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HomeMy WebLinkAboutC-4432 - Irvine Avenue Sidewalk WideningIII OFFICE OF THE CITY CLERK K Leilani I. Brown, MMC May 27, 2011 Mr. Steven Grigolla S.J. Grigolla Construction Co., Inc. 2639 Sierra Way La Verne, CA 91750 Subject: Irvine Avenue Sidewalk Widening (C -4432) Dear Mr. Grigolla: On May 25, 2010, 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 June 4, 2010. Reference No. 2010000263798. The Surety for the contract is The North American Suretec Insurance Company and the bond number is 4378058. Enclosed is the Faithful Performance Bond. Sincerely, o�"'D. u - Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us This 1 was issued in four (4) identical c, terparts. Ala •u - CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE AVENUE SIDEWALK WIDENING CONTRACT NO, 4432 BOND NO. 4378058 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 2,173. 00 being at the rate of $ z5.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to S.J. Grigolla Construction Co., Inc., hereinafter designated as the "Principal ", a contract for construction of IRVINE AVENUE SIDEWALK WIDENING, Contract No. 4432 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. 4432 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and SureTec Insurance 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 Eighty -Six Thousand, Nine Hundred Twenty and 00 /100 Dollars ($86,920.00) 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. 36 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 26th day of February 201 Q. "'�Gb4✓ 8 , S.J. Grigolla Construction Co., Inc. (Principal) Authorized Signature/Title SureTec Insurance Company - Name of Surety Authorized Agent re 3033 5th Avenue, Suite 300 San Diego, CA 92103 Address of Surety (800) 288 -0351 Telephone Arturo Ayala Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED F:1UserslPBW\SharedlContmctskFY 09-10 \twine Ave Sidewalk. Widening C443MONTRACT C- 4432.Doc 37 State of California ) CALIFORNIA ALL - PURPOSE County of Los Angeles ) CERTIFICATE OF ACKNOWLEDGMENT On _t),0t0 before me, Earl L. Hooper, Notary Public (here insert name and title of the officer) ' personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name are-subscribed to the within instrument and acknowledged to me that(feYshrfltrey- executed the same in Is authorized capacity(( and that by�- signatureXon the instrument the person(); or the entity upon behalf of which the person(yYacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the =No PER State of California that the foregoing paragraph is true and correct. o 56370 Z z 3 ' California o County WITNESS my hand and official seal. u . 7, 2011 Signature0� (Seal) OPTIONAL INFORMATION Although the information in this section is not required by low, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled /for the purpose of It riNf C C,t -ccco r W\. o, Vk containing _ Z_pages, and dated The signer(s) capacity or authority is /are as: ❑ Indlvidual(s) [ttorney -in -Pact — Corporate Offcer(s)�.�.Si` -p Title(sl ❑ Guardian /Conservator ❑ Partner limited /General ❑ Trustee(s) Cl Other: representing: Plame!sl of Perso iAOr Enlity(res) Si9ne, s P.epresenuny .Method of Signer Identification Proved to me on the basis of satisfactory evidence: LO form(s) of identification C) credible %vitness(es) Notarial event is detailed In notary journal on: Page a Entry ft Notary contact: Other U Additionalagner(s) ❑ Signer(s)Thumbprint(h D Copyright 2007 Notary Rotary, Inc, 925 291h St., 0e, Ncines, 11 503123611 form A.CK03. 10/07. To,e-ordeo, call tall-free 1- 877 -349 e,588 or visit os on the Intemet at httpi /vrw- .v.no;aryroiary.com CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 2/26/10 before me, DanielHuckabav NotarvPublic Date Here Insert Name and Title of the Officer personally appeared Arturo Ayala Name(s) of Signers) DANIEL HUCKABAY COMM. #1796314 n Notary .. .,. (:r s,I; Public -0alifornia ORANGE COUNTY a ' 1fy COMM. Expires Apr. 24,2012 Place Notary Seal Above 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 he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY the State of Califgra a tfi and correct. / Witness my Signature OPTIONAL PERJURY under the laws of :'fsxregoing paragraph is true Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Faithful Performance Bond Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Arturo Ayala ❑ Individual ❑ Corporate Officer— Title(s)' ❑ Partner —❑ Limited ❑ General Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of Number of Pages: Two Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top ©2007 National Notary Association • 9360 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 - www.NafianalNotary.org Item #5907 Reorder: Call Toll -Free 1- 800 -876 -6827 Bond No. 4378058 POA. #: 510023 SuireTec Insurance Company LIMITEID POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company "), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Arturo Ayala, Ralph Eidem Jr., Daniel Huckabay its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no /100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and continuing all that the said Attorney(s) -in -Fact may do in the premises. Said appointment shall continue in force until 10/31/12 and is made under and by authority of the following resolutions of the Board of Directors of the SureTee Insurance Company: Be it Resolved that the President, any Vice- President, any Assistant Vice - President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Atiomey -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held oil 26" of.4prit, 1999.) In fitness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 28th day of October, A.D. 2008. SURETECINS ifA CE COMPANY s Byt -- t,`u B.J. KirkTresident State of Texas as: - County of Harris On this 281h day of October, 2008 before me personally came B.J, King, to me known, who, being by me duly swom, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. Michelle utry State penny State Texas as ExpkNAntrustar,aota 'V Michelle Denny, Notary P tic My commission expires August 27, 2012 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is stilt in frill force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 26th day of February 120 — 10 —, A.D. / M. Brent ZBeatv, Assts an! Secry xary� Any instrument Issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812 -0800 any business day between 8:00 am and 5:00 pm CST. OFFICE OF THE CITY CLERK Leilard 1. Brown, MMC July 9, 2010 Mr. Steven Grigolla S.J. Grigolla Construction Co., Inc. 2639 Sierra Way La Verne, CA 91750 Subject: Irvine Avenue Sidewalk Widening (C -4432) Dear Mr. Grigolla: On May 25, 2010, 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 June 15, 2010, Reference No. 2010000263798. The Surety for the contract is SureTec Insurance Company and the bond number is 4378058. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilani I. Brown, MMC UAj RLV�'- City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us "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 S.J. Grigolla Construction Co., Inc., of La Verne, California, as Contractor, entered into a Contract on March 9, 2010. Said Contract set forth certain improvements, as follows: Irvine Avenue Sidewalk Widening (C -4432 Work on said Contract was completed, and was found to be acceptable on May 25. 2010, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is SureTec Insurance Company. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. r- Executed on N� ylV . y11 �� at Newport Beach, California. BY II�V i� . � / City Clerk iLt� N� I� RECORDING REQUESTED BY AN[ Recorded in official Record!1ga" p§ur f} Q: 13 Tom Daly, Clerk- Recorder WHEN RECORDED RETURN TO: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE C =R OE OF City Clerk 2010000263798 3:58 pm 06100 01T CLERK City of Newport Beach 62 417 N12 1 CITY 0- ';',_;;FORT BEACH 3300 Newport Boulevard 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and S.J. Grigolla Construction Co., Inc., of La Verne, California, as Contractor, entered into a Contract on March 9, 2010. Said Contract set forth certain improvements, as follows: Irvine Avenue Sidewalk Widening (C -4432 Work on said Contract was completed, and was found to be acceptable on May 25. 2010, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is SureTec Insurance Company. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. r- Executed on N� ylV . y11 �� at Newport Beach, California. BY II�V i� . � / City Clerk iLt� N� I� CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC May 26, 2010 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notices of Completion for the following projects: • Coastal Access & Pedestrian Circulation Improvements (C -3628 • Irvine Avenue Sidewalk Widening (C -4432) Please record the enclosed documents and return them to the City Clerk's office. Thank you. Sincerely, 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 • www.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 S.J. Grigolla Construction Co., Inc., of La Verne, California, as Contractor, entered into a Contract on March 9, 2010. Said Contract set forth certain improvements, as follows: Irvine Avenue Sidewalk Widening (C -4432 Work on said Contract was completed, and was found to be acceptable on May 25, 2010, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is SureTec Insurance Company. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. p nn'� n /� Executed on N� UM t�� �1i�� at Newport Beach, California. BY &i � �� City Clerk CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT May 25, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Tom Sandefur, Associate Civil Engineer 949 - 644 -3312 ortsandefur @newportbeachca.gov SUBJECT: IRVINE AVENUE SIDEWALK WIDENING —COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4432 Recommendations: 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 3. Release the Faithful Performance Bond one year after Council acceptance. Construction Contract Summary: Discussion: On March 9, 2010, City Council authorized the award of the Irvine Avenue Sidewalk Widening Project to S.J. Grigolla Construction, Inc. The contract provided for the removal of the existing sidewalk, pouring new sidewalk, replacing existing curb and gutter, installing curb ramps, removing interfering trees, root pruning, moving and restoring irrigation systems, and removing and reinstalling street signs. Due to rain during the project, S.J. Grigolla Construction, Inc. was granted two additional work days. Construction Contract Final Cost at Benchmark Contract Award Amount Completion Target Actual Time (days) JUnder(-) $86,920.00 $92,054.66 Contract Contract 15 +10% +6% Discussion: On March 9, 2010, City Council authorized the award of the Irvine Avenue Sidewalk Widening Project to S.J. Grigolla Construction, Inc. The contract provided for the removal of the existing sidewalk, pouring new sidewalk, replacing existing curb and gutter, installing curb ramps, removing interfering trees, root pruning, moving and restoring irrigation systems, and removing and reinstalling street signs. Due to rain during the project, S.J. Grigolla Construction, Inc. was granted two additional work days. Irvine Avenue Sidewalk Widening- Completion A Acceptance of Contract No. 4432 May 25, 2010 Page 2 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: $86,920.00 Actual cost of bid items constructed: 86,194.00 Total change orders: 5,860.66 Final contract cost: $92,054.66 The final overall construction cost, including one change order was approximately 6% percent above the original bid amount. The one change orders consisted of the three cost items listed below: Item No. Description Amount 1 Additional back of walk curb $4,830.00 2 Additional stump grinding and root removal 500.00 3 Decomposed granite for topping adjacent to school 530.66 Total Project Change Orders $5,860.66 A summary of the project schedule is as follows: Estimated Completion Date per 2009 Schedule: April 23, 2010 Project Award for Construction: March 9, 2010 Contract Completion Date per NTP & Approved Extensions April 19, 2010 Actual Substantial Construction Completion Date: April 21, 2010 Environmental Review: This project was exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 Class 1 (c), of the CEQA Implementing Guidelines. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work, two City - prepared construction informational notices were distributed by the Contractor to Irvine Terrace Association residents and the businesses within the work vicinity. The first notice was distributed ten days prior to the scheduled work. The second notice was distributed 48 hours before the work commenced. Irvine Avenue Sidewalk Widening- Connpie,ion and Acceptance of Contract No. 4432 .. May 25, 2010 Page 3 Funding Availability: In addition to the original construction contract, this project involved other project expenses, as summarized below: Construction $92,054.66 Geotechnical Inspection 2,500.00 Incidentals 135.48 Total Project Cost $94,690.14 Funds for the construction project were expended from the following account: Account Description CDBG General Fund Prepared by: Tom Sandefur Associate Civil En sneer Attachment: Location Map Account Number 7161- C2001009 7013- C2001009 Total Submitted by: Amount $ 53,039.00 39, 015.66 $92,054.66 ffi G. Badum Works Director IRVINE AVENUE SIDEWALK REPLACEMENT CONTRACT NO. 4432 OnnnF W Z W W Z �l NEWPORT HARBOR HIGH SCHOOL PROJECT LOCATION 15TH STREET ENSIGN INTERMEDIATE GOPS'( N\G CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 a.m. on the 18th day of February 2010, at which time such bids shall be opened and read for IRVINE AVENUE SIDEWALK WIDENING Title of Project Contract No. 4432 $128,000.00 Engineer's Estimate aEW PpRr O� m � n u z cq<lcp RN�P rphen G. Badum is Works Director Prospective bidders may obtain one set of bid documents for $10.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: "A" or 11C -8" For further information, call Tom Sandefur, Proiect Manager at (949) 644 -3312 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.NewportBeachCA.,qo CLICK: Online Services / Bidding & Bid Results 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE AVENUE SIDEWALK WIDENING CONTRACT NO. 4432 TABLE OF CONTENTS NOTICE INVITING BIDS .............................................. ............................... ..........................Cover INSTRUCTIONS TO BIDDERS ................................................................... ..............................3 BIDDER'S BOND .......................................................................................... ..............................5 DESIGNATION OF SUBCONTRACTOR( S) ................................................. ..............................6 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION... .................................................... 7 PUBLIC CONTRACT CODE ......................................................................... ..............................8 PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT ............................................ 8 PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE ......... ..............................8 PUBLIC CONTRACT CODE 10232 STATEMENT .................................. ..............................9 .............. FR -1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ......................... .............................10 ......... FR-2 NON - COLLUSION AFFIDAVIT... .............................................................................................. 14 DESIGNATION OF SURETIES .................................................................... .............................15 PR -1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL... ........... 16 ACKNOWLEDGEMENT OF ADDENDA ...................................................... .............................18 INFORMATON REQUIRED OF BIDDER ..................................................... .............................19 DEBARMENT AND SUSPENSION CERTIFICATION .................................. .............................22 NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS ....... .............................23 DISCLOSURE OF LOBBYING ACTIVITIES ................................................ .............................24 INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES ........................................... .............................25 SECTION 2 PROPOSAL REQUIREMENTS AND CONDITIONS ............... .............................26 SECTION 2 -1.01 GENERAL ................................................................. .............................26 SECTION 2 -1.015 FEDERAL LOBBYING RESTRICTIONS ................. .............................26 NOTICE TO SUCCESSFUL BIDDER ......................................................... .............................28 CONTRACT................................................................................................ .............................29 LABOR AND MATERIALS BOND ................................................................ .............................35 FAITHFUL PERFORMANCE BOND ............................................................ .............................37 SUMMARY OF CONTRACT PROVISIONS ............................................................ .............. FR -1 FEDERAL CONTRACT PROVISIONS. ............ .......................................................... ......... FR-2 FEDERAL WAGE DECISION .............................................................. ............................... FR -18 PROPOSAL.......................................................................................... ............................... PR -1 SPECIAL PROVISIONS ............................................................................. ...........................SP -1 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MASTER FORMAL CONTRACT CONTRACT NO. 4432 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2, Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770 -7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. Please note, The Davis -Bacon Wage determinations are available at Federal Wage website: http://www.cipo.gov/davisbacon/ca.html 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. I+L_O"- 13 (_D - A\4 L Contractor's License No. & Classification Bidder J Authorized Signature/Title a I/ /to Date 4 Bond No. SJGRI -26 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE AVENUE SIDEWALK WIDENING CONTRACT NO. 4432 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 Amount Bid Dollars ($log of Amount Bid), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of IRVINE AVENUE SIDEWALK WIDENING, Contract No. 4432 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 12th day of February n , 2p1p_ S.J. Grigolla Construction Co., Inc. Name of Contractor (Principal) Authorized Signature /Title SureTec Insurance Company Name of Surety 1411 N. Batavia, Suite 111 Orange, CA 92867 Address of Surely 800- 288 -0351 Telephone Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 2/12/10 before me, Arturo Ayala Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Huckabay Name(s) of Signer(s) =AA 570 llfornla r 7y i0 2014 v who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand a Signatu Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, if may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 2/12/10 Number of Pages: One Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: Daniel Huckabay ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑Limited ❑General Cd Attorney in Fact • - ❑ Trustee ❑ Guardian or Conservator Top of thumb here ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact • - ❑ Trustee • - ❑ Guardian or Conservator Top of thumb here ❑ Other: Signer Is Representing: 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402-v .NatbnalNotary.org 11em #5907 Reonder. Call Toll -Free 1-800-078 -6827 1 Bond No. SJGRI -26 POA #: 510023 ti�3e��.. � 1•t. �i)�)))�..il)��t• � l00)�1�)..la)� Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company "), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Arturo Ayala, Ralph Eidem Jr., Daniel Huckabay its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no /100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s) -in -Fact may do in the premises. Said appointment shall continue in force until 10/31/11 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any vice - President, any Assistant Vice- President, any Secretary or any Assistant Secretary shall be and is hereby vested with fall power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such insttvments so executed by any such Attorney-in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore ur hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. ( Adopted at a meeting held on 20s of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seat to be hereto affixed this 28th day of October, A.D. 2008. ��es v` yy4 SURETEC INS liZA CE COMPANY t w "imp B.J. lit resident State of Texas S5: p County of Harris ``- 1.....' .".�', On this 28h day of October, 2008 before me personally came .B.J. King; to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Hoard of Directors of said Company; and that he signed his name thereto by like order. Michelle utiva enny State of Twm f j d FSWXea Atp�ad2T,lCfa Iv ore [Xr1jn ` Michelle Denny, Notary P Sic Ivry commission expires August 27, 2012 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 12th day of February, 2010 'A.D. 7 M. Brent eaty, AsslPant ecretary Any instrument Issuers in excess of the penalty stated above is totally void and without any validity. For varitlution of the authority of this power you may call (793) 812 -0800 any business day between 8:00 am and 5:00 pm CST. State of California ) CALIFORNIA ALL-PURPOSE County of Los A frog I a ) CERTIFICATE OF ACKNOWLEDGMENT On \ L!�n \fie Zotd before me, EafI L. Hooper, Notary Public = f� II (here Insert name and title of the officer) personally appeared C�-ea,�,,. 'T. �p12�r o� \a who proved to me on the basis of satisfactory evidence to be the personV whose name((/ e subscribed to the within instrument and acknowledged to me that (04_ilefN3ey executed the same in Is her�tk authorized capacity(i�s and that b ( I of signaturel4 on the instrument the persono, or the entity upon behalf of which the person(vacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the EARL L. HOOPER oin paragraph is true and correct. 1 COMtA. #1756370 z State of California that the foregoing 9 :_� Notary Public . California z WITNESS my hand and official seal. Z M Comm. E Angeles es County O Signature e t--.../LZ (Seal) OPTIONAL INFORMATION Although the information in this section is not required bylaw, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification titled/for the purpose of es , Prored to me on the basis of satisfactory e. idence: Lo form(s) of identification (_) credible line, (es) - Notarial event is detailed in notaq journal on: containing pages, and dated °a- 1 z I o Page a Entry a The signer(s) capacity or authority is /are as: Notar; contact: ❑ Individual(s) Other �❑ torney -in -Fact ❑ Additional 5lgner(s). ❑ signeds)Thumbprint(s) orporate Officer(s) VIP_'Q S`10 2.A Titlehl ❑ ❑ Guardian /Conservator ❑ Partner - Llmited'General _ ❑ Trustee(s) ❑ Other: fI �^t representing: �C G�i4o1`� ce"l -A u.m Name, or Person(,) ler Entlrpes) Slpne, Is Pepv1,,r, ing Cog, right 2007 Notar. Rota r., Inc 92 5 29th S1, ne: rI -Ines, t450312-361 _ Form =CK03. r, 0. To re -order call toll -free N'1349i5e9. r sislt es on the lnc,met at http . , nolv', ar, c m I Pro file. asp ?61= 0 &AMBNum= 12227 &AltSrc= 1 &AltNum= q l�l " File Edit View Favorites Teals Help c? e$r i .= Best's Credit Rating Center .... s &Analysis v SitreTec Insurance Company 1.fe L-a-�- Prinf this I ctE fit ray s+ A.M. Best #:012227 NAIC #:10916 FEIN #:760668746 • ring n al Strength RmIngs page • hStpu dli R":tirk,:,, Address: 952 Echo Lane, Suite 450 • Dent PiSuur is Houston. TX 77024 •Cant Deposit kaugjs WAITED STATES a Avvared Scafar 9Fh,2n d Blfangfh Rut4eg nun BeR 's cledu r. atiing's Phone: 713- 812 -0850 r Creca Ka hip+ Fez 713-812-046 eL, Spell rePoh5 Web _ -:any suretec.com I Best's creda Reangs Search Your Sim r- r- ctn-ml -rn OARIN5or Socure.Raced rel ° ®� r� ' Page � gs Togls racuavvalvzi Financtal Strength Ratings`ee,Deiiia j2s Issuer Credit Ratings se�l Dennq�ens &Research - L-a-�- Prinf this Long -Temua CIS &Services Financial Size Category: VII ($50 Million to page . j - ty Information For ratings and p•l Date: November13,2009 INS rating is 9Fh,2n d Blfangfh Rut4eg l Effective Date: November 13,2009 v sigr d to i BEST ' Denotes Under Review Ratings See rating definitions, Lam] �I Crn4lanles A I3ccadent :hat nave, in: our opinion, an zeelloot abilliq to meet ilun ongoirg, . obligations to Finder Saw S,. ,•cGr}ngtders• Enter a company NF,' >3 db ¢ •Rd Search racuavvalvzi Financtal Strength Ratings`ee,Deiiia j2s Issuer Credit Ratings se�l Dennq�ens &Research - Rating:A(Excellent) Long -Temua CIS &Services Financial Size Category: VII ($50 Million to Outlook: Stable - S100 ?,.411 ion) Action: Affirmed ty Information Outlook Stable Date: November13,2009 rate n Action:Affirmed art &Resources= Effective Date: November 13,2009 renoesand Eventse ' Denotes Under Review Ratings See rating definitions, I YiorRcnW, -Defy Select one_. _ I _ {Internet I't1SU'No dlSfatt r,Il o< :�Micruscft... 1 U79 2Par.. COfJTF W 10 :51Ar-1 Z 3. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE AVENUE SIDEWALK WIDENING CONTRACT NO. 4432 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work Proposed °/u of Number $ Total Bid Name: 6&nn &I T Address: igRa2, `fie \e-pVcDe Ave �nG f„ It. G o N c &e-E- e Omviu, cc . (a Phone: `tort 7-DUIo� 5t /- State License Number: StP57D Federal Employer ID Number: C5-4t2t$Ol Name: (2. o . RO L&I j3bZ Address: tkmS5 Firs} A Ti-t ,ir,AaAe, OnL, ctliotg �ccESS D fn straw (J Phone: gocl 59l0-3'1y-1 Sib (;aNGr•G>LG State License Number: M/A Federal Employer ID Number: 91D•"34`4gF SS Name: NoIdS �e r.IGhet Address: MOT)Ike `51c( -0 beach,cc,- Phone: c*g) q-�>Z State License Number: Hl3Sa7 Federal Employer ID Number: 330'6' lc Bidder Pn.eq.S ;e 1 SJti ✓G°-f 7231 Qk%JUg& &C• �eLe S Authorized-'Signature/Title 3 5J2JE`T 6 A-CO(.), `/ EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder 51. ����Iq ldq/ . CU. lfwc proposed subcontractor (pAntxeft , A,6f .5, hereby certifies that he has ✓ ,has not participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60- 1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60 -1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60- 1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract (3o I' c U.S. Department of Labor. 1'/P% e VA r PUBLIC CONTRACT CODE Public Contract Code Section 10285.1 Statement In conformance with Public Contract Code Section 10285.1 (Chapter 376, Slats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has -,K,, , has not been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Public Contract Code Section 10162 Questionnaire In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the following space- 9 Public Contract Code 10232 Statement In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. 61, CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE AVENUE SIDEWALK WIDENING CONTRACT NO. 4432 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number Project Description Approximate Construction Dates: From a -1 - 1O To: 'yk-_' 5 Agency Name ho SHw+k I n,i'f A Contact Person IV,c= Zr "2sr ,az Telephone (949) Cr Original Contract Amount $ � p, Final Contract Amount $ LO rG0© . If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? if yes, briefly explain and indicate outcome of claims. i.y O 10 No. 2 � ^ I Project Name /Number NAC'rDI (-. 5 }' Project Description /- �-' A Approximate Construction Dates: From al - vo. To: - i -Q0 -)n Agency Name 6a ot-% Contact Person Gc he (�`P;i �rPZ Telephone (!�) 71Q --'' 1,J Original Contract Amount $'da,q5t) Final Contract Amount $ aa, °i c5o "O 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. t — No. 3 Project Name /Number ADA Project Description Whee\ �C�eSS�an�,�S Approximate Construction Dates: From I-a-1 - I To: QL- o Agency Name ct f 0 LA te, 1�5jr Contact Person N,JlLL Telephone (-(ILO Original Contract Amount $rtU�Final Contract Amount $ SO, \A-T l 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. 11 No. 4 Project Name /Number Project Description Approximate Construction Dates: From / '3L�1 l O°i To: Agency Name 614,1 Ok PAC.04�m' Contact Person ito Telephone (me,) Original Contract Amount $R1,115. Final Contract Amount $ 2=S e o 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 5 -5 - O q To: Agency Name lit`( o Crr<<M SPN JAS Contact Person c1� p� . �� Y Telephone (Too) qOa. -gXI_o 1 Original Contract Amount $ Final Contract Amount $_(3� 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. 12 No. 6 Project Name /Number ', Project Description c 1I P;[ kl� 7 1 . C Approximate Construction Dates: From 7 -Iq -0 i To: 2 - Agency Name tVAW Contact Person Telephone (9�) 59& - � 7.5�S Original Contract Amount $Ir -. '' °Final Contract Amount $ (oq,173 :�So 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. A Bidder Authorized Signature/Title 13 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE AVENUE SIDEWALK WIDENING CONTRACT NO. 4432 NON - COLLUSION AFFIDAVIT State of California ) Countyof Ln'f An /ge�ss ire %n. r� jw( �IIA being first duly sworn, deposes and sayyss that he or she is PnLbitlG t of _5.5 iyti�'�IU4 �o�JDbLs.7 -s2the 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 o aliforn'a that the foregoing is true and correct. S •off. l�lrinV \In V`Li��T 1'.•. _.af..P5- Bidder �] Authorized SignaturelTitl Subscribed and sworn to (or affirmed) before me on this AL day of �, 2010 by Sk e V Z . C- re � G c I I e personally known to me or proved to me on the basis of satisfactory evidence 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. � EARL L. HOOPER Notary COMM. #1756370 z Public M Notary Public - California o [SEAL] Z Los Angeles County M Comm. Expires Aug. 7, 2011 My Commission Expires: Z - 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE AVENUE SIDEWALK WIDENING CONTRACT NO. 4432 DESIGNATION OF SURETIES Bidders 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): *-11 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE AVENUE SIDEWALK WIDENING CONTRACT NO. 4432 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name .�� _-ly-'k c- CL) 01) Q ---7,C, Record Last Five (5) Full Years Current Year of Record ne imormauon required Tor tnese items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 16 Current Record Record Record Record Record Yearof for for for for for Record 2009 2008 2007 2006 2005 Total 2010 No. of contracts L4 5 42, y(p 49 52� Sc ab3 Total dollar Amount of Contracts (in Thousands of $ d.brA•f• 3.Sr4f 3. (Dm j 3'(014"J 3, 7ijj G 3. /Mil a6.1 No. of fatalities (, 0 b Q Q U d No. of lost Workday Cases kj p 6 t7 1, a (v No. of lost workday cases involving permanent transfer to ^O another job or termination of employment ne imormauon required Tor tnese items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 16 Legal Business Name of Bidder Business Address:lG Business Tel. No.: 9C)q U— c - l �yOl State Contractor's License No. and Classification: '4Lc<pjc5 L=C2 _ A} Title Pme g 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 Iv If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 17 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On 2/17/10 before me, Kathy Sisson, Notary Public NAME, TITLE OF OFFICER - E.G. "JANE DOE, NOTARY PUBLIC' personally appeared Steve Grigolla , NAME(S) OF SIGNER(S) 0 personally known to me - -OR-0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(aj is /are Mal subscribed to the within instrument and acknowledged to me that he //they executed the same in his /be ? /the`�r authorized capacityGe< and that by his />ei-/tleir signature(eon the instrument the person( -W or the entity upon behalf of which the person(s)' acted, executed the instrument. WITNESS my hand and official seal. ��SIGAfYf RE OF NOTARY Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL C CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On 2/17/10 before me, Kathy Sisson, Notary Public NAME, TITLE OF OFFICER - E.G. "JANE DOE, NOTARY PUBLIC" personally appeared Stella Grigolla NAME(S) OF SIGNER(S) 0 personally known to me - -OR—E] proved to me on the basis of satisfactory evidence to be the person(_,�r whose name(5Kis /are subscribed to the within instrument and acknowledged to me that Jae /she /they executed OFFICIAL EON the same in tyithat their authorized wmnslssoN capacity(ies)', and that by his /her /their" a COOMMISSIOON 016463800 signature(.sj' on the instrument the person(s'p, or ORANGE COUNTY the entity upon behalf of which the person(4 My Cwninbsion Exp. February 19, 2010 acted, executed the instrument. WITNESS rn - hand--and official seal. SIGNATURE OF NOTARY Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER TITLE(S) • PARTNER(S) ❑ LIMITED ❑ GENERAL • ATTORNEY -IN -FACT • TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE AVENUE SIDEWALK WIDENING CONTRACT NO. 4432 ACKNOWLEDGEMENT OF ADDENDA Bidders name S J �riQC l �� l r Yl�t l 't �t C, . The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Si - ajuEe - No 18 S. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE AVENUE SIDEWALK WIDENING CONTRACT NO. 4432 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: 6 J. �r igNllr gun a I C . Business Address: atc)7)q rra 1 �a . _� ';�A \ L, o /-'-- e11-7c Telephone and Fax Number: 525) 55 1S3 California State Contractor's License No. and Class:T?,�l - �\ (REQUIRED AT TIME OF AWARD) Original Date Issued: 9 1 e (t I/ Expiration Date:_ C( -�O - Q-( in 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: J e w1 T, (p w: 5,611,9 — 1 re o. 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 Corporation organized under the laws of the State of Cap, -� 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: ro All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: , J , (op,;cnoi pr eows*. ca. :oiC.• 6QC7Z LAISr PJGGn. w/ 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; IJons6 Briefly summarize the parties' claims and defenses; P1arJC Have you ever had a contract terminated by the owner /agency? If so, explain. UO Have you ever failed to complete a project? If so, explain. ►1 e 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 complian e (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.) ?Yes / Are any claims or actions unresolved or outstanding? Yes /& 20 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. SJ Grigolla Const. Co., Inc. 2639 Sierra Way (Print name of Owner or President La Verne, Ca. 91750 of Cor ora 'on /Company) Uc. 4 462356 -A &B i Bidder ' AVfhorized Signature/Title Pn it C Title STATE OF CatkforafIa ck (I(0 Ic7 ....I ..... ®....o.. Date 001111111W OF ....... LO.9 ... &a4 °' °- Subscribed and sworn to (or affirmed) before me on this 1k day of %E 1, 2010 by c,0 l� personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. EARL L. HOQPER y COMM. #1756370 zNotary Public California A Los Angeles County M Comm. Ez iresAu . 7, 2017 P Notary Public [SEAL] My Commission Expires: 21 DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he /she or any other person associated therewith in the capacity of owner, partner, director, officer, manager: is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. 22 NONLOBBVING CERTIFICATION FOR FEDERAL -AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. 23 1. Type of Federal Action: 1E a. contract It. grant c. cooperative agreement d. loan e. loan guarantee f. loan insurance 2. Status of Federal Action: ® a. bid /offer /aoDlication b. initial award c. post -award 4. Name and Address of Reporting Entity Prime Subawardee Tier , if known Congressional District, if known 6. Federal Department/Agency: 8. Federal Action Number, if known: 31 3. Report Type: © a. initial b. material change For Material Change Only: year quarter date of last report 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Congressional District, if known 7. Federal Program Name /Description: 4N32 CFDA Number, if applicable 9. Award Amount, if known: 5J Grigolla Const. Co., Inc, 10. a. Name and Address of Lobby Entity b. Individuals Pe 398MnM(WW'ng (If individual, last name, first name, MI) address if diffe{{�ent m No. 10 (last name, firsF2 Qxpe, ua. 91750 Lie. # 462356 -A &B (attach Continuation Sheet(s) if necessary) 11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) $ E] actual [ planned a. retainer b. one -time fee 12. Form of Payment (check all that apply): c. commission ea. cash d. contingent fee b. in -kind; specify: nature a deferred value f. other, specify 14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11: ,j/�J: •Jt: (:}J i • s i otR.wo—lk � i aA.k.t)i .r/S (attach Continuation Sheet(s) if necessary) 15. Continuation Sheet(s) attached: Yes El No 19, 16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of Signature: lobbying reliance was placed by the tier above when his `( 1_ transaction was made or entered into. This disclosure is Print Name: rJ -tcje Ai 11 t0V'- '5oiJfl required pursuant to 31 U.S.C. 1352. This information will be reported to Congress semiannually and will be 'PnC 5 available for public inspection. Any person who fails to Title: file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than Telephone No.: 90°)' 5%- 644 Date: 2117 h C $100,000 for each such failure. Federal Use Only: PZI Authorized for Local Reproduction Standard Form - LLL INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial fling and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and /or has been secured to influence, the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow -up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization fling the report in Item 4 checks "Subawardee" then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application /proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP- DE -90- 001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award /loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in -kind contribution, specify the nature and value of the in -kind payment. 11 Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheets) is attached. 16. The certifying official shall sign and date the form, print his /her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348 - 0046), Washington, D.C. 20503, SF -LLL- Instructions Rev. 06- 04- 90«ENDIFn 25 SECTION 2 - PROPOSAL REQUIREMENTS AND CONDITIONS 2 -1.01 GENERAL The Bidder's Bond form mentioned in the last paragraph in Section 2 -1.07, 'Proposal Guaranty," of the Standard Specifications will be found following the signature page of the Proposal. In conformance with Public Contract Code Section 7106, a Noncollusion Affidavit is included in the Proposal. Signing the Proposal shall also constitute signature of the Noncollusion Affidavit. The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of Title 49 CFR (Code of Federal Regulations) part 26 in the award and administration of US DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. Each subcontract signed by the bidder must include this assurance. Failure of the bidder to fulfill the requirements of the Special Provisions for submittals required to be furnished after bid opening, including but not limited to escrowed bid documents, where applicable, may subject the bidder to a determination of the bidder's responsibility in the event it is the apparent low bidder on a future public works contracts. 2- 1.015 -- FEDERAL LOBBYING RESTRICTIONS. -- Section 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower tier sub recipient of a Federal -aid contract to pay for any person for influencing or attempting to influence a Federal agency or Congress in connection with the awarding of any Federal -aid contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement. If any funds other than Federal funds have been paid for the same purposes in connection with this Federal - aid contract, the recipient shall submit an executed certification and, if required, submit a completed disclosure form as part of the bid documents. A certification for Federal -aid contracts regarding payment of funds to lobby Congress or a Federal agency is included in the Proposal. Standard Form - LLL, "Disclosure of Lobbying Activities," with instructions for completion of the Standard Form is also included in the Proposal. Signing the Proposal shall constitute signature of the Certification. The above referenced certification and disclosure of lobbying activities shall be included in each subcontract and any lower -tier contracts exceeding $100,000. All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the Engineer. The Contractor, subcontractors and any lower -tier contractors shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any lower -tier contractors. An event that materially affects the accuracy of the information reported includes: (1) A cumulative increase if $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action, or (2) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or (3) A change in the officer(s), employees(s), or Member(s) contacted to influence or attempt to influence a covered Federal Action. 26 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE AVENUE SIDEWALK WIDENING CONTRACT NO. 4432 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 G 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 Kev 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. 27 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE AVENUE SIDEWALK WIDENING CONTRACT NO. 4432 CONTRACT THIS AGREEMENT, entered into this � day of Qr 12010, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and S.J. Grigolla Construction Co., Inc., a California corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of removing the existing sidewalk, pouring new sidewalk, replacing existing curb and gutter, installing curb ramps, removing interfering trees, root pruning, moving and restoring irrigation systems, and removing and reinstalling street signs. 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 Bidder, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 4432, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. P9 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Eighty -Six Thousand, Nine Hundred Twenty and 00/100 Dollars ($86,920.00). 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 City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 et seq.). E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Tom Sandefur (949) 644 -3312 S.J. Grigolla Construction Co., Inc. 2639 Sierra Way La Verne, CA 91750 909- 596 -6406 909 - 596 -5031 Fax F. 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 Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. 1. Certificates of Insurance. Contractor shall provide original certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 2. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. 3. 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. 4. Coverage Requirements. a. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition; Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. b. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. c. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. 5. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; 30 r or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its elected or appointed officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. vi. The insurer shall agree to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. b) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. Timely Notice of Claims — Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this agreement. 31 All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 7. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 8. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. G. RESPONSIBILITY FOR DAMAGES OR INJURY 1. City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the active negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. 32 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. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: CITY OF NEWPORT BEACH A Municipal Corporation L��!T/ / d °JV UW l ��W POD' e By: CITY CLERK O R Mayor APPROVED AS TO FORM: Mynette D. Beauchai4np W Assistant City Attorney S.J. GRIGOLLA CONSTRUCTION CO., INC. By: ((Corporate Officer Title: Vn e b - Print Name: By: aLl- (Financial Officer) Title: Aee" - A-6C` ' Print Name: 601c'�rjlhp Please note: Corporations must complete and sign both places above even if each office is held by the same individual 33 A CDR® CER II DFh,, ATE OF LIABILITY INSURP9NCE DATE 02/224/2010 4 /2010 PRODUCER (714)619 -4480 FAX (714)619 -4481 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Robert E. Harris Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Lic. #0216736 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 3150 Bristol St., Suite 200 Costa Mesa, CA 92626 INSURERS AFFORDING COVERAGE NAIC # INSURED wsURERA Mt. Hawley Insurance Company Steven Jesse Crigolla INSURER B: DBA: S J Grigolla Construction Co. Inc. INSURER C: 2639 Sierra Way INSURER D: La Verne, CA 91750 INSURER E: rnvcouraa THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED. NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR sDD'L NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDDIYYYY POLICY EXPIRATION DATE MMIDDIYYYY LIMITS GENERAL LIABILITY MGLO158630 04/12/2009 04/12/2010 EACH OCCURRENCE $ 1,000,000 PRP MISES Ee oc E currence $ 50,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR j MED EXP (Any one person) S 5,000 PERSONAL B ADV INJURY $ 1,000.000 A GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMPIOP ADD $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: —. ._..+. PRO- _. - POLICY X '!JECT LOO _...._... _._.- — _,..._....._.._ _.__..... - -_ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea .cadent) BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) EODILY INJURY $ HIRED AUTOS NON -OWNED AUTOS (Per anuidea) PROPERTY DAMAGE $ (Peraccident) GARAGE LIABILITY - AUTO ONLY - EA ACCIDENT $ OTHER THAN EAACC $ ANY AUTO II �SUR \ CE A I W 6® �• AUTO ONLY AGG $ EXCESS I UMBRELLA LIABILITY n 'EACH OCCURRENCE $ apoq OCCUR CLAIMS MADE ®A E RISK RISK GPI) EW AGGREGATE $ $ 6 bP'VN16P6P S DEDUGTIBLE $ RETENTION $ WORKERS COMPENSATION WC BTATU- OTH- TORY LIMITS ER AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNEMEXECUTIVE❑ , E.L. EACH ACCIDENT S E.L. DISEASE - EA EMPLOYE $ OFFICER /MEMBER EXCLUDED' (Mandatory In NH) E.L. DISEASE - POLICY LIMIT $ If yes, describe under SPECIAL PROVISIONS below OTHER Subject to policy terms, conditions and exclusions. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS roject: Irvine Ave. Sidewalk Widening - Contract #4432 - Newport Beach, CA, Is their interest may apprear, City of Newport Beach is an additional insured as respects General iability; for work performed on their behalf by the named insured as required by written contract er the attached endorsement CGL216(04/98). Subject to policy terms, conditions and exclusions. " Except 10 Day notice of cancellation for Non-payment of Premium. r, crt IIrwnI o City of Newport Beach Attn: Shauna Lyn Oyler 3300 Newport Blvd, Newport Beach, CA 92663 III RXIM E, =1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYSWRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE Sonia Duran /SONIA The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Policy Number: MGLO158630 Mt. Hawley Insurance Company ADDITIONAL THIS ENDORSEMENT CHANGES ppTHE pPOLICY. PLEASE READ IT CAREFULLY. q ADDITIO .AL INSURED - ®HHNERS, LESSEES OR CONTRACTORS (FORM C) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART (If no entry appears below, information required to complete this endorsement will be shown in the Declarations as appli- cable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Sched- ule, but only with respect to liability arising out of "your work' for that insured by or for you. To the extent required under contract, this policy will apply as primary insurance to additional insureds scheduled below and other insurance which may be available to such additional insureds will be non - contributory. Section IV., Condition 4., of this policy is amended accordingly. SCHEDULE Name of Person or Organization: All persons or organizations where required by written contract. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. CGL 216 (04198) Page 1 of 1 Insured CO)R CERTIFICATE OF LIABILITY INSURANCE OF ID DC DATE(MWDDIYYYY) SJGRI -1 02/22/10 PRODUCER - California Contractors THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE Network, Inc. 2151 Convention Center Wy #203 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ontario CA 91754 DAT£ MWD� /YYVY LIMITS Phone: 800- 592 -0047 Fax:800- 592 -2541 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: CGAAA..I. Coutrnvcvxv xvEwrk INSURER S. S S.J. Grigolla Construction Co. Inc. INSURER C: y La3Vn r ereCA 917.50 INSURER D : THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERNS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER AATESMMFRAI Y DAT£ MWD� /YYVY LIMITS REPRESENTATIVES. E y AUTHORIZED REPRESENTAT Jerry R. Austin - GENERAL LIABILITY EACH OCCURRENCE S PREMIAFS nce S COMMERCIAL GENERAL LIABILITY CLAIMS MADE F� OCCUR MEO EXP (Any One P =n) S PERSONAL a AIYV INJURY S GENERALAGGREGATE S GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS• COMNOP AGE 5 POLICY PRO- JECT LOC AUTOMOBILE LIABILITY ANYAUTO COMBINED SINGLE LIMIT (EaaCCldenO a BODILY INJURY (Perveraon) S ALL OWNED AUTOS $CHEOULEDAUTQ$ BODILYINJURY (Peraxidanr) a HIREDAUTOS NON- 6WNEDAUTOS PROPERTY DAMAGE (PeractldEnG S GARAGE LIABILITY AUTO DULY -EA ACCIDENT a OTHERTHAN EAACC S ANYAUTO S AUTO ONLY. AGG E %C ESSIUMBRELLALIABILITY EACH OCCURRENCE a OCCUR ❑ CLAIMS MADE AGGREGATE S a a DEDUCTIBLE S RETENTION 5 A WORKERS CDMPENSATION AND EMPLOYERS' LIABILITY YIN OFFICEWMEM EREXCLNERCE ECUTIVGD (MYand.ftr in NH) L1 4503 -169 11/01/09 12/31/11 X TORY tIMIYS ER E.L. EACH ACCIDENT S5,000,000 E.L. DISEASE -EA EMPLOYEE $5,000,000 SPECIAL PROVISIONS eeloW E.L. DISEASE - POLICY LIMIT S5, 000, 000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: Irvine Ave. Sidewalk Widening Contract No. 4432 * *Waiver of subrogation applies - see attached ** Authorized by State of California - Department of Industrial Relations - O££ice of the Director Certificate to Self Insure #4503 ACORD 25 (2009109) © 9988 -2009 The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITyNEW DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER MAMBO TO THE LEFT, BUT FAILURE TO DO SO SMALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY RW D UPON THE INSURE& ITS AGENTu OR City of Newport Beach 3300 Newport Blvd. REPRESENTATIVES. E y AUTHORIZED REPRESENTAT Jerry R. Austin - Newport Beach CA 92663 P ACORD 25 (2009109) © 9988 -2009 The ACORD name and logo are registered marks of ACORD California Contractors Network SNSURED NAME: $A Grigolla Construction Co, POLICY NUM13FR: 4503 -169 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SCHEDULE Name of Person or Organization: City of Newport Beach 3300 Newport Blvd Newport Beach CA 92663 We waive any right of recovery we may have against the person Of organization shown in the schedule above because of payments we make for injury or damage. This waiver applies only to the person or organization shown in the schedule above. This agreement applies only to the extent that you perform work under a written contract tbat requires you to obtain this agreement from us. california CONTRACTOIRS tMarch I1. 2010 City of i; ewpo rt R rach 3300 Newport Beach Newport Beach CA 9266333 RE: 5.1. GrigollaConstructiost Co. Inc. To Vvhom It May Cc) ncern: California Contractors Network Self Insured Group (CCN510) is. not an insurance company surd therefore does not have an AN. Best Rating. CCNSIG is approved b;^ the California Depautm ^cnt of Industrial' Relations -Self Insurance Plans. "CCNrSIG currently has over 125 members and annual premium ofovcr 1 I million dollars. *We have excess insurance through New York Marine znd Genera• Insurance Compamy (VIII) with coverage to statutory limils. *Our Overall Loss Ratio is just over 30 0h *We have. member net Worth of ever x I50,00q,000.0t0. *Erich Mcmber has sii,ned_joint and several liability contracts pledging their corporate asset¢: (net vvorth) towards group liabilities and the group rxlutres either Certified Audited or i?c,die xcd financial statements. s< S.I. C,riuolla Construction Co. Inc. is a member in good standing w th Coraractors NetG.^ork Self insured Group (CCl:'SIG). I hope th-na this information will help You. 11 yon have alma, yu stions or comments regarding our group pl nic feel free to call me and 1 Will be happy to discuss them -,. Ab %10u: Sincerch,,, ! i .T I- Iarper Ctililornia Contractors Nowork SIG ? 15 i Cotn•cntiuo Cent s Way ,, 203, Ontario. CA 917(A (P) 3)0 -�92 9147, (F) $00 92 -241 m c o.%kig.ccr.i CERTIFICATE OF INSURANCE CHECKLIST My of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 03/15/2010 Dept. /Contact Received From: Shauna Oyler Date Completed: 03/15/2010 Sent to: Shauna Oyler By: Michelle Ross Company /Person required to have certificate: S.J. Grigolla Construction - Revised 1. GENERAL LIABILITY A. INSURANCE COMPANY: Mt. Hawley Insurance Company B. EFFECTIVE DATES: 04/12/2009 to 04/12/2010 C. AM BEST RATING (A-: VII or greater): "A +"(IX) D. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes N No E. LIMITS (Must be $1 M or greater): What is limit provided? $1,000,000 F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) N Yes ❑ No G. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? N Yes ❑ No H. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? N Yes ❑ No 1. 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 N No J. 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. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Allstate Insurance Co B. EFFECTIVE DATES: 06/11/2009 to 06/11/2010 C. AM BEST RATING (A- : VII or greater) "A + "(XV) D. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? N Yes ❑ No E. LIMITS (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $2,000,000 F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): N/A Is it included? ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. f III. WORKERS' COMPENSATION A. INSURANCE COMPANY: California Contractors Network B. EFFECTIVE DATES: 11/01/2009 to 11/31/2011 n/a — Risk Retention Group /Excess through New York C. AM BEST RATING (A-: VII or greater): Marine and General Insurance "A "(VIII) Admitted D. LIMITS: Statutory E. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO WHICH ITEMS NEED TO BE COMPLETED? GL) Mt. Hawley is a non- admitted carrier WC) This is a risk retention eroun Approved: Agent of Brown & Brown Broker of record for the City of Newport Beach ❑ Requires approval /exception /waiver by Risk Management B &B initials Comments: Approved: Risk Management Date ❑ Yes ® No Page: 1 of 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 IRVINE AVENUE SIDEWALK REPLACEMENT CONTRACT NO 4432 DATE: 2— 9- Z61 d BY: 1J ) .K V City Engineer TO: ALLPLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the Contract Documents — all other conditions shall remain the same. FEDERAL MINIMUM WAGE RATES 1. Current Federal Wage Decision; CA20080035, dated 02/05/2010, CA35, is available at www.access.gpo.gov /davisbacon /ca.html. It supercedes any previous wage decisions. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. No bid will be considered unless this signed Addendum No. 1 is attached. have carefully examined this Addendum and have included full payment in my Proposal. SJ Grigolla Const. Co., Inc. Bidder's Name (Please Print "" ' "g` "° " °i a Verne, Ca. 91750 i -71 V Lic. # 462356 -A &B Date Authorized Signature & Title is \users \pbw \shared \contracts\fy 09- 10\irvine ave sidewalk widening c- 4432 \addendum no 1.doc Page: 1 of 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 2 IRVINE AVENUE SIDEWALK REPLACEMENT CONTRACT NO 4432 DATE: a ' l0 - 26(b BY: / City Engineer TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the Contract Documents — all other conditions shall remain the same. FEDERAL CONTRACT PROVISIONS 1, Inocorporate Federal Contract Provisions (FR 1 to FR 50) into Contract. Bidder must return FR 16 -22 with bid to be considered responsive. Bidders must sign this Addendum No. 2 and attach it to the bid proposal. No bid will be considered unless this signed Addendum No. 2 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. SJ Grigolla Const. t:., :, Bidder's Name (Please Print) X639 S:e„ a Way La Verne, Ca. 9173 Lic. #462356•A. Pik Date Pr", . Authorized Signature & Title is \users\pbw \shared \contracts \fy 09 -10 \irvine ave sidewalk widening c- 4432 \addendum no 2.doc Affidavit P— To be sr rNIT'ltl FR 16 OF 50 §7106. Any public works contract of a public entity shall include an affidavit, in the following form: State of California ) County of (-05 1 oJ'df - =�i7 ss. 7 �GDC� S, being first duly sworn, dep ses and says th t, he or she is nv�14— of S "<. "j:< 341(o4- M-51t . C., TZ , 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 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" Project Name: S /W; J 6 AiB • 6;4"dir r)(:lW.Pro ct Number: k4 s2 Company: Address: Signature: Title: Const. Co., Inc. 2639 Sierra Way La Verne, Ca. 91750 Lie. # 462356 -A &B °S. Date: ;)— I1 -71Iy SWORN TO AND SUBSCRIBED TO BEFORE ME This /222�(dayof 20 / b /s/ Notary Public: My Commission Expires: 2 9" /1D SEAL Cori, to r rd NOTAR PUE: ILL.. COMMiss!0N (Buy OnANGE OC tAmml5s10n Exp.,' , FR 15 OF 50 Compliance with Clean Air and Water Acts Federal Contract Provision During the performance of this contract, the contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal. Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended. In addition to the foregoing requirements, all nonexempt contractors and subcontractors shall furnish to the owner, the following: A stipulation by the contractor or subcontractors, that any facility to be utilizes) in the performance of any non exempt contract or subcontract,. is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20. 2. Agreement by the contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1857c -8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued there under. 3. A stipulation that as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that .a facility utilized, or to be ,utilized for the contract, is under consideration to be listed on the EPA List of Violating Facilities. 4. Agreement by the contractor that he will include, or cause to be included, the criteria and requirements in paragraph (1) through (4) of this section in every nonexempt subcontract and requiring that the contractor will take such action as the government u.tliKwa f enforcing such provisions. JM? IN 10 K;ak a Y5is�Y�d !N:r.'J d FR 17 OF 50 Worker's Compensation Certification State of California Compliance Form — To be submitted with Bid I certify, by signature below, that I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 1-1 10 Project Number: I li :,r) 7:2-- Project Name: W, ol 'A,( SJ Grigolla Const. Co., Inc. Company Name: 2639 Sierra Way Address: La Verne, Ca. 91750 462356-A &B Print Name: S-he J e- W 5. Title: Signe FR 18 OF 50 Si Name of Firm: Federal 2639 Sierra Certification suomItted with Address: La Verne, Ca. 91750 State: e-A . Zip Code: 1% rJ0 Telephone Number: (101) 1 q b - rpgb6 Acting on behalf of the above named firm, as its Authorized Official, I make the following Certification to the U. S. Department of Housing and Urban Development and the body awarding this federally assisted construction contract: No Federal appropriated funds have been paid by or on behalf of the above named firm to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of and Federal grant, loan or cooperative agreement, and any extension, continuation, renewal, amendment, or modification thereof, and; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee or any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with this Federal contract, grant loan, or cooperative agreement, the above named firm shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying ", in accordance with its instructions, and; 3. The above name firm shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, sub - grants, and contracts under grants, loans, and cooperative agreement) and that all sub - recipients shall certify and disclose accordingly. NOTE: This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into the transaction imposed by Section 1352 Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Authori2S� grfi' Ila Const. CO., Inc. 2639 Sierra Way 'e n�Ca.917 -50 Lic. # 462356 -A &B c� I 1-7I 10 By: ($ignaturei (Title) FR 19 OF 50 Non- Segregated Facilities Certification Federal Compliance Form - To be submitted with Bid The federally - assisted construction contractor certifies that he /she DOES NOT and WILL NOT: Maintain or provide, for his /her employees, any segregated facilities at any of his /her establishments. Permit his /her employees to perform their services at any location, under his /her control, where segregated facilities are maintained. The federally assisted contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term segregated facilities means any waiting room, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The federally- assisted contractor agrees that (except where he /she has obtained identical certifications from proposed subcontractors for specific time periods) he /she will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause, and that he /she will retain such certifications in his /her files. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Date: a` 1 t i to Project Number: 4 4 a5 Z Company: off 0 S] Grigolla Const. Co., Inc. Title: T r-t B S . Past Performance Certification Federal Compliance Form — To be submitted with Bid The bidder, proposed sub - contractor, hereby certifies participated in a previous contract or subcontract subj Clause, as required by Executive Orders 10925, 1111 has, has not, filed with the Joint Reporting Committer Federal Contract Compliance, a Federal Government agency, or the former President's Committee on Equal reports due under the applicable filing requirements. Date: I lllrko Awarding Agency: Project Number: R R t",G> a FR 20 OF 50 that he /she has, has not, )ct to the Equal Opportunity or 11246, and that he /she the Director of the Office of contracting or administering Employment Opportunity, all IJ A Contract Award �H AJ+A 'v `Rvt� Girl t�R `i-v 1 Zc�, Contractor Name: 611, Total Number of Employees AS Wilill M Title: Kr,,e CJ NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60- 1.7(b)(1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60 -1.5 (Generally only contracts or subcontracts of $10,000 or under are exempt). Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60- 1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the U.S. Department of the Interior or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. SF -100 (EEO -1) must be filed by: (A) All private employers who are (1) Subject to Title VII of the Civil Rights Act of 1964 (as amended) with 100 or more employees. (2) Subject to Title VII who has fewer than 100 employees, if the company is owned or affiliated with another company, or there is centralized ownership, control or management so that the group legally constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees. (B) All federal contractors (private employers), who: (1) Are not exempt as provided for by 41 CFR 60 -1.5 (2) Have 50 or more employees, and a. Are prime contractors or first -tier subcontractors, and have a contract, subcontract, or purchase order amounting to $50,000 or more; or b. Serve as a depository of Government funds in any amount, or c. Is a financial institution, which is an issuing, and paying agent for U.S. Savings Bonds and Notes. FR 21 OF 50 Notice of Equal Employment Opportunity Federal Compliance Form — To be submitted with Bid (Name of Labor Union, Workers Representative, etc. U ez A'SPX-0► !�} (Address) Name of Business (Contractor): � 13-r (Q'VU.561 (a eon b� - w' �L' Project Name: �4:& 0 J6 . �('��a(IG Project Number: N'i 3'z._ J,J;&"&ut"Nt) n The Undersigned currently holds a contract with f vI �'^i ion fi A'V.4' h involving funds of the U. S. Government, or a subcontract with a prime contractor holding such contract. You are advised that under the provisions of the above contract or subcontract, and in accordance with Executive Order 11246, the undersigned is obligated not to discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. This obligation not to discriminate in employment includes, but is not limited to the follow: 1. Hiring, placement, upgrading, transfer or demotion; 2. Recruitment, advertising or solicitation for employment; 3. Treatment during employment; 4. Rates of pay or other forms of compensation; 5. Selection for training, including apprenticeship; and 6. Layoff or termination. This notice is furnished to you pursuant to the subcontract and Executive Order 11246. Copies undersigned in conspicuous places available employment. (�tTJCAi CS r v` �tef By: d�11 la ioTtet provisions of the above contract or of this notice will be posted by the to employees or applicants for (Signatnrei 'Fr.e ✓ . FR 22 OF 50 Prime Contractor's List of Proposed Subcontractors Federal Compliance Form - To be submitted with Bid and Updated as Necessary Bidder must list all subcontracts involving labor at the site of construction, regardless of subcontract dollar amount or percentage of bid ynJinfE Aj' , �,�ww(v W,Vewidv5 Nwi2dvl-t 3Cl1 -C A PROJECT NAME Location. N n,f, -%e a-LV) AWARDING AGEN Y Project Number: �t `� Signature Date 263"W t i Way La Verne, Ca. 91750 Lic. # 462356 -A &B Employer Contractor Contract Estimated Estimated SUBCONTRACTORS: Name, Address, and Telephone Number Identification License Amount Start Date Completion Date TRADES TO BE USED Number Number (�Rr�nef•F'- Wq�,3?"cicA�t as,,IrZtBW Sbs7 °t �ScXJ.� N�,q // AJ /A 060LA-60 Llti^ja �d4�i7 ^oo67 u �c� 5 s s� G• uK . nay o eyb r (o,a• (�iod�t<<,dC2 Ibt55 i ' S *. 26-agq IV/ �nJc L Qni J�f+.5 vvlLc.is:vn� SJ✓� t-( A sF L 9- 3983 lal9 o I�aUO� iUt4 /11A �(JnL&Z Y z3ti v t n . 1 Signature Date 263"W t i Way La Verne, Ca. 91750 Lic. # 462356 -A &B Check a License or Home Impr ement Salesperson (HIS) Registration( — ontractors Stat... Page 1 of 1 Depar%ner)f of Ccf7surnerAffairs t=-- Contractors State Ls a ��rc� Co�ntractor's License Detail - License # 462356 js DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. y) CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and /or legal action information. "'>> Per ,S&P 7071.77, only construction related civil judgments reported to the CSLB are disclosed. %> Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. 0, Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number: 462356 Extract Date: 02122/2010 S J GRIGOLLA CONSTRUCTION CO INC Business Information: 2639 SIENNA WAY LA VERNE, CA 91750 Business Phone Number: (909) 596 -6406 Entity: Corporation Issue Date: 09/04/1984 Reissue Date: 09/20/2006 Expire Date: 09/3012010 License Status: This license is current and active. All information below should be reviewed. CLASS DESCRIPTION Classifications: A GENERAL ENGINEERING CONTRACTOR B GENERAL BUILDING CONTRACTOR CONTRACTOR'S BOND This license filed Contractors Bond number SC6073214 in the amount of $12,500 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date: 03/02/2009 Bonding: Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer IRMO) STEVEN JESSE GRIGOLLA certified that he/she owns 10 percent or more of the voting stock /equity of the corporation. A bond of qualifying individual is not required. Effective Date: 09/2012006 This license has workers compensation insurance with the DEPARTMENT OF INDUSTRIAL RELATIONS Policy Number: 4503 -169 Workers' Compensation: Effective Date: 0 411 5/20 08 Expire Dale: None Workers' Compensation History Miscellaneous DATE DESCRIPTION Information: 0912012006 LICENSE REISSUED TO ANOTHER ENTITY Personnel listed on this license (current or disassociated) are listed on other licenses. Conditions of Use I Privacy Policy Copyright © 2010 State of California https:// www2. cslb. ca. gov/ OnlineServices /CheekLicense /LicenseDetail.asp 02/22/2010 Business Search Business Ent, °s - Business Programs en,ine„ enleie, (ee) Online Se,vi[ee scl„eFe . E'smei "t, File Statements Mail Prottxsin9 Tlmes Main vase se.et,.e ovnnn, Name A,.ailablli, Forms, Samples B Fee, Annnmiemnmm smmmem, Iing Tip, mrntmatmn Reg•e,t, Fni (l ?[ copies B sla WS reP. pon:i s[,m[e nl FAQ, cnmm� mm,manon R„ u,Ines, Rex Taw lnBe,ma[au^ce . 5[a ing A. Int Relations P[og am lvt (m ding b S-,& j+jnfcuC[e:(+ I Business Entity Detail Page 1 of 1 �?/j3L �/�;•eC�xnuf, tl:J�uvr:�:au:!iini. Data is updated weekly and is current as of Friday, February 19, 2010. It is not a complete or certified record Entity Name: S. 7. GRIGOLLA CONSTRUCTION CO., INC. Entity Number: C2830210 Date Filed:. 03/08/2006 Status: ACTIVE Jurisdiction: CALIFORNIA Entity Address: 2639 SIERRA WAY Entity City, State, Zip: LA VERNE CA 91750 Agent for Service of Process: RITA ANCHONDO Agent Address: 2639 SIERRA WAY Agent City, State, Zip: LA VERNE CA 91750 * Indicates the information is not contained in the California Secretary of State's database. • If the status of the corporation is "Surrender," the agent for service of process is automatically revoked. Corporations Code section .21.14 21.14 for information relating to service upon corporations that have surrend ...... ... .... . • For information on checking or reserving a name, refer Co Name Availability; • For information on ordering certificates, copies of documents and /or status reports or to request a more Information Requests. • For help with searching an entity name, refer to Se arch Tips. . • For descriptions of the various fields and status types, . refer to Field Descrip[lons antl Status Defin itix Modify Search New Search Printer Friendly Back to Search Results wpm l f ,egs cnp.,�snl ®zem uum,nn s..,.o,. <,sol[ http : / /kepler.sos.ca.gov /cbs.aspx 02/22/2010 123933: Query MID !. LOG OFF QUERY ADD NEW ID MERGE Page 1 of 1 Phone #: Name: Address: MasterlD S.J. Grigolla ------ - - - - -- Querr, returned no results - PLEASE TRY AGAIN - -- records MERGE http:/ /apps.eitynet.newportbeachca.gov /masterid /query. asp 02/22/2010 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL IRVINE AVENUE SIDEWALK WIDENING PROJECT CONTRACT NO. 4432 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 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. 4432 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 As -Built Plans h,sNetAArA Dollars and Cents Per Lump Sum 2. Lump Sum Mobilization @ fhO65,80)DDollarS and Cents Per Lump Sum 3. Lump Sum Survey Services @F:J�-fKO�Sw.R> Dollars and Cents Per Lump Sum $ Cj(10 v c m- $ $ SU00. FIR 2of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Traffic Control 5 7 0 Is] @pt.€- fK0dMAik Dollars hJnldngo- and Cents Per Lump Sum Lump Sum Unclassified Removal and Disposal @ qtr Dollars 'J"ho Jso.ol� and Cents Per Lump Sum 3 EA Tree Removal @ 5iw- hsnd.tGd Dollars #604. hJ"409- and Per Each 11 EA Root Prune Tree and Install Root Barrier @ ,thAZ&,kJAJ1&WA . Dollars - t'o'e-Jt-1 , Jc- and Per Each 6,050 S.F. Remove and Construct 4 -Inch PCC Sidewalk @ � Oz Dollars and Cents Per Square Foot 4 EA. Remove and Construct PCC Curb Access Ramps @ tit; nAie..l Dollars hJ+JrkwedL G."& and �" Fr•{ Cents Per Each $ $ (�iC1B8, e $ &2,S $ $ S• - $ $ l 0, $ SL400, PR3of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 725 L.F. Remove Curb and Gutter And Construct PCC Type "A" Curb and Gutter @ +UJO- J� " Dollars �-, O and Cents Per Linear Foot 11. 60 S.F. Remove and Construct PCC Drive Approach @ 2I � h4- Dollars and Cents Per Square Foot 12. 80 S.F. Remove and Construct PCC Alley Approach @ Dollars and Cents Per Square Foot 13. 6 EA Relocate Existing Street Sign @ 006 - h.3ucl44A Dollars ari& f w_e.dktit %J 6 and Cents Per Each po e� QSn,— $ -- $ 48U 14. Lump Sum Restore Existing Private Improvements @ " ' l-WSP 41bollars and Cents Per Lump Sum 0 6 d� Ej w- JV PR4of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE TOTAL PRICE IN WRITTEN WORDS GightH - S%%i 4-bt6JSwQ4 and ZG6'-0 Cents Date ffo0% oIi- Y- CM -S9b -16406 5% -S03i Bidder's Telephone and Fax Numbers N &2356 - ,+�0 Bidder's License No(s). and Classification(s) // c Bidder's email address: J S 6. Ml IV �l►G I�JNcl.ned t Jed4� Dollars u ` i36, 2-.0 Total Price (Figures) 6,75 , Bidder Bidder's Authorized Signature and Title 0 639 S•cn.AA, — V61Lr e; Bidder's Address 19 fj, 17) n ,-a //19 A+ Ve vroN , AJGT 1 1 1 1 2 2 2 2 3 3 4 4 5 5 5 5 5 6 6 6 6 6 6 6 6 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS IRVINE AVENUE SIDEWALK WIDENING CONTRACT NO. 4432 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments 2 -12 FEDERAL REQUIREMENTS 2 -12.1 Award and Execution of Contract 2 -12.2 Labor Nondiscrimination 2 -12.3 Prevailing Wage 2 -12.4 Buy American Requirements 2 -12.5 Removal of Asbestos and Hazardous Substances 2 -12.6 Prompt Progress Payment to Subcontractors 2 -12.7 Prompt Payment of Funds Withheld to Subcontractors SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -1 LOCATION 5 -2 PROTECTION 5 -7 ADJUSTMENTS TO GRADE 1 1 1 1 2 2 2 2 3 3 4 4 5 5 5 5 5 6 6 6 6 6 6 6 6 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 7 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 7 6 -7 TIME OF COMPLETION 7 6 -7.1 General 7 6 -7.2 Working Days 7 6 -7.4 Working Hours 8 6 -9 LIQUIDATED DAMAGES 8 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 8 7 -7 COOPERATION AND COLLATERAL WORK 8 7 -8 PROJECT SITE MAINTENANCE 9 7 -8.5 Temporary Light, Power and Water 9 7 -8.6 Water Pollution Control 9 7 -8.6.1 Best Management Practices and Monitoring Program 9 7 -8.8 Steel Plates 9 7 -10 PUBLIC CONVENIENCE AND SAFETY 10 7 -10.1 Traffic and Access 10 7 -10.2 Storage of Equipment and Materials in Public Streets 10 7 -10.3 Street Closures, Detours, Barricades 10 7 -10.4 Public Safety 11 7- 10.4.1 Safety Orders 11 7 -10.5 "No Parking" Signs 11 7 -10.7 Notice to Residents and Temp Parking Permits 12 7 -15 CONTRACTOR LICENSES 12 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 12 SECTION 9 MEASUREMENT AND PAYMENT 13 9 -3 PAYMENT 13 9 -3.1 General 13 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 15 201 -1.1.2 Concrete Specified by Class 15 201 -2 REINFORCEMENT FOR CONCRETE 15 201 -2.2.1 Reinforcing Steel 15 PART 3--- CONSTRUCTION METHODS SECTION 300 EARTHWORK 15 300 -1 CLEARING AND GRUBBING 15 300 -1.3 Removal and Disposal of Materials 15 300 -1.3.1 General 15 300 -1.3.2 Requirements 16 300 -1.5 Solid Waste Diversion 16 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 16 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 16 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 16 303 -5.1.1 General 17 303 -5.4 Joints 17 303 -5.4.1 General 17 303 -5.5 Finishing 17 303 -5.5.1 General 17 303 -5.5.2 Curb 17 303 -5.5.4 Gutter 17 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 17 308 -1 GENERAL 17 F: \Users \PBW\Shared \Contracts \FY 09- 101rvine Ave Sidewalk Widening C- 4432 \SPECS_INDEX C -4432. Doc CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS IRVINE AVENUE SIDEWALK WIDENING CONTRACT NO. 4432 INTRODUCTION SP 1 OF 18 All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R- 5987 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements; (5) Caltrans Standard Specifications (Latest Edition). Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE. Add to this section, "The work necessary for the completion of this contract consists of removing the existing sidewalk, pouring new sidewalk, replacing existing curb and gutter, installing curb ramps, removing interfering trees, root pruning, moving and restoring irrigation systems, and removing and reinstalling street signs." 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize /follow the existing City and Orange County survey records used for the project design to provide all construction survey services that are required to construct the improvements. At a minimum, two (2) sets of cut - sheets for all areas shall be included in the bid price and copies of each set shall be provided to City 48- SP2OF18 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. 2 -12 FEDERAL REQUIREMENTS 2 -12.1 AWARD AND EXECUTION OF CONTRACT Bid protests are to be delivered to the following address: 3300 Newport Blvd. Newport Beach, CA 92663 Public Works Department The award of the contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed. The contract shall be executed by the successful bidder and shall be returned, together with the contract bonds, to the Agency so that it is received within 10 days, not including Saturdays, Sundays and legal holidays, after the bidder has received the contract for execution. Failure to do so shall be just cause for forfeiture of the proposal guaranty. The executed contract documents shall be delivered to the address listed above. 2 -12.2 LABOR NONDISCRIMINATION Attention is directed to the following Notice that is required by Chapter 5 of Division 4 of Title 2, California Code of Regulations. SP3OF18 NOTICE OF REQUIREMENT FOR NONDISCRIMINATION PROGRAM (GOV. CODE, SECTION 12990) 2 -12.3 PREVAILING WAGE This is a federally assisted construction contract and the higher of State of California or Federal prevailing wages must be paid to all workman employed on this project. Federal and State of California labor standards provisions, including prevailing wage requirements of the Davis -Bacon and Related Acts, will be enforced. The current Federal and State prevailing wage rates under which the work is to be done is attached hereto and is available at the Public Works Department, 3300 Newport Blvd., Newport Beach, CA 92663. Updates to the general prevailing wage rates are available at web sites set forth in this section and shall be reviewed by the contractor prior to submitting a bid for the work. In the event of a conflict between the Federal General Wage Decision as established by the United States Department of Labor (available at www. access .gpo.gov /davisbacon /ca.html) and the State General Prevailing Wage Determination as established by the California Department of Industrial Relations and is available at the following website: http:// www .dir.ca.gov /DLSR /PWD /index.htm, the higher of the two will prevail. Lower State wage rates for work classifications not specifically included in the Federal wage decision are not acceptable. This includes "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage decision. Please note that pursuant to applicable provisions of the Labor Code of the State of California and the Davis Bacon Act, not less than the general prevailing rate of per diem wages including legal holidays, and overtime work for each craft or type of workman needed to execute the work contemplated under this agreement, shall be paid to all workmen employed on the work to be done according to this contract by the Contractor or any Subcontractor, and shall be deemed to include employer payments for health and welfare, pension, vacation and similar purposes. The Contractor shall be required to post at the job site the prevailing rate per diem wages. 2 -12.4 BUY AMERICA REQUIREMENTS Attention is directed to the "Buy America" requirements of the Surface Transportation Assistance Act of 1982 (Section 165) and the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) Sections 1041(a) and 1048(a), and the regulations adopted pursuant thereto. In conformance with the law and regulations, all manufacturing processes for steel and iron materials furnished for incorporation into the work on this project shall occur in the United States; with the exception that pig iron and processed, pelletized and reduced iron ore manufactured outside of the United States may be used in the domestic manufacturing process for such steel and iron materials. The application of coatings, such as epoxy coating, SP4OF18 galvanizing, painting, and other coating that protects or enhances the value of steel or iron materials shall be considered a manufacturing process subject to the 'Buy America" requirements. A Certificate of Compliance, conforming to the provisions in Section 6 -1.07, "Certificates of Compliance," of the Caltrans Standard Specifications, shall be furnished for steel and iron materials. The certificates, in addition to certifying that the materials comply with the specifications, shall specifically certify that all manufacturing processes for the materials occurred in the United States, except for the above exceptions. The requirements imposed by the law and regulations do not prevent a minimal use of foreign steel and iron materials if the total combined cost of the materials used does not exceed one -tenth of one percent (0.1 percent) of the total contract cost or $2,500, whichever is greater. The Contractor shall furnish to the Engineer acceptable documentation of the quantity and value of the foreign steel and iron prior to incorporating the materials into the work. 2 -12.5 REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCES When the presence of asbestos or hazardous substances are not shown on the plans or indicated in the specifications and the Contractor encounters materials which the Contractor reasonably believes to be asbestos or a hazardous substance as defined in Section 25914.1 of the Health and Safety Code, and the asbestos or hazardous substance has not been rendered harmless, the Contractor may continue work in unaffected areas reasonably believed to be safe. The Contractor shall immediately cease work in the affected area and report the condition to the Engineer in writing. In conformance with Section 25914.1 of the Health and Safety Code, removal of asbestos or hazardous substances including exploratory work to identify and determine the extent of the asbestos or hazardous substance will be performed by separate contract. If delay of work in'the area delays the current controlling operation, the delay will be considered a right of way delay and the Contractor will be compensated for the delay in conformance with the provisions in Section 8 -1.09, "Right of Way Delays," of the Caltrans Standard Specifications. 2 -12.6 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS A prime contractor or subcontractor shall pay any subcontractor not later than 10 days of receipt of each progress payment in accordance with the provision in Section 7108.5 of the California Business and Professions Code concerning prompt payment to subcontractors. The 10 days is applicable unless a longer period is agreed to in writing. Any delay or postponement of payment over 30 days may take SP5OF18 place only for good cause and with the agency's prior written approval. Any violation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanction and other remedies of that section. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. 2 -12.7 PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS The agency shall hold retention from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency, of the contract work, and pay retention to the prime contractor based on these acceptances. The prime contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal law (49CFR26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency's prior written approval. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. SECTION 3--- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding.. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied SP6OF18 to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4--- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -1 LOCATION. Add the following after the 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, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor will be required to contact Southern California Edison, The Gas Company, SBC Telephone, cable television, and other utility facilities to have existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities. SP7OF18 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 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 15 consecutive working days after the date on the Notice to Proceed. Contractor shall make every effort to ensure that the sidewalk is impassable for the least amount of time practicable. All removals and pours for the sidewalk should proceed as practical. The entire length of sidewalk shall be poured in one day during the week of April 4th to April 10th. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 1) to read: "Work will be permitted on Saturday." Revise 2) to read: "Work will be permitted on Sunday." Revise 3) to read: "any City holiday, defined as January 15t (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4t ", the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve), December 25th (Christmas), and December 31st(New Year's Eve). If January 1st, July 4th, November 11th, December I" SP8OF18 24th, December 25th or December 31st falls on a Sunday, the following Monday is a holiday. If January 1st, July 4th, November 11th December 24th December 25'h or December 31st falls on a Saturday, the Friday before is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 8:00 a.m. to 6:00 p.m. Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 6:00 p.m. to 7:00 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. 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 $2,500.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $2,500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be SP9OF18 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." 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.newportbeachca.gov/publicworks." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuum the residue. SP 10 OF 18 f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back - charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre- construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer, at least five working days prior to the pre - construction meeting, a traffic control plan and detour 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 SP 11 OF 18 signed and sealed by a California licensed traffic engineer. Traffic control and detour plans shall meet the following requirements: 1. Emergency vehicle access shall be maintained at all times 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and /or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners." 5. Type II barricades shall be located at the beginning and end of each individual closed sidewalk area from time of removal until final cure of the sidewalk. 6. The Contractor shall delineate a safe path of travel for pedestrians around the work area. The path shall be adjacent to the curb and separated from traffic lanes using cones and construction fencing. 7. Contractor shalt not use any heavy equipment, loaders, jack- hammers, etc. during the period one hour before school begins and 1 hour after school ends to prevent any hazardous conditions to pedestrians. 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 SP 12 OF 18 the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a "A" or "C -8" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. The "As- Built" mark -ups 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. SP 13 OF 18 During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9--- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 As Built Plans: Work under this item shall include redlining of the plans throughout the project and providing the redline plans at the completion of the project. Item No. 2 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, and preparing a construction schedule, and all other related work as required by the Contract Documents. Item No. 3 Surveying Services: Work under this item shall include the cost of construction staking, preliminary grades, final grades, centerline ties, all horizontal alignments, survey monument adjustment, as -built field notes, filing of corner records, reestablishment of property corners disturbed by the work, and other survey items as required to complete the work in place. Item No. 4 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, 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. 5 Unclassified Removal and Disposal: Work under this item shall include the removal and disposal of existing improvements in public right -of -way including walkways, subgrade, fencing, lighting, turf, planting materials, interfering irrigation lines, and all other items required to complete the work in place. SP 14 OF 18 Item No. 6 Tree Removal: Work under this item shall include the removal and disposal of trees identified on plan or by the Engineer as interfering with sidewalk construction, removing and disposing of excess soil, and backfilling and leveling hole, and all other items required to complete the work in place. Item No. 7 Root Prune Tree and Install Root Barrier: Work under this item shall include field review of each scheduled tree with the City Urban forester, root pruning and disposal, providing and installing root barrier per Section 308 -1, removal and disposal of excess soil, and all other work required to complete the work in place. All utilities or other improvements damaged by the work shall be immediately repaired at the expense of the Contractor and no additional compensation shall be made. Item No. 8 Remove and Construct 4 -Inch Thick P.C.C. Sidewalk: Work under this item shall include removing and disposing of the existing sidewalk, subgrade compaction, constructing the 4 -inch thick P.C.C. sidewalk, constructing variable height retaining curb as shown on plans, gand all other work items as required to complete the work in place. Item No. 9 Remove and Install P.C.C. Curb Access Ramp: Work under this item shall include removing existing improvements and constructing P.C.C. Curb Access Ramp, per plan, including detectable warning surfaces, and all other work items as required to complete the work in place. Item No. 10 Remove Existing Curb and Gutter and Construct P.C.C. Type A 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 P.C.C. 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 be 18 inches. Item No. 11 Remove and Construct P.C.C. Driveway Approach: Work under this item shall include removing existing improvements and constructing P.C.C. driveway approach and all other work items as required to complete the work in place. Item No. 12 Remove and Construct P.C.C. Alley Approach: Work under this item shall include removing existing improvements and constructing P.C.C. alley approach and all other work items as required to complete the work in place. Item No. 13 Relocate Existing Street Sign: Work under this item shall include removing, salvaging, and reinstalling the existing parking restriction and stop signs, and all other work items as required to complete the work in place. Item No. 14 Restoration of Private Improvements: Work under this item shall include, as determined necessary by the Engineer, removal of USA markings, repair, restoration, or reconstruction of all existing private improvements disturbed or damaged SP 15 OF 18 by the work which are not designated for removal. Such restoration work may include, but not be limited to: turf, plants and planters, shrubs, trees, irrigation components, electrical components, fences, brick and brick pavers, concrete, planters, mail boxes, painting of various surfaces, ornaments and other decorative items required to complete the work in place. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE. MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall be Class 560 -C- 3250." 201.2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials Add to this Section: "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.newportbeach .ca.gov /generalservices" 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. SP 16 OF 18 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 '/2 inch" of the last sentence with the words "two (2) inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 1. Curb access ramps, sidewalk, curb and gutter shall be reconstructed and open for use within five calendar workdays after commencement of their removal. SP 17 OF 18 2. All curb and gutter shall be constructed on top of 10 inches of 95 percent relative compacted subgrade. 3. Reconstructed sidewalk and curb access ramps shall be opened to public use on the day following concrete placement. 4. All forms shall be removed, irrigation systems shall be repaired, and backfill or patch -back shall be placed within 72 hours following concrete placement. 5. All damaged private improvements shall be repaired in -kind to the satisfaction of the respective owner within 72 hours of reconstructed work. 6. P.C.C. work subjected to vehicle loads such as driveways and gutters shall not be opened to traffic until the concrete has cured to a minimum strength of 3,000 psi. The Contractor shall detour traffic around such work until the work is ready for public use. 7. All excavated areas shall be allowed to remain open no longer than 24 hours prior to the placement of concrete." 8. The Contractor shall provide personnel to protect newly poured concrete improvements from defacement. Any concrete defaced will be removed and replaced within 24 hours at the Contractor's expense. 303 -5.5 Finishing 303 -5.5.1 General. Add to this section: "The Contractor shall patch back A.C., P.C.C. and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color." 303 -5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" or "W" for sewer or water lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718- 3402." 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." SP 18 OF 18 SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall submit recommendations by its arborist to the City for review for safely pruning and removing tree roots. No roots shall be pruned of removed unless this submittal is returned to the Contract as satisfactory. Prior to the submittal, the Contractor shall arrange to meet with the City's Urban Forester, Mr. John Conway ((949) 644 -3083) at the site to discuss City standards and requirements. The submittal shall adhere to the following guidelines. 1. Root Pruning a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. b. Roots shall be cleanly severed using a root - pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root - cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and /or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and /or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump - grinding machine instead of a root - pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre- approved by the City's Urban Forester. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. F :\Users \PBW\Shared \Contracts \FY 09- 10\Irvine Ave Sidewalk Widening C- 4432 \SPECS C- 4432.doc F 2i 2)II.I 4�iA �M J:!V i'q,I /,, /,I '4V. U`i' FI. i,(!9MtDDNYYYf A ,f _4°gt 9 r5 =PT190rA' _ OF,LIARILI INSU Nr _ oPIDQDal 02122/10 + r - -__ -- -� THiSCERTIRCATEI ISSUED ASAi11ATTEROPINFOMATION - -- j PRO4UDER ON, Y gwr1 CONFERS NO RIGHTS UPON TP..r CERTIFICATE .. Cali£axnla r„xttractcrs THIS CERTIFICATE DOES NOT AMEND, EXTEND OR III Network, Inc' HOLDER. ALTER THE COVERAGE AFFORDED SY THE FOLICIES BELOW. 2151 Convention Center Wy #203 6B.II IiAEILITY OOMMERpAL GENERAL LLABIL:TY CLAXS MAUE 0 OCCUR Ontario CA 91764 Phone: 800 -592 -0047 Fax:800- 592 -2541 INSURERS AFFOROING COVERAGE NAICI INSURER INSURERA: Caiitomia L'�..ERhCCOxi Namoxk INSURER & MEQ E%P (Nf CAC pesen} I ;INSURERC! S.S. Grigolla Constracti.OTS Co. I INSURER D: 2nc, 2639 Sierra W &x IN&URERE La Verne CA 91,50 I COVERAGES THE ANY MAY POUGTE$. LIR PGLIGES REQVIRMiENT. PERTAIN, HE OF INSURANCE LISTED BELOW HAVE HAVE TERM OR CONDInON OF ANY THE INSURANCE AFFORDED BY THE AGGREGATE LIMBS SHOWN MAY HAVE BEEN T 90FINSURANC£ BEEN ISSUED To THE PISUREO NAMID CONTRACT OF OTHER DOCUMENT`NiTH POLICIES UZ CIA15RD HEIMINIS SU9:ECT REDUCED BY PAID CLAIMS. POUGY NUMBER ABOVE PORTHE POLICY RESPECT TO WHICH TO ALLTHE TERMS, DATE RrPd!UDtYYtM PERIOD INDICATED. THIS CERTIFICATE MAY EY.CLUSN -tNS AND CONDITIONS Y E]IPiRA DATE 6UAI0DiYY1'T 11 NOTWITHSTANDING BE ISSUED OR OF SUCH UNITS EACH OCCURRENCE S 6B.II IiAEILITY OOMMERpAL GENERAL LLABIL:TY CLAXS MAUE 0 OCCUR PREMISES�renCe 15 MEQ E%P (Nf CAC pesen} I S PERSONAL &ADVINJURY S GENERAL AGGREGATE S PRODUCTS- COMPICPAGG S GEf.'1 AGGREvATE.LOWTAPPLIES PER:i POLICY 1 jt� I LUC t i AVTaM001LE UAG1UiY I � ,{E2 COMMNEDSiNGLE LiM,T „uidenl) 5 i ANYA.UTO ALL OWNEOA�O5 I 69DILYINJHEY (Per aESPn} y �r_He -OUtED AUTOS HIRED AVTW S NON•OWNEDAUTOS EPROPER� II E 4GE I S 1 t AUTO ONLY -FA ACC1M1_ �a' GARAGE 1 111 rtY ANYAUTO ,�IXCESGIUMERELLA EAAW ! OTHERTHAN A''TO ONLY' AGG 15 j S LiABRBY u OCCUR. CLAIMS MADE I I EACH OCCURRENCE S AGGREGATE I S i5 ' S DEDUCTIBLE RErEN'RON 5 A WoRta-StS COMF4NSATION . AND EMPLOYERS GmUTY YIN ANY PROPRIETORIPAKTNERMECUTR OFFICEF/McV14SER IDCUME97 imwnI Lary In NH) Ifyee deealhsundcr SPECIAL PROVISIONS below , 4503 -169 ..�_ I1/01/09 12/31(11 _ X TORY LIMIT3 ER� E.L. EACH AGCI0.NT $5,000,000 E.1- EAEMPLO 55',000,0010 El. DISEASE- POLICYLIIAR SS 000 aD0 OTHER DESCRIPTION OF OPERAMOHSf LOCATIONS I VEHICLES I ETCLUSIONS ADDED BY ENOORSFMRNT I SPECIAL PROVISIONS Re: Irvine Ave. Sidewalk Widening Cont =act No. 4432 * *Waiver Of subrogation applies - $ee attached* A,Athorizod by State Of California - Depaxt r`Sn Of ?ndnstri al Relations -Office of the Director Certificate to Self Insure #4503 CERTIFICATE HUI9FJi r ... -- HW LOAMY OFTHEABOVE OESCAIHEO POUG'e5 BE CANCEtABO BEFORE THE F]PIR4TN1 C,,T?i=, DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 OATS WRITTEN NOTIOE 70 THR CER"DFlCATE HOLDER NAMED TO THE LEFT, OUT FAILURE TO Da SO SHALL IMPOSE NO O,,LjGATIDN OR LIAMUTYOP ANY MND UPOP. THE MsUrCR. ITS AGENTS UN City of Newport Beach REPRESENTATIVES. Jj Ij-- 3300 Newport Blvd. AUTHORIZED REPRESENTAT E i71� Newport Beach CA 92663 Jerry R. Austin -r - ACORD 25 (2DO9, 101) m 1908 -2909 A RO CQRVQRATION. All rights reserved. Th. a AGORO RENID and loge are regis*,Brsd marks OF ACORD F'L 2 itPiC(r9P.9fVLVYl'Y'/,1 ACOR CERTIF ATE OF LIABILITY INSU NICE j 02/34/2016 ANY REQUIREMENT OR CCENOITION OF ANY CONTP.ACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY ISSUED OR PRaDUr..ER y14)61g -44x0 FAX (714)619 -14151 1 HIS CERTIFICATE IS ISSUED AS A MATTER Or INFORMAtlON ONLY AND CONFERS NO RIGHTS UPON THE CEWrI KATE PC.UCIES. AGGREGATE Ur. !, S S%iO',ird b1AY HAVE BEEry REDLi-ED SYPAID CCAiW,S. Robert E. Harris Insurance Agency, Inc. HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR i Lic. #0216736 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1 GENERALLABILITY G 3150 Bristol St., Suite 206 I A i C01.1.4EC ALGe- ERALLUrABiUTY Costa Mesa, CA 992626 INSURERS AFFORDING COVERAGE NAIC i# _. ._. �_ C�1,1S Li±D- n : CCCJft INSURED SwauRERA MT Hawley Insurance Company Q i Steven Jesse Gligolla IIIJSURPP6 _ __ _ i : ! DBA: 5 J urigolia Gons "ruction Co. Inc. N -LIREPC 2639 Sierra Way {u uREP GFJ'.'L E3fITF 41M!T 5P('LL.S PER:; La Verne CA 91753 1 !.L,L.IRER E. :. t" ...._� .. . - PRO- POLI - n i JEC V THE POLICIES OF INSURANCE LISTED SELUIV HAVE SEEN ISSUED TO THE !NSUREO FIArvMED ABOVE FOR THE POLICY PERIOD INDICAT -e D. NOO T OW THSTANDING ANY REQUIREMENT OR CCENOITION OF ANY CONTP.ACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY ISSUED OR -TERM MAY PERTAIN, THE INSURANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH PC.UCIES. AGGREGATE Ur. !, S S%iO',ird b1AY HAVE BEEry REDLi-ED SYPAID CCAiW,S. .___.._._ —_.___ ILJR J4DD'L', ! _— POE MIA�EOTIVE !: DATE 111310TIfF y.1 LTR NWRD TYPE OF!NSURRNCE POLICY NU.Y+BER DATE MMPD iY'fil i0 T P11hV0WYYYir Llktl. 11CL3158633 04/12/2339 34 /iZ /ZO1O &<PCOCURFENCE S_- 1,000,00 1 GENERALLABILITY G _ •-'�1A Eid'FE'PJTEu ' I A i C01.1.4EC ALGe- ERALLUrABiUTY I PF,EIP t�fE IcjnI(>I1L . $ =3,00 _. ._. �_ C�1,1S Li±D- n : CCCJft i MIKE ESP IAtA. is><pesar i 5,000 Q i 1 PERSO 4AL 3ADV .PY/ L 1,603,00 i : ! !GENERA'.!. °.GtiREGAi£ ,5 Z,006,000 °ROCUGis Ge.A r apL,f i GGG, OOH GFJ'.'L E3fITF 41M!T 5P('LL.S PER:; L5 :. t" ...._� .. . - PRO- POLI - n i JEC I AUTOP.:OBILE LIABILITY OOP.t:cNEO E!KP:_E Ji. % %'f` x 1 AIVYA!i70 —tea? ff C ALL C: "Y,SO ALTOS I i 80DILYITI :PJRY I roe��ersmiJ , iCHE�i. ULE>. AUTC5 I L °er.'.wm IaT:fov.Nw Arcs PRI-P E . x i a Kew P. -..r � GARAGE LIAEIU'i AU i00NL'i .EA. +CGDEn? !g f— I 1 ANY' T1 CI HER Tom' EA Ax ALTD ONLY: kG,- s E CES:LMBRE.Li. LIABILITY ;. !.RF P E GO t!R CLAi%AS'1ADI- Ar•. R { 4 OZREO 3 ; RETE+UKA' $ I I AIORKEPSCOMPENSATON f / STAP. m R L n s T 1 I AND EMPLOYEPW LIABILITY N' ANY PPD' =1 t"°AF7 'EiLLT: v.`E 1 E S EJ JFFI 3EMBEF E CLUDED? �. aro i E.L DISEASE- r P v $ _._._._..__.__.- �. rG'Lr. PROW : &Y.; , .,aw D'_..}SE- E 6 i OTHER Subject to policy terms, I conditions and eyrfllJ. C'!4r?$. I DESCRIPai'L`N OF OPBRATION3 i LOCATIO4I51 VEHICLES r EXCLUSIONS A.ODED BY ENDORSEMENT; SPECIAL PRCASIONS Project: Irvine Ave. Sidewalk Widening - Contract 94432 - Newport Beach, CA. "s their interest may apprear, City of Newport Reach is an additional insured as respects General Liability; for work performed on their etehalf by the named insured as required by written contract per the attached endorsement CGLZIF,(34 /9 &). Subject to policy terms, conditions and exclusions. Except 10 Day notice of cancel l atior. for Nor-payment of Premium. G CR!!f ILNI C . ^.SILVG. ^. ZHMULD ANY OF THE ABOHE DESCRIBED PO J -C!RS BE CAIXELLED BEF ORE THE EXPIRATION DATE THEREOF, THE ISSUIW.- !NSUR -R V41LL ENUEA&V .TO mA-,.L 36*_ OAYe.rm TTEN City of Newport Beach NOTICE TO THE CERTIFICA TE HULDER",MED TO THE LEFT, B'JT F.HWRE TO Do so S%'.A±L Attn: Shauna Lyn Oyler 3'NPOWE No OBUGAT10N OR UABLry OF ANY KIND UPON T4EINSURER.?¢ ACENTS OR 3300 Newport 01 YCAe, RERE5ENTAT?v'FE. Newport Beach, [A 42663 AUTHORIZED REPRESENT.ATRC y Sonia Duran /SONIA T ACORD 25 (2009101) FAX: 943.644, 3313 ID 998 &2099 ACORD CORPORATION. All rights reserved, The ACORD name and logo are registered . marks of ACORD s5. 1L'. 2"A— a:Jb" IMPORTANT �'IV;UU —i- U If the certificate holder is an ADDITIONAL INSURED, the poiicy(iesj must be endorsed. A statement on this certificate does not confer righ`•.s to the certificate molder in Feu of such endorsemerri(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, ceitain policies may re uirc an endorsement. A staterient an this certificate does not confer ngh's to the certificate holder in lieu of such endorselnent sj. DISCLAIMER This Cert!ficat€ of Insurance does not cons`it IG a contract be veen the iss ng insurarts}, authoriz €d representatzra or producer, and the certificate holds[, nor does it sM r;iatiyoly or negat^;aiy amend, eAend or alter the coverage afforded by the policies :fisted thereon. .L Ynu1e N, gaoa'u,eeL. 2/2- "/2310 1:59:13 PM F.".vV ZiQ^ ' I CER t 1FiCATE OF INSURANCE - COMMERCIAL Fax Server ALLSTATE WSURANCE COMPANY - N ORT HBROOK, it THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INTERESTED PARTY TYPE: CERTIFICATE HOLDER comment ( CERTIFICATE MOLDER NAMED INSURED I Name and Address of Party to Whom this Certificate. Is Issued Name and Address of insured CITY OF NEVVPORT BEACH SJ GRIGOLLA CONSTRUCTION 3300 NPIAPORT BLVD 2634 SIERRA WAY NEWPORT BEACH, CA 92663 LA VERNE, CA 91750 This is to caddy that policies of insurance listed below have been issued to the insured named above subject to the expiration date indicated below, notwithstanding any requirement, teen or condition of any contad or other document with respect to which this certificate may be issued or may Pertain. The insurance afforded by the policies described herein .s subjact to all 1ha terms, exclusions, and conditions of such policiees. TYPE OF INSURANCE AND LIMITS GENERAL LIABILITY Policy Number Effective Date Expiration Date Limit Amount GENERAL AGGREGATE LIMIT (Other than Products- Completed Operations) S PRODUCTS - COMPLETED OPERATIONS AGGREGATE LIMIT S PERSONAL AND ADVERTISING INJURY LIMIT S EACH OCCURRENCE LIMIT S PHYSICAL DAMAGE LIMIT 5 ANY ONE LOSS MEDICAL EXPENSE LIMIT - S ANY ONE PERSON AUTOMOBILE LIABILITY Policy Number 48910716 Effective Date 6111109 Expiration Dats 6111i1D Coverage Basis Limits ANY AUTO u OWNED AUTOS Z MIRED AUTOS ❑ SPECIFIED AUTOS ® NON - OWNED AUTOS ❑ OWNED PRIVATE PASSENGER AUTOS G OWNED AUTOS OTHER THAN PRIVATE PASSENGER Combined Single Limit of 1-12 -ity BODILY INJURY A PROPERT4' DAMAGE g 2,040,000 EACH I ACCIDENT Split Liability Limits Bodily Injury I Propery Damage Each S PERSON 5 S ACCIDENT UMBRELLA LIABILITY Policy Number Effective Date Expiration Date EACH OCCURRENCE GENERAL AGGREGATE PRODUCTS - COMPLETED OPERATIONS AGGREGATE OTHER (Policy Policy Effective Expiration Type) Number Date Date DESCRiPTiJTJ -OF EJPERA�iONS![. GuATtONS, �HICLES7REflT ,?IGT;IONS�PEGIAL:ITEts15 - ... . " PROJECT: IRVINE AVE SIDEWALK WIDENING IT iS AGREED THAT SHOULD THE INSURANCE PROTECTION EVIDENCED HEREIN TERMINATE, THE ISSUING COMPANY WILL ENDEAVOR O MAIL NOTICE OF SUCH TERMINATION WITHIN 10 DAYS FOR THE FOLLOWING INTERESTED PARTIES! MORTGAGEE, LIEN HOLDER, ADDITIONAL INSURED AND ADDITIONAL INTERESTED PAR"-Y. TIM 712ate Authorized Representative Date Representative 1 S -1011 P442 LIABILITY (6705) A Print this Page - e &: Analysis �*< SureTec Insurance Company= 1� ,e —_— —__ , For ratings and pii t Is creoirRalilos -1 - A.M. Best #:012227 NAIC #:10916 FEIN #:760568746 Tnisratiois• .: wsmg%. now. Fin dal S ongth R Im@5 6assign9 (o ) %BEST - 1=29�n L11, l j �sseefi r [ tliLticJngs,• Address. 952 Echo Lane, Suite 4$0 I ccmpanes= 'L AnEYaofFant Q2b fianng Hous,on. TX 77024 filar ti rvn is 3ar'r, repo stRSngs UNITED STATES our opinion "all excellent abApv to mns6.t 'AWencezI lea Ch they) =ongcilig oblL[I$n .n =lo jPill Cr le w's C rez� of l?cst s Ir drt 4ah . pnliryholne %s; _ _ _ Phone 713 812 -0800 _ - Enter a Company Na u a10t Wl Pahtg Fax 713312 -040b '- r s �'oeaat RCr�n; VVeb a� wsuretec.com ncel.�tn,L•l ry br_s� red, nu'31i;� aCY,aphnatys Financial Strength Ratings. Viex'Det mllcrts Issuer Credit RaUilgs :✓i a 9mt , Research' Rating: A (Excellent) Long- Term: a rvices - Financial Size Category: VII ($50 Million to Outlook Stable S' 5100 Mf!!ion) Action: Affirmed [-1--t Vie Ralm.,D Iiinformation= Outlook Stable Date: November 13,2009 S oneAction:Affirmed ,3,Resaurppsj, Effective Date: November 13,2009 noes and Events �­ " Denotes Under Re view Ratings. See rating definitions, " 3d i 9. 3 u � .. vC��UPlttR! � � 1���+iA emat i __1 lot rtaei;�Inio `J l � Best's C:rl I,t <f>Ii VE,10'S1iAP�l CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 5 March 9, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Tom Sandefur, P.E., Associate Civil Engineer 949 - 644 -3312 or tandefur@newportbeachca.gov SUBJECT: IRVINE AVENUE SIDEWALK WIDENING -AWARD OF CONTRACT NO. 4432 Recommendations: 1. Approve the project plans and specifications. 2. Declare the apparent low Bid by Pivot Group, Inc. to be non - responsive. 3. Award Contract No. 4432 to S.J. Grigolla Construction Company, Inc. for the Total Bid Price of $86,920.00, and authorize the Mayor and the City Clerk to execute the contract. 4. Establish an amount of $8,700.00 (10 %) to cover the cost of unforeseen work. Discussion: The existing sidewalk on Irvine Avenue between Coral Place and Haven Place is only three feet wide and contains numerous obstructions. A wheelchair would be unable to safely traverse the length of the sidewalk without going into the street or bike lane. The City received questions from residents concerned about the ability of a child using a wheelchair to navigate the sidewalk. The City put together a project late last year to address these concerns. The work necessary for the completion of this contract consists of removing the existing sidewalk, pouring new sidewalk, replacing existing curb and gutter, installing curb ramps, removing interfering trees, root pruning, moving and restoring irrigation systems, and removing and reinstalling street signs. At 10:00 a.m. on February 18, 2010, the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low Pivot Group, Inc. $77,800.00 2 SJ Grigolla Construction $86,920.00 3 Grigolla and Sons $90,178.00 4 HYM Engineering $91,870.00 Irvine Avenue Sidewalk Widening — Award of Contract No. 4432 March 9, 2010 Page: 2 5 Southland Construction $92,650.00 6 Nobest, Inc. $95,000.00 7 Belaire -West Landscape $98,475.00 8 KM Consulting $98,528.05 9 Black Rock Construction $98,607.50 10 Tat -Cal Engineering $98,741.00 11 Peterson -Chase General $99,799.00 Engineering 12 E.C. Construction, Inc. $102,192.75 13 CJ Construction, Inc. $104,477.50 14 B &T Works, Inc. $108,612.50 15 Kalban, Inc. $119,700.00 16 S. Parker Engineering, Inc. $130,535.00 The apparent low bidder, Pivot Group, Inc., failed to submit the necessary Federal Contract Documents at the time of bid opening and therefore must be deemed a nonresponsive bidder. This project is partly funded by Community Development Block Grant (CDBG) Funds and must follow federal procedures. Additionally, a reference check conducted by staff revealed a questionable performance history on work done by Pivot Group, Inc. for another local public agency. The second low bidder, SJ Grigolla Construction, provided all necessary forms. A check of the contractor's references indicated that they have satisfactorily completed similar projects for other municipalities. The low total bid amount is 47 percent below the Engineer's Estimate of $128,000.00. The competitive nature of the current bidding environment, and the large number of bidders, most likely led to the large difference between the Low Bidder and the Engineer's Estimate. The low bidder, SJ Grigolla Construction, possesses a California State Contractors License Classification "A" as required by the project specifications. Pursuant to the Contract Specifications, the Contractor will have 15 consecutive working days to complete the work. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines. This exemption covers the repair, maintenance and 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. Prior to starting work, two City prepared notices are Irvine Avenue Sidewalk Widening —Award of Contract No. 4432 March 9, 2010 Page: 3 distributed by the contractor to both residents and businesses. The first notice will be distributed ten days before work in the area and the second notice 48 hours prior to starting work in the area. Geotechnical, Material Testing and Survey Services: In addition to the contract costs, approximately $2,500.00 in geotechnical and material testing services are projected to be needed for this project and will be performed under the respective on -call professional services agreements. $1,000.00 is included for printing and other incidentals. Funding Availability: There are sufficient funds available in the following account(s) for the project: Account Description CDBG General Fund Proposed uses are as follows: Vendor SJ Grigolla Construction SJ Grigolla Construction GMU Geotechnical, Inc. Various Prepared by: Sandefur, Tom Associate Civil Engineer Attachments: Project Location Map Account Number Amount 7161- C2001009 $ 53,600.00 7013- C2001009 $ 45,520.00 Total: $ 99,120.00 Purpose Amount Construction Contract $ $86,920.00 Construction Contingency $ 8,700.00 Materials Testing $ 2,500.00 Printing and Incidentals $ 1,000.00 Total: $ 99,120.00 Submitted by: is Works Director LOCATION MAP IRVINE AVENUE SIDEWALK REPLACEMENT CONTRACT NO. 4432 w z w a w MARGARET DRIVE > NEWPORT HARBOR HIGH SCHOOL LELPROJECT LOCATION 1 STH STREET HAVEN PLACE CLAY STREET CORALPLACE ENSIGN INTERMEDIATE z a� a0 0 � �\NG5 P�