HomeMy WebLinkAboutC-4915 - Storm Drain CDS Unit ConstructionOFFICE OF THE CITY CLERK
Leilani 1. Brown, MMC
March 26, 2014
PALP, Inc. dba Excel Paving Co.
2230 Lemon Avenue
Long Beach, CA 90806
Subject: Storm Drain CDS Unit Construction C-4915
On March 26, 2013 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 65 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 April
3, 2013. Reference No. 2013000201366. The Surety for the contract is Federal
Insurance Company and the bond number is 8229-94-00. Enclosed is the
Faithful Performance Bond.
Sincere0r
bwk�-'
Leilani I. Brown, MMC
City Clerk
Enclosure
100 Civic Center Drive + Post Office Box 1768 • Newport Beach, California 92658-8915
Telephone: (949) 644-3005 • Fax: (949) 644-3039 * www.newportbeachca.gov
City of Newaort Beach
STORM DRAIN CDS UNIT CONSTRUCTION
Contract No. 4915
BOND NO. 8229-94-00
The premium charges on this Bond is $ 1 438 00
being at the rate of $ vanes thousand of the Contract price.
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, awarded to PALP, Inc., dba Excel Paving Company, hereinafter designated as the
"Principal", a contract for construction of STORM DRAIN CDS UNIT CONSTRUCTION, Contract
No. 4915 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. 4915 and the
terms thereof require the furnishing of a Bond for the faithful performance of the Contrail;
NOW, THEREFORE, we, the Principal, and Federal Insurance Company
, duly authorized to transact business under the laws of the State of
California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport
Beach, in the sum of Two Hundred Sbrty-One Thousand, Four Hundred Fifty -Six and 00/100
Dollars ($261;466.00) 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.
29
As a part of the obligation secured hereby, and in addition to the face amount specified in
this Performance Bond, there shall be included costs and reasonable expenses and fees, including
reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an
action in law or equity against Surety to enforce the obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the work to be performed thereunder or to
the specifications accompanying the same shall in any way affect its obligations on this Bond, and
it does hereby waive notice of any such change, extension of time, alterations or additions of the
Contract or to the work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal in full
force and effect for one (1) year following the date of formal acceptance of the Project by the City.
In the event that the Principal executed this bond as an individual, it is agreed that the
death of any such Principal shall not exonerate the Surety from its obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named, on the 29st day of June , 2012.
�# t
PALP Inc., dba Excel Paving Co.
(Principal)
Federal Insurance Company
Name of Surety
15 Mountain View Road
Warren NJ 07059
Address of Surety
(908) 903-2000
Telephone
NOTARY ACKNOWLEDGMENTS OF
ATTACHED
Authorized Signaturerritie
Authorized Agent Sign
Timothy D. Rapp
Attomey in Fact
Print Name and Title
30
AND SURETY MUST BE
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Los Angeles
Onbefore me, _
personally appeared C. P. Brown
Phillips, Nota�Public
II{ttt utas name and title oht•e olG cal
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isW%subscribed to
the within instrument and acknowledged to me that he4haf3bay executed the same in histietslfhadr authorized
capacity(ies), and that by hisqWKAWksignature(s) on the instrument the persort 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.
WITNE S my hand and official seal.
Si f Notary Public
C. PNn LIFS
V" - Notary fust �' tdomla
ANGELES COUNry �
My Gomm. Err A.'1. iC 2012
(Newry Seal) -s. •.x.+ a::+a .. 111N
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(True or description of intsibed docunnil)
(Tittle or description ofuwched document continued)
Number of Pages _ Document Date_._
(Additional infnrmauon)
CAPACITY CLAIMED BY THE SIGNER
❑
individual, (s)
❑
Corporate Officer
❑
Paitner(s)
❑
Attorney-in-Pac(
❑
Trustee(s)
❑
Other
2008 Version CAFA c1210.07 804871.. y8f,1 .mon. NoluyGlasscs cnm
INSTRUCTIONS FOR COMPLETING THIS FORM
Any completed in Caltfomta must caetam verbhgt exactly err
opp<ecs above in the rotary sventon or a separate acbto eledlim eer /ornr, mart be
properly complefed and oneched to that documu nc "m only esceprim it jr, a
document is to be recorded mostde of California in such nunvices, any altern new
aeirwwfedgmera Verbiage err may be printed on such d dseddnert as tong as the
verbtars doer nil "quire the weary to do something that it dlegul for a notary In
Caltfornia (tis cerlWng the authorised cepmiry of tht ttgrrrr). Pkase check the
docunpret caefilyfor prayer motorial wordietq ani attach clujorc, ifnquired,
• Stam and County edomwtion must be unt Stare ami County where the document
aigo«(s) petsorulty appeared borate the nouty, public for acknowledgment.
• once of notarization most be tha date that the signar(s) personally appeared which
must also be the some dam aro acknowledgment Is completed.
• The notary public must print Ids or her time as it appears within his or her
commission followed by a conune and then your title (notary public).
• Print the tempts) of document signers) who personally appeu at the time of
nourization.
• Indicate the correct singular or plural forms by crossing off incorrect fomes tic,
#sdandkhey; is taw) or circling dere correct forms. ranine to correctly indicate this
informshon may lead to uppotion of document recording.
• -fk notary seal impression must be clear and phoregraphicelly reproducible.
Impression most not cover text or lines. If scat impression smudges, fe-seal if a
sufficient area permits, otherwise complete a ditfarent aclartowledgmeist form.
• Signature of dw notary public must match the signature on ale with tiro office of
the aunty cltdt.
<" Additional mtomaation is out [Nu," but could help to ensure this
iizlmwledgn pent is Trot misused or anached to a different docurneW
indicate title or rim of suachal document, number of pages fund dale.
r* Indicate the "pacify claimed by the signer. if the cln rnpi capacity is a
corporate otBcm, wdlt'Ale dm title (i c CFO, CFO, Socrotary)
ScGmnly attach this documwn it, tha signal documcnl
ACKNOWLEDGMENT
State of California
County of Orange )
On 06/21/2012 before me, Debra Swanson,Notary Public
(insert name and title of the officer)
personally appeared _ Timothy D. Rapp
who proved to me on the basis of satisfactory evidence to be the person* whose name(*) isAw
subscribed to the within instrument and acknowledged to me that helehat%ey executed the same in
his#A#A+eiFauthorized capacityo*, and that by hisgwwAheo signature(e) on the instrument the
person(*, or the entity upon behalf of which the person(e) 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.
� taN.osr,� DEBRASWANSON
WITNESS rry hand and official seal. `r °. COMM• # 18221t7
Na�a� �iasucc�.iroRi�a �
� " ORANGE COUNTY N
—tom S My Comm. Expres NOV 10, 2012
Signature ' l alp °: �, ,yno (Seat)
Chubb POWER Federal Insure Company Attn: Surety Department
OF Vigilant Insurance Company 15 Mountain View Road
Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07055
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE
COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY a Wisconsin corporation, do each hereby constitute and
appoint Douglas A. Rapp and Timothy D. Rapp of Aliso Viejo, California----_--__—_-----_--- — --
each as their true and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety
thereon or otherwise, bonds and undertakings and other wrongs obligatory in the nature thereof (other than ball bonds) given or MScuted in the course of business, and any
instruments amending or sharing the same, and consents to the modification or ateration of any instrument refarted to in said bonds or obligations.
In Whoseas Whereof. said FEDERAL INSURANCE COMPAXY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested
mesa presents and affixed ttreirmrporate seals on this 16th day of December, 2011
Kenneth C. Wendel, Assistant Secretary T . Norris, Jr., Vice President
STATE OF NEW JERSEY
ss.
County, of Somarsel
On this 16th day of December, 2011 before me, a Notary Public of New Jersey, personalty came Kenneth C. Wendel, to me
known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which
executed the foregoing Power of Attorney, and Me said Kenneth C. Wendel, being by me, duly sworn, did depose and say that he is Assistant Secretary of FEDERAL
INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knaves the corporate seals thereof, that the SUIS .affixed to the
foregoing Power. of Attorney aro such corporate seals and were thereto affixed by authority of the By- Laws of said Companies: and that he signed Said Power of Attorney as
Assistant Semotary of said Companies by like autortty, and that he is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the
signature of David B. Norris, Jr., subscribed to said Power of Attorney is in the genuine hoodwinking of David B. Norris, Jr., and was thereto subscribed by authority of said BY-
lavw and in depment's presence.
,Notarial Seal
a
ELw
NOTARY PUBLIC O 1. F NEW JFRSPf
Nee 2316665CoMMI1lakgn Eapirea JUIy 16,2074
CERTIFICATION
Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY:
'All powers of attorney for and on behalf of the Company may and shall be executed In the name and on bohat of the Company, either by the Chairman or the
President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The
signature of such officers may be engraved, Printed or lithographed. The 54urtum of each of the following officers: Chaimr un, President, any Vice PresltleM, any
Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be atfaed by facsimile to any power of attorney or to any
certificate reading thereto appointing Assistant Secretaries w Atb mays- in- Fact for purposes only of executing and onaMng bonds and undenakings and oter
writings oNgaouy in the nabee thereof, and any such Fewer of attorney or certificate bearing such fecsimlta signature or facsimile seat siren be valid and coal
upon this Company and any such power so executed and'cerufied by such facsimile Signature and facelmile Mat shall be valid and binding upon the ComPW
with respect to any bond or undertaking to which a is attached'
I, Kenneth C. Wendel, Assistant Secretary or FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY
(the "Companies') do hereby certify that
(i) the foregoing extract of the By- Laws of the Companies Is true and cAnecL
(ii) the Companies are duty licensed and authorized to transact surety business in all 50 of the Unded States of America and the District of Columbus and are
authorized by the U.S. Treasury Department: further, Federal and Vigilant are licensed in Puerto Rim and the U.S. Virgin Islands. and Federal is licensed in
American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island: and
Iiii) the foregoing Power of Attorney is true, correct and in full force and effect.
Gwen under my hand and seals of said Companies at Warren, W this 21st day of June, 2612.
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER
MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (906) 903. 3493 Fax (908) 903- 3656
e-mail: surety(Mchhubb.mm
Form 15.10.02258- U (Ed_ 5- 03) CONSENT
i
OF THE CITY CLERK
Leilard I. Brown, MMC
June 10, 2013
PALP, Inc. dba Excel Paving Co.
2230 Lemon Avenue
Long Beach, CA 90806
Subject: Storm Drain CDS Unit Construction - C4915
Dear PALP, Inc.:
On March 26, 2013, 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 65 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
April 3, 2013, Reference No. 2013000201366. The Surety for the bond is Federal
Insurance Company and the bond number is 8229-94-00. Enclosed is the Labor &
Materials Payment Bond.
Sincerely,
r ; N"
Leilani I. Brown, MMC
City Clerk
Enclosure
3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915
Telephone: (949) 644-3005 - Fax: (949) 644-3039 - www.city.newport-beach.ca.us
0 0
Contract No. 4915
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, has awarded to PALP, Inc., dba Excel Paving Company, hereinafter designated as the
"Principal," a contract for construction of STORM DRAIN CDS UNIT CONSTRUCTION, Contract
No. 4915 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 ars incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute Contract No. 4915 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,
Federal Insurance Company duly authorized to transact
business under the laws of the State of California, as Surety, (referred to herein as "Surety") are
held finely bound unto the City of Newport Beach, in the sum of Two Hundred Sixty -One
Thousand, Four Hundred Fifty -Six and 001100 Dollars ($281,456.40) 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
tlx: Civil Code of the State of California.
33
•
The Bond shall inure to the benefit of any and all persons, companies, and corporations
entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action
to them or their assigns in any suit brought upon this Bond, as required by and in accordance with
the provisions of Sections 3247 at. seq. of the Civil Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alterations or additions to the terms of the Contract or to the work to be performed thereunder
or the specifications accompanying the same shall in any wise affect its obligations on this Bond,
and it does hereby waive notice of any such change, extension of time, alterations or additions to
the terms of the Contract or to the work or to the specifications.
In the event that any principal above named executed this Bond as an individual, it is
agreed that the death of any such principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above named
Principal and Surety, on the 21st day of June 2072,
C.A. NOWN,PRESIDENT'
PALP Inc., dba Excel Paving Co.
(Principal)
Federal Insurance Company
Name of Surety
15 Mountain View Road
Warren, NJ 07059
Address of Surety
(908) 903-2000
Telephone
Timothy 0. Rapp
Attorney in Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
34
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Los Angeles
On 6 -fit - 17:k_ before me, C. Phillips, Notary Public _
-.. —
(IIme vuah titan, and title of the office) . _--
personally appeared C.P. Brown
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/,ft% subscribed to
the within instrument and acknowledged to me that he/akahhoy executed the same in his&wzYJmdr authorized
capacity(ies), and that by hisq%#AWksignature(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.
C A4
,i4 (Notary Public
cr h_Irs
�' Net ryt tb �p I ar�la ¢
(Notary Sal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description or attached document)
(Tide or description of attached documeat commued)
Number of Pages _ Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑
Individual (s)
❑
Corporate Officer
(Tide)
❑
Parmer(s)
❑
Attorney-imFact
❑
Trustee(s)
❑
Other
2008 Version CAPA vl2 IOD7 900-877-9965 whew NotaryClasscs coin
INSTRUCTIONS FOR COMPLETING THIS FORM
Any ocknawf<c(rrneN completed in Calfornio must contain verbiage erucrly a,
appear, abase in the rotary section or a ieparme akaosrledgme or form must be
properly completed and aaahed to that document. The only ucepeton it if a
document is to be recorded outside of Cal fo, a In arch imUnces, any drernarfve
ackno,rfedgatmor verbiage as may be primed on such a docwmew so lorg ar the
verbiage doe, nal require the notary to do soarlhing clear is dlrgol for a notary In
Calfamta (i.e. etrefying rhe mdlarised capacity of the signer,). Please check the
doctanem cAr Wiy far proper noearid warding and mrach ddr form (required
• State and County infomudon must be the State and County where the document
signets) prior IY appeared before the rotary public for acknowledgment
• Date of maturation must be the date that the signer(s) personally appeared which
must also be the sane date the acknowledgment is completed.
• The notary public most print his or her time as it appears within his or her
commission followed by a commie and then your title (noluy public).
• Print the mumps) of document signer(s) who personally appear at the time of
notariution.
• Indicate the coned singular or plural forms by crossing off incorrect fame (i.e.
hdshe/thoyr is law ) or circling the correct fortes. Fadure to correctly indicate this
information may lad to mjection of document recording.
-
• 'the notary seal impression must be clear and rhotographically reproducible
Impression must not cover tett or lines. If scat impression smudges, re -seal if e
sufficient era permits, otherwise complete a different acknowledgment form.
• .Signature of the notary public most match the signature oa file with dhe olive of
the county clerk.
0..• Additional infurnialion is not required but could help to ensure this
ackrwwlodgmenl is not misused or attached to it different docwnent.
Indicate tide or type of attached document number of pages and date.
S Indicate the capacity, claimed try the signer. If the claimed capacity is a
corporate officci, indicele die title (i e. CIFO, CFO, Secretary).
Securely attach this doaunxml to (he signed documeN
ACKNOWLEDGMENT
State of California
County of Orange }
On 0612112012 before me, Debra Swanson, Notary Public
(insert name and title of the officer)
personally appeared Timothy D. Rapp
who proved to me on the basis of satisfactory evidence to be the person* whose name(&) isiaw
subscribed to the within instrument and acknowledged to me that heAWw Way executed the same in
him authorized capacity(ia&), and that by hisihaWks' signature(4) on the instrument the
person(*), or the entity upon behalf of which the person(a) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the taws of the State of California that the foregoing
paragraph is true and correct.
'I -E. >e DEBRASWANSON
WITNESS my hand and official seal. rA coMwt. # 1822117 :C
w a NOTARY PUBJUASORNIA X
Ix ORANGE COUNTY IN
4' MyCoff" 0a�9V10 2012
Signature �. e ,_� (Seal)
Chubb TPOWER Federal Insurance Company Attn: Surety Department
OF Vigilant Insurance Company 15 Mountain View Road
Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059
Know All by These Presents, That FEDERAL
COMPANY, a New York corporation, and PACIFIC IN
appoint Douglas A. Rapp and Timothy D. Rapp
an Indiana corpwaticm, VIGILANT INSURANCE
isoonsin Corporation, do each hereby constitute and
each as their true and lawful Auormy- In- Fact to execute under such designation in Meir names and to affix their corporate smile to and deliver for and on their behalf as surety
thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any
instruments amending or ademrg the same, and consents to the modification or allocation of any instrument referred to in said bonds or obligations.
In 1siRness Whereof. said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and sheeted
theca presents and affixed a a r «upowte seats on this 16th dayot December, 2011.
Kenneth C. Wendel, Assistant Secretary r
STATE OF NEW JERSEY
County of Somerset ss.
On this 16th day of December, 2011 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me
known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, ere companies which
executed the foregoing Power of Attomey, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL
INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the
foregoing Paver of Attorney am such corporate seals and were thereto affixed by authority of the By. Laws of said Companies; and that he signed said Power of Attorney as
Assistant Secretary of said Companies by like authority; and that he is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies: and that the
signature of David B. Norris, Jr., subscribed to sold Powar of Attorney is in the genuine handwriting of David B. Norris, Jr., and Was thereto subscribed by au do ny of said By -
Laws and in deponent's presence.
Notarial Seal KATHERINE J. ADELAAR
a
NOTARY PUBUC l NEW JERSENn. 231iSb85CWMWUIon bPku arty 1b.2014
Nogry Pubsc
CERTIFICATION
Extract from the By. Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY:
'All powers of adomey for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the
President a a Vim President or an Assistant Vice President jointly with the Secretary or an Assistant Secretary, under their respective designations, The
signature of such offices may be engraved, printed or lithographed. The signature of each of the following offimm: Chairman, Presiders, any Vox President any
Assistant Vice President, any Secretary, any Assistant Secretary and me seat of the Company may be affixed by facsimile to any power of attorney or 0 any
wffcate Mean thereto appointing Assistant Seaetarm or Atkxneys- in. Fact for purposes only of executive and attesting bonds and undertakings and other
writings obligatory in the nature thereof, and any such pourer of attorney or mnifxate bearing such facsimile signature or facsimile seal shall be valid and ending
upon the Company and any such power oro executed and'mmhed by such facsimile signature and facsimile seal shall be valid and binding upon the Company
with respect to any bond or undertaking t0 Which it is attached.'
1, Kenneth C. Wendel, Assistant $ecretery of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY
(dre'Companies'j do hereby cartity that
(i) the foregoing extract of the By- Laws of the Companies is true and correct,
(ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are
authorized by the U.S. Treasury Department: further, Federal and Vigilant are licensed in Puerto Rim and the U.S. Virgin Islands, and Federal is licensed in
American Samoa, Guam, and each of the Provinces of Canada except Prince Edward island; and
(1a) the foregoing Power of Attorney is true, conact and In fulf force andeheot
Given under my hand and seals of said Companies at Warren. NJ this 21 St day of June, 2012.
zoldlis
Kenneth C. Weeder, Assistant Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER
MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903 3493 Fax (905) 903- 36%
e-mail: surety(Mchubb.com
Form 15-10.02258- U (Ed, 5- 03) CONSENT
RERVF— Recorded in Official Records
Orange County
RECORDING REQUESTED BY AND Renee Ramirez, Assistant Clerk -Recorder
WHEN RECORDED R #F R► T4 in: 94111R11111111111111IIIIIillllll'lllllllllllllllll!IIIIIIIII'llll111 NO FEE
5 7 3 9 1 8 8$
City Clerk 2013000201366 2:31 pm 04/03/13
City of Newport Beach 193 409 N12
3300 Newport Boulevard' " J .3.0o 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Newport Beach, CA 92663
I
"Exempt from recording fees
pursuant to Government Code Section 27383" 1�
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard,
Newport Beach, California, 92663, as Owner, and PALP, Inc. DBA Excel Paving
Company., as Contractor, entered into a Contract on June 12, 2012. Said Contract set
forth certain improvements, as follows:
Storm Drain CDS Unit Construction (C-4915)
Work on said Contract was completed, and was found to be acceptable on
March 26, 2013, by the City Council. Title to said property is vested in the Owner, and the
Surety for said Contract is Federal Insurance Company.
01
Public Works Director
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
Executed on I �1 V r� at Newport Beach, California.
r p
r
BY PG/�4
City Clerk \
•
OFFICE OF THE CITY CLERK
Leilani 1. Brown, MMC
March 27, 2013
Orange County Recorder
P.O. Box 238
Santa Ana, CA 92702
RE: Notice of Completion for the following projects:
• Jamboree Road improvements Bristol Street North To Fairchild Road
(Contract No. 4071)
• Storm Drain CDS Unit Construction (Contract No. 4915)
Please record the enclosed documents and return them to the City Clerk's Office.
Thank you.
Sincerel
Leilani 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
City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
"Exempt from recording fees
pursuant to Government Code Section 27383"
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard,
Newport Beach, California, 92663, as Owner, and PALP, Inc. DBA Excel Paving
Company., as Contractor, entered into a Contract on June 12, 2012, Said Contract set
forth certain improvements, as follows:
Storm Drain CDS Unit Construction (C-4915)
Work on said Contract was completed, and was found to be acceptable on
March 26, 2013, by the City Council. Title to said property is vested in the Owner, and the
Surety for said Contract its Federal Insurance Company.
M
Public Works Director
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
Executed on i `Uirl V' !/� V at Newport Beach, California.
r
BY
`�i
City Clerk
CITY OF
NEWPORT BEACH
�"4<f FSJR tP` City Council Staff Report
Agenda Item No, 4
March 26, 2013
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
David A. Webb, Public Works Director
949-644-3311, dawebb(a)newportbeachca:gov
PREPARED BY: Fong Tse, Principal Civil Engineer
949-t'i44-3321, ftse6.newportbeachca.gov
APPROVED: t
TITLE: Storm Drain CDS Unit Construction - Notice of Completion and
Acceptance of Contract No.4915
ABSTRACT:
On June 12, 2012, City Council awarded Contract No. 4925, Storm Drain CDS Unit
Construction, to Palp Inc. (dba Excel Paving Company), for the total bid price of
$261,456:00, plus approximately 15 percent for construction contingency allowance.
The required work is now complete and staff requests City Council acceptance and
close out of the contract.
RECOMMENDATIONS:
1. Accept the completed work and authorize the City Clerk to file a Notice of
Completion.
2. Authorize the City Clerk to release the Labor and Materials Bond 65 days after
the Notice of Completion has been recorded in accordance with the 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:
Storm Drain GDS Unit Construction — Notice of Completion and
Acceptance of Contract No.4915
March 26, 2013
Page 2
Account Description
General Fund
Measure M Competitive
Total Construction Cost:
DISCUSSION:
Account Number
7012-02502010
7284-02502010
Amount
$133,132.23
$157,950,00
$291,882.23
In the past, the open air bioswale along the easterly side of Newport Boulevard
southerly of 15th Street was routinely covered by debris from heavy storm flows. The
extent of litter would at times also clog the storm drain outlet pipe causing localized
flooding on northbound Newport Boulevard. These events caused extra work for City
field crews and traffic interruptions for the traveling public.
As such, staff applied for and secured Measure -M grant funding from the Orange
County Transportation Authority (OCTA) to offset the cost of installing two Continuous
Deflection Separator (CDS) trash and debris interceptors to proactively trap and remove
drainage flow debris, One CDS was installed in the ground next to the Municipal
Operations Corporation Yard transfer station. The other unit was installed in the
easterly slope of Newport Boulevard just south of 15tfi Street, These units will not only
capture the street litter before reaching the Newport Boulevard bioswale, but will also
improve water quality in the Bay and minimize Newport Boulevard traffic flow
interruptions during heavy storms.
The contract has now been completed to the satisfaction of the Public Works
Department.
Overall Contract CostfTime Summary
Ellowed
^Final Cost at Contingency Actual ? % Due to % Due to
n AllowanceContract Directed Unforeseenr CompletioChange Change Change$291,082.23 15%oriess+11.3%° 0% 11.3%Actual Time
t Time (days) 89 -14
Under (-) or Over {+)
A summary of the contract cost is as follows:
Original bid amount: $ 261,456.00
Actual cost of bid items constructed: $252,056.00
Contract change orders: $ 39,026.23
Final contract cost. $291,082.23
2
Storm Drain DDS Unit Construction — Notice of Completion and
Acceptance of Contract No.4915
March 26, 2013
Page 3
The final contract cost was 11.3 percent above the original contract amount This extra
contract cost was due to the substantial unforeseen field conditions encountered during
construction including soil stability issues, buried debris and unknown underground
water flows that required additional foundation and site work to install the unit.
A summary of the project schedule is as follows:
Estimated Completion Date per July 2012 Baseline Schedule: November 21, 2012
Project Awarded for Construction: June 12, 2012
Number of Additional Approved Work Days: 29
Completion Date from Award with Approved Extensions: January 29, 2013
Actual Substantial Construction Completion Date: January 8, 2013
ENVIRONMEh1TAL REVIEW:
Staff recommends the City Council find this project exempt from the California
Environmental Quality Act ("CEQA:) pursuant to Section 15302{c} (Construction
resulting in no expansion of facility capacity) 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
Wil be filing a Notice of Completion for the project as a result of this action.
Submitted by:
David A. Webb
Public Works Director
Attachment: A. Location Map
3
LOCATION MAP
STORM DRAIN CDS UNIT CONSTRUCTION
CONTRACT NO. 4915
J
40
lI%
�,,, aPn.rtcr tccarnNs
CITY OF NEWPORT BEACH CITY CLERK
NOTICE INVITING BIDS
Sealed bids may be received at the office of the City Clerk,
3300 Newport Boulevard, Newport Beach, CA 92663
until 9:00 AM on the 23rd day of May, 2012,
at which time such bids shall be opened and read for
STORM DRAIN CDS UNIT CONSTRUCTION
Title of Project
Contract No. 4915
$ 267,900.00
Engineer's Estimate
I_1
,tephen G. Badum
blic Works Director
Prospectiv bi rs 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
PROSPECTIVE BIDDER'S PLEASE NOTE:
Only "A" Licensed Contractors with CDS Unit Installation Experience
Will Be Considered Eligible to Bid on this Project
For further information, call Tom Sandefur, Project Manager at (949) 644-3312
BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE:
http://www.Newl)ortBeachCA.qov
CLICK: Online Services /Bidding & Bid Results
City of Newport Beach
STORM DRAIN CDS UNIT CONSTRUCTION
Contract No. 4915
TABLE OF CONTENTS
NOTICE INVITING BIDS......................................................................................... Cover
INSTRUCTIONS TO BIDDERS.......................................................................................3
BIDDER'S BOND............................................................................................................5
DESIGNATION OF SUBCONTRACTOR(S)....................................................................8
TECHNICAL ABILITY AND EXPERIENCE REFERENCES............................................9
NON -COLLUSION AFFIDAVIT..................................................................... 13
DESIGNATION OF SURETIES...................................................................... 14
CONTRACTOR'S INDUSTRIAL SAFETY RECORD.....................................................15
ACKNOWLEDGEMENT OF ADDENDA........................................................................17
INFORMATION REQUIRED OF BIDDER.....................................................................18
NOTICE TO SUCCESSFUL BIDDER............................................................................21
CONTRACT................................................................................................................... 22
FAITHFUL PERFORMANCE BOND.............................................................................30
LABOR AND MATERIALS PAYMENT BOND...............................................................33
PROPOSAL............................................................................................................... PR -1
SPECIAL PROVISIONS............................................................................................ SP -1
2
City of Newport Reach
STORM DRAIN CDS UNIT CONSTRUCTION
Contract No. 4915
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
Cash, certified check or cashiers check (sum not less than 10 percent of the total bid price)
may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed
Bid" shall be clearly marked on the outside of the envelope containing the documents.
3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed
above. Bidders are advised to review their content with bonding and legal agents prior to
submission of bid.
4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently
authorized by the Insurance Commissioner to transact business of insurance in the State of
California, and (2) listed as an acceptable surety in the latest revision of the Federal Register
Circular 570. The successful bidder's security shall be held until the Contract is executed.
5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to
allow the comparison of total bid prices.
6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied
by unit price submitted by the bidder. In the event of discrepancy between wording and figures,
bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated
quantity by unit price, the correct multiplication will be computed and the bids will be compared
with correctly multiplied totals. The City shall not be held responsible for bidder errors and
omissions in the PROPOSAL.
7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor
irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at
the request and expense of the Contractor, securities shall be permitted in substitution of
money withheld by the City to ensure performance under the contract. The securities shall
be deposited in a state or federal chartered bank in California, as the escrow agent.
3
8. In accordance with the California Labor Code (Sections 1770 et seg.), 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.
Contractor's License No. & Classification
CEL PAVINtI GOINAPA
Bidder
Authorized Signature/Title
MAY 2 3 2012
Date
2
City of Newport Beach
STORM DRAIN CDS UNIT CONSTRUCTION
Contract No. 4915
BIDDER'S BOND
We, the undersigned Principal and Surety, our successors and assigns, executors, heirs
and administrators, agree to be jointly and severally held and firmly bound to the City of
Newport Beach, a charter city, in the principal sum of Ten percent of the total amount of the bid
Dollars ($ 10% ), to be paid and forfeited to the City
of Newport Beach if the bid proposal of the undersigned Principal for the construction of STORM
DRAIN CDS UNIT CONSTRUCTION, Contract No. 4915 in the City of Newport Beach, is
accepted by the City Council of the City of Newport Beach and the proposed contract is
awarded to the Principal, and the Principal fails to execute the Contract Documents in the
form(s) prescribed, including the required bonds, and original insurance certificates and
endorsements for the construction of the project within thirty (30) calendar days after the date of
the mailing of "Notification of Award", otherwise this obligation shall become null and void.
If the undersigned Principal executing this Bond is executing this Bond as an individual,
it is agreed that the death of any such Principal shall not exonerate the Surety from its
obligations under this Bond.
Witness our hands this 14th day of May 2012.
—F. BROWN
PALP Inc. dba Excel Paving Company L4 4e,2 PRESIDEW
Name of Contractor (Principal) Authorized Signature/Title
Federal Insurance Company
Name of Surety
15 Mountain View Road
Warren, NJ 07059
Address of Surety
(908)903-2000
Telephone
6*thorized Ag&fit Signature
Douglas A. Rapp
Attorney in Fact _
Print Name and Title
(Notary acknowledgment of Principal & Surety must be attached)
5
ACKNOWLEDGMENT
State of California
County of Orange )
On 05/14/2012 before me, Debra Swanson, Notary Public
(insert name and title of the officer)
personally appeared Douglas A. Rapp ,
who proved to me on the basis of satisfactory evidence to be the person(,) whose name(o) isAw-ee
subscribed to the within instrument and acknowledged to me that he/e4e4lrey executed the same in
his/4&4*e,-* authorized capacity(ic*, and that by his/'ier48lr signature(if) on the instrument the
person(,t), or the entity upon behalf of which the person(y) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.�`5Ej'LOF � DEBRA SWANSON
comm, * 9822117
NOTARY Pia6LJC CALIFORNIA
W w ORANGE COUNTY C/)
0 LW—.% W Comm. FYN. V 10, 2012
Signature �. h 4. ;. ; c'...,.. _} e (Seal)
Chubb POWER Federal Insurance Company Attn: Surety Department
OF Vigilant Insurance Company 15 Mountain View Road
Surety ATTORNEY pacific Indemnity Company Warren, NJ 07059
cr�uea
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE
COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and
appoint Douglas A. Rapp and Timothy D. Rapp of Aliso Viejo, California ---------------------------------------------------------
each as their true and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety
thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any
instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested
these presents and affixed their corporate seals on this 16th day of December, 2011.
Kenneth C. Wendel, Assistant Secretary . Norris, Jr., Vice President
STATE OF NEW JERSEY
ss.
County of Somerset
On this 16th day of December, 2011 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me
known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which
executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL
INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the
foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attorney as
Assistant Secretary of said Companies by like authority; and that he is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the
signature of David B. Norris, Jr., subscribed to said Power of Attorney is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By -
Laws and in deponent's presence.
.Notarial Seal ADc KATHERINE J. ADELAAR
�RY`�� NOTARY PUBUC OF NEW JFRSFl
A
.�O y Ne. 2316685Gz—'--
owl
I.G�'' Commigion Expiresluly 14, 2014
c�V Notary Public
✓EVP J��
-' CERTIFICATION
Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY:
"All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the
President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The
signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any
Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any
certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other
writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seat shall be valid and binding
upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company
with respect to any bond or undertaking to which it is attached."
I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY
(the "Companies") do hereby certify that
(i) the foregoing extract of the By- Laws of the Companies is true and correct,
(ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are
authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in
American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and
(iii) the foregoing Power of Attorney is true, correct and in full force and effect.
Given under my hand and seals of said Companies at Warren, NJ this 14th day of May, 2012.
Nm `ayuwwc�
• —*—
* 7
4VDIAN► S M►� 'rFty yOPt
Kenneth C. We del, Assistant Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER
MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656
e-mail: surety@chubb.com
Form 15-10- 02256- U (Ed. 5- 03) CONSENT
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Los AugeI es
On MAY 2 3 1012 before me, C Phillips, Notary Public
(Here insert risme and tide of the officer)
personally appeared C. P. Brown
who proved to me on the basis of satisfactory evidence to be the persons whose name( is/wx subscribed to
the within instrument and acknowledged to me that he/shehffiwxexecuted the same in hisPAmAhrif authorized
capacity( §0, and that by hisftrAWF signature( on the instrument the person(g), 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.
ignature otary Public
,. • • •,� C. PHILLIPS
COMM. #1809758 N
<< . Notary Publir.•Calltt)rnia 11�
LOS ANGELES COUNTY a
MyCamm, Expirolt Aug. 16, 2012 �(
(Notary Sea[)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached docurnen)
(Title or description of attached document continued)
Number of Pages Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑
Individual (s)
❑
Corporate Officer
❑
Partner(S)
❑
Attorney -in -Fact
❑
Trustee(s)
❑
Other - —
2(X)8 Version CA PA v 12 10 07 800-873-9865 wwNvNotafv0asses cony
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded oruside of California In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. terrifying the authorized capacity of the signer). Please check.the
document carefully for proper notarial wording and attach this form if required.
• State and County information must be the State and County where the docurnent
signers) personally appeared before the notary public for acknowledgment.
• Date of notarization must be die date that the signers) personally appeared which
mast also be the sante date the acknowledgment Is completed.
• The notary public must prutt his or her name as it appears within his or tier
conunission followed by a conmta and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at lire time of
notarinntion
• Indicate the correct singular or plural forms by crossing ofT incorrect forms 0 c
Wshclthey is /ate ) or circling the correct fortis. hailurc to correctly indicate this
information may lead to rejection of document recording
• The notau} seal impression must to clear and photographically reproducible
Impression nncst not cover text or lines If seal impression smudges, re -seal if a
sufficient arca permits, other\vise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the of%ce of
the county clerk
Additional information is not rcyuired but could help to ensure this
flCi:nO\5'Iedgment is not misused or attached to a difTerent document
Indicate title or tyle of attached do<unrcml, mailer of pages and dale
Indicate the capacity claimed by the signet If lire claimed capacity is a
coriwrate officer, indicate the title 0 c CEO, ( FO, Secretary)
• Securcly attach this document to the signed document
ACKNOWLEDGMENT
0 01*14-1
............................. ............................... 0 0 a 0 0 X 0 X N N 0 N ...... 1
State of California
County of
On
Public, personally appeared
SS.
before me, , Notary
,who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
OPTIONAL INFORMATION
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence:
Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
Capacity of Signer:
Trustee
Power of Attorney
CEO/CFO/COO
President / Vice -President / Secretary / Treasurer
Other:
Other Information:
7
(seal)
Thumbprint of Signer
Check here if
no thumbprint
or fingerprint
is available.
City of Newport Beach
STORM DRAIN CDS UNIT CONSTRUCTION
Contract No. 4915
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:
Address:
Phone: � 1
State License Number: 1v
Name:
Address:
Phone:
State License Number:
Name:
Address:
Phone:
State License Number:
MAtP
F-11®gg 8 -
Bidder '.. n
Aw
Authorized Signature/Title ,� I �Ri0WN ??1E StCE N T
City of Newport Beach
STORM DRAIN CDS UNIT CONSTRUCTION
Contract No. 4915
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this form!!! Please print or type.
Bidders Name
FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A
COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE.
For all public agency projects you have worked on (or are currently working on) in the
past 2 years in excess of $15,000, provide the following information.-
No.
nformation:
No. 1
Project Name/Number qV'"'
Project Description (10 '114 Sr 0,L(Ms�P
Approximate Construction Dates: From 3 11 To: �I
Agency Name L4LM
CO�Contact Person A N, L (AA8C&- Telephone 410 4M 611,
Original Contract Amount $ 1 Final Contract Amount $ 10 � iq"
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.
0
No. 2 ►�� �
Project Name/Number 2AAIt
Project Description
Approximate Construction Dates: From ( 101n To: 312011
Agency Name Citi)
Contact Person (bMj , AL L��� ✓1 Telephone 1519 S7® (A��
Original Contract Amount $ l ;n Final Contract Amount $ 1 Wl"
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No. 3
Project Name/Number
Project Description
Approximate Construction Dates:
A-From(n� To:hotl
Agency Name
Contact Person bao Iffi" k Telephone (0)
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.
EM
No. 4
Project Name/Number WA3
Project Description (;86K.JA 14YY AWt UvWPI
Approximate Construction Dates: From To: ft hpa
�tlu
Agency Name LAM kAt�
Contact Person Ja 9—&J LAa Telephone ( a 1510 202
Original Contract Amount $Final Contract Amount $ �!qOU q0f
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 ano indicate outcome of claims.
No. 5
Project Name/Number
Project Description
v
Approximate Construction Dates: From To:
n
Agency Name
Contact Person ('I V(. 4i' p./YL>Py Telephone (qqq Z46 3n-8
Original Contract Amount $Final Contract Amount $ I]qq qq(
If final amount is different from origjn�I 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,e�xplain yp indicate outcome of claims.
11
No. 6
Project Name/Number
Project Description
Approximate Construction Dates: From To: 8 -?jo -tl
Agency Name O.JAQ amkyu
Contact Person MJ!LA ri A) Telephone (1,q)
Original Contract Amount $ i. Final Contract Amount $
If final amount is different from original, plq�se 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 expVn and indicate outcome of claims.
00 ;Jk
Attach additional sheets if necessary.
Attach to this Bid the experience resume of the person who will be designated as
General Construction Superintendent or on-site Construction Manager for the
Contractor.
Upon request, the Contractor shall attach a financial statement and other information
sufficiently comprehensive to permit an appraisal of the Contractor's current financial
conditions.
�C.P.DE4Ti
��
i;���.�'��t��a RR ID��TFS
Bidder MEQ, PAVING U " Authorized Signature/Title
12
City of Newport Beach
STORM DRAIN CDS UNIT CONSTRUCTION
Contract No. 4915
NON -COLLUSION AFFIDAVIT
State of California )
)SS.
County of LOSANSELEI4
P. BROWN being first yqqyyf(Fr poses and says that he or she is
PRESIJEW'r of- • the party making the
foregoing bid; that the bid is not made in the interest1 sclosed 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 true and correct.
Bidder Authorized Signature/Title rl",N, PRESIDENT
Subscribed and sworn to (or affirmed) before me on this day of (i-'1?` '. l.i112 , 2012
by C.P. BROWM , 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.
C. PHILLIPS Notary Public
40my
KCOMM. #1809758[SEAL] Notary Public-CaliforniaU)L05 ANGELES COUNTY Comm. ExpiragAug, 16,201-2 My Commission Expires: -dlp-2
13
City of Newport Beach
STORM DRAIN CDS UNIT CONSTRUCTION
Contract No. 4915
DESIGNATION OF SURETIES
Bidders name �" I °
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):
pAz w Uuro G
A) 510
14
City of Newport Beach
STORM DRAIN CDS UNIT CONSTRUCTION
Contract No. 4915
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidders Name
INGITI A
a M G C 0 16 t
Record Last Five (5) Full Years of CDS Unit Construction Proiects
Current Year of Record
Z_
The information required for these items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102.
15
Current
Record
Record
Record
Record
Record
Year of
for
for
for
for
for
Record
2011
2010
2009
2008
2007
Total
2012
No. of CDS Unit
Construction
Contracts
Total dollar
Amount of
Contracts (in
Thousands of $
No. of fatalities
No. of lost
Workday Cases
No. of lost
workday cases
involving
permanent
transfer to
another job or
termination of
employment
Z_
The information required for these items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102.
15
Legal Business Name of Bidder ALFF WC. DBA LXCEL PAVING COMPAW
Business Address: 2230 LEMON AVENUE
Business Tel. No.: LONG BEACH, CA 90M (562) 599-5841
State Contractor's License No. and
Classification: STATE LIC, 68$659 W
Title ". LMOWN, PMEC4pFNT
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 A.
Date MAY 2 3 2012
Title
Signature of °'
bidder
Date
Title MICHELE E. R H�S"Tg€eR __
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 fort 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 name are subscribed to and
acknowledged that they executed the same in their authorized capacities.
(NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI
16
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Los Angeles
On MAY 2, f 7017 before me, C. Phillips_, Notary Public
(Here wort name and title of the officer)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is&re subscribed to
the within instrument and acknowledged to me that belshrfdhey executed the same in kisAmr/their authorized
capacity(ies), and that by hiavb"/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.
C. PHILLIPS
• . �.
COMM. #11J09758 N
WITNESS my hand and official seal. �-�}p - Notary Public-Calitornla a
T SAV <"!i♦ -{�.
LOS ANGELES CONN"
My Comm, Expires Aug. 16, 2012
(Notary Seal)
Signa of Notary Public
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(rifle)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
2008 Version CAPA v12.10.07 804-871-9865 Ws� W NotarvClasse.s com
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
property completed and attached to that document. The only exception is If a
document is to be recorded oraside of California /n such instances, any alternative
acbrowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that it illegal for a notary in
California (i.e. cenV)dng the audwized cq)adty of the signer). Please check the
document carefully for proper notarial wording and attach this form i(required
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the namc(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct sir&ar or plural forms by crossing off incorrect forms (i.e.
hdshelUw�—, is lure ) 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 Ntotographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of flte notary public must match the signature on file with the office of
the county clergy.
C• Additional utfomtation 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.
v Indicate die capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i a CEO, CFO, Secretary).
Securely attach this document to the signecl document
City of Newport Beach
STORM DRAIN CDS UNIT CONSTRUCTION
Contract No. 4915
ACKNOWLEDGEMENT OF ADDENDA
Bidders name EXCEL Rf"ir �� j tiajk ,�;
The bidder shall signify receipt of all Addenda here, if any, and attach executed
copy of addenda to bid documents:
Addendum No. Date Received Signature
17
City of Newport Beach
STORM DRAIN CDS UNIT CONSTRUCTION
Contract No. 4915
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:
-X 0 U -90A
Name of individual Contractor, Company or Corporation: v
AG
X230 Lis00f\iVNU>`
Business Address: j L2mn ;t;:A(jj I dA 94806
Telephone and Fax Number: (562) 599-5841 FAX (562)spt Un6
California State Contractor's License No. and Class: .ti fAlE LtCu 668659"A" A, III,
1
(REQUIRED AT TIME OF AWARD)
Original Date Issued: 'L Expiration Date: 5 11112,014
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:
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
Brown President and Chief Executive O Rclr (562) 599, 4
Curtis P. Brown III Vice President and Chief opting AR+W
8rdee E. E. Fidtt ice President and Chief Financial Officer
George R. McRae Vice President
E48 cretary
Michele E. Drakulich Assistant Secretary
Corporation organized under the laws of the State of CALIFORNIA
IN
The dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proposal are as follows:
IN
All company, corporate, or fictitious business names used by any principal having
interest in this proposal are as follows:
=,.fit".:gig, rAlk"'M .,
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;
OW
Briefly summarize the parties' claims and ldle1f�enses;
N Y \�
Have you ever had a contract terminated bey the owner/agency? If so, explain.
Have you ever failed to complete a project? It so, explain.
For any projects you have been involved with in the last 5 years, did you have any
claims or actions by any outside agency or individual for labor compliance (i.e. failure to
pay prevailing wage, falsifying certified payrolls, etc.)? Yes /B
19
Are any claims or actions unresolved or outstanding? Yes / 6
If yes to any of the above, explain. (Attach additional sheets, if necessary)
II1ti
Failure of the bidder to provide ALL requested information in a complete and accurate
manner may be considered non-responsive.
m?� INC �I
U CEi1.. PAIING C,0MPA
Bidder
(Print name of Owner or President
of Corporation/Company)
Authorized Signature/Title
CP. AVOWN, MEVVE T
Title
MAY 2 8 2012
Date
On MAY 2 5 2012 before me, C. P%1%>IIIAS Notary Public, personally
appeared G.F.1111nowl who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/aw subscribed to the within
instrument and acknowledged to me that he/sem/tj�wj executed the same in hislWItOeff authorized
capacity(ies), and that by his/be?Yt.y&# 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
paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public
4fic
for said State
My Commission Expires: b— ((p•Z0(Z
20
laws of the State of California that the foregoing
C. PHILLIPS
COMM, #1809768 �
Notary Public-cnll}ornia N
Q Los ANCIFLU, OouNf Y ua
r.°u MyLnmm,EVIwAug,t0,20
(SEAL)
City of Newport Beach
STORM DRAIN CDS UNIT CONSTRUCTION
Contract No. 4915
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
o FAITHFUL PERFORMANCE BOND
The City of Newport Beach will not permit a substitute format for these Contract
Documents. Bidders are advised to review their content with bonding, insuring and legal agents
prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance
Endorsement, and Automobile Liability Insurance Endorsement shall be provided as
required by the Contract documents and delivered to the Public Works Department within
ten (10) working days after the date shown on the Notification of Award to the successful
bidder.
The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by
an insurance organization or surety (1) currently authorized by the Insurance Commissioner to
transact business of insurance in the State of California, and (2) listed as an acceptable surety in
the latest revision of the Federal Register Circular 570.
Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted
for any monies to be withheld to ensure performance under the Contract.
Insurance companies affording coverage shall be (1) currently authorized by the Insurance
Commissioner to transact business of insurance in the State of California, and (2) assigned
Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance
with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided
as specified in the Standard Specifications for Public Works Construction, except as modified by
the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on
the insurance company's forms, fully executed and delivered with the Contract. The Notice to
Proceed will not be issued until all contract documents have been received and approved by the
City.
21
City of Newport Beach
STORM DRAIN CDS UNIT CONSTRUCTION
Contract No. 4915
CONTRACT
THIS CONTRACT FOR PUBLIC WORKS entered into this _ day of , 2012, by
and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter
City("City") and PALP, INC., DBA EXCEL PAVING COMPANY, a California corporation,
("Contractor'), is made with reference to the following facts:
WHEREAS, City has advertised for bids for the following described public work:
The work necessary for the completion of this contract consists of procuring and installing CDS
units and weir boxes including the excavation, remove existing improvements, backfill and
compaction, replace asphalt, install vegetation on the existing slope, and restore pavement.
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. 4915, Standard Specifications for
Public Works Construction (current adopted edition and all supplements) and this Contract,
and all modifications and amendments thereto (collectively the "Contract Documents').
The Contract Documents comprise the sole agreement between the parties as to the
subject matter therein. Any representations or agreements not specifically contained in the
Contract Documents are null and void. Any amendments must be made in writing, and
signed by both parties in the manner specified in the Contract Documents.
B. SCOPE OF WORK Contractor shall perform everything required to be performed, and
shall provide and furnish all the labor, materials, necessary tools, expendable equipment
and all utility and transportation services required for the Project:
All of the work to be performed and materials to be furnished shall be in strict accordance
with the provisions of the Contract Documents. Contractor is required to perform all
activities, at no extra cost to City, which are reasonably inferable from the Contract
Documents as being necessary to produce the intended results.
22
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 Two Hundred Sixty -One Thousand, Four Hundred
Fifty -Six and 00/100 Dollars ($261,456.00).
This compensation includes:
(1) Any loss or damage arising from the nature of the work,
(2) Any loss or damage arising from any unforeseen difficulties or obstructions in the
performance of the work,
(3) Any expense incurred as a result of any suspension or discontinuance of the work, but
excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the
Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of
the work by City.
D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before
making its final request for payment under the Contract Documents, Contractor shall submit
to City, in writing, all claims for compensation under or arising out of this Contract.
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Contract except those previously made in writing
and identified by Contractor in writing as unsettled at the time of its final request for
payment. The Contractor and the City expressly agree that in addition to all claims filing
requirements set forth in the Contract and Contract Documents, the Contractor shall be
required to file any claim the Contractor may have against the City in strict conformance
with the Tort Claims Act (Government Code 900 et seq.).
E. WRITTEN NOTICE Any written notice required to be given under the Contract
Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid,
directed to the address of Contractor and to City, addressed as follows:
CITY
City of Newport Beach
Public Works Department
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658
Attention: Tom Sandefur
(949)644-3312
PALP, Inc., dba Excel Paving Co.
2230 Lemon Avenue
Long Beach, CA 90806
562-599-5841
562-591-7485 Fax
F. INSURANCE Without limiting Contractor's indemnification of City, and prior to
commencement of work. Contractor shall obtain, provide and maintain at its own
expense during the term of this 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.
a. Workers' Compensation. Contractor shall maintain Workers'
Compensation Insurance providing statutory benefits and employer's
liability insurance with limits of at least one million dollars ($1,000,000)
each type for Contractor's employees in accordance with the laws of the
State of California, Section 3700 of the Labor Code. In addition,
Contractor shall require each subcontractor to similarly maintain Workers'
23
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.
24
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.
25
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.
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.
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.
26
G. RESPONSIBILITY FOR DAMAGES OR INJURY
City and all officers, employees and representatives thereof shall not be
responsible in any manner: for any loss or damages that may happen to the
Work or any part thereof; for any loss or damage to any of the materials or other
things used or employed in performing the Work, for injury to or death of any
person either workers or the public; or for damage to property from any cause
arising from the construction of the work by Contractor, or its subcontractors, or
its workers, or anyone employed by it.
2. Contractor shall be responsible for any liability imposed by law and for injuries to
or death of any person or damage to property resulting from defects, obstructions
or from any cause arising from Contractor's Work on the Project, or the Work of
any subcontractor or supplier selected by the Contractor.
3. To the fullest extent permitted by law, Contractor shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties") from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses
(including, without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever (individually, a Claim; collectively, "Claims"),
which may arise from or in any manner relate (directly or indirectly) to any breach
of the terms and conditions of this Contract, any work performed or services
provided under this Contract including, without limitation, defects in workmanship
or materials or Contractor's presence or activities conducted on the Project
(including the negligent and/or willful acts, errors and/or omissions of Contractor,
its principals, officers, agents, employees, vendors, suppliers, subconsultants,
subcontractors, anyone employed directly or indirectly by any of them or for
whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Contract. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
4. To the extent authorized by law, as much of the money due Contractor under and
by virtue of the Contract as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages
as aforesaid.
5. The rights and obligations set forth in this Article shall survive the termination of
this Contract.
H. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all
other Contract Documents by Contractor is a representation that Contractor has visited
the Project Site, has become familiar with the local conditions under which the work is to
27
be performed, and has correlated all relevant observations with the requirements of the
Contract Documents.
I. CONFLICT If there is a conflict between provisions of this Contract and any other
Contract Document, the provisions of this Contract shall prevail.
J. WAIVER A waiver by City or any term, covenant, or condition in the Contract
Documents shall not be deemed to be a waiver of any subsequent breach of the same
or any other term, covenant or condition.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed
the dates written below.
APPROVED AS TO FORM
OFFICE OF TH C TY ATTORNEY
Date: z-
-%
Aaron C. arp
City Attorney (�
ATTEST:
Date:
n nFA
Leilani I. Brown
City Clerk
�eyd'PO'�T
CITY OF NEWPORT BEACH
A California Municipal Corporation and City
and Charter City
Date: 71X :i hv
Nan`Ey-
Mayor
PALP, INC., DBA EXCEL PAVING CO.
California Corporation
By:
(Corp rate Officer)
Title: President
Print Name: C.P. Brown
Date: \ c l .
By:
(Financial Officer)
Title: Assistant Secretary
Print Name: Michele E. Drakulich
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Los Angeles
On 6-:91,-(— 11,� beforeme, C. Phillips, Notary Public
(Here insert name and title of the officer)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islwe subscribed to
the within instrument and acknowledged to me that whey executed the same in kis:darr/their authorized
capacity(ies), and that by hisbff/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.
.•""' C. PHILLIPS
WITNESS my hand and official seal.:
" �y Nct�ry 6'uall,dlullfornl® �
LOS AN(M,f::i MUNI w
My Comm,fsplreeau�, i�,2tlii
Si of Notary Public (Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑
Individual (s)
❑
Corporate Officer
(Title)
❑
Partner(s)
O
Attorney -in -Fact
❑
Trustee(s)
❑
Other
2008 Vets ion CA PA v12 10 07 8th -87 3-9865 \ti� w Notary( lasses con)
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in Cal(fornia must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded otuside of California In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. centjjytng the authorized capacity of the signer). Pleme check rhe
document carefully for proper notarial wording and attach this form 1f required
• State and County information must be the State and County where the document
sigrser(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment Is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the namc(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.
Wshe/dwy,- is /are ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.,
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
4 Additional infomtalion 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.
rti Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate (fie title (i.e. CEO, CFO, Secretary)
Securely attach tfus documont to the signed document
City of Newport Beach
STORM DRAIN CDS UNIT.CONSTRUCTION
Contract No. 4915
BOND NO. 8229-94.-00
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 1,438.00
being at the rate of $ varies thousand of the Contract price.
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, awarded to PALP, Inc., dba Excel Paving Company, hereinafter designated as the
"Principal", a contract for construction of STORM DRAIN CDS UNIT CONSTRUCTION, Contract
No. 4915 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. 4915 and the
terms thereof require the furnishing of a Bond for the faithful performance of the Contract;
NOW, THEREFORE, we, the Principal, and Federal Insurance Company
duly authorized to transact business under the laws of the State of
California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport
Beach, in the sum of Two Hundred Sixty -One Thousand, Four Hundred Fifty -Six and 00/100
Dollars ($261;456.00) 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.
29
As a part of the obligation secured hereby, and in addition to the face amount specified in
this Performance Bond, there shall be included costs and reasonable expenses and fees, including
reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an
action in law or equity against Surety to enforce the obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the work to be performed thereunder or to
the specifications accompanying the same shall in any way affect its obligations on this Bond, and
it does hereby waive notice of any such change, extension of time, alterations or additions of the
Contract or to the work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal in full
force and effect for one (1) year following the date of formal acceptance of the Project by the City.
In the event that the Principal executed this bond as an individual, it is agreed that the
death of any such Principal shall not exonerate the Surety from its obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named, on the 21st day of June _'2012.
C.P. BROWK PRESIDENT
PALP Inc., dba Excel Paving Co.
(Principal)
Federal Insurance Company
Name of'Surety
15 Mountain View Road
Warren, NJ 07059
Address of Surety
(908)903-2000
Telephone
Authorized Signature/Title
---'Authorized Agent Signature,
Timothy D. Rapp
Attorney in Fact
Print Name and Title
(VOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
30
CALIFORNIA ALL-PURPOSE
CERT'IFICAT'E OF ACKNOWLEDGMENT
State of California
County of Los Angeles
On b—beforeme,_ C. Phillips, Notary Public
(I lac uuor rune and Ink of UK ofllca I
personally appeared C. P. Brown
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/,?ft subscribed to
the within instrument and acknowledged to me that he/shwV%ay executed die same in hishFues/their authorized
capacity(ies), and that by hi&jiRk/;(# p:signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Si fNolary Public
�,��, C. PHILLIPS
CCrdM. S7.509i F.f3 n,
�r S:--yu{'�• LOS ANGELS CQUNPY le
:i„�,hga',y hly Cumm. E+�Irr.,1:3,. iG.2i7:2 !(
(Notary Set]) -' >:--�c w.�..�-✓�,-.-=.rsi.(
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of atmcbed document)
(Title or description of attached document continued)
Number of Pages _ Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑
Individual (s)
❑
Corporate Officer
(rille)
❑
Partner(s)
❑
Attorney -in -Fact
❑
Trustee(s)
❑
Other
2608 Version C.-'J'A 1'12 10 07 ;{(h -U l 9&0 h.,++v Nmapl IHSN's tam
INSTRUCTIONS FOR COMPLETING THIS FORf.1
Any, aefnowleegmew coatoered in Caltforem marl coruam verbiage uacfly ar
approrr, above in the rotary eecrion or a reparnre acknowledgmeN/orm mutt be
properly completed and arrached ro that docutrumL The arty escepdon it if a
docwnent is to be recorded muride o/Califorain. In ruck nurancu, any alternative
acbrow/edgmear verbiage ar may be printed on .rush a docvmew w long ar the
verbiage doer nor v quirr rhe notary to do roverrhing rum L f/leguf for a notary in
California (f.e. cerr(fyfng rhr avrhorired capacity of rt] rigetr). Pleasure check rhe
document ca+tfdlyfm prcymr notarfai wording and attach Wr form if required
• State and County information must be the State and County where the ducumcnt
signers) personally appeared before the notary public for acknowlerlgmenL
• Date of notarization must be dee dale that die signers) posonally appeared which
mull ciao be the acme data the acknowledgment is completed.
• The rotary public most print his or her name as it appears within his or her
corrunivion followed by a comma and then your title (notary public).
• Print the nsme(s) of document signers) who personally appear at the time of
notariaation.
• Indicate the wmecl singular or plural forms by crossing off incorrect forms (i.e.
hdsheldnvr,- is /are ) or circling the correct forms. Failure w wrra tly indicate this
information may lead b rejection of document recording.
• 'nuc notary seal impression must be clear and Oini graphically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient ace permits, odierwise complete a different "vowledgment form,
• .Signature of be notary public must munch the signature w file widt die office of
the county clerk.
!• Additional mdonnetion is not mquacil but could help to ensure this
ackrowlodgmein is not nusused or attached to a different docmncot.
Indicate title or iylx of attached docunhenl, number of pages and date.
J Indicate die capacity claimed by die signet If Ne claimed capacity is a
cogoratc oflica, uuloate d¢ talc (t c COO, CFO, Se:rcuaq)
securely affect] this docunwut to the signal docuinent
ACKNOWLEDGMENT
State of California
County of Orange )
On 06/21/2012 before me, Debra Swanson, Notary Public
(insert name and title of the officer)
personally appeared Timothy D. Rapp
who proved to me on the basis of satisfactory evidence to be the person(a) whose named) ism
subscribed to the within instrument and acknowledged to me that hem executed the same in
his/authorized capacity@@&), and that by his signature(e) on the instrument the
person(e), or the entity upon behalf of which the person(o) 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.
tse ry° DEBRA SWANSON
WITNESS my hand and official seal. ar COMPA. # 1822117
® ;LNGE
PUBUGCALIFORNA
COUNTY
CC EFS �s NOV 10, 2012
Signature ���s�� ��, /lN� (Seal)
Chubb
POWER
Federal Insurance Company
Attn: Surety Department
OF
Vigilant Insurance Company
15 Mountain View Road
Surety
ATTORNEY
pacific Indemnity Company
Warren, NJ 07059
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE
COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and
appoint Douglas A. Rapp and Timothy D. Rapp of Aliso Viejo, California ---------------------------------------
each as their We and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety
thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business. and any
instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested
these presents and affixed their corporate seals on this 16th day of December, 2011.
Kenneth C. Wende, Assistant Secretary /maw . Nortis, Jr., Vice President
STATE OF NEW JERSEY `
as.
County of Somerset
On this 16th day of December, 2011 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me
known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which
executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL
INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the
foregoing Power of Attorney are Such corporate Seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attorney as
Assistant Secretary of said Companies by like authority; and that he is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the
signature of David B. Norris, Jr., subscribed to said Power of Attorney is in the genulne handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By-
laws and in deponent's presence.
,Notarial Seal AOe KATHERINE J. ADELAAR
G� NOTARY PUBUC OF NEW JFRSF)
O(AR® P Nr,.2316685
COMMWion Ezpirea July 16, 2014
PU �� Notary Public
MEtiy JE1'
CERTIFICATION
Extract from the By. Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY:
'All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the
President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The
signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman. President, any Vice President, any
Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any
certificate relating thereto appointing Assistant Secretaries of Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other
writings obligatory In the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimileseal shall be valid and binding
upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company
with respect to any bond or undertaking to which it is attached.'
I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY
(Ihe'Companies') do hereby certify that
(i) the foregoing extract of the By- Laws of the Companies is true and correct,
(ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the Dlsbicl of Columbia and are
authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in
American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island: and
(iii) the foregoing Power of Attorney is true. correct and in full force and effect.
Given under my hand and seals of said Companies at Wallen, NJ this 21 St day of June, 2012.
0(0(0
,COos0
44 ;7e�� o
Kenneth C. We el, Assistant Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A. CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER
MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3.493 Fax (908) 903- 3656
e-mail: surety@chubb.com
Form 15-10- 02259- U (Ed. 5- 03) CONSENT
Ciao of Newport Beech
STORM DRAIN CDS UNIT CONSTRUCTION
Contract No. 4915
BOND NO. 8229-94-00
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, has awarded to PALP, Inc., dba Excel Paving Company, hereinafter designated as the
"Principal," a contract for construction of STORM DRAIN CDS UNIT CONSTRUCTION, Contract
No. 4915 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. 4915 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,
- Federal Insurance Company duly authorized to transact
business under the laws of the State of California, as Surety, (referred to herein as "Surety") are
held firmly bound unto the City of Newport Beach, in the sum of Two Hundred Sixty -One
Thousand, Four Hundred Fifty -Six and 001100 Dollars ($261,456.00) 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 foF 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.
33
The Bond shall inure to the benefit of any and all persons, companies, and corporations
entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action
to them or their assigns in any suit brought upon this Bond, as required by and in accordance with
the provisions of Sections 3247 et. seq. of the Civil Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alterations or additions to the terms of the Contract or to the work to be performed thereunder
or the specifications accompanying the same shall in any wise affect its obligations on this Bond,
and it does hereby waive notice of any such change, extension of time, alterations or additions to
the terms of the Contract or to the work or to the specifications.
In the event that any principal above named executed this Bond as an individual, it is
agreed that the death of any such principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above named
Principal and Surety, on the 21 St day of June 2012.
C.A. BROWN, PRESIDENT
PALP Inc., dba Excel Paving Co.
(Principal)
Federal Insurance
Name of Surety
15 Mountain View Road
Warren, NJ 07059
Address of Surety
(908)903-2000
Telephone
Signature(ritle
Timothy D. Rapp
Attorney in Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
a]
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County Of Los Angeles
On -,)L-'1 _1 '-2,— before me, _ C. Phillips
personally appeared
Notary Public
t licit .sat nulx uhd ado of OK ua'¢a I...
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ism subscribed to
the within instrument and acknowledged to me that hefahtalfh;ay executed the same in hisaterffhair authorized
capacity(ies), and that by his4Wf ksignature(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.
e Signa fNoury Public
.. C rsi-llr�
.,� COMM �. n
I t -^2'Jsn�� lUr M• cl 'a ndNrr �-
``R•_� Crnm. for V•. 201_ 11
(Notary Seal) r'
ADDMONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUTvIENT
(Title or description of attached doicame )
(Title or description ofatachod dicemmeot continued)
Number of Pages _ Document Date
(Additional W'ormaGon)
CAPACITY CLAIMED BY THE SIGNER
❑
Individual (s)
❑
Corporate Officer
(Tice)
❑
Partner(s)
❑
Attorney-in-Fnet
❑
Trustee(s)
❑
Other
2008 Vcrsion CAPA x' 1211) 07 My) -871-9845 %11�v NOW)Classes coon
rNSTRUCTIONS FOR COMPLETING 11-115 FORM
Airy acbrowledgmeN completed m Calfornia mw1 contain verbiage es dy ar
appear, above N fire rotary section or a repast, acbwwfrdgmea farm natur be
properly completed and artoched to that doenoa ni. err only escepelw a /f a
document u to be recorded ontside of California In ruck iutmcu, airy alternative
atbq vledgmeN verbiage err may be printed on such a docvmeru so long err rhe
verbiage does nor nquve the roomy to do scoverhoig that it illegd for a notary in
California (i.e. cerrfyrng the auohar-Urd ocraciry of rhe rignrr). Nettie check The
document rarrfrdly far proper notarial wording and attach rias form f required
•
Some utd County information must be the State sad County, where the document
signa(s) personally appeared before the notary public for acknowtodgmenl.
• Date of notarization must be the date that the signcr(s) personally appcared which
must also be the same date the acknowledgment Is complelW.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the retracts) of document signers) who personally appear at the time of
ntimion.
• Indicate the coned singular or plural forms by crossing off incorrect forms (i.e.
hdshdthe�- u /are ) or circling the correct fomhs. Failure la correctly indicate this
inforntation may Iced to rejection of document. recording:
•
The notary seal impression must to clear and ptnotogaphically reproducible,
Impression must not cover Im( or lines. If sent impression smudges, re -serol if a
sufficient area permits, otherwise complete a different acknowledgrnent form.
• Signature of tic worry public must match the signature on file with IIx office of
the county citric.
4 Additional infommtion is not required but could help to ensure Otis
acimowlodgnent is not rnistued or attached to a different document.
Indicate title or tpx of attached document, numbci of pages mid dote.
Indicate the capacity claimed by die signet. If the claimed capacity is a
corporate officer, indicate the title (1 c CFO, CFO. Steremry)
Securely roach this document to the signed di,cummil
ACKNOWLEDGMENT
State of California
County of Orange
On 06/21/2012 before me, Debra Swanson, Notary Public
(insert name and title of the officer)
personally appeared Timothy D. Rapp
who proved to me on the basis of satisfactory evidence to be the person(&) whose names) is/a53
subscribed to the within instrument and acknowledged to me that hem executed the same in
hist authorized.capacityo"), and that by hisb6eri "k signature(:s) on the instrument the
person(o), or the entity upon behalf of which the persons) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
,9�`EBRA S ANS
WITNESS my hand and official seal. y o� COPo1M. # 1822117
® a NOTARY FUBUGCALIFORNIA �
� " � ORANGE COUNTY �
T }� `qwm� My Comn. Exdros NOV 10, 2012
Signature 1�1�v�.� �1�.—cL .,n...,� (Seal)
IcChubb POWER Federal Insurance Company Attn: Surety Department
OF Vigilant Insurance Company 15 Mountain View Road
Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059
Know All by These Presents, That FI
COMPANY, a New York corporation, and P
appoint Douglas A. Rapp and Timothy
aria corporation, VIGILANT INSURANCE
corporation, do each hereby constitute and
each as their We and lawful Attorney- in- Fact to executeunder such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety
thereon on otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any
instmments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested
these presents and affixed their corporate seals on this 16th day of December, 2011.
Kenneth C. Wendel, Assistant Secretary /maw . Norris, Jr., Vice President
STATE OF NEW JERSEY `
ss.
County of Somerset
On this 16th day of December, 2011 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me
known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which
executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL
INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the
foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By. Laws of said Companies; and that he signed said Power of Attorney as
Assistant Secretary of said Companies by like authority; and that he is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies: and that the
signature of David B. Nords, Jr., Subscribed to said Power of Attorney is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By -
Laws and in deponent's presence.
,Notarial seal KATHERINE 1. ADELAAR
NOTARY pUBUC OF NEW JFkSF1
F�OSPRB �9 Ne,, 2316685
Commill E*res July 16, 2016
Notary Public
yEVd JEQ'
CERTIFICATION
Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY:
"All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the
President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary; under their respective designations. The
signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any
Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any
certificate relating thereto appointing Assistant Secretaries or Attorneys. in. Fact for purposes only of executing and attesting bonds and undertakings and other
writings obligatory in the nature thereof. and any such power of attorney or certificate bearing such facsimile signalure or facsimile seal shall be valid and binding
upon the Company and any such power so executed and certified by such facsimile signature and famtmile seal shall be valid and binding upon the Company
with respect to any bond or undertaking to which it is attacher!. -
I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY
(the "Companies) do hereby certify that
(i) the foregoing extract of the By- Laws of the Companies is true and correct,
(ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the DISVict of Columbia and are
authorized by the U.S. Treasury Depanmer¢; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in
American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and
(iii) the foregoing Power of Attorney is true. correct and in full force and effect.
Given under my hand and seals of said Companies at Warren, NJ this 21 St day of ,June, 2012.
08A�� ft xss`s Felt',�Nl-
�./e_�o
Kenneth C. We el, Assistant Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER
MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656
e-mail: surety@chubb.c nn
Form 15-t0. 02258- U (Ed. 5- 03) CONSENT
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
STORM DRAIN CDS UNIT CONSTRUCTION
CONTRACT NO. 4915
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. 4915 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
Lump Sum Mobilization and Demobilization
3W `K1�041
@ Dollars
and
Cents $ 0
Per Lump Sum
2. Lump Sum Utility Identification
Fi V_ `K44LA0 14
@ �,,;t"J— ,
Dollars
and
Cents $
Per Lump Sum
3. Time and CALTRANS Permit Conditions
Materials
@ Five Thousand
Dollars
and
Zero
Cents $ 5,0000.00
T&M
PR2of3
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
4. Lump Sum Traffic Control
fit\ 44%A4
@ Dollars
and
$ Cents $ ffl a,
Per Lump Sum
5.
300 S.F. 6 -Inch Thick Concrete Pavement
@ Dollars
and
-� Cents $ $ 0
Per Square Foot
6. 300 S.F. Construct 6 -inch Concrete Pad
7
E:3
w
@ G)12,4ft%� Dollars
and
Cents $tom_ $ V0 '
Per Square Foot
3 EA. Removable Bollards
@i�tu
Dollars
and
Cents $ 1301' $
Per Each
Lump Sum Storm Drain Bypass During
Construction
@ 1 ('tib
Dollars
and
Cents $
Per Lump Sum
2 EA. CDS Unit and Weir
Box"
OYU A/MA l
`�/1�9�1'
` A0ollars
and
-
Cents $ _J1211S-S, $ ;z l
Per Each
PR3of3
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
10. Lump Sum Plant Material
Two l 4
@ St4,em i-k� Dollars
and
-&' Cents $ d7G�1
Per Lump Sum
11. Lump Sum Maintenance and Establishment
Period (90 Days)
@ Dollars
and
Cents $ WOO,,
Per Lump Sum
12. Lump Sum Provide As -Built Plans (Fixed)
@ Five Hundred Dollars
and
Zero Cents $ 500.00
Per Lump Sum
13. Lump Sum Remove All USA Markings and
Restore Pavement
Ortc 7ltioi46,J / lie
@ l�hJ Dollars
and
-�— Cents $ I SSQ
Per Lump Sum
TOTAL PRICE IN WRITTEN WORDS I
'(�/ � JI�V:jVj 4V- gW,Ua� -F' 4kot,, '/ � Dollars
and Cents $
Total Price (Figures)
Date
( 562) 5Na5841, FAX (562) 599•M5
Bidder's Telephone and Fax Numbers
gTATF. LIC. 68SG59 "A'
Bidder's License No(s).
and Classification(s)
IPAIP
Bidder
C
I , C.P. BROWN
A_` PRESIDENT
Bidder's Authorized Signature and Title
2230 LEMON AVENUE
Bidder's Address [U,7146 :'LACH,6
Bidder's email address: C-KC4A ,!M • "
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Los Angeles
On MAY 2 3 2012 before me,
personally appeared C. P. Brown
C Phillips, Notary Public
(Here insert name and title of Ole officer)
who proved to me on the basis of satisfactory evidence to be the persons whose name( is/Aw subscribed to
the within instrument and acknowledged to me that he/sk executed the same in hisAuiEdneir authorized
capacity( oO, and that by hisAwz"6f signatwe(,-� on the instrument the person(§), 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.
C. PHILLIPS
WITNESS my hand and official seal. t ., yh`; COMM. #1609758 m
• Notary Publir-coi fornla X
LOS ANGELES COUNTY u
(Nom Seal) My Comm, EVIres Aug. 16, 2012
C��*-f
Notary Public
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑
Individual (s)
O
Corporate Officer
(T'ill') -- - —
U
Partner(s)
Ll
Attorney -in -Fact
D
Trustee(s)
O
Other -- -- ---- ---
2008 Version CAPA v12 1007 800-871-9865 twtvw.NofaryClasscs conn
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document u to be recorded otuside of California In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. certifying the authorized capacity of the signer). Please check the
document carefullyfor proper notarial wording and attach this form if required.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signers) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must prumt his or her narne as it appears within his or her
commission followed by a comma and then your title (notary public).
• Prum( the name(s) of document signers) who personally appear at the time of
notarization
• Indicate the correct singular or plural forms by crossing off incorrect forms ( c.
helshelthey- is /are ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording
• The notary seal impression must be clear and photographically reproducible
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowlectgnment form
s
• Signature of tlmc notary public must march the signsturc on file with the o(llcc of
the county clerk.
Additional information is not required but could help to ensure this
ncknowledgment is not misused or attached to a different document
Indicate title or type of attached dcxument, number of pages and date
Indicate the capacity claimed by the. signet. If die clninmed capacity is a
corporate officer, indicate die title (i.e CFO, (FO, Seeman-)
• Securely attach this document to the signed dMil"cat
1
1
1
1
1
1
2
2
2
2
2
2
2
3
3
3
3
3
3
4
4
PUBLIC WORKS DEPARTMENT
INDEX
FOR
SPECIAL PROVISIONS
STORM DRAIN CDS UNIT CONSTRUCTION
CONTRACT NO. 4915
INTRODUCTION
PART 1 ---GENERAL PROVISIONS
SECTION 2
SCOPE AND CONTROL OF THE WORK
2-6
WORK TO BE DONE
SECTION 3
CHANGES IN WORK
3-3
EXTRA WORK
3-3.2
Payment
3-3.2.3
Markup
SECTION 4
CONTROL OF MATERIALS
4-1
MATERIALS AND WORKMANSHIP
4-1.3
Inspection Requirements
4-1.3.4
Inspection and Testing
SECTION 5
UTILITIES
5-1
LOCATION
5-2
PROTECTION
5-7
ADJUSTMENTS TO GRADE
SECTION 6
PROSECUTION, PROGRESS AND ACCEPTANCE
OF THE WORK
6-1
CONSTRUCTION SCHEDULE AND
COMMENCEMENT OF THE WORK
6-1.1
Construction Schedule
6-7
TIME OF COMPLETION
6-7.1
General
6-7.2
Working Days
6-7.4
Working Hours
1
1
1
1
1
1
2
2
2
2
2
2
2
3
3
3
3
3
3
4
4
6-9
LIQUIDATED DAMAGES
4
SECTION 7
RESPONSIBILITIES OF THE CONTRACTOR
5
7-1
CONTRACTOR'S EQUPMENT & FACILITIES
5
7-1.2
Temporary Utility Services
5
7-5
PERMITS
5
7-8
PROJECT SITE MAINTENANCE
5
7-8.4.3
Storage of Equipment and Materials in Public Streets
5
7-8.6
Water Pollution Control
6
7-8.6.2
Best Management Practices (BMPs)
6
7-8.7.2
Steel Plates
6
7-10
PUBLIC CONVENIENCE AND SAFETY
6
7-10.1
Traffic and Access
6
7-10.3
Street Closures, Detours, Barricades
7
7-10.4
Public Safety
7
7-10.4.1
Safety Orders
8
7-10.5
"No Parking" Signs
8
7-10-6
Notice to Residents and Businesses
8
7-15
CONTRACTOR LICENSES
9
7-16
CONTRACTOR'S RECORDS/AS BUILT DRAWINGS
9
SECTION 9
MEASUREMENT AND PAYMENT
9
9-3
PAYMENT
9
9-3.1
General
9
9-3.2
Partial and Final Payment
11
PART 2 ---CONSTRUCTION MATERIALS
SECTION 201
CONCRETE, MORTAR, AND RELATED MATERIALS
11
201-1
PORTLAND CEMENT CONCRETE
11
201-1.1.2
Concrete Specified by Class
11
201-2
REINFORCEMENT FOR CONCRETE
11
201-2.2.1
Reinforcing Steel
11
201-7
NON -MASONRY GROUT
11
201-7.2
Quick Setting Grout
11
SECTION 208
PIPE JOINT TYPES AND MATERIALS
12
208-3
MAC WRAP
12
SECTION 215
CONTECH CDS UNITS AND WEIR BOXER
12
215-1
CDS UNITS AND WEIR BOXES
12
215-1.1
General
12
215-1.2
Submittals
12
215-1.3
Manufacturer and Installation
12
PART 3 ---CONSTRUCTION METHODS
SECTION 300
EARTHWORK
12
300-1
CLEARING AND GRUBBING
12
300-1.3
Removal and Disposal of Materials
12
300-1.3.1
General
12
300-1.3.2
Requirements
13
300-1.5
Solid Waste Diversion
13
SECTION 308
LANDSCAPE AND IRRIGATION INSTALLATTION
13
308-6
MAINTENANCE AND PLANT ESTABLISHMENT
13
308-9
PLANT GUARANTEE AND REPLACEMENT
13
APPENDIX A — CONTECH CDS SPECIFICATIONS
SECTION 215-A
STORM WATER TREATMENT DEVICE
15
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
CONTRACT NO. 4915
INTRODUCTION
SP 1 OF 19
All work necessary for the completion of this contract shall be done in accordance with
(1) these Special Provisions; (2) the Plans (Drawing No. D -5364-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 City's 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 procuring and installing CDS units and weir boxes including
the excavation, remove existing improvements, backfill and compaction, replace
asphalt, install vegetation on the existing slope, and restore pavement."
SECTION 3 ---CHANGES IN WORK
3-3 EXTRA WORK
3-3.2 Payment
3-3.2.3 Markup. Replace this section with the following:
"(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
SP 2 OF 19
3) Equipment Rental ........................... 15
4) Other Items and Expenditures ........... 15
To the sum of the costs and markups provided for in this subsection, one (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 (prior to any markups) of such work. A markup of
10 percent on the first $5,000 of the subcontracted portion of the extra work and a
markup of 5 percent on work added in excess of $5,000 of the subcontracted portion
of the extra work may be added by the Contractor.
SECTION 4 ---CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
Add Section 4-1.3.4 Inspection and Testing
"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: "Within seven (7)
Calendar days after completion of the work or phase of work, the Contractor shall
remove all USA utility markings. Removal by sand blasting is not allowed. Any surface
damaged by the removal effort shall be repaired to its pre -construction condition or
better. The Contractor shall use a chalk based marking paint."
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."
SP3OF19
Add Section 5-7 ADJUSTMENT TO GRADE
5-7 ADJUSTMENTS TO GRADE. The Contractor shall adjust or replace to finish grade
of 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 Telephone, cable television, and any other utility facilities to have their
existing utilities adjusted to finish grade. The Contractor shall coordinate with each
utility company for the adjustment of their facilities in advance of work to avoid potential
delays to the Project Schedule.
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.'
6-1.1 Construction Schedule. Add the following between the first and second
paragraphs of this section:
No work shall begin until a "Notice to Proceed" has been issued, a pre -construction
meeting has been conducted, and a schedule of work has been approved by the
Engineer. The Contractor shall submit a construction schedule to the Engineer for
approval a minimum of five working days prior to the pre -construction meeting.
Schedule may be bar chart or CPM style.
The Engineer will review the schedule and may require the Contractor to modify the
schedule to conform to the requirements of the Contract Documents. If work falls behind
the approved schedule, the Contractor shall be prohibited from starting additional work
until Contractor has exerted extra effort to meet the original schedule and has
demonstrated that the ability to maintain the approved schedule in the future. Such
stoppages of work shall in no way relieve the Contractor from the overall time of
completion requirement, nor shall it be construed as the basis for payment of extra work
because additional personnel and equipment were required on the job."
6-7 TIME OF COMPLETION
6-7.1 General. Add to this section: "The Contractor shall complete all work
under the Contract within 60 consecutive working days after the date on the
Notice to Proceed. Up to 40 working days are given for procurement of the CDS units.
Once excavation work begins, the Contractor must complete the work within 20
consecutive working days.
SP 4 OF 19
The Contractor shall ensure the availability and delivery 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 15+
(New Year's Day), the third Monday in January (Martin Luther King Day), the third
Monday in February (President's Day), the last Monday in May (Memorial Day), July 4+n
the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth
Thursday and Friday in November (Thanksgiving and Friday after), December 24th
(Christmas Eve), December 25th (Christmas), and December 31" (New Year's Eve). If
the holiday falls on a Sunday, the following Monday will be considered the holiday. If
the holiday falls on a Saturday, the Friday before will be considered the holiday."
6-7.4 Working Hours. Normal working hours are limited to 8:00 a.m. to 4:00
p.m., Monday through Friday. The Contractor will be required to coordinate working
hours in the Corporation Yard that result in minimum disruption to the refuse transfer
station adjacent to the work. Contractor shall contact Refuse Superintendent Keith
Hinckley at 949-718-3466 for coordination.
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 4:00 p.m. to
6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working
outside the normal working 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 $146 per hour when such time
periods are approved.
For those locations where alternative work hours would facilitate the construction and
minimize the disruption to the community, the following requirements shall apply:
(Potential alternative work hours locations include the Corporation Yard. The
Contractor may suggest other locations)
A. Alternative work hours shall be considered to be from 3:00 p.m. to 9:00
p.m. Sunday through Thursday. No work is allowed Friday or Saturday
nights.
B. The Engineer must approve all requests for alternative work hours.
C. The Contractor shall notify the Engineer two weeks prior to the start of any
requested alternative work hours.
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
SP5OF19
Contractor shall pay to the City or have withheld from moneys due it, the daily sum of
$500.00
Revise paragraph two, sentence one, to read: "Execution of the Contract shall
constitute agreement by the Agency and Contractor that the above liquidated damages
per day is the minimum value of the costs and actual damage caused by the failure of
the Contractor to complete the Work within the allotted time.
The intent of this section is to emphasize to the Contractor the importance of
prosecuting the work in an orderly preplanned continuous sequence so as to minimize
inconvenience to residences, businesses, vehicular and pedestrian traffic, and the
public as a result of construction operations."
SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR
7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES
7-1.2 Temporary Utility Services. Add to this end of this section: "If the
Contractor elects to use City water, he shall arrange for a meter and tender an $857
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.
City shall designate to the Contractor the location of the fire hydrant or other connection
acceptable for drawing of construction and temporary water. City reserves the right to
limit the location, times and rates of drawing of such water"
7-5 PERMITS. Add to this section: 'The Contractor shall follow the provisions of the
Caltrans Encroachment Permit to be provided prior to beginning construction and pay
for all necessary fees associated with getting a rider to the City's Permit."
7-8 WORK SITE MAINTENANCE
Add Section 7-8.4.3 Storage of Equipment and Materials in Public Streets
7-8.4.3 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 in advance.
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
SP 6 OF 19
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."
7-8.6 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. Additional information can be found at
www.cleanwaternewport.com."
7-8.6.2 Best Management Practices (BMPs). Add to this section: The
Contractor shall submit a Best Management Practice (BMP) plan for containing any
wastewater or storm water runoff from the project site including, but not limited to the
following:
a. No placement of construction materials where they could enter storm drain system,
which includes gutters that lead to catch basins.
b. Checking construction vehicles for leaking fluids.
c. Providing a controlled area for cleaning or rinse -down activities.
d. Monitoring construction activities.
e. Minimizing usage of water when saw -cutting and vacuum the residue.
f. Providing measures to capture or vacuum -up water contaminated with
construction debris.
g. Removing any construction related debris on a daily basis.
h. Protecting work areas from erosion.
The BMP will be approved by the Engineer prior to any work. The City of Newport
Beach will monitor the adjacent storm drains and streets for compliance. Failure of the
Contractor to follow BMP will result in immediate cleanup by City and back -charging the
Contractor for all costs plus 15 percent. The Contractor may also receive a separate
Administrative Citation per Section 14.36.030A23 of the City's Municipal Code.
7-8.7.2 Steel Plates. "Steel plates utilized for trenching shall be the slip
resistant type per Caltrans Standards. In addition, steel plates utilized on arterial
highways shall be pinned and recessed flush with existing pavement surface."
7-10 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
SP7OF19
Specifications and the Work Area Traffic Control Handbook (WATCH), also published
by Building News, Inc.
Pedestrian access to all storefronts, offices, residences, etc., within the limits of work
must be maintained at all times. The Contractor shall cooperate with the Engineer to
provide advance notice to any and all establishments whose access will be impacted by
construction operations, particularly sidewalk construction. The Contractor shall furnish
and install signage, barricades, delineators, yellow safety ribbon, and any other
measures deemed necessary by the Engineer to safely direct the public around areas
of construction, and into (and out of) the affected establishments. Such measures shall
be shown on the Detailed Traffic Control Plans (see Section 7-10.3)."
7-10.3 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 showing typical closures and detour
plans(s). 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. Typical closures shall conform to the
provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest
Edition. Traffic control and detours shall incorporate the following items:
1. Emergency vehicle access shall be maintained at all times.
2. The locations and wordings of all barricades, signs,, delineators, lights, warning
devices, parking restrictions, and any other required details shall ensure that all
pedestrian and vehicular traffic will be handled in a safe manner with a
minimum of inconvenience to the public.
3. All advanced warning sign installations shall be reflectorized and/or lighted.
4. The Contractor shall accommodate the City's trash collection. If the
Contractor elects to work on a street during its trash collection day, it shall be
the Contractor's responsibility to make alternative trash collection
arrangements by contacting the City's Refuse Superintendent, at (949) 718-
3466 and all affected property owners.
5. At a minimum, the Contractor shall maintain one lane of traffic in each
direction when completing their work.
6. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE
CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs
mounted on barricades in order on the approach and at the closure."
7-10.4 Safety
SP8OF19
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."
Add the following Section 7-10.5 "No Parking" Signs
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 by the City at no cost to the Contractor. However, the City
reserves the right to charge $2.00 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 City of Newport Beach
"Temporary Tow -Away, No Parking" signs 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 non -erase letters and numbers. A sample
of the completed sign shall be reviewed and approved by the Engineer prior to posting.
Add the following Section 7-10.6 Notice to Residents
7-10.6 Notices to Residents and Businesses. Ten working days prior to
starting work, the Contractor shall deliver a construction notice to businesses and
residents within 500 feet of the project, describing the project and indicating the limits of
construction. The City will provide the notice.
Forty-eight hours prior to the start of construction, the Contractor shall distribute a
second written notice prepared by the City clearly indicating specific dates in the space
provided on the notice when construction operations will start for each block or street,
what disruptions may occur, and approximately when construction will be complete. An
interruption of work at any location in excess of 14 calendar days shall require re -
notification. The Contractor shall insert the applicable dates and times at the time the
notices are distributed.
The written notices will be prepared by the City, but shall be completed and distributed
by the Contractor. Errors in distribution, false starts, acts of God, strikes or other
alterations of the schedule will require Contractor re -notification using an explanatory
letter furnished by the City.
SP9OF19
Add the following Sections:
"7-15 CONTRACTOR'S LICENSES. At the time of the award and until completion of
work, the Contractor shall possess an A 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.
The "As -Built' shall be submitted and approved by the Engineer prior to final payment
or release of any bonds.
The Contractor shall maintain books, records, and documents in accord with generally
accepted accounting principles and practices. These books, records, and documents
shall be retained for at least three years after the date of completion of the project.
During this time, the material shall be made available to the Engineer. Suitable facilities
are to be provided for access, inspection, and copying of this material."
SECTION 9 ---MEASUREMENT AND PAYMENT
9-3 PAYMENT
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 and Demobilization: Work under this item shall include
providing bonds, insurance and financing, materials procurement, preparing the
SWPPP or BMP Plan and construction schedule, and all other related work as required
by the Contract Documents. It shall also include work to demobilize from the project
site including but not limited to site cleanup, removal of USA Markings and providing
any required documentation as noted in these Special Provisions.
SP 10 OF 19
Item No. 2 Utility Identification: Work under this item shall include the cost to
pothole existing utilities to determine depth of existing utilities and any potential conflicts
with the plans, and all other related utility locating work as required by the Contract
Documents.
Item No. 3 CALTRANS Permit Conditions: Work under this item shall
include the cost apply for the rider to the City's CALTRANS encroachment permit and
to comply with CALTRANS permit conditions. An amount of $5,000.00 is determined for
this bid item. This bid item will be paid to the Contractor as time and materials for
compliance with CALTRANS permit conditions. The actual permit conditions will be
Item No. 4 Traffic Control: Work under this item shall include delivering all required
notifications and temporary parking permits, post signs and all costs incurred notifying
residents. In addition, this item includes, if required, preparing traffic control plans
prepared and signed by a California licensed traffic engineer, and providing the traffic
control required by the project including, but not limited to, signs, cones, barricades,
flashing arrow boards, K -rail, flagpersons. This item includes furnishing all labor, tools,
equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest
edition, and City of Newport Beach Requirements.
Item No. 5 6 -inch Thick Concrete Pavement: Work under this item shall include
constructing 6 -inch thick PCC concrete pavement and all other work items as required
to complete the work in place.
Item No. 6 Construct 6" Concrete Pad: Work under this item shall include
constructing P.C.C. pad over 95% compacted native material and all other work items
as required to complete the work in place.
Item No. 7 Removable Bollards: Work under this item shall include providing and
installing the removable bollards per the plans and specifications, and all other work
items as required to complete the work in place.
Item No. 8 Storm Drain Bypass During Construction: Work under this item shall
include providing any pumping, piping or other material required to bypass the existing
storm drain flow during construction and all other work items as required to complete
the work in place.
Item No. 9 CDS Unit and Weir Box: Work under this item. shall include providing
and installing Contech CDS Unit and Weir Box including, but not limited to, removing
pavement, exposing utilities in advance of work, excavation, shoring, temporary
patching or plating, controlling ground and surface water, slurry backfill, compaction,
place 24" compacted rock base, disposing of excess excavated materials, installing
base, shaft, steps, grade rings, manhole frames and covers, connections to existing
facilities, removing, abandoning or protecting interfering portions of existing utilities or
improvements, temporary and permanent support of utilities, and all other work items
as required to complete the work in place.
SP 11 OF 19
Item No. 10 Plant Material: Work under this item shall include providing and
installing the mature ice plants, and all other work items as required to complete the
work in place.
Item No. 11 Maintenance and Plant Establishment Period (90 Days): Work under
this item shall include the cost of all labor, equipment and materials including, but not
limited to, manpower, fertilizers, replacement plant materials, supervision and all other
items necessary to maintain and establish the new plantings.
Item No. 12 Provide As -Built Plans Work under this item shall include all
actions necessary to provide as -built drawings. These drawings must be kept up to
date and submitted to the Engineer for review prior to request for payment. An amount
of $500.00 is determined for this bid item. The intent of this pre-set amount is to
emphasize to the Contractor the importance of as -build drawings.
Item No. 13 Remove all USA Markings and Restore Pavement Surfaces. Work
under this time shall include, but not be limited to, removing all USA markings within the
work area and cleaning all pavement surfaces to pre -construction condition.
Sandblasting is not permitted.
9-3.2 Partial and Final Payment. Delete the third paragraph and replace with the
following: "From each progress estimate, five (5) percent will be retained by the
Agency, and the remainder less the amount of all previous payments will be paid."
Add to this section: "Partial payments for mobilization and traffic control shall be
made in accordance with Section 10264 of the California Public Contract Code."
PART 2
CONSTRUCTION MATERIALS
SECTION 201 --- CONCRETE, MORTAR, AND RELATED MATERIALS
201-1 PORTLAND CEMENT CONCRETE
201-1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement
Concrete for construction shall be Class 560-C-3250."
201-2 REINFORCEMENT FOR CONCRETE
201-2.2.1 Reinforcing Steel. Add to this section: 'Reinforcing steel shall be
Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown
otherwise on the plans."
SP 12 OF 19
208 PIPE JOINT TYPES AND MATERIALS
208-3 Mac Wrap. Add to this section: "The Contractor shall seal the new weir
box joint to the existing pipe using Mac Wrap."
SECTION 215 --- CONTECH CDS UNITS AND WEIR BOXES
215-1 CDS UNITS AND WEIR BOXES
215-1.1 General. CDS Units shall be Contech CDS Units as shown on the plans
and in the Specifications.
215-1.2 Submittals. Contractor shall provide shop drawings to the Engineer prior
to ordering any materials. The review period shall be 20 working days.
215-1.3 Manufacturer and Installation. The Unit shall be manufactured by
Contech. The Units shall be installed in accordance with the manufacturer's
recommendation and specification. See the attached Appendix for full CDS Unit
Specifications.
PART 3
CONSTRUCTION METHODS
SECTION 300 ---EARTHWORK
300-1 CLEARING AND GRUBBING
300-1.3 Removal and Disposal of Materials
Add to this Section: "Removal and disposal of material shall be done by City
approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of
approved haulers can be provided upon request or be found on the City's website at:
http://newportbeachca.gov/index.aspx?page=157 and 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 for Public Works Construction
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
shall remove any broken concrete, debris or other deleterious material from the job site
at the end of each workday or as directed by the Engineer. All areas of roadway
SP 13 OF 19
removal and replacement shall have a minimum trench width of 3 -feet to facilitate
maximum compaction. Contractor shall meet with the Engineer to mark out the areas
of roadway removal and replacement.
The Contractor shall dispose of all excess or waste material and shall include all fees
for such disposal in the appropriate bid items."
300-1.3.2 Requirements
(c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley
Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly
made to a minimum of two (2) inches." Replace the words 1-1/2 inch" of the last sentence
with the words "two (2) inches".
Add the following Section 301.5 Solid Waste Diversion
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 and provide appropriate confirmation documentation
from the recycling facility. All material disposal manifests shall be provided to the
Engineer prior to release of final retention."
SECTION 308 ---LANDSCAPE AND IRRIGATION INSTALLATION
308-6 MAINTENANCE AND PLANT ESTABLISHMENT After all planting is
completed, the Contractor shall schedule a meeting with the City Inspector to approve
the planting and begin the 90 calendar day maintenance and plant establishment
period. Any materials found to be dead, missing or in poor condition during the
Maintenance and Plant Establishment Period shall be replaced immediately. The City
Inspector shall be the sole judge as to the condition of the material.
308-9 PLANT GUARANTEE AND REPLACEMENT All plant material installed
under the contract shall be guaranteed against any and all poor, inadequate or inferior
materials and/or workmanship for a period of one (1) year from the effective date of
completion of the Maintenance and Plant Establishment period. Any plant found to be
dead or in poor condition due to faulty materials or workmanship, as determined by the
City Inspector, shall be replaced by the Contractor at his expense. Material to be
replaced with this guarantee period shall be replaced by the Contractor within seven (7)
days of written notification by the City.
SP 14 OF 19
APPENDIX A - CONTECH CDS
SPECIFICATIONS
SECTION 215-A
STORM WATER TREATMENT DEVICE
PART 1 — GENERAL
1.1 DESCRIPTION
A. Scope
SP 15 OF 19
The Contractor shall furnish all labor, equipment and materials necessary to
install the storm water treatment device(s) (SWTD) and appurtenances
specified in the Drawings and these specifications.
1.2 QUALITY ASSURANCES
A. Inspection
All components shall be subject to inspection by the engineer at the place of
manufacture and/or installation. All components are subject to rejected or
identified for repair if the quality of materials and manufacturing do not comply
with the requirements of this specification. Components which have been
identified as defective may be subject for repair where final acceptance of the
component is contingent on the discretion of the Engineer.
B. Warranty
The manufacturer shall guarantee the SWTD components against all
manufacturer originated defects in materials or workmanship for a period of
twelve (12) months from the date the components are delivered to the owner
for installation. The manufacturer shall upon its determination repair, correct or
replace any manufacturer originated defects advised in writing to the
manufacturer within the referenced warranty period. The use of SWTD
components shall be limited to the application for which it was specifically
designed.
C. Manufacturer's Performance Certificate
The SWTD manufacturer shall submit to the Engineer of Record a
"Manufacturer's Performance Certification" certifying that each SWTD is
capable of achieving the specified removal efficiencies listed in these
specifications. The certification shall be supported by independent third -party
research.
SP 16 OF 19
1.3 SUBMITTALS
A. Shop Drawings
The contractor shall prepare and submit shop drawings in accordance with
Section 2 of the APWA. The shop drawings shall detail horizontal and vertical
dimensioning, reinforcement and joint type and locations.
PART 2.0 — PRODUCTS
2.1 MATERIALS AND DESIGN
A. Precast concrete components shall conform to applicable sections of ASTM C
478, ASTM C 857 and ASTM C 858 and the following:
1. Concrete shall achieve a minimum 28 -day compressive strength of 4,000
pounds per square -inch (psi);
2. Unless otherwise noted, the precast concrete sections shall be designed to
withstand lateral earth and AASHTO H-20 traffic loads;
3. Cement shall be Type III Portland Cement conforming to ASTM C 150;
4. Aggregates shall conform to ASTM C 33;
5. Reinforcing steel shall be deformed billet -steel bars, welded steel wire or
deformed welded steel wire conforming to ASTM A 615, A 185, or A 497.
6. Joints shall be sealed with preformed joint sealing compound conforming to
ASTM C 990.
7. Shipping of components shall not be initiated until a minimum compressive
strength of 4,000 psi is attained or five (5) calendar days after fabrication
has expired, whichever occurs first.
B. Internal Components and appurtenances shall conform to the following:
1. Screen and support structure shall be manufactured of Type 316 and
316L stainless steel conforming to ASTM F 1267-01;
2. Hardware shall be manufactured of Type 316 stainless steel conforming
to ASTM A 320;
3. Fiberglass components shall conform to the National Bureau of
Standards PS -15 and coated with an isophalic polyester gelcoat;
4. Access system(s) conform to the following:
a. Manhole castings shall be designed to withstand AASHTO H-20
loadings and manufactured of cast-iron conforming to ASTM A 48
Class 30.
2.2 PERFORMANCE
A. REMOVAL EFFICIENCIES
SP 17 OF 19
1. The SWTD shall be capable of achieving an 80 percent average annual
reduction in the total suspended solid load.
2. The SWTD shall be capable of capturing and retaining 100 percent of
pollutants greater than or equal to 3/16 of an inch regardless of the
pollutant's specific gravity (i.e.: floatable and neutrally buoyant materials) for
flows up to the device's rated -treatment capacity. The SWTD shall be
designed to retain all previously captured pollutants addressed by this
subsection under all flow conditions.
3. The SWTD shall be capable of capturing and retaining total petroleum
hydrocarbons. The SWTD shall be capable of achieving a removal
efficiency of 92 and 78 percent when the device is operating at 25 and 50
percent of its rated -treatment capacity. These removal efficiencies shall be
based on independent third -party research for influent oil concentrations
representative of storm water runoff (20 ± 5 mg/L). The SWTD shall be
greater than 99 percent effective in controlling dry -weather accidental oil
spills.
B. HYDRAULIC CAPACITY
1. The SWTD shall provide a rated -treatment capacity in accordance with
Table 1. At this rated -treatment capacity, the device shall be capable of
achieving an 80 percent removal efficiency for a particle distribution having
a mean particle size (d50) of 125 microns. This removal efficiency shall be
supported by independent third -party research.
2. The SWTD shall maintain the peak conveyance capacity of the drainage
network as defined by the Engineer.
C. STORAGE CAPACITY
1. The SWTD shall be designed with a sump chamber for the storage of
captured sediments and other negatively buoyant pollutants in between
maintenance cycles. The minimum storage capacity provided by the sump
chamber shall be in accordance with the volume listed in Table 1. The
boundaries of the sump chamber shall be limited to that which do not
degrade the SWTD's treatment efficiency as captured pollutants
accumulate. The sump chamber shall be separate from the treatment
processing portion(s) of the SWTD to minimize the probability of fine
particle re -suspension. In order to not restrict the Owner's ability to
maintain the SWTD, the minimum dimension providing access from the
ground surface to the sump chamber shall be 20 inches in diameter.
2. The SWTD shall be designed to capture and retain Total Petroleum
Hydrocarbons generated by wet -weather flow and dry -weather gross spills.
SP 18 OF 19
The minimum storage capacity provided by the SWTD shall be in
accordance with the volume listed in Table 1.
2.3 MANUFACTURER
The manufacturer of the SWTD shall be one that is regularly engaged in the
engineering design and production of systems deployed for the treatment of storm
water runoff for at least five (5) years and which have a history of successful
production, acceptable to the Engineer. In accordance with the Drawings, the
SWTD(s) shall be a CDS® device manufactured by:
CONTECH Construction Products, Inc.
9025 Centre Point Dr, Suite 400
West Chester, OH 45069
(866)551-8325
PART 3 — EXECUTION
3.1 HANDLING AND STORAGE
1. The contractor shall exercise care in the storage and handling of the SWTD
components prior to and during installation. Any repair or replacement costs
associated with events occurring after delivery is accepted and unloading has
commenced shall be borne by the contractor.
3.2 INSTALLATION
1. The SWTD shall be installed in accordance with the manufacturer's
recommendations and related sections of the contract documents. The
manufacturer shall provide the contractor installation instructions and offer on-
site guidance during the important stages of the installation as identified by the
manufacturer at no additional expense. A minimum of 72 hours notice shall be
provided to the manufacturer prior to their performance of the services included
under this subsection.
2. The contractor shall fill all voids associated with lifting provisions provided by
the manufacturer. These voids shall be filled with non -shrinking grout providing
a finished surface consistent with adjacent surfaces. The contractor shall trim
all protruding lifting provisions flush with the adjacent concrete surface in a
manner, which leaves no sharp points or edges.
3. The contractor shall removal all loose material and pooling water from the
SWTD prior to the transfer of operational responsibility to the Owner.
SP 19 OF 19
TABLE 1
Storm Water Treatment Device
Hydraulic and Storage Capacities
CDS Model
Treatment
Capacity
cfs
Minimum
Sump
Storage
Capacity
d'
Minimum Oil
Storage
Capacity
al
CDS2015-4
0.7
0.5
47
CDS2015
0.7
1.45
92
CDS2020
1.1
1.45
131
CDS2025
1.7
1.45
143
CDS3020
2.2
2.10
146
CDS3025
2.5
2.10
175
CDS3030
3.0
2.10
205
CDS3035
3.8
2.10
234
CDS4030
4.5
5.60
407
CDS4040
6.0
5.60
492
CDS4045
7.5
5.60
534
CDS2020-D
1.1
1.30
131
CDS3020-D
2.2
2.10
146
CDS3030-D
3.0
2.10
205
CDS4030-D
4.5
4.25
328
CDS4040-D
6.0
4.25
396
CDS5640-D
9.0
5.60
490
CDS5653-D
14.0
5.60
599
CDS5668-D
19.0
5.60
733
CDS5678-D
25.0
5.60
814
CDS3030-DV
3.0
2.10
205
CDS5042-DV
9.0
1.90
294
CDS5050-DV
11.0
1.90
367
CDS7070-DV
26.0
3.30
914
CDS10060-DV
30.0
11.6
792
CDS10080-DV
50.0
11.6
1057
CDS100100-DV
64.0
11.6
1320
END OF SECTION
I:\Users\PBW\Shared\Conlracts\FY 11-12\C-4915 - Storm Drain Interceptors\SPECS C-4915.doc
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. "
Date Received: 6-04-12 Dept./Contact Received From: Shari
Date Completed: 6-04-12 Sent to: Shari By: Joel
Company/Person required to have certificate: Excel Paving Company
Type of contract: All Other
1. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 11-01-11/11-01-12
A.
INSURANCE COMPANY: Old Republice General Ins. Corporation
B.
AM BEST RATING (A-: VII or greater): A: IX
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
1,000,000/2,000,000
E.
ADDITIONAL INSURED ENDORSEMENT— please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑ Yes ® No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 11-01-11/11-01-12
A.
INSURANCE COMPANY: Old Republic General Ins. Corporation
B.
AM BEST RATING (A-: VII or greater) A: IX
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
1,000,000
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
® NIA ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ NIA ❑ Yes ® No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes 0 No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 11-01-11/11-01-12
A.
INSURANCE COMPANY: Old Republic General Ins. Corporation
B.
AM BEST RATING (A-: VII or greater): A: IX
C.
ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
® Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes
❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO WHICH ITEMS NEED TO BE COMPLETED?
Approved:
4 � 6-04-12
Agent of Alliant Insurance Services Date
Broker of record for the City of Newport Beach
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
O N/A ❑ Yes ❑ No
® Yes ❑ No
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _
Self Insured Retention or Deductible greater than $ 1 ❑ NIA ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Approved:
Risk Management
* Subject to the terms of the contract.
UP ID: JR
04n9P'" CERTIFICATE OF LIABILITY INSURANCE
E IMMIDDIYYYY)
OAT06120112
06120112
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER 949-553-9800
CONTACT
The Wooditch Company Insurance 949-553-0670
Services, Inc.
1 Park Plaza, Suite 400
Irvine, CA 92614
William S. Wooditch
PHONE FAX
AIC No Eau, JAIC, No),
E-MAIL
ADDRESS:
PRODUCER EXCELP1
CUSTOMER,,
INSURER(S) AFFORDING COVERAGE NAIC #
INSURED Palp, Inc., dba:
INSURER A:Old Republic General Ins. Corp 24139
Excel Paving Company
2230 Lemon Avenue
Long Beach, CA 90806
INSURER B:
INSURER C :
INSURER D
INSURER E :
A1CG$0211106
INSURER F:
11!01112'
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFF
IMIDDIYYYY
POLICY ESP
MMIDDIYYYY
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE 5 1,000,000
A
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE Fx_1 OCCUR
X
A1CG$0211106
11/01/11
11!01112'
PREMISES Ea occurrence S 100,000
MED EXP (Any one person) S 5,000
PERSONALS ADV INJURY S 1,000,000
GENERAL AGGREGATE S 2,000,000
GEN'L AGGREGATE
LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGO S 2,000,000
POLICY
PRO- LOG
X
$
A
AUTOMOBILE
LIABILITY
ANY AUTO
lCAS0211108
-
11101111
11101112
COMBINED. SINGLE LIMIT S 1,000,000
(Ea accident)
BODILY I NJURY(Per person) $
ALL OWNED AUTOSa001LY
INJURY (Per acctlenQ $
JX
SCHEDULEDAUTOS
HIREDAUTOS
PROPERTY DAMAGE
(Per accident) $
NON-OWNEDAUTOS
S
$
UMBRELLA LIAR
OCCUR
EACH OCCURRENCE S
AGGREGATE S
EXCESS LIAR
CLAIMS -MADE
DEDUCTIBLE
S
$
RETENTION S
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITYER
ANY PROPRIETORIPARTNERIEXECUTIVE YIN
OFFICERIMEMSER EXCLUDED? �
(Mandatory In NH)
NIA
X
/t1CW50211108
r
11f01111
11101112
X WCSLATUS OTl-
E.L. EACH ACCIDENT $ 1,000,000
E.L. DISEASE - EA EMPLOYEES 1,000,000
If yes, tlesctlbe antler
DESCRIPTION OF OPERATIONS below
I
E.L. DISEASE -POLICY LIMIT $ 1,0003000
DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is requiretl)
'Except 10 Days Notice of Cancellation for Non -Payment of Premium.
RE: Excel Job #4954; Storm Drain CDS Unit Construction; Contract No. 4915.
City Of Newport Beach, its elected or appointed officers, agents, officials,
employees, and volunteers are named as Additional Insureds as respects
General Liabilit per attached endorsement. SEE NOTES' lai Iwcwv
NEWPORT
City of Newport Beach
Public Works Department
3300 Newport Blvd.
PO Box 1768
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
1988-2009 ACORD CORPORATION. All rights reserved.
ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: A1CG50211108 COMMERCIAL GENERAL LIABILITY
CG 20 $7 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Persan(s)
Or Organization(s):
Location And Description Of Completed Opera -
tions
WHERE REQUIRED BY WRITTEN CONTRACT, BUT
ONLY WHEN COVERAGE FOR COMPLETED
OPERATIONS IS SPECIFICALLY REQUIRED BY
THAT CONTRACT.
Information required to complete this Schedule, if not shown above will be shown in the Declarations.
Section II — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, butonly with
respect to liability for "bodily injury" or "property
damage" caused, in whole or in. part, by "your work"
at the location designatedand described in the
schedule of this endorsement performed for that
additional insured and included in the "products -
completed operations hazard".
CG 20 37 07 04 0 190 Properties, Ine., 204 Page 1 of 1 ❑
POLICY NUMBER: AlCG50211108
COMMERCIAL GENERAL LIABILITY
CG 20 10 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Persons)
Or Organizationp):
Location(s) Of Covered Operations
WHERE REQUIRED BY WRITTEN CONTRACT.
Information required to cum fele this Schedule if nut shown above will tie shown in the Declarations.
A. Section n — who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, bid only
with respect to liability for "bodily Injury", "property
damage" or "personal and advertising Injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insufed(s) at the locufion(s) desig-
naled above.
B. With respect to the insurance afforded to these
additional insureds, the following additional exclu-
sions apply:
This insurance does not apply to "bodily injury" or
"property damago" occurring after:
1. All work, including materials, parts or equip-
ment furnished in connection with such work,
on the project (other than service, mainten-
ance or repairs) to be performed by or on be-
half of the additional Insured(s) at the location
of the covered operations has been completed:
or
2. That portion of "your work" out of which the
injury or damage arises has been put to its In-
tended use by any person or organization other
than another contractor or subcontractor en-
gaged In performing operations for a principal
as a par(of the same project.
CG 20 10 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1
OLD REPUBLIC GENERAL INSURANCE CORPORATION
CHANGES ADDITIONAL INSURED PRIMARY WORDING SCHEDULE
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Name of Additional Insured Persons)
Or Organizationjs):
As required by written contract.
Location(s) of Covered Operations
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Tho insurance provided by this endorsement is primary insurance and we will not seek contribution from
any other insurance of a like kind available to the person or organization shown in the schedule above
unless the other insurance is provided by a contractor other than the person or organization shown In the
schedule above for the same operation and job location. If so, we will share with that other insurance by
the method described in paragraph 4.c. of Section IV - Commercial General Liability Conditions.
All other terms and conditions remain unchanged.
Named Insured
Palp, Inc. dba Excel Paving Company
AlCG50211108 i Endorsement No.
Policy Number
Policy Period
11/01/2011-11/01/2012to Endorsement Effective Date:
11/01/2011
Producers Name:
Old Republic Construction Insurance Agency Inc.
Producer Number:
AUTHORIZED REPRESENTATIVE
CG EN GN 0029 09 06
11/01/2011
DATE
OLD REPUBLIC GENERAL INSURANCE CORPORATION
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY. PI.F_ASE READ IT CAREFULLY.
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING:
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce
our right against the person or organization named in the Schedule. This agreement applies only to the extent that
you perform work under a written contract that requires you to obtain this agreement from us.
This agreement shall not operate directly Or indirectly to benefit anyone not named in the Schedule.
Schedule
WHEN REQUIRED BY WRITTEN CONTRACT.
The premium charge for this endorsement is $0.00
Named Insured
Palp, Inc. dba Excel Paving Company
Policy Number
AlCW50211106
Endorsement No.
Policy Period
11101/2011-11101/2012
Endorsement Effective Date:
11!01/2011
Producer's Name:
OLD REPUBLIC CONSTRUCTION INSURANCE AGENCY, INC.
Producer Number.
11/01/2011
AUTHORIZED REPRESENTATIVE DATE
WC 99 03 16 (01107)
O��EWPOR� CITY OF L
w 12 20?2
NEWPORT E CH
C4!lcORN' City Council Staff Report Agenda Item No. 14
June 12, 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: Tom Sandefur, P.E., Associate Civil Engineer
APPROVED: �,, 1,(,o
TITLE: Storm Drain CDS Unit Construction —Award of Contract No. 4915
ABSTRACT:
Staff received favorable construction bids for the Storm Drain CDS Unit Construction
project and is requesting City Council's approval to award the work to Palp Inc., (dba
Excel Paving Company).
RECOMMENDATIONS:
1. Approve the project drawings and specifications;
2. Award Contract No. 4915 to Excel Paving Company for the total bid price of
$261,456 and authorize the Mayor and City Clerk to execute the contract; and
3. Establish a contingency of $39,218 (approximately 15 percent) to cover the cost
of unforeseen work.
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding in the following accounts for the
award of this contract. The following funds will be expensed:
Proposed uses are as follows:
Account Description Account Number Amount
General Fund 7012-C2502010 $ 142,724.00
Measure M Competitive 7284-C2502010 $ 157,950.00
Total: $ 300,674.00
Storm Drain CDS Unit Construction —Award of Contract No. 4915
June 12, 2012
Page 2
Vendor Purpose Amount
Excel Paving, Inc. Construction Contract $ 261,456.00
Excel Paving, Inc. Construction Contingency 39,218.00
Total: $ 300,674.00
DISCUSSION:
The Orange County Transportation Authority (OCTA) provides Measure M grant funding
opportunities to support cleaning urban and . storm water runoff associated with
transportation corridors. City staff has identified and prioritized several locations within
the City where storm water trash & debris interceptors could be installed to improve
runoff water quality before it enters the bay or ocean. As part of this effort, staff then
applied for and received approval of two OCTA grants to fund the design and
construction of two Continuous Deflection Separator (CDS) trash & debris interceptors
at two high priority locations. The two CDS structures to be installed as part of this
project are on 42" storm drain lines that drain into the open bioswale along Newport
Boulevard just south of Industrial Way. The first location is in the embankment adjacent
to Newport Boulevard just south of 15th Street. The second location is in the back of
Corporation Yard near the transfer station. These two storm drain lines receive heavy
street litter flows during storm events. At times, the amount of street litter entering the
bioswale is so heavy that the outlet pipe clogs, requiring Municipal Operation workers to
clear the pipe to prevent Newport Boulevard from flooding. These CDS Units will
capture the street litter before it enters the bioswale and continues to the bay.
At 9:00 A.M. on May 23, 2012, the City Clerk opened and read the following bids for this
project:
BIDDER
Low Palp Inc, dba Excel Paving, Inc.
2 Nikola Corporation
3 AToM Engineering Construction
4 Beador Construction Company, Inc.
5 Transtar Pipeline, Inc.
6 Bali Construction, Inc.
7 GCI Construction, Inc.
8 Mike Bubalo Construction Co. Inc.
9 Paulus Engineering, Inc.
10 Atlas -Allied, Inc.
11 Caliagua, Inc.
12 Clarke Contracting Group
13 Garcia Juarez Construction
TOTAL BID AMOUNT
$261,456.00
$301,833.00
$333,100.00
$337,300.00
$337,750.00
$339,500.00
$357,700.00
$375,000.00
$379,100.00
$381,000.00
$386,540.00
$397,050.00
$424,600.00
-2-
Storm Drain CDS Unit Construction — Award of .Contract No. 4915
June 12, 2012
Page 3
The low total bid amount is 2.5 percent below the Engineer's Estimate of $267,900. The
low bidder, Excel Paving, Inc., possesses a California State Contractors License
Classification "A" as required by the project specifications. A check of the contractor's
references indicates satisfactory completion of similar projects for other public agencies.
The work necessary for the completion of this contract consists of procuring and
installing CDS units and weir boxes including the excavation, removal of existing
improvements, backfilling and compaction, replacing asphalt, installing vegetation on
the existing slope, and restoring pavement. Pursuant to the Contract Specifications, the
Contractor will have 40 consecutive working days to complete the shop drawings and
procure the materials and 20 consecutive working days to install the work.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this project exempt from the California
Environmental Quality Act ("CEQA") pursuant to Section 15302(c) (Construction
resulting in no expansion of facility capacity) 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).
Submitted by:
Badum
s Director
ment: A. Location Map
r
.�� �, ,'�
�.
LOCATION MAP
STORM DRAIN CDS UNIT CONSTRUCTION
CONTRACT NO. 4915
P /
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V Q PROJECT LOCATIONS
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