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HomeMy WebLinkAboutC-4561 - FY 2010-11 Sidewalk, Curb and Gutter Replacement( f "' l�i L _. '`7 IUD OFFICE OF THE CITY CLERK l.eilani I. Brown, MMC August 9, 2012 Mr. David Grigolla Grigolla & Sons Construction Co., Inc. P.O. Box 949 Azusa, CA 91702 Subject: 2010 -2011 Sidewalk, Curb, & Gutter Reconstruction Project (C -4561) To Whom it May Concern: On August 9, 2012 the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion. The Notice of Completion was recorded by the Orange County Recorder on August 22, 2011, Reference No. 2011000412867. The Surety for the contract is International Fidelity Insurance Company, and the bond number is 0535618. Enclosed are the Faithful Performance and Labor and Materials Bonds. Sin�cSincerely, ,, �� jy .. � 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 PREMIUM 15 FOR CONTRACT TERM AND IS This bond was executed in three(3) BASED NFIECTCOTRACTMENT BASED ON FINAL CONTRACT PRICE identical counterparts. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2010 -2011 SIDEWALK, CURB & GUTTER RECONSTRUCTION PROJECT CONTRACT NO. 4561 BOND NO. 0535628 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 7, 93 6. 00 being at the rate of $ is . oo & $15.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Grigolla & Sons Construction Co., Inc., hereinafter designated as the "Principal ", a contract for construction of 2010 -2011 SIDEWALK, CURB & GUTTER RECONSTRUCTION PROJECT, Contract No. 4561 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. 4561 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we *the Principal, andlnternational Fidelity 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 Four Hundred Sixty -Two Thousand, Three Hundred Seventy and 00 /100 Dollars ($462,370.00) 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. *C-rigolla & Sons Construction Co., Inc. 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 marner therein specified, and in all respects according to its true intent ar.d 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 amourt not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 29 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 ea. uity 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 14th day of December 1 20 io . n-w✓ i D G� r i� p l r4 Grigolla & Sons Co ruction Co., Inc. (Prin International Fidelity Insurance Company Name of Surety 13400 Sabre Springs Parkway, Suite 270 San Dieqo, CA 92128 Address of Surety (858) 513 -1795 Telephone Arturo Ayala, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 30 ACKNOWLEDGMENT ................................................ .............................., State of California County of Orange } Ss, On 12/14/10 before me, Susan Pugh Notary Public, personally appeared Arturo Ayala 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 /shelthey executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r Signature Susan Pu h) G,rrornfo s; �._�, / �r�•rC... , _•. yip _, �, •CGi i (seal) o......... ........... ............................... v........................ v, Dale of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION 12/14/10 Thumbprint of Signer Performance Bond Two Type of Satisfactory Evidence: X Personally Known with Paper Identification Paper Idenfification _Credible Witness(es) Capacity of Signer. _ Trustee X Power of Attorney CEO /C =01CCO _ President) Vice - President) Secretary) Treasurer Other: Other ;information: 31 Check here If no thumbrinl or fingerprint is availab e. ACKNOWLEDGMENT ................................................ .............................., State of California County of LOS / ?;j 6_&, ) ss. On �5�/D before me, �` �! /`L� Notary Public, personally appeared ll�il t1i r r� who proved to me on the basis of satisfactory evidence to be the person(%) whose name(} is /ar=e subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /fir authorized capacity(im}, and that by his /her#ttir signatures(a) on the instrument the person(s), or the entity upon behalf of which the personw acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Sig ature e`s ,; r S 1 ci lA GftIGLI_Hrr'' r t CAL Ft .IA C n ,Y 5..+. e••- ..i•r•_ � rn�••••-ae•av:�: .. rrw•vm:�� (seal) ......... v............ v .............................. v....... v v..... v...... v. v, Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION 1 ikf A Typeof Satisfactory Evidence: k Personally Known with Paper Identification _ Paper Identification Credible Witness(es) Capacity of Signer: Trustee _ Power of Attorney CEO /CFO /COO �! — President / Vice - President I Secretary /Treasurer Other: Other Inform 32 Thumbprint of Signer Check here if no thumbprint or fingerprint is available. PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT This bond was executed in three(3) BASED ON FINAL CONTRACT PFHCE identical counterparts. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2010 -2011 SIDEWALK, CURB & GUTTER RECONSTRUCTION PROJECT CONTRACT NO, 4561 BOND NO. 0535618 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of Califomia, by motion adopted, has awarded to Grigolla & Sons Construction Co., Inc., hereinafter designated as the "Principal," a contract for construction of 2010.2011 SIDEWALK, CURB & GUTTER RECONSTRUCTION PROJECT, Contract No. 4561 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 4561 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, International Fidelity Insurance Company duly authorized to transact business under the laws of the State of Califomia; as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of Four Hundred Sixty -Two Thousand, Three Hundred Seventy and 001100 Dollars ($462,370.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surely will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by t'ne provisions of Section 3250 of the Civil Code of the State of Ca'ffornia. 33 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 14th day of December . 20 to . Da 1p G-Q / 1'j0((% Grigolla & Sons Construction Co., Inc. (Pri International Fidelity Insurance Company Name of Surety 13400 Sabre Springs Parkway, Suite 270 San Diego, CA 92128 Address of Surety (858) 513 -1795 Telephone Arturo Ayala, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 34 ACKNOWLEDGMENT ............. a............................... ............................... e, State of California County of Orange ) Ss. On 12/14/10 before me, Susan Pugh Notary Public, personally appeared Arturo Ayala ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Were 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Az Signature Susan P4,ijhl 7z7-16 F' • ,9C� "crry ���ui�llC!� _ %Itfcnle (seal) .....> ..................... a.......... a......... ............................... Date of Document OPTIONAL INFORMATION 12/14/10 Thumbprint of Signer Type or Title of Document Labor & Materials Payment Bond Number of Pages in Document Two Document in a Foreign Language Type of Satisfactory Evidence: X Personally Known with Paper Identification _ Paper Identification Credible Witness(es) Capacity of Signer _ Trustee X Power of Attorney CEO,'CFC /COO _ President i Vice - President i Secretary / Treasurer Other: Other t 35 Check here if no thumbpriil or fingerprint is available. ACKNOWLEDGMENT .............................................. ............................... e, State of California /� County of /-os Gh2�eL ) ss. On / y l/ ` l/'y/ O before me, /y Notary Public, personally appeared ?Wig who proved to me on the basis of satisfactory evidence to be the persorq-s) whose namR i) is /are subscribed to the within instrument and acknowledged to me that he /shy executed the same in his /ber4h& authorized capacity(), and that by his/hea. heir signatures(s) on the instrument the person(), or the entity upon behalf of which the person($.) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. //a Signat re TIO r, b Jli_- �si Ih:.�f:'.i (.,4t da (seal) ................................................ ............................... Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION /2_ /y /?-D /0 GAoo-40" moo/ -Z- "/J Ty of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO /CFO /COO �- President / Vice - President / Sect/ Treasurer Other: Other Information: 36 Thumbprint of Signer Check here if no thumbprint or fingerprint is available. Tel (973) 624 -7200 OWER OF ATT®RN]E Bond No. 0535618 INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER. 20TH FLOOR NEWARK, NEW JERSEY 07102 -5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL F DELITY INSURANCE COMPANY, a corporation organizcd and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby comtiuue and appoint DWIGHT REILLY. RALPH EIDEM, JR., ARTURO AYALA, DANIEL HUCKABAY O'a11ge, CA its inie and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety. an and all bonds and'undenrikings, contracts of indemnity and other writings obligatory in the nature themof. which are or may be allowed. required pr permitted by laws, stature rule, regulation, cumnict or otherwise, and the execution of such instruments) in pursuance of these presents, shall be as binding upon the said INTtRNAT NAL FIDELITY INSURANCE COMPANY. as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its In incipal office. This Power of Attorney is executed, and ma) be revoked, pursuant to and by authority of Article 3- Section 3, of the By ­Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY :INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President. Secretary or Assistant Secretary, shall have power and authority ( 1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of die Company thereto, bonds and undertakings, contracts of indemnity and Other writings obligatory in the nature thereof and, (2) To remove, ar any time, any such attorney-in -fact and revoke the authority given. Further, this Power of Attorney is signed and sealed % facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true eAcerpr. Now therefore the signatures of such officers and the seal of the Company may he affixed to any such power of attorney or any certificate relating thereto by facsimile. and any such power of attorney or certificate hearing such facsimile signatures of facsimile seal shall be valid and bindmg upon the Company and any such power so executed and certified by facsimile signatures and - facsimile seal shall be valid and binding upon die Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. SEAL `'- m STATE. OF NEW JERSEY _�• County of Essex a INTERNATIONAL FIDELITY INSURANCE COMPANY On this 16th day of October 2007, before me came die individual who executed the precedingg instrument, to me personally known, and, being by me duly sworn, said the he is the therein described and authorizer) officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is rte Corporate Seal of said Company: that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. •';��\V V� -'�.,v IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, > P Q(� at the City of Newark, New Jersey the day and year fast above written. yOTA ?�; ,9 NEW ,s�� A NOTARY PUBLIC OF NEW JERSEY - tnryu,..,rnrtr M CERTIFICATION Y Commission Expires March. 27, 2014 I, the undersigned officer, of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify, that 1 have compared the foregoing copy of the Power of Attorney and affidavit, and they copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same arecorrect transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN ,rEs imONY WHEREOF, 1 have hereunto set my hand this 14th day of December, 2010. Assistant Secretary 2� RECEIVEDded in Official Records, Orange County RECORDING REQUESTED BY AND Tom Daly, Clerk- Recorder WHEN RECORDED RETUO TMIS 29 pM1�I IIIIII�II INIIIaIIIVIIVIIIIIIIIIIIIIIIIIVIIIIIIIINAIIIIIIIIIII NO FEE 2011000412867 1:56 pm 08/22/11 City Clerk Om E OF 47 412 N12 1 City of Newport Beach THE CITY CL EV.00 0.00 0.00 o.00 o.00 om o.00 o.00 3300 Newport Boulevard CITY or, Newport Beach, CA 92663 "Exempt from recording fees 1-�- pursuant to Government Code Section 27383" 'N NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Grigolla & Sons Construction Company, Azusa, California, as Contractor, entered into a Contract on January 11 2011. Said Contract set forth certain improvements, as follows: 2010 -2011 Sidewalk. Curb & Gutter Reconstruction Project - C -4561 Work on said Contract was completed, and was found to be acceptable on August 9, 2011, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is International Fidelity Insurance Comoanv. is Works Director of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on W61 10, 201 BY 4�� � 6N"1__ City Clerk at Newport Beach, California. Q�EVUPpRr CITY OF `�W'BE; NEWPORT BEACH AU_ ;,,9 (I'il City Council Staff Report 121 0 Agenda Item No.- 7 August 9, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949 - 644 -3311, sbadum @newportbeachca.gov PREPARED BY: Peter Tauscher, Junior Engineer APPROVED: 2010-2-U! 1 SIDEWALK, NJRB & GUTTER RECONSTRUCTION TITLE: PROJECT - COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4561 ABSTRACT: On January 11, 2011, City Council awarded Contract No. 4561 to Grigolla & Sons Construction Company, Inc., ( Grigolla) for an amount of $475,370.00 and established a 20 percent contingency allowance. Work is now complete and staff requests City Council to accept and close out of the contract. 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. FUNDING REQUIREMENTS: Funds for the construction contract were expended from the following accounts: Account Description General Fund Building Excise Tax Gas Tax General Fund Account Number Amount 7013- C2001009 $363,966.67 7271- C4002009 29,790.00 7181- C2001009 110,101.85 7013- C2001008 48,060.96 Total: $551,919.48 DISCUSSION. t_ ... 2010 -2011 Sidewalk, Curb & Gutter Reconstruction Project — Completion and Acceptance of Contract No. 4561 August 09, 2011 Page 2 Overall Contract Cost/Time Summary Construction Description Cost Actual Contract Time Contract Award Final Cost at Contingency Contract Time+ Under or Amount Completion Target Change Extension Over TOTAL $19,251.60 tt $475,370.00 $551,919.48 20% or less 20% 97 -9 The contract, as bid, consisted of removing and replacing sidewalks, medians, curb and gutter, driveways; removing trees; root pruning; and installing root barriers and staircases within the Eastbluff Community, China Cove, San Miguel Park, and Balboa Island areas. Given favorable contract pricing, staff directed Grigolla to replace additional damaged and deteriorated curbs and gutters within the Anniversary Tract and John Wayne Airport vicinity, install six benches and trash receptacles at bus stops along Coast Highway, and build a concrete pad for a shade structure at Bonita Canyon Sports Park. The final overall construction cost, with change orders, was approximately 20 percent above the original bid amount. 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: Actual cost of bid items constructed: Total change orders: Final contract cost: $475,370.00 532,667.88 19,251.60 $515,919.48 The five change orders associated with this contract are detailed below: CO # Description Cost 1 Bonita Canyon Sports Park — Concrete Pad $7,790.00 2 Install Bus Benches and Trash Bins 2,284.00 3 Addition Work Repairing Sidewalks at Harbor Island 3,000.00 4 Additional China Cove Concrete Repair 5,777.60 5 Additional Survey —Comer Records 400.00 TOTAL $19,251.60 A summary of the project schedule is as follows: Estimated completion date per July 2010 Schedule: April 15, 2010 Project Awarded for Construction: January 11, 2011 Contract Completion Date Plus Approved Extensions: July 28, 2011 Actual Substantial Completion Date: July 15, 2011 2010 -2011 Sidewalk, Curb & Gutter Reconstruction Project — Completion and Acceptance of Contract No. 4561 August0g,2011 Page 3 ENVIRONMENTAL REVIEW: City Council found this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: This agenda item has been noticed according to the Brown Act. In addition, the City Clerk will be filing a Notice of Completion for the project as a result of this action. The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Submitted by: Director nt: Location Map LOCATION MAP NOT TO SCALE FY 10 -11 SIDEWALK, CURB & GUTTER RECONSTRUCTION PROJECT CONTRACT NO. 4561 �a i m mK �w eb i, t Iii s 0 r�$ Y 4 )Q M L /STq of�J,O PRIMARYa PROJECT LOCATION E Nr. AVEN{J s � f Q V e p m t ` d ; O� 'e � � �• e F � e w^" it f 0 43 R OF'F XCIE OF THE CXTY CLERK Leilani I. Brown, MMC August 10, 2011 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following project: 2010 -2011 Sidewalk, Curb & Gutter Reconstruction Project Please record the enclosed document and return it to the City Clerk's Office. Thank you. Sinc.re,,- l 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 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Lxempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Grigolla & Sons Construction Company, Azusa, California, as Contractor, entered into a Contract on January 11, 2011. Said Contract set forth certain improvements, as follows: 2010 -2011 Sidewalk Curb & Gutter Reconstruction Project — C -4561 Work on said Contract was completed, and was found to be acceptable on August 9, 2011, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is International Fidelity Insurance Company. lid Works Director of Newport Beach TION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on N6 4o Io, ?AID BY ak;tc D City Clerk at Newport Beach, California. CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 AM on the 8th day of December, 2010, at which time such bids shall be opened and read for 2010 -2011 SIDEWALK, CURB & GUTTER RECONSTRUCTION PROJECT Contract No. 4561 $540,500.00 Engineer's Estimate FO Foy,( Stephen G. Badum Public 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 C -8" For further information, call Peter Tauscher, Project Manager at (949) 644 -3316 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: _http://www.NewportBeachCA.gov CLICK: Online Services /Bidding & Bid Results CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2010 -2011 SIDEWALK, CURB & GUTTER RECONSTRUCTION PROJECT CONTRACT NO. 4561 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ......................................... ............................... 3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................9 NON - COLLUSION AFFIDAVIT ........................................... .............................13 DESIGNATION OF SURETIES ........................................... .............................14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD ........................ .............................15 ACKNOWLEDGEMENT OF ADDENDA ........................................... .............................17 INFORMATION REQUIRED OF BIDDER ........................................ .............................18 NOTICE TO SUCCESSFUL BIDDER ............................................... .............................21 CONTRACT...................................................................................... .............................22 FAITHFUL PERFORMANCE BOND ................................................ .............................29 LABOR AND MATERIALS PAYMENT BOND .................................. .............................33 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2010 -2011 SIDEWALK, CURB & GUTTER RECONSTRUCTION PROJECT CONTRACT NO. 4561 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. 7. 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. 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. Contractors License No. & Classification c tgoira & Sons Cyr. Co, M. Bidder A thorized Sig at it e - 1 - lc _r:) Date CI Bond No. GRISO -50 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2010 -2011 SIDEWALK, CURB & GUTTER RECONSTRUCTION PROJECT CONTRACT NO. 4561 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 aid Dollars ($loa of Amount aid), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of 2010- 2011 SIDEWALK, CURB & GUTTER RECONSTRUCTION PROJECT, Contract No. 4561 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 1st day of December , 2010. Grigolla & Sons Construction Co., Inc. S�, C-- Name of Contractor (Principal) .P �u go e S natL:e itle International Fidelity Insurance Company Name of Surety Authorized nt Si 13400 Sabre Springs Parkway, Suite 270 San Diego, CA 92128 Address of Surety (858) 513 -1795 Telephone Arturo Ayala, Attorney -In -Fact Print Name and Title (Notary acknowledgment of both Principal & Surety must be attached) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 12/1 /10 before me, Susan Pugh, Notary Public Date Here Insert Name and Title of the Officer personalty appeared Arturo Ayala Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /axe subscribed to the within instrument and acknowledged to me that he /sh>+ they executed the same in his /hoOdnair authorized capacity(ies), and that by his /ter signature(s) on the instrument the -., person( &), or the entity upon behalf of which the person(s) -17. is "o acted, executed the instrument. [:_into 'C' Cc _ ;; • I certify under PENALTY OF PERJURY under the laws of r J the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. f (\ Signature x !J T1 -' Place Notary Seal Above signature of Notary Public Susan Pudq) OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Arturo Ayala ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General (� Attorney in Fad ❑ Trustee e ❑ Guardian or Conservator Top of thumb here ❑ Other: Signer Is Representing: Number of Signer's Name: ❑ Individual ❑ Corporate Officer— Titie(s)_ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fad ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: One Top of thumb here 02007 National Notary AssadaWn • 9350 De Soto Ave., P.O. Sol, 2402 • Chatsworth, CA 91313-2402,w NatlonalNdary.org Item #5907 Reartlec Call Tdl -Free 1- 900­87e-6a27 ACKNOWLEDGMENT ................................................ ............................... State of California I County of („tee al�S )Ss. On la—N-10 before me, Notary Public, personally appeared i mar who proved to me on the basis of satisfactory evidence to be the person(%) whose name() is/�ke subscribed to the within instrument and acknowledged to me that he/Ske/tke'y executed the same in his/tW /t11siL authorized capacityps§), and that by his /h<iheir signaturesN on the instrument the personN, or the entity upon behalf of which the personN 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 mihajlcjWand official seal. Signature SEAN PETRONE CommissIon # 1889105 S ro Notary Public • California z = Orange County n amm. Expires Jun 8, 2014 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION No Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO /CFO /COO Pfesident / vie&+Yett v / Secretary / Tfeasuref Other: Other Information: Thumbprint of Signer no thumbprint or fingerprint is available. Tel (973, 624 -7200 CDWER OF ATTORNE i Boyd No. CaIso-50 INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER. 20TH FLOOR NEWARK, NEW JERSEY 07102 -5207 KNOW ALL OPEN BY THESE PRFSEN'TS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, u oirpo anon organized and existing laws of the State of New Jersey, and having its principal office in the Gip' of Newark. New.lersey, does herehy constitute and appoint DWIGHT REILLY, RALPH EIDEM, .IR., ARTURO AYALA, DANIEL HUCKABAY Orange, CA. its true and lawful anornevts! -in -fact to execute, seal and deliver fm and on its behalf as surety, anv and all bonds and undertakings, contracts of indemnity and (,that writings obligatory in the nature thereof, which are m may be allowed, required or permuted by law, suture, role, regulation, contract or otherwise, and the execution of such mstrumem(sJ in pursuance of these presents, shall be as binding upon the. said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all imams and purposes, as if the same had been duly executed and acknowledged by its regularly elected off-jeers at its principal office. This Power of Auorney is executed. and mzv be revoked, pursuant to and by authority of Article 3-Section 3, of me By -I,aws adopted by the Board. of Directors of INTF,RNA'1'IONAL FIDELITY INSURANCE COMPANY at a meeting called anti held on the 7th day, nfTebrwuy, 1974, The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority r ly To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings. contracts of indemnity and other writings obligatory in the nature thereof and, (2 ) To remove, at any time, any such anorney -in -fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adapted at a meeting duly called and held on the 29th tlay of April, 1932 of which the following is a une excerpt: Now therefore [lie signatures of such officers and die seal of the Company may be affixed to any such Powes of auomey or any certificate relatine thereto by facsimile, and any such power of attorney ar certificate hearing such facsimile signatures or facsimile seal shall be valid and hinding upon the Company and any Such power so executed and certified by facsimile signamres and facsimile seal shall be valid and binding upon die Company in the future with respect to any bond or undertaking to which it is amohed. .11► (/�/J IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be p - (/,p signed and its cmporme seal to be affixed by its authorized officer, this 16th day of October. A.D. 2007. 1P �•''YJ• `>9a INTERNATIONAL FIDELITY INSURANCE COMPANY SEAL r� O f STATE O NEW JERSEY 904 County Essex I, EasAk a� Secretary On this 16th day of October 2007, before me came the individual who executed the )receding instrument, to me Personally known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that die said Corporate Seal and his signature were duty affixed by order of the Board of Directors of said Company. ENV VAZ IN TESTIMONY WHEREOF, 1 have hehtunto set my hand affixed my Official Seal, Up�OTAh,OGt -' its at the City of Newark. New Jersey the day and year first above written. �7 y E41- g . A NOTARY PIBLIC OF NEW JERSEY " " "• ^"'rth, Me Commission Expires March. 27, 2014 CERTIFICATION L the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the cope of the Section (,f the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFPICE OF SAID COMPANY, and that the same are conect transcripts thereof. and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full f ace and effect IN TESTIMONY' WHEREOF. 1 have hereunto set my hand this ZSt day of December, 2010. Assistant Secretary CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2010 -2011 SIDEWALK, CURB & GUTTER RECONSTRUCTION PROJECT CONTRACT NO. 4561 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.) Subcontractors Information Bid Item Number Description of Work %of Total Bid Name: Address: 6�aQ &i�Pe, -EDr, Q Uedsictae� Gf, 192Gi6%f Phone: qrj l _';C6—Qa l q I Stale License Number/: L'G Name: -Tre Arm, -Ur Address: J%J Phone: State License Number: �Qai�7 Name: 1AaA".'Q� '^�P I qC Address: a I 19 inv� ��I0.�5 ot (t j(t Phone: (C7 —� I4rS// State License Number: 7 b Grigofla & Sons Const. Co. /NC. Bidder uthorized g tur (Title CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2010 -2011 SIDEWALK, CURB & GUTTER RECONSTRUCTION PROJECT CONTRACT NO. 4561 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formM Please print or type. Grigolla & Sons Const. Co. INC. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past two years in excess of $15,000, provide the following information: No. 1 7,0061-2010 Project Name /Number hl UEtJlklk, fAM�� %9lili(X_ 'r6GYt*tcbA"' Project Description fchkW_' [IIAtc S.' awe 6rkd Approximate Construction Dates: From 12�Oy To: 3 / //0115 Agency Name N Contact Person YtV?A Thy Telephone (FYI 104-33 /i Original Contract Amount $ 3O-Z) 05 Final Contract Amount $ '3n 2, op r If final amount is different from original, please explain (change orders, extra work, etc.) k 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 We M No: 2 Project Name /Number Project Description 1�byvuyt I PI ALE �117LN114j�S� (awh5 Approximate Construction Dates: From gI oq To: LZ /Dy Agency Name bo'CA 43300 070- Contact Person 5 %Acri �vy Telephone (9 bK4'33/� Original Contract Amount $ ms`s b o��F nal Contract Amount $ 57s, lq 99, �e If final amount is different from original, please explain (change orders, extra work, etc.) 6101A work 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. v D No. 3 n ) Project Name /NumberpYDVw+S �Vious IOC�n'anS —_ Project Description Approximate Construction Dates: From Agency Name � t o 4 tt /01 Contact Person 6"5 VP -r " Telephone (325 15-SY- �7/ 00 Original Contract Amount $ 4-Z 43�inal Contract Amount $ 37 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. N 0 U11 �/ No. 4 Project Name /Number pPbif cf No 0'003 fleC :L fm � •ylArt24OB$ Project Description Ran 6y , l�GjAtt wkS Approximate Construction Dates: From -7 /) O To: 10/i a Agency Name T7 v� I h�w%�, f� �A✓iC C/5� /�u�ZS Ay6 U4 r Contact Person iiit rj 5 VIel✓ 1 Telephone - � vo Original Contract Amount $23Z S7Pinal Contract Amount $ %iOZ, 8 13, 0 Z If final amount is different from original, please explain (change orders, extra work, etc.) GlkAr.Gt trrDL -�e�s 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 No. 5 Project Name /Number Project Description YiI Dt llL re.r igC.L ..e'f Gv nQ►3 � Approximate Construction Dates: From y 1 I 1) To: B Agency Name Lt tj q /) Aw C%i fri40 , 18 Contact Person J D R J Telephone (q0J 3 q y - % 7- 70 Original Contract Amount $ 130, -0-00 Final Contract Amount $ 137-4 Lf l {o , 4 & If final amount is different from original, please explain (change orders, extra work, etc.) LEA Wrry Ic 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. 01 11 No. 66 m ,Jr.2 G V& ' Project Name /Number i('iY/A Gey�GtG�tc- �YD ✓�ne.wT3 Project Description , AC.0 5�0�[ wrr� %5 + unKL� I¢' go Approximate Con /struction Dates: From �I 16110 /To: lly,��� o /� _ , Agency Name &4, 0J A-SSA DUq t4 N v1 °r`•, Az-L�SAe Contact Person DA-IN11 E( 'PlObA�4 6 Telephone 12— =7 Original Contract Amount $ Z3, ego." i Final Contract Amount $ 23 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. D 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. Grigolla & Sons Cont. Co. INC. Bidder 12 &riyolli (J 6Jtvr� 'F�c.. P.O. Box 949• Azusa, Ca. 91702 Ph# (626) 334 -6634 Fax# (626) 334 -5591 License # 514132 -A Email: david@grigollaandsons.com Experience Levels Raymond L. Grigolla: Raymond started concrete construction with his father at age 16 as part time and after school full time. He has 29 years of managing field crews as well as fast hand experience in constructing curbs, gutters, driveways, sidewalks, street pavement, breaking and demolition in -kind. Tracks and manages all company vehicles. Raymond Grigolls will be General Superintendant. John L. Grigolla: John started concrete construction with his father at age 16 as part time and after school full time. He has 28 years of managing field crews as well as first hand experience in constructing curbs, gutters, driveways, sidewalks, street pavement, breaking and demolition in -kind. Manages all company schedules. Ruben Gonzales: Ruben started concrete construction with our company as a labor. He has successfully worked his way up to senior company foreman. He has 28 years of managing field crews as well as first hand experience in constructing curbs, gutters, driveways, sidewalks, street pavement. He has an outstanding ability to correct problems before they happen. His talents also include masonry, stamped concrete, and other walks with decorative finishes. David Grigolla: Senior estimator with 24 years of field and office experience. He handles all the estimates, contracts, billings, change orders, field measuring. Keeps all paperwork managing, in charge of safety issues. Manage all home owner letters and notices. David Grigolla will be General Manager. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2010 -2011 SIDEWALK, CURB & GUTTER RECONSTRUCTION PROJECT CONTRACT NO. 4561 DESIGNATION OF SURETIES Bidders name Grigolla & Sow Const. Co. INC. Provide the names; addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond type): 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2010 -2011 SIDEWALK, CURB & GUTTER RECONSTRUCTION PROJECT CONTRACT NO. 4561 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Nameo`la Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 15 Current Record Record Record Record Record Yearof for for for for for Record 2009 2008 2007 2006 2005 Total 2010 No. of contracts 5 5 © �`d �•�� Total dollar Amount of Contracts (in p 3' Thousands of $) No. of fatalities No. of lost Workday Cases No. of lost workday cases involving permanent transfer to to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 15 Grigolla & Sons Comt. Co. INC. '3m Ile Legal Business Name of Bidder / �� � � C��, Business Address: 1 11 � Gjl{g UhAt_6� cl)7oZ Business Tel. No.: If 2-1a • ��y -C�3y State Contractor's License No. and G �t Classification: Title nv� The above information was compiled from the records th 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 bidd Da Tit Signature bidd Da Tit Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, joint 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. [NOTARY ACKNOWLEDGMENT MUST BE ATTACHEDI 16 ACKNOWLEDGMENT ................................................ ............................... State of California County of L4p5 &k je-S ) ss. S Ceti n On before me, Notary Public, persgnally appeared i rr proved tome on the basis of satisfactory evidence to be the person(AL) whose namek) 0 /are subscribed to the within instrument and acknowledged to me that /r e14*ey executed the same ig, Ptjg /fir /oeir authorized capacity(pm), and that by /or/ signaturesN) on the instrument the person(a), or the entity upon behalf of whichl person(,) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS rbvnlMind and official seal. SEAN PETRONE Commission # 1869105 `R -o Notary Public - California z i MOrange County y mmEe 0 n ................................................ ............................... Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION e� Type of Satisfactory Evidence: _ Personally Known with Paper Identification _ Paper Identification Credible Witness(es) Capacity of Signer: Trustee' Power of Attorney O / CFO /COO VCe= President 4ecreta TTessEUer Ot er: Other Information: 7 Thumbprint of Signer Check here if no Ihumbprinl or fingerprint is available. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2010 -2011 SIDEWALK, CURB & GUTTER RECONSTRUCTION PROJECT CONTRACT NO. 4561 ACKNOWLEDGEMENT OF ADDENDA Bidders name Grt&gk &Sons Conn. Co. INC. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. I Date Received ire 17 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2010 -2011 SIDEWALK, CURB & GUTTER RECONSTRUCTION PROJECT CONTRACT NO. 4561 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: Grigolla & Sons Const. Co. INC. Business Address: n. �• PJS�I H ►�%l%5�4 . 17D Z Telephone and Fax Number: California State Contractor's License No. and Class: 51q I3 Z 7 (REQUIRED AT TIME OF AWARD) Original Date Issued: VU' 0 Expiration Date: 7' 3/' II 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: hbC 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 ,b h n tojlti ell0. - Tre.44A4 , Wi i 5. GlSnanl yC Wu-33q, boy Corporation organized under the laws of the State of (/ikj; Fives M. %I I1 u n The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide Aie ny mes, addresses and telephone numbers of the parties; Briefly symmarize the parties' claims and defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. Have you per failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labo mpliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)'! VO Are any claims or actions unresolved or outstanding? Yes 'D iL91 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. Grigolln & Sons Comt Co. INC. Bidder 5ok' 6r' o e-' (Print name of 6winer or President Of Corpor n /Company) . ec_ %uthorized (8 n ture itle 5 ecr e� V� t Title /�;)_-1 -I� Date On C7 efor m Notary Public, personally appeared U3Ru p Cad i oil t_��-ar I'4o�10, o who proved to me on the basis of satisfactory evi nce to be the personK whose namek)� subscribed to the within instrument and acknowledged ledged to me that Ws/they executed the "se in 1>Wkr1tRft authorized capacity(ies), and that by tWft4r signaturetX) on the instrument the persci4*, or the entity upon behalf of which the persons a t � 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 ttap�Land official seal.. Notary PubliE jp aid for said Slate My Commission Expires: (-,— i— to (SEAL) SEAN PETRONE Commission # 1889105 i °® Notary Public - California z Orange County n My Comm. Expires Jun 8, 2014 20 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2010 -2011 SIDEWALK, CURB & GUTTER RECONSTRUCTION PROJECT CONTRACT NO. 4561 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. a CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 21 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2010 -2011 SIDEWALK, CURB & GUTTER RECONSTRUCTION PROJECT CONTRACT NO. 4561 THIS CONTRACT entered into this day of , 2011, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Grigolla & Sons Construction Co., Inc., a California corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: 2010 -2011 SIDEWALK, CURB & GUTTER RECONSTRUCTION PROJECT The work necessary for the completion of this contract includes, but not limited to, removing sidewalk, curb and gutter, access ramps, staircases, and medians; removing or pruning tree roots; removing trees; constructing PCC sidewalk, curb and gutter, access ramps, staircases, and medians; installing tree root barriers, restoring private improvements impacted by the work, and other incidental items to complete work in place as required by the contract documents. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Notice to Successful Bidders, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 4561, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all `�� activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Four Hundred Sixty -Two Thousand, Three Hundred Seventy and 00/100 Dollars ($462,370.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 et seq.). E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Attention: Peter Tauscher (949) 644- 3316 CONTRACTOR Grigolla & Sons Construction Co., Inc. P.O. Box 949 Azusa, CA 91702 626- 334 -6634 626- 334 -5591 Fax INSURANCE Without limiting Contractor's indemnification of City, and rip or to commencement of work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. 1. Coverage and Limit Requirements. a. Workers' Compensation. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and employer's liability insurance with limits of at least one million dollars ($1,000,000) each type for Contractor's 23 employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the required certificate of insurance, a copy of such waiver of subrogation endorsement. b. General Liability. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) General Aggregate and two million dollars ($2,000,000) Products and Completed Operations Aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. c. Automobile Liability. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. d. Builders Risk. For Contracts with Construction /Builders Risk property exposures, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special form causes of loss with limits equal to one hundred percent (100 %) of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and /or Flood. City shall be included as an insured on such policy, and Contractor shall provide the City with a copy of the policy. 2. Other Insurance Provisions. a. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and an additional insured endorsement for general liability. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current evidence of insurance shall be kept on file with City at all times during the term of this contract. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bond documentation. City reserves the right to require complete, certified copies of all required insurance policies, at any time. f3! b. General liability insurance orovisions. Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: i. City, its elected or appointed officers, agents, officials, employees, and -volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. Contractor shall submit to City a copy of the additional insured endorsement along with the required certificates of insurance. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. c. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. d. Notice of Cancellation. Contractor agrees to oblige its insurance broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage except for builder's risk insurance. The builder's risk policy will contain or be endorsed to contain a provision providing for 30 days written notice to City of cancellation or nonrenewal, except for nonpayment for which ten (10) days notice is required. e. Self- Insured Retentions. Contractor agrees not to self- insure or to use any self - insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to City. If contractor's existing coverage includes a self- insured retention, the self- insured retention must be declared to City. City may review options with the contractor, which may include reduction or elimination of the self- insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. f. Timely Notice of Claims. Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this Contract. 25 g. Waiver. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. h. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. i. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. City's Remedies. City shall have the right to order the Contractor to stop Work under this Contract and /or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. In the alternative, City may purchase the required coverage and charge Contractor the cost of the premiums or deduct the cost from Contractor's payments. k. Coverage not Limited. All insurance coverage and limits provided by contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other Contract relating to the city or its operations limits the application of such insurance coverage. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any services under this or any other contract or Contract with the City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and /or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. G. RESPONSIBILITY FOR DAMAGES OR INJURY 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 26 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. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any work performed or services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. The rights and obligations set forth in this Article shall survive the termination of this Contract. H. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. I. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 27 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: Leilani I. Brown CITY CLERK APPROVED AS TO FORM: .$., rtn 1� C� VJ "s Leonie Mulvihill Assistant City Attorney CITY OF EWPORT PEACH A MuniciA a1 Corporaf • n By: Michael F. Henn Mayor GRIGOLLA & SONS CONSTRUCTION CO., INC. Y. (Corporate f)' r) Title: Print Name:yA" i0 �'P1 �d (c f Print Name: TDAv; r:-> voL PREMIUM IS FOR CONTRACT TERM This bond was executed in three(3) AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE identical counterparts. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2010 -2011 SIDEWALK, CURB & GUTTER RECONSTRUCTION PROJECT CONTRACT NO. 4561 BOND NO. 0535618 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 7, 936.00 being at the rate of $ 25 . oo & $15 . oo thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Grigolla & Sons Construction Co., Inc., hereinafter designated as the "Principal ", a contract for construction of 2010 -2011 SIDEWALK, CURB & GUTTER RECONSTRUCTION PROJECT, Contract No. 4561 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. 4561 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we *the Principal, and International Fidelity Insurance Company duly authorized to transact business under the laws of the State of Califomia as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of Four Hundred Sixty -Two Thousand, Three Hundred Seventy and 001100 Dollars ($462,370.00) 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. *Grigolla & Sons Construction Co., Inc. 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 marner 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 amourt not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 29 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 14th day of December , 20 io . T7 � L✓ / D & 0^ Ir 00 (/G Grigolla & Sons Co ruction Cc., Inc. (Prin International Fidelity Insurance Company Name of Surety 13400 Sabre Springs Parkway, Suite 270 San Diego, CA 92128 Address of Surety (858) 513 -17 Telephone Arturo Ayala, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS of C ONTRAC.TOR AND SUREW MUST BE ATTACHED 30 ACKNOWLEDGMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I State of California County of Orange } SS. On 12/14/10 before me, Susan Pugh Notary Public, personally appeared Arturo Ayala 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Susan Pu n yt L 111iDrnfO (seal) ................................................ ..............................r Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION 12/14/10 Performance Bond Two Type of Satisfactory Evidence: X Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer. Trustee x Power of Attorney CEO /C =O /CCO Presider.i: Vice - President I Secretary I Treasurer Other: Other :nform 31 Thumbprint of Signer Chec4. here if no thurcborint or fingerprint is availab,e. ACKNOWLEDGMENT ................................................ .............................., State of California DD County of LOS Al /7yJL;l ) ss. On / �/J y /n� D before me, � �` �!^ l/ �yLx Notary Public, personally appeared n /( h` who proved to me on the basis of satisfactory evidence to be the person( -whose name(4 is /ace subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /tom authorized capacity(i�. ,, and that by his /kter#tl it signatures(a) on the instrument the person(s), or the entity upon behalf of which the personw acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Si ature v... v .............. ....v.......................... v........ v............... v.., Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION Thumbprint of Signer �'Gr7ri/�A -J ✓LJ�/Yh'Art cc lG?L.� Z -410 Typ"f Satisfactory Evidence: V Personally Known with Paper Identification _ Paper Identification Credible Witness(es) Capacity or Signer: _ Trustee _ Power of Attorney CEO /CFO /COO 7— President / Vice - President /_Secretary I Treasurer Other: Other Information: 32 Check here ii no ihumborinl or fingerprint is available. ST LLA 1t'GOLLA f;\ (pfl.l>!.# 187045+ f� tl)Vd.i^, <�•_ e'� .. LV�1�16�: dil .. - .. ..: ;,u�.•. Ex' i +apt b, ���CR•T }'i•- "i4J.�4•^<rt�i <ti•T r: �T+>q�•e1L (seal) v... v .............. ....v.......................... v........ v............... v.., Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION Thumbprint of Signer �'Gr7ri/�A -J ✓LJ�/Yh'Art cc lG?L.� Z -410 Typ"f Satisfactory Evidence: V Personally Known with Paper Identification _ Paper Identification Credible Witness(es) Capacity or Signer: _ Trustee _ Power of Attorney CEO /CFO /COO 7— President / Vice - President /_Secretary I Treasurer Other: Other Information: 32 Check here ii no ihumborinl or fingerprint is available. PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT This bond was executed in three(3) BASED ON FINA! CONTRACTPITiCE identical counterparts. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2010 -2011 SIDEWALK, CURB & GUTTER RECONSTRUCTION PROJECT CONTRACT NO. 4561 BOND NO. 0535618 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Grigolla & Sons Construction Co., Inc_, hereinafter designated as the "Principal," a contract for construction of 2010 -2011 SIDEWALK, CURB & GUTTER RECONSTRUCTION PROJECT, Contract No. 4561 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 4561 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, International Fidelity Insurance Company duly authorized to transact business under the laws of The State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of Four Hundred Sixty -Two Thousand, Three Hundred Seventy and 001100 Dollars ($462,370.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the Provisions of Section 3250 of the Civil Code of the State of Califomia. 33 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed -that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the lath day of December . 2010 . PoaL'i 0 G�7/ ( gn.( II Grigolla & Sons Cotistruction Co., Inc. (Pri International Fidelity Insurance Company Name of Surety 13400 Sabre Springs Parkway, Suite 270 San Diego, CA 92128 Address of Surety (858) 513 -1795 Telephone Arturo Ayala, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACT ®R AND SURETY MUST BE ATTACHED 34 ACKNOWLEDGMENT ................................................ ............................... State of California County of Orange )Ss. On 12/14/10 before me, Susan Pugh Notary Public, personally appeared Arturo Ayala ,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 hislher)their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Susan Pugh No",ary rutar._ - _C,Lfornla x (seal) ................................................ ............................... Date of Document Type or Title of Document Number or Pages in Document Document in a Foreign Language OPTIONAL INFORMATION 12/14/10 Thumbprint of Signer Labor & Materials Payment Bond Two Type of Satisfactory Evidence: x Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee X Power of Attorney CEOICFO /COO President r Vice - President I Secretary_ / Treasurer Other: Other I 35 check here if no rhumbpri-il or fmgerprini is available. ACKNOWLEDGMENT .............................................. ............................... v, State of California County of L-o ) ss. On l "P // `l /�"/ o before me, r- ((/7 �s Notary Public, personally appeared 2 7 who proved to me on the basis of satisfactory evidence to be the person(s) whose namRS) is /afe subscribed to the within instrument and acknowledged to me that he /may executed the same in his /he €/t#feir authorized capacity(itt), and that by his /lair signatures(Z-) on the instrument the person(), or the entity upon behalf of which the person(y) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. A& Signat e ................................................ ............................... Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION /2� /� -Z- /j /) Typ�jOf Satisfactory Evidence: t/ Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO /CFO /COO —T President I Vice - President I Secretary I Treasurer Other: Other Information: 0 Thumbprint of Signer Check here if no thumbprint or fingerprint is available. 71 !�fn I A 1 ,ht A v (seal) ................................................ ............................... Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION /2� /� -Z- /j /) Typ�jOf Satisfactory Evidence: t/ Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO /CFO /COO —T President I Vice - President I Secretary I Treasurer Other: Other Information: 0 Thumbprint of Signer Check here if no thumbprint or fingerprint is available. Tel(973)624 -7200 ®WEIR OF ATT®INE Bond No. 0535613 INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER. 20TH FLOOR NEWARK, NEW JERSEY 07102 -5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a empmation organized and existing laws of die State of New .feisty, and having its principal office in the City of Newark, New.lersey, does hereby constitute and appoint DWIGHT REILLY_ RALPH EIDEhl. 1R., ARTURO AYALA, DANIEL HUCKABAY Orange- CA. its true and lawful attornev(s) -in -fact to execute, seal and deliver for and on its behalf as surety: an }• and all bonds and underakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, stature, rule, regulation, contract or otherwise, and the execution of such msuumends) in . pursuance of these presents, shall be as binding upon l e said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all Intents and purposes, as If die same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power o]' Auorne >' is executed, and may be revoked, pursuant to and he authrrily of Article 3- Section 3, of the B}y -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY WSIIRANCE COMPANY at ii meeting called and held on the 7th day of !'ebmarv, 1.974. The Presidem or any Vice President, Executive Vice President, Secretary or Assistant Secretary. shall have power r and authority ( I) To appoint Aturmeys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, hands and undertakings. contracts of indemnity and other writings obligatoy in the nature thereof and, 12) To remove, at any time, any such attorney- in -lact and revoke the authority given. Further, this Power of Attorney is signed and sealed b�* facsimile pursuant to resolution of die Board of Directors of said Company' adopted at a meeting duly called and held on the 291h ay of .April, 1932 of w ich tire following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company, st may be affixed to any such powe' of attorney or any certificate relating thereto by facsimile. and any such power of attorney or certificate hearing such facsimile enatures or facsimile sea] shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TEsrimoNY WHEREOF. INTERNATIONAL FIDELITY INSURANCE COMPANI' has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer. this 16th day of October, A.D. 2007. SEdL ``• m 1904 STATE OF NEW JERSEY r� County of Essex INTERNA•fIONAL FIDELITY INSURANCE COMPANY 01 On this 16th day of October 2007, before me came. the individual who executed the pmcedingg instrument, to me personal]}- known, and, being by not duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Sea] of said Company; that the skid Corporate Seal and hi;. signature were duly affixed by order of the Board of Directors of said Company. Ny V,g20'"., IN TESTIMONY WHEREOF, 1 have hereunto set my hand affixed my Official Seal, `.`4p •Tq • (� at the Cir- of Newark. New Jersey the day and year Just above written. ?O k. Ts 's y, r N ........ A A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Match. 27. 2014 1- the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power ol'Anorney and affidavit, and the copy of the Section of die By -Laws of said Company as set forth in said Power of Attorney. with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Prover of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF. I have hereunto set my hand this 14th day of December, 2010. Assistant Secretary -------- - .. • -'- . c — t GRIG&SO -C7 PATRA5 CERTIFICATE OF LIABILITY INSURANCE DATE (LLM/ 1211412010 2010Y) PRODUCER License 9 0008309 (626) 799 -7000 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Bolton 8 Company P.O. Box 6030 Pasadena, CA 91102-6030 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. - --- — POLICY EXPIRATION DATE (MMIDDIYYYYI INSURERS AFFORDING COVERAGE NAIC p INSURED INSURERA, Peerless Insurance Company 24198 Gdgolla & Sons Construction INSURER a: Golden Eagle Insurance Corp. 0836 Co., Inc. P.O. Box 949 -. —. ._... - INSURER cl Point Solutions, LLC --' INSURER D: CBP8440259 Azusa, CA 91702 -0949 INSURER E: PREAeSES ao mme S 500,000 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSft LTA OD' NSR TYPSOFJNSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDDIYYYY POLICY EXPIRATION DATE (MMIDDIYYYYI LIMITS GENERAL LIABILITY EACNOCCURRENCE 3 1,000,060 A X X COMAIERCIAIGENERALLIABILITY CLAIMS MAOE MOCCUR CBP8440259 5119/2010 511912011 PREAeSES ao mme S 500,000 MED EXP(PAY One Mson) S 10,000 PERSONAL It ADV INJURY S 1,000,000 GENERAL AGGREGATE 3 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMPIOPAGG S 2,000.006 POLICY X jacT LOC A AUTOMOBILE LIABILITY ANY AUTO BA8276879 511912010 srO nolt COMBINED SINGLE LIAIT (En INXI&N, S 1,000,000 BODILY INJURY IN, person) S ALL OWNED AUTOS SCHEDULED AUTOS X X HIRED AUTOS NON-OWNEDAUTOS BODILY INJURY Wer °oc .I) $ PROPERTY DAMAGE IPOraoc IMI) S GARAGE LIABILITY AUTOONIY- EAACCIDENT S OTHER THAN EA ACC $ ANY AUTO S AUTO ONLY: AGO EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $ 1,000,000 B X OCCUR F-I CIAIMSMADE CU8778542 5/19/2010 511912011 AGGREGATE S aggregate 3 1,000,000 DEDUCTIBLE products agg S 1,000,000 X RETENTION S 10.000 $ C WORKERS COMPENSATION ANOENPLOYERS'LIABILRY ANY PAOPRIETORRARTNERIEXECUTNE Y❑ OFFICERIMEMBER EXCLUDED? (MaA4atory In Nil) 68314200101 101112010 10/112011 X WC STATU- OTH- TORY LIMITS ER E.L. EACH ACOIDENI 3 1,000,000 E.L. DISEASE -EA EMPLOYE S 1.000.000 B r' aesutee Unoa SP EGIALPRONSIONS.ECaw E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXC LUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Job: Contract #4561, 2010 -2011 Sidewalk, Curb & Gutter, Recenslruction Project, Newport Beach, CA 92658. City of Newport Beach, Its elected or appointed officers, agents, officials, employees, and volunteers are named GL Blanket Additional Insured per CG2010 07104 and CG2037 0704 attached, only if required by written conuactlagreement. GL Primary Wording applies per 22- 111(01/07) attached. WC Waiver of Subrogatlon applies - Endorsement to follow. 'Except 10 days notice for cancellation for non - payment of premium. @ City of Newport Beach Public Works Dept. P.O. Box 1768 3300 Newport Blvd. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRAT OI DATE THEREOF, THE ISSUING INSURER WILKXITSXTO MAIL 30 DAYS WRITTEN NOTICETOTHECERTIFICATE HOLDER NAMED TO THE LEFT, KXXLOX11SMi6XJ> 4"ALL lix ACORD 25 (2009101) 01988 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1111,ratta rtvc ran iu. uvi wu mw rrr ragc GRIG &SO -C1 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must he endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endomement(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). IlI6YdR \fi`il�d 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. ACORD 25 J VS U PATRA5 r1(All:P8.tr,a rive raX11J:DUlcon arlo U011lpany Ua.tC:l'L /14 /Lulu 1'L:4L:uu PM rage: 4 Of U POLICY NUMBER: CBP8440259 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Locations Of Covered Operations City of Newport Beach, its elected or appointed officers. agents. Job: Contract kA561. 2010 -2011 Sidenalk. Curb 8 Gutter. officials. employees. and volunteers. Reconstruction Project. Newport Beach. CA 92659, Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after, 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 . ❑ rYOm:Pa Lr,a rive raxiu:o0xE0l1 a110 t:ullltlally L/aLe:1L /14 /4U1U 1G:YL:uu PM page: n 01 tj POLICY NUMBER: CBP8440259 COMMERCIAL GENERAL LIABILITY CG 20 77 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Location And Description Of Completed Operations City of Newport Beach. its elected or appointed officers. Job: Contract #4561. 2010 -2011 Sidewalk. Curb 8 Gutter. agents. officials. employees. and volunteers. Reconstruction Project. Newport Beach. CA 92659. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional Insured and included in the "products -completed operations hazard ". CG 20 37 07 04 O ISO Properties, Inc., 2004 Page 1 of 1 ❑ rLun1:vLtLra r1VC raAiu:OV16Vd1 auU �VmjJally ua bc: lci lYr c.vly 11.1a.vv �vt ra6u .. o v1 0 THIS ENDORSEMENTC HANG ES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENTOP OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to provision a. Primary Insurance of paragraph a. Ocher Insurance under SECTION IV- CO<`1iMERCIAL GENERAL LIABILITY CONDITIONS:. However, when an additional insured has been added to this Coverage Part by attachment of an endorsement, we will not seek contribution from the "additional insured's own insurance' provided that: (1) You and the additional insured have agreed in a written contract that this insurance is primary and non- contributory; and (2) The "bodily injury" or "property damage' occurs, or the "personal and advertising injury" is committed, subsequent to the execution of such contract. B. For the purposes of this endorsement the following is added to S ECT10N V - DEFINITIONS: "Additional insured's own insurance" means other insurance for which the additional insured is designated as a Named Insured. Includes copyrighted material of Insurance Service.+ Office, Inc., with its permission. 22 -111 (01107) Page 1 of 1 ACQRD„ CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDNYYY) IODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMA I O L A CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS AU Insurance Services CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE 10825 Old Mill Rd AFFORDED BY THE POLICIES BELOW. Omaha, NE 68154 -0646 (877)234-4420 INSURERS AFFORDING COVERAGE( NAIC # JSURED Grig011a E Song Const. Co., Inc. INSURER B: dba Grigolla E Sons Const. Co., Inc. INSURER C' PO Box 949 Azusa, CA 91702 -0949 INSURER D: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR =1 3300 Newport Boulevard POLICY EFFECTIVE EXPIRATION Box 17 6 8 LTR NSfl TYPE OF INSURANCE POLICY NUMBER (POLICY DATE f.OADDNY DATE MINDDNY LIMITS GENERAL LIABILITY EACH OCCURRENCE S DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence S CLAIMS MADE ❑OCCUR MED EXP (Any one person) is PERSONAL A ADV INJURY I s GENERAL AGGREGATE Is GENT .AGGREGATE LIMIT APPLIES PER PRODUCTS - COM.PIOP AGO 13 POUCYF_J JECPRO T I LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea acdtlem) 5 BODILY INJURY ALL OWNED AUTOS SCHEDULED AUTOS (Per person) S 9001LY ?1JUFY HIRED AUTOS NON -OWNED AUTOS (Per acai esl is PROPERTY DAMAGE (Per accieenl) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EH ACC I S ANY AUTO I S AUTO ONLY: AGG EXCESSNMBRELLA LIABILITY EACH OCCURRENCE S OCCUR CLAIMS MADE AGGREGATE S S S DEDUCTIBLE $ RETENTION S WORKERS COMPENSATION AND EMPLOYERS'LIABILITY WC STATU OTH- X TORY LIMITS ER E.L. EACH ACCIDENT g 1,000,000 ANY PROPMETOPJPARTNERVEXECUTIVE 46- 831420 -01 -01 10/01/10 10/01/11 OFFICER[WEMBER EXCLUDED? N yes, O antler SPECIAL AL PROVISIONS below_ -c.L DISEASE - EA EMPLOYEE g 1 , 0 0 0 , 0 0 0 E.L. DISEASE - POLICY LIMIT I g 1, 0 0 0, 0 0 0 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS RE: Contract #4561 - 2010 -2011 Sidewalk, Curb a Rescoaetruction Project, 3300 Newport Blvd, Newport Beach, CA 92443 -- Waiver of Subrogation in favor of The Cit of Newport Beach relative to work performed under contract. •10 day notiy ce of cancellation for non - payment of premium CERTIFICATE HOLDER CANCELLATION ACORD 25 (2001/08) © ACORD CORPORATION 1988 wa cc Z A N N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Newport Beach EXPIRATION DATE THEREOF, THE ISSUING INSURER WILLEM&5606N`ald MAIL in 3300 Newport Boulevard DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EnPOS9SBFa5 bkBhBF�l511d({ P.O. Box 17 6 8 SURBRpmCt� Newport Beach, CA 92658 -8915 AUTHORIZED REPRESE E Attn: Shari Rooks �� -" OD78336 ACORD 25 (2001/08) © ACORD CORPORATION 1988 wa cc Z A N N WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 01 03 03 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We havo the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named In the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. (m) Specific Waiver .. Name of oerson or organization: iCity of Newport Beach Public Works Dept. _ P.O. Box 1768 Newport Beach, CA. 92658 O Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: Contract #4561, 2010 -2011 Sidewalk, Curb 6 Gutter, Reconstruction Project, Newport Beach,.CA. 92658, S. Premium 150 The premium charge for this endorsement shall be of the premium developed on payroll in connection with work performed for the above person(s) or otganization(s) arising out of the operations described. 4. Minimum Premium 5. Advance Premium This endorsement dtenges the paVcy a Mloh It Is attached and is e@edNe m the dale Issued unless omenvlse steed. Endorsement 6teath�e._10 /01/10 pal'c'ao 46- 831420 -01 -01 6rdosement NO. 15 Insarad . premium $ Grigolla 6 Sons Construction Co., Inc 150.00 Insurance Company Ca]3Eornia Insurance Company Counme fined by_e��� _ - . CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: Dept./Contact Received From: Date Completed: Sent to: By: Company /Person required to have certificate: GRIGOLLA & SONS CONSTRUCTION GENERAL LIABILITY A. INSURANCE COMPANY: Peerless Insurance Company B. AM BEST RATING (A-: VII or greater): A; XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? I M / NO E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence' wording? ❑ Yes ® No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. Strikelhrough endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Golden Eagle Insurance Co B. AM BEST RATING (A-: VII or greater) A; XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No F. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. Strikelhrough wording III. WORKERS` COMPENSATION A. INSURANCE COMPANY: California Insurance Company B. AM BEST RATING (A- : VII or greater): A: VIII C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? Yes ® No HAVE ALL ABOVE REQUIREMENTS BEEN MET? V *es ® No IF NO, WHICH ITEMS NEED TO BE COMPLETED? WC Waiver Ofsubroeration endorsement to follow Der certificate. (1 _ Approved: Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach ----------------------------------------------------------------------------------------------------------------------------------------- ❑ Requires approval /exception /waiver by Risk Management B &B initials Comments: Approved: Risk Management Date CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL 2010 -2011 SIDEWALK, CURB & GUTTER RECONSTRUCTION PROJECT CONTRACT NO. 4561 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 4561 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 2, Lump Sum Mobilization i @ le., Dollars and 00 Cents $ Per Lump Sum Lump Sum Traffic Contrroll1 ' @ Dollars and (jc Cents $ ®� Per Lump Sum 30 Each Replace Existing Pull Box and Cover @ Dollars and °= o Cents $ 1b, $ too. Per Each PR2of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 51 5. n. 7. 11,000 S.F. Remove and Construct 4 -Inch Thick P.C.C. Sidewalk @ Dollars and $ 5 �n $ Per S are Foot 4,900 L.F. Remove and Construct Type "A" P.C.C. Curb and Gutter @ Tt 1 —Dollars and b� Cents $ ,� $ Per Linear Foot 5,340 S.F. Remove and Construct Residential P.C.C. Driveway Approach @ S1x Dollars o C-2 and ISO Cents $ $ 3D, q0. Per Square Foot 340 S.F. Remove and Construct Commercial P.C.C. Driveway Approach @ 5 k Dollars and a� T,A, ��U� Cents $ Per Squ e Foot 1,000 S.F. Remove and Construct 8 -inch Thick P.C.C. Cross Gutter @ 5ev-e-^ Dollars and 60 9tC? F� Cents $ $ 7� ��- Per SquaWe Foot PR3of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 9. 270 Each Prune Tree Roots @ 0t0L-,11X Dollars and ono Cents $ a Per Each 10. 150 Each Install Tree Root (BBaarr(riie r @ d NdC " '� Dbflars n �� and ✓ 00 Cents $ 130. $, Per Each 11. 10 Each Tree Removal @� I Q1^� Dollars and °PO 00 Cents $ $ Per Each 12. Lump Sum Contract ISA Certified Arborist @� Dollars and my NO Cents $ 3 �• Per Lump Sum 13. 25 Each Remove and Construct P.C.C. Curb Access '1 Ramp ,�� @ E igVK� �— ' — Dollars and O Cents Per Each PR4of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT AND UNIT PRICE WRITTEN IN WORDS PRICE TOTAL PRICE 14. 10 Each Install Raised Truncated Domes at Existing Access Ramer @� e. _fku5 Dollars and MC7 Cents $ $ Per Each 15. 2,500 S.F. Remove and Construct Stamped Integrally - Colored Median Concrete Dollars and mo 0(:.7 © Cents $ I $ 3p1100b, Per Square Foot 16. 2,300 S.F. Remove and Construct Median Concrete @ X Dollars and CX� Cents $ $ �� ��• Per Square Foot 17. Lump Sum Remove and Construct Concrete Staircase - San Miguel Park @ 5¢.« 1y "Dollars and m°=7 (�i O Cents $• Per Lump Sum PR5of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 18. Lump Sum Remove and Construct Concrete Staircase - China Cove �((� @ �&Gkt I � Dollars and , 00 Cents $ ��� Per Lump Sum 19. 14 Each Balboa Island - Remove and Construct P.C.C. Curb Access Ra 1� � Dollars and ISO Cents $ ���• $ Per Each 20. 2 Each Balboa Island - Install Raised Truncated Domes at Existing Access Ramp Dollars and O Cents $ pO' $ (�t? Per Each 21. 100 S.F. Balboa Island - Remove and Construct 4 -Inch Thick P.C.C. Sidewalk @ �ji X Dollars and y� Cents $ cye> $ Gay Per Square Foot 22. 180 S.F. Balboa Island - Remove and Construct P.C.C. Alley Approach @ Dollars and KIQ _Cents $ ot�? %, Per Square Foot -:.. . ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 23. 2 EA. Balboa Island - Remove & Replace with New Water Meter Box & Cover @ e� Dollars and �D Cents $fl• $ Per Each 24. 4 EA. Balboa Island - Remove & Replace with New Valve Box and Cover @ Dollars and NO Cents $ ?D $ Dss? , Per Each TOTAL PRICE IN WRITTEN WORDS Dollars r, and �CJ Cents $ yCDD570✓ Total Price (Figures) GrigoGa & Sam-Comm. Co. INC. Date Bidder ioaC�- 334 -f�3`f n��e�6a�- 33y- �59/��k ��, Bidder's Telephone and Fax Numbers B dder's Autho z d Si nature and Title The selection of lowest responsible bidder shall be based on the Total Base Bid amount above. The bid amount entered for the additive bid item below is for the sole purpose of City information. The City may, during construction, elect to construct one, all, or none of these additive bid items through Change Order(s). ADDITIVE BID ITEM Al. Lump Sum Remove and Construct Staircase Handrails �rl �OL'D jlaa and �� e7 Cents $ 1 3 f VGV. Per Sump Sum 5 -1 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS 2010 -2011 SIDEWALK, CURB & GUTTER RECONSTRUCTION 5 -2 CONTRACT NO. 4561 5 -7 INTRODUCTION 5 -8 PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2.9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3.3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4.1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -1 LOCATION 5 -2 PROTECTION 5 -7 ADJUSTMENTS TO GRADE 5 -8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 1 1 1 1 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 6 -2 PROSECUTION OF WORK 4 6 -7 TIME OF COMPLETION 4 6 -7.1 General 4 6 -7.2 Working Days 5 6 -7.4 Working Hours 5 6 -9 LIQUIDATED DAMAGES 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -7 COOPERATION AND COLLATERAL WORK 5 7 -8 PROJECT SITE MAINTENANCE 6 7 -8.5 Temporary Light, Power and Water 6 7 -8.5.1 Steel Plates 6 7 -8.6 Water Pollution Control 6 7 -8.6.1 Best Management Practices and Monitoring Program 6 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 7 -10.1 Traffic and Access 7 7 -10.2 Storage of Equipment and Materials in Public Streets 7 7 -10.3 Street Closures, Detours, Barricades 7 7 -10.4 Public Safety 8 7- 10.4.1 Safety Orders 8 7 -10.5 "No Parking" Signs 8 7 -10.7 Notice to Residents and Temp Parking Permits 9 7 -15 CONTRACTOR LICENSES 9 SECTION 9 MEASUREMENT AND PAYMENT 9 9 -3 PAYMENT 9 9 -3.1 General 9 9 -3.2 Partial and Final Payment 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 16 201 -2.2.1 Reinforcing Steel 16 206 -5 METAL RAILINGS 16 206 -5.1 Metal Railings Materials 16 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 16 300 -1 CLEARING AND GRUBBING 16 300 -1.3 Removal and Disposal of Materials 16 300 -1.3.1 General 16 300 -1.3.2 Requirements 16 300 -1.5 Solid Waste Diversion 17 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 17 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 17 303 -5.1 Requirements 17 303 -5.1.1 General 17 303 -5.5 Finishing 18 303 -5.5.1 General 18 303 -5.5.2 Curb 18 303 -5.5.4 Gutter 18 SECTION 304 METAL FABRICATION AND CONSTRUCTION 18 304 -2 METAL HAND RAILINGS 18 304 -2.1.2 Fabrication 18 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 18 308 -1 GENERAL 18 SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 20 400 -2 UNTREATED BASE MATERIALS 20 400 -2.1 General 20 400 -2.1.1 Requirements 20 SCHEDULE OF WORK SAN MIGUEL PARK STAIRCASE CHINA COVE STAIRCASE :ITY OF NEWPORT BEACH BLIC WORKS DEPARTMENT SPECIAL PROVISIONS SP 1 OF 20 2010 -2011 SIDEWALK, CURB & GUTTER RECONSTRUCTION CONTRACT NO. 4561 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Work Schedule; (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works 'Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract includes, but not limited to, removing sidewalk, curb and gutter, access ramps, staircases, and medians; removing or pruning tree roots; removing trees; constructing PCC sidewalk, curb and gutter, access ramps, staircases, and medians; installing tree root barriers, restoring private improvements impacted by the work, and other incidental items to complete work in place as required by the contract documents." 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The Contractor shall notify the City in writing two working days in advance of the time that the project makings or delineations are needed. All existing street and property corner monuments are to be preserved. The Contractor will be back - charged for the cost of restoring any survey ties and /or monuments damaged by the Contractor, including the cost of filing the required corner records or record of surveys with the County of Orange." SP2OF20 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. SECTION 3--- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 15 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, one percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4--- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in 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. SP 3 OF 20 The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor." SECTION 5 - -- UTILITIES 5 -1 LOCATION. Add the following after the 3rd paragraph: "Within one week upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." 5 -2 PROTECTION. Add the following: "In the event that a pull or meter box or cover that is not scheduled for replacement is damaged by the Work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover and size at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust or replace to finish grade City -owned water meter boxes, water valve boxes, regulator vaults, valve vaults, and survey monuments. The Contractor will be required to contact Southern California Edison, The Gas Company, AT &T Telephone, cable television, and other utility facilities to have existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing sewer /storm drain manhole (including grade rings), meter or valve box covers. The Contractor shall salvage all removed cast iron pipes. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operations Manager, at(949)718 -3402. SECTION 6--- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed.' No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to the preconstruction meeting. Schedule may be bar chart or CPM style. SP4OF20 The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -2 PROSECUTION OF WORK. Add to this section: "Before pruning tree roots listed on the Work Schedule as 'Contract Arborist to Inspect', the Contractor's ISA Certified Arborist shall provide written documentation indicating tree root pruning can be performed without future tree damage. For trees requiring arborist inspection, the concrete work around the trees may be modified or eliminated from the contract. If the arborist cannot provide an explicit recommendation or requests tree removal, the Contractor shall obtain written approval from the Engineer to perform root pruning or tree removal work. The City's review time may take up to ten working days. Upon review, the Engineer will provide instructions to the Contractor regarding each tree's disposition. Trees slated for removal will be paid at the contract bid price. Working days will not be added to contract time for the City's review." 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 85 consecutive working days after the date on the Notice to Proceed. In addition, the Contractor shall complete all work in each work zone within the allotted time shown below. WORK ZONE ALLOTED TIME Eastbluff Tract — "A" Streets 15 Working days Eastbluff Tract — "B" Streets 15 Working days Eastbluff Tract — "C" Streets 25 Working days All Other Areas 30 Working days Work shall be completed to the satisfaction of the Engineer within each work zone prior to proceeding to the next scheduled work zone. The Contractor shall be responsible for obtaining a written "Notice -to- Proceed" from the Engineer prior to starting work at each work zone. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work. SP5OF20 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1st (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24ththrough January 1st. If July 4th or November 119 on a Sunday, the following Monday is a holiday. If July 4th or November 11th falls on a Saturday, the Friday before is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:30 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $123.90 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, or the work in a designated area, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00." Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the City and Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "If needed City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. SP6OF20 A four -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Department. The City must approve any nighttime work in advance." 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." Water used during construction shall be paid for by the Contractor." 7 -8.5.1 Steel Plates. Add this section: "Steel plates utilized for utility trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways or locations as requested by the Engineer, 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 www .newportbeachca.gov /publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. 61il0l91180] 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. Where applicable, pedestrian access to all storefronts, offices, residences, and the like, 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 properties 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 properties. Such measures shall be shown on the detailed Traffic Control Plans (see Section 7- 10.3)." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre- construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plan(s). The Contractor shall be responsible for processing and obtaining approval of a traffic control plan from the City Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a California licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed Traffic Engineer. Traffic control and detour plans shall meet the following requirements: SP8OF20 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- 3466 and all affected property owners." 5. Type II barricades shall be located at the beginning and end of each individual closed pedestrian access area from time of removal until final cure of the sidewalk. 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty-eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs, which are 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. SP9OF20 7 -10.7 Notices to Residents and Businesses. The Contractor shall deliver a construction notice to residents and businesses within 500 feet of the project, ten working days prior to starting work, describing the project and indicating the limits of construction. The City will provide the Notice. Forty -eight hours prior to the start of construction, the Contractor shall distribute to the residents and businesses a second written City Notice clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared and provided by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess an "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. At the time of the award and until completion of work, the Contractor shall retain an ISA Certified Arborist to assess all tree locations noted on WORK SCHEDULE. At the start of work and until completion of work, the Arborist shall possess a Business License issued by the City of Newport Beach. SECTION 9--- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the Proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include, but not limited to, providing bonds, insurance, submittals, and financing; establishing a field office; preparing the SWPPP or BMP Plan, and construction schedule; attending meetings; surveying services; and keeping records of existing conditions prior to starting work for the Contractor's protection; and all other related work as required by the Contract Documents. SP 10 OF 20 Item No. 2 Traffic Control: Work under this item shall include, but not limited to, all labor and materials relating to delivering all required notifications, posting signs and all costs incurred notifying residents and businesses. In addition, this item includes 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, temporary striping, flag persons, and changeable message boards. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, latest edition, and City of Newport Beach Requirements. Item No. 3 Replace Existing Pull Box and Cover: Work under this item shall include, but not limited to, all labor and materials relating to removing and disposing of the existing pull box; procuring and installing new traffic grade pull box and cover per CNB STD -204 -L or 205 -L; reconnecting existing wirings; restoring adjacent areas; and completing all other items as required to restore system operations that were damaged by the work. Location of pull box and cover removals and construction shall be directed by the Engineer during construction. Omission of this payment item in its entirety shall not result in any compensation. Item No. 4 Remove and Construct Minimum 4 -Inch Thick P.C.C. Sidewalk: Work under this item shall include, but not limited to, all labor and materials relating to removing and disposing of the existing sidewalk, compacting subgrade, constructing 4- inch thick minimum P.C.C. sidewalk per CNB STD - 180 -L, installing temporary AC sidewalk, adjusting sidewalk to grade to match adjacent improvements, making in -kind repairs to private improvements impacted by the work such as irrigation systems, bricks, pavers, plants, shrubs decorative stones, walls, walks, fences, mailboxes, sod, and other private improvements to preconstruction conditions, and all other work items as required to complete the work in place. Location of sidewalk removals and construction shall be directed by the Engineer during construction. Contractor shall complete all private improvement repairs within five (5) calendar days of City notification. Item No. 5 Remove and Construct Type "A" P.C.C. Curb and Gutter: Work under this item shall include, but not limited to, all labor and materials relating to removing and disposing of the existing curb and gutter, compacting subgrade, reconstructing curb openings of existing curb drains, constructing Type "A" P.C.C. curb and gutter per CNB STD - 182 -L, A.C. patch back, curb painting, re- chiseling of curb face for existing underground utilities, restoring all existing public and private improvements damaged by the work, making in -kind repairs to private improvements impacted by the work such as irrigation systems, bricks, pavers, plants, shrubs decorative stones, walls, walks, fences, mailboxes, sod, and other private improvements to preconstruction conditions, and all other work items as required to complete the work in place. Location of curb and gutter removals and construction shall be directed by the Engineer during construction. Contractor shall complete all private improvement repairs within five (5) calendar days of City notification. SP 11 OF 20 Item No. 6 Remove and Construct Residential P.C.C. Driveway Approach: Work under this item shall include, but not limited to, all labor and materials relating to sawcutting, removing, and disposing existing improvements associated with curb and gutter removals, and constructing P.C.C. driveway approach per CNB STD - 164 -L, A.C. patch back, steel plating, restoring all public and private improvements impacted by the work; such as irrigation systems, bricks, pavers, plants, shrubs decorative stones, walls, walks, fences, mailboxes, sod, and other private improvements to preconstruction conditions, and all other work items as required to complete the work in place. Contractor shall complete all private improvement repairs within five (5) calendar days of City notification. Location of driveway removals and construction shall be directed by the Engineer during construction. Item No. 7 Remove and Construct Commercial P.C.C. Driveway Approach: Work under this item shall include, but not limited to, all labor and materials relating to sawcutting, removing existing improvements and constructing P.C.C. driveway approach per CNB STD - 161 -L, A.C. patch back, steel plating as needed to provide access during non - working hours, restoring all public and private improvements impacted by the work; such as irrigation systems, bricks, pavers, plants, shrubs decorative stones, walls, walks, fences, sod, other private improvements to preconstruction conditions and all other work items as required to complete the work in place. Contractor shall complete all improvement repairs within five (5) calendar days of City notification. Location of driveway removals and construction shall be directed by the Engineer during construction. Item No. 8 Remove and Construct 8 -Inch Thick P.C.C. Cross Gutter: Work under this item shall include, but not limited to, all labor and materials relating to sawcutting, removing and disposing damaged portion of existing cross gutter and spandrels, compacting subgrade, placing base material, compacting base, installing dowels, constructing 8 -inch thick P.C.C. cross gutter per CNB STD - 185 -L, A.C. patchback, adjusting City utility facilities such as street lighting, sewer, water, etc. boxes and covers to grade, and all other work items as required to complete the work in place. Location of cross gutter removals and construction shall be directed by the Engineer during construction. Omission of this payment item in its entirety shall not result in any compensation. Item No. 9 Prune Tree Roots: Work under this item shall include, but not limited to, all labor and materials relating to root pruning and disposing per Section 308- 1, removing and disposing of excess soil, reviewing trees identified on the Work Schedule by ISA Certified Arborist, and all other work required to complete the work in place. All utilities or other improvements damaged by the work, including, but not limited to, street light conduit and wires and private irrigation lines shall be immediately repaired at the expense of the Contractor and no additional compensation shall be made. Item No. 10 Install Tree Root Barrier: Work under this item shall include, but not limited to, all labor and materials relating to providing and installing new tree root SP 12 OF 20 barriers per Section 308 -1, removing and disposing of excess soil, following the direction of the ISA Certified Arborist for trees identified on the Work Schedule, 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. This item may be removed or reduced in the contract at the City's discretion and no compensation shall be made for bid items removed or reduction. Item No. 11 Tree Removal: Work under this item shall include, but not limited to, all labor and materials relating to removing and disposing of trees, roots, and soil; adjusting surface grade to match adjacent improvements; making repairs to private improvements impacted by the work such as irrigation systems, bricks, pavers, plants, shrubs decorative stones, walls, walks, fences, mailboxes, sod, and other private improvements to preconstruction conditions; restoring the ground surface and all other work items as required to complete the work in place. Trees which have not been preselected by the City for removal may take up to ten working days to process and formally approve for removal per Section 308 -1. 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. Omission of this payment item in its entirety shall not result in any compensation. Item No. 12 Contract ISA Certified Arborist: Work under this item shall include, but not limited to, retaining an ISA Certified Arborist for the purpose of assessing tree condition for locations indentified on the WORK SCHEDULE as "Contract Arborist to Inspect." The Contractor's arborist shall provide written documentation on the condition of each tree and providing pruning recommendations to the Contractor. Following the arborist's report, concrete work around the trees may be modified or eliminated from the contract by the Engineer. Trees which have not been preselected by the City for removal and have been recommended by the arborist may require up to ten working days to process and formally approve for removal, per Section 308 -1. 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. 13 Remove and Construct P.C.C. Curb Access Ramp: Work under this item shall include, but not limited to, sawcutting, all labor and materials relating to removing, disposing existing improvements, importing and compacting subgrade, and constructing P.C.C. Curb Access Ramp including minimum twelve square feet of raised truncated domes per CNB STD - 181 -L, retaining curbs, AC patch back, curb painting, grooving, and all other work items as required to complete the work in place. Raised truncated domes shall be dark grey colored and shall be "Terra Paving" as manufactured by Wausau Tile, Inc (715) 359 -3121 of Wisconsin. The Contractor shall have inspected the locations where new access ramps are to be installed and the unit price bid shall apply to all City standard curb access ramp cases required. SP 13 OF 20 Item No. 14 Install Raised Truncated Domes at Existing Access Ramp: Work under this item shall include, but not limited to, all labor and materials relating to sawcutting, removing and disposing of conflicting portions of concrete access ramp, constructing concrete base, installing minimum twelve square feet of raised truncated domes per CNB STD - 181 -L, and all other work items as required to complete the work in place. Raised truncated domes shall be dark grey colored and shall be 'Terra Paving" as manufactured by Wausau Tile, Inc (715) 359 -3121 of Wisconsin. Omission of this payment item in its entirety shall not result in any compensation. Item No. 15 Remove and Construct Stamped Integrally - Colored Median Concrete: Work under this item shall include, but not limited to, all labor and materials relating to removing and disposing of the existing stamped colored median concrete, compacting subgrade, constructing 4 -inch thick stamped, integrally - colored median concrete to match existing median concrete in color and pattern, restoring all existing improvements damaged by related work, and all other work items as required to complete the work in place. Item No. 16 Remove and Construct Median Concrete: Work under this item shall include, but not limited to, all labor and materials, all labor and materials relating to removing and disposing of the existing median concrete, subgrade compaction, constructing 4 -inch thick median concrete per CNB STD -180 -L to match existing median concrete in color, restoring all existing improvements damaged by related work and all other work items as required to complete the work in place. Item No. 17 Remove and Construct Concrete Staircase San Miguel Park: Work under this item shall include, but not limited to, all labor and materials related to removing and disposing of the existing concrete and railroad -tie staircase layout and concrete foundation; preparing and compacting existing grade for new staircase; fabricating, delivering, and installing the reinforcing steel; placing and finishing concrete per plan and specifications (San Miguel Park Staircase Typical Section), including any required formwork or falsework; restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Existing handrails shall be inspected by Engineer and may be reinstalled depending on their condition. Item No. 18 Remove and Construct Concrete Staircase China Cove: Work under this item shall include, but not limited to, all labor and materials related to removing and disposing of the existing concrete staircase layout and concrete foundation; grading sand for new staircase; fabricating, delivering, and installing the reinforcing steel; placing and finishing concrete per plan and specifications (China Cove Staircase Typical Section), including any required formwork or falsework; restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Existing handrails shall be inspected by Engineer and shall be reinstalled. Omission of this payment item will not result in renegotiation in unit price. SP 14 OF 20 Item No. 19 Balboa Island - Remove and Construct P.C.C. Curb Access Ramp: Work under this item shall include, but not limited to, all labor and materials relating to sawcutting, removing, disposing existing improvements, importing and compacting subgrade, and constructing P.C.C. Curb Access Ramp including minimum twelve square feet of raised truncated domes per CNB STD - 181 -L, retaining curbs, restoring pavement markings, curb painting, reposting of street signs, sidewalk, adjacent pull boxes, curb cores, grooving, and all other work items as required to complete the work in place. Raised truncated domes shall be dark grey colored and shall be "Terra Paving" as manufactured by Wausau Tile, Inc (715) 359 -3121 of Wisconsin. The Contractor shall have inspected the locations where new access ramps are to be installed and the unit price bid shall apply to all City standard curb access ramp cases required. Omission of this payment item in its entirety shall not result in any compensation. Omission of this payment item in part will not result in renegotiation in unit price. Item No. 20 Balboa Island - Install Raised Truncated Domes at Existing Access Ramp: Work under this item shall include, but not limited to, all labor and materials relating to sawcutting, removing and disposing of conflicting portions of concrete access ramp, constructing concrete base, installing minimum twelve square feet of raised truncated domes per CNB STD - 181 -L, restoring pavement markings, and all other work items as required to complete the work in place. Raised truncated domes shall be dark grey colored and shall be "Terra Paving" as manufactured by Wausau Tile, Inc (715) 359 -3121 of Wisconsin. Omission of this payment item in its entirety shall not result in any compensation. Omission of this payment item in its entirety shall not result in any compensation. Omission of this payment item in part will not result in renegotiation in unit price. Item No. 21 Balboa Island - Remove and Construct Minimum 4 -Inch Thick P.C.C. Sidewalk: Work under this item shall include, but not limited to, all labor and materials relating to removing and disposing of the existing sidewalk, compacting subgrade, constructing 4 -inch minimum thick P.C.C. sidewalk per CNB STD - 180 -L, installing temporary A.C. sidewalk, adjusting sidewalk to grade to match adjacent improvements, restoring pavement markings, curb cores, making in -kind repairs to private improvements impacted by the work such as irrigation systems, bricks, decorative stones, walls, walks, fences, and other private improvements to preconstruction conditions, and all other work items as required to complete the work in place. Location of sidewalk removals and construction shall be directed by the Engineer during construction. Contractor shall complete all private improvement repairs within five (5) calendar days of City notification. Omission of this payment item in its entirety shall not result in any compensation. Omission of this payment item in part will not result in renegotiation in unit price. Item No. 22 Balboa Island - Remove and Construct P.C.C. Alley Approach: Work under this item shall include, but not limited to, all labor and materials relating to removing existing improvements and constructing P.C.C. alley approach per CNB STD - 142-L, and all other work items as required to complete the work in place. Work under SP 15 OF 20 this item shall also include the removal and replacement of the existing curb per CNB STD -182 -L Type B. Omission of this payment item in its entirety shall not result in any compensation. Omission of this payment item in part will not result in renegotiation in unit price. Item No. 23 Balboa Island - Remove and Replace New Water Meter Box and Cover: Work under this item shall include, but not limited to, all labor and materials relating to removing and replacing all water meter boxes, frames and covers, to grade per CNB STD -502 -L or STD -503 -L match the AC finish surface and all other work items as required to complete the work in place. Omission of this payment item in its entirety shall not result in any compensation. Omission of this payment item in part will not result in renegotiation in unit price. Item No. 24 Balboa Island - Remove and Replace New Valve Box and Cover: Work under this item shall include, but not limited to, all labor and materials relating to removing and replacing all water valve frames and covers to grade per CNB STD - 511 -L, and all other work items as required to complete the work in place. Omission of this payment item in its entirety shall not result in any compensation. Omission of this payment item in part will not result in renegotiation in unit price. ADDITIVE BID ITEM Item No. Al Remove and Construct Staircase Handrails San Miguel Park: Work under this item shall include, but not limited to, all labor and materials relating to removing and disposing of the existing handrails; fabricating and installing stainless steel handrails and appurtenances per San Miguel Park Handrail Typical Section; restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement Concrete for construction shall be Class 560 -C- 3250." SP 16 OF 20 201 -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." 206 -5 METAL RAILINGS 206 -5.1 Metal Railings Materials. Add to this section: "Handrails shall be Schedule 80 - Type 316, TP316L, stainless steel conforming to ASTM A312. Steel railing shall be welded or seamless steel pipe conforming to ASTM A 53 or ASTM A 501." 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: www/ newportbeachca .gov /generalservices and clicking on refuse, then selecting the link Franchised Haulers List." 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday." 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, Medians, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words 1-1/2 inch" of the last sentence with the words "two (2) inches ". SP 17 OF 20 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, MEDIANS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "1. Driveway approaches shall be reconstructed and open for use within three calendar workdays after the commencement of driveway approach removal. The Contractor shall provide access during non - working hours. The approaches must be available for use over weekends and Holidays. 2. Driveway approaches shall be constructed one half at a time so that garage access is continuously maintained, unless a signed agreement with the property owner is obtained by the Contractor. 3. Curb access ramps, sidewalk, curb and gutter shall be reconstructed and open for use within five calendar workdays after commencement of their removal. 4. Temporary AC shall be used if the concrete panels will not be replaced within the time limit. 5. Ten inches of curb and gutter subgrade shall be compacted to 95 percent relative compaction. 6. Reconstructed sidewalk and curb access ramps shall be opened to public use on the day following concrete placement. 7. All forms shall be removed, irrigation systems shall be repaired, and backfill or patch -back shall be placed within 72 hours following concrete placement. 8. All damaged private improvements shall be repaired in -kind to the satisfaction of the Engineer within five days of reconstructed work. SP 18 OF 20 9. 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. 10. All excavated areas shall be allowed to remain open no longer than 24 hours prior to the placement of concrete." 303 -5.5 Finishing 303 -5.5.1 General. Add to this section: "The Contractor shall patch back A.C., P.C.C., brick, or any other hardscape within private property in a manner that matches the adjoining existing private property in structural section, texture and color." 303 -5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S or "W' for sewer or water lateral and a chiseled W -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718- 3402." 303 -5.5.4 Gutter. Add to this section: "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." SECTION 304 -- -METAL FABRICATION AND CONSTRUCTION 304 -2 METAL HAND RAILINGS 304 -2.1.2 Fabrication. Add to this section: "Welding shall conform to the requirement of the "Structural Welding Code' AWS D1.1 for steel. All exposed welds shall be ground flush with adjacent surfaces. Prior to the fabrication of the railings, the Contractor shall submit a sample of the material to the Engineer for approval." 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 work. The Contractor shall retain and follow the written recommendation of the approved ISA Certified Arborist for the safe pruning and removing tree roots in areas specified on the Work Schedule. The Arborist shall provide a written report with the recommendations to both the Engineer and Contractor. No trees shall be removed unless formal written approval is provided by the City. Prior to tree removal, the Contractor and Arborist 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. SP 19 OF 20 The contract arborist shall be listed on the Designation of Subcontractor(s) form. 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. Tearing of roots will not be acceptable. c. A root pruning sample at one selected site will be conducted and reviewed for approval by the City's Urban Forester. 2. Arbitrary Root Cut a. A straight cut with a root - cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible or as noted by the Urban Forester on the submittal. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and /or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and /or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump - grinding machine instead of a root - pruning machine. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. If there is a serious question about the stability of a tree such a large diameter roots must be removed, the Contractor shall notify the Engineer for approval. 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. For trees recommended for removal, the Contractor shall notify the Engineer who will process the tree removal request with the General Services Department. SP 20 OF 20 4. Root Barrier Specifications: a. Install root barrier panels with the length of each root pruning cut at a minimal of 14" below grade for sidewalks and 26" for curbs. b. The product shall be a minimal of 0.085 thickness and material of polyethylene plastic with ultra violet inhibitors. An example of the product will be submitted for approval by the Urban Forrester. c. The product shall be installed per manufacturer's specifications. The manufacturer's specifications must be submitted prior to commencement of the project." 7_1311 SECTION 400 - -- ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General 400 -2.1.1 Requirements. Add to this section: "The Contractor shall use crushed miscellaneous base, or better, as the base materials." F:\ Users\PBW \Shared \Contracts\FY10- 11 \10 -11 Sidewalk Curb & Guller C- 4561 \SPECS C- 4561.Ooc WORK SCHEDULE AREA - Eastbluff ("A"- Streets) 2010 -2011 SIDEWALK REPLACEMENT CONTRACT LOCATION STREET NAME& NO. 2401 Alta Vista Or Ii DEWALK C & G LF. CURB PAINT ACCESS RAMP ROOT PRUNING 1 RES. DM. APPROACH SF UIBOX EA. Comments SOFT. 32 44 32 1 1 Contract Arborist to Inspect 24 1 28 2221 Alta Vista Or 13 5 65 1 Contract Arborist to Inscett 2201 Alta Vista Or 120 2 615 Aleppo St on Alta Vista Or 125 1 815 Aleppo St 100 2 2126 Aralia St on Alta Vista Or 55 2115 Arbutus St on Alta Vista Or 186 24 1 4 2115 Arbutus St 100 1 2107 Arbutus St 36 2101 Arbutus St 21 1 31 1 2100 Arbutus St 72 2 2108 Arbutus St 400 1 2 2214 Alta Vista Or 72 1 2232 NIB Vista Or 65 1 55 2244 Alta Vista Or 75 1 2020 Alta Vista Or 3 901 Almond PI 125 1 1 900 Almond PI & Alta Vista Or 1 900 Alder PI & Alta Vista Or 1 901 Adder PI 100 1 1 Adder der Pl 40 1 901 Aleppo PI on Alta Vista Or 60 10 1 915 Aleppo PI 36 1 930 Aleppo PI 12 926 Ale o PI 7 920 Aeppo PI I 30 900 Aleppo PI 12 1 900 Aleppo PI on Alta Vista Or 32 1 320 Contract Arborist to Inspect 2351 Aralia St 100 1 2339 Aralia St 27 1 2321 Aralia St 28 I 1 2327 Aralia St 28 2 2101 Aralia St 32 19 1 2114 Aralia St 18 1 2306 Arbutus St 16 2307 Arbutus St 20 1 30 Contract Arborist to Ins ect 2345 Arbutus St 2338 Arbutus St 12 12 1 2333 Arbutus St 9 9 1 2322 Arbutus St 46 2300 Arbutus St 6 2315 Arbutus St 25 1 2245 Arbutus St 15 2227 Arbutus S; 60 24 1 100 1 Contract Arborist to Inspect 2226 Arbutus St 17 i 2207 Arbutus St 13 1 2201 Alta vist Or 7 7 2107 Aralia St 20 1 2115 Aralia St 60 28 1 1 2121 Aralia St 100 1 2126 Aralia St 2127 Aralia St 32 1 120 Contract Arborist to Inspect 2131 Aralia St 20 1 2200 Aralia St 2230 Aralia St 12 2236 Aralia St 50 1 100 Contract Arborist to Inspect 2242 Aralia St 80 14 2 65 I 1 1 Contract Arborist to Inspect 2245 Aralia St on Alba St 36 1 2300 Aralia St 12 1 2301 Aralia St 75 1 2318 Aralia St 56 20 1 2322 Aralia St 114 1 70 Contract Arborist to Inspect 2344 Aralia St 35 10 2345 Aralia St 10 50 2345 Arbutus St on Aleppo St 36 1 2215 Arbutus St 14 1 2312 Arbutus St 120 1 2324 Arbutus St 22 2201 Arbutus S; AREA - Eastbluff "B "- Streets 2010.2011 SIDEWALK REPLACEMENT CONTRACT LOCATION SIDEWALK C&G I CURS ACCESS I ROOT RES. OM. Umax Common¢ STREET NANIEB NO. SOFT. LF. I PAINT RAMP PRUNING APPROACH SF EA. 2725 Alta Vista Or 30 2 100 818 Bison Ave on Alta Vista Or 31 1 1 Aban Street Light Box 901 Bellis St 110 907 Bellis St 32 11 927 Bellis St 75 1 933 Bellis St 20 912 Bellis St 104 1 906 Bellis St 10 80 40 32 1 900 Bellis St 1 100 20 1 100 2600 Basswood St on Alta Vesta Or 70 11 1 2604 Basswood St 32 100 2615 Basswood St 2610 Basswood St 10 2646 Basswood St 24 1 Contract Arborisl to Inspect 2678 Basswood St 8 20 1 2661 Basswood St 100 2647 Basswood St 16 1 907 Bellis St 32 8 2620 Basswood St 1 150 1 Contract ArboriSl to Inspect 2632 Basswood St 1 100 1 2640 Basswood St 18 1 2658 Basswood St 64 25 1 50 Contract Arbors) to Inspect 2672 Basswood St 100 30 30 1 2682 Basswood St 2652 Basswood St 50 2655 Basswood St 65 2641 Basswood St 75 1 2661 Basswood St 2682 Basswood St 33 1 54 24 1 48 36 2647 Alta Vista Or 11 2527 Alta Vista Or 40 1 2501 Alta Vista Or 2507 Alta Vista Or 28 2327 Alta Vista Or 160 6 2401 Bun a St on Bellis St 140 20 1 2651 Bamboo St 125 1 1 2645 Bamboo St 80 1 60 Contract Arborisl to Inspect 2639 Bamboo St 125 45 1 2615 Bamboo St 38 1 2601 Bamboo St 32 1 2527 Bamboo St 17 1 10D Conrad Arborisl to Inspect 2507 Bamboo St 37 2501 Bamboo St 100 32 1 2455 Bamboo St 24 1 85 Contract Arborisl to Inspect 2449 Bamboo St 36 2443 Bamboo St 64 15 32 1 2431 Bamboo St 100 52 1 14 2417 Bamboo St 30 1 2411 Bamboo St 32 2401 Bamboo St I 100 1 1 707 Bellis St 25 i 721 Bellis St 75 1 807 Bellis St 60 42 1 2 815 Bellis 81 24 821 Bellis St 9 2501 Buckeye St 2521 Buckeye St 30 1 AF 2521 Alta Vista Dr. 18 18 1 2601 Alta Vista Dr. 1 2601 Buckeye St 72 10 1 2627 Buckeye St 80 12 2633 Buckeye St 100 60 2639 Buckeye St 65 2639 Buckeye St on Bison SI 32 I 1 20 2401 Bucke a St I 2421 Bucke a SI 70 28 1 726 Bison St 56 1 812 Bison St 48 18 800 Bison St 1 36 27 AREA - Eestbluff 'B "- Streets 2010 -2011 SIDEWALK REPLACEMENT CONTRACT LOCATION SIDEWALK C & G CURB ACCESS ROOT RES. om. UIBOX CommenU STREET NAME& NO. I S .FT. LF. PAINT RAMP PRUNING APPROACH SP EA. 2645 Bun a St 2633 Bun a St I 100 2401 Blackthom St on Bellis St 1 120 13 2 5 2639 Blackthom St 20 1 2639 Blackthom SI on Bison SI 10 AIF 2639 Blackthom Sl 5 2633 Blackthom St 23 1 2601 Blackthom St 20 50 2515 Blackthom St 10 2507 Blackthorn St 70 29 2433 Blackthorn St 9 2427 Blackthom St 56 1 2415 Blackthom St 4a 1 2407 Blacklhom St 64 1 2401 Bun a St 16 1 2441 Bun a St 6 2447 Bun a St 100 2515 Bun a St 720 1 2527 Bunya SI 24 AREA - Eastbluff "C "- Streets 2010 -2011 SIDEWALK REPLACEMENT CONTRACT LOCATION STREET NAME& NO. SIOEWALR C&G IX. CURB PAINT ACCESS RAMP ROOT PRUNING RES DM. APPROACH SF UIBO% EA. Tree. RIR Com.Pts 50FT. 2975 Catalpa St 16 1 2912 Catalpa St 12 2901 Catalpa St 2851 Catalpa St 60 30 1 2848 Catalpa St 64 1 2845 Catalpa St 32 2645 Catalpa St 18 2840 Catalpa St 21 1 2839 Catalpa St 32 2821 Catalpa St 36 2963 Catalpa St 21 1 280D Catalpa St on Camphor St 20 1 2810 Catalpa St 22 1 701 Camphor St 60 1 707 Camphor St 33 1 715 Camphor St 300 721 Camphor St 60 42 1 22 1 727 Camphor St 14 1 Contract Arborist to Inspect 801 Camphor St 22 1 300 807 Camphor St 30 1 815 Camphor St 12 821 Camphor St 19 1 200 Contract Arbonsi to Inspect 827 Camphor St 13 1 2 Contract Arborst to Inspect 2801 Camphor St 2719 Alta Vista Dr on Camphor St 54 1 1 32 1 2800 Carob St an Camphor St 36 60 1 36 1 2801 Carob St on Camphor St 2806 Carob St 15 2818 Carob St 6 2821 Carob St 24 2827 Carob St on Cassia St 20 1 2827 Carob St 32 2830 Carob St 1 100 Contract Arborist to Inspect 2833 Carob St 40 27 1 2836 Carob St 44 1 2851 Carob St 32 2906 Carob St 1 100 Contract Arborist to Inspect 2924 Carob St 48 15 1 100 Contract Arborist to Inspect 40 2936 Carob St 100 1 100 Contract Arborist to Inspect 2950 Carob St 20 2956 Carob St 23 1 1 2927 Carob St 125 1 Contract Arborst to Inspect 2921 Carob St 27 1 2915 Carob St 12 53 1 3007 Carob St 18 50 3027 Carob St 24 100 3039 Carob St 11 1 3044 Carob St 30 20 1 144 13 4 1 50 Contract Arborlst to Inspect 3057 Carob St 20 1 3061 Carob St 30 30 1 3045 Carob St 15 1 3033 Carob St 75 2 50 3077 Carob St 25 7 3001 Carob St 36 42 1 125 2801 Cassia SI and Camphor St 2 Cassia St and Carob St 200 40 2 1 Contract Arborst to Inspect 2801 Cassia St 14 1 60 26D7 Cassia St 80 22 1 2815 Cassia St 15 36 1 2827 Cassia St 30 1 A/F 2827 Cassia St 21 2833 Cassia St 30 1 2839 Cassia St 22 AIF 2839 Cassia St 21 1 2845 Cassia St 14 1 2901 Cassia St 30 A/F 2907 Cassia St 15 2915 Cassia St 40 38 2 1 2921 Cassia St 1 60 i 1 A/F 2921 Cassia. St 22 1 2939 Cassia St 100 9 1 Remove Pepper Tree near DW 2945 Cassia St 100 2951 Cassia St 12 1 1 AREA - Eastblulf "C"-Sheets 2010 -2011 SIDEWALK REPLACEMENT CONTRACT LOCATION STREET NAMES NO. 2951 Cassia St on Carob St SIDEWALK CURB PAIN ACCESS RAMP ROOT PRUNING 1 RES. DM. APPROALH SF Urao% EA. Tres RIR Commenis SOFT. 801 Ceiba PI on Carob St 80 LF 1 80 2 827 Ceiba PI 100 800 Ceiba PI on Carob St 13 1 I 2921 Alta Vista Or 1 Mir Alta Vista Or 7 I 100 Contract Arbanst to Inspect 2851 Alta Vista Or 12 1 50 2833 Alta Vista Or 65 2815 Alta Vista Or 84 24 1 1 Remove Eucalyptus Tree 2807 Alta Vista Or 30 1 ContraU Arborist to Inspect 901 Citrus PI on Alta Vista Or 160 1 900 Citrus PI on Alta Vista Or 110 1 901 Chestnut PI an Ally Vista Or 21 1 65 I I 26 1 900 Chestnut PI on Alta Vista Or 5 5 900 Citrus PI 170 9 35 10 901 Citrus PI 220 33 1 1 180 Contract Arborst to Inspect 907 Citrus PI 140 921 Citrus PI 10 914 Citrus PI 13 900 Chestnut PI 16 16 1 901 Chestnut PI 40 1 15 1 907 Chestnut PI 60 1 908 Chestnut PI 20 915 Cercls PI 1 80 18 1. 901 Cords PI &Alta Vista 65 1 140 1 Cords PI 8 Alta Vista Or 2 900 Cords PI on Alta Vista Or 325 2 100 65 29 912 Cercis PI 20 I 901 Collis PI on Alta Vista Or 26 1 1 901 Celtis PI 11 907 Celtis PI 40 1 915 Collis PI 20 908 Calls PI 33 1 900 Calls PI 42 17 1 1 1 2848 Alta Vista Or 10 2854 Alta Vista Or 28 28 1 1 2860 Alta Vista Or 18 1 2900 Alta Vista Or 130 1 100 2918 Alta Vista Or 65 1 2936 Allis Vista Dr 1 1 100 Contract Arborisl to Inspect 2942 Alta Vista Or 1 1 23 1 1 1 AREA - Medlan/Ford Rd. 2009 -2010 SIDEWALK REPLACEMENT CONTRACT -CENTER MEDIAN LOCATION STREET NAMES NO. SIDEWALK Bomanite C&G LF. ROOT PRU NI G COM. DW APPROACH 5 UIBOX Comments S .F s °.FT. Fit. E. PCH Jamboree Rd to Irvine Terrace 24 Standard Concrete 18 Standard Concrete Cameo Highlands to New pod Coast Dr 16 Standard Concrete San Joaquin Hills Rd Ridge Park Rd to Newport Coast Dr 80 55 3 Standard Concrete 105 40 3 Standard Concrete Ridge Park Rd to Newport Ridge W 30 1 Standard Concrete 30 1 1 1 Standard Concrete 21 Standard Concrete 60 Standard Concrete 15 9 Standard Concrete Newport Ridge W to Spyglass Rd 30 1 Standard Concrete 75 50 Standard Concrete 45 1 Standard Concrete 45 1 Standard Concrete 50 1 Standard Concrete 45 1 Standard Concrete 30 1 Standard Concrete 90 1 1 3 1 1 Standard Concrete 30 1 Standard Concrete 15 1 Standard Concrete 65 1 Standard Concrete 2 Standard Concrete San Mi uel Dr MacArthur Blvd to San Joaquin Hills 150 1 20 1 Standard Concrete San Joaquin Hills Rd to Yacht C uette 36 1 1 Standard Concrete 60 2 Standard Concrete 140 1 Standard Concrete 30 1 1 1 1 Standard Concrete 12 Standard Concrete 12 Standard Concrete 35 3 Standard Concrete 21 1 Standard Concrete Standard Concrete San Miguel Dr San Joaquin Hilts Rd to Yacht Coquette 10 1 Standard Convete Cont.) 45 Standard Conuete 30 2 Standard Concrete 18 1 Standard Concrete 30 1 2 1 Standard Concrete 15 1 Standard Concrete 10 Standard Concrete 21 1 Standard Concrete 21 Standard Concrete 45 3 Standard Concrete 40 1 Standard Concrete 30 Standard Concrete 40 Standard Concrete Yacht Coquette to Spyglass Rd 30 1 Standard Concrete 40 2 Standard Concrete 40 3 Standard Concrete 75 1 Standard Concrete 21 1 Standard Concrete 12 1 Standard Concrete 36 1 Ford Rd MacArthur Blvd to Jamboree Rd Bomanite 230 1 1 Bomanite 230 Bomanite 200 Bomanite 200 Bomanite 240 Bomanite 240 Bomanite 120 Bomanite 130 Bomanite 240 Bomanite 240 Bison Rd at Hartford Or Bomanite 20 1 Bomanite 10 Canyon Island Drive 250 San Miguel Park Staircase San Miguel Park Staircase Existing Condition SAN M IGUEL PARK S rAIRCASE TYPICAL SECTION APPROX. 3/4" .1/4' + GROOVE DETAIL JOIN EXISTING CONCR #4MEACH RISER HOOK AROUND BOTTOM BAR J JOIN RADIUS RADIUS EXISTING EXISTING TOP CONCRETE #4C-3EACH RISER AND / WALKWAY HOOK AROUND BOTTOM STEPS TO BE FINISHED BOTTOM BAR WITH MEDIUM BROOM SURFACE L8.25" FIELD VERIFY 6.25" #4l71EACH RISER FIELD VERIFY 1 12" HOOK AROUND 14" O 4 BOTTOM BAR w -°---2% T NNE NNW 6" I m�Q 2" CUR AND ADD 4 TO CLR 3 "FROM EACH ® 12" EDGE OF STAIRCASE (TYP) SECTION A - A 6" CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT APPROVED: SENIOR CIVIL ENGINEER R.C.E. NO. 65320 DATE: 10/11/10 SCALE: NTS DRAWN: PT SAN MIGUEL PARK SAN MIGUEL PARK HANDRAIL 3 "X3 "X0.25" STAINLESS STEEL STIFFENER (TYP) TYPICAL SECTION 19" MIN IN CONCRETE STAIRWAY HANDRAIL DETAIL ADDITIVE BID ITEM (A -1) CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT APPROVED: SENIOR CIVIL ENGINEER R.C.E. NO. 65320 DRAWN: PT SAN MIGUEL PARK China Cove Staircase China Cove Staircase Location- West of 2709 Cove Street ..._ \ ° = -iii►. China Cove Staircase Existing Condition .q P , )� PGi. 1 A k y CIN. .q CHINA COVE STAIRCASE TYPICAL SECTION <A REPLACED STAIRCASE SMALL INCLUDE THREE ADDITIONAL STEPS, Typ 2A TlP TOTALING f1. LEVEL rc in n PLACE NEXT TO 6• TW TO EXISTING SEAWALL (71P) A REMOVE AND STAIRWAY TYPICAL PLAN RALNGEXISTING APPROX. 3/4" I 1/4° 1 J- GROOVE DETAIL APPROx °-1 /z WCNEs '°H MTM anus EA nKG TOP PMEA01 RISER AND 4CnW =TO x00K MOOND BOROM STEPS TO BE RNISHEB 8017W BAR .TH MEDIUM BROW SURiACE EwsnnO SAND suPEACE L ° ze• ROD %Ky OS• NV d 1HR STEP $ SMA31 u NC RUED BE BELOW EMsn ELD Tr xBOK AROUND T BOTTOM BAR yy �zx B B. r OR AND ` Y.S OR PMEA01 RISER Y ROU EACH TD. VXX BP MOM ARWNO BWPCASE (M) 907M BAR O 13.5' (M) B• SECTION A A APPROVED: CITY OF NEWPORT BEACH C L RCM E IVI E SENIOR ENGINEER R.C.E. GATE: 7T /16 /10 SCALE: NTS PUBLIC WORKS DEPARTMENT DRAWN: p7 CHINA COVE sm ML I SLAM AVENUE VANJASUE°1 ISEE ONO STO I I 1 PUNS NOTE B fajQs O• O (4 IN) WRB t<i m 2 ym OUT NB REMOVE MST. M AND STALL CONCRETE PER i ONO s D -IOB -L O. VARIABLE CURB FACE — — o• 1111111111111 ®, m <�k' f� CCND7clE a mi &33R SLOPE I SEE ON STO �IOVIL PLANS NOTES MAX I WJUCEO 9,15, k 16 I�Wyi 4'l awaTEIE muovu As NuixEo TYPICAL CURB ACESS RAMP AT INTERSECTION OF MARINE AVENUE AND PARK AVENUE DETAIL GENERAL UTILITY PULL BOXES, MANHOLES, AND ALL OTHER UTILITIES FACILITIES WITHIN THE BOUNDARIES OF THE CURB RAMP AND ITS FLARED SIDES SHALL BE ADJUSTED TO GRADE IN COJUNCTION WITH CURB RAMP CONSTRUCTON. ANY ABOVE /BELOW GROUND FREATUES DAMAGED DURING CONSTRUCTION SHALL BE REPLACED AT THE CONTRACTORS EXPENSE. sm ML I SLAM AVENUE OSAWCUT FULL DEPTH, PLACE 4 -INCH THICK P.C.C. BASE AND INSTALL RAISED TRUNCATED DOME TILES PER CNB STD - 181 -L. O REMOVE EXISTING CROSS WALK CURB ACCESS RAMP AND CONSTRUCT CURB ACCESS RAMP, CNB STD 181 -L CASE E. O ALLEY APPROACH SHALL INCLUDE 24 INCH CONCRETE PATCHBACK PER CNB STD - 108 -L. O4 SEE CURB ACCESS RAMP DETAIL. CITY OF NEWPORT BEACH - PUBLIC BALBOA ISLAND SIDEWALK, ALLEY APPROACH, AND CH CURB ACCESS CONCRETE REPLACEMENT DR WORKS DEPARTMENT ATE 11 PTI EXHI VANJASUE°1 ISEE ONO STO I I 1 PUNS NOTE B fajQs O• (4 IN) WRB t<i m 2 ym OUT NB REMOVE MST. M AND STALL CONCRETE PER i ONO s D -IOB -L O. VARIABLE CURB FACE — — o• m <�k' �°�•' CCND7clE a mi &33R SLOPE I SEE ON STO �IOVIL PLANS NOTES MAX I WJUCEO 9,15, k 16 I�Wyi 4'l awaTEIE muovu As NuixEo TYPICAL CURB ACESS RAMP AT INTERSECTION OF MARINE AVENUE AND PARK AVENUE DETAIL GENERAL UTILITY PULL BOXES, MANHOLES, AND ALL OTHER UTILITIES FACILITIES WITHIN THE BOUNDARIES OF THE CURB RAMP AND ITS FLARED SIDES SHALL BE ADJUSTED TO GRADE IN COJUNCTION WITH CURB RAMP CONSTRUCTON. ANY ABOVE /BELOW GROUND FREATUES DAMAGED DURING CONSTRUCTION SHALL BE REPLACED AT THE CONTRACTORS EXPENSE. OSAWCUT FULL DEPTH, PLACE 4 -INCH THICK P.C.C. BASE AND INSTALL RAISED TRUNCATED DOME TILES PER CNB STD - 181 -L. O REMOVE EXISTING CROSS WALK CURB ACCESS RAMP AND CONSTRUCT CURB ACCESS RAMP, CNB STD 181 -L CASE E. O ALLEY APPROACH SHALL INCLUDE 24 INCH CONCRETE PATCHBACK PER CNB STD - 108 -L. O4 SEE CURB ACCESS RAMP DETAIL. CITY OF NEWPORT BEACH - PUBLIC BALBOA ISLAND SIDEWALK, ALLEY APPROACH, AND CH CURB ACCESS CONCRETE REPLACEMENT DR WORKS DEPARTMENT ATE 11 PTI EXHI MINUTES OF REGULAR MEETING OF THE BOARD OF DIRECTORS OF GRIGOLLA & SONS CONSTRUCTION CO., INC. The directors of Grigolla & Sons Construction, Co., Inc. ( "Grigolla & Sons "), held their regular meeting at the time, date and location set forth as follows: Date of meeting: 1 /l /10 Time of meeting: 7:A.M. Location of meeting: 947 W. Gladstone St., Azusa, CA 91702 The following directors were present at the meeting, representing a quorum, and all of the Board of Directors: Raymond Grigolla, John Grigolla and David Grigolla. The Secretary announced that the next item of business was the consideration of numerous formal resolutions for approval by the board. After introduction and discussion, and upon motion duly made, seconded and carried by the affirmative vote of all directors in attendance at the meeting, the following resolutions were adopted by the directors entitled to vote at the meeting: I, David Grigolla/ Secretary, John Grigolla / President, Raymond Grigolla/ Vice - President acting as Officers and Directors. Whereas, each are authorized to prepare Public works Proposals for Public agencies such as Public Cities, Counties, State of California, and Federal Government in California. Each proposal requiring signature, one or all of the Officers signatures on behalf of the Corporation. Depending on each cities requirements, one or all must sign. At minimum one signature is needed. Now, therefore, be it resolved, David Grigolla, John Grigolla or Raymond Grigolla have Authority granted as acting officers and directors to sign public proposals on behalf of the corporation. David Grigolla, John Grigolla or Raymond 1 MIATIES OF REGULAR 1IEETTNG OF TILE BOARD OF DTRECORS OF GRIGOLLA & SONS CONSTRUCTION CO., INC. Grigolla with authority granted to them to sign all contracts if awarded, Change orders, bonding and insurance on behalf of the Corporation. Resolved, further, this meeting was held for Resolution/ Power of Attorney for Bidding and Signing Public Bids, Contracts, Change orders, Bonds, and Insurances for a one year period from 1 /l /10 expiring 1/2/11. There being no further business to come before the board, the meeting was adjourned. Date: 1 /l /1.0 David Grigol ecretary 2 mI ums of REGLuR mmw of 111E BOARD OF DIRECIiiRS OF GRIGOII.A & SONS CONSTRUCTION CO., INC. MINUTES OF REGULAR MEETTING OF THE BOARD OF DIRECTORS OF GRIGOLLA & SONS CONSTRUCTION CO., INC. The directors of Grigolla & Sons Construction, Co., Inc. (`Grigolla & Sons "), held their regular meeting at the time, date and location set forth as follows: Date of meeting: 1/3/10 Time of meeting: 7:A.M. Location of meeting: 947 W. Gladstone St., Azusa, CA 91702 The following directors were present at the meeting, representing a quorum, and all of the Board of Directors: Raymond Grigolla, John Grigolla and David Grigolla. The Secretary announced that the next item of business was the consideration of numerous formal resolutions for approval by the board. After introduction and discussion, and upon motion duly made, seconded and carried by the affirmative vote of all directors in attendance at the meeting, the following resolutions were adopted by the directors entitled to vote at the meeting: I, David Grigolla/ Secretary, John Grigolla / President, Raymond Grigolla/ Vice - President acting as Officers and Directors. Whereas, each are authorized to prepare Public Works Proposals for Public agencies such as Public Cities, Counties, State of California, and Federal Government in California. Each proposal requiring signature, one orall of the Officers signatures on behalf of the Corporation. Depending on each cities requirements, one or all must sign. At minimum one signature is. needed. Now, therefore, be it resolved, David Grigolla, John Grigolla or Raymond Grigolla have Authority granted as acting officers and directors to sign public proposals on behalf of the corporation. David Grigolla, John Grigolla or Raymond Grigolla with authority granted to them to sign all contracts if awarded, Change orders, bonding and insurance on behalf of the Corporation. I MINUTES OF REGULAR MELTING OF TIE BOARD OF DIRECTORS OF GRIGOLCA & SONS CWSTRUCrION CO., INC. Grigolla with authority granted to them to sign all contracts if awarded, Change orders, bonding and insurance on behalf of the Corporation. Resolved, further, this meeting was held for Resolution/ Power of Attorney for Bidding and Signing Public Bids, Contracts, Change orders, Bonds, and Insurances for a one year period from 1/3/11 expiring 1/2/12. There being no further business to come before the board, the meeting was adjourned. Date: 1/21/11__ David Grigo Secretary a MINVIES OF REGULAR MELTING OF THE BOARD OF DIRT OF GRIGOLLA & SONS CONSTRUCTION CO., INC. CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT c%� - Agenda Item No. 11 January 11, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Peter Tauscher, Junior Engineer 949 - 644 -3316 or pauscher@newportbeachca.gov SUBJECT: 2010 -2011 SIDEWALK, CURB & GUTTER RECONSTRUCTION PROJECT - AWARD OF CONTRACT NO. 4561 ISSUE Staff requests City Council approval to award the 2010 -2011 Sidewalk, Curb & Gutter Reconstruction Project to Grigolla & Sons Construction Company, Inc. RECOMMENDATIONS 1. Approve the project plans and specifications. 2. Award Contract No. 4561 to Grigolla & Sons Construction Company, Inc. (Grigolla & Sons) for the Total Bid Price of $475,370.00 and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $95,000.00, approximately 20 percent, to cover the cost of unforeseen work and anticipated work not includes in the original project limits. DISCUSSION At 10:00 a.m. on December 8, 2010, the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low Grigolla & Sons Construction Company, Inc. $462,370.00 2 T.A. Pointer Enterprises, Inc. $478,432.10* 3 Nobest, Inc. $542,000.00 4 Golden State Constructors, Inc. $556,575.00 ** 5 CJ Concrete Construction, Inc. $557,706.00 6 Elite Bobcat Service, Inc. $559,390.00 7 B &T Works, Inc. $564,910.00 * ** 8 Martinez Concrete, Inc. $605,383.00 9 Kalban, Inc. $654,210.00 10 S. Parker Engineering $682,590.00 11 E.C. Construction Company $793,843.00 Note: Total bid amount does not reflect Additive Bid Item No. Al * As -bid amount is $478,435.00 ** As -bid amount is $554,575.00 * ** As -bid amount is $516,910.00 2010 -2011 Sidewalk, Curb & Gutter Reconstruction Project Award of Contract No. 4561 January 11, 2011 Page 2 The low total bid amount was approximately fourteen percent (14%) below the engineer's estimate of $540,500.00. The current competitive construction market most likely contributed to the disparity between the received low bid and staffs cost estimate. The engineers estimate was developed based on the unit prices received from last year's concrete reconstruction project. An additive bid item to replace existing handrails at San Miguel Park was included in the bid package. After review with General Services Department staff and evaluation of the bid pricing, Staff recommends including the Additive Bid Item, Al, to the contract at a cost of $13,000.00, resulting in a total contract of $475,370.00. The low bidder, Grigolla & Sons, possesses a California State Contractor's License Classification "A" as required by the project specifications. A check of their references indicates they have satisfactorily completed similar concrete projects in past few years. Public Works' staff believes Grigolla & Sons can successfully complete this year's concrete reconstruction project. Given the favorable project unit prices by Grigolla & Sons, staff recommends Council to establish a twenty percent (20 %) contract contingency to be included in the contract award, totaling $95,000.00. Those added funds will provide an opportunity for the City to take advantage of the low unit prices to perform additional concrete repairs at other locations. This project consists of existing sidewalk, medians, driveways, curb and gutter, alley approaches, curb access ramps; replacing concrete stair cases; pruning tree roots; and installing new tree root barriers per City standards primarily within the Eastbluff Community and Balboa Island. Pursuant to the Contract Specifications, Grigolla & Sons will have 85 consecutive working days to complete the construction. ENVIRONMENTAL REVIEW Staff recommends the City Council find this project exempt from the California Environmental Quality Act ( "CEQX) pursuant to Section 15302 (Replacement or Reconstruction) of the CEQA of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 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 will be distributed by the contractor to the nearby residents. The first notice will be distributed ten days before starting work and the second notice 48 hours prior to starting work. 2010 -2011 Sidewalk, Curb & Gutter Reconstruction Project Award of Contract No. 4561 January 11, 2011 Page 3 Geotechnical, Materials, Testing, and Survey Services: In addition to the contract costs, approximately $2,500.00 in supplemental funds for geotechnical testing services will be needed for this project and will be performed under the on -call professional services agreement with Harrington Geotechnical Engineering. FUNDING AVAILABILITY There are sufficient funds available in the following account for the project: Account Description General Fund Building Excise Tax Gas Tax General Fund Proposed uses are as follows: Account Number 7013- C2001008 7271- C4002009 7181- C2001009 7013- C2001009 Amount $ 70,800.00 $ 25,000.00 $ 137,632.44 $ 340,937.56 $574,370.00 Vendor Purpose Amount Grigolla & Sons Construction, Co., Inc. Construction Contract $ 475,370.00 Grigolla & Sons Construction, Co., Inc. Construction Contingency $ 95,000.00 Harrington Geotechnical Geotechnical Services $ 2,500.00 Various Printing and Incidentals $ 1,500.00 Total: $ 574,370.00 Prepared by: Peter Tauscher Junior Engineer Attachments: Project Location Map Submitted bv- P•O�' V a 'c r aK t�i J p5 ed 1.% P` 6 Fd a 44 �V M � p s J,cz h dF I�i-I IPl v y G m d AVER O c � 9 d ep < � D t u FY 10 -11 SIDEWALK, CURB & CITY OF NEWPORT BEACH GUTTER RECONSTRUCTION PROJECT PUBLIC WORKS DEPARTMENT LOCATION MAP NOT TO SCALE C -4561 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Peter Tauscher, Junior Engineer 949 - 644 -3316 or ptauscher @newportbeachca.gov SUBJECT: 2010 -2011 SIDEWALK, CURB & GUTTER RECONSTRUCTION PROJECT — REJECT ALL BIDS FOR CONTRACT NO. 4561 ISSUE Staff requests City Council to reject all bids received for the 2010 -2011 Sidewalk, Curb & Gutter Reconstruction Project and allow staff to re- advertise for new bids. RECOMMENDATIONS 1. Reject all received bids for Contract No. 4561. 2. Direct staff to clarify the contract documents and re- advertise the project for bids. DISCUSSION At 9:00 a.m. on November 2, 2010, the City Clerk opened and read the bids for the 2010- 2011 Sidewalk, Curb & Gutter Reconstruction project that would include reconstructing existing sidewalk, medians, driveways, curb & gutter, installing access ramps & truncated domes, removing & pruning tree roots; and installing new tree root barriers within the Eastbluff Community and Balboa Island areas. A total of twelve bids were received, ranging from $399,999.90 to $930,460.00. In reviewing the bids, it was apparent that none of the bidders fully understood the required tree preservation requirement and bid forms pertaining to using an ISA Certified Arborist. Additionally, most of the bids received contained mathematical and clerical errors within the proposal. As a result, staff recommends rejecting all of the bids, clarify the arborist requirement and bid forms, and re- advertise the project for responsive and conformant bids. PUBLIC NOTICE The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prepared by: Submitted Peter Tauscher Junior Engineer Attachment: Location Map G. Badum orks Director 1 4 ypQ Y >9 Lf 4 P r t rF &sDN L � AVEN O W ..m •n Q� O� • � L s t 6 _ 4 } O @ E D £ FY 10 -11 SIDEWALK, CURB & CITY OF NEWPORT BEACH GUTTER RECONSTRUCTION PROJECT PUBLIC WORKS DEPARTMENT LOCATION MAP NOT TO SCALE C -4561