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HomeMy WebLinkAboutC-4453(A) - Central Balboa Phase I - Pavement Rehabilitation• S , I April 2, 2012 Mr. Larry Nodland Nobest Incorporated 7600 Acacia Avenue Garden Grove, CA 92841 Subject: Central Balboa Phase I - Pavement Rehabilitation - C -4453 Dear Mr. Nodland: On January 24, 2012, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a. Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on January 23, 2412, Reference No, 2012000209559. The Surety for the bond is Ullico Casualty Company and the bond number is SB 015 000 145. Enclosed is the Labor & Materials Payment Bond. Tleilani 1. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 176$ • Newport Beach, California 92458 -8915 Telephone: (949) 644 -3005 � Fax: 1949) 644 -3039 • www.city.newpon- beach.ea.us CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL BALBOA PHASE 1 PAVEMENT REHABILITATION CONTRACT NO. 4453 BOND NO. SB 015 0001_45 Premium Included with Performance Bond WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to NOBEST INCORPORATED, a California corporation, a hereinafter designated as the "Principal," a contract for construction of CENTRAL BALBOA PHASE 1 PAVEMENT REHABILITATION, Contract No. 4453 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. 4453 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, Ullico Casualty Company _ 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 Forty -Eight Thousand and 001100 Dollars ($448,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, Por value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder 34 or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this 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 20th day of April 2011. NOSIEST INCORPORATED Bidder Ullico Casualty Company Name of Surety 2600 West Olive Ave., 5th Floor, Burbank, CA 91505 Address of Surety (818)333 -5195 Telephone 35 Matthew J. Coats, Attomey in Fact Print Name and Title Lei 01 Ik e s i W"072 1 01 State of California County of Orange ()n April 20,2011 before me, Ray E. Anderson /Notary Public (Here insert name and tide of the officer) personally appeared Larry Nodland who proved to me on the.basis of satisfactory evidence to be the personnKwhose nameXis /subscribed to the within instrument and acknowledged to me that he %hdf wexecuted the same in his/ erAWauthorized capacityyy�, and that by his)iWpeif signature Won the instrument the person or the entity upon behalf of which the personnp)"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. ' KAY E. ANDERSON GOW #1852452 O U WIT m y h d and official seal. \ � NOTARY PUBLIC •CALIFORNIA ORANGE COUNTY + 4„iy My COmm. Erpteea.lur'�e i3. 2073 S. of Notary Public (Notary Seal) ADDI'T'IONAL OPTIONAL INFORMATION DESCRIPTION OF TIME ATTACHED DOCUMENT „(Title or description of attached document) (Title or description of attached docmmont continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer 'resident (Title) • Partner(s) • Attomey -in -Fact • Trustee(s) ❑ other 2008 Version CAPA vl2..10.07 806- 873A8fi5 www.NotaryCiasses.cam INSTRUCTIONS FOR COMPLETING THIS FORM Any aeburviedgmem completed in California must contain verbiage eatery as appcars above in the notary section or a separate acknowledgment form musr be property completed and attached to that document The only ezcepdon is it a document is to be recorded outside of Cat lbrroa In such mraaces, any alternative acknowledgment verbiage as may be printed on such a document so tong as the verbiage does not require the notary to do something shot is iltegat for a notary in GWornla (te, cartffying the authorised capacity of the signer). Please check the document carefully for proper notarial wording and atach thisjorm if required. • State and County imforrnetio r must be the State and County where the document signers) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the sate date the acknowledgment is completed. • The notary public must prim his or her more as it appears within his or her commission followed by a cmram and then year title (notary publr). • Print the mune(s) of document signer(s) who personally appear at the time of notarization. • indicate the correct singular or plural forms by crossing off incorrect forms (i.e. holshei 4syr is Jana ) or circling the correct forms. Failure m correctly indicate this infommtion may lead to rejection of document recording. • the notary scat impression must be clear and photographically Mteducble. Impression must not cover test or lines. If seal impression smudges, re -seal if a sufficient arcs permits, otheronse complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. 9 Additimmi information is not required but could help to ensure this a urowledgment is not misused or attached to a different document. • Indicate tide or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the tide (i.e. CFA, CFO, Secretary). • securely attach this document to the signed document it . " i i' State of California County of Orange On APR 2 0 2011 before me, Adelaide C. Hunter, Notary Public (insert name and tide ofthe officer) personally appeared Matthew J. Coats who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that hefsho4thoy executed the same in hisA=A fi6r authorized capacity (ies), and that by hisAied&rir signature(s) on the instrument the person(s), or the entity upon behalf ofwhich the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ApEI.AiDE C. HUNTER Commission # 1808793 Notary Public .. California i Signature _ (emu_ Orange County @My {. Expires Aug £}. 2`?11£: VU111 ULLIt, N aW. ally Company Tb25 Eye Stred,N.W. Attorney D.C. 10066 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS:. TbatULLICO CASUALTY COMPANY (the Company), a corporation organized mid existing under the laws of the State o €Delawae,do" hereby constitute and appoint;. Linda D. Coats, MatthewLCosts, Douglas A- Tapp „ & Timothy D. Rapp of Coats Surety Insurance Services, Inc. Its true and lawful Attorney (s) in fact with fall authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity andwritings obligatory in the nature thereat, issued in the course of its business and to bind the Companythereby, in an amount not to exceed $5,000,000,00. ibis Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of ULLICO Casualty Company at a meeting duly called the ISth day of July, 2009. RESOLVED: That the Board of Directors the President or my Vice President of the Company to: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undetakntgs, contracts of indemnity and other writings obligatory in the nature thereof and to attach the soar of the Company mado; and (2) to remove, at anytime. any such Attorney -in -Fact and revoke the auturrity given. And bo it FURTHER RESOLVED: That the signatures of such offices and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and ratified by facsimitc signatres and facsimile seal shall be valid andbiding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF., ULLICO CASUALTY COMPANY has =no this instrument to be signed and its corporate seal to be affixed by its authorized office this 16th day of July, 2009. '�'at18{YtsGs.'+ _�. SEA �- ta6r{r 11979 a �w '`� •`;4,�WW11 •2' ,�•. Daniel Amnowita: rIrf President ULLICO Casualty Company, a Delaware Corporation: rsatiEit�ii'' On this 16th day of July 2009, before meanie the individual who executed the preceding ins#ument, : to me personallyknown, andlatim; by me duty swam said that he is the therein described and authorized offices of the ULLICO CASUALTY COMPANY; that the seal affixed to said instrument is the Corporate sea! of said Company, that the said Corporate Seat and his sign durewere duly affixed,. Notary Pubf C CATHERINE M. OBRIEN. NOTARY PUBLIC STATE OF MARYLAND MONTGOMERY COUNTY MY COMMISSION EXPIRES JANUARY 21, 2012 • CERTIFICATE I, Teresa E. Valentine, Senior Vice President, General Counsel and Secretary of ULLICO Casualty Company, do herby certify that rite foregoing resolution of the Board of Directors and this Power of Attorney issued pursumtttherso on this 20m dayof,•„ rfl , 20 11 are line and correct and are still in full force and effect, I do further certify that that Daniel Aronowirz, wb executed the Power of Attorney as Presiden4 was on the date of execution of the attached Power of Attorney the duly elected President of ULLICO Casualty Company, In Testimony Whereof 1 have subscribed my name and affixed thefacsimile seal of each Company this 20th day of Anrd 20 i I Teresa E.. Valentine ��� Senior Vice President, Cereal Counsel & Secretary ULLICO Casualty Company RRecorded in Official Records, Orange County L7- Clerk -Recorder RECORDING REQUESTED BY AND *� $' I R"11111 I1111JJI�J1111111111111 JJJ� ]III �111� 11111111111 NO FEE WHEN RECORDED RETURN50:MAR 12 m 8 9 7 2 5$* AOd�109559 9:08 am 02/28/12 City Clerk 166 408 N12 1 r ^" 6FOO 0.00 0.00 0.00 0.00 0.00 0.00 0.00 City of Newport Beach T CLERK 3300 Newport Boulevard CM/C ccAC H Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NONCE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Nobest Inc. of Garden Grove, CA, as Contractor, entered into a Contract on April 12, 2011. Said Contract set forth certain improvements, as follows: Central Balboa Phase 1 Pavement Rehabilitation - C-4453 Work on said Contract was completed, and was found to be acceptable on January 24, 2012, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Ullico Casualty Company. Ba.I'I r s Director Cityrof woort Beach VERIFICKTOON I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. } 'b1yqn l J_o� �-- Executed on �� i , at Newport Beach, California. tel) r OFFICE OF THE CITY CLERK Leilani 1. Brown, MMC January 25, 2012 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following project: • Central Balboa Phase 1 Pavement Rehabilitation - C -4453 Please record the enclosed document and return it to the City Clerk's Office. Thank you. teitgni 1. Brown, MMC City Clerk Enclosures 3300 Newport Boulevard - Post Office Box 1768 � Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us r> ff'.) Agenda Item No. January 24, 2012 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 Civil Engineer APPROVED: C, _ CENTRAL BALMA REHABILITATION —PHASE 1 - TITLE: COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4453 ABSTRACT: On April 12, 2011, City Council awarded Contract No. 4453 to Nobest, Inc. (Nobest), for an amount of $448,000.00, and established a 25 percent contingency allowance to address unknown cost and take advantage of the low bid pricing. 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 Gas Tax Water Enterprise Wastewater Enterprise AD 101 - Contingency AD 101 —Street Rehabilitation Account Number 7181- C2002017 7511- C2002041 7531- C2002041 74101 -9805 74101 -9804 Amount $406,198.65 $1,800.00 $40,480.00 $44,850.00 $19,000.00 Total: $512,328.65 DISCUSSION: Contra, Balboa Pavement Rehabilitation —Phase 1 Completion and Acceptance of Contract No. 4453 January 24, 2612 Page 2 Overall Contract Cost/Time Summary Construction Description Actual Contract Time Contract Award Final Cost at Contingency Contract Time+ (Under) Amount Completion Target Change Ex or Over TOTAL $89,250.00 den son $448,000.00 1 $512,328.65 25% or less 14% 84 ( -13) The work necessary for the completion of this contract consisted of removing existing concrete streets, sidewalks, curb and gutter, curb access ramps, alley approaches and driveways; constructing street pavement, sidewalks, curb and gutter, curb access ramps, alley approaches and driveways; adjusting utilities to grade; removing and installing new trees; reconstructing catch basins; and incidental items of work as required by the contract. As part of the award, a $112,000.00 contingency allowance was established to address unknown cost and possibly take advantage of the low contract unit bid price to address additional concrete repairs and or street rehabilitation in other parts of the City that were not originally believed to be afforded. Under this contract, contingency funds were used to rehabilitate Hardinp Street and the southern portion of Cypress Street, construct an eastbound left turn lane at 15t Street, and an alley approach on Newport Island. 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: $448,000.00 423,078.65 89,250.00 $512,328.65 The final overall construction cost including change orders was 14 percent over the original bid amount. There were four change orders broken down as shown below: CO # Description Cost 1 Construct Turn Eastbound Left Lane on W. Balboa Boulevard at 15th Street $17,750.00 2 ^ Street Rehabilitation - C press Street and Harding S' treet $49,500.00 3 Remove and Replace Sewer Manhole on Medina Way $ 4,500.00 4 Install Alternative Island Avenue Trees /Remove and Replace Newport Island Alle Approach __ $17,500.00 TOTAL $89,250.00 A summary of the added project schedule is as follows: Estimated completion date per July 2011 Schedule: Project Awarded for Construction: Contract Completion Date Plus Approved Extensions: Actual Substantial Completion Date: ENVIRONMENTAL REVIEW: Central uaiboa Pavement Rehabilitation — Phase 1 Completion and Acceptance of Contract No. 4453 January 24, 2012 Page 3 January 13, 2012 April 12, 2011 January 18 , 2012 December 21, 2011 City Council found this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301 (Minor alterations of existing facilities with negligible expansion of the facilities) 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. Submitted by: A Director A. Location Map /L N m (ISLAND AVENUE, MEDIAN WAY, AND CYPRESS STREET) C -4453 4F / / ire BALRo BOU�,ARO PAa9C L octo CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LOCATINON SCALE 1'e4 53 CITY CLERK CITY OF NEWPORT BEACH �_ IZ- II my� NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 a.m. on the 81h day of March, 2011, at which time such bids shall be opened and read for CENTRAL BALBOA — PHASE 1 PAVEMENT REHABILITATION Contract No. 4453 $714,000.00 Engineer's Estimate WE Stephen G. Badum Public Works Director Prospective bidders may obtain Bid Documents, Project Specifications and Drawings by contacting Mouse Graphics at (949) 548 -5571 Located at 659 W. 19th Street, Costa Mesa, CA 92627 Contractor License Classification required for this project: "A" For further information, call Peter Tauscher, Project Manager at (949) 644 -3316 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http:llwww. newportbeachca. gov CLICK: Online Services /Bidding & Bid Results CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL BALBOA PHASE 1 PAVEMENT REHABILITATION CONTRACT NO. 4453 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 ........................................... .............................18 INFORMATION REQUIRED OF BIDDER ........................................ .............................19 NOTICE TO SUCCESSFUL BIDDER ............................................... .............................22 CONTRACT.................................................................................... ............................... 23 FAITHFUL PERFORMANCE BOND ................................................ .............................30 LABOR AND MATERIALS PAYMENT BOND .................................. .............................34 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL BALBOA PHASE 1 PAVEMENT REHABILITATION CONTRACT NO. 4453 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. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 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. I,orrry /od lady Printed Marne a d Title of Authorized Signator 3. -- p, - -2v►I Date 3s uE Contractor's License No. & Classification $6h 1i2c_ Bidder 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL BALBOA PHASE 1 PAVEMENT REHABILITATION CONTRACT NO. 4453 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten percent of the total amount orthe bid Dollars ($ l0 °/u ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of CENTRAL BALBOA PHASE 1 PAVEMENT REHABILITATION, Contract No. 4453 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 proiect 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 Ist day of March , 2011. Nobest Incorporated Name of Contractor (Principal) Ullico Casualty Company Name of Surety 2600 West Olive Ave., 5th Floor, Burbank, CA 91505 Address of Surety (818)333 -5195 Telephone Authorized AaerffSionature Matthew J. Coats, Attomey in Fact _ Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) tit D 11,1111 1 1 All CERTIFICATE OF ACKNOWLEDGMENT A State of California County of Orange On Zen l before me, Kay E. Anderson /Notary Public .(Here insert name and title of the officer) personally appeared Larry Nodland who proved to me on the basis of satisfactory evidence to be the personw) whose name�sTis /pesubscfibed to the within instrument and acknowledged to me that hel;he/f iwexecuted the same in his eiPauthorized capacit)go4, and that by his/tIWffi 'rsignaturgWon the instrument the personX, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. V hand and official seal. o(Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT „Critic or description of attached document) (Title or description of attached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER KAY E. ANDERSON U'' * Corporate Officer COMM. #1852452 0 - 0�'•,�,' NOTARYPUBLIC CALIFORNIA ORANGE COUNTY Critic) My Comm. ExpireaJuno 13. 9073 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT „Critic or description of attached document) (Title or description of attached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) * Corporate Officer President Critic) ❑ Parmer(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA v12.10.07 800 - 873 -9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California mutt contain verbiage exactly m appears above in the notary section or a separate acknowledgmem form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any ahenative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (f.e. certifying the authorized capacity of the signer). Please check the document carefullyfor proper notarial wording and attach dusform ifrequired • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the seine date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your tide (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing on incorrect forms (i.e. hdshddit,,- is lore ) or circling the correct fowls. Failure to correctly indicate this information may lead to rejection ofdocu nemf recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover icon or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk Additional information is not required but could help to ensure this aclmowledgment is not misused or attached to a different document. •' Indicate title or type of atached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document F State of California Countyof Orange On MAR 01 2011 before me Adelaide C. Hunter, Notary Public (insert name and title of the officer) personally appeared Matthew J. Coats who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/Ahe/thty executed the same in his/her/their authorized capacity(ies), and that by his/her/dicir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature A 1 VVW ADELAIDE C. HUNTER Commission 8 1808793 < -® Notary Public -- California Orange County My Comm. Expires Aug B, 2012 . ULLICO Casualty C mpany 1625 Eye Street, N.W. Wn D. C. 20006 LI ico Power o f Attorney KNOW ALL PERSONS BY THESE PRESENTS: That ULLICO CASUALTY COMPANY (the Company), a corporation organized and existing under the laws of the State of Delaware, does hereby constitute and appoint: Linda D. Coats, Matthew J. Coats, Douglas A Rapp . & Timothy D. Rapp of Linda D. Coats Surety Insurance Services, Inc. Its true and lawful Attorney (s) in fact with full authority to aecute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its busmen andto bind the Company thereby, in an amount not to exceed $5,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of ULLICO Casual[% Company at a meeting duly called the 15th day of July, 2009. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attomeyls) in Fact and anthorize the Auomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and in mach the seal of the Company thereto; and (2) to rernovc. at any tune, any such Attomry -in -Fact and revoke the authority given. And be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Auomey or certificate relating thereto by facsimile, and any such Power of Attorney so ==led and certified by facsimile signatures and facsimile seat shall be valid and biding open the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF. ULLICO CASUALTY COMPANY has caused this instrument to be signed and its corporate seal to be effaced by its authorvedofice this 1st day of March 20 11 . SiOENT Daniel Amnowitc President ULLICO Carnally Company, a Ddaware Corporation On this 16% day of July 2009, before me came the individual who executed the preceding instrument. to me personally known. and being by me duly MOM said that h: is the therein described and authorized officer of the ULLICO CASUALTY COMPANY. that the seal affixed to said instrument is the Corporate sral of saSl Company. that the said Corporate Seal and his signature were duly affixed. Notary Public CATHERINE M. OBRIEN NOTARY PUBLIC STATE OF MARYLAND MONTGOMERY COUNTY MY COMMISSION EXPIRES JANUARY 21, 2012 CERTIFICATE 1, Teresa E. Valentine, Sonia Vice President General Counsel and Secretary of ULLICO Casualty Company do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thcreto on this 16th day of July 2009 arc we and correct and are still in full force and effect I do further certify that that Daniel AronowiM who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attomey the duly elected President of ULLICO Casualty Company, In Testimony Whereof 1 have subscribed my time and affixed the facsimile seal of each Company this le day of July 2009. Teresa E. Valentine Senior Vice President, General Counsel & Secretary ULLICO Casually Company CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL BALBOA PHASE 1 PAVEMENT REHABILITATION CONTRACT NO. 4453 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: Vq fUe� L' / CG�C9 /�7� /h! SPU/PP Address 5RP�aFe Sal /E�a GpfP�a�s ���v /i;o�s Phone: P4 State License Number: Name: it OO Address: / q Phone: ©6 State License Number: 1, Name: Address: 5ew-�� y ,a /6 Phone: Slate License /Number: IUahPtifi Bidder z Signa tlre/Title CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL BALBOA PHASE 1 PAVEMENT REHABILITATION Bidders Name: CONTRACT NO. 4453 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: SPA q f�4 C ed No. 1 Project Name /Number Project Description Approximate Construction Dates: From: To: Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 9 REFERENCE LIST Page 1 No. 1 Project Name/Number.. Maintenance Service Agreement Project Description: Remove and Replace Concrete at Various Locations Approximate Construction Dates: From: 10/2008 To: In Progress Agency Name: City of Westminster Contact Person: Todd Miller Original Contract Amount $610,550 No. 2 Telephone: (714) 681 -3020 Final Contract Amount: In Progress Project Name/Number: Neighborhood Presidential St Imp. Various Locations 08 -003 Project Description: Concrete R & R Street Imp. Cold Planing, and Overlay Approximate Construction Dates: From: 10/2008 To: 3/2009 Agency Name: City of Huntington Park Contact Person: Pat Fu Telephone: (323) 584 -6253 Original Contract Amount: $646,000 Final Contract Amount: $770,000 Page 2 No. 3 Project Name/Number: ARRA Street Improvements Project Description: Concrete Construction, Coldmill, and Overlay Approximate Construction Dates: From: 3/2010 To: In Progress Agency Name: City of Huntington Park Contact Person: Pat Fu Original Contract Amount $1,599,981 No. 4 Telephone: (323) 584 -6253 Final Contract Amount $ In Progress Project Name/Number. California Avenue Rehabilitation ESPL - 5108(096) Project Description: Concrete Construction, Striping, Overlay, Tree Pruning Approximate Construction Dates: From: 1/2010 To: 4/2010 Agency Name: City of Long Beach Contact Person: Dan La France Telephone: (562) 577 -8339 Original Contract Amount: $421,000 Final Contract Amount: In Progress NOBEST REFERENCE LIST Page 3 No. 5 Project Name/Number: Annual Sidewalk Curb & Gutter Improvements Project Description: R & R Concrete Sidewalks, Curb & Gutter and Alleys Approximate Construction Dates: From: 10/2008 To: 12/2009 Agency Name: City of Long Beach Contact Person: John Dela Cruz Original Contract Amount: $8,000,000 No. 6 Telephone: (949) 521 -9847 Final Contract Amount: $6,216,268 Project Name/Number: Improvements of Alleys @ Various Locations Project Description: Remove and Replace Concrete Alleys Approximate Construction Dates: From: 3/2008 To: 6/2008 Agency Name: City of Huntington Park Contact Person: Pat Fu Telephone: (323) 584 -6253 Original Contract Amount: $354,019 Final Contract Amount: $ 354,019 NOBEST REFERENCE LIST M] No. 7 Project Name/Number. Annual Sidewalk Repair at Various Locations Project Description: Remove and Replace Concrete Approximate Construction Dates: From: 6/2008 To: 12/2009 Agency Name: City of Anaheim Contact Person: Dennis Vasquez Original Contract Amount: $1,260,600 RM Telephone: (714) 765 -6936 Final Contract Amount: $ 1,000,000 Project Name/Number: Annual Cross Gutter Repair at Various Locations Project Description: Remove and Replace Concrete Approximate Construction Dates: From: 6/2008 To: 12/2009 Agency Name: City of Anaheim Contact Person: Dennis Vasquez Telephone: (714) 765 -6936 Original Contract Amount: $1,101,688 Final Contract Amount: $ 1,101,688 No. 2 Project Name /Number Project Description Approximate Construction Dates: From: Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency 97 any claims against you /Contractor? If yes, briefly explain and indicate outcorrl,%of claims. No. 3 Project Name /Number Project Description Approximate Construction Dates: From: Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 10 No. 4 Project Name /Number Project Description Approximate Construction Dates: From: To: Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change (hrders, extra work, etc.) Did you file any claims against the Agency? Did the A ncy file any claims against you /Contractor? If yes, briefly explain and indicate o • me of claims. P� No. 5 Project Name /Number Project Description Approximate Construction Dates: From: Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 6 Project Name /Number Project Description Approximate Construction Dates: From: To: Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information comprehensive to permit an appraisal of the Contractor's current financial conditions. /y�'% 1 Zhc: Bidder 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL BALBOA PHASE 1 PAVEMENT REHABILITATION CONTRACT NO. 4453 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of (IPah�e ) (�Lri {2lo6llaud , being firs] duly sworn, deposes and says that he or she is ACS ;dea+ of /1�oX -5!- Z/1 C. ; the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation;' that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is tr $(e and �P5 -,Weat Bidder Subscribed `and sworn to (or affirmed) before me on this 2-\ day og MA P c {.L , 201 by �-t KLZ� i t-i 0101- tJD , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ('xQy -` - Notary Pu n [SEAL] / My Commission Expires: (0-1-1-2013 13 KAYE.ANDEttSON ' COMM. #1852452 O U1� {. NOTARYPUBLIC -CALIFORNIA ORANGE COUNTY NIYCO E>rplrmJu IJ. 2017 13 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL BALBOA PHASE 1 PAVEMENT REHABILITATION CONTRACT NO. 4453 DESIGNATION OF SURETIES Bidders Name: ��IJ�Psf �/1 �• 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): "dq ( oa fS Sure f,, SP�v Y ;l /s 2 &1a 7 Y) q 7- 00 /le5101ie //54ra��ce �P/y;cPs g C060crafe Palk T- rt/Coe Cq 9 423 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL BALBOA PHASE 1 PAVEMENT REHABILITATION CONTRACT NO. 4453 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name: fc)M;t -Tnt -. 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. f61 Current Record Record Record Record Record Yearof for for for for for Record 2010 2009 2008 2007 2006 Total 2011 No. of contracts 'a a7 [f 1,0S Total dollar Amount of 2 !J ! 3 '7 q 3o3 -3 J39 Contracts (in Thousands of $ No. of fatalities D 0 0 Q O No. of lost Workday Cases jj,� C/ 0 0 Q No. of lost workday cases involving 0 /» permanent (� C) l../ transfer 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. f61 Legal Business Name of Bidder ltlobe.5 f Business Address: 7TQ0 C4P�0 Business Tel. No.: State Contractor's License No. and Classification: Title PIr5iflP/7t- The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set forth along with the County. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or if fewer than all of the partners /joint ventures submit with evidence of authority to act on behalf of the'partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners /joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose names are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT AND CORPORATE SEAL MUST BE ATTACHEDI i[:1 PROF V11 I I - I f V ' � CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On 3- S -2.ot( before me, Ray E. Anderson /Notary Public (Here insert name and title of the officer) personally appeared Larry Nodland and Robert Nodland II who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)�sIare subscribed to the within instrument and acknowledged to me that)l6Wthey executed the same in 4as`/tWtheir authorized capacity(ies), and that by 1hislWtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. KAYE.ANDERSON O my d and official seal. COMM. #1852452 O V " NOTARYPUBLIC- CALIFORNIA „i O ORANGE COUNTY MyCorrvn. ExplunJune 1a. 2013 bug of Notary Public (Notary Scal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT „ (ritle or description of attached document) (Title or description of attached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIIvfED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (title) ❑ Partner(s) ❑ Attomey -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA v12.10.07 800. 873 -9865 www.NotaryClasms.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage ¢rattly as appears above in the Many section or a separate acknowledgment form must be property completed and attached to that document The only ezception is f a document is to be recorded mande of Cal forma. In such instances, any alternative acbumledgmera verbiage as may be primed on such a doaanem so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. terrifying the authorized capacity of the signer). Please check the document carefullyfor proper notarial wording and attach rhisform ifreq fired. • State and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then you title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plum] forms by crossing off incorrect forms (Le. h lsheffimy, is fare) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary sea] impression must be clear and photographically reproducible. hnpression must not cover mid: or lines. If seal impression smudges, re-sea] if a ffi sucient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. O Additional information is not required but could help to ensure this acknowledgment is not misused or atached to a different document Indicate tine or type of ached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, iodicare the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL BALBOA PHASE 1 PAVEMENT REHABILITATION CONTRACT NO. 4453 ACKNOWLEDGEMENT OF ADDENDA Bidders Name: The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature it CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL BALBOA PHASE 1 PAVEMENT REHABILITATION CONTRACT NO. 4453 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: /� G Name of individual Contractor, Company or Corporation: Business Address: �1 / 00 I / C,�'C'r Q Ale. asUP/1 G/D(/e 67 9;fof Telephone and Fax Number: California State Contractor's License No. and Class: �5��°�V /7 (REQUIRED AT TIME OF AWARD) Original Date Issued: Z1--19 Expiration Date: C —N / 2 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: Mike G.eur;t- Ertr���tor 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 1—af ll /110a'lig4,1 l'/PiiaP!?f %/tea fayr/' Corporation organized under the laws of the State of C lr -'0l-,12 it The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: 41/4 19 All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties: Briefly summarize the parties' claims and defenses: 1Y/14 Have you ever had a contract terminated by the owner /agency? If so, explain. I* Have you ever failed to complete a project? If so, explain. An 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 la compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Ye Are any claims or actions unresolved or outstanding? Yes N If yes to any of the above, explain. (Attach additional sheets, if necessary) 20 Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. Bidder (Print name of Owner Corporation /Company), Title Date On 3 2 <Or( before me, )6,v E A`10e'::;'sC Notary Public, personally appeared who proved to me on the basis of satisfacto evidence to be the personal whose name(a) is /ace subscribed to the within instrument and acknowledged to me that he /s1a&114eyexecuted the same in his /tocftl;I& authorized capacity(ies , and that by his /her /tlar i signature(sr on the instrument the person(s -; 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. Nota P� lic i and for said State My Commission Expires: 6 --/3 ` 2-0/5 21 (SEAL) KAY E. ANDERSON COMM. #1852452 O �% "�` •yy 0 NOTARY PUBLIC -CALIFORNIA O ORANGE COUNTY MYCo - Expires JUM 13. 2013 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL BALBOA PHASE 1 PAVEMENT REHABILITATION CONTRACT NO. 4453 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property- Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 22 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL BALBOA PHASE 1 PAVEMENT REHABILITATION CONTRACT NO. 4453 CONTRACT THIS CONTRACT FOR PUBLIC WORKS ( "Contract') is entered into this day of 2011, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter City( "City ") and NOBEST INCORPORATED, a California corporation ( "Contractor'), is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: CENTRAL BALBOA PHASE 1 PAVEMENT REHABILITATION The work necessary for the completion of this contract consists of (1) distributing construction notices to affected businesses and residents; (2) construction surveying; (3) removing existing pavement, sidewalk, curb and gutter, cross gutter, driveway approaches, alley approaches, local depressions, trees, and curb access ramps; (4) constructing P.C.C. streets, sidewalks, curb and gutter, local depressions, alley approaches, cross gutter, driveway approaches, and curb access ramps; (5) installing new tree trees and tree grates; (6) adjusting and replacing utility and survey facilities; (7) installing new pavement striping, curb painting, and raised pavement markers; and other incidental items to complete work place required by the Plans and Specifications 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. 4453, 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 23 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 Forty -Eight Thousand and 00/100 Dollars ($448,000.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 et seq.). E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY CONTRACTOR City of Newport Beach Public Works Department 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Attention: Peter Tauscher (949)644-3316 NOBEST INCORPORATED 7600 Acacia Avenue Garden Grove, CA 92841 714 - 892 -5583 714 - 373 -0039 Fax INSURANCE Without limiting Contractor's indemnification of City, and 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. Coverage and Limit Requirements. Workers' Compensation. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and employer's liability insurance with limits of at least one million dollars ($1,000,000) each type for Contractor's employees in accordance with the laws of the Itzll 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. 25 b. General liability insurance provisions. 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. 26 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 or the public; or for damage to property from any cause 27 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 (imitation 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. J. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. m IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the dates written below. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Date: If Leonie Mulvihill Assistant City Attorney !`7' ATTEST: Date: �ll� Leilani I. Brown City Clerk�p1 CITY OF NEWPORT BEACH A California Municipal Corporation and Charter City Date: Michael F. Henn Mayor NOBEST INCORPORATED A California corporation M Title: President Print Name: Larry Date: April 20, 2011 By: ,/e'p (Finy cial Officer) Title: Secretary Print Name: Robert Nodland II Date: April 20, 2011 W01 f n J i:; G. _, P 1 1�" CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On April 20, 2011 before me, Kay E. Anderson /Notary Public (Here insert name and title of the officer) personally appeared Larry Nodland and Robert Nodland II who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s),:sKaare subscribed to the within instrument and acknowledged to me that they executed the same in t}3s?t et7their authorized capacity(ies), and that by lyislWtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. "WE. ANDERSON my hand and official seal. COMM. #1852452 00 ..�. NCo..E PUBLIC 0 �u . ORANGE COUNTY My COINrI. Exphes Jut» 13. 2013 grove ofNotary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT „(Title or description of attached documem) (Title or description of attached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer ffhle) ❑ Partner(s) ❑ Attomey -in -Fact ❑ Trustee(s) ❑ Other 2008 version CAPA v12.10.07 800.873 -9865 www2JotaryClasses.com INSTRUCTIONS FOR COMPLETING TIES FORM Any acknowledgment completed in California must contain verbiage aractly as appears above in the norwy section or a separate acknowledgment form must be properly completed and arrached to that document The only exception is if a document is to be recorded outside of California In such instances, any alternative acknowledgment verbiage as may be primed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in Cal fonda r.e. certifying the authorized tapactry of the signer). Please check the document carefullyfor proper notarial wording and attach thisfarm ifrequired • State and County information in= be the State and County where the document signer(s) personally appeared before the notary, public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her time as it appears within his or her commission followed by a comma and then your title (notary public). • Print the names) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (Le, hdsheldwy- is lore) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording • The notary seal impression must be clear and photographically reproducible. Impression must not cover tent or lines. If seal impression smudges, re-seal if a sufficient area pennits, otherwise complete a different acknowledgment form • Signature of the notary public must match the signature on file with the office, of the county clerk Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. - Indicate the rapacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL BALBOA PHASE 1 PAVEMENT REHABILITATION CONTRACT NO. 4453 BOND NO. SB 015 000 145 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 7,720.00 being at the rate of $ 1723 per thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to NOBEST INCORPORATED, a California corporation, hereinafter designated as the "Principal ", a contract for construction of CENTRAL BALBOA PHASE 1 PAVEMENT REHABILITATION, Contract No. 4453 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. 4453 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Ullico Casualty Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport Beach, in the sum of Four Hundred Forty -Eight Thousand and 001100 Dollars ($448,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and 30 it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 20th day of April 2011. Nobest Incorporated Bidder Ullicw Casualty Company Name of Surety 2600 West Olive Ave., 5th Floor, Burbank, CA 91505 Matthew J. Coats, Attorney in Fact Address of Surety Print Name and Title (818)333 -5195 _ Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 31 CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On April 20,2011 personally appeared before me, Kay E. Anderson /Notary Public (Hem intro name and title of the officer) Nod]-and who proved to me on the basis of satisfactory evidence to be the person(e) whose namej:syis /subscribed to the within instrument and acknowledged to me that heodfhexecuted the same in his/jler/t}eif'authorized capacity, and that by hisBiel/tpeir signatureWon the instrument the person; or the entity upon behalf of which the personWacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of C— alifornia that the foregoing paragraph is true and correct. KAY E. ANURSON (/ COW #1852452 0 ��RTATC O ` ��, NOTARY PUBLIC- CALIFORNIA YYITNE my d and official seal. „t ORANGE COUNTY ',�._/ MY Comm. Evkesjvne 13. 2013 of Notary Public Sign bum ��� (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT „(Tide or description of attached document) (Tide or description of attached document Number of Pages _ Document Date (Additional CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ® Corporate Officer President (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 version CAPA vl2.10.07 800 - 873 -9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must cocain verbiage exactly as appears above in the rotary section or a separate acknowledgment form must be properly completed and aniached to that document The only exception is if a document is to be recorded outside of California In such instances, any alternative acknowledgment verbiage as may be primed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the docwnent carefullyfor proper notarial wording and aoch this form if required. • State and County information must be the State and County where the document signer(s) personalty appeared before the notary public for acknowledgment • Dam of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed • The notary public mutt print his or her name as it appears within his or her commission followed by a corona and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. helshcldwjy is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover tw or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk Additional information is not required but could help to ensure this aelmowledgmem is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely anach this document to the signed document State of California County of Orange On APR 2 0 20t1 before me Adelaide C. Hunter, (Votary Public (insert name and tide of the officer) personally appeared Matthew J. Coats who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/shdthcy executed the same in his/hcr/thcir authorized capacity(ics), and that by hisAmr/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my band and official seal. .Signature /4 -'I'l VI1q ADELAIDE C. HUNT-R Commission # 1808793 < , -m Notary Public -- California ' Orange County '- "' My Comm. Expires Aug 8, 2012 vullico U reef, CasWashington ompany 1625 Eye StrcG. N W ttorne D.C. 20006 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS That ULLICO CASUALTY COMPANY (the Company ), a corporation organized and existing under the laws of the State of Delaware, does hereby constitute and appoint: Luida D Coats. Matthew I Coats, Douglas A. Rapp , & Timothy D Rapp of Coats Surety Insurance Services, Inc. Its we and lawful Attorney(s) in fact with full authority to execute on its behalf bonds, undertalungs, recogniznces and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby. in an amount not to exceed $5,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board ofDirectors of ULLICO Casualty Company at a meeting duly called the 15th day of July. 2009. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to- Ili Appoint Ancrney(s) in Fact and authorize the Attamey(si in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other wiitings obligatory in the nature thereof and to attach the seal of the Company thereto, and (2) to remove, at any tune, any such Attorney -in -Fact and revoke the authority given And be it FURTHER RESOLVED. That the signatics of such officers and the sal of the Company may be affixed to any such Power of Attorney or milifiate rdatmg thereto by facsimile . and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached IN TESTIMONY WHEREOF, ULLICO CASUALTY COMPANY has caused this instrument to be signed and its corporate sal to be affixed by its authorized office this I6th day of July. 2009. L"ll ) r Danid Amnowitz Resident ULLICO Casualty Company, a Delaware Corporation On this 161h day of July 2009, before me came the individual who executed the preceding instrument, tome personally known, and being by me duty swom said that he IS the tierem described and authorized officer of the ULLICO CASUALTY COMPANY, that the seal affixed tumid Instrument is the Corporate seal of said Company, that the said Corporate Seal and his signature were duly affixed Notary Public CATNERINEM OBRIEN NOTARY PUBLIC STATE OF MARYLAND MONTGOMERY COUNTY MY COMMISSION EXPIRES JANUARY 21, 2012 CERTIFICATE I, Teresa E. Valentine, Senior Vice President, General Counsd and Secretaryof ULLICO Casualty Company. do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuantthereto on this 20th dayof April 20 11 are true and correct and are sill in Hull force and e f f e c t . I do furthct certify that that Damel Arcncwdz who executed the Power o f A t t o r n e y as President. was om the date of execution of the attached Power of Attorney the duly elected President of ULLICO Cawalty Company, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 20th day of April 20 11 Teresa E. Valenupe Senior Vim President General Counsel & Seeretary, ULLICO Casualty Company CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL BALBOA PHASE 1 PAVEMENT REHABILITATION CONTRACT NO. 4453 BOND NO. sB 01 s 000 145 Premium: Included wilh Performance Bond LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to NOBEST INCORPORATED, a California corporation, a hereinafter designated as the "Principal," a contract for construction of CENTRAL BALBOA PHASE 1 PAVEMENT REHABILITATION, Contract No. 4453 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. 4453 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, Ole the undersigned Principal, and, Ullico Casualty Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of Four Hundred Forty -Eight Thousand and 001100 Dollars ($448,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor [hereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to (hem or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 el. seq. of the Civil Code of the State of California. And Surely, f'or value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder 34 or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this 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 20th day of April 2011. NOBEST INCORPORATED Bidder Ullico Casualty Company Name of Surety 2600 West Olive Ave., 5th Floor, Burbank, CA 91505 Address of Surety (818)333 -5195 Telephone Matthew J. Coats, Attomey in Fact _ Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED CALIFORNIA AI LL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT T State of Cal ifomia County of Orange On April 20,2011 before me, Kay E. Anderson /Notary Public (Here insert name and title of the officer) personally appeared Larry Nodlaud who proved to me on the basis of satisfactory evidence to be the person whose namej(.�Yis /subscribed to the within instrument and acknowledged to me that he /,sIR'/fhh -_r executed the same in his/-4r/fbeGauthorized capacity, and that by his/�Iefper signatureXon 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 oLCalifornia that the foregoing paragraph is true and correct. i KAY E. ANDERSON = ° COMM. #1852452 0 C) 1:° NOTARY PUBLIC - CALIFORNIA WITNE my h d and official seal. 0 �n1 ORANGE COUNTY s]`T MY Comm, ExpiresJureuno J. 207) Si lure of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT „(Tide or description of attached document) (Title or description of attached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAMIED BY THE SIGNER ❑ Individual (s) I@ Corporate Officer President (Tide) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 version CAPA v12.10.07 800 - 873 -9865 www.NotaryClasses.mm INSTRUCTIONS FOR COWL LETING THIS FORM Any acknowledgment complered in California must contain verbiage eracrly as appears above in the notary section or a separate acknowledgment farm must be properly completed and attached to that document The only erceprion is if a docuai m is to be recorded onside of California In such instances, any alternative acb,owledgmem verbiage as may be printed on such a document so long as the verbiage does nor require the rotary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefullyfar proper notarial wording and atoch this form if required • State and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public mutt print his or her name as it appears within his or her commission followed by a cornea and then your tide (notary public). • Print the annals) of document signer(s) who personally appear at the time of notarintion. • Indicate the coned singular or plural forms by crossing on incorrect forms (i.e. hdsheltbay- is tare) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording, • The notary seal impression must be clear and photographically reproducible. Impassion man not cover text or lines. If seal impassion smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. •? Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document State of California County of Orange On APR 2 0 2011 before me, Adelaide C. Hunter, Notary Public (insert name and title of the officer) personally appeared Matthew J. Coats who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that hefshefdrey executed the same in his/her/their authorized capacity(ies), and that by hisfhcrftheir signature(s) on the instrument the person(s), or the entity upon behalf ofwhich the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. @MY ADELAIDE C. HUNTER Commission # 1808793 Notary Publlc -- California Signature H Oran ge County C "rnm`8. 2011:' rul, I�O Sired, Casual Company 1625 Eye Street, N. W. Washington toe D 20006 Power of 1ttorney KNOW ALL PERSONS BY THESE PRESENTS That ULLICO CASUALTY COMPANY (the Company). a corporation organized and existing unda the laws of the State of Delaware, does hereby constitute and appoint Luther D. Coats. Matthew J. Coats. Douglas A Rapp. & Tunothy D Rapp of Coats Surety Insurance Services, Inc. Its we and lawful Attorney (s) in fact with full authority to execute on its behalf bands, undertakings. recognuances and other contracts of indemnity and writings obligaton,, in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $5,000,000 00. This Power of Attorney is granted and is signed and sealed by facsimile undo and by the authority of the following Resoluum adopted by the Board of Directors of ULLICO Casualty Cornpany, at a mecung duly called the 15th day of July. 2009 RESOLVED' That the Board of Directors hereby authorizes the President or any Vice President of the Company to (1) Appoint Attomey(s) to Fact and authorize die Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other wrmngs obligatory to the nature thereof and to attach the seal of the Company thereto, and (2) to remove at any time, any such Attorney -m -Fact and revoke the authority given And be u FURTHER RESOLVED, That the signatures of such officers and the sal of the Company may be affixed to any such Power of Attomey or cetnUcate relating thereto by facsimile. and any such Power of Attorney so aea[ed and certified by facsmWe signatures and facsimile seal shall be valid andbtdmg upon the Company in the future with therespect to any bond or undertaking to which it is attached IN TESTIMONY YVIiEREOF, ULLICO CASUALTY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized office this 16th day of July, 2009 1 SIOENT Daniel Auonowitz President ULLICO Casualty Company, a Delaware Corporation On this 16th day of July 2009, before me came the individual who seated the preceding instrument, to me personally known, and being by me duty swom said that he is the therein desahbed and authonzed ofhca of the ULLICO CASUALTY" COMPANY, that the seal affixed to said mmument is the Corporate seal of seta Company, that the said Corporate Seal and his signature were duly affixed. dafary Public CATHERINE OBRIEN NOTARY PUBLIC STATE OF MARYLAND MONTGOMERY COUNTY MY COMMISSION EXPIRES JANUARY 21, 2012 CERTIFICATE I. Teresa E. Valentine. Swim Vice President. Gina al Counsel and Secretary of ULLICO Casualty Company, do baby catifj that the foregoing resolution of the BoardofDirectorsandthis Powaot Attorney hssuedpimensal thereto on this 20th dayof___ April_ ,20 II are We and coned and are still in full force and effect I do further cer ufy that that Daniel Aronomtz, who seated the Power of Attorney asPreshdaA was on the date of atectdhon of the attached Power of Attorney the duly elected President of ULLICO Casualty Company, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 2Oth day of April 20 11 TeresaE Vainame Senior Vim President, General Counsel & Seaaary ULLICO Casualty Company CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 4/202011 Dept./Contact Received From: Date Completed: 4/21/2011 Sent to: Sliauite By: _ Company /Person required to have certificate: Nobest, Inc. I. GENERAL LIABILITY A. INSURANCE COMPANY: Landmark American Ins. Co B. AM BEST RATING (A-: VII or greater): A, Xll C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? Yes 0 No FX D. LIMITS (Must be $1 M or greater): What is limit provided? $1,000,000 E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) YesF_Xj No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Yes FX No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? Yes F7X No H. CAUTION! (Confirm that lass or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? Yes No FX I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. Will mail 11. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Peerless Insurance Company B. AM BEST RATING (A-: VII or greater) A,XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Yes No D. LIMITS (Must be $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 I_ _ No F. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. Will mail III. WORKERS' COMPENSATION A. INSURANCE COMPANY: Traveler's liidemniw Company B. AM BEST RATING (A -: VII or greater): A:.XV_ C. LIMITS: Statutory x D. WAIVER OF SUBROGATION (To include): Is it included? Yes FE No HAVE ALL ABOVE REQUIREMENTS BEEN MET? NOTES: Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach Yes F No 0 General Liability Carrier is non - admitted and requires Risk ORequires approval /exception /waiver by Risk Management Comments: Approved: Management Date Date B &B initials G CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL CENTRALBALBOA - PHASEI PAVEMENT REHABILITATION CONTRACT NO. 4453 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. 4453 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization @ 1eNenf ,t- 1110 Ue'Nand Dollars and 041 /vd Cents $ Per Lump Sum 2. Lump Sum Traffic Control @ Fi&eeh %//0*?, Dollars and /Ud Cents Per Lump Sum 3. Lump Sum Surveying Services @ rl'P4, Ph ThOuSaid Dollars p r and 0/0) Cents Per Lump Sum PR2of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 800 L.F. Remove and Construct P.C.C. Type "B" Curb @ Dollars Ali and Cents pq $ j l: � $ 0e, rr Per Linear Foot 5. 500 L.F. Remove and Construct P.C.C. Type "A" Curb and Gutter @ I {1 r %�Y /J l ��d Dollars and Cents $ r �j pO $ �> 0�/�/ J Per Linear Foot 6. 1 EA. Prune Tree Roots @ �ejTUl/QdN/ Dollars and Cents $ $12d- Per Each 7. 6 EA. Tree Removal d s�Xtr @ YOUR %duo fP Dollars ��// and (yp) Cents $ 7 Oi $ 7 a Per Each 8. 12 EA. Install 36 -inch Box 'Tristania laaurina' (Water Gum) @ 91Y -7h9G5 9J SeUPy Dollars and 011 9/4 Cents $t $ 00 Per Each 9. 2,500 TN. Remove Existing Pavement and Subgrade @7h,/fy'�oq✓ Dollars and ° y Cents $ 3 $ OCR `r Per Ton 10. 100 TN. Install 4 -Inch Thick Crushed Miscellaneous Base @ Dollars ��pp rr _ lud Cents $ .7Q• a� $ Per Ton FIR 3of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 11. 28,000 S.F. Construct 7 -Inch Thick P.C.C. Roadway @ Three Dollars m and Cents $ _ $ 87 //tt �a0 Per Square Foot 12. 15,000 S.F. Construct 6 -Inch thick P.C.C. Roadway in Medina Way Dollars Q 0 and Si �fV Cents $ �. 6 $ �9Jed Per Square Foot 13. 600 S.F. Remove and Construct P.C.C. Alley Approach @ Dollars r and o _o r /aV Cents $ $ S� Per SrPe quare Foot 14. 1,300 S.F. Remove and Construct 4-Inch Thick P.C.C. Sidewalk @ Dollars and /Y J Cents Per Square Foot 15. 400 S.F. Remove and Construct 8 -Inch Thick P.C.C. Cross Gutter @ _r�`/ Dollars /�11 e10 Cents $ �Q• $ 7 Per Square Foot 16. 3 EA. Reconstruct Catch Basin and Construct Local Depression @ IIell Dollars /�1 and � � n/� �a /�� Cents $ a' $ �� 0W. Per Each a 7. • e ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 17. 8 EA. Remove and Construct P.C.C. Curb Access Ramp 9'r #ayrd @ fine 7/10[13�i� Dollars and J �0 Cents Per Each $ l; 00 $ 18. 1 EA. Install Raised Truncated Domes and Grind Ramp Lip at Existing Access Ramp J��y @ Th�e� yu #J�d dollars and Cents $ 3 $ Per Each 19. 500 S.F. Remove and Construct Residential P.C.C. Driveway Approach @ SQd2N Dollars O 0101 Cents and 7 S l�r $ $ 3 �SQ. Per Square F of 20. 10 EA. Remove Existing Sewer Lateral and FurnishiInstall New Sewer Lateral (4' Minimum Length from Main) @ Dollars and /Y,9 Cents Per Each $ S $ SO ADD. �, 21. 1 EA. Remove an/d Install Ele�c/trical Pull Box ee�� and 7/ _' Ab Cents $ 00 $ SQ Per Each 22. 7 EA. Adjust Manhole Frame and Cover to Grade @Nee 11u41 eq 5' XDollars and 104 Cents Per Each PR5of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 23. 9 EA. Remove and Replace Water Valve Box and Cover to Grade @ I)Ige flllN4�P� Dollars and 0 ho Cents $ Per Each / 24. 14 EA. Remove and Replace Water Meter Box to Grade @ ON &17d1d Dollars n� and ', ae-1 Oa Cents Per Each 25. 30 EA. Remove and Replace Sewer Clean Out Box and Cover to Grade @ Qf/Q �lrN�l Dollars and /Vo Cents Per Each 26. 16 EA. Adjust Telephone Pull Box to Grade @ 017e >LiQrA &I Dollars and dl� eo Cents $ % $ 14 b� Per Each 27. 12 EA. Adjust Cable Television Pull Box to Grade @ ale 6AJ'f�' Dollars and /UQ Cents $ �UQ $ Per Each 28. 5 EA. Remove, Restore and Install Existing Sign on New Post @7'00 f ftdiW (r fiy Dollars llru and ts '0o Per Each PR6of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 29. Lump Sum Pavement Striping, Markings and Markers / @ Iwo 1 hoKe d Dollars n and �d10 Cents $ .l, Per Lump Sum 30. Lump Sum Provide As -Built Drawings @ Dollars q and I /SOD /0 Cents $ (/ Per Lump Sum 31. Lump Sum 180 -Day Plant Establishment and Maintenance 0usakd. yPerio11d// � %l'e W141,Dollars and -00 ` �D Cents $ >U Per Lump Sum TOTAL PRICE IN WRITTEN WORDS / `Y 7_%05, /,eo Dollars and lye) Cents $ 7 y� ��• Total Price (Figures) Date Bidder �jg �9� SS'83 �7 /y� 373 -OD3q Bidder's Telephone and Fax Numbers Bidder's thorize Signature and s��aa 7,�M %egc, Ale Bidder's License No(s). Bidder's Address and Classification(s) GaIWen Glove, CF 928gl Bidder's email address: / /J f:\ users \pbvAshared\wntracts\fy10 -11 \central balboa pvmt rehab c -4453\proposal c4453.doc PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS CENTRAL BALBOA PHASE 1 PAVEMENT REHABILITATION CONTRACT NO. 4453 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 1 2 -6 WORK TO BE DONE 1 2 -9 SURVEYING 1 2 -9.3 Survey Service 1 2 -9.6 Survey Monuments 2 SECTION 3 CHANGES IN WORK 2 3 -3 EXTRA WORK 2 3 -3.2 Payment 2 3 -3.2.3 Markup 2 SECTION 4 CONTROL OF MATERIALS 3 4 -1 MATERIALS AND WORKMANSHIP 3 4 -1.3 Inspection Requirements 3 4 -1.3.4 Inspection and Testing 3 SECTION 5 UTILITIES 3 5 -1 LOCATION 3 5 -2 PROTECTION 3 5 -7 ADJUSTMENTS TO GRADE 3 5 -8 SALVAGED MATERIALS 3 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 4 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 4 6 -7 TIME OF COMPLETION 4 6 -7.1 General 4 6 -7.2 Working Days 4 6 -7.4 Working Hours 4 6 -9 LIQUIDATED DAMAGES 5 6 -11 SEQUENCE OF CONSTRUCTION 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 6 7 -7 COOPERATION AND COLLATERAL WORK 6 7 -8 PROJECT SITE MAINTENANCE 6 7 -8.5 Temporary Light, Power and Water 6 7 -8.5.1 Steel Plates 6 7 -8.6 Water Pollution Control 7 7 -8.6.1 Best Management Practices and Monitoring Program 7 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 7 -10.1 Traffic and Access 7 7 -10.2 Storage of Equipment and Materials in Public Streets 8 7 -10.3 Street Closures, Detours, Barricades 8 7 -10.4 Public Safety 9 7- 10.4.1 Safety Orders 9 7 -10.5 "No Parking" Signs 9 7 -10.7 Notice to Residents and Temp Parking Permits 9 7 -15 CONTRACTOR LICENSES 10 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 10 SECTION 9 MEASUREMENT AND PAYMENT 10 9 -3 PAYMENT 10 9 -3.1 General 10 9 -3.2 Partial and Final Payment 16 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR AND RELATED MATERIALS 16 201 -1 PORTLAND CEMENT CONCRETE 16 201 -1.1.2 Concrete Specified by Class 16 201 -2 REINFORCEMENT FOR CONCRETE 16 201 -2.2.1 Reinforcing Steel 16 SECTION 206 MISCELLANEOUS METAL ITEMS 206 -7 SIGN POSTS SECTION 210 PAINT AND PROTECTIVE COATINGS 210 -1 PAINT 210 -1.4 Paint Materials SECTION 214 PAVEMENT MARKERS 214 -4 NONREFLECTIVE MARKERS 214 -5 REFLECTIVE PAVEMENT MARKERS 16 16 16 16 16 17 17 17 i`A 17 17 17 17 17 18 18 18 18 18 18 18 18 18 18 18 18 19 19 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General 300 -1.3.2 Requirements 300 -1.5 Solid Waste Diversion SECTION 302 ROADWAY SURFACING 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 302 -6.6 Curing SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General 303 -5.4 Joints 303 -5.4.1 General 303 -5.5 Finishing 303 -5.5.1 General 303 -5.5.2 Curb 303 -5.5.4 Gutter 16 16 16 16 16 17 17 17 i`A 17 17 17 17 17 18 18 18 18 18 18 18 18 18 18 18 18 19 19 SECTION 310 PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6.7 Layout, Alignment and Spotting 310 -5.6.8 Application of Thermoplastic SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT PART 4 — ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL SECTION 400 ALTERNATE ROCK PRODUCTS 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General 400 -2.1.1 Requirements STRIPING PLAN EXHIBIT Last saved by mlocey03 /22/2011 12:42 PM f.\ users' y�bw" sharcdlconbacls�nastcr5\rnastcrs for contract set up \master specs index.doc 20 20 20 20 21 21 21 21 21 21 SP 1 OF 21 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS CENTRALBALBOA - PHASEI PAVEMENT REHABILITATION CONTRACT NO. 4453 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R- 5989 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2009 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 consists of (1) distributing construction notices to affected businesses and residents; (2) construction surveying; (3) removing existing pavement, sidewalk, curb and gutter, cross gutter, driveway approaches, alley approaches, local depressions, trees, and curb access ramps; (4) constructing P.C.C. streets, sidewalks, curb and gutter, local depressions, alley approaches, cross gutter, driveway approaches, and curb access ramps; (5) installing new tree trees and tree grates; (6) adjusting and replacing utility and survey facilities; (7) installing new pavement striping, curb painting, and raised pavement markers; and other incidental items to complete work place required by the Plans and Specifications." 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize /follow the existing City survey records used for the project SP2OF21 design to provide all construction survey services that are required to construct the improvements. The design surveyor for this project is Penco Engineering, Inc. and can be contacted at (949) 753 -8111. At a minimum, two (2) sets of cut - sheets for all areas shall be included in the bid price and copies of each set shall be provided to City 48 -hours in advance of any work. In addition, the filing of a Corner Record and /or a Record of Survey with the County Surveyor's Office is required after the completion of Work. Prior to any demolition Work the Contractor shall prepare and submit the Corner Records for review by the City a minimum of three (3) working days before the anticipated Work. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and /or monuments damaged by the Work." 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. SECTION 3--- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 15 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SP3OF21 SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor." SECTION 5 - -- UTILITIES 5 -1 LOCATION. Add the following after the 3rd paragraph: "upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust or replace to finish grade City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor will be required to contact Southern California Edison, The Gas Company, AT &T, 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 -3432. SP4OF21 SECTION 6--- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed.' No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 60 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 151 (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 0, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve), December 25th (Christmas), and December 31St (New Year's Eve). If January 1St, July 4th, November 11th, December 24th, December 25th or December 31St falls on a Sunday, the following Monday is a holiday. If January 151, July 4th, November 11th December 24th, December 25th or December 31St falls on a Saturday, the Friday before is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:30 a.m. to 4:30 p.m., Monday through Friday. SP5OF21 The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $123.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,000.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $1,000.00 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." 6 -11 SEQUENCE OF CONSTRUCTION A. All off - street work items shall be completed and accepted prior to start of the adjacent roadway improvement work. B. Construction shall be executed in a manner to ensure unobstructed access to all garages and driveways during non - working hours. The Contractor, at a minimum, shall provide pedestrian access along Medina Way by the end of each work day. C. Construction shall take place in the following order: 1. Island Avenue 2. Cypress Street 3. Medina Way D. The Contractor shall schedule his work in order to minimize the inconvenience to the public. SP6OF21 1. The Contractor shall remove the entire roadway, compact the base, smooth trowel finish P.C.C. gutter portion of Medina Way first. The remaining portion of Medina Way will be constructed after all utilities have been adjusted to grade by the Contractor and Southern California Edison. Contractor shall coordinate adjustment prior to removals. Should any portions of Medina Way in the initial construction phase contain utility box es /vaults, that portion, not including the gutter, shall be blocked out to the nearest required cold joint or sawcut line and be constructed after the utility box has been adjusted to grade. Any utility boxes or vaults within '/< -inch of the design grade, as determined by the Engineer, may be marked as not requiring a grade adjustment. SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Department. The City must approve any nighttime work in advance. The Contractor shall provide and install new water meter and valve boxes. Existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operation Manager, at (949) 718 - 3402." 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7 -8.5.1 Steel Plates. Add this section: "Steel plates utilized for utility trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized SP7OF21 on arterial highways shall be pinned and recessed flush with existing pavement surface." 7.8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at 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. h. Cover stockpiled materials not actively being used- i. Protecting work areas from erosion. j. Provide street cleaning /sweeping where regular scheduled street sweeping activities are suspended. 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. SP8OF21 Pedestrian access to all buildings, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3). 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor 'shall restore the laydown area to its pre- construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detour plans shall meet the following requirements: 2) Emergency vehicle access shall be maintained at all times. 3) 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. 4) All advanced warning sign installations shall be reflectorized and /or lighted. 5) 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. Refuse collection occurs every Monday for this area." SP9OF21 6) The Contractor shall allow seven working days after Medina Way is opened to vehicular traffic on the alleys for utility adjustments by Southern California Edison. After boxes and vaults are adjusted to grade on Medina Way, the previous street section shall then be constructed. 7) The Contractor shall contact and coordinate with Southern California Edison for the utility box/vault adjustment." 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. 7 -10.7 Notices to Businesses and Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to all properties within 300 feet of the project limits, 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 all properties a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days SP 10 OF 21 shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award, and until completion of work, the Contractor shall possess a valid General Engineering Contractor "A" License. Payment Item No. 6, 7, and 8 shall be completed by a contractor with a valid "C -27" license. At the start of work and until completion of work, the Contractor and all Sub- contractors shall possess a valid Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the "As- Built" drawings. It shall be the Contractor's responsibility to arrange for the appropriate changes to be made to the final drawing set. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9--- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 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; coordinating with other SP 11 OF 21 agencies and utilities; notifying businesses and residents; attending meetings; and keeping records of existing conditions for the Contractor's protection; and all other related work as required by the Contract Documents. Item No.2 Traffic Control: Work under this item shall include, but not limited to, delivering all required notifications, temporary parking permits, and posting signs. In addition, this item includes traffic control and detour 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 signs, temporary striping, changeable message boards, and flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, latest edition, and City of Newport Beach requirements. Item No. 3 Surveying Services: Work under this item shall include, but not limited to, construction surveying, removing and replacing new survey monument frames and covers to grade per CNB STD - 116 -L, protecting survey monuments in frames, restoring all survey monuments and centerline ties disturbed, providing any and all surveying work required to complete the work in place. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. Item No. 4 Remove and Construct P.C.C. Type "B" Curb: Work under this item shall include, but not limited to, sawcutting, removing and disposing of the existing curb and gutter, compacting subgrade, constructing P.C.C. curb, reconstructing curb openings of existing curb drains and connecting curb drains, curb painting, re- chiseling of curb face for existing underground utilities, repainting curb where applicable, restoring all existing public and private improvements damaged by the work, and all other work items as required for performing the work complete and in place per CNB STD - 182 -L. Item No. 5 Remove and Construct P.C.C. Type "A" Curb and Gutter: Work under this item shall include, but not limited to, sawcutting, removing and disposing of the existing curb and gutter, compacting subgrade, reconstructing curb openings of existing curb drains, constructing and connecting curb drains, P.C.C. curb and gutter, curb painting, re- chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place per CNB STD - 182 -L. Item No. 6 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, importing soil, installing a root barrier, 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. Tree root pruning shall be completed by a C -27 licensed contractor. SP 12 OF 21 Item No. 7 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; preparing area for tree installation, if necessary; 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. 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. Tree removal shall be completed by a C -27 licensed contractor. Item No. 8 Install 36 -inch Box 'Tristania laurina' (Water Gum): Work under this item shall include, but not limited to, the cost of all labor, equipment, and materials for maintaining, furnishing and installing 36 -inch box 'Tristania laurina' (Water Gum), transportation, delivery, storage, soil testing, placement, additional soil amendments, and all other work items as required for performing the work complete in place. One color photograph with human or measuring scale shall be provided to the Engineer for approval prior to delivery. A color photograph of the tree shall be taken from the nursery in which the plants will be delivered for submittal. Each tree shall be equipped with a 48 -inch Quick Crete tree grate type QS- 48B -TG. Tree installation shall be completed by a C -27 licensed contractor. Item No. 9 Remove Existing Pavement and Subgrade: Work under this item shall include, but not limited to, sawcutting, removing, disposing existing alley or street, base, and subgrade, grading, compacting, and all other property work necessary to accommodate the new improvements. Item No. 10 Install 4 -Inch Thick Crushed Miscellaneous Base: Work under this item shall include, but not limited to, installing, grading and compacting the roadway with 4 -inch crushed miscellaneous base and all other work items as required to complete the work in place. This item may be removed or reduced in the contract at the City's discretion and no additional compensation shall be made for bid items removed or reduction, Item No. 11 Construct 7 -Inch Thick P.C.C. Roadway: Work under this item shall include, but not limited to, constructing the street with 7 -inch thick P.C.C. over compacted native sand or base material, joint filler, and all other work necessary to construct the roadway and per CNB STD -108 -L and STD - 109 -L, and all other work necessary to complete the work in place. Item No. 12 Construct 6 -Inch thick P.C.C. Roadway in Medina Way: Work under this item shall include, but not limited to, constructing Medina Way with 6 -inch thick P.C.C. roadway over compacted native sand or base material, joint filler, restoration of any private improvements damaged during construction and all other SP 13 OF 21 work necessary to construct the alley and street pavement complete and in place per CNB STD - 140 -L. A 4,000 psi P.C.C. mix design shall be on Medina Way. Item No. 13 Remove and Construct P.C.C. Alley Approach: Work under this item shall include, but not limited to, sawcutting, removing and disposing of the existing P.C.C. alley approach, compacting subgrade, constructing the alley approach per CNB STD -142 -L making repairs for damage to private property including, but not limited to, sod, decorative pavement, planters, ornaments, irrigation system and plants of the same type, color and size, and all other work items as required to complete the work in place. Item No. 14 Remove and Construct 4 -Inch Thick P.C.C. Sidewalk: Work under this item shall include, but not limited to, sawcutting, removing and disposing of the existing sidewalk, compacting subgrade, constructing the 4 -inch thick P.C.C. sidewalk per CNB STD - 180 -L, making repairs for damage to private property including, but not limited to, sod, decorative pavement, planters, ornaments, irrigation system and plants of the same type, color and size, and all other work items as required to complete the work in place. .. FIR _ M: o- IN -a. Item No. 156 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, 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. Item No. 16 Reconstruct Catch Basin and Construct Local Depression: Work under this item shall include, but not limited to, all labor and materials relating to sawcutting, removing, and disposing existing catch basin and local depression; reconstructing and widening the basin to ten feet (L =10'); constructing of local depression per CNB STD - 304 -L; including any required formwork or falsework; all joints as shown in standard plans and construction details; epoxy coated reinforcing steel; compacting subgrade, finishing, placing crushed aggregate base, base compaction, constructing, adjusting to curb & putter flow line; and all other incidentals, labor, materials, equipment, and work items as required to complete the work in place. SP 14 OF 21 Item No. 17 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, 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 (562) 716 -8677 of Southern California. 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. Item No. 18 Install Raised Truncated Domes and Grind Ramp Lip at Existing Access Ramp: Work under this item shall include, but not limited to, grinding and disposing concrete curb access ramp lip from the back of the depressed curb to flush against adjacent gutter or roadway; sawcutting, removing and disposing of conflicting portions of concrete access ramp, and 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 (562) 716 -8677 of Southern California. Item No. 19 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, 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. Item No. 20 Remove Existing Sewer Lateral and Furnish /Install New Sewer Lateral (4' Minimum Length from Main): Work under this item shall include, but not be limited to, exposing utilities in advance of the work, excavation, disposal, bypassing of sewer flow as required, connection to existing sewer lateral, control of ground or surface water, backfill, compaction, final trench re- surfacing and all other related final surface improvements, pre- and post - installation CCTV inspection, disposal of excess excavated materials, per CNB STD - 406 -L, and all other work necessary to construct the sewer lateral complete and in place. 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. 21 Remove and Install Electrical Pull Box: Work under this item shall include, but not limited to, removing existing electrical boxes, furnishing and SP 15 OF 21 installing a new #3 '/2 F electrical pullbox, concrete pull box per CNB STD -204 -L and STD -205 -L and all other work items as required to complete the work in place. Item No. 22 Adjust Manhole Frame and Cover to Grade: Work under this item shall include, but not limited to, adjusting, lowering, raising, and extending during pavement operations all manhole frames, grade ring, and cover to grade per CNB STD 111 -L and all other work items as required to complete the work in place. Item No. 23 Remove and Replace Water Valve Box and Cover to Grade: Work under this item shall include, but not limited to, removing, furnishing, and installing 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. Item No. 24 Remove and Replace Water Meter Box to Grade: Work under this item shall include, but not limited to, removing, furnishing, and installing 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. Item No. 25 Remove and Replace Sewer Clean Out Box and Cover to Grade: Work under this item shall include, but not limited to, removing, furnishing, and installing all sewer cleanout frames and covers per applicable portions of CNB STD - 511-L, covers shall be marked "Sewer ", and all other work items as required to complete the work in place. Item No. 26 Adjust Telephone" Pull Box to Grade: Work under this item shall include, but not limited to, adjusting telephone (AT &T) pull boxes to grade and relocating horizontally to be uniformly offset from centerline and all other work items as required to complete the work in place. The dimension shall be determined to minimize the horizontal relocations in any one alley. AT &T shall provide and replace all pull boxes. Contractor shall coordinate this work prior to adjusting to grade. Any pull boxes damaged during construction shall be replaced at the sole expense of the Contractor. Item No. 27 Adjust Cable Television Pull Box to Grade: Work under this item shall include, but not limited to, adjusting Cable Television (TWC) grade and relocating horizontally to be uniformly offset from centerline and all other work items as required to complete the work in place. The dimension shall be determined to minimize the horizontal relocations in any one alley. Any pull boxes damaged during construction shall be replaced at the sole expense of the Contractor. TWC will provide and replace all pull boxes. Contractor shall coordinate this work prior to adjusting to grade. Any pull boxes damaged during construction shall be replaced at the sole expense of the Contractor. Item No. 28 Remove, Store and Install Existing Sign on New Post: Work under this item shall include, but not limited to, but not limited to, removing and storing existing sign; installing sign on new 2" square Unistrut with 2 -1/4" Unistrut sleeve base SP 16 OF 21 in 12'x12 "x18" deep concrete footing, all other work items as required to complete the work in place. Item No. 29 Pavement Striping, Markings and Markers: Work under this item shall include, but not limited to, installing new thermoplastic and painted traffic striping per striping plan (Striping Plan Exhibit) and specifications, markings, pavement markers, and all other work items as required to complete the work shown on striping plans. Item No. 30 Provide As -Built Drawings: Work under this item shall include, but not limited to, all actions necessary to provide as -built drawings. These plans must be kept up to date and submitted to the engineer for review prior to monthly pay request. Item No. 31 180 -Day Plant Establishment and Maintenance Period: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for manpower, fertilizers, plant materials, supervision and all other items necessary to establish and maintain the planted tree until City acceptance. 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. In addition, Portland Cement Concrete for Medina Way shall be 4,000 psi. The Contractor shall provide concrete mix designs to Engineer for approval'. 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Grade 60 epoxy coated steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." SECTION 206 - -- MISCELLANEOUS METAL ITEMS Add to this Section: "206 -7 Sign Posts. The Contractor shall use Telespar Unistrut square posts with pre - galvanized finish. Post shall be installed with Telespar Unistrut single breakaway anchor base system." SECTION 210 - -- PAINT AND PROTECTIVE COATINGS 210 -1- PAINT SP 17 OF 21 210 -1.4 Paint Materials. Add to this Section: "All red curb paint shall be 'water base' red traffic paint, manufactured by Ennis Traffic Safety Solutions - (800) 331- 8118." SECTION 214 - -- PAVEMENT MARKERS 214 -4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non - reflective pavement markers types A and AY shall be ceramic." 214.5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass- covered reflective faces or be 3M Series 290." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: 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. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction." SP 18 OF 21 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words 1 2 inch" of the last sentence with the words "two (2) inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 302 - -- ROADWAY SURFACING 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 302 -6.6 Curing. Add to this section: "The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201 -1.1 -2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6 -7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement except along Medina Way where pedestrian access shall be provide at the end of each working day. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 303 -5.4 Joints 303 -5.4.1 General. Add to this section: "The Contractor may also sawcut the property lines, adjacent to the alley, in lieu of scoring the pavement along the property SP 19 OF 21 lines or constructing an edged cold joint. All sawcuts shall be made to a depth of 2 inches." 303 -5.5 Finishing 303 -5.5.1 General. Add to this section: "The Contractor shall patch back A.C., P.C.C. and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color." 303 -5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" or "W" for sewer or water lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718- 3402." 303 -5.5.4 Gutter. Add to this section: "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing all plant material that interfere with the work. The Contractor shall arrange to meet with the City's Urban Forester, Mr. John Conway at (949) 644 -3083 a minimum of five workdays prior to beginning the impacted work. The Contractor shall describe the method of pruning and removing minor tree roots that may be encountered during construction. The Urban Forrester will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he /she shall cease work at that location and immediately contact the City's Urban Forester for inspection. Upon inspection, the Urban Forester may require the Contractor to formally submit a plan for removing the large roots to the City for review. The submittal shall adhere to the following guidelines 1. Root Pruning a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. b. Roots shall be cleanly severed using a root - pruning machine, ax or comparable tool. 2. Arbitrary Root Cut SP 20 OF 21 a. A straight cut with a root - cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and /or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and /or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump - grinding machine instead of a root - pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre- approved by the City's Urban Forester. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: "The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 310 -5.6.8 Application of Thermoplastic. Add to this section: "Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at SP 21 OF 21 0.45 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re- install "NO PARKING, TOW- AWAY' signs and re- notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes /covers /damages existing striping and /or raised pavement markers outside of the work area, he shall re- stripe /replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." SECTION 312 - -- PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT. Amend this section with: "1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD - 902 -L. 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry." PART 4 SECTION 400 - -- ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General 400 -2.1.1 Requirements. Add to this section: "The Contractor shall use crushed miscellaneous base as the base materials." FAUsers%PBMShared\Contracls%FY 09- 10\Central Balboa Pvmt Rehab C- 44531SPECS C- 4453.doc CITY OF �gW PO'4T 0� NEWPORT BEACH «FERN'' City Council Staff Report Agenda April 12, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949 - 644 -3311, sbadumCa)newportbeachca.gov PREPARED BY: Peter Tauscher, Junior Engineer APPROVED: �T r..u✓J TITLE: CENTRAL BALBOA PAVEMENT REHABILITATION — PHASE 1 — AWARD OF CONTRACT NO. 4453 ABSTRACT: As part of the planned activities identified in the City's pavement management program, and as a follow -up to the recent underground utility work associated with UUD -101, staff advertised and has now received bids for Phase 1 of the Central Balboa Pavement Rehabilitation Project and is requesting City Council approval to award the contract to Nobest, Inc. RECOMMENDATION: 1. Approve the project drawings and specifications. 2. Award Contract No. 4453 to Nobest Inc. ( Nobest) for the total bid price of $448,000.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $112,000.00 (25 %) to cover the cost of unforeseen work and anticipated additional concrete street pavement not included in the original contract. 4. Approve Budget Amendment BA 11- transferring $55,520 from 7531- C2002038 (San Miguel Street Improvements) to 7531- C2002041 (Central Balboa Pavement Rehabilitation) and $2,300 from 7511- C2002038 (San Miguel Street Improvements to 7511- C2002041 (Central Balboa Pavement Rehabilitation). Central Balboa Pavement Rehabilitation — Phase 1 Award of Contract No. 4453 April 12, 2011 Page 2 FUNDING REQUIREMENTS: Upon approval the budget amendment, there are sufficient funds in the following accounts for the award of this contract: Account Description Gas Tax Water Enterprise Wastewater Enterprise AD 101 - Contingency AD 101- Street Rehabilitation Proposed uses are as follows: Account Number Amount 7181- C2002017 $ 449,844.50 7511- C2002041 $ 2,300.00 7531- C2002041 $ 55,520.00 74101 -9805 $ 48,335.00 74101 -9804 $ 19,000.00 Total: $ 575,000.00 Vendor Purpose Amount Nobest, Inc. Construction $ 448,000.00 Nobest, Inc. Construction Contingency 112,000.00 Harrington Geotechnical Geotechnical Services 14,000.00 Various Printing and Incidentals 1,000.00 Total: $ 575,000.00 Approximately $14,000.00 in geotechnical and material testing services is estimated for this project and will be performed under the on -call professional services agreement with Harrington Geotechnical Engineering, Inc., on an as- needed basis DISCUSSION: At 10:00 A.M. on March 8, 2011, the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low Nobest, Inc. $448,000.00 2nd All American Asphalt $507,507.00 3rd Grigolla & Sons Construction Company $606,170.00 The low total bid amount is 37% lower than the Engineer's Estimate of $714,000.00. The disparity between the estimate and the actual bid prices reflect a continued favorable construction market, and possibly a quantity of scale reduction as the low bidder ( Nobest) is currently working on the nearby "Ocean Front Street and Alley Replacement" project for the City. The low bidder possesses a California State Contractors License Classification "A" as required by the project specifications. A check of Nobest's references indicates satisfactory completion of similar projects for other Central Balboa Pavement Rehabilitation — Phase 1 Award of Contract No. 4453 April 12, 2011 Page 3 public agencies, including several projects for the City of Newport Beach. Given the favorable project unit prices by Nobest, staff recommends Council approve a 25% contract contingency limit with this contract award, totaling $112,000.00, so that staff can take advantage of the low unit prices to perform additional needed pavement rehabilitation work in the area. The work necessary for the completion of this contract consists of removing existing concrete streets, sidewalks, curb and gutter, curb access ramps, alley approaches and driveways; constructing street pavement, sidewalks, curb and gutter, curb access ramps, alley approaches and driveways; adjusting utilities to grade; installing new trees; reconstructing catch basins: and incidental items of work as required by the contract. Pursuant to the Contract Specifications, Nobest will have 60 consecutive working days to complete the work. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301. This exemption covers the minor alteration of existing public facilities with negligible expansion 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: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Ten days prior to starting work, a City prepared notice will be distributed by the contractor to residents within the project limits advising them of the pending work. Additionally, a second notice will be distributed by the contractor to residents two days before work will start adjacent to their property. Si ihmittarl hw Attachment: Location Map CENTRAL BALBOA PAVEMENT REHABILITATION PHASE 1 (ISLAND AVENUE, MEDIAN WAY, AND CYPRESS STREET) a C -4453 o� o. C e 2 p 0 q -y `� I `� t �� 3 � �`�'CJ. A PAORC OCFgN CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LOCATION MAP NOT TO SCALE A City of Newport Beach NO. BA- 11BA -041 BUDGET AMENDMENT 2010 -11 AMOUNT: $s7,a2o.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Expenditure Appropriations AND. Decrease in Budgetary Fund Balance PX Transfer Budget Appropriations PX No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To transfer expenditure appropriations from San Miguel Street Improvements to Central Balboa Pavement Rehabilitation. for Phase 1 work to be completed. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Description Signed: Financial Signed: Approval: City Services Director Amount Debit Credit $55,520.00 $2,300.00 Automatic $55,520.00 $2,300.00 /7/11 Date Ld-71 11 Date Signed: City Council Approval: City Clerk Date Description Division Number 7531 Sewer Main Replacement Account Number C2002038 San Miguel Drive Street Improvement Division Number 7531 Sewer Main Replacement Account Number C2002041 Central Balboa Pavment Rehabilitation Division Number 7511 Distribution & Piping Account Number C2002038 San Miguel Drive Street Improvement Division Number 7511 Distribution & Piping Account Number C2002041 Central Balboa Pavement Rehabilitation Signed: Financial Signed: Approval: City Services Director Amount Debit Credit $55,520.00 $2,300.00 Automatic $55,520.00 $2,300.00 /7/11 Date Ld-71 11 Date Signed: City Council Approval: City Clerk Date