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HomeMy WebLinkAboutC-3652(A) - Dover Drive Sidewalk Improvements0 0 16 RECEh! :l „n 1 R,. .,,,I.. ()i .,nyr r.,i,nty RECORDING REQUESTED BY AND op. { . I I I 1 1 i U111 1 1 1 1 1 1 11 1 1 Ili I l i WHEN RECORDED RETURN TO:?V AUG _3 City Clerk ” " a Jill 11 kill 1, 110 a u City of Newport Beach THE „ 3300 Newport Boulevard C"01 ;ANPORT gFpfyt 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 Peterson -Chase General Engineering Construction, Inc., of Irvine, California, as Contractor, entered into a Contract on July 22, 2008. Said Contract set forth certain improvements, as follows: Dover Drive Street Improvement Project {C -3652) Work on said Contract was completed, and was found to be acceptable on July 14, 2009, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Great American Insurance Comoanv. BY roe 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 V IAX 15 , a�7� 1 at Newport Beach, Califomia. NE1Y�� BY .p City Clerk !� b �I N� 0 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 7 July 14, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen Luy, Associate Civil Engineer 949 - 644 -3330 or sluy @city.newport- beach.ca.us SUBJECT: DOVER DRIVE STREET IMPROVEMENT PROJECT — COMPLETION AND ACCEPTANCE, CONTRACT NO. 3652 Recommendations: 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 3. Release the Faithful Performance Bond 1 year after Council acceptance. Discussion: On July 22, 2008, the City Council authorized the award of the subject contract to Peterson -Chase General Engineering. Under this contract, Peterson -Chase General Engineering constructed new sidewalk, curb and gutter, asphalt concrete paving, pedestrian boardwalk structure, curb access ramp, catch basin modifications and other miscellaneous drainage facilities, guard cable fence and other miscellaneous tasks associated with the project construction. The contract has now been completed to the satisfaction of the Public Works Department. The contract construction costs were: Original bid amount: $393,600.00 Actual amount of bid items constructed: $401,114.00 Total amount of chanae orders: $63.576.41 Final contract cost: Change orders were approved for construction of an additional 95 feet of curb and gutter and 270 square feet of additional sidewalk. Based on high groundwater conditions, a change order:: was approved to modify the boardwalk to include additional piles and a grade beam. The final contract cost (including change orders and credit) was 18% above the original bid amount. CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK l.eilani 1. Brown, MMC July 15, 2009 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notices of Completion for the following projects: Dover Drive Street Improvement Project (C -3652) Oceanfront Alley Water Main Replacement (C -4007) 08 -09 Traffic Signal Upgrades (C4102) Central Library Air Conditioning Rehabilitation (C4138) Please record the enclosed documents and return them to the City Clerk's office. Thank you. Sincerely, �4&44� � Leilani I. Brown, M C City Clerk Enclosures 3300 Newport Boulevard • Post OIHce Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC July 14, 2010 Mr. Greg J. Chase Peterson -Chase General Engineering Construction, Inc. 1792 Kaiser Avenue Irvine, CA 92614 Subject: Dover Drive Street Improvement Project (C -3652) Dear Mr. Chase: On July 14, 2009, the City Council of Newport Beach accepted the work for subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on August 27, 2009. The Surety for the contract is Great American Insurance Company and the bond number is 3834744. Enclosed is the Faithful Performance Bond. Sincerely, �)�; �Kw r 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 Y � A August 27, 2009 • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Wlani I. Brown, MMC Mr. Greg J. Chase Peterson -Chase General Engineering Construction, Inc. 1792 Kaiser Avenue Irvine, CA 92614 Subject: Dover Drive Street Improvement Project (C -3552) Dear Mr. Chase: On July 14, 2009, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on July 23, 2009, Reference No. 2009000396509. The Surety for the contract is Great American Insurance Company and the bond number is 3834744. Enclosed is the Labor & Materials Payment Bond. Sincerely, www fgL Lll ani I. Brown, MMMC I u 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 • CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 11:00 AM on the 25th day of June, 2008, at which time such bids shall be opened and read for DOVER DRIVE STREET IMPROVEMENT PROJECT Contract No. 3652 $425,000.00 Engineer's Estimate by P'fephen G. Badum ublic Works Director Prospective bidders may obtain one set of bid documents for $25.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: "Class A — General Engineering Conctractor" For further information, call Mr. Steve Luy, Project Manager at (949) 644 -3330 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.city.newport-beach.ca.us CLICK: e- ontineservices /e- bidPublicWorks • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT DOVER DRIVE STREET IMPROVEMENT PROJECT CONTRACT NO. 3652 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ........................................................ .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER ............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL.. ............................................................................................................. PR -1 SPECIALPROVISIONS ................................................................. ...........................SP -1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT DOVER DRIVE STREET IMPROVEMENT PROJECT CONTRACT NO. 3652 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 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. 615876 A. C13, C32, B Contractor's License No. & Classification PETERWIKHASE GENERAL ENGINEERING CONSTRUCTION INC. Bidder �// eSCi'eo1� horized Signatur itle 6/06/000.0 Date • BOND# 0284226 PREMIUM NIL CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT DOVER DRIVE STREET IMPROVEMENT PROJECT CONTRACT NO. 3652 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum Of TEN PERCENT OF AMOUNT BID Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of MASTER FORMAL CONTRACT, Contract No. 3662 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 18TH day of JUNE 2009. PETERSON -CHASE GENERAL ENGINEERING CONSTRUCTION, INC. Name of Contractor (Principal) QUT AURICAN INSURANCE COMPANY Name of Surety 750 THE CITY DRIVE SOUTH #300 ORANGE, CA 92868 Address of Surety (714) 740 -2400 Telephone Ll Authorized Agent Signature RICHARD A. COON /ATTORNEY -IN -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 0 0 CALIFORNIA P• ACKNOWLEDGMENT 'e>r -e5- ';e 'a°- "a � yes: . -•r �:v N a e� - rrl' a+"� v .v •J�a+- °N°rrs, -a -N a a aJ °•JY"v.• eJr- STATE OF CALIFORNIA County of Orange On 06/18/08 before me, Lexie Sherwood. Nota Public Date Here Insert Name and Title o1 the Officer personally appeared Richard A. Coon Name(s) of Signer(s) 412�XIESHE R WO O D COMM. #1593951 NOTARY PUeU •CALIFORNIA ORANGE COUNTY 3 Comm. 61p. JULY 27, 2009 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 /sheAhey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behaallf 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 off ial seal Signature_ '.� Place Notary Seal Above Signature rRm— ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Signer(s) Other Than Named Capacity(fes) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee El Guardian or Conservator T ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate officer— Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here 02007 National NG" Aa odatlon • 9350 Be Soto Ave., P.O. Box 2402 • CM1mvorth, CA 91313 -2402 - w .Natlonafttaryorli Item *590] Reamer: C.Wi TolWree 1- 900 - 87&8827 GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET' CINCINNATI, OHIO 45202. 513 - 369.5000' FAX 513 - 723.2740 The number of persons authorized by this power of attorney is not more than FOUR No. 0 14406 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of Ate laws of the State of Ohio, does hereby nominee, constitute and appoint the person or persons named below its true and lawful attomeyin -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bounds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, provided Gnat the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limitof Power DAVID L. CULBERTSON ALL OF ALL CHARLES L. FLAKE ANAHEIM, $75,000,000.00 RICHARD A. COON CALIFORNIA LEXIE SHERWOOD This Power of Attorney revokes all previous powers issued in behalf of the attomey(s )-in -fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 201° day of, MARCH , 2007. Attest STATE OF OHIO, COUNTY OF HAMILTON - ss: GREAT AMERICAN INSURANCE COMPANY DAVID C. IOTCHIN (5133693811) On this 2& day of MARCH , 2007, before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; That it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Bound of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of diem. be and hereby is authorized, from time to time, to appoint one or more Attormys -in -Fact to execute on behalf of the Company, as surety, any and all bands, w derAcobwgs and contracts ofsuretyship, or other written obligations in the =lure thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid qfflcers and airy Secretary orAssistam Secretary of the Company may be affixed byfacsimile to arty power of attorney or certificate of either given for the execution of any bond undertaking contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature ofsuch officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION 1, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions ofthe Board of Directors of March 1, 1993 have not been revoked and are now in fill force and effect Signed and sealed this 18TH day of, JANE 12008 6 1029T (11101) 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ?ai.c..,- ..<,�rw:�>!�sC =� ..-� - t>..= i< {aNc2<,Srar,,:.v3S,.:...c�t�c�. L.�;;;9,r;:. .ai.c� ✓cs.:%y.� :�. a; {ai,.�i�., :.. Ai,�i..w.� s�._ni, =ii State of California County of i I aw On —M90' before me, �ew—�' r ��Ff��7l� f /c/ Date Here Insfift Name and Idle of the Officer personally appeared 1 � Place Notary Seel Alwve 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/herRheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and offi ' I ge I. Signatur t� ' Sig d Noary Pudic OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document / Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual • Corporate Officer —Title(s): — ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact Cl Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHIJPABPRINT OF SIGNER Number of Pages: Signer's Nar ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER 0 ��= .•��¢�¢�v¢��¢v:..s'•�s'� y <�:' ✓<' ✓. r�,,i ., Best's Rating Center - Comley Information for Great American *ranee Com... Page 1 of 1 Center Industry Research Ratings Definitions k Search Bests Ratings Press Releases Related Products ►i Industry A Regional Country Posh strudliedFlnence How to rid Rated Corded an Analyst vew Ratings: Financial Strength Issuer Credit Securities Advanced Search Great American Insurance Companies Oteer Webeemera r to —.1 N w..,Rmyrvno d e nryra, aGrpl T11IN'e.5 awgred Wwmre,iKaIMilave.r- mou,opinvi anew'La,M1earlybrte6l inev Plat A.Wee. e:..0 stick icke, New YOrk s-k E.Mrge mrsE PFG lae Na54ed yWK...I NASOAC PFG o,iao.e oilpa- b'I.Y.9,S Atltl255: 580 Walmit Street, 12th Floor Phone: 513 - 3695000 Cincinnati, OH 45202 Fax: 513- 3693608 Web: www.grummencaninsurance.com Best's Ratings Financial Strength Ratings View Definitions Issuer Credk Ratings View Definitions Rating: A(Excellent) Long -Term: a Financial Size Category: kill ($1.25 Billion to $1.5 Billion) Outlook: Stable Outlook: Stable Aclian: Assigned Action: Affirmed Date: December 17, 2007 Effective Data: December 17, 2007 * Denotes Under Review Best's Ratings Reports and News Visit our NewsRoom for Me latest news and press releases for this company and its A.M. 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US Best's Statement File - Global Boat's Insurance Reports - P/C US- &.Ganda Best's State Line - PIC, US Best's Insurance.Expense,Exhiblt (IEE) -PIC, US Beet's Regulatory Center Markel Share Reports Best's Schedule P (Loss Reeeryes) -.PLC, US Customer Service I Product Support I Member Center I Contact Info I Careers About A.M. Best I Site Map I Privacy Policy I Security I Terms of Use I Legal & Licensing Copyright C 2008 A M. Best Company, Inc. All rights reserved. A.M. Best WmrHmde Headquarters, Ambest Road. Oldwick, New Jersey. 08858. USA. http: / /www3. a m best. co m /rati ng s/F u l l Profii I e. a sp? B I =0 &A M B N u m= 5990 &A ItS rc =... 06/27/2008 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT DOVER DRIVE STREET IMPROVEMENT PROJECT CONTRACT NO. 3652 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: ACe Pence Cor"six 20 P %uatd �Ge ncc 3 Address: C -i4rol (VIdAA '(/ cf,;- Per Phone: ( 624) $31­07Z7 State License Number: Z(p ( (v 7d/ Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: PETERSONONE GENERA. ENGINEERING CONSTRUCTION INC. Bidder mod' P A; oorized Signatur itle 6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT DOVER DRIVE STREET IMPROVEMENT PROJECT CONTRACT NO. 3652 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. PETE MWHASE GENERAL ENGINEERING Bidders Name CONSTRUCTION INC. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: Project Name /Number er/e ss C/G/��tGL/ (At�llB�e Curb sG Project Description '�P y-e c lP.Y sfrurT (Oflc(et (ay-b i, Approximate Construction Dates: From artrb-r 2007 To: X14 ZOCU Agency Name Ca lfranS Contact Person Mce (WdQ24a(L Telephone (323) Original Contract Amount $ WI Final Contract Amount $ NOT FINAL YET 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 )Q� 609as • 0 No. 2 Project Name /Number. Coacrefe 9!placer a? O6— pEZ30y Project Description &—,aaee 6bnefe-k- died Grind Ex. PAVem&d Approximate Construction Dates: From 3 -10-2m$ To: _ J I y_ _ 2m al Agency Name C-A[+, G14%$ Contact Person dt's i'am A (✓Ip foU ( Telephone (Q) 3T- ttt747 Original Contract Amount $9,41 .Final Contract Amount $ NOT' PiNA -f._ YE1— 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. LJ No. 3 Project Name/Number /� S -�Q�II dal,g11 I/23 LifW�/1q✓ L, Cf 4o-Il rJ Project Description (�tlf'1 ru S9UVtOfll (� Cdr �f�J2 Approximate Construction ��,Dates: //Fr . __om /D —/5- ©7 To: 2Wz -S%` 2e08 Agency Name ���Y eft T�leJVSO%�ii �Li�S Contact Person _ L q #a// Raba- Telephone (8[4 40— 2443 Original Contract Amount $ 7 700% Final Contract Amount $ Vi0f -Al 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 No.4 1 ' -/ Project Name /Number )?eky & Pla,L (lWeeoFde al�P�,V t 07— �7'7BOy Project Description Approximate Construction Dates: From 7- 3(-0 7 To: 1JOy- evmbe! 2(g©ci Agency Name lam. Ify -arls Contact Person Andy 6eghe;& Telephone (3)1/) 609 -492611 Original Contract Amount $566,!41.' Final Contract Amount $ A107- PIMP - If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name /Number s Project Description Install Dyerh ad *1 Siraffa(p M.B -&R. r Barrie( Approximate Construction Dates: From 12-17-07 To: -3 -�-0 Agency Name U f noS Contact Person Telephone(" 5dq-503 Original Contract Amount $56aQ24Q. Final Contract Amount $ 3-b0, 231`7.64 If final amount is different from original, please explain (change orders, extra work, etc.) I xA-a Mort Orders 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. (yo • • No. 6 Project Name /Number SLAPS RE.- 'I.ALENMENF. D-7-2Y WQt Project Description _'PlY, S IAb and Awrpo6l S66 Re la Cem' -06# Approximate Construction Dates: From 3 -1 ?° 2006 To: Dezember zM(T Agency Name LQ (I rQIIS Contact Person MG46(_ Mi Telephone (3rd) 609-026 Original Contract Amount WV, 6V. -Final Contract Amount $ NOT %! NAC- If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contrac s current financial conditions. PETERSONOME GENERAL ENGINEERING CONSTRUCTION INC �✓ V. Bidder Authorized Siana e/Title 10 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT DOVER DRIVE STREET IMPROVEMENT PROJECT CONTRACT NO. 3652 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of Qra�Q ) ICK V . V60ek being first duly sworn, deposes and says that he or she is 1/ce lefj&WC of elSO� to C7.6. C., , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of Californi t at the foregoing is true and correct. PETERSO"HASE GENERAL ENGINEERING CONSTRUCTION INC. O'ce 46d-edf Bidder -/AuthQ1fi7P.f1 Sinnatnra la Subscribed and sworn to (or affirmed) before me on this day of by , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. [SEAL] 11 Notary Public My Commission Expires: 9 "1 f a _s>i aKiat4R¢s PirSee Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1 -5 to be completed only by document signer[s], not Notary) Signore of Documem Signer No. 1 State of California County of iAk1 L *mil Signature of DocumeM Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before me on this 25 day of -Zh4n — 20V-e— by Date + / Month Year tk: W y0�12�5 , Name igner proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (,) (and (2) Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeare before me.) Signature Signature 04otary Public Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document: Document Date: Signers) Other Than Named Above: Number of Pages: RIGHTTHUMBPRINT RIGHTTHUMBPRINT OF SIGNER #1 OF SIGNER 92 To ' ar✓«✓.c' ei% ��✓.:' o�- rr,«, crtis 'sc'yc' ✓cvc�.c'rc�.'r�,�rc�� ' �' c' yc�. evtei'✓ �' eic�2' dcvc'mc�,c'rcv�ycC ✓<'.vc�.cvc rr 'tL I 0 .• CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT DOVER DRIVE STREET IMPROVEMENT PROJECT CONTRACT NO. 3652 DESIGNATION OF SURETIES PETERSON-CHASE GENERAL ENGINEERING Bidders name CONSTRUCTION INC. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurancelbond type): �nSU�av�ce _3(ou9n irRM01 o 1 8t2 50fA' ClbQAWn Insurance SecVi% (7(14)921- ©530 15500 E..Sa4a k Goow R& Sie 201, Ana kei m CA- 82807 12 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT DOVER DRIVE STREET IMPROVEMENT PROJECT CONTRACT NO. 3652 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL PETERSONtMASE GENERAL ENGINEERING Bidders Name CONS-IMICTIN CONS-IM INC Record Last Five (5) Full Years Current Year of Record I he mtormation 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. 13 Current Record Record Record Record Record Yearof for for for for for Record 2007 2006 2005 2004 2003 Total 2008 No. of contracts 23 /8 22. 33 2C. 21 143 Total dollar Amount of Contracts (in Thousands of $ ) 15 .947 5 2 336 49 32- 3 Z 41Z j Z 8 77 1(68.743 No. of fatalities - - A -�— _t9__ No. of lost Workday Cases 2 3 1 g No. of lost workday cases involving permanent transfer to another job or termination of em to ment I he mtormation 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. 13 0 0 PETERSON-CHASE GENERAL ENGINEERING Legal Business Name of Bidder CONSTRUCTION W Business Address: 1_-19 2 kaiser- AyenU& firvr'r?g CA- 926(4 Business Tel. No.: (qqq) 2SZ- 0441 State Contractor's License No. and Classification: 61587 A, CI 3,632 , `Lb Title MICE Pt?F�IDFKT 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 limitntinnc of thnce rernrric Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners/joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act ors I -,half of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 . 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT _:�.:3:..�2r,,�,�>; i$;yy :7i.ai.�i,�"•\i..N,ai ai_a._a< /:j$ 1i.�c�. i /a>_a._a�i �i �i,�>,a>,�i �i.Ai 3:..3 Sai,:+' ar,:. . ?.�.�c.�1L.a��.•.S�i,.a>,.a >'� i;A #::> State of California County of �,rOLA On 6- Z5' 2X7 $ before me, MO(Ii(A V, Sae i k. N •'P Date � �" Here I ert Name an Trtlelofthne officer personally appeared Gi*e�,_ V(aSe A✓IG( �Lie_k \N • V E C� +�J Place Notary Seal Above 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/sheAhey executed the same in his/hedtheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS mseal. Signature Signature rotary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual • Corporate Officer— Trde(s): _ • Partner — ❑ Limited ❑ General • Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER 0 Number of Pages: Signer's Nar ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT 7Hl167BPRINT OF SIGNER CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT DOVER DRIVE STREET IMPROVEMENT PROJECT CONTRACT NO. 3652 ACKNOWLEDGEMENT OF ADDENDA wxg�ijljr i Bidders name The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Received 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT DOVER DRIVE STREET IMPROVEMENT PROJECT CONTRACT NO. 3652 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: PEMRSQN•CHASE GENERAL ENNEERING Name of individual Contractor, Company or Corporation: CONSTRUCTION INC. Business Address: I7R 2 KAI.SE,2 4t/EN4!6 /.PY /NE C4 726/4 Telephone and Fax Number: oo) Z52-04*1 Fax : b9 &) Z52 -0268 California State Contractor's License No. and Class: 6151?76 / Cl3,L30, t (REQUIRED AT TIME OF AWARD) Original Date Issued: 3 2g Expiration Date: List the name and titlelposition 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 t Corporation organized under the laws of the State of C ,4UFORN /,4 IT 0 0 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: NONC For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; AVA- Have you ever had a contract terminated by the owner /agency? If so, explain. YES 74R 1,Y4rzh Me CV1V11EN 1,FN4E Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for Iabqr compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / No Are any claims or actions unresolved or outstanding? Ye / No 17 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. (Print PETERSON CHASE GENERAL ENGINEERING of Co! CONSTRUCTION INC. t Bidder Title 7. c#,+s 6- of O or President gio pany) F,SIb 3 nature/fitle Ni- 6- 2s -zm©& Date Subscribed and sworn to (or affirmed) before me on this day of by , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. [SEAL] In Notary Public My Commission Expires: W 0 CALIFORNIA JURAT WITH AFFIANT STATEMENT _ai_at ova ,.ai>.iwai ai.a. W See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1 -5 to be completed only by document signer[s], not Notary) Signature of Documerrt Signer No. t State of California County of VfA✓V 1 Place Notary Seal Above Signature of Document Signer No. 2 (1 arty) Subscribed and sworn to (or affirmed) before me on this 25 day of 'June 20 D8 by Date Momh Year c1) Gr -J. chow, CZT Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (,) (and (2) r Name o7 Signer proved to me on the basis of satisfactory evidence to be the pe w appear Mme.) me.) r Signature Slg i ery Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Tdle or Type of Document Date: Signer(s) Other Than Named Above: Number of Pages: RIGHTTHUMBPRINT RIGHTTHUMBPRINT OF SIGNER tt1 OF SIGNER k2 '.vt�a- ..✓5'+/-• ✓4 "✓'s r.s.'y 'a ' r." �y. .`..' ✓.�ri✓.'rii6v�'+�6v.'ri 'v.�. "i. \: .y�`���. 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT DOVER DRIVE STREET IMPROVEMENT PROJECT CONTRACT NO. 3652 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 19 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 DOVER DRIVE STREET IMPROVEMENT PROJECT , relz 'd9].kt:?Aeti THIS AGREEMENT, entered into this _ day of , 2008, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Peterson -Chase General Engineering Construction, Inc., a California corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: DOVER DRIVE STREET IMPROVEMENT PROJECT "This project consists of the construction of new sidewalk, curb and gutter, asphalt concrete paving, pedestrian boardwalk structure, curb access ramp, and miscellaneous drainage facilities totaling 970 linear feet along existing Dover Drive between Cliff Drive and East 16`" Street in the City of Newport Beach." 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, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3652, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents'). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 20 • i 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 Three Hundred Ninety-Three Thousand, Six Hundred and 001100 Dollars ($393,600.00). 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. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY CONTRACTOR City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Stephen J. Luy (949) 644 -3330 Peterson -Chase General Engineering Construction, Inc. 1792 Kaiser Avenue Irvine, CA 92614 949 - 252 -0441 949 - 252 -0266 Fax F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 • • insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11185) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto' and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 22 • 0 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract 23 • 0 amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Rioht to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and/or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY 1. City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 r • K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: SEW CITY OF PORT E CH A Muni (' Co orat' n I CITY CLERK ayor APPROVED AS TO FORM: .- C - �--- AARON C. HARP Assistant City Attorney Title: Print Name: Title: Print Name: Officer) INC. Please note: Corporations must complete and sign both places above even if each office is held by the same person. 25 EXECUTED IN FOUR 0 i BOND #3834744 PREMIUM: INCLUDED IN PERFORMANCE BOND CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT DOVER DRIVE STREET IMPROVEMENT PROJECT CONTRACT NO. 3652 BOND NO. 3834744 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Peterson -Chase General Engineering Construction, Inc., a California corporation, hereinafter designated as the "Principal," a contract for construction of DOVER DRIVE STREET IMPROVEMENT PROJECT, Contract No. 3652 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. 3652 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, GREAT AMERICAN 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 Three Hundred Ninety-Three Thousand, Six Hundred and 001100 Dollars ($393,600.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 26 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 ex c by the above named Principal and Surety, on the 2ND day of JULY Peterson -Chase General Engineering Construction, Inc. (Principal) GREAT AMERICAN INSURANCE COMPANY Name of Surety 750 THE CITY DRIVE SOUTH #300 ORANGE, CA 92868 Address of Surety (714) 740 -2400 Telephone BY: Authorized Authorized Agent Signature RICHARD A. COON /ATTORNEY —IN —FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Oise On 1 �l 2t�iS before me, �IUn �Y�UrrYticl I�t�tAty �.�f1iiC ate Here Insed Na *e anA Title of ft.Wificer personally appeared w. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(6) is /are. subscribed to the within instrument and acknowledged to me that he /sheMeq executed the same in his%eWftir authorized capacity(iee), and that by his/herftheir 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. WITNESS my hand and official seal. Signature �\ Place Notary Seal Above Si ature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document _l Title or Type of Document: Lal%)Or 0.(%d "0 W et U Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual • Corporate Officer— Title(s): _ • Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Number of Pages: Signer's Name: ❑ Individual • Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHNHISPRINT OF SIGNER �qer «;A�'u �dea<'d.� ✓CV<'a �✓ �.v.�.v,.a o �ris�•':is� ".v �:v �a., .�d.�.vh�5va '�r veer: .v • -.. wee � r •:r �n.�er<'a<' ✓e 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ?�>..�t. :...,+*��ce�s:.�e� C: �i> �: i< Ca�S..�[,}� :„� <;:�<.e>�...'i.;� :�:;:TN,�.:�Nay.�<:.e� �C. +.• �.C! :fie ,2 Te s>L�y:�N<.(. e,sat..e„» ,:. <;cie0ea State of California County of ORANGE On 07 -02 -08 before me, JAN C. MORAN, NOTARY PUBLIC Date Nee Inwri Name aw Tae of the ottimr personally appeared RICHARD A. COON Name($) of signer(31 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he(sheAhey executed the same in histherAheir authorized capacity(ies), and that by histherAheir signature(s) on the instrument the person(s), or the entity upon behalf of JAN C. MORAN which the person(s) acted, executed the instrument CCMM, # 1789349 NOTARY PUBLIC • CALIpCRNL4 S%i I certify under PENALTY OF PERJURY under the laws GE COMM. Exp�jRES EB.r17. 2012 n of the State of California that the foregoing is 9 ng true and correct. WITNESS my hand and official seal. Ptmarysaavne,e Signature (19Wc' � OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent 6audulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual • Corporate Officer — Title(s): _ • Partner —❑ Limited ❑ General • Attorney in Fad ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signers Nat ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General • ❑Attorne in Fad Top of thumb here ❑ Trustee' re Top of thumb he ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 0 0 0 0 GREAT AMERICAN INSURANCE COMPANY@ Administrative Office: 580 WALNUT STREET' CINCINNATI, OHIO 45202' 513 - 369 -5000 • FAX 513- 723 -2740 The number of persons authorized by this power of attorney is not more than FOUR No.0 14406 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominee, constitute and appoint the person or persons named below its true sod lawful attomeyimfsct, for it and in its name, place and stead to execute in behalf of the said Company, as suety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the name thereof, provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the linit stated below. Name Address Limit of Power DAVID L. CULBERTSON ALL OF ALL CHARLES L. FLAKE ANAHEIM, $75,000,000.00 RICHARD A. COON CALIFORNIA LEXIE SHERWOOD This Power of Attorney revokes all previous powers issued m behalf of the attomey(s )-in -fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto afiixedthis 2& day of, MARCH , 2007. Attest STATE OF OHIO, COUNTY OF HAMILTON - as: GREAT AMERICAN INSURANCE COMPANY DA'ADC.KITCHIN (513- 3633811) On this 20 day of MARCH , 2007, before me personalty appeared DAVID C. KITCHIN, to me known, being duly swum, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by autrority of bis office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of (reat American Insurmce Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized from time to time, to appoint one or more Aaoneys -m -Fact to execute on behalfof the Cotnpmry, as surety, any and all bonds, undertakings and contracts ofsureryshtp, or other written obligations to the nature thereof, to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any tine. RESOLVED FURTHER: That the Company seal and the signature of a ny of the aforesaid officers and any Secretary orAsslstant Secretary of die Company may be affixed by facsimile to any power of attorney or certIJicate of either given for the execution of a ny bond undertaking. contract or sure tyship, or other written obligation in the nature thereof, such signature and seal when" used being hereby adopted by the Company as the original signature ofsuch offncer and the original seal of the Company, to be vend and binding upon the Company with the same force andeffect as though manually aff=d CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Greta American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions ofe Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect Signed and sealed this 2ND S 10297111101) day of, JULY 1200$ 0 EXECUTED IN FOUR COUNTERPARTS BOND $3834744 CITY OF NEWPORT BEACH PREMIUM: $2,834 PUBLIC WORKS DEPARTMENT DOVER DRIVE STREET IMPROVEMENT PROJECT CONTRACT NO. 3652 BOND NO. 3834744 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 2,834. 00 , being at the rate of $ 7.20 verthousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Peterson -Chase General Engineering Construction, Inc., a California corporation, hereinafter designated as the "Principal ", a contract for construction of DOVER DRIVE STREET IMPROVEMENT PROJECT, Contract No. 3652 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. 3652 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and GREAT AMERICAN 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 Three Hundred Ninety-Three Thousand, Six Hundred and 001100 Dollars ($393,600.00) 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. 28 0 i 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 uted by the Principal and Surety above named, on the 2ND day of JULY 2Qr08 /� /% Peterson -Chase General Engineering Construction, Inc. (Principal) GREAT AMERICAN INSURANCE COMPANY Name of Surety 750 THE CITY DRIVE SOUTH 11300 ORANGE, CA 92868 Address of Surety (714) 740 -2400 Telephone Agent Signature RICHARD A. COON /ATTORNEY —IN —PACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of UUAf e On 1 ZW$ before me, Y,. Here Insed Name wd TifflilW the MCer personally appeared f e 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/herAheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signaturegnalum of Notary Pubic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document �+1( � Title or Type of Document: rlS��i-I 'J' �Q(-6(nr Al(lfQ- -&)fl I Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER 0 Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator O Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER 0 : r. d. ei 2�'- ' __<avl= <i:.'.�:�a:_'+e�._<Ar.� <i��iy1 :� A�ti:<..%�lS:. 3�os �i: ski:. u= `•iS:r <:YO:ea<:ati�<.5cuttu<� 'v�.c .r,� a 0 41 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT s »C�S,.�Ga;,� �> ���i��nvcy<,. r.` SS> Y, TL: �S,. 2v' r"• �a�if3i; �. vays. ai,: as, n. syi,: >e�$.,:n<„+��La�.:.aS,ayc><a,�. aS,.�L:.>.,.�5..� airaSS�L.�•�. ��S State of California County of ORANGE On 07 -02 -08 before me, JAN C. MORAN NOTARY PUBLIC Date Here Inwrt Name and Tile d tre Olgoer personally appeared RICHARD A. COON Name(s) of &gwr(s) JAN C, MORON cOMM. #7789349 • NOTARY PUBLIC•CALIFORNIgc) ORANGE COUNTY n CDMM. EXPIRES FEB. 17, 2012 i Place Notary Seel Aba who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/sheRhey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and a'n}d�offficial seal. Signature �",/ C- r' a"�^' Sigraum w Notary Public OPTIONAL Though the inhumation below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ El Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHU!,BPRINT OF SIGNER Number of Pages: Signer's Name: • Individual • Corporate Officer — Title(s): _ • Partner —❑ Limited ❑ General • Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: RIGH IGN8PRiNT OF F SIGNER • i • 0 • GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 680 WALNUT STREET' CINCINNATI, OHIO 45202' 513 - 369 -6000 • FAX 613 - 723 -2740 The number of persons authorized by this power of attorney is not more than FOUR No.0 14406 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominae, constitute and appoint the person or persons named below its true and lawful attomeyin -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contacts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executedunder this authority shall not exceed the lint stated below. Name Address Limit of Power DAVID L. CULBERTSON ALL OF ALL CHARLES L. FLAKE ANAHEIM, $75,000,000.00 RICHARD A. COON CALIFORNIA LEXIE SHERWOOD This Power of Attorney revokes all previous powers issued in behalf of the attomey(s }in -fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 20 day of, MARCH , 2007. Attest STATE OF OHIO, COUNTY OF HAMILTON - ss: GREAT AMERICAN INSURANCE COMPANY DAVIDC.19TCHIN (5133693311) On this 2e day of MARCH , 2007, before me personally appeared DAVID C. KITCHIN, to me known, being duty sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed lathe said instrument is such corporate seal; drat it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is gramodby authority of the following resolutions adopted by the Board of Directors of Groat American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED; That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one ofthem, be and hereby is authorizedfr'om time to time, to Vpomf one or more Attorneys- in-Fact to execute on behalfof the Company, as surety, any and all bands, w&rtakings and contracts ofsuretyship, or other written obligations m the nature thereof,, to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time RESOLVED FURTHER That the Company seal and the signature of any of the 4bresaid qffimrs and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to arty power of attorney or certificate of either givenfor the execution of any bond muWrahng, contract or suretyship, or other written obligation in the nanee thereof, such signature and seal when so used being hereby adopted by the Company as the original signature ofsuch office and the original seal of the Company, to be valid and binding upon the Company with the same force and ¢Eject as &a ugh manually aflved CERTIFICATION 1, RONALD C. HAYES, Assistant Secretary of Great American insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 2ND day of, 8 1029T (11/01) JULY .2008 CI1* OF NEWPORT BIRCH 5qs- O�?EW 6 D 9� /EDEN R EI`aED JUL 1 'i ::M PETERSON CRASS CONSTRUCTION ACCOUNT NUMBER: ET30024360 1792 KAISER AVE IRVINE, CA EXPIRATION DATE: 07/31/2009 92614 INSTRUCTIONS AND CONDITIONS Welcome to the City of Newport Beach, and thank you for your business tax payment. This business tax certificate is evidence that the named business has paid a tax to conduct the business activity designated, within the City of Newport Beach, until the expiration date shown. Please notify the Revenue Division immediately if any of the information on the certificate changes. This certificate is valid only at the address indicated and must be displayed in a conspicuous location. If your business is not conducted at a permanent location Municipal Code requires that any representative, while transacting business within the city, carry this certificate. This business tax certificate does not authorize the named business to conduct any activities regulated by the City of Newport Beach or other agencies. Authorization for such activities must be obtained from the appropriate departments prior to application for business tax. Certificates are not transferable to any other party or person and are not pro- rated. Refunds are not provided once the certificate has been issued. Your business tax certificate is valid until the expiration date, and must be renewed annually prior to that date. Changes in type of ownership (i.e. from a sole proprietorship to a partnership or LLC), nature of business, or ownership void the current certificate and require filing of and payment for a new application. Additional certificates are required if additional types of business activity are initiated at the same address, or additional locations of the same business are established (Municipal Code sections 5.04 through 5.08). For your convenience, the Revenue Division will mail a courtesy renewal notice, prior to the expiration date, to the billing address of record. Non - receipt of the notice does not alleviate the requirement to renew. Penalties are imposed for late renewal at a rate of 25% per month to a maximum of 100% of the base tax.. The Revenue Division is available to answer any questions regarding business tax certification and requirements. Call (949) 644 -3141; e-mail us at: RevenueHelp@city.newport- beach.ca.us, or visit us on the intemet at www.city.newoort- beach.ca.us and view the Municipal Code on -line. DISPLAY CONSPICUOUSLY AT PLACE OF BUSINESS FOR WHICH ISSUED CITY OF NEWPORT BEACH BUSINESS TAX CERTIFICATE THIS TAX PAYMENT EXPIRES: 07/31/2009 ACCOUNT NUMBER: ET30024360 SERVICE ADDRESS: OWNER/PRINCIPAL NAME: PETERSON CHASE CONSTRUCTION VOGELS, DICK W. 1792 KAISER AVE OWNERSHIP TYPE: IRVINE CA 92614 BUSINESS CATEGORY: TAX INCLUDES PAYMENT FOR: HIGHWAY & STREET CONSTRUCTION 0.00 EMPLOYEES SELLERS PERMIT: NO SELLERS PERMIT DATE OF ISSUE: 07/01/2008 PRINT DATE: 07/10/2008 Alk CERTIFiCAT OF LIABILITY INSURAN 07/02 (714)221-1300 FAX ( 714) 221 -4196 Brown 0 Brawn of California, Inc. CA License t 0602587 PO Box 6939 Orange, CA 92863 THIS CERTIFICATE 63 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO ROM UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT ANEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICES BELML INSURERS AFFORDING COVERAGE NAIC 0 wwlmo Paterson General Engineering Construction. Inc. 1792 Kaiser Avenue Irvine, CA 92614 -S706 wSUIERA Lexington ins Co Umuma Travelers Property Casualty Co 25674 wwIRERa Axis Surp us Insurance Co 26620 (M. in Coo t Nest 027847 NEURON E: EACH OCCURRENCE THE POLICIES ANY REQUIREMENT. MAY P9tTA1N. POUCIE8. OF INSURANCE LISTED BELOW TERM OR CONDITION THE INSURANCE AFFORDED AGGREGATE LaW8 S40WN MAY HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO MOCH THIS CERTIFICATE MAY BE ISSUED OR BY THE POLICIES DESCRIBED HERON IS SUBJECT TO ALL THE TOM. EXCLUSIONS AND CONDITIONS OF SUCH HAVE BEEN REDUCED BY PAID CLAIM& SIDTRATION DATETHEREOF.TMS GIRINS wwwERMIL ENDEAVOR TONAL im MSOEROURMdE POIACYMINSER POUEY Um" A (MINIMAL Lwlaml X CSLOEROKOEIERAI LNBLIIY TAAOwwmE MR OCCUR 3448750 04/04/2008 04/04/2 EACH OCCURRENCE s 2,000,= DAMASTo RENTED s SO LEDOWWV nopwm* s Not covem PmmmLaAoVmm Y $ 2.000.000. CENEALAGQNEGATE S 4,000,001 OENL AG IBSATE LMRAPPLES PER: PDUeY � Loc PRODUCTS. COAPKr AM i 4,000,001 6 AUTOMMELPALM X ANYAUIO ALLOITEDAUTOO SCHODUL OAUTOS X WMAUM X NDNOwNENAw DT81093221116OATILDS 06/15/2008 06/15/2009 CCNmF.DWjCLEUNff IEsommeq 1,000,00m WP� _ BODLYWAIRY Pw8mmmU ' PROPERTYDAMkW (Pus=** y OARADILL43UY ANYAUfO AUTOONLY•EAAccmm S OTERTINN EAACO AUTO ONLY! AGO $ s C uAIIUTY OCCUR E-1 TUAAewml a MUCTOW RETBNTIDH S ELU731911OU008 04/04/2008 04/04/2009 EAmoccuRRENDE $ 1510001000 AOOREMTE s $ 15 000 s i D wCIUMMODIReMATICHAW NO%Of wuns m CUTNE YYyyFITT, � EPEWL N6tmW WH0216ZZZGOI 0 1/ZDDS 01/01/2009 X E.L. EACHACCRENr $ 11000, E.1- EAEIPL i 1.000. EL DEEASE- POLICY IMF S 1 10 00 0 E Orld I an uip mmit MOfIM306791 06/15 /2008 06/15/2009 $400,000 PG y L c t $250,000 Any One Item Tn ouTl v aES Pi a s"'�°R oC Mract`Ns36si" oo ver'D�iaq�rov�em' e�nt"`Frolecs Additional Notes CF11TIFICATE NO ER ANQIELLATM ACORD 26 (Y001108) VACORD CORPORATION 1966 SHOULDARY OF TNSASOM OESCASEDP000 IS WCANCRAM BORM THE SIDTRATION DATETHEREOF.TMS GIRINS wwwERMIL ENDEAVOR TONAL City of Newport Beach Public Works Departmlt 3300 NaWrt Blvd. O DAYSTIwRIENWMTCTMCEIRHCATEHOLOELHANWTOTMUWF, BUTFA4.UMTDWM SUCH HOTICS ATIRL [UPON WOBImATroN OR NTaUTY CFAMOMDUGNDMVMNEL wBAGUMORRalwaaw INN AUTHOPSUM EROB/TATIYE Newport Beach, CA 92658 -8915 Romr Emmns LEN ACORD 26 (Y001108) VACORD CORPORATION 1966 IMPORTANT If the cediicate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement an this ewdlicale does not corder ruts to the certificate holder In leu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the poYOy, oertain policies may require an ems. A statement on this certificate does not comer Wds to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not cona tuts a contract between the Issuing insurer(s), auftrized representative or producer, and the oerd(icate holder, nor does it affirmatively or negatively amend, extend or alter the coverage aft d by the policies Ruled thereon. ACCIU) 25 (2MOM Ll 0 City of Newport Beach Certificate issued to City of Newport Beach 07/02/2008 City of Newport Beach, its officers, agents, officials, employees and volunteers are included as additional insured as respects general liability and auto liability per the attached endorsements regarding the operations of the named insured: Dover Drive Sidewalk Improvement Project. Primary/Non - Contributory wording included as respects general liability. Waiver of subrogation endorsement as respects workers compensation attached. ENDORSEMENT # 016 This endorsement, effaatira 12:01 AM 414/08 Forms a part of PORGY no.: 3448750 Issued to PETERSON CHASE GENERAL ENGINEERING CONSTRUCTION, INC. Dq. LEXINGTON INSURANCE COMPANY ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS IFORM B) 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 Parson or Organization: BLANKET WHERE REQUIRED BY WRITTEN CONTRACT FOR COMMERCIAL PROJECTS ONLY WHO 18 AN INSURED (Section 10 is amended to include as an insured the person or organization shown in the Schedule, but only with respect to lilaWRty arising out of 'your work' for that Insured by or for you. AR other terms and conditions remain unchanged. Audwrised ROPMOGIO O OR counwrsignawn (In states whew epPkabbi 11105 0 ENDORSEMENT# 016 This andorsement, effective 12:01 AM 4/4/08 • ft l a pat of popsy no.: 3448750 levied to: PETERSON CHASE GENERAL ENGINEERING CONSTRUCTION, INC. Dr. LEXINGTON INSURANCE COMPANY PRIMARYWON- CONTRIBUTORY WORDING This endorsement modifies insurance provided by the policy: Notwithstanding any other provision of the policy to the contrary, the Insurance afforded by this policy for the benefit of the Additional Insured shell be primary insurance, but only with respect to any claim, loss or liability arising out of the Named Insured's operations, and any insurance maintained by the Additional Insured shall be non - contributing. All other terms and conditions of the policy remain the same. Authorized Representative OR countersignature On states when applicable) Lx9m (08061 0 POLICY NUMBER: DT-81 0-93228GOA- 0 COMMERCIALAUTO ISSUE DATE: os -28 -o? THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Forth apply unless modi- fied by this endorsemerd. This endorsement identities Person(s) or organ[=Uon(s) who are 'Insureds" under the Who is An Insured Provi- sion of the Coverage Forth. This endorsement does not after coverage provided In the Coverage Form. SCHEDULE Nanw of Persons) or OrBanisadon(s): ANY PERSIST OR ORGANIZATION WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT, EXECUTED PRIOR TO LOSS AND IN EFFECT DURING THIS POLICY PERIOD, TO NAME AS ADDITIONAL INSURED. (If no entry appears above. Information required to complete this endorsement wig be shown In the Declarations as applicable to the endorsement.) Each person or mpnization shown In the Schedule is an "Insured" for Liability Coverage, but only to the wdent that person or organkagon qualities as an "Insured" under the V11ho Is An Insured Provision contained In Section It of the Coverage Form. CA 20 48 02 88 Copyright, Insurance Services Oftke, Inc., 11w Page 1 of 1 0 0 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 37 (Ed. 5.02) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA 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.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged In the work described In the schedule. The additional premium for this endorsement shall be 5% of the California Workers' Compensation premium otherwise due on such remuneration, subject to a minimum premium of $50.00. Person or Organization CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 NEWPORT BLVD. NEWPORT BEACH, CA 92658 -8915 Policy Number. WHO 2162226.01 Endorsement Effective: 1/112008 Issue Date: 712/06 WC 99 06 37 (Ed. 5-02) Schedule Job Description JOB# 545 CONTRACT # 3652 DOVER DRIVE SIDEWALK IMPROVEMENT PROJECT Insured: PETERSON CHASE GENERAL Coverage Provided by: INSURANCE COMPANY OF THE WEST Countersigned by: GREG TROOLINES Fax #: 0 0 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach Date Received: 7/28/08 Dept. /Contact Received From: Shauna Oyler Date Completed: 7/28/08 Sent to: Shauna Oyler By: Jessica Scherer ❑ No Company /Person required to have certificate: Peterson Chase I. GENERAL LIABILITY E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its A. INSURANCE COMPANY: Lexington Insurance Company ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste B. AM BEST RATING (A: VII or greater): A +XV Is it included? N/A ❑ Yes C. ADMITTED Company (Must be California Admitted): notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? $2M Each Occ /$4M Agg E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. It. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Travelers Property Casualty Company B. AM BEST RATING (A: VII or greater) A +XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM): What is limits provided? $1,000,000 E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 0 0 111. WORKERS' COMPENSATION A. INSURANCE COMPANY: Insurance Company of the West B. AM BEST RATING (A: VII or greater): A -IX C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes ❑ No IF NO, WHICH ITEMS NEED TO BE COMPLETED? WC: Waiver of subrogation only lists The City of Newport Beach and does not include its officers, officials, employees and volunteers. Carrier is rated lower than required. o�� 0 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL DOVER DRIVE STREET IMPROVEMENT PROJECT CONTRACT NO. 3652 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. 3652 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 3. Lump Sum Mobilization aC�_ your Kc� Dollars and 00 Cents Pei Lump Sum Lump Sum Traffic Control (C� '/?4/ 16162*Dollars and no Cents Per Lump Sum 300 L.F. Remove & Dispose of Existing C &G @ F! ✓� Dollars and h� Cents Per Linear Foot $ 5.— $ yOQZ - $ 4'S aGy- $ 15700.— • • PR2of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 55 L.F. Construct 8 -Inch Type A C &G @ Ii SQW.., Dollars and Y10 Cents $ 37•— $ 2-036.— Per Linear Foot 5. 190 L.F. Construct Variable Height (8 -inch to 10 -inch) Type A C &G Dollars and V10 Cents $ 38- $ 7224, Per Linear Foot 6. 325 L.F. Construct 10 -Inch Type A C &G Dollars and Cents $ trQ• $ 136W. Per Linear Foot 7. 3 EA Remove & Dispose of Portion of Existing Catch Basin & Construct rModified C,oALLTRANS Catch Basin Type GD -1 @ � of �f(Or.1S4Nd �'0 Dolylar��� and -AD Cents $ 14400. Per Each 8. 33 S.F. Remove & Dispose of Existing P.C.C. Sidewalk @ Dollars and ✓ 0 Cents $ 33o. — Per Square Foot 9. 2550 S.F. Construct 4 -Inch Thick P.C.C. Sidewalk @ Dollars and D�2d•eAl Cents $ 8.70 $ 22 /ds•r Per Square oot 0 0 PR3of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 3350 S.F. Remove & Dispose of Existing Roadway Section @ Dollars and Cents $ 3. o $ 12 730. — Per Sq are oot 11. 70 TN Construct 10 -Inch Thick Crushed Misc. Base @ N Q. Dollars and no Cents $ 9S. r $ 66 50, — Per Ton 12. 30 TN Construct 4 -Inch Thick Asphalt Concrete Pavement @7WO hundad_f4 kfyDollars and IKO Cents $ Z819• $ e4w. Per Ton 13, 525 L.F. Construct P.C.C. Foundation for Pedestrian Boardwalk Structure @se y lly —Dollars and Vte Cents $ $ 34. 750. Per Linear Foot 14. 62 EA Construct 14 -Inch Diameter P.C.C. Caissons for Pedestrian Boardwalk Structure @ V2 ha ed t Dollars and Cents $ 540. $ 33�,So. Per Each 15. 485 L.F. Construct 5.5 -ft Pedestrian Boardwalk Superstructure @ Ono, 4un f *Dollars and h0 Cents $ 160. $ 77 6GY�•� Per Linear Foot • • �e ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. Lump Sum Relocate Traffic Signal Conduit & Pull Box to Equal Depth Relative to New Finished Grade @ Dollars and VW Cents $ /Spy. Per Lump Sum 17. 8 L.F. Construct Modified Pedestrian Boardwalk Foundation & Superstructure at Existing Storm Drain Manhole Structure @ t W6 djfe , Dollars and IAg Cents $ 200. $ /900.— Per Linear Foot 18. 4 EA Construct Modified Pedestrian Boardwalk Utility Access at Existing Traffic Signal Pull Box @16tc 6wfe�. Dollars and ho Cents $ 3CY7. $ /ZDD. Per Each 19. 12 L.F. Construct Modified Pedestrian Boardwalk Foundation & Superstructure at Existing Concrete Pad @ 1 WO 6#104 Dollars and In0 Cents $ 2100• $ ZQOD• r Per Linear Foot 20. 550 L.F. Construct Modified Guard Cable Fence per OCEMA 1413 @ Fct YV' 1(,e. Dollars and 45. 29750- 100 Cents $ $ afrW✓ Per Linear Foot _�bW J 21. 275 S.F. Remove & Dispose of Existing & Construct New P.C.C. Access Ramp @ SIX Dollars and nO Cents $ $ Per Square Foot 0 7 PR5of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 22. 3 EA Construct Curb Drain kurtd(ed @ �i Y4auWd lode Dollars and 7-era Cents $ /Spp. $ 45fi�. Per Each 23. 1 EA Adjust Existing Cable Pull Box @_F, ✓e "*?A'04. Dollars and k7o Cents $ SOO • $ $Op , Per Each 24. 350 L.F. Construct P.C.C. Swale @ fyw*�ib Dollars and r7o Cents $ 7O0, Per Linear Foot 25. 12 EA Furnish and Install CALTRANS Type H Markers @ 5iz/ Dollars and Flo Cents $ 60•' $ 700 •� Per Each 26. Lump Sum Construct & Maintain Temporary 3 -ft Silt Fence �1 v�� @ A1e fffNSa§7d .0of Dollars and Kro Cents $ /app• Per Lump Sum 27. Lump Sum Wetland Vegetation Planting, Maintenance, & Establishment @� i4ouiopm &i Dollars and (/✓� Cents $ Per Lump Sum Ll i PR6of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 28. Lump Sum Maintain As -Built Drawings @ '?Zy Cand Dollars and Zero Cents $ —a 0001 Per Lump Sum TOTAL PRICE IN WRITTEN WORDS and l?0 Cents 6- zs -,JD2? Date (949) 242-001 &4q)2!62-02_G(._ Bidder's Telephone and Fax Numbers 615876 &Q3.432, F� Bidder's License No(s). and Classification(s) $ 393,_600.- Total Price (Figures) PETERSONCNASE GENERAL ENGINEERING CONSTRUCTION INC. Bidder jAw/// V• 19 Bids� rs Authorized Si ature and Title ,t°f9 2 Kaise( Aaen e 1,f VIVIe I Bidder's Address Last saved by srook505 M2008 9:25 AM f: Vusers{ pbMsharedlcontracts "wters\CASTAWAYS PARK REVEGETATION.doc California Business Search • Page 1 of 1 Scrrch r% of SIAC DEP-RA tONVEN DISCLAIMER: the information dispiayed here is current as of JUN 20, 2008 and is updated weekly. It is not a complete or certified record of the Corporation. Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender ", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. http: / /kepler. ss. ca. gov /co rpdata /ShowAi lList ?QueryCorpNumber =C l 678894&pri... 06/27/2008 Corporation PETERSON -CHASE GENERAL ENGINEERING CONSTRUCTION, INC. Number: C1678894 =FDate Filed: 1/8/1991 Status: active Jurisdiction: California Address 1792 KAISER AVE IRVINE, CA 92614 Agent for Service of Process DICK W VOGELS 1792 KAISER AVE 11IRVINE, CA 92614 Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender ", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. http: / /kepler. ss. ca. gov /co rpdata /ShowAi lList ?QueryCorpNumber =C l 678894&pri... 06/27/2008 Check A License: ContractLi..vnse Detail • Page It ct 2 Skip to: CSLB Home I Content I Footer I Accessibility and Department of Consumer Affairs mom - oG'OV Contractors State Li% se`tcaar+d LI I1.III11�{Iid111 1111111�111111.1,I�liII 1 llllElll !IIII�II IIIIIImImass" ili�..11l kl.l. i11G1 €alll�tl 111 CSLB Newsroom Board and Committee DISCLAIMER: A license status check provides information taken from the Meetings CSLB license database. Before relying on this information, you should be awa Disaster Information the following limitations. Center This license filed Contractors Bond number 372593 in the amount $12,500 with the bonding company GREAT AMERICAN INSURANCE COMPANY. Effective Date: 01/01/2007 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) GREGORY JAME http:l w m2.cslb.ca.gov /General- Information /interactive -tools /check -a- license /Li... 06/2712008 • CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject to pt CSLB Library complaint disclosure, a link for complaint disclosure will appear below. Click on the link o Frequently Asked to obtain complaint and/or legal action information. Questions • Per B &P 7071.17, only construction related civil judgments reported to the CSLB are dis Online Services • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitr • Check A License or HIS • Due to workload, there may be relevant information that has not yet been entered onto it Registration Board's license database. • Filing a Construction Complaint • Processing Times License Number: 615876 Extract Date: 06/27/21 • Check Application Status Business PETERSON -CHASE GENERAL ENGINEERING CONSTRUCTION • Search for a Surety Bond Information: 1792 KAISER AVENUE Insurance Company IRVINE, CA 92614 • Search for a Workers' Business Phone Number: (949) 252 -0441 Compensation Company Entity: Corporation How to Participate Issue Date: 03/2311991 Expire Date: 03/31/2009 License Status: This license is current and active. All information below should b reviewed. Classifications: CLASS DESCRIPTION A GENERAL ENGINEERING CONTRACTOR C13 FENCING C32 PARKING AND HIGHWAY IMPROVEMENT B GENERAL BUILDING CONTRACTOR Bonding: CONTRACTOR'S BOND This license filed Contractors Bond number 372593 in the amount $12,500 with the bonding company GREAT AMERICAN INSURANCE COMPANY. Effective Date: 01/01/2007 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) GREGORY JAME http:l w m2.cslb.ca.gov /General- Information /interactive -tools /check -a- license /Li... 06/2712008 Check A License: Contract License Detail 0 Page 2 of 2 CHASE certified that he/she owns 10 percent or more of the i stock/equity of the corporation. A bond of qualifying individual not required. Effective Date: 12/11/1996 Sol's Bonding History 2. This license filed Bond of Qualifying Individual number 48776 for TERENCE ROWE MULLIGAN in the amount of $12,500 v the bonding company GREAT AMERICAN INSURANCE COMPANY. Effective Date: 0210112008 Workers' This license has workers compensation insurance with the Compensation: INSURANCE COMPANY OF THE WEST Policy Number: WH0216222601 Effective Date: 01/01/2008 Expire Date: 01 /01/2009 Workgrs'.Compsnsation History Personnel listed on this license (current or disassociated) are listed on other licenses. Consumers I Contractors I Applicants I Journeymen I Public Works I Building Officials I General Info CSLB Home I Conditions of Use I Privacy I Contact CSLB Copyright O 2007 State of California hftp: / /www2.cslb.ca.gov /General - Information /interactive - tools, check -a- license /L i... 06/27/2008 M F. 2 2 2 3 3 3 3 3 3 3 3 3 4 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS DOVER DRIVE STREET IMPROVEMENT PROJECT CONTRACT NO. 3652 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -1 LOCATION 5 -2 PROTECTION 5 -7 ADJUSTMENTS TO GRADE 5 -8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6-7 TIME OF COMPLETION M F. 2 2 2 3 3 3 3 3 3 3 3 3 4 4 4 0 0 6 -7.1 General 4 6 -7.2 Working Days 4 6 -7.4 Working Hours 4 6 -9 LIQUIDATED DAMAGES 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 6 7 -8.6.1 Best Management Practices and Monitoring Program 6 7 -8.8 Steel Plates 6 7 -10 PUBLIC CONVENIENCE AND SAFETY 6 7 -10.1 Traffic and Access 6 7 -10.2 Storage of Equipment and Materials in Public Streets 7 7 -10.3 Street Closures, Detours, Barricades 7 7 -10.4 Public Safety 8 7- 10.4.1 Safety Orders 8 7 -10.5 "No Parking" Signs 8 7 -10.7 Notice to Residents and Temp Parking Permits 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 14 PART 2--- CONSTRUCTION MATERIALS SECTION 201 PORTLAND CEMENT CONCRETE 14 201 -1.1.2 Concrete Specified by Class 14 201 -2.2.1 Reinforcing Steel 14 SECTION 204 LUMBER AND TREATMENT WITH PRESERVATIVES 14 204 -1 LUMBER AND PLYWOOD 14 204 -1.1 General 14 204 -2 TREATEMENT WITH PRESERVATIVES 14 204 -2.1 General 14 SECTION 205 PILES 15 205 -3 CONCRETE PILES 15 205 -3.1 General 15 • i SECTION 212 LANDSCAPE AND IRRIGATION MATERIALS 15 212 -1 LANDSCAPE MATERIALS 15 212 -1.1.4 Class "C' Topsoil. 15 212 -1.2.4 Organic Soil Amendment 15 212 -1.4.2 Trees 15 212 -1.4.3 Shrubs 15 SECTION 214 PAVEMENT MARKERS 15 214.5 Reflective Pavement Markers 15 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 16 300 -1 CLEARING AND GRUBBING 16 300 -1.1 General 16 300 -1.3 Removal and Disposal of Materials 16 300 -1.3.1 General 16 300 -1.3.2 Requirements 16 300 -1.5 Solid Waste Diversion 16 300 -3 STRUCTURAL EXCAVATION AND BACKFILL 17 300 -3.1 General 17 SECTION 302 ROADWAY SURFACING 17 302 -5 ASPHALT CONCRETE PAVEMENT 17 302 -5.1 General 17 302 -5.4 Tack Coat 17 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 17 303 -1 CONCRETE STRUCTURES 17 303 -1.7 PLACING REINFORCEMENT 17 303 -1.7.1 General 17 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 18 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 18 303 -5.1.1 General 18 SECTION 304 METAL FABRICATION AND CONSTRUCTION 18 304 -2 METAL RAILINGS 18 304 -2.1 Metal Hand Railings 18 304 -2.1.1 General 18 SECTION 305 PILE CONSTRUCTION & TIMBER CONSTRUCTION 18 305 -1 PILE CONSTRUCTION 18 305 -1.3 Drilled Holes 18 305 -1.3.2 Drilled Holes for Cast -In -Place Piles 18 305 -1.3.5 Casings 18 305 -1.3.7 Concrete 18 305 -2 TIMBER STRUCTURES AND TIMBER CONSTRUCTION 19 305 -2.2 Materials 19 305.2.3 Workmanship 19 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATION 19 308 -1 GENERAL 19 PART 4 - -- CONSTRUCTION METHODS SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT 21 CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 21 400 -2.1 General 21 400 -2.1.1 Requirements 21 APPENDICES APPENDIX "A" PLANTING PLAN SPECIFICATIONS A -1 • SP 1 OF 21 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS DOVER DRIVE STREET IMPROVEMENT PROJEC' CONTRACT NO. 3652 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R- 5858 -S); (3) the California Coastal Commission (CCC) Permit No. 5 -06 -344, (4) Geotechnical Report(s) entitled " Geotechnical Investigation Report, Proposed Dover Drive Improvements between Cliff Drive and 16"' Street, City of Newport Beach, California" by Geo Environmental, Inc. dated September 7, 2004, March 28, 2005, and March 31, 2005, (5) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (6) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the CCC permit and geotechnical report(s) are available for review 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 the construction of new sidewalk, curb and gutter, asphalt concrete paving, pedestrian boardwalk structure, curb access ramp, miscellaneous drainage facilities, pruning of existing vegetation adjacent to the boardwalk structure, excavation, protection, and or relocation of traffic signal conduit, etc., and mitigation planting including native seed mix and trees totaling 970 linear feet of improvements along existing Dover Drive between Cliff Drive and East 16"' Street in the City of NAwnnrt_ each'' 0 2 -9 SURVEYING SP2OF21 2 -9.3 Survey Service. Add to this section: "The City will provide one set of construction staking as required to construct the improvements. Additional stakes or re- staking, and costs thereof, shall be the responsibility of the Contractor. The Contractor shall notify the City in writing two working days in advance of the time that the stakes are needed. All existing street and property corner monuments are to be preserved. The Contractor will be back - charged for the cost of restoring any survey ties and/or monuments damaged by the Contractor, including the cost of filing the required comer records or record of surveys with the County of Orange." 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. SECTION 3--- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor." r SP3OF21 SECTION 4- -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5--- UTILITIES 5 -1 LOCATION. Add the following after the 3`d paragraph: "Upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City. In addition, traffic signal conduit and boxes shall be protected." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust or replace to finish grade City -owned electrical conduit boxes, traffic signal conduit boxes, 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 other utility facilities to have existing utilities adjusted to finished grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing sewer /storm drain manhole (including grade rings), meter or valve box covers. The Contractor shall salvage all removed cast iron pipes. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operations Manager, at (949) 718 -3402. • SP4OF21 SECTION 6--- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the `Notice to Proceed." No work shall begin until a "Notice to Proceed" has been issued, a pre - construction meeting has been conducted, and a storage /mobilization site, schedule of work, and traffic control plan has been approved by the Engineer. The Contractor shall submit a storage /mobilization site, construction schedule, and traffic control plan to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 75 consecutive working days after the date on the Notice to Proceed. All work must be completed no later than November 28, 2009 as required by the CCC Coastal Development Permit No. 5 -06 -344. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1St the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve — half day), December 25th (Christmas), and December 31" (New Year's Eve — half day). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:30 a.m. to 4:30 p.m., Monday through Friday. • SP5OF21 The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 7:00 a.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor could be assessed supplemental inspection costs of $123.90 per hour when such time periods are approved if the work has not progressed satisfactorily as deemed by the Engineer. The Engineer could waive the after -hour inspection charges if it is determined by the Engineer that the Contractor has performed work above expectations. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7.1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $2000.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $2000.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." Water used during construction shall be paid for by the Contractor. This includes water for compaction and irrigation during maintenance period for landscaping, etc." 0 0 SP6OF21 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at http://www.city.newport-beach.ca.us/pubworks/links.htm." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw- cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP Plan must 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 Plan 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 -8.8 Steel Plates. Add this section: "Steel plates utilized for utility trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to • 0 SP7OF21 provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. The contractor will not be allowed to store construction materials or equipment in Dover Drive or within the adjoining Castaway's Park. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall submit a staging plan and make all necessary corrections as required to obtain approval from the Engineer and the CCC. The contractor shall obtain said approvals prior to arranging for or delivering equipment and materials to the site. Prior to move - in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre- construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "Northbound Dover Drive may be reduced to one traffic lane between the hours of 8:30 a.m. and 3:30 p.m. each working day and returned to two full northbound traffic lanes at the end of each working day. The Contractor shall submit to the Engineer - at least five working days prior to the pre- construction meeting - a traffic control plan and detour plan(s) for the project improvements and storage site for each phase of the work. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detour plans shall meet the following requirements: 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. All barricades shall be Type II per the California Manual on Uniform Traffic Control Devices. I r1L SP8OF21 5. Changeable Message boards shall located and programmed per direction of City Inspector." 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other SP9OF21 alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a Class A — General Engineering Contractor License. At the start of work and until completion of work, the Contractor and all Sub- contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDSIAS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. The "As- Built" plans shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, obtaining an area for storage of materials and equipment, submitting a plan for review and approval by the Engineer and the CCC showing the storage area prior to mobilization, mobilization and storage of equipment and materials, preparing the SWPPP or BMP Plan and construction schedule, and all other related work as required by the Resource Agency Permits and Contract Documents. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required 0 • SP 10 OF 21 by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 3 Remove & Dispose of Existing Type A P.C.C. Curb and Gutter: Work under this item shall include removing and disposing of the existing curb and gutter, protecting underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 4 Construct 8 -inch Type A Curb and Gutter: Work under this item shall include compacting subgrade, constructing 8 -inch Type A P.C.C. curb and gutter, providing variable thickness crushed miscellaneous base under new curb and gutter, re- chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Gutter width shall be 24- inches. Item No. 5 Construct variable height (8 -inch to 10 -inch) Type A Curb and Gutter: Work under this item shall include compacting subgrade, constructing 8 -inch to 10 -inch P.C.C. curb and gutter, and providing variable thickness crushed miscellaneous base under new curb and gutter, re- chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Gutter width shall be 24- inches. Item No. 6 Construct 10 -inch Type A Curb and Gutter: Work under this item shall include compacting subgrade, constructing 10 -inch P.C.C. curb and gutter, and providing variable thickness crushed miscellaneous base under new curb and gutter, re- chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Gutter width shall be 24- inches. Item No. 7 Remove and Dispose of Portion of Existing Catch Basin and Construct Modified CALTRANS Catch Basin Type GD -1: Work under this item shall include exposing utilities in advance of work, temporary plating, controlling ground and surface water, potholing all existing utilities, removing, abandoning or protecting interfering portions of existing utilities or improvements, removing and disposing of the existing curb and local depression as shown on plans, protecting in place the existing catch basin frame and grating, doweling into existing walls and local depression, constructing a modified CALTRANS catch basin type GD -1 with new exterior concrete walls and open curb face, central concrete pillar curb support, two reinforced % -inch thick slip resistant galvanized steel plates, and interior WT frame, furnishing all fabricated steel plates, reinforcing members, connectors, anchors, and all other work items as required to complete the work in place. SP 11 OF 21 Item No. 8 Remove & Dispose of Existing P.C.C. Sidewalk: Work under this item shall include removing and disposing of the existing sidewalk, subgrade compaction, exposing utilities in advance of work, temporary barricading and /or plating, control of surface water, protecting and if necessary restoring interfering portions of existing utilities, and all other work items as required to complete the work in place. Item No. 9 Construct 4 -Inch Thick P.C.C. Sidewalk: Work under this item shall include, subgrade compaction, constructing the 4 -inch thick P.C.C. sidewalk, including 6 -inch curb at back of sidewalk where applicable, and all other work items as required to complete the work in place. Item No. 10 Remove & Dispose of Existing Roadway Section: Work under this item shall include sawcutting, removal, and disposal of asphalt concrete pavement to a clean straight edge , removal and disposal of excavated base material as required for new 14- inch thick roadway section, and all other work items as required to complete the work in place. Item No. 11 Construct 10 -Inch Thick Crushed Miscellaneous Base: Work under this item shall include grading, compaction, constructing the roadway base course with 10 -inch crushed miscellaneous base and all other work items as required to complete the work in place. Item No. 12 Construct 4 -inch Thick Asphalt Concrete Pavement: Work under this item shall include constructing 4 -inch thick asphalt concrete pavement, and all other work items as required to complete the work in place. Item No. 13 Construct P.C.C. Foundation for Pedestrian Boardwalk Structure: Work under this item shall include exposing utilities in advance of work, temporary plating, controlling ground and surface water, potholing all existing utilities, protecting or relocating intersecting portions of existing utilities or improvements, excavating, and disposing of excess earthen material, compacting subgrade, constructing P.C.C. foundation, structural backfill foundation as required, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 14 Construct 14 -inch diameter P.C.C. caissons for Pedestrian Boardwalk Structure: Work under this item shall include drilling holes, removing and disposing of excess earthen material, casing if required, plating, controlling of ground and surface water, using Sonotube concrete forms as required, constructing 14 -inch diameter P.C.C. caissons above and below grade, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 15 Construct 5.5 -ft Pedestrian Boardwalk Superstructure: Work under this item shall include exposing utilities in advance of work, temporary plating, controlling ground and surface water, potholing all existing utilities, protecting or relocating 0 0 SP 12 OF 21 intersecting portions of existing utilities or improvements (see Item 16 for Relocation of Traffic Signal Conduit), removing and disposing of excess earthen material as required for clearance of Pedestrian Boardwalk Superstructure (estimated approximately 115 cy of excess earthen material) , constructing the 5.5 -ft Pedestrian Boardwalk Superstructure, furnishing all timber, manufactured decking materials, prefabricated steel connectors, etc., restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 16 Relocate Traffic Signal Conduit & Pull Box to Equal Depth Relative to New Finished Grade: Work under this item shall include exposing traffic signal conduit and pull boxes, installing temporary traffic signal service as required, temporary plating, controlling ground and surface water, potholing all existing utilities, protecting or relocating intersecting portions of existing utilities or improvements, removing and disposing of excess earthen material, relocating traffic signal conduit and pull boxes as required for construction, furnishing all manufactured materials, etc., restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 17 Construct Modified Pedestrian Boardwalk Foundation and Superstructure at Existing Storm Drain Manhole Structure: Work under this item shall include exposing utilities in advance of work, temporary plating, controlling ground and surface water, potholing all existing utilities, protecting or relocating intersecting portions of existing utilities or improvements, constructing 8 linear feet of modified pedestrian boardwalk foundation and superstructure as shown on the plans, furnishing all timber, manufactured decking materials, prefabricated steel connectors, etc., restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 18 Construct Modified Pedestrian Boardwalk Utility Access at Existing Traffic Signal Pull Box: Work under this item shall include constructing modified pedestrian boardwalk superstructure with removable panels at existing traffic signal pull boxes where shown on the plans, furnishing all timber, manufactured decking materials, prefabricated steel connectors, etc., restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 19 Construct Modified Pedestrian Boardwalk Foundation and Superstructure at Existing Concrete Pad: Work under this item shall include exposing utilities in advance of work, temporary plating, controlling ground and surface water, potholing all existing utilities, protecting or relocating intersecting portions of existing utilities or improvements, constructing 12 linear feet of modified pedestrian boardwalk foundation and superstructure as shown on the plans, furnishing all timber, manufactured decking materials, prefabricated steel connectors, etc., restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. SP 13 OF 21 Item No. 20 Construct Modified Guard Cable Fence per OCEMA 1413: Work under this item shall include constructing Guard Cable Fence as shown on the plans with 4 cables and modified connection detail to the pedestrian boardwalk superstructure, and all other work items as required for performing the work complete and in place. Item No. 21 Remove & Dispose of Existing & Construct New P.C.C. Access Ramp: Work under this item shall include locating existing utilities in advance of work, temporary plating, controlling ground and surface water, protecting or relocating intersecting portions of existing utilities or improvements, removing existing P.C.C. improvements and constructing P.C.C. access ramp, installing detective warning surfaces, and all other work items as required to complete the work in place. Item No. 22 Construct Curb Drain: Work under this item shall include installing curb drain(s) per APWA Standard Plan 150 -1 w/ Case II Inlet and 4 -inch C.I. outlet pipes where shown on the plans, furnishing steel grating and frame, and all other work items as required to complete the work in place. Item No. 23 Adjust Existing Cable Pull Box: Work under this item shall include protecting existing cable pull box and adjusting existing cable pull box to match new finished surface per City of Newport Beach standards, and all other work items as required to complete the work in place. Item No. 24 Construct P.C.C. Swale: Work under this item shall include excavating, compacting subgrade, doweling into existing concrete as shown on plans, constructing P.C.C. swale, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Swale width shall be 24- inches. Item No. 25 Furnish & Install CALTRANS Type H Markers: Work under this item shall include providing and installing Caltrans Type H markers where indicated on the plans, and all other work items as required for performing the work complete and in place. Item No. 26 Construct & Maintain Temporary 3 -ft Silt Fence: Work under this item shall include protecting sensitive environmental habitat adjacent to the improvements, constructing and maintaining a 3 -ft high silt fence along existing slope where shown on the plans during construction, and all other work items as required for performing the work complete and in place. Item No. 27 Wetland Vegetation Planting, Maintenance, and Establishment: Work under this item shall include furnishing and planting 12 1- gallon Red Willow Trees and Native Seed Mix where shown on the plans, providing for maintenance and establishment period, and all other work items as required for performing the habitat mitigation planting complete and in place in accordance with the Planting Specifications and the Wetland Planting Plan." • • SP 14 OF 21 Item No. 28 Maintain As -Built Drawings: Work under this item shall include keeping records of all work as the job progresses, maintaining one set of as -built drawings, keeping the as -built drawings up -to -date and on -site for periodic review by the Engineer, and submitting the as -built plans for approval by the Engineer prior to final payment or bond release. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE. MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: `Portland Cement concrete for all 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 conform to ASTM A 615 as follows: Grade 40 Fy= 40 ksi No.3 Bars & where noted on the plans. Grade 60 Fy= 60 ksi No.4 Bars and larger." SECTION 204 - -- LUMBER AND TREATMENT WITH PRESERVATIVES 204 -1 LUMBER AND PLYWOOD 204 -1.1 General. Add to this section: "All wood members of the boardwalk with the exception of decking shall be Select Structural No.1 Douglas Fir (DF) or Larch with grade marked by a recognized grading agency (WWPA) in conformance with Section 204 of the Standard Specifications for Public Works Construction. Boardwalk decking shall be TREX 2x8 HS24, "N" color installed per manufacturer's recommendations, or approved equal." 204 -2 TREATMENT WITH PRESERVATIVES 204 -2.1 General. Add to this section: "All wood and timber for the project, except 2x8 TREX decking, shall be Pressure Treated with Pentachlorophenol in conformance with Section 204 of the Standard Specifications for Public Works Construction." 11 SECTION 205 - -- PILES 205 -3 CONCRETE PILES • SP 15 OF 21 205 -3.1 General. Add to this section: "All concrete piles shall be cast in drilled holes with minimum 3250 psi concrete strength at 28 days (Class 560 -C -3250) using No.3 aggregate (1" maximum size) and with a maximum water - cement ratio of 0.50 as designated by the Standard Specifications for Public Works Construction. " SECTION 212 - -- LANDSCAPE AND IRRIGATION MATERIALS 212 -1 LANDSCAPE MATERIALS 212 -1.1.4 Class "C" Topsoil. Add to this section: "Use Class "C" topsoil." 212 -1.2.4 Organic Soil Amendment. Add to this section: "Use Type 1 organic soil amendment." 212 -1.4.2 Trees. Add to this section: "Willow Tree Planting shall be in accordance with the Planting Plan Specification and Wetland Planting Plan included in Appendix A of these specifications. The Red Willow Trees shall be 1- gallon size with 2 -feet height, and minimum 1/4-inch diameter." 212 -1.4.3 Shrubs. Add to this section: "Native Seed Mix planting shall be in accordance with the Planting Plan Specification and Wetland Planting Plan included in Appendix A of these specifications." SECTION 214 - -- PAVEMENT MARKERS 214 -5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass- covered reflective faces or be 3M Series 290. All new edge of traveled way markers shall be 4" Type H one way yellow retro reflective markers per Caltrans Standard Plan No. A20A." 0 0 SP 16 OF 21 PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.1 General Add to this Section: "Site Preparation shall include weed abatement and seedbed preparation in accordance with the Planting Plan Specification and Wetland Planting Plan included in Appendix A of these specifications." 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 hftp: / /www. city. newi)ort- beach.ca. us /GSV /Frachised %20Haulers.htm." 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. Approximate area of removal is 3350 square feet and replacement isl 140 square feet." 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 z inch" of the last sentence with the words "two (2) inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. SP 17 OF 21 The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. 300 -3 STRUCTURAL EXCAVATION AND BACKFILL 300 -3.1 General. Add to this Section: 'The character of the soil at the site is described in the "Geotechnical Investigation Report for Proposed Dover Drive Improvements between Cliff Drive and 16 Street, City of Newport Beach, California," prepared by Geo- environmental, Inc. and available for review at the Public Works Department. Construction at the site shall be in accordance with the recommendations of the soils report." SECTION 302 - -- ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section: "The asphalt concrete (A.C.) used for surface caps, top 1 -112 inches of asphalt, shall be III -C3 -AR -4000. The A.C. for base course shall be III -132 -AR -4000. All cracks '/< -inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot - applied crack sealant approved by the Engineer. In residential areas no highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top 1-1/2 inches of asphalt shall be placed in a separate lift. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted 95% minimum with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302 -5.4 Tack Coat. Add to this section: `Prior to placing the asphalt concrete, a tack coat of Type SS -1 h asphaltic emulsion at a rate not to exceed one —tenth (ill 0) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -1 CONCRETE STRUCTURES 303 -1.7 Placing Reinforcement 303 -1.7.1 General. Add to this section: the following amounts of concrete cover: Footings (concrete deposited against earth) "Reinforcing steel shall be provided with 3" 0 0 SP 18 OF 21 Concrete surface (formed) exposed to earth or weather 2" Column reinforcing (including column ties) 3" 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." SECTION 304 -- -METAL FABRICATION AND CONSTRUCTION 304 -2 METAL RAILINGS 304 -2.1 Metal Hand Railings 304 -2.1.1 General. Add to this section: "All metal railing shall be cable railing per Orange County Environmental Management Agency (O.C.E.M.A.) Standard Plan 1413 modified with 4 cables, special post connection detail to wood beam, end post configuration at each end of boardwalk, and anchor post with truss rod diagonal bracing as required." SECTION 305 -- -PILE CONSTRUCTION AND TIMBER CONSTRUCTION 305 -1 PILE CONSTRUCTION 305 -1.3 Drilled Holes 305 -1.3.2 Drilled Holes for Cast -In -Place Piles. Add to this section: "An inspector shall verify the hole diameter, embedment depth, and that the bottom of all pile holes is free of debris or loose soil immediately prior to pouring of concrete." 305 -1.3.5 Casings. Add to this section: "An Inspector shall verify whether the use of casings is required. 305 -1.3.7 Concrete. Cold Joints are permitted only as shown on plans and alternative locations require approval of Engineer. An inspector is required to be on site during pouring of all concrete for piles. The concrete for piles shall be formed using Sonotube of appropriate size and length to a minimum 6- inches below lowest adjacent finished grade." 0 r SP 19 OF 21 305 -2 TIMBER STRUCTURES AND TIMBER CONSTRUCTION 305 -2.2 Materials 305 -2.2 Materials. Add to this section: "All references to bolts or mb's are for structural quality through bolts equal to or better than ASTM Standard A307. All bolt heads and nuts bearing on wood shall have standard cut washers. All bolt holes in wood shall be drilled 1/32" dia. larger than normal bolt diameter. All bolts shall be placed a minimum of 4- inches from the end of a board or from a notch and spaced at intervals noted." Add to this section: "All framing anchors, column bases, etc. shall be as manufactured by "Simpson Company ", no substitutions permitted without Engineer's authorization prior to construction. All Simpson components shall be galvanized for exterior exposure." 305 -2.3 Workmanship. Add to this section: "All specified fasteners must be installed according to the instructions in the Simpson Catalog. Incorrect fastener quantity, size type, material, or finish may cause the connection to fail. 16d fasteners are common nails (8 Ga. x 3 -1/2 ") unless specified otherwise. The following notes are provided to ensure proper installation of Simpson Strong -Tie Co., Inc. products and must be followed. 1. Unless otherwise noted, bolts and nails cannot be combined. 8d, 10d, and 16d specify common nails. 2. A fastener that splits the wood will not take the design load. Evaluate splits to determine if the connection will perform as required. Drier woods tend to split more easily and should be evaluated as required. If woods tend to split, pre- boring holes (per the National Design Specification) may be required. 3. Wood shrinks and expands as it dries and gains moisture particularly perpendicular to its grain. Simpson manufactures its products to fit common dry lumber dimensions. If you need a connector dimension, contact the factory. 4. Install all specified fasteners before loading the connection." SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. Care shall be taken when excavating for the • • SP 20 OF 21 boardwalk superstructure at the Northerly end of the project to minimize impacts to adjacent tree roots. Care shall be taken when pruning overhanging and interfering portions of existing trees at the Northerly end of the project to leave no stubs and prune back to the connections in accordance with the latest version of the International Society of Arboriculture (ISA) Tree Pruning Guidelines and Best Management Practices. The Contractor shall construct wetland vegetation planting, perform maintenance, and ensure establishment of 12 1- gallon Red Willow Trees and native seed mix area($) per the Plans and Specifications and in accordance with Appendix "A ". The Contractor shall arrange to meet for this work with the City's Urban Forester, Mr. John Conway at (949) 644 -3083 a minimum of five workdays prior to beginning the work. The Contractor shall describe the method of pruning and removing minor tree roots that may be encountered during construction. The Urban Forrester will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he /she shall cease work at that location and immediately contact the City's Urban Forrester for inspection. Upon inspection, the Urban Forrester may require the Contractor to formally submit a plan for removing the large roots to the City for review. The submittal shall adhere to the following guidelines. 1. Root Pruning a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. b. Roots shall be cleanly severed using a root - pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root - cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and /or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and /or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump - grinding machine instead of a root - pruning machine. 0 SP 21 OF 21 c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre- approved by the City's Urban Forester. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. PART 4 SECTION 400 - -- ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General 400 -2.1.1 Requirements. Add to this section: "The Contractor shall use crushed miscellaneous base as the base materials." F: \Users\PBW\Shared \Contracts \FY 07- 0800VER DRIVE SIDEWALK C- 3652\C3652_MASTER SPECS (08_051508).doc 0 APPENDIX A • A -1 PLANTING PLAN FOR THE DOVER DRIVE SIDEWALK BIPROVEMENT PROJECT INTRODUCTION The proposed sidewalk will be constructed along the east side of Dover Drive from Cliff Drive to 970 feet north of Cliff Drive, adjacent to Castaways Park. Vegetation adjacent to the boardwalk portion of the project area is dominated by stands of willow trees (Salix laevigata, S. lasiolepis), a perennial drainage Swale dominated by broad leaved cattails (Typha latifolia), grassland and ruderal vegetation on the side slope of Dover Drive adjacent to the swale, and compact bare ground. Project improvements will result in minor impacts, including trimming two overhanging willow stems to allow pedestrian access within the boardwalk, and impacts to an area of disturbed grassland on the embankment slope adjacent to Dover Drive. The project does not impact wetlands or Waters of the U.S. as defined by the U.S. Army Corps of Engineers (Jurisdictional Determination No. 200601648- CLlvl). This planting plan was prepared in compliance with California Department of Fish and Game (CDFG) and California Coastal Commission (CCC) on -site mitigation requirements for resource impacts associated with the Dover Drive project (CCC Application No. 5 -06 -344, approved November 8, 2008). PROJECT DESCRIPTION The revegetation project will be conducted on the western side slope of the swale adjacent to the proposed boardwalk. The project area is approximately 0.15 acres. This planting plan details contractor requirements for 1) site preparation activities including general weeding, invasive species removal, and soil scarification on approximately 0.15 acres 2) seeding with a native species mix on approximately 0.15 acres, and 3) planting twelve (12) 1 gal. container stock willow stems. Planting activities are to be conducted in the late fall. The contractor shall comply with all requirements of the project specifications and this planting plan. All contractor tasks will be monitored by the City. PLANTING PLAN TASKS The contractor shall provide all materials, labor, equipment, and any required activities to complete the planting as described in these specifications complete in place for the Lump Sum price bid. The planting activities shall include, but are not limited to the following: Task 1: Weed abatement and site preparation Site preparation prior to planting will include weed abatement measures and seedbed preparation na ^ ^' °a on the westem slope of--the existing t tote proposed boardwalk. Due to the small size of the project site and the proximity to wetland areas, weed • A -z control measures will be limited to mechanical removal; chemical weed control measures will not be used. Weed abatement and site preparation will include three subtasks, including: Task la: Invasive species removal The contractor shall remove invasive species such as artichoke thistle (Cynara cardunculus), castor bean (Ricinus cornmunis), tree tobacco (Nicotiana glauca) and sweet fennel (Foeniculum vulgare) through mechanical means with shovels, loppers or other appropriate tools, taking care to remove stump and root materials and therefore prevent resprouting. Invasive species targeted for removal at the Dover Drive project site are listed in Table 1. The contractor shall bag and remove all non - native plant materials from the site. Task lb: General weeding Following invasive species removal, the contractor shall remove existing European annual grass species (e.g. wild oats, Avena spp.) and ruderal species (e.g. wild radish, Raphanus sativa) as well as the previous year's thatch build -up. Weed removal shall be conducted with a weed whacker, rakes or other appropriate tools. During weed removal activities, care will be taken to protect and maintain existing stands of native species, including saltgrass (Distichlis spicata) and salt heliotrope (Hetiotropium curassavicum). Stands of native vegetation will be identified by the project biologist. The contractor shall bag and remove all non - native plant materials from the site. Task lc: Soil scarification Following mechanical weed removal, the contractor shall scarify the top 1/a inch of soil with rakes or similar hand tools to prepare the seedbed for seeding. Similar to Task lb, care will be taken to protect and maintain existing stands of native species identified by the project biologist. Task 2: Native seeding The project area will be seeded with the native seed mix shown in Table 2. The contractor shall hand broadcast the native seed mix over the entire 0.15 acre project area, at a rate of 20 lbs. /acre. Following broadcast seeding, the contractor shall rake the soil in to a depth of 1/ inches to ensure adequate germination and survival. In addition, the contractor shall place jute fabric over exposed bare soil areas as an erosion control measure, fastened with edge pins and/or fabric staples. As the seeding will be conducted in the late fall, natural winter rainfall will be relied upon for seed germination and establishment. No supplemental irrigation will be used. Alternatively, the contractor may submit a hydroseeding plan for the approval of the project biologist, utilizing standard landscaping and horticultural practices such as delineated in the Greenbook: Standard Specifications for Public Works Construction (2006). Task 3: Willow planting • i A -3 Following the native seeding, a total of twelve (12) arroyo willow stems will be planted at the toe -of -slope position adjacent to the emergent marsh vegetation, in the areas shown in Figure 1 (attached) such that the willow plantings enhance existing willow stands and extend canopy cover to the extent possible. In each of the two areas shown in Figure 1, the contractor shall plant six (6) arroyo willow (Salix laslolepis) trees from 1 gallon container stock. The willow stems shall be planted in a row spaced eight feet (8') apart. Container stock planting will be conducted using standard landscaping and horticultural practices such as delineated in the Greenbook: Standard Specifications for Public Works Construction (2006) to ensure proper plant establishment and survival. Irrigation No permanent or temporary irrigation is proposed for the project site. Maintenance The contractor shall maintain the planted willow trees and planted areas for a period of 120 days in' order to ensure plant survival. Any planted trees or planted areas that do not survive the 120 day maintenance period shall be replaced with new planted trees and planted areas as required at - no additional cost to the City. 0 0 A4 Table 1. Invasive plant species present and targeted for mechanical treatment at the Dover Drive sidewalk project FAMMY /SCIENTIFIC NAME COMMON NAME SPECIES STATUS' AIZOACEAE Western ragweed 1.0 Mesembryanthemunt crystallinunr Crystal ice plant 1.0 APIACEAE Saltgrass 6.0 FoviicuJum vulgare Sweet fennel CalEPPC A -1 ASTERACEAE Salt heliotrope 2.0 Cirsium vulgare Bull thistle CalEPPC B Cynam cardwwulus Artichoke thistle CalEPPC A -1 Picris echioides Bristly ox tongue 3.0 BRASSICACEAE 20.0 Hirshfeldia hwww Shortpod mustard CHENOPODIACEAE Saisola tragus Russian Thistle EUPHORBIACEAE Manus comnrurris Castorbean CaIEPPC B SOLANACEAE Nicoriana glauca Tree tobacco TAMARICACEAE Tamarix sp. Tamarisk CaIEPPC A -1 'S pecies Status: The following codes are represented the codes for the California Exotic Pest Plant Council (CaIEPPC); CalBPPC A: most invasive wildland pest plants; documented as aggressive invaders that displace natives and disrupt natural habitats. Includes two sub - lists: CaIEPPC A -1: wide spread pests that are invasive in more than 3 Jepson regions; CaIEPPC A -2: regional pests invasive in 3 or fewer Jepson regions; CaIEPPC B: wildland pest plants of lesser invasiveness; invasive pest plants that spread less rapidly and cause a lesser degree of habitat disruption; may be wide- spread or regional. Table 2. Native seed mix for the Dover Drive sidewalk project. SCIENTIFIC NAME COMMONNAME LBSdACRE Ambrosia psilostachya Western ragweed 1.0 Baccharissalicifolia Mulefat 1.0 Distichlis spicata Saltgrass 6.0 Eschscholzia califoneica California poppy 1.0 Heliotropium cumssavicum Salt heliotrope 2.0 Jsoconw menziesii Coast goldenbush 2.0 Naseila pulckra Purple needlegrass 4.0 VuIpia michrostachys Three -week fescue 3.0 TOTAL 20.0 / 3 O y O O � h N] N I mO U � O� / v � Q O > O 6 U' Z as 'o '3 6 t9 O � J ! ! ! ! A-_5 LEGEND DOVER DRIVE STREET IMPROVEMENTS i RC: RIPARIAN CREA770N Cff OF WWPORT ffiACH, / IP! ?RC ACT Wetland p p9,,J a �q, Plan /// SITE / RE: RIPARIAN ENHANCEb4EMT Wetly 111.1 Pla ting Pla R i� e a OF It HALLOW PLANTING F• 1` 1'IGT.T7Y MPP PLANTING AREAS (AC) RIPARIAN CREA77ON 0.06 RIPARIAN ENHANCEMENT 0.09 S17E TOTAL ACREAGE 0.15 0 21 50 140 �i f `a A r • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 9 July 22, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen J. Luy 949 -644 -3330 or sluy @city.newport- beach.ca.us SUBJECT: Dover Drive Sidewalk Improvements -Award of Contract No. 3652 Recommendations: 1. Approve the project drawings and specifications. 2. Award Contract No. 3652 to Peterson -Chase General Engineering Construction, Inc., for the Total Bid Price of $393,600, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $39,000 to cover the cost of materials analysis and unforeseen work. Discussion: At 11:00 a.m. on June 25, 2008 the City Clerk opened and read the following bids for this project: BIDDER Low Peterson -Chase General Engineering 2 AMTEK Construction 3 Hillcrest Contracting Inc. 4 Southland Construction TOTAL BID AMOUNT $393,600 $451,890 $454,669 $596,426 * Corrected Bid Amount is $604,226 The low total bid amount is 7 percent below the Engineer's Estimate of $425,000. The low bidder, Peterson -Chase General Engineering Construction (Peterson - Chase), possesses a California State Contractor's License Classification "A" as required by the project specifications. A check of the Contractors references indicates they have satisfactorily completed similar projects for other municipalities. This project consists of the construction of new sidewalk, curb and gutter, asphalt concrete paving, pedestrian boardwalk structure, curb access ramp, miscellaneous drainage facilities, guard cable fence, pruning of existing vegetation adjacent to the boardwalk structure, and planting native seed mix and trees. 0 0 Dover Drive Sidewalk Improvements —Award of contract No. 3652 July 22, 2088 Page: 2 Pursuant to the Contract Specifications, the Contractor will have 75 consecutive working days to complete the work. Construction adjacent to the wetland area may not begin until after September 1, 2008. Environmental Review. On June 27, 2006, Council approved the Mitigated Negative Declaration for this project. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work, two City prepared notices will be distributed by the contractor to both residents and businesses. The first notice will be distributed ten days before work in the area and the second notice 48 hours prior to starting work in the area. Geotechnical Material Testing and Printing Costs: In addition to the contract costs, approximately $6,888 in material testing and $500 for printing and other incidentals are anticipated for this project. Services will be retained from consultants with existing on -call agreement with the City. Funding Availability: Sufficient funds will be available in the following accounts for the project: Account Description General Fund General Fund Transportation and Circulation CIOSA Proposed uses are as follows: Vendor Peterson -Chase Peterson -Chase On -call Consultant Various Prepared by: -Z Stephen . Luy Project Manager. Attachments: Project Location Map Account Number 7013 - 05100854 7013- C2001009 7261- C5100854 7432- C5100854 Amount $ 84,000 $ 10,088 $ 67,400 $ 278,500 Total: $ 439,988 Purpose Amount Construction Contract $ 393,600 Contingency $ 39,000 Materials Testing $ 6,888 Printing and Incidentals $ 500 Total: $ 439,988 Submitted by: 0 L)i tephen G. Badum Public Works Director C-3652 DOVER DRIVE SIDEWALK IMPROVEMENT PROJECT LEE $ � . EXHIBIT A