Name: City of West ia&r Contact Person: Todd Miller Original Contract Amount $610,550 No. 2 Telephone: (714) 681 -3020 Final Contract Amount In Progress Project Name/Number. Neighborhood Presidential St Imp. Various Locations 08 -003 Project Description: Concrete R & R Street Imp. Cold Planing, and Overlay Approximate Construction Dates: From: 10/2008 To: 3/2009 Agency Name: City of Huntington Park Contact Person: Pat Fu Telephone: (323) 584 -6253 Original Contract Amount: $646,000 Final Contract Amount $770,000 NOBEST REFERENCE LIST Page 2 No. 3 Project Name/Nummber. ARRA Street Improvements Project Description: Concrete Construction, Coldmill, and Overlay Approximate Construction Dates: From: 3/2010 To: In Progress Agency Name: City of Huntington Park Contact Person: Pat Fu Original Contract Amount $1,599,981 No. 4 Telephone: (323) 584 -6253 Final Contract Amount $ In Progress Project Name /Number. California Avenue Rehabilitation ESPL - 5108(096) Project Description: Concrete Construction, Striping, Overlay, Tree Pruning Approximate Construction Dates: From: 1/2010 To: 4/2010 Agency Name: City of Long Beach Contact Person: Dan La France Telephone: (562) 577 -8339 Original Contract Amount $421,000 Final Contract Amount In Progress NOBEST REFERENCE LIST Page 3 No. 5 Project Name/Number. Annual Sidewalk Curb & Gutter Improvements Project Description: R & R Concrete Sidewalks, Curb & Gutter and Alleys Approximate Construction Dates: From: 1012008 To: 122009 Agency Name: City of Long Beach Contact Person: John Dela Cruz Original Contract Amount $8,000,000 No. 6 Telephone: (949) 521 -9847 Final Contract Amount $6,216,268 Project Name/Number. Improvements of Alleys @ Various Locations Project Description: Remove and Replace Concrete Alleys Approximate Construction Dates: From 32008 To: 6/2008 Agency Name: City of Huntington Park Contact Person: Pat Fu Telephone: (323) 584 -6253 Original Contract Amount $354,019 Final Contract Amount $ 354,019 NOBEST REFERENCE LIST Page 4 No. 7 Project Name /Number. Annual Sidewalk Repair at Various Locations Project Description: Remove and Replace Concrete- Approximate Construction Dates: From 62008 To: 12/2009 Agency Name: City of Anaheim Contact Person. Dennis Vasquez Original Contract Amount $1,260,600 Telephone: (714) 765 -6936 Final Contract Amount $ 1,000,000 Project Name/Number: Annual Cross Gutter Repair at Various Locations Project Description: Remove and Replace Concrete Approximate Construction Dates: From 6/2008 To: 1212009 Agency Name: City of Anaheim Contact Person. Dennis Vasquez Telephone: (714) 765 -6936 Original Contract Amount $1,101,688 Final Contract Amount $ 1,101,688 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEANFRONT STREET AND ALLEY REPLACEMENT - 14TH TO 21ST STREETS CONTRACT NO. 4316 NON - COLLUSION AFFIDAVIT State of California ) ss. County of %r/)cie ) 1'! /rzI/ {N ©(1�C!/1�1 being first duly sworn, deposes and says that he or she is /��c, j� Prrt of lVdde,;t �/1G the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that_die-fDre64pjng is true'bnd correct. AIATf- ,T roc. Bidder itle Subscribed and sworn to (or affirmed) before me on this day df tTI 2011 by "pZ )JC0L�96 proved to me on the basis of satisfactory evidenc to be the person( 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. 0 N tar P is [SEAL] My Commission Expires: KAY E.ANDERSO� N O COMM. #1852452 O M NOTARYPUBLR:- CALIFORNIA O ORANGE COUNTY MYConm. E�hef Jerre 13.7!117 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEANFRONT STREET AND ALLEY REPLACEMENT - 14TH TO 21 ST STREETS Bidders name CONTRACT NO. 4316 DESIGNATION OF SURETIES 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): ih�;� COufs Slcfe4- SP/ViC�'S Ll C-7 - 1111�)5'11-on6' lnS�ranc� Se��lrrCPS q L2��rd-�e 444I 0 13 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEANFRONT STREET AND ALLEY REPLACEMENT - 14TH TO 21 ST STREETS CONTRACT NO. 4316 CONTRACTOR'S INDUSTRIAL SAFETY RECORD j� TO ACCOMPANY PROPOSAL Bidders Name � b�T e- Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 14 Current Record Record Record Record Record Year of for for for for for Record 2009 2008 2007 2006 2005 Total 2010 No. of contracts % )q R J Total dollar Amount f j, %) G 1 70) 6;33 /� 3,? Contracts (in � Thousands of $) No. of fatalities No. of Workday Cases No. of lost workday cases involving U O O permanent transfer to another job or termination of em to ment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEANFRONT STREET AND ALLEY REPLACEMENT - 14TH TO 21ST STREETS CONTRACT NO. 4316 Legal Business Name of Bidder /pD%JPSf/7C. _ Business Address: lTrnrCG��1` // Business Tel. No.: State Contractor's License No. and Classification: Title The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. _ Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set forth along with the County. 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 if fewer than all of the partners /joint ventures submit 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 signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners /joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose names are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT MUST BE ATTACHED] 15 Q - I (&1 o 0 � lq I� (101,24 i CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On before me, Kay E. Anderson /Notary Public (Here insert name and tide of the officer) personally appeared Larry Nodland and Robert Nodland II who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s), ,hare subscribed to the within instrument and acknowledged to me that•h%�Wthey executed the same in big/*their authorized capacity(ies), and that by khiS/ljef%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. KAYE.ANDERSON ' COMM. #1852452 O my h d and official seal. U e NOTARYPUSUC-0AL{FORNw 1 ` ORANGE COUNTY ' v My Comm. EvPIOSJUrre 13. 2013 (Notary �) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT „(Tide or description of attached document) (Title or description of attached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (rhke) ❑ Partner(s) ❑ Attomey -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA vl2.10.07 800.873 -9865 www.NotaryClasses.mm INSTRUCTIONS FOR COMPLETING THIS FORM Any acknawledgmem completed in California must contain verbiage aramly as appears above in the rotary section or a separate arknowledgmea farm must be properly completed and attached to that docmrrem. The only meption a i)- a document is to be recorded outside of Cal forma In such instances, any alternative ackrrawledgmem verbiage as may be printed on such a docttmem so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefullyfor proper notarial wording and attach thisform ifrequired • State and County information must be the State and County where the document sigoer(s) personally appeared before the notary public for acknowledgment • pate of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your tide (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the mrrect singular or plural forms by cussing off incorrect forms (i.e. WsheAhay- is /are) or circling the correct forms. Failure in correctly indicate this information may lead to rejection of document recording. • The notary seal impression mast be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is nut misused or attached to a different document- Indicate tide or cape of attached docent, number of pages and date. Indicate tie capacity claimed by the signer. if the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEANFRONT STREET AND ALLEY REPLACEMENT - 14TH TO 21ST STREETS CONTRACT NO. 4316 ACKNOWLEDGEMENT OF ADDENDA Bidders name 410 be � --r- fief 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 j_(0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEANFRONT STREET AND ALLEY REPLACEMENT - 14TH TO 21ST STREETS CONTRACT NO. 4316 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: /y ©�C''S f Z�C• Business Address: �E�iL. CG(CiG �cc?• %�I� �P�9 (slDUe, (G % ! �{�/ Telephone and Fax Number: � iq/ 1 California State Contractor's License No. and Class: (REQUIRED AT TIME /O//F AWARD) 'T �7 Original Date Issued: " 79 Expiration Date: List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: ^Ice �etliiS — �Sfi!?1Gf0/ 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 Lciry 11/a111d1,J- Pl?�ioeewf. .T Jz- S Corporation organized under the laws of the State of CQ4 11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEANFRONT STREET AND ALLEY REPLACEMENT - 14TH TO 21ST STREETS CONTRACT NO. 4316 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: 1164 All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: /)o 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; ever had a contract terminated by the owner/agency? If so, explain. I.Havyeoy e . yerjailed 1:98N'nipfote a project? If so, explain. h'o CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEANFRONT STREET AND ALLEY REPLACEMENT - 14TH TO 21ST STREETS CONTRACT NO. 4316 For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor-compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / No; Are any claims or actions unresolved or outstanding? Yes = If yes to, 0n,� of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. Bidder (Print name of Owner or President 1 -19-1 Date On 1 - 11'2af( before me, j4f✓ _bVeS0A, Notary Public, personally appeared LckJelza� f'JaDtrnoD�— who proved to me on the basis of satisfactory evidence to be the persorks'f whose nameXislyd" subscribed to the within instrument and acknowledged to me that helshv tfje5/executed the same in hislberlftbe rauthorized capacity(ie , and that by his /pe4tPdir signatureX on the instrument the person,( <or the entity upon behalf of which the person,za 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. �ri}10 41 1 . of ry blic n and for said State My Commission Expires: (D 3 — i3 jOL- KAY E. ANDERSON (SEAL) C)MM. #1852452 0 U NOTARY PUBLIC -CALIFORNIA O ORANGECOUN(Y --q J MYCO . Expua June 17. 2013 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEANFRONT STREET AND ALLEY REPLACEMENT - 14TH TO 21ST STREETS CONTRACT NO. 4316 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. 2 �2- CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN FRONT STREET AND ALLEY REPLACEMENT 14TH TO 21ST STREETS CONTRACT NO. 4316 CONTRACT THIS CONTRACT FOR PUBLIC WORKS ( "Contract ") is entered into this day of February, 2011, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter City( "City ") and NOBEST INCORPORATED, a California corporation ( "Contractor'), is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: OCEAN FRONT STREET AND ALLEY REPLACEMENT 14TH TO 21ST STREETS The work necessary for the completion of this contract consists of removing existing asphalt or concrete alleys and streets, constructing new concrete alleys and streets, grind and Noverlay asphalt pavement, adjusting utilities to grade and performing other appurtenant and incidental items of work as required to complete the work in place. 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, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 4316, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Contract, 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. 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 23 Contractor accepts as full payment the sum of Nine Hundred Seven Thousand and 00/100 Dollars ($907,000.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. 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 PO Box 1768 Newport Beach, CA 92658 Attention: Frank Tran (949)644-3340 NOBEST INCORPORATED 7600 Acacia Avenue Garden Grove, CA 92841 714- 892 -5583 714 - 373 -0039 Fax INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. Coverage and Limit Requirements. Workers' Compensation. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and employer's liability insurance with limits of at least one million dollars ($1,000,000) each type for Contractor's 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. The insurer issuing the Workers' 24 Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the required certificate of insurance, a copy of such waiver of subrogation endorsement. b. General Liability. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) General Aggregate and two million dollars ($2,000,000) Products and Completed Operations Aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. C. Automobile Liability. 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 Contract, 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 accident. d. Builders Risk. For Contracts with Construction /Builders Risk property exposures, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special form causes of loss with limits equal to one hundred percent (100 %) of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and /or Flood. City shall be included as an insured on such policy, and Contractor shall provide the City with a copy of the policy. 2. Other Insurance Provisions. a. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and an additional insured endorsement for general liability. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current evidence of insurance shall be kept on file with City at all times during the term of this contract. 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 bond documentation. City reserves the right to require complete, certified copies of all required insurance policies, at any time. b. General liability insurance provisions. Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: 25 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. 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. Contractor shall submit to City a copy of the additional insured endorsement along with the required certificates of insurance. 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 Contractor's insurance and shall not contribute with it. iii. 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. C. 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 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. d. Notice of Cancellation. Contractor agrees to oblige its insurance broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage except for builder's risk insurance. The builder's risk policy will contain or be endorsed to contain a provision providing for 30 days written notice to City of cancellation or nonrenewal, except for nonpayment for which ten (10) days notice is required. e. Self- Insured Retentions. Contractor agrees not to self- insure or to use any self- insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to City. If contractor's existing coverage includes a self- insured retention, the self- insured retention must be declared to City. City may review options with the contractor, which may include reduction or elimination of the self- insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. f. 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 Contract. g. Waiver. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers, or shall 26 specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. h. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. i. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. City's Remedies. City shall have the right to order the Contractor to stop Work under this Contract and /or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. In the alternative, City may purchase the required coverage and charge Contractor the cost of the premiums or deduct the cost from Contractor's payments. k. Coverage not Limited. All insurance coverage and limits provided by contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other Contract relating to the city or its operations limits the application of such insurance coverage. I. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any services under this or any other contract or Contract with the City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and /or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 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. 27 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. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any work performed or services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 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. 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 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. M-1 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the dates written below. APPROVED AS TO FORM: Assistant City Attorney ATTEST: Date: 3-2-2-11 Leilani I. Brown City Clerk CITY OF NEWPORT BEACH A California Municipal Corporation and Charter City Date: Michael F. Henn Mayor NOBEST INCORPORATED Ar'- Ufnmin nmm.rofinn A TItlE Print Name:�s'D� rT� Date: 1 �2 5 lZcL f (Financi I Officer) Title: Ec =rta+ez Print Name: kt)&S Z Date: 1 1 ZS 12 o/ 1 29 CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On January 25, 2011 before me, Ray E. Anderson /Notary Public (Here latest name and title of the officer) personally appeared Larry Nodland and Robert Nodland II who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s), Bare subscribed to the within instrument and acknowledged to me that they executed the same in his7herltheir authorized capacity(ies), and that by 1YiSWtheir 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. Signature of Notary Public (Notary Seal) ° KAYE.ANDERSON Individual (s) CO11M #1852452 0 (.1 NOTARYPUBLIC- CALIFORNIA O O '„, ORANGE COUNTY Partner(s) My Comm. ExplreaJUne 13. 2019 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT „(Title or description of attached document) (Title or descapdoo of attached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer fritle) ❑ Partner(s) ❑ Attomey -in -Fact ❑ Tnr_stee(s) ❑ Other 2008 Version CAPA vl2.10.07 800 - 873 -9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage eractly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is f a document is to be recorded outside of California In such instances, any alternative acknowledgment verbiage as may be primed on such a document so long as the verbiage does not requite the notary, to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document rmefullyfor proper notarial wording and attach this form ifrequrred • State and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her lame as it appears within his or her commission followed by a comma and then you tide (notary public). • Print the nerne(s) of document signers) who personally appear at the time of notarzation. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. ha/shel6l is /ere) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form • Signature of the notary public must thatch the signature on file with the once of the county clerk. Additional information is not required but could help to ensue this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN FRONT STREET AND ALLEY REPLACEMENT 14TH TO 21ST STREETS CONTRACT NO. 4316 BOND NO. SB 015 000 113 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 12,570.00 being at the rate of $ 13.86 per thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of Cal'rfomia, by motion adopted, awarded to NOBEST INCORPORATED, a California corporation, hereinafter designated as the "Principal ", a contract for construction of OCEAN FRONT STREET AND ALLEY REPLACEMENT 14TH TO 21ST STREETS, Contract No. 4316 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 4316 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Ullico Casually Company duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of Nine Hundred Seven Thousand and 00/100 Dollars ($907,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and 30 it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations tinder this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 25th day of Jant Nobest Incorporated _ Bidder Ullico Casualty Company Name of Surely 2600 West Olive Ave., 5th Floor, Burbank, CA 91505 Address of Surety 818- 333 -5195 Matthew J. Coats, Attomey in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 31 CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On January 25,2011 before me, Kay E. Anderson /Notary Public (Here insert name and title of the officer) personally appeared Larry Nodlaud who proved to me on the basis of satisfactory evidence to be the personO whose name�sTis /subscribed to the within instrument and acknowledged to me that he /sl llnrl executed the same in his/Jiar /fjefr'authorized capacity, and that by his /�ef/tPef signaturef aj'on the instrument the personX, or the entity upon behalf of which the personS,$)'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. ignature of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT „(Title or description of attached document) description of attached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER NAY E. ANDERSON Individual (s) 0 COMM. #1852452 O U : NOTARY PUBLIC- CALIFORNIA .4 0 ORANGE COUNTY V my Comm . ErFtresLms 13. 2013 y (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT „(Title or description of attached document) description of attached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) M Corporate Officer President (rifle) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA vl2.10.07 800 - 873 -9865 www.NotwyClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document The only exception it if a document is to be recorded outside of California In such instances, any alternative ruknow/edgmem verbiage as may be primed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. cetrt6,ing the authorized capacity of the signer). Please check the document carefollyfor proper namrial wording and aniach this form if required • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Dam of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed • The notary public must print his or her name as it appears within his or her commission followed by a comma and than your tide (notary public). • Prink the names) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. hatsheldiey,— is /are) or circling the correct fortes. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document 4 Indicate tide or type of attached document, number of pages and dam. Indicate the capacity claimed by the signer, if the claimed capacity is a corporate officer. indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document ACKNOWLEDGMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I State of California County of On _ Public, personally ss. before me. appeared Notary proved to me on the basis It. tory evidence to be the person(s) whose names) is /are subscribed to the within innd acknowledged to me that he /she /they executed the same in his /her /their authoacity(ies), and that by his/her /their signatures(s) on the instrument the person(s), o upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY RY under the laws of the Stale of California that the foregoing paragraph is true WITNESS my hand and official seal. Signature (seal) ................................................ ..............................0 OPTIONAL INFORMA Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence. Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer. Trustee _ Power of Attorney CEOICFOICOO President I Vice - President I Secretary I Treasurer Other: Other Information: 32 Thumbprint of Signer Check here if no thumbprint or fingerprint is available ACKNOWLEDGMENT ................................................ ............................... State of California County of Ss. On before me, Public, personally appeared proved to me on the basis oksl subscribed to the within instrLN same in his /her /their authorize( instrument the person(s), or the instrument 1 certify under PENALTY OF foregoing paragraph is true and Notary ,who isfactory evidence to be the person(s) whose name(s) is /are ant and acknowledged to me that he /she /they executed the capacity(ies), and that by his /her /their signatures(s) on the entity upon behalf of which the person(s) acted, executed the WITNESS my hand and official seal. Signature under the laws of the State of California that the (seal) .............................................\... ............................... OPTIONAL Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence _ Personally Known with Paper Identification _ Paper Identification Credible Witness(es) Capacity of Signer: _ Trustee _ Power of Attorney _ CEO/CFO/COO _ President / Vice- President I Secretary I Treasurer Other: Other Information: 33 Thumbprint of Signer Check here if no thumbprint or fingerprint is available State of California County of Orange On JAN 2 5 2011 before me, - Adelaide C. Hunter, Notary Public (insert name and title of the officer) personally appeared Matthew J. Coats 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 hefshefthey executed the same in his/her*reir authorized capacity(ies), and that by hisAter/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. Signature A t ADELAIDE C. HUNTER Commission # 1808793 ;.Q Notary Public -- California Orange County '- My Comm. Expires Aug 8, 2012 vullico DI,e�Ga atas Washington Company 1625 Eye Street, N.W. Washington D.C. 20006 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That ULLICO CASUALTY COMPANY (the Company), a corporation organized and existing under the laws of the State of Delaware. does hereby constitute and appoint Linda D. Coats, Matf %, J. Coats, Douglas A Rapp , & Timothy D. Rapp of Linda D. Coats Surety Insurance Services, Im Its true and lawful Attorney (s) in fact with full authority to execute on its behalfbonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the native thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $5.000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Direct ors of ULLICO Casualty Company at a meeting duly celled the 15th day of July, 2009. RESOLVED: That the Board of Directorshereby authorizes the President or any Vice President of the Company to: (1) Appoint Atumey(s) in Fact and authorize the Avom y(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to removc, at arty time any such - Utorry -in -Fact and make the authority given. And be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and btdmg upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, ULLICO CASUALTY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized office this 251th day of January 20 11 . SIDENT Daniel Amnowaz President ULLICO Casualty Company, a Delaware Corporation On this 16th day of July 2009, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly mom said that he is the therein described and authorized officer of the ULLICO CASUALTY COMPANY, that the seal affixed to said instrument is the Corporate seal of said Company, that the mid Corporate Seal and his signature were duly affixed. Notary Public CATHERINE M. OBRIEN NOTARY PUBLIC STATE OF MARYLAND MONTGOMERY COUNTY MY COMMISSION EXPIRES JANUARY 21, 2012 CERTIFICATE L Teresa E. Valentine, Senior Vicc President, General Counsel and Secretary of ULLICO Casualty Company, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursumt thereto on this 16th day of July 2009 arc we and correct and are still in till force and effect. l do further certify that that Daniel Aronowilz, who executed the Power of Attorney as President was on the date of execution of the attached Power of Auomcy the duly elected President of ULLICO Casualty Company, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this le day of July 2009, Term E. Valentine Seaicr Via President, General Counsel B Secretary ULLICO Casualty Company CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN FRONT STREET AND ALLEY REPLACEMENT 14TH TO 21ST STREETS CONTRACT NO. 4316 BOND NO. SB 015 000 113 Premium Included with Performance Bond LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to NOBEST INCORPORATED, a California corporation, a hereinafter designated as the "Principal," a contract for construction of OCEAN FRONT STREET AND ALLEY REPLACEMENT 14TH TO 21ST STREETS, Contract No. 4316 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 4316 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, Ullico Casualty Company duty authorized to transact business under the laws of the State or California, as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of Nine Hundred Seven Thousand and 001100 Dollars ($907,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right. of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq, of the Civil Code of the Stale of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of lime, alterations or additions to the terms of the Contract or to the work to be performed thereunder 34 or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 25th day of _ .January , 2011, Nobest Incorporated Bidder Ullico Casualty Company Name of Surety 2600 West Olive Ave., 5th Floor, Burbank, CA 91505 Address of Surety 818- 333 -5195 Telephone Matthew J. Coats, Attomey in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 35 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On January 25, 2011 before me, Ray E. Anderson /Notary Public (Here insert name and title of the officer) personally appeared Nodland who proved to me on the basis of satisfactory evidence to be the person(bl) whose name�syis /subscribed to the within instrument and acknowledged to me that he/she "w executed the same in his/b�rtfJ3eif authorized capacity, and that by his,0ief/tfeirsignature(Won the instrument the person; or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERTURY under the laws of the State of California that the foregoing paragraph is true and correct. DESCRIPTION OF THE ATTACHED DOCUMENT „(Title or description of attached document) (Title or description of attached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER KAYE.ANDERSON O S m hand and official seal. r .' _Y O • +� COMM. #1852452 p NOTP O •W ORANGE COUNTY ORANGE MY COmm.FxplresJUne IJ. 2017 V ~ (Notary Seal) b� ❑ Signature ofNotary Public ❑ ADDITIONAL OPTIONAL INFORMATION ❑ DESCRIPTION OF THE ATTACHED DOCUMENT „(Title or description of attached document) (Title or description of attached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) I& Corporate Officer President critle) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2098 . Version CAPA 02.10.07 800 - 873 -9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any aeknowledgmew completed in California must contain verbiage exacrly as appears above in the notary section or a separate acAnowledgment form must be properly completed and attached to that document the only exception a if a document is to be recorded outside of California In such instances, any ahemmive acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal far a norwy in California (i.e. certifying the arrhoriaed capacity of the signer). Please check the docur era carefullyfor proper notarial wording and attach this form if required • Sum and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of ootarizatioa • Indicate the correct singular or plural forms by crossing off incorrect forms (Le. harshehhey— is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a dineren[ document Indicate title or type of attached documenrt number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the tide (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document ACKNOWLEDGMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , State of California County of _ _ ss. On \ before me, Notary . who proved to me on the basis of tisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instru ent and acknowledged to me that helshe /they executed the same in his/her /their authorized pacity(ies), and that by histher /their signatures(s) on the instrument the person(s), or the a tity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJNRY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ............. ............................... .............................., OPTIONAL INFORMA Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification _ Credible Witness(es) Capacity of Signer Trustee Power of Attorney CEO /CFO /COO President / Vice - President / Secretary / Treasurer Other: Other 36 __ \ Thumbprint of Signer F1 Check here if no thumbprint or fingerprint is available ACKNOWLEDGMENT ............................................... ............................... Stale of California County of } ss. On before me, _ Notary Public, persona(y appeared \ who proved to me on the sis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the wtthi instrument and acknowledged to me that he/she/they executed the same in hislher /their au orized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF ERJURY under the laws of the State of California that the foregoing paragraph is true and Tract. WITNESS my hand and official Signature ,sea ;; ................................................ ............................... OPTIONAL INFORMATION Dale of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence. Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO / CFO I COO R� President / Vice- President / Secretary I Treasurer Other: Other Information: Bfrl Thumbprint of Signer E] Check here it no thumbprint a fingerprint is available State of California County of Orange On JAN 2 5 2011 before me, • Adelaide C. Hunter, Notary Public (insert name and title of the officer) personally appeared Matthew J. Coats 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 heA+ro4 rey executed the same in hisfher/d:eir authorized capacity(ies), and that by hisfhetAlicir signature(s) on the instrument the person(s), or the entity upon behalf ofwhich 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. c _ ADELAIDE C. HUNTER Commission # 1808793 `m Notary Public -- California /l �� Orange County '- Signature A �L J V'^""` My Comm. Expires Aug B. 2012 ru 1 i ca UL�CO.W. Casualty Was Company 1625 Eye Strad, N.W. Washington D.C. 20006 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That ULLICO CASUALTY COMPANY (the Company), a corporation organized and existing under the laws of the State of Delaware, does hereby constitute and appoint Linda D. Coats, Matthew J. Coats, Douglas A. Rapp , & Timothy D. Rapp of Linda D. Coats Surety Insurance Services, Inc. Its we and lawful Attorney (s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby in an amount not to exceed $5,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of ULLICO Casualty Company at a meeting duly called the 15th day of July, 2009. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Ahomey(s) in Fact and authorize the Attorneyls) in Fact to execute on behalf of the Company bonds and undMa4inic, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -m -Fact and revoke the authority given. And. be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the fiture with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, ULLICO CASUALTY COMPANY has caused this w1minent to be signed and its corporate seal to be affuccd by its authorizedofiuce this 25th day of January 20 11 20E�ep---- Daniel Amnowitz President ULLICO Casualty Company, a Delaware Corporation. On this 16th day of July 2009, before me came the individual who executed the preceding instrument. tome personally known, and being by me duly swom said that bets the therein described and authorized offmca of the ULLICO CASUALTY COMPANY, that the seal affixed to said instrument is the Corporate seal of said Company, that the said Corporate Seal and his signumcwere duly affixed. t• { Notary Public CATHERINE M. OBRIEN NOTARY PUBLIC STATE OF MARYLAND MONTGOMERY COUNTY MY COMMISSION EXPIRES JANUARY 21, 2012 CERTIFICATE 1. Taws E. Valentine, Senior Vitt President General Counsel and Secretary of ULLICO Casualty Company, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 16th day of July 2009 are true and wrrect and are still in full force and dlect. I do further certify that that Daniel Aroncwitz, who "=led the Power of Amomey as President, was on the date of execution of the amached Prover of Attemey the duly elected President of ULLICO Casualty Company. In Testimony Whereof I have subscribed my time and affixed the facsimile seal of each Company this le day of July 2009. Taws E. Valentine Senior vice President General Counsel @ Secretary ULLICO Casualty Company CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL OCEAN FRONT STREET AND ALLEY REPLACEMENT — 14T" TO 21ST STREETS CONTRACT NO. 4316 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. 4316 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. Lump Sum Mobilization @ �17�j¢v % / /4GS4ii1 Dollars I and O Z Pic) Cents $ Per Lump Sum 2. Lump Sum Traffic Control @ T67 1"hoW ,std Dollars and Zely Cents $ Per Lump Sum PR2of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 3. Lump Sum Surveying Services @Tyyetiii/ / z7 5mlollars and Cents $�• %,t,�t Per Lump Sum 4. 12,000 S.F. Grind Existing Pavement and Replace 2 -in AC Overlay @ 7-W6 Dollars and rt_4v Cents $ $ Per Square Foot 5. 54,000 S.F. Remove & Reconstruct 8 -in Thick PCC Street Pavement @ SiX Dollars and Cents $ $��� �(/1/�!'I�i / (�. Per Sq rua erua e Foot 6. 58,000 S.F. Remove and Reconstruct 6 -in Thick of Fiber Reinforcement, Type III PCC Alley Pavement @rroar Dollars rf-rfy Cents $ �i.5� $ a6 /l�CX7,� Per Square Foot 7. 150 L.F. Remove & Reconstruct Type "A" PCC Curb & Gutter @ T Dollars and o0 Z P/0 Cents $ a5. $ 3, 750 Per Linear Foot 8. 450 L.F. Remove & Reconstruct Type "B" PCC Curb @ &g&9Vfi Dollars and O2 p© Z e/'� Cents $ g. $ g Sao• r Per Linear Foot PR3of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 9. 3,250 S.F. Remove and Reconstruct 6 -in Thick PCC Alley Approach @ Sgyel) Dollars and Z P&) Cents 7 $ / • $ t Per Square Foot 10. 4,100 S.F. Remove and Reconstruct 4 -in Thick PCC Sidewalk @ Fill Dollars and PP0 Cents $ �. $ a4 Per Square Foot 11. 10,000 S.F. Remove and Reconstruct 6 -in Thick of Fiber Reinforcement, Type III PCC Patch Back @ Ptle Dollars and Z Pr� Cents c yO $ ✓. $ 50000. Per Square Foot 12. 5 EA. Remove Existing and Install Galvanized Bollard y y Tea E' . @7hree' HOIALOJ Dollars and Z erO Cents c $ 3 8a. - $ l ago. Per Each 13. 1,300 S.F. Remove and Reconstruct 6 -in AC Patch Back @ Teh Dollars and �eeU Cents Per Square Foot 14. 180 EA. Remove & Replace 1 -in Water Meter Box @ Dollars and Zera Cents / $ GG Per Each PR4of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 15. 8 EA. Remove & Replace 2 -in Water Meter Box @ /f1 PuOjfe FIF Dollars and ZP�O Cents $ Per Each 16. 39 EA. Remove & Replace Water Valve Frame & Cover @ Dollars and Z el 'o Cents $ 70 Per Each 17. 3 EA. Remove & Replace Survey Monument Frame & Cover @ rtWf) RUfidfed Dollars and Zefj Cents $ 00. $ (90.41! Per Each 18. 85 EA. Remove & Replace Sewer Cleanout Frame & Cover to Grade @ Cgyep4X Dollars and Z efo Cents $ 700 $ S i5O 010 Per Each 19. 7 EA. Remove & Replace Street Light Pull Box to Grade h' @ 00e � %lGhc((P T D,f,Iollars and 2 00 /f 00 2�0 Cents $ l J� $ 9/0• Per Each 20. 24 EA. Adjust Manhole Frame & Cover to Grade @ Dollars �/ /3 and em Cents $ F60 o0 Per Each ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 21. 51 EA. Adjust Telephone Pull Box to Grade @ Dollars and 0 Cents $ Per Each 22. 66 EA. Adjust Cable TV Pull Box to Grade @ Fijgv Dollars and CiD ze/lD 0 Per Each 23. 110 S.F. Remove and Reconstruct PCC Cross Gutter @ ?en Dollars and /qpO p0 Z P/D Cents $ �U. � $ /00_ Per Square Foot 24. 1350 S.F. Remove and Reconstruct PCC Driveway Approach @ Dollars qq and ZOO Cents $ 7 Lo $ I Per Square Foot 25, Lump Sum Install Striping, Pavement and Curb Markings / @ /!/2 rj u Dollars and Zei o Cents Per Lump Sum 26. 30 EA. Remove, Restore and Install Existing Sign on New Post @ Dollars and Ze/O Cents Per Each $ go 00 PR6of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 27. 1 EA. Remove and Reconstruct PCC Curb Access Ramp, Case "H" @ 7 WO �iIG�l7507V—Dollars and 'z Cents Per Each 28. 1 EA. Remove and Reconstruct PCC Curb Access Ramp, Case "J" @ r Wa 7hOaS,fb% Dollars and _c _ Z em Cents $ � $ Of Per Each 29. Lump Sum Construct Bitter Point Concrete Containment Pad (M -5414 S) 7h0,5an @7h�rry "Oar Dollars � and 2/, p0 Z Pro Cents $ ✓ 1 Per Lump Sum 30. Lump Sum Provide As -Built Drawings @ Ten Thousand Dollars and Zero Cents $ 10,000.00 Per Lump Sum TOTAL PRICE IN WRITTEN WORDS rV the Mali e ggwn 7_h,1,a;,m4 Dollars and Z fro Cents $ V,700• Total Price (Figures) / -11-1! 1110M t ZnC. Date Bidder h��) g9a -ssg3 �I/9%373�JD34 f�/�,; Bidders Telephone and Fax Numbers Aut o ized kignature a Title PR7of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Bidder's License No(s). Bidder's p Address and Classification(s) / LL �rq/G PA ( Iwtlel Bidder's email address: /� !�P_ �/DiJL'S/ -17ei f:\usemkpbvAAsharedtcontraclsl yI0 -11 \ocean front alley replacement 14th -21st c- 43161proposaI c- 4316.doc PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS OCEAN FRONT STREET AND ALLEY REPLACEMENT —14T" TO 21ST STREETS CONTRACT NO. 4316 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 1 2 -6 WORK TO BE DONE 1 2 -9 SURVEYING 1 2 -9.3 Survey Service 1 2 -9.6 Survey Monuments 2 SECTION 3 CHANGES IN WORK 2 3 -3 EXTRA WORK 2 3 -3.2 Payment 2 3 -3.2.3 Markup 2 SECTION 4 CONTROL OF MATERIALS 3 4 -1 MATERIALS AND WORKMANSHIP 3 4 -1.3 Inspection Requirements 3 4 -1.3.4 Inspection and Testing 3 SECTION 5 UTILITIES 3 5 -7 ADJUSTMENTS TO GRADE 3 5 -8 SALVAGED MATERIALS 4 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 4 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 4 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 6 -11 CONSTRUCTION PHASING 6 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 7 7 -8.6 Water Pollution Control 7 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 8 7 -10.3 Street Closures, Detours, Barricades 8 7 -10.4 Public Safety 9 7- 10.4.1 Safety Orders 9 7 -10.5 "No Parking" Signs 9 7 -10.6 Street Sweeping Signs 9 7 -10.7 Notice to Residents and Temp Parking Permits 10 7 -15 CONTRACTOR LICENSES 10 7 -16 CONTRACTOR'S RECORDSIAS BUILT DRAWINGS 10 SECTION 9 MEASUREMENT AND PAYMENT 11 9 -3 PAYMENT 11 9 -3.1 General 11 9 -3.2 Partial and Final Payment 15 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 15 201 -1 PORTLAND CEMENT CONCRETE 15 SECTION 214 PAVEMENT MARKERS 16 214 -4 NONREFLECTIVE PAVEMENT MARKERS 16 214 -5 REFLECTIVE PAVEMENT MARKERS 16 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 16 300 -1 CLEARING AND GRUBBING 16 300 -1.3 Removal and Disposal of Materials 16 300 -1.3.1 General 300 -1.3.2 Requirements 300 -1.5 Solid Waste Diversion 16 16 17 SECTION 302 ROADWAY SURFACING 17 302 -5 ASPHALT CONCRETE PAVEMENT 17 302 -5.1 General 17 302 -5.4 Tack Coat 17 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 17 302 -6.6 Curing 17 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 17 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 17 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 17 303 -5.1 Requirements 17 303 -5.1.1 General 18 303 -5.4 Joints 18 303 -5.4.1 General 18 303 -5.5 Finishing 18 303 -5.5.1 General 18 303 -5.5.2 Curb 18 303 -5.5.4 Gutter 18 SECTION 310 PAINTING 18 310 -5 PAINTING VARIOUS SURFACES 18 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 18 310 -5.6.7 Layout, Alignment and Spotting 19 310 -5.6.8 Application of Paint 19 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 20 312 -1 PLACEMENT 20 APPENDIX "A" CONSTRUCTION PHASING PLAN Last saved by mlocey12121 /2010 4:29 PM f:\ users`gbw'sharedicontmcts\fy10 -I I \oceanfront alley replacemcnt 14th -21 st c4316\specs index c4316.doc CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS TH CONTRACT NO. 4316 INTRODUCTION SP 1 OF 20 F CAl All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. A- 5161 -S and M- 5414 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications for Public Works Construction may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of removing existing asphalt or concrete alleys and streets, constructing new concrete alleys and streets, grind and overlay asphalt pavement, adjusting utilities to grade and performing other appurtenant and incidental items of work as required to complete the work in place." 2 -9.3 Survey Service. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilizeffollow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The design surveyor for this project is GTS, Inc. in Corona, CA, and can be contacted at (951) 279 -1918. At a minimum, two (2) sets of cut - sheets for all areas shall be included in the bid price and copies of each set shall be provided to City SP2OF20 48 -hours in advance of any work. In addition, the filing of a Corner Record and /or a Record of Survey with the County Surveyor's Office is required after the completion of Work. Prior to any demolition Work the Contractor shall prepare and submit the Corner Records for review by the City a minimum of three (3) working days before the anticipated Work. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring 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 ............. ............................... 15 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. SP3OF20 SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. CTION 5 - -- UTILITIES 5 -1 LOCATION. Add the following after the P paragraph: "Upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust or replace to finish grade City -owned water meter boxes, regulator and valve vaults, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor shall adjust the telephone and cable television utility facilities as specified in the construction documents. Edison will adjust its own facilities. The Contractor shall coordinate with Edison for these adjustments as specified in the construction documents. The Edison adjustments shall occur as early in the construction as possible and can be done prior to demolition. Adjustment of the one gas facility will be performed by the Gas Company. The Contractor shall provide the necessary survey control for Edison and the Gas Company to adjust the boxes /vaults to the final grade. Any utility boxes or vaults within '/ inch of the design grade, as determined by the Engineer, may be protected in place. The Contractor shall allow a minimum of five (5) working days for Edison adjustments if done after demolition in the alley. The Contractor will be required to coordinate with these companies for inspection of the work. SP4OF20 The Contractor shall perform a field review for the location and the number of existing manholes and pull boxes prior to bidding and bring any discrepancies to the Engineer's attention prior to bidding. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing sewer /storm drain manhole (including grade rings), meter or valve box covers. The Contractor shall salvage all removed cast iron pipes. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operations Manager, at(949)718 -3402. SECTION 6 - -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed.' No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 100 consecutive working days after the date on the Notice to Proceed, The Notice to Proceed is planned for March 4, 2011. The Contractor shall also adhere to the follow specific construction schedule: a. Construction on 14`h Street and Alley 256 -F (Phases 6A and 6B) shall start on June 27, 2011 and be completed by July 25, 2011 (20 working days). b. Contractor shall coordinate with adjacent property owners for best construction period for work on 19th Street north of Balboa Blvd. (Phase 1). This phase of work shall be completed within 10 consecutive working days. SP5OF20 c. Each alley shall be completed within fifteen (15) working days from the first day of demolition. No more than one phase shall be under construction at any one time unless otherwise approved by the Engineer. 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. See Section 6 -11 for Construction Phasing." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1st (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 41", the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24" (Christmas Eve), December 25'h (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 Monda� is a holiday. If January 15` July 41h, November 11`h, December 241h, December 251 , or December 31st falls on a Saturday, the Friday before is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:00 AM to 4:30 PM, 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 PM to 6:30 PM on weekdays or 8:00 AM to 6:00 PM on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $123.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7.1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00." Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the SP6OF20 minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. In addition, a liquidated damage of $1,500.00 per calendar day shall be paid to the City for each calendar day beyond the specific construction schedule requirements as described in subsection "a" and "b" of Section 6 -7.1. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." 6 -11 CONSTRUCTION PHASING. Contractor shall follow the Construction Phasing Plan in Appendix A. Any modification from this Construction Phasing Plan shall be submitted to the Engineer for approval prior to bid opening. SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 10:00 AM to 2:00 PM or a six -hour shut down between the hours of 11:00 PM to 5:00 AM 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. The Contractor shall provide and install new water meter and valve boxes. Existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operation Manager, at (949) 718 - 3402." 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter. A monthly meter service charge of $90 per month will also be deducted from the deposit." SP7OF20 Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7 -8.5.1 Steel Plates. Add this section: "Steel plates utilized for utility trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at http://www.city.newport- beach.ca.us /pubworks /I inks.htm." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw- cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back - charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 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. SP8OF20 Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times, The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre- construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed civil engineer or 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. •Zil91110] 5. The Contractor shall take special precautions to protect all underground utilities in the alleys from heavy vehicular loads especially once the existing asphalt surface is removed. Concrete shall be placed by pumping from adjacent streets. 6. The Contractor shall meet with Edison and determine the most efficient way for Edison to adjust its facilities and prepare a plan for review by the Engineer, and then work with Edison to adjust their facilities accordingly. The Contractor shall remove the entire alley, prepare the alley base material, and allow a minimum of five (5) working days for Edison to make adjustments if done after demolition. 7. The Contractor shall verify that the horizontal location of the Telephone and Cable Television pull boxes such that they are in a uniform alignment from the centerline. The horizontal distance of these pull boxes shall be a minimum of 18- inches or a maximum of 24- inches from centerline as determined by the Engineer. 8. All PCC Alleys shall be paved back within 10 working days after alley demolition, including utility adjustments by others." 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. SP 10 OF 20 The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer of Record or City Inspector shall be documented on the "As- Built" drawings. The "As- Built" marked -up plans shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT SP 11 OF 20 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, and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 3 Surveying Services: Work under this item shall include establishing survey controls, construction staking, preliminary grades, final grades, all horizontal alignment, as -built field notes, filing of corner records, reestablishment of property corners disturbed by the work, protection and restoration of existing monuments and other survey items as required to complete the work in place. Item No. 4 Grind Existing Pavement and Replace 2 -in AC Overlay: Work under this item shall include grinding existing AC pavement to a depth of 2- inches, and complete 2 -in AC Overlay, and all other work necessary to complete the work in place. Item No. 5 Remove and Reconstruct 8 -in Thick PCC Street Pavement: Work under this item shall include sawcutting along the flowline, removing existing PCC street, gutter, base and subbase, disposing of excess material, grading, compaction, constructing 8 -in thick PCC street pavement over compacted native sand per City of Newport Beach STD - 108 -L, STD - 109 -L, and all other work necessary to complete the work in place. Item No. 6 Remove and Reconstruct 6 -in Thick of Fiber Reinforcement, Type III PCC Alley Pavement: Work under this item shall include removing existing alley pavement, base and subbase, sawcutting, disposing of excess material, grading, SP 12 OF 20 compaction, constructing 6 -in thick of fiber reinforcement, Type III PCC alley pavement over compacted native sand per City of Newport Beach STD - 141 -L, installing joint filler, restoration of any private improvement damaged during construction, and all other work necessary to complete and in place. Item No. 7 Remove and Reconstruct Type "A" PCC 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 PCC curb and gutter, re- chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Gutter width shall match existing. Item No. 8 Remove and Reconstruct Type "B" PCC Curb: Work under this item shall include removing and disposing of the existing curb, compacting subgrade, reconstructing curb openings of existing curb drains, constructing PCC curb and gutter, re- chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 9 Remove and Reconstruct 6 -in Thick PCC Alley Approach: Work under this item shall include removing existing improvements and constructing 6 -in Thick PCC alley approach over compacted native sand and all other work items as required to complete the work in place. Work under this item shall also include constructing the grooves and varied curb face Type "B" curb per City of Newport Beach STD - 182 -L, Alley Approach Detail on Sheet 2 and Alley Approach Grades Detail. Item No. 10 Remove and Reconstruct 4 -in Thick PCC Sidewalk: Work under this item shall include removing and disposing of the existing sidewalk, subgrade compaction, constructing the 4 -in thick PCC sidewalk, and all other work items as required to complete the work in place. Contractor shall protect in place utility vent(s) and traffic sign(s) in the work area. Item No. 11 Remove and Reconstruct 6 -in Thick of Fiber Reinforcement, Type III PCC Patch Back: Work under this item shall include saw - cutting, removing and disposing of the existing concrete paving, subgrade compaction, constructing the 6 -in thick of Fiber Reinforcement, Type III PCC Patch Back, and all other work items as required to complete the work in place. In addition to the locations shown on Plans, additional PCC Patch Back may be required based on field review with the Engineer. Item No. 12 Remove Existing and Construct Galvanized Bollard: Work under this item shall include removing existing, constructing galvanized bollard per Plan Detail, and all other work items as required to complete the work in place. In addition to the locations shown on Plans, additional bollards may be constructed as directed based on field review with the Engineer. SP 13 OF 20 Item No. 13 Remove and Reconstruct 6 -in AC Patch Back: Work under this item shall include saw -cutting, removing and disposing of the existing paving, subgrade compaction, constructing 6 -in AC patch back, and all other work items as required to complete the work in place. In addition to the locations shown on Plans, additional AC Patch Back may be required based on field review with the Engineer. Item No. 14 Remove and Replace 1 -in Water Meter Box: Work under this item shall include removing and replacing existing water meter frame and covers with new 1 - in water meter box, adjusting to grade and all other work items as required to complete the work in place. Item No. 15 Remove and Replace 2 -in Water Meter Box: Work under this item shall include removing and replacing existing water meter frame and covers with new 2 - in water meter box, adjusting to grade and all other work items as required to complete the work in place. Item No. 16 Remove and Replace Water Valve Frame and Cover: Work under this item shall include all labor, tools, equipment, and material costs for removing and replacing with new City of Newport Beach valve frame and cover to grade and all other work items as required to complete the work in place. Item No. 17 Remove and Replace Survey Monument Frame and Cover: Work under this item shall include all labor, tools, equipment, and material costs for removing and replacing with new survey monument frame and cover to grade and all other work items as required to complete the work in place. Item No. 18 Remove and Replace Sewer Cleanout Frame and Cover to Grade: Work under this item shall include removing and replacing existing sewer cleanout with new sewer cleanout, adjusting to grade, and all other work items as required to complete the work in place. Item No. 19 Remove and Replace Street Light Pull Box to Grade: Work under this item shall include removing the existing pull box and installing a new #3'/2 F concrete pull box per City of Newport Beach STD -204-L. Item No. 20 Adjust Manhole Frame and Cover to Grade: Work under this item shall include all labor, tools, equipment, and material costs for adjusting manhole frame and cover to grade and all other work items as required to complete the work in place. Manhole includes sewer manhole, and storm drain manhole. Item No. 21 Adjust Telephone Pull Box to Grade: Work under this item shall include adjusting telephone 24 -in deep pull boxes to grade and relocating horizontally to be uniformly offset from centerline and all other work items as required to complete the work in place. In any particular alley the horizontal location shall be 18 -inches minimum or 24 -inches maximum, with the exact dimension being determined by the Engineer. The dimension shall be determined to minimize the horizontal relocations in any one SP 14 OF 20 alley. Telephone company will provide and replace all 20K boxes with 30K boxes. Contractor shall coordinate this work prior to adjusting to grade. Any pull boxes damaged during construction shall be replaced at the sole expense of the Contractor. Item No. 22 Adjust Cable TV Pull Box to Grade: Work under this item shall include adjusting Cable TV 24 -in deep pull boxes to grade and relocating horizontally to be uniformly offset from centerline and all other work items as required to complete the work in place. In any particular alley the horizontal location shall be 18- inches minimum or 24- inches maximum, with the exact dimension being determined by the Engineer. The dimension shall be determined to minimize the horizontal relocations in any one alley. Any pull boxes damaged during construction shall be replaced at the sole expense of the Contractor. Item No. 23 Remove and Reconstruct PCC Cross Gutter: Work under this item shall include removing existing improvements and constructing PCC cross gutter per applicable portion of City of Newport Beach STD - 185 -L, and all other work items as required to complete the work in place. Item No. 24 Remove and Reconstruct PCC Driveway Approach: Work under this item shall include removing existing improvements and constructing PCC driveway approach per applicable portion of City of Newport Beach STD - 162 -L, STD - 163 -L, and all other work items as required to complete the work in place. Item No. 25 Install Striping, Pavement and Curb Markings: Work under this item shall include removing and installing traffic striping, markings and markers and all other work items as required to complete the work in place. Contractor shall perform inventory of all striping, pavement markings, curb markings in the work area, submit to the Engineer for verification and approval. For bidding purpose, in addition to pavement striping and markings, this item shall include 1,000 LF of red curb in the work area, and 1,500 LF of 4 -inch yellow striping along the property lines in Alley 256 -A and 256 -F. Item No. 26 Remove, Restore and Install Existing Sign on New Post: Work under this item shall include removing existing sign, restoring, and installing existing sign on new 2" square Unistrut with 2 -1/4" Unistruct base in 12 "x12 "x18" deep concrete footing, all other work items as required to complete the work in place. Item No. 27 Remove and Reconstruct Curb Access Ramp, Case "H ": Work under this item shall include sawcutting, removal and disposal of conflicting portions of existing improvements, compacting subgrade, construction of concrete access ramp per City of Newport Beach STD - 181 -L -B, Case "H ", installation of raised truncated domes, 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 or equal. Item No. 28 Remove and Reconstruct Curb Access Ramp, Case "J ": Work under this item shall include sawcutting, removal and disposal of conflicting portions of SP 15 OF 20 existing improvements, compacting subgrade, construction of concrete access ramp per City of Newport Beach STD - 181 -L -B, Case "J ", installation of raised truncated domes, 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 or equal. Item No. 29 Construct Bitter Point Concrete Containment Pad (M- 5414 -S): Work under this item shall include mobilization, surveying, removing existing, and constructing concrete containment pad and all other work items as required to complete the work in place as listed in the Drawing No. M- 5414 -S. Item No. 30 Provide As -Built Drawings: Work under this item shall include all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the engineer for review prior to request for pay. An amount of $10,000 is determined for this bid items. The intent of this pre -set amount is to emphasize to the Contractor the importance of as -built drawings. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." 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, Grade C pump mix per Table 201- 1.3.2(A) of the Standard Specifications for Public Works Construction. In addition, Portland Cement Concrete with Type III Fiber Reinforcement shall be used for alley pavement. Contractor shall use minimum 4 inch hard rock pump. Contractor shall provide the concrete mix, and submittal required for pump capable of pumping required distances with 1 inch hard rock concrete for the Engineer's approval." SP 16 OF 20 SECTION 214 - -- PAVEMENT MARKERS 214 -4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non - reflective pavement markers types A and AY shall be ceramic." 214 -5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass- covered reflective faces or be 3M Series 290." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: http:// www. citV. 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. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement." 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words "1-1/2 inch" of the last sentence with the words "two (2) inches ". SP 17 OF 20 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 302 - -- ROADWAY SURFACING RI1i�.WF9 C 0:1119:8 9-AM A N11:10 II 302 -5.1 General. Add to this section: 'The asphalt concrete (AC) used for surface caps shall be III -C3 -AR -4000. The AC for base course shall be III -132 -AR -4000. All cracks '/< -inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot - applied crack sealant approved by the Engineer. In residential areas no highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top 1-1/2 inches of asphalt shall be placed in a separate lift. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted 95% minimum with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302 -5.4 Tack Coat. Add to this section: "Prior to placing the asphalt concrete patches, a tack coat of Type SS -1 h asphaltic emulsion at a rate not to exceed one - tenth (1/10) of a gallon per square yard shall be uniformly applied to existing AC and PCC surfaces and edges against which asphalt concrete is to be placed." 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 302 -6.6 Curing. Add to this section: 'The Contractor shall not open street improvements to vehicular use until PCC has attained the minimum compressive strength specified in Section 201 -1.1 -2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6 -7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements Iysri•1Wz1] 303 -5.1.1 General. Add to this section: "Contractor shall use minirnum 4 inch hard rock pump. Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patch back shall be placed within 72 hours following concrete placement. Newly poured PCC improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 303 -5.4 Joints 303 -5.4.1 General. Add to this section: "The Contractor shall make a sawcut parallel to the centerline of the alley, 2 feet along each side of centerline, unless notice otherwise, over the entire length of the alley. The Contractor may also sawcut the property lines, adjacent to the alley, in lieu of scoring the pavement along the property lines or constructing an edged cold joint. The contractor shall saw cut weakened plane joints adjacent to both sides of all utility vaults or pull boxes perpendicular to the alley from edge of gutter sawcut/cold joint to property line, in the same manner as required in City of Newport Beach Std.- 141 -L. All sawcuts shall be made to a depth of 2 inches." 303 -5.5 Finishing 303 -5.5.1 General. Add to this section: "The Contractor shall patch back AC, PCC and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color." 303 -5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" or "W" for sewer or water lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718- 3402." 303 -5.5.4 Gutter. Add to this section: "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.6 Preparation of Existing Surfaces. Modify and amend this section to read: "The Contractor shall remove all existing thermoplastic traffic striping and SP 19 OF 20 pavement markings prior to application of slurry seal by a method approved by the Engineer." 310 -5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: "The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 310 -5.6.8 Application of Paint. Add to this section: "Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. If temporary striping is not placed within 24 hours, the City shall use its own contractor and the Contractor shall be back - charged for the work. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.45 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re- install "NO PARKING, TOW- AWAY" signs and re- notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes /covers /damages existing striping and /or raised pavement markers outside of the work area, he shall re- stripe /replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City. The Contractor shall complete an inventory of existing red curb markings in the work area in addition to called out on plans, and submit to the City inspector to verify. The Contractor shall repaint existing red curb per City directions." SP 20 OF 20 SECTION 312 - -- PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT. Amend this section with: 1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD - 902 -L- 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry." F:\ Users \PBw\Shared\Contracts \FY10 -11 \Ocean Front Alley Replacement 14(h -21st C- 4316 \SPECS C- 4316.doc APPENDIX "A" CONSTRUCTION PHASING PLAN Note: This Construction Phasing Plan is in color. For a digital copy, email: FTran @NewportBeachCa.gov 1` T V I /� </KURP � PUBLIC WORKS DEPARTMENT OCEAN FRONT STREET & ALLEY REPLACEMENT - 14TH TO 21ST STREETS C -4316 CONSTRUCTION PHASING PLAN NEWPORT CHANNEL N GENERAL NOTE: CONTRACTOR WAY PROCEED WTH WORT( ON PHASES 2 THROUGH S IN ANY ORDER. REFER TO SECTION 6 -7.1 OF THE SPECIAL PROVISIONS FOR SPECIFIC REQUIREMENTS FOR PHASES 1. SA S 68 ® PHASE I - 10TH STREET (NORTH OF B BOA BLVD.) - PHASE 2 (PROVIDE STEEL PLATE TO MAINTAIN ACCESS ON 20TH STREET) - PHASE 3 PHASEA - PHASE - PHASE 6A- SUMMER WORK FROM 007=1 I TO 07Q6 l PHASE 68 - SUMMER WORN FROM M7=1 TO 071260011 CHURCH ALLEY 26 &E ALLEY 256 -F J�JO N �JJn N 4 NEVIPONT E1BL II som �`y v�lEltE1'l .e$Lj A N.T.S. LAS ARENAS PARK A6E A V256.B WEST BALBOA BLVD. WEST SALBOA BLVD. VE ALLEY 25gA ALLEY2S6-B ALLEY 266-C ALLEY 26&D PROVIDE STEi1 PLATE h WEST OCEAN FRONT w GENERAL NOTE: CONTRACTOR WAY PROCEED WTH WORT( ON PHASES 2 THROUGH S IN ANY ORDER. REFER TO SECTION 6 -7.1 OF THE SPECIAL PROVISIONS FOR SPECIFIC REQUIREMENTS FOR PHASES 1. SA S 68 ® PHASE I - 10TH STREET (NORTH OF B BOA BLVD.) - PHASE 2 (PROVIDE STEEL PLATE TO MAINTAIN ACCESS ON 20TH STREET) - PHASE 3 PHASEA - PHASE - PHASE 6A- SUMMER WORK FROM 007=1 I TO 07Q6 l PHASE 68 - SUMMER WORN FROM M7=1 TO 071260011 CHURCH ALLEY 26 &E ALLEY 256 -F J�JO N �JJn N 4 NEVIPONT E1BL II som CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 2/14/2011 Dept. /Contact Received From: Shauna Oyler Date Completed: 2/15/2011 Sent to: Shauna Oyler By: Joel Company /Person required to have certificate: Nobest, Inc. I. GENERAL LIABILITY A. INSURANCE COMPANY: Landmark American Ins. Co B. AM BEST RATING (A-: VII or greater): A, XII C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? Yes No OX D. LIMITS (Must be $1 M or greater): What is limit provided? $1,000,000 E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) Yes X No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Yes F_X] No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? Yes F X1 No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? Yes 0 No IF 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. Will mail II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Peerless Insurance Company B. AM BEST RATING (A-: VII or greater) A,XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Yes No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A Yes No F. 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. Will mail III. WORKERS' COMPENSATION A. INSURANCE COMPANY: Travelers Indemnity Company B. AM BEST RATING (A-: VII or greater): A +XV C. LIMITS: Statutory X D. WAIVER OF SUBROGATION (To Include): Is it included? Yes QX No 0 HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach Yes 0 No QX General Liability Carrier is non - admitted and requires Risk Manager approval ❑ Requires approvallexceptionlwaiver by Risk Management Comments: Approved: Risk` Management Date Date B &B initials CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. to February 8, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Frank Tran, Associate Civil Engineer 949 - 644 -3340 or Ftran @NewportBeachCa.gov SUBJECT: OCEAN FRONT STREET AND ALLEY REPLACEMENT — AWARD OF CONTRACT NO. 4316 ISSUE Staff requests City Council approval to award the Ocean Front Street and Alley Replacement project to Nobest, Inc. RECOMMENDATIONS 1. Approve the project drawings and specifications. 2. Award Contract No. 4316 to Nobest Inc. for the Total Bid Price of $907,000.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $136,050.00 (15 %) to cover the cost of unforeseen work and anticipated additional concrete street pavement not included in the original contract. DISCUSSION At 10:00 A.M. on January 19, 2011 the City Clerk opened and read the following bids for this project: TOTAL BID AMOUNT $ 907,000.00 $1,017,256.00 $1,057,530.00 $1,061,245.00 $1,194,815.00 $1,244,902.90 ** $1,293,293.00 $1,314,300.00 $1,405,615.00 $1,442,927.50 $1,478,880.00 Bid read as $1,005,286.00 Bid read as $1,057,537.00 * ** Bid read as $1,245,212.50 Bid read as $1,442,977.50 BIDDER Low Nobest, Inc. ( Nobest) 2 Hillcrest Contracting 3 GSCI (Golden State) 4 Kalban, Inc. 5 Grigolla & Sons Const. 6 Martinez Concrete, Inc. 7 All American Asphalt 8 Beador Construction 9 Peterson -Chase 10 PALP, Inc. 11 EBS, Inc. TOTAL BID AMOUNT $ 907,000.00 $1,017,256.00 $1,057,530.00 $1,061,245.00 $1,194,815.00 $1,244,902.90 ** $1,293,293.00 $1,314,300.00 $1,405,615.00 $1,442,927.50 $1,478,880.00 Bid read as $1,005,286.00 Bid read as $1,057,537.00 * ** Bid read as $1,245,212.50 Bid read as $1,442,977.50 Ocean Front Street and Alley Replacement— Award of Contract No. 4316 r r ,.,,, February 8, 2011 e" Page 2 The low total bid amount is 35% lower than the Engineer's Estimate of $1,400,000. The disparity between the estimate and the actual bid prices reflect a more favorable construction market. The low bidder, Nobest, possesses a California State Contractors License Classification "A" as required by the project specifications. A check of Nobest's references indicates satisfactory completion of similar projects for other public agencies and the City of Newport Beach. Given the favorable project unit prices by Nobest, staff recommends Council to establish a fifteen percent (15 %) contract contingency to be included in the contract award, totaling $136,050.00. Those added funds will provide an opportunity for the City to take advantage of the low unit prices to perform additional concrete replacement in the project limits. The work necessary for the completion of this contract consists of removing existing asphalt and concrete alleys and constructing new concrete alleys, adjusting utilities to grade and performing other appurtenant and incidental items of work as required. The alley replacement included in this contract is the final work effort for the Assessment District 99 Underground Utility District. In addition, asphalt concrete pavement grind and overlay will be placed on 19th Street from Balboa Boulevard to the Newport Channel; concrete removal and replacement will occur on streets from 14th Street to 20th Street between Balboa Boulevard and Ocean Front sidewalk. The work also includes constructing an 8 -in thick concrete containment pad at the City of Newport Beach's Oil and Gas Facility in West Newport for compliance with the City's Spill Control and Countermeasure Plan (SPCC). This containment facility is required by the EPA to prevent the spill of crude oil from contaminating navigable waters such as the canal north of Newport Shores community when transferring crude oil from the facility to tanker transport trucks. Pursuant to the Contract Specifications, the Contractor will have 100 consecutive working days to complete the work. ENVIRONMENTAL REVIEW This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines. This exemption covers the minor alteration of existing public facilities with negligible expansion. PUBLIC NOTICE The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Affected residents and businesses will be notified prior to the start of the project. GEOTECHNICAL SERVICES In addition to the contract costs, approximately $10,900 in geotechnical and material testing services is estimated for this project and will be performed under the on -call professional services agreement with Harrington Geotechnical Engineering, Inc. Ocean Front Street and Alley Replacement —Award of Contract No. 4316 February 8, 2011 Page 3 FUNDING AVAILABILITY Sufficient funds will be available in the following accounts for the project: Account Description Account Number Amount General Fund 7013- C2002033 $ 384,321.00 AD -99 Street Rehabilitation 74099 -9804 217,240.00 AD -99 Const. Contingency 74099 -9805 207,867.00 Water Enterprise Fund 7501- C2002033 199,210.00 Wastewater Enterprise Fund 7531- C7001002 12,362.00 Oil Field Maint. and Repair NOC 5400 -8160 34.000.00 - Total: $ 1,055,000.00 Proposed uses are as follows: Vendor Nobest, Inc. Nobest, Inc. Harrington Geotechnical Various Prepared by: e Frank Tran Associate Civil Engineer Attachment: Project Location Map Purpose Construction Contract Construction Contingency Geotechnical Services Printing and Incidentals Total Amount $ 907,000.00 136,050.00 10,900.00 1,050.00 $ 1,055,000.00 LOCATION MAP OCEAN FRONT STREET & ALLEY REPLACEMENT - 14TH TO 21 ST STREETS C -4316 y�tiF NEWPORT CHANNEL BAY AVE T - - i 71 TTT7 Tll:r-TT L -I11L / !m 1 — _ LAS ARENAS PARK x - JL d' i 4i ril WEST BALBOA BLVD -..�- -.. _.v r r � iiiil T rT,rr,- / F -Ll, 1! I 1 I i I i i I' i i •- 7 _ i ... ?.. - f %- T l l --1 1 amxx erem. I�1�����11�!��� -.1 1 �il xxooi E „ I A E L¢ 2& 1 I' L li. i;_ i i 1. U �_1i 1' _.JL i!I ice)_ WEST OCEAN FRONT tQ 41 wc m 0 J y N x� N.Tn.S. PROJECT AREA mgsr PROJECT Q - LOCATION �r 9(t BITTER POINT CONCRETE CONTAINMENT PAD N.T.S.