HomeMy WebLinkAboutC-7979-3 - PSA PSA for Professional Consulting Services for Alley Restoration (AD-113 Area)t`J
r
CITY OF NEWPORT BEACH
r
NOTICE INVITING BIDS
Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk,
100 Civic Center Drive, Newport Beach, CA 92660
Before 10:00 AM on the 30th day of July , 2024,
at which time such bids shall be opened and read for
ALLEY RESTORATION (AD-113 AREA)
Proiect No. 251107
Contract No. 7979-3
$4,100,000
Engineer's Estimate
Approved by
i�
f James M. Houlihan
Deputy PWD/City Engineer
Prospective bidders may obtain Bid Documents, Project Specifications and Plans
via PlanetBids:
http://www.planetbids.com/portal/portal.cfm?CompanviD=22078
Hard copy plans are available via
Mouse Graphics at (949) 548-5571
659 W. 191h Street, Costa Mesa, CA 92627
Contractor License Classification(s) required for this project: "A"
For further information, call the Project Manager, Ben Davis at (949) 644-3317
BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE:
https://www.newportbeachca.gov/government/data-hub/online-services/bids-rfps-vendor:
reqistration
City of Newport Beach
ALLEY RESTORATION (AD-113 AREA)
Contract No. 7979-3
TABLE OF CONTENTS
NOTICEINVITING BIDS..........................................................................................Cover
INSTRUCTIONSTO BIDDERS...................................................................................... 3
BIDDER'S BOND............................................................................................................ 6
DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9
TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 9
NON -COLLUSION AFFIDAVIT..................................................................... 13
DESIGNATION OF SURETIES...................................................................... 14
CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 15
ACKNOWLEDGEMENT OF ADDENDA....................................................................... 18
INFORMATION REQUIRED OF BIDDER.....................................................................19
NOTICETO SUCCESSFUL BIDDER........................................................................... 21
CONTRACT.................................................................................................................. 22
LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A
FAITHFUL PERFORMANCE BOND........................................................... Exhibit B
INSURANCE REQUIREMENTS.................................................................Exhibit C
PROPOSAL.............................................................................................................. PR-1
SPECIALPROVISIONS............................................................................................ SP-1
2
City of Newport Beach
ALLEY RESTORATION (AD-113 ARE
Contract No. 7979-3
INSTRUCTIONS TO BIDDERS
1. The following documents shall be completed, executed, uploaded and received by the City Clerk
via PlanetBids in accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed
Envelope before the bid opening)
DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information
to be submitted via PlanetBids)
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; Contractor shall confirm via PlanetBids)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON -COLLUSION AFFIDAVIT
DESIGNATION OF SURETIES
PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids)
The City Clerk's Office will open and read the bid results from PlanetBids immediately
following the Bid Opening.
The Bid Results are immediately available to the public via PlanetBids following the Bid
Opening Date (Bid Due Date). Members of the public who would like to attend this reading
may go to Bay E, 2"d Floor of the Civic Center (Located at 100 Civic Center Dr.)
2. Cash, certified check or cashiers check (sum not less than 10 percent of the total bid price) may
be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid"
shall be clearly marked on the outside of the envelope containing the documents. Original copies
must be submitted to the City Clerk's Office.
3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed
above. Bidders are advised to review their content with bonding and legal agents prior to
submission of bid.
4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized
by the Insurance Commissioner to transact business of insurance in the State of California, and
(2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The
successful bidder's security shall be held until the Contract is executed. Original, sealed
copies must be submitted to the City Clerk's Office before the Bid Opening. The title of the
project, Contract Number and the words "Sealed Bid" shall be clearly marked on the outside of
the envelope containing the documents.
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,
3
bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated
quantity by unit price, the correct multiplication will be computed and the bids will be compared
with correctly multiplied totals. The City shall not be held responsible for bidder errors and
omissions in the PROPOSAL.
7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor
irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at
the request and expense of the Contractor, securities shall be permitted in substitution of
money withheld by the City to ensure performance under the contract. The securities shall
be deposited in a state or federal chartered bank in California, as the escrow agent.
8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial
Relations has ascertained the general prevailing rate of per diem wages in the locality in which
the work is to be performed for each craft, classification, or type of workman or mechanic needed
to execute the contract. A copy of said determination is available by calling the prevailing wage
hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations.
All parties to the contract shall be governed by all provisions of the California Labor Code —
including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981
inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site.
9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of
the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts
Code, "Subletting and Subcontracting Fair Practices Act".
10. No contractor or subcontractor may be listed on a bid proposal for a public works project
(submitted on or after March 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement
for bid purposes only under Labor Code section 1771.1(a)].
11. No contractor or subcontractor may be awarded a contract for public work on a public works
project (awarded on or after April 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5.
12. This project is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
13. 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.
14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on
behalf of itself or a subcontractor that lacks privity of contract with the City but has requested
that contractor proceed on its behalf, sent by registered mail or certified mail return receipt
requested for a time extension, payment by the City for money or damages arising from work
done by, or on behalf of, the contractor and payment for which is not otherwise expressly
provided or to which the claimant is not otherwise entitled, or for payment of an amount that is
disputed by the City, the following is a summary of the claims resolution process to be applied:
A. The City shall review the claim and, within 45 days, shall provide a written statement
identifying the portions of the claim that are disputed and undisputed. This time period may
be extended by mutual agreement. The claimant shall furnish all reasonable
documentation to support the claim. If the City needs approval from its City Council to
4
provide the written statement and the City Council does not meet within the prescribed time
period, the City shall have up to 3 days following the next regular meeting of the City
Council to provide the written statement. Payment of the undisputed portion of the claim
shall be made within 60 days after the City issues its written statement.
B. If the claimant disputes the City's written statement or if the City does not issue a written
statement in the prescribed time period, the claimant may demand in writing an informal
meet and confer conference, which shall be scheduled within 30 days of receipt of
claimant's demand.
C. Within 10 business days of the meet and confer conference, if a dispute remains, the City
shall provide a written statement identifying the portion of the claim that remains in dispute
and the undisputed portion. The City shall pay any remaining amount of the undisputed
portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding
mediation or similar nonbinding process, with the City and claimant sharing the costs
equally and agreeing to a mediator within 10 business days. If the parties cannot timely
agree on a mediator, each party shall select a mediator and those mediators shall select a
qualified neutral third parry to mediate the remaining disputed portion. If mediation is
unsuccessful, any remaining disputed portion shall be addressed using procedures outside
of Public Contract Code section 9204.
D. Failure by the City to meet the time requirements herein shall result in the claim being
rejected in its entirety and shall not constitute an adverse finding with regard to the merits of
the claim or the responsibility or qualifications of the claimant.
The signature below represents that the above ha een reviewed.
vo
01 -f
Contractor's License No. & Classification uthorized Sig tur / le
100000 IS 4 (o C--� . 0(V k0 r7
DIR Registration Number & Expiration Date Date
Grigolla & Sons Const. Co. INC.
Bidder
5
Bond No. CSBA-27668
City of Newport Beach
ALLEY RESTORATION (AD-113 AREA)
Contract No. 7979-3
BIDDER'S BOND
We, the undersigned Principal and Surety, our successors and assigns, executors, heirs
and administrators, agree to be jointly and severally held and firmly bound to the City of Newport
Beach, a charter city, in the principal sum of Ten Percent of the 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 ALLEY
RESTORATION (AD-113 AREA), Contract No. 7979-3 in the City of Newport Beach, is accepted
by the City Council of the City of Newport Beach and the proposed contract is awarded to the
Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed,
including the required bonds, and original insurance certificates and endorsements for the
construction of the project within thirty (30) calendar days after the date of the mailing of
"Notification of Award", otherwise this obligation shall become null and void.
If the undersigned Principal executing this Bond is executing this Bond as an individual, it
is agreed that the death of any such Principal shall not exonerate the Surety from its obligations
under this Bond.
Witness our hands this 1st day of July 2024.
Grigolla & Sons Construction Co., Inc.
Name of Contractor (Principal) uthorized Sirtu
rttl.���
Harco National Insurance Company
Name of Surety
2400 E. Katella Ave., Suite 250 Anaheim CA 92806
Address of Surety
(714) 602-9170
Telephone
Agent
Shaunna Rozelle Ostrom, Attorney -in -Fact
Print Name and Title
(Notary acknowledgment of Principal & Surety must be attached)
A
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of Califo,r��lla
County of o�0-�i„� D. � SS.
On / 20_L (/ before me,
Notary Public, p6rsonally appeared iS12i'Gcz-1 CT7 I
who proved to me on the basis of satisfactory evidence to be the person(k) whose name(p) is/afe
subscribed to the within instrument and acknowledged to me that he/s4qQA y executed the same
in his/ha44144r authorized capacityUes), and that by his/fir signatures(.9) on the instrument
the person'), or the entity upon behalf of which the person() acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
'.IELLA LOPE! 6-1111LLA
WITNESS my hand and official seal. Nutary PuWlc (elirurnle
LonAngplpa (.aunty _
( nnunMion M 2437810
7 If
m (rxn. E.111m Feh 10, 2027
Signature (seal)
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
OPTIONAL INFORMATION
7/-1 /aZ �z Thumbprint of Signer
Type of Satisfactory Evidence:
Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
Capacity(ies) claimed by Signer(s):
Trustee
Power of Attorney
CEO/CFO/COO
President / Vice -President / Secretary / Treasurer
Other:
Other Information:
7
Check here if
no thumbprint
or fingerprint
is available.
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of 3 ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
(seal)
County of Orange } ss.
On July 1st 2024 before me, Melissa Ann Vaccaro
Notary Public, personally appeared Shaunna Rozelle Ostrom
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. MEussAANNMMVACCARo
� _,, jjj„ _'_ CO. #2401942
01942
Notary PubNc-California �
LL
ORANGE COUNTY U.
My Comm. Expires May 12, 2026
J
Signature Melissa Ann Vaccaro (seal)
8
POWER OF ATTORNEY Bone! No. CSBA-27668
HARCO NATIONAL INSURANCE COMPANY
INTERNATIONAL FIDELITY INSURANCE COMPANY
Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609
KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of
the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New
Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and
appoint
BENJAMIN WOLFE, MICHAEL D. STONG, CHELSEA LIBERATORE, BEN STONG, ADRIAN LANGRELL, DWIGHT REILLY,
DANIEL HUCKABAY, ARTURO AYALA, FRANK MORONES, SHAUNNA ROZELLE OSTROM, R. NAPPI
Orange, CA
their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract
or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL
INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had
been duly executed and acknowledged by their regularly elected officers at their principal offices.
This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY
and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of
Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018.
"RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the
Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited
In their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings,
recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation
may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attomeys-in-fact with authority to execute
waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed
by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written
obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the
Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same
force and effect as though manually affixed."
IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL
FIDELITY INSURANCE COMPANY have each executed and attested these presents
on this 31st day of December, 2023 , ,,,,
�4�uiYl,sa STATE OF NEW JERSEY s1PV�sUy'y
4. 4 STATE OF ILLINOIS `p; 6pVf7Rgr• n
pg4� County of Essex
a co SEAL �,. County of Cook = SEAL : a :
r 1904 ema -05 19s4 `3�":
�31y! M ka Michael F. Zurcher �.,a�s;
Executive Vice President, Harco National Insurance Company
and International Fidelity Insurance Company
On this 31st day of December, 2023 , before me came the individual who executed the preceding instrument, to me personally known, and,
being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and
INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the
said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.
(HY C • IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark,
RG� New Jersey the day and year first above written.
�OTA�?
,,, •• F NENN ,' Cathy Cruz a Notary Public of New Jersey
CERTIFICATION
My Commission Expires April 16, 2029
1, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify
that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set
forth in said Power of Attorney, with the orioinais on file in the home office of said companies, and that the same are correct transcripts thereof, and of the
whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, July 'at , 2024
A00835
Irene Martins, Assistant Secretary
City of Newport Beach
Alley Restoration (AD-113 Area) (7979-3), bidding on 07/30/2024 10:00 AM (PDT)
Page I of 4
Printed 07/30/2024
Bid Results
Bidder Details
Vendor Name Grigolla & SonsConst., Co., Inc.
Address 627 W. Allen Ave.
San Dimas, California 91773
United States
Respondee David Grigolla
Respondee Title Corporate Secretary
Phone 909-447-8530
Email david@grigollaandsons.com
Vendor Type CADIR
License # 514132
CADIR 1000001346
Bid Detail
Bid Format
Electronic
Submitted
07/29/2024 3:55 PM (PDT)
Delivery Method
Bid Responsive
Bid Status
Submitted
Confirmation #
386052
Respondee Comment
Buyer Comment
Attachments
File Title File Name File Type
Alley Restoration Project 25R07 Contract 7979-3.pdf Alley Restoration Project 25R07 Contract 7979-3.pdf General Attachment
Bid Bond -Alley Restoration Project 25R07 Contract 7979-3 .pdf Bid Bond -Alley Restoration Project 25R07 Contract 7979-3 .pdf Bid Bond
Bid Bond -Alley Restoration Project 25R07 Contract 7979-3 .pdf Bid Bond -Alley Restoration Project 25R07 Contract 7979-3 .pdf Bid Bond
PlanelBids
City of Newport Beach
Page 2 of 4
Alley Restoration (AD-1 13 Area) (7979-3). bidding an 07/30/2024 10:00 AM (PDT)
Printed 07/30/2024
Subcontractors
Showing 5Subcontractors
Name & Address Desc
License Num
CADIR
Amount Type
Adkan Engineers survey
LS5390
1000001712'
$40,000.00 CADIR, DGS
6879 Airport Dr.
Riverside, California 92504
Concrete Placement, Inc. concrete boom
945494
1000001791
$40,000.00
P0. Box 1337 pump
Tustin, California 92781
Orange County Striping Service striping
346095
1000005547
$15,000.00
183 N Pixley St
Orange, California 62868
Roberts Concrete cutting & coring In saw cutting
788014
1000028547
$35,000.00
21361 Warren Rd.
Nuevo, California 92567
Robertson's Concrete concrete supplier
000000
10000039563
$230,000.00
200 S Main St Ste 200
Corona, California 92882
PlanetBids
City of Newport Beach
ALLEY RESTORATION (AD-113 AREA)
Contract No. 7979-3
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this form!!! Please print or type.
Bidder's Name Grigolla & Sons Conn. Co. INC.
FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A
COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON -RESPONSIVE.
For all public agency projects you have worked on (or are currently working on) for street
related projects only in the past 5 years in excess of $500,000, provide information in the
following sections. Please see Special Provisions Section 2-1 for detailed experience
record/reference requirements.
No. 1
Project Name/Number UACA'ek ( 0a(eme +- PYD�rG.!'Yt
Project Description (Z w1oyQ, r-CPIGLC-�
Approximate Construction Dates: From Recemo-er Zoti To: A P6
Agency Name (.' 1i�� C�_ NP.WY % ReQ�1n
Contact Personfin{�y- Telephone (OWi) UL4H - 334L+
Original Contract Amount $teyy.-�AQ_Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
�_{rqn% br GtevS rnYk �-e vp olif rev-PnCP_
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
10
No. 2
Project Name/Number C)Y\cre�c R g,0,LemW i PIgera.m
Project Description Vemzyk 14epUce bIGt2wAS, ('Uy0fltA+ WS, ok-Mdhvt"U�S
Approximate Construction Dates: From NOV • 2023 To: MQLY'c h 202�
Agency Name GI C>
Contact Person Telephone 6LA) (eL(L4"331'J
Original Contract Amount $Final Contract Amount $ 1,1�1 24U.
If final amount is different from original, please explain (change orders, extra work, etc.)
Cv\o-Lv e oyAeyS rnct�-e v p Ai+-enence
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.
R
No. 3
Project Name/Number Pj�teu\���OYI ��p WAVeA, LAUD 27- PtnC,-1-e z A Ab IZy Please 0)
Project Description Pm 4C A Q-tA Ale VevA QPPrOa&�I, SCAtwr&h, C4-1v10
Approximate Construction Dates: From Avi � 2n2, 9 To: S}'l I1 W Ov Vl! iC
Agency Name (mil C� tl�&ii \:�Ieac)n
Contact Person 14YWA $ctlAIVt: MM Telephone (q4q) VALI - U:3 4
Original Contract Amount $3 461 6t>H Final Contract Amount $ Siiil WoY�iYt�i
If final amount is different from original, please explain (change orders, extra work, etc.)
1.
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
11
No. 4
Project Name/Number CDS+(b Who�QdctlQ Noywalk �lv tvLq Lot
Project Description QeWlny�Q �P(aCP i;f�cl�s , %ivb o�t��tyS , Q Vtal j�p/� ramps
Approximate Construction Dates: From 2023 To: j�C • %A23
Agency Name W
Contact Person Coaq Telephone M5j) 31LA— is 44
Original Contract Amount $523,05'1 Final Contract Amount $ ( Llllt 4qL . `io
If final amount is different from original, please explain (change orders, extra work, etc.)
C' a iq wkvs make qy-e. At c'e .
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�jl(,VrC
Project Description (It,yAnl Gti i-i" c6nc ^2'�-c SL JCL Q
Approximate Construction Dates: From WQ • U.7-2. To:
Agency Name Cnl^ttWYCG A� Nyio_!� --
Contact Person rjay- S '�ti C7 Telephone (3�3) Z6(t
Original Contract Amount $ qV2, 215 Final Contract Amount $ 412, 2�5
If final amount is different from original, please explain (change orders, extra work, etc.)
N
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.
W6.
12
No. s
Project Name/Number PMVIUCA ,041-�' VACIQ 'L022"23
r
Project Description a Y' 1�(.2 b� Wdo, damps , cm_00 �Ujkk-
Approximate Construction Dates: From cV(A 2012 To: � UYa 70z3
Agency Name
Contact Person VA01 OS Telephone (aoq)
Original Contract Amount $ ISM O�Final Contract Amount $ 253,obo
If final amount is different from original, please explain (change orders, extra work, etc.)
Cv,a,,� o,r�vs made u,Q �li�re+nc�'.
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
Attach additional sheets if necessary.
Attach to this Bid the experience resume of the person who will be designated as
General Construction Superintendent or on -site Construction Manager for the
Contractor.
Upon request, the Contractor shall attach a financial statement and other information
sufficiently comprehensive to permit an appraisal of the Contractor's current financial
conditions.
Grigolla & Sons Cont. Co. INC.
Bidder
13
Authorized T n re/Title
CitV of Newport Beach
ALLEY RESTORATION (AD-113 AREA)
Contract No. 7979-3
NON -COLLUSION AFFIDAVIT
State of California )
) ss.
County of Lob par�S )
OaV (A C-tri yyAck being first duly sworn, deposes and says that he or she is
(,V,p,rak S.ecvt+a!H of Grreolla&Sons Consr.Co.INC. , 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 s- th�State ofis that the foregoing is true and correct.
Grigolla & Sons Consr. Co. INC. --_ - ('ov SeCV-CAart-
Bidder Authoriz gna re/Title U
Subscribed and sworn to (or affirmed) before me on this 15f day of -j" V .12024
b tJ I (` t I p ( a` proved to me on the basis of
Y
satisfactory evidence to be the erson(.s') who appeared before me.
I certify under PENALTY OF PERJURY under the laws of the Sta�f..C.lifornia that the foregoing
paragraph is true and correct.A_e� , __
Nota ublic
SfLLIA LUPft GRIGOLLn
[SEAL] Nur pry Pul fic Lnllfor nin
Loa nngrka cutirity
[unonts 111h l 237870
My rrmm� Egdres Fah 10, 2021
14
My Commission Expires: JZ'6 / 0 9D a
City of Newport Beach
ALLEY RESTORATION (AD-113 AREA)
Contract No. 7979-3
DESIGNATION OF SURETIES
Bidder's name Grigolla & Sons Const. Co. INC.
Provide the names, addresses, and phone numbers for all brokers and sureties from
whom Bidder intends to procure insurance and bonds (list by insurance/bond type):
1 I-111 N. Bc�kGtyi q t. Ste 2 01
NJ
k Y kvAVb1 a�'► �l 5 i to - i232
15
City of Newport Beach
ALLEY RESTORATION (AD-113 AREA
Contract No. 7979-3
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidder's Name Grigolla & Sons Const. Co. INC.
Record Last Five (5) Full Years
Current Year of Record
Current
Record
Record
Record
Record
Record
Year of
for
for
for
for
for
Record
2023
2022
2021
2020
2019
Total
2024
No. of contracts
�6
V0
50
T5
bo
�(1
Total dollar
Amount of
i
biA'
.
oCP -
Contracts (in
��
ao°
oo i
��
OPD'
��►
'l�
7,�
Thousands of $)
No. of fatalities
�
�
�
�
91
�
No. of lost
Workday Cases
fjf
(,?f
9(
'0
No. of lost
workday cases
involving
�
Al
permanent
transfer to
another job or
termination of
employment
The information required for these items is the same as required for columns 3 to b, Code
Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102.
16
10,
Legal Business Name of Bidder 6--K tia :� SonS COInSiVLIG�IGilI CA.
Business Address: Lai-"
Ak2"f San DiYA" CA aM3
Business Tel. No.: O�qql-_b530
State Contractor's License No. and
Classification: 51 LA 132,
Entity Type: Corpova-"ipn
The above information was compiled from the records that are available to me at this time
and I declare under penalty of perjury that the information is true and accurate within the
limitations of those records.
Signatui
bii
Signatu
bi
Signatu,� .,
bidder
Date
Title
Signature of
bidder
Date
Title
Signature Requirements: If bidder is an individual, name and signature of individual
must be provided, if doing business under a fictitious name, the fictitious name must be
set fort along with the County. If bidder is a partnership or joint venture, legal name of
partnership/joint venture must be provided, followed by signatures of all of the
partners/joint ventures or if fewer than all of the partners/joint ventures submit with
evidence of authority to act on behalf of the partnership/joint venture. If bidder is a
corporation, legal name of corporation must be provided, followed by signatures of the
corporation President or Vice President or President and Secretary or Assistant
Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of
the corporation. All must be acknowledged before a Notary Public, who must certify that
such individuals, partners/joint ventures, or officers were proven on the basis of
satisfactory evidence to be the persons whose name are subscribed to and
acknowledged that they executed the same in their authorized capacities.
[NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHED]
17
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of Califo n
Count of SS. .L
On 20 before me,
Notary Nblic,6$ersonally appeared 4&64 ,6 -511-27 1,4 .�)
who proved to me on the basis of satisfactory evidence to be the pen(s' whose names Bare
subscribed to the within instrument and acknowledged to me that hoAeke/they executed the same
in h sr/their authorized capacity ies), and that by laid r/their signatures on the instrument
the person,Ls), or the entity upon behalf of which the persons) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. STELLALOPEZ GRILL a
Notary Public - California
Los Angeles Carnty
Comndsslon N 2437810
My c nm. EsplrPs Fab 10. 202I
Signa re (seal)
OPTIONAL INFORMATION
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence:
Personally Known with Paper Identification
Paper Identification
Credible Witnesses)
Thumbprint of Signer
C
Capacity(ies) claimed by Signer(s):
Trustee
Power of Attorney
CEO/CFO/COO
President / Vice -President / Secretary / Treasurer
Other:
Other Information:
7
Check here if
no thumbprint
or fingerprint
is available.
City of Newport Beach
ALLEY RESTORATION (AD-113 AREA)
Contract No. 7979-3
ACKNOWLEDGEMENT OF ADDENDA
Bidder's name Grigolla & Sons Const. Co. INC.
The bidder shall signify receipt of all Addenda here, if any, and attach executed copy
of addenda to bid documents:
Addendum No. Date Received Signature
f:3
City of Newport Beach
ALLEY RESTORATION (AD-113 ARE
Contract No. 7979-3
INFORMATION REQUIRED OF BIDDER
Bidder certifies under penalty of perjury under the laws of the State of California that the
following information is true and correct:
Name of individual Contractor, Company or Corporation:
Grigolla & Sons Conn. Co. INC.
Business Address: (W W. AUV\ U. �Co1 DHOW, CA 0013
Telephone and Fax Number: (aDa� �{ql-�630 a0A)4g1 " 554a
California State Contractor's License No. and Class: 514132. a �
(REQUIRED AT TIME OF AWARD)
Original Date Issued: 0 1 to -t Expiration Date: b'1 ��l 2b25
List the name and title/position of the person(s) who inspected for your firm the site of the
work proposed in these contract documents:
v i r� C v1 ao hof ` Co y Pwrvl
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
I VJVA bYi!a01lCt PVVe iAektf Le21 W. Akttyl q1111 �aal) 44 0-0530
t ggtnov�d 6AAbllg y fce �dRt4 tezl w. Alloyi ka • San bl m,&5 A1�13 f�b 4E<41-as3o
"�yAVld L16gpliCA CbvNra�tgecvkv 1,911 w I ikkuhkwSalt him4L 911,13 6Q!g u41 8530
Corporation organized under the laws of the State of ak. +DY n11G
19
The dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proposal are as follows:
N1�
All company, corporate, or fictitious business names used by any principal having interest
in this proposal are as follows:
N I�
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;
W 1A
Briefly summarize the parties' claims and defenses;
N �A
Have you ever had a contract terminated by the owner/agency? If so, explain.
NO
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 labor co liance (i.e. failure to pay
prevailing wage, falsifying certified payrolls, etc.)? Yes / o
20
Are any claims or actions unresolved or outstanding? Yes / &
If yes to any of the above, explain. (Attach additional sheets, if necessary)
Nf�
Failure of the bidder to provide ALL requested information in a complete and accurate
manner may be considered non -responsive.
(Print name of Owner or President
c of Corporation/Company)
Grigolla & Son Cont. Co. INC. \ S'OCV'0 t
InBidder I Authorized re/ 'tie
Cv?by(4c S.2G►^e l�
Title
-) / I lag
Date
On 1 I a� bef re me, '�e� c> off' sA I0\, Notary Public, personally appeared
who proved to me on the basis of
satisfactory evidence to bethe personN whose name( is1ke subscribed to the within instrument and
acknowledged to me that he/sX/tl* executed the same in his/hXr/tH5!r authorized capacity(sws), and that
by his/h)thksignature(K on the instrument the person(, or the entity upon behalf of which the person('
acted, ex cuted 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 hand and official seal.
Not Public in and f said State
My Commission Expires: .!b /0 P-QR7
21
!F[ STELLA LOPEZ GIIIGOLLA
Nntary Puic bl- California
ty
Lac AnQelIc County
Cumndsslon A 2437810 —
(SEAL) ° My( n,n. E,ph es feb 10, 2027
City of Newport Beach
ALLEY RESTORATION (AD-113 AREA)
Contract No. 7979-3
NOTICE TO SUCCESSFUL BIDDER
The following Contract Documents shall be executed and delivered to the Engineer within
ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the
"Notification of Award" to the successful bidder:
• CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS
• LABOR AND MATERIALS PAYMENT BOND
• FAITHFUL PERFORMANCE BOND
The City of Newport Beach will not permit a substitute format for these Contract Documents.
Bidders are advised to review their content with bonding, insuring and legal agents prior to
submission of bid. Original Certificate(s) of Insurance, General Liability Insurance
Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required
by the Contract documents and delivered to the Public Works Department within ten (10)
working days after the date shown on the Notification of Award to the successful bidder.
The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by
an insurance organization or surety (1) currently authorized by the Insurance Commissioner to
transact business of insurance in the State of California, and (2) listed as an acceptable surety in the
latest revision of the Federal Register Circular 570.
Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted
for any monies to be withheld to ensure performance under the Contract.
Insurance companies affording coverage shall be (1) currently authorized by the Insurance
Commissioner to transact business of insurance in the State of California, and (2) assigned
Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance
with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided
as specified in the Standard Specifications for Public Works Construction, except as modified by the
Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the
insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed
will not be issued until all contract documents have been received and approved by the City.
22
City of Newport Beach
ALLEY RESTORATION (AD-113 AREA)
Contract No. 7979-3
SAMPLE CITY
CONTRACT
23
City of Newport Beach
ALLEY RESTORATION (AD-113 AREA)
Contract No. 7979-3
(Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids.
Contractor shall sign the below acknowledgement)
To the Honorable City Council
City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
Councilmembers:
The undersigned declares that the Contractor 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. 7979-3 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:
I ( I f - q Grigolla & Sons Const Co. INC.
Date —1 Bidder
(OM9'� yg-1- 853D Seck•e 4cr v
Bidder's Telephone and Fax Numbers idder's Aut 1z d Signature and Title �1
514t 32 -A
Bidder's License No(s).
and Classification(s)
I oo000 1,3 4(a
DIR Registration Number
(011 W . A11-e" Ave. Sari b" YAa& )CA cl 1-7-13
Bidder's Address
Bidder's email address: L�av(d �b 0 it �0llaah� SoM . Gorv)
am
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
INDEX
FOR
SPECIAL PROVISIONS
ALLEY RESTORATION (AD-113 AREA)
PROJECT NO. 25RO7
CONTRACT NO. 7979-3
PART 1 - GENERAL PROVISIONS
1
SECTION 1—TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1
1-2 TERMS AND DEFINITIONS 1
SECTION 2 - SCOPE AND CONTROL OF THE WORK
2-1 AWARD AND EXECUTION OF THE CONTRACT
2-5 PLANS AND SPECIFICATIONS
2-5.2 Precedence of Contract Documents
2-6 WORK TO BE DONE
2-9 SURVEYING
2-9.1 Permanent Survey Markers
2-9.2 Survey Service
SECTION 3 - CHANGES IN WORK
3-3 EXTRA WORK
3-3.2 Payment
3-3.2.2 Basis for Establishing Cost
3-3.2.3 Markup
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
4-1.3.1 General
SECTION 5 - UTILITIES
5-1 LOCATION
5-1.1 General
5-2 PROTECTION
5-4 RELOCATION
2
2
2
2
2
2
2
3
3
3
3
3
4
4
4
4
4
5
5
5
5
5
SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6
6-1.1 Construction Schedule 6
6-7 TIME OF COMPLETION 6
6-7.1 General 6
6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 7
6-9 LIQUIDATED DAMAGES 8
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 8
7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES
8
7-1.2 Temporary Utility Services
8
7-2 LABOR
8
7-2.2 Prevailing Wages
8
7-7 COOPERATION AND COLLATERAL WORK
9
7-8 WORK SITE MAINTENANCE
9
7-8.1 General
9
7-8.4 Storage of Equipment and Materials
9
7-8.4.2 Storage in Public Streets
9
7-8.6 Water Pollution Control
9
7-8.6.2 Best Management Practices (BMPs)
9
7-8.6.3 Storm Water Pollution Prevention Plan (SWPPP)
11
7-10 SAFETY
11
7-10.3 Haul Routes
11
7-10.4 Safety
11
7-10.4.1 Work Site Safety
11
7-10.5 Security and Protective Devices
11
7-10.5.3 Steel Plate Covers
11
SECTION 9 - MEASUREMENT AND PAYMENT
11
9-2 LUMP SUM WORK
11
9-3 PAYMENT
11
9-3.1 General
11
9-3.2 Partial and Final Payment.
17
PART 2 - CONSTRUCTION MATERIALS 18
SECTION 200 — ROCK MATERIALS
18
200-2 UNTREATED BASE MATERIALS
18
200-2.1 General
18
SECTION 201- CONCRETE, MORTAR, AND RELATED MATERIALS
18
201-1 PORTLAND CEMENT CONCRETE
18
201-1.1 Requirements
18
201-1.1.2 Concrete Specified by Class and Alternate Class
18
201-2 REINFORCEMENT FOR CONCRETE
18
201-2.2 Steel Reinforcement
18
201-2.2.1 Reinforcing Steel
18
SECTION 203 — BITUMINOUS MATERIALS
18
203-6 ASPHALT CONCRETE
18
203-6.5 Type III Asphalt Concrete Mixtures
18
SECTION 214 —TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS
19
214-4 PAINT FOR STRIPING AND MARKINGS
19
214-4.1 General
19
PART 3 - CONSTRUCTION METHODS
19
SECTION 300 - EARTHWORK
19
300-1 CLEARING AND GRUBBING
19
300-1.3 Removal and Disposal of Materials
19
300-1.3.1 General
19
300-1.3.2 Requirements
20
SECTION 302 - ROADWAY SURFACING 20
302-5 ASPHALT CONCRETE PAVEMENT
302-5.1 General
302-5.4 Tack Coat
302-5.8 Manholes (and Other Structures)
302-6 PORTLAND CEMENT CONCRETE PAVEMENT
302-6.7 Traffic and Use Provisions
20
20
20
21
21
21
SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION
21
303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND
DRIVEWAYS
21
303-5.1 Requirements
21
303-5.1.1 General
21
303-5.4 Joints
21
303-5.4.1 General
21
303-5.5 Finishing
22
303-5.5.2 Curb
22
303-5.5.4 Gutter
22
SECTION 314 —TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 22
314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS
22
314-2.1 General
22
314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS
22
314-4.1 General
22
314-4.2 Control of Alignment and Layout
23
314-4.2.1 General
23
314-4.4 Thermoplastic Traffic Striping and Pavement Markings
23
314-4.4.1 General
23
314-4.4.2 Surface Preparation
23
PART 6 - TEMPORARY TRAFFIC CONTROL 23
SECTION 600 - ACCESS
23
600-1 GENERAL
23
600-2 VEHICULAR ACCESS
24
600-3 PEDESTRIAN ACCESS
24
SECTION 601— WORK AREA TRAFFIC CONTROL
25
601-1 GENERAL
25
601-2 TRAFFIC CONTROL PLAN (TCP)
25
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
ALLEY RESTORATION (AD-113 AREA)
PROJECT NO. 25R07
CONTRACT NO. 7979-3
INTRODUCTION
ESS/O�l\
No. 78) 5C,-
q� �'I V K
F C AL \�
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-7042-S and No. R-7044-S);
(3) the City's Design Criteria and Standard Drawings for Public Works Construction,
(2021 Edition); (4) Standard Specifications for Public Works Construction (2015 Edition)
including supplements. The City's Design Criteria and Standard Drawings for Public
Works Construction are available at the following website:
http://www.newportbeachca.gov/government/departments/public-works/resources
Copies of the Standard Specifications for Public Works Construction may be purchased
online at www.bnibooks.com/products/standard-specifications-public-works-construction
or call 888-BNI BOOK (888-264-2665).
The following Special Provisions supplement or modify the Standard
Specifications for Public Works Construction as referenced and stated
hereinafter:
PART 1 - GENERAL PROVISIONS
SECTION 1 — TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND
SYMBOLS
1-2 TERMS AND DEFINITIONS
Add the following definition:
City — City of Newport Beach
Page SP 1 of 26
SECTION 2 - SCOPE AND CONTROL OF THE WORK
2-1 AWARD AND EXECUTION OF THE CONTRACT
At the time of the award and until completion of work, the Contractor shall possess a
Class "A" license. At the start of work and until completion of work, the Contractor and
all Subcontractors shall possess a valid Business License issued by the City.
The Contractor is required to demonstrate their experience and ability to complete
similar alley reconstruction projects for public agencies and shall have been engaged in
similar alley reconstruction projects for public agencies for a period of not less than five
(5) years. As part of the Contractor's Technical Ability and Experience References, the
Contractor must provide, at a minimum, five reference projects that demonstrate the
successful completion of similar projects with a minimum total of 10,000 Square Feet of
alley reconstruction within the public right-of-way.
2-5 PLANS AND SPECIFICATIONS
2-5.2 Precedence of Contract Documents
If there is a conflict or discrepancy between different Contract Documents, the more
stringent requirement as determined by the Engineer shall control.
2-6 WORK TO BE DONE
The work necessary for the completion of this contract consists of (1) distributing
notices to affected residents; (2) traffic control; (3) construction surveying; (4) removing
existing asphalt or concrete streets/alleys, alley approaches, sidewalks, curb and gutter,
and driveways; (5) constructing new concrete streets/alleys, alley approaches,
sidewalks, curb and gutter and driveways; (6) adjusting and/or installing new City
utilities to grade; (7) installing new traffic striping; (8) coordinating with subcontractors
to adjust utility facilities raised to grade; (9) removing existing hardscaping and
pavement as needed for contract work; and (10) other incidental items to be completed
in work places required by the Contract Documents. All construction for the work shall
reference these Special Provisions, the Standard Specifications, and all Contract
related documents.
2-9 SURVEYING
2-9.1 Permanent Survey Markers
Delete the second paragraph and replace with the following: The Contractor shall
submit to the Engineer, a minimum of 7 days prior to the start of work, a list of
controlling survey monuments which may be disturbed. The Contractor shall include in
their bid a $85,000 allowance for the survey work detailed below, which includes a 5%
sub -contractor markup. As part of this contract, the contractor will be required to use
Page SP 2 of 26
Coast Surveying, Inc. of Tustin CA for recording and restoring monuments and can be
contacted at (714) 918-6266:
Coast Surveying, Inc.
15031 Parkway Loop, Suite B
Tustin, CA 92780-6266
(714) 918-6266
a) set survey points outside the affected work area that reference and locate each
controlling survey monument that may be disturbed,
b) file a Corner Record or Record of Survey with the County Surveyor after setting
the survey points to be used for re-establishment of the disturbed controlling
survey monuments, and
c) file a Corner Record or Record of Survey with the County Surveyor after
reestablishment of the disturbed (permanent) controlling 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 Corner Record
or Record of Survey with the County Surveyor upon monument restoration.
Existing street centerline ties and property corner monuments are to be preserved. The
Contractor shall be responsible for the cost of restoring all survey ties and/or
monuments damaged by the Work.
2-9.2 Survey Service
Delete this section and replace with the following: The Contractor's California Licensed
Land Surveyor shall utilize/follow the existing City survey records used for the project
design to provide all construction survey services that are required to construct the
improvements. The design surveyor for this project is Coast Surveying, Inc. and can
be contacted at (714) 918-6266. At a minimum, two (2) sets of cut -sheets for all areas
shall be included in the bid price and copies of each set shall be provided to the City 48-
hours in advance of any work.
SECTION 3 - CHANGES IN WORK
3-3 EXTRA WORK
3-3.2 Payment
3-3.2.2 Basis for Establishing Cost
3-3.2.2.3 Tool and Equipment Rental
Tool and equipment rental rates shall be based on the current Caltrans rental rates.
Page SP 3 of 26
3-3.2.3 Markup
3-3.2.3.1 Work by the Contractor
Delete this section and replace with the following: The following percentages shall be
added to the Contractor's costs and shall constitute the markup for all overhead and
profit:
1) Labor ............................................ 15
2) Materials ....................................... 15
3) Equipment Rental ........................... 15
4) Other Items and Expenditures ........... 15
To the sum of the costs and markups provided in this subsection, one (1) percent may
be added as compensation for bonding.
3-3.2.3.2 Work by a Subcontractor
Delete this section and replace with the following: When all or any part of the extra work
is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be
applied by the Subcontractor to the actual costs and shall constitute the markup for all
overhead and profit. An additional markup of five (5) percent of the total subcontracted
cost may be added by the Contractor.
To the sum of the costs and markups provided in this subsection, one (1) percent may
be added as compensation for bonding.
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
4-1.3.1 General
All material and articles furnished by the Contractor shall be subject to rigid inspection,
and no material or article shall be used until it has been inspected and accepted by the
Engineer. The Contractor shall furnish the Engineer with 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.
Page SP 4 of 26
SECTION 5 - UTILITIES
5-1 LOCATION
5-1.1 General
The Contractor is responsible for, and shall at his or her expense, pothole all existing
utilities which may be affected by the work to verify points of connection and potential
conflicts. No segment of work shall begin until the Contractor has potholed and verified
points of connection and related connection material requirements, and coordinated the
final/existing layout of the laterals/pipeline with the Engineer, including adjustments due
to field conflicts with other utilities or structures above or below ground.
Within seven (7) calendar days after completion of the work or phase of work, the
Contractor shall remove all USA utility markings. Removal by sandblasting is not
allowed. Any surface damaged by the removal effort shall be repaired to its pre -
construction condition or better at the Contractor's expense.
5-2 PROTECTION
In the event that an existing pull box, meter box or any other utility box is damaged by
the Work and is not re -useable, the Contractor shall provide and install a new
replacement pull box, meter box or any other utility box of identical type and size at no
additional cost to the City.
5-4 RELOCATION
All City owned pull boxes, water meter boxes, water valve boxes, sewer cleanout boxes
and survey monument boxes (collectively known as "utility boxes") which are affected
by the Work shall be replaced to finish grade with new utility boxes.
The Contractor will adjust all water meter and valve boxes shown on the plans. The
Contractor will also coordinate with The Gas Company regarding any gas meter boxes
that need to be adjusted. The Contractor will be required to coordinate with and use ILB
(Ben Weaver 951-789-3249), to adjust any Southern California Edison (SCE),
Spectrum, AT&T and any other utility company handholes to finish grade. The
Contractor shall provide the necessary survey control for ILB to adjust the handholes
and/or vaults to the final grade. ILB will be required to coordinate with these companies
for inspection of the work. ILB shall verify that the horizontal location of the SCE,
Spectrum and AT&T Utility handholes are such that they are in uniform alignment from
the centerline. Contractor shall provide ILB an agreed amount of days to perform these
adjustments on all alleys. An Allowance of $200,000 ($150,000 for AD 113 and
$50,000 for AD 124 Phase 0) shall be provided in the Contractor's bid for ILB's services,
that will be accomplished on a time and materials basis.
Page SP 5 of 26
SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
6-1.1 Construction Schedule
No work shall begin until a Notice to Proceed has been issued, a pre -construction
meeting has been conducted, and a schedule of work has been approved by the
Engineer. The Contractor shall submit a baseline schedule to the Engineer for approval
a minimum of five working days prior to the pre -construction meeting.
The Engineer will review the baseline 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 baseline schedule, the Contractor shall be prohibited from starting
additional work until Contractor has exerted extra effort to meet the baseline schedule and
has demonstrated the ability to maintain the 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.
Contractor shall update the schedule periodically or as directed by the Engineer to reflect
any delay or extension of time. In addition, Contractor shall prepare 2-week look -ahead
schedules on a bi-weekly basis with detailed daily activities.
1. Contractor shall construct project in compliance with the construction
phasing plan provided in Appendix A or as approved by the City of
Newport Beach.
2. Sidewalks, curb and gutters and alley approaches shall be the first order of
work.
3. Each alley shall be completed and opened to the public within ten (10)
consecutive working days.
4. Marine Avenue work shown on the AD 124 Phase 0 plans must be done
at night (10 PM to 6 AM), one half of the street at a time.
6-7 TIME OF COMPLETION
6-7.1 General
The Contractor shall complete all work under the Contract 120 consecutive working
days after the date on the Notice to Proceed. The Contractor shall ensure the
availability and delivery of all material prior to the start of work. Unavailability of material
will not be sufficient reason to grant the Contractor an extension of time. Unless
otherwise approved by the Engineer, construction shall start within three (3) weeks from
the contract award date.
Page SP 6 of 26
Normal working hours are limited to 7:00 a.m. to 4:30 p.m., Monday through Friday.
The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work
site, storage sites, staging areas, etc., outside of the working hours.
Should the Contractor elect to work outside normal working hours, Contractor must first
obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30
p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays only. A request for working
outside the normal working hours must be made at least 72 hours in advance of the
desired time period. A separate request must be made for each work shift. The
Engineer reserves the right to deny any or all such requests. Additionally, the
Contractor shall pay for supplemental inspection costs of $146 per hour when such time
periods are approved.
The following days are designated City holidays and are non -working days:
1. January 1st (New Year's Day)
2. Third Monday in January (Martin Luther King Day)
3. Third Monday in February (President's Day)
4. Last Monday in May (Memorial Day)
5. July 4th (Independence Day)
6. First Monday in September (Labor Day)
7. November 11 th (Veterans Day)
8. Fourth Thursday and Friday in November (Thanksgiving and Friday after)
9. December 24th, (Christmas Eve)
10. December 25th (Christmas)
11. December 26th thru 30th (City Office Closure)
12. December 31 st (New Year's Eve)
If the holiday falls on a Sunday, the following Monday will be considered the holiday. If
the holiday falls on a Saturday, the Friday before will be considered the holiday.
6-8 COMPLETION, ACCEPTANCE, AND WARRANTY
Prior to acceptance of work, the Contractor shall submit a full-size set of plans to the
Engineer. Retention payment and bonds will not be released until the as -built plans are
reviewed and approved by the Engineer. A set of approved plans and specifications
shall be at the job site at all times. 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 payment is submitted. Any changes to the approved plans that have
been made with approval from the Engineer shall be documented on the as -built plans.
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.
Page SP7of26
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.
6-9 LIQUIDATED DAMAGES
For each consecutive calendar day after the time specified in Section 6-7.1 for
completion of the work, the Contractor shall pay to the City or have withheld from
moneys due it, the daily sum of $1,000.
In accordance with Section 6-1.1, the Contractor shall complete each phase within ten
(10) consecutive working days from the first day of demolition to the last day when the
street or alley is open to vehicular traffic. If any phase is not completed within the
allotted time, an additional liquidated damage of $1,000 will be assessed for each
consecutive calendar day until completion of the phase.
Execution of the Contract shall constitute agreement by the City and Contractor that the
above liquidated damages per calendar day is the minimum value of the costs and
actual damage caused by the failure of the Contractor to complete the Work within the
allotted time.
The intent of this section is to emphasize to the Contractor the importance of
prosecuting the work in an orderly preplanned continuous sequence so as to minimize
inconvenience to residences, businesses, vehicular and pedestrian traffic, and the
public as a result of construction operations.
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR
7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES
7-1.2 Temporary Utility Services
If the Contractor elects to use City water, Contractor shall arrange for a meter and
tender a $973.00 meter deposit with the City. Upon return of the meter to the City, the
deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a
charge for water usage and any repair charges for damage to the meter.
Water used during construction shall be paid for by the Contractor. This includes water
for flushing and pressure testing water lines, compaction, dust control, irrigation during
maintenance period for landscaping, etc.
City shall designate to the Contractor the location of the fire hydrant or other connection
acceptable for drawing of construction and temporary water. City reserves the right to
limit the location, times and rates of drawing such water.
7-2 LABOR
7-2.2 Prevailing Wages
Page SP8of26
In accordance with California Labor Code Section 1720.9, hauling and delivery of ready -
mixed concrete for public works contracts are subject to prevailing wages.
7-7 COOPERATION AND COLLATERAL WORK
City forces will perform all shut downs of water, sewer and storm drain facilities as
required. The Contractor shall provide the City advanced notice a minimum of seven
calendar days prior to the time contractor desires the shutdown these City facilities.
A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00
p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will
be allowed. The Contractor will be responsible for completing all water connections
within the time period allowed. The times and dates of any utility to be shut down must
be coordinated with the Engineer. It is the Contractor's responsibility to notify the
affected businesses and residents of the upcoming water shutdown with a form
provided by the Engineer at least 48 hours in advance of the water shut down.
7-8 WORK SITE MAINTENANCE
7-8.1 General
All vandalism, including graffiti, at the work site shall be removed by the Contractor
within 24 hours.
7-8.4 Storage of Equipment and Materials
7-8.4.2 Storage in Public Streets
Construction materials and equipment may only be stored in streets, roads, or sidewalk
areas if approved by the Engineer in advance. It is the Contractor's responsibility to
obtain an area for the storage of equipment and materials. The Contractor shall
obtain the Engineer's approval of a site for storage of equipment and materials prior to
arranging for or delivering equipment and materials to the site. Prior to move -in, the
Contractor shall take photos of the laydown area. The Contractor shall restore the
laydown area to its pre -construction condition. The Engineer may require new base and
pavement if the pavement condition has been compromised during construction.
7-8.6 Water Pollution Control
7-8.6.2 Best Management Practices (BMPs)
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.
Page SP9of26
c. Providing a controlled area for cleaning or rinse -down activities.
d. Monitoring construction activities.
e. Minimizing usage of water when saw -cutting and vacuum the residue.
f. Providing measures to capture or vacuum -up water contaminated with
construction debris.
g. Removing any construction related debris on a daily basis.
h. Protecting work areas from erosion.
The BMP will be approved by the Engineer prior to any work. The City will monitor the
adjacent storm drains and streets for compliance. Failure of the Contractor to follow
BMP will result in immediate cleanup by City and backcharging the Contractor for all
costs plus 15 percent. The Contractor may also receive a separate administrative
citation per Section 14.36.030 of the City's Municipal Code.
7-8.6.3 Storm Water Pollution Prevention Plan (SWPPP)
Contactor shall retain a Qualified SWPPP Developer (QSD) to prepare a SWPPP for
the project. The contractor shall implement and maintain the requirements of the
SWPPP, including all required BMPs during all phases of the work. The implementation
of the SWPPP shall be performed by a Qualified SWPPP Practitioner (QSP) to be
retained by the Contractor. SWPPP implementation shall be subject to inspection by
the City and any identified deficiencies shall be corrected by the Contractor at the
Contractor's expense.
The SWPPP shall be amended by the Contractor whenever there is a change in design,
construction, operation or maintenance which has a significant effect on the potential for
discharge of pollutants. The SWPPP shall also be amended by the Contractor if it
proves to be ineffective in significantly reducing pollutants from the construction site.
Each submittal shall include two (2) hard copies and one (1) Adobe Acrobat "pdf' copy.
The SWPPP must be kept at the construction site during construction and also be
available for review when requested by the Regional Water Quality Control Board
(RWQCB) or the City.
Contractor is not responsible for filing a Notice of Intent (NOI) for permit coverage or a
Notice of Termination (NOT) at project end. City will file the NOI and NOT through the
State Water Resources Control Board (SWRCB) SMARTS system.
The Contractor shall prepare and electronically submit all reports required by General
Permit (including the Annual Report) to the City throughout the duration of the project
for the City's review and submittal to the SWRCB SMARTS system. The Annual Report
shall be submitted no later than August 1st of each year and must include a summary
and evaluation of all sampling and analysis results, original laboratory reports, chain of
custody forms, a summary of all corrective actions taken during the compliance year,
and identification of any compliance activities or corrective actions that were not
implemented.
In the event the City incurs any administrative civil liability (fine) imposed by the
RWQCB as a result of Contractor's failure to fully implement the provisions of this
Page SP 10 of 26
section, the Engineer may withhold from payments otherwise due the Contractor a
sufficient amount to cover the fine.
7-10 SAFETY
7-10.3 Haul Routes
Haul routes shall be submitted to the Engineer for review and approval.
7-10.4 Safety
7-10.4.1 Work Site Safety
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. 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 Security and Protective Devices
7-10.5.3 Steel Plate Covers
Steel plates utilized for trenching shall be the slip resistant type per Caltrans standards
and type that minimizes noise (NO Welded bead type) In addition, steel plates on
asphalt pavement shall be pinned and recessed flush with existing pavement surface
when placed longer than one day. All trenching on street areas shall be base paved
daily or utilize steel plates as defined here in.
SECTION 9 - MEASUREMENT AND PAYMENT
9-2 LUMP SUM WORK
Contractor shall submit a detailed schedule of value for all lump sum bid items to the
Engineer within 15 days after award of contract.
9-3 PAYMENT
9-3.1 General
Revise paragraph two to read: The unit and lump sum bid prices 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
Page SP 11 of 26
included in the prices shown for the other related items of work. Contract will be
awarded based on the lowest base bid amount plus the additive alternate bid
items identified herein. The following items of work pertain to the bid items included
within the Proposal:
AD-113 AREA BASE BID ITEMS:
Item No. 1 Mobilization, Demobilization and Cleanup: Work under this item shall
include, but not be limited to, all labor, tools, equipment and material costs for providing
bonds, insurance and financing, preparing and implementing the BMP Plan, preparing
and updating construction schedules as requested by the Engineer, attending
construction progress meetings as needed, and all other related work as required by the
Contract Documents. This bid item shall also include work to demobilize from the
project site including but not limited to site cleanup, removal of USA markings and
providing any required documentation as noted in these Special Provisions.
Item No. 2 Traffic Control & Public Notifications: Work under this item shall
include, but not be limited to, all labor, tools, equipment and material costs for delivering
all required notifications and temporary parking permits, posting signs, covering
conflicting existing signs, and all costs incurred notifying businesses and residents,
providing the traffic control required by the project including, but not limited to, signs,
cones, barricades, flashing arrow boards, K-rails, temporary striping, and flag persons.
This item includes providing four (4) CMS and updating messages on the CMS as
requested by the Engineer. This item also includes furnishing all labor, tools, equipment
and materials necessary to comply with the W.A.T.C.H. Manual, latest edition, and City
requirements.
Item No. 3 SWPPP Preparation, Implementation and Monitoring: Work under
this item shall include, but not be limited to, all labor, tools, equipment and material
costs for retaining a QSD and QSP to develop, amend and implement the SWPPP.
Item No. 4 Construction Surveying: Work under this item shall include, but not be
limited to, all labor, tools, equipment and material costs of surveying, establishing
horizontal and vertical controls, providing construction staking, preliminary grades, final
grades, all horizontal alignment, as -built field notes, establishing centerline ties, and
other survey items as required to complete the work in place.
Item No. 5 Monument Preservation (Allowance): Work under this item shall
include, but not be limited to, all labor, tools, equipment and material costs of surveying
monuments, adjusting survey monuments, filing pre- and post -construction corner
records with the county, reestablishing property corners disturbed by the work,
preparing record of survey, protecting and restoring existing monuments and other
survey items as required to complete the work in place. Contractor shall be required to
use Coast Surveying for these services and shall include $74,000 in this bid item for
such.
Item No. 6 Provide As -Built Plans (Fixed): Work under this item shall include, but
not be limited to, all labor, tools, equipment and material costs for all actions necessary
Page SP 12 of 26
to provide as -built drawings. These drawings must be kept up to date and submitted to
the Engineer for review prior to request for payment. An amount of $10,000 is
established for this bid item. The intent of this pre-set amount is to emphasize to the
Contractor the importance of as -built drawings.
Item No. 7 Utility Handhole Adjustment (Allowance): Work under this item shall
include, but not be limited to, all labor, tools, equipment, and material costs for adjusting
to grade the SCE, Spectrum and AT&T handholes, aligning with center swale, and all
other work items as required to complete the work in place. Contractor shall include an
allowance of $150,000 for ILB to perform the services in this bid item.
Item No. 8 Remove Existing and Reconstruct 6-inch Thick Fiber Reinforced
PCC Pavement: Work under this item shall include, but not be limited to, removing,
and disposing of the existing alley or street pavement, base and sub -base, saw cutting,
disposing of excess material, grading, compaction, constructing 6-inch thick fiber
reinforced, Type III PCC alley/street pavement over compacted native per City of
Newport Beach STD-140 and STD-141, installing joint filler, doweling and joining
edges of the existing and proposed alley or street pavement, restoration of any private
improvements damaged during construction, and all other work necessary to complete
in place. Typical slot paving at AC pavement join location along private property lines
shall also be included under this bid item. All slot paving exceeding 1-foot in width due
to poor or raveled join connections, or that are noted on the plans for replacement shall
be paid for under separate bid item. All costs associated with grading existing dirt or
base at the edge of the alley (including removal and disposal of any existing headers
and regardless of grading width) shall also be included under this bid item and no
additional compensation will be allowed.
Item No. 9 Construct Crushed Miscellaneous Base: Work under this item shall
include, but not be limited to, all labor, tools, equipment and material costs for removing,
hauling and disposing conflicting existing material, grading and compacting the
subgrade, and placing and compacting the crushed miscellaneous base and all other
work items as required to complete the work in place.
Item No. 10 Remove and Reconstruct 6-inch Thick PCC Alley Approach: Work
under this item shall include, but not be limited to, all labor, tools, equipment and
material costs for removing existing alley approach, grading and compacting subgrade,
constructing 6-inch thick PCC alley approach over 4-inches of compacted crushed
miscellaneous base, doweling and joining the edges of the existing and proposed
alley approach, restoring all existing improvements damaged by the work, and all other
work items as required to complete the work in place.
Item No. 11 Remove and Reconstruct 4-inch Thick PCC Sidewalk: Work under
this item shall include, but not be limited to, all labor, tools, equipment and material
costs for removing and disposing the existing sidewalk, grading and compacting
subgrade, constructing concrete sidewalk, installing expansion joint material,
constructing weakened plane joints, restoring all existing improvements damaged by the
work, and all other work items as required to complete the work in place.
Page SP 13 of 26
Item No. 12 Remove Existing and Construct 6-inch Thick Fiber Reinforced PCC
Patchback: Work under this item shall include, but not be limited to, identifying the
limits of and removing and disposing of the existing private improvements/pavement,
base and sub base, saw cutting, disposing of excess material, grading, doweling and
joining the edges of existing and proposed alley, compaction, constructing 6-inch thick
fiber reinforced Type III PCC pavement over compacted native ground per City of
Newport Beach STD-140 and STD-141, installing joint filler, restoration and cleaning of
any private improvements damaged during construction, and all other work necessary
to complete work in place.
Item No. 13 Remove Existing and Construct 6-inch Thick Fiber Reinforced PCC
Patchback with Brick Banding: Work under this item shall include, but not be limited
to, identifying the limits of and removing and disposing of the existing private
improvements/pavement, base and sub base, saw cutting, disposing of excess material,
grading, doweling and joining the edges of existing and proposed alley, compaction,
constructing 6-inch thick fiber reinforced Type III PCC pavement with brick banding over
compacted native ground per City of Newport Beach STD-140 and STD-141, installing
joint filler, restoration and cleaning of any private improvements damaged during
construction, and all other work necessary to complete work in place.
Item No. 14 Remove and Reconstruct Type "A" PCC Curb and Gutter : Work
under this item shall include, but not be limited to, all labor, tools, equipment and
material costs for removing and disposing the existing concrete curb and gutter, grading
and compacting subgrade, reconstructing existing curb openings and curb drains,
constructing concrete curb and gutter, constructing asphalt concrete slot paving
adjacent to the curb and gutter, re -chiseling the curb face for existing underground
utilities, restoring all existing improvements damaged by the work, and all other work
items as required to complete the work in place.
Item No. 15 Remove Existing and Install New 1-inch Water Meter Box and
Cover to Grade: Work under this item shall include, but not be limited to, removing, and
replacing existing water meter boxes by providing a new 1-inch water meter box and lid
and adjusting to the final grade, and all other work items as required to complete the
work in place.
Item No. 16 Remove Existing and Install New 2-inch Water Meter Box and
Cover to Grade: Work under this item shall include, but not be limited to, removing, and
replacing existing water meter boxes by providing a new 2-inch water meter box and lid
and adjusting to the final grade, and all other work items as required to complete the
work in place.
Item No. 17 Remove and Install New Water Valve Box and Cover to Grade:
Work under this item shall include, but not be limited to, all labor, tools, equipment and
material costs for removing and disposing the existing water valve box and cover,
temporarily lowering and installing slip cans over the valve to maintain access at all
times and to facilitate paving operation, furnishing and installing a new water valve box
and cover to grade, restoring all existing improvements damaged by the work, and all
other work items as required to complete the work in place.
Page SP 14 of 26
Item No. 18 Remove and Install New Sewer Cleanout Box and Cover to Grade:
Work under this item shall include, but not be limited to, all labor, tools, equipment and
material costs for removing and disposing the existing sewer cleanout box and cover,
temporarily lowering and/or covering the sewer cleanout to facilitate paving operation,
furnishing and installing a new sewer cleanout box and cover to grade, restoring all
existing improvements damaged by the work, and all other work items as required to
complete the work in place.
Item No. 19 Remove and Install New Sewer Manhole Frame and Cover and
Rings to Grade: Work under this item shall include, but not be limited to, all labor,
tools, equipment and material costs for removing the existing manhole frame and cover,
temporarily lowering and/or covering the manhole to facilitate paving operation,
reinstalling existing manhole frame and cover to grade, restoring all existing
improvements damaged by the work, and all other work items as required to complete
the work in place.
Item No. 20 Remove Existing and Install 2-foot Wide by 1-foot Deep Full Depth
AC: Work under this item shall include, but be limited to, removing and disposing the
existing asphalt concrete, base and subgrade, installing full depth AC, restoring all
existing improvements damaged by the work, and all other work items as required to
complete the work in place.
Item No. 21 Signing and Striping: Work under this item shall include, but not be
limited to, all labor, tools, equipment and material costs for removing existing pavement
striping and markers, removing or relocating street signs and posts, installing temporary
and permanent pavement striping, markings and markers, installing street signs and
posts, restoring all existing improvements damaged by the work, and all other work
items as required to complete the work in place.
Item No. 22 Remove and Replace Trench Drain: Work under this item shall
include, but not be limited to, all labor, tools, equipment and material costs for removing
existing trench drains, furnishing and installing new trench drains in kind, restoring all
existing improvements damaged by the work, and all other work items as required to
complete the work in place.
ADDITIVE ALTERNATE (AD 124 Phase 0)
Item No. 23 Remove and Construct 6-inch Thick Type III PCC Alley: Work
under this item shall include, but not be limited to, removing, and disposing of the
existing alley or street pavement, base and sub -base, saw cutting, disposing of excess
material, grading, compaction, constructing 6-inch thick Type III PCC alley/street
pavement over compacted native per City of Newport Beach STD-140 and STD-141,
installing joint filler, doweling and joining edges of the existing and proposed alley or
street pavement, restoration of any private improvements damaged during
construction, and all other work necessary to complete in place. Typical slot paving at
AC pavement join location along private property lines shall also be included under this
bid item. All slot paving exceeding 1-foot in width due to poor or raveled join
Page SP 15 of 26
connections, or that are noted on the plans for replacement shall be paid for under
separate bid item. All costs associated with grading existing dirt or base at the edge of
the alley (including removal and disposal of any existing headers and regardless of
grading width) shall also be included under this bid item and no additional
compensation will be allowed.
Item No. 24 Remove and Construct 6-inch Thick PCC Alley Approach: Work
under this item shall include, but not be limited to, all labor, tools, equipment and
material costs for removing existing alley approach, grading and compacting subgrade,
constructing 6-inch thick PCC alley approach (including the 2' gutter) over 4 inches of
compacted crushed miscellaneous base, doweling and joining the edges of the
existing and proposed alley approach, restoring all existing improvements damaged by
the work, and all other work items as required to complete the work in place. Limits of
payment for the alley approach shall include all flatwork contained withing the alley
approach radius or ramping as well as the concrete included in the vehicular path. Bid
item is also to include re-finishing/painting the base of existing retaining wall footings
which may be exposed in the final condition due to grade changes. Sidewalk panels
removed and replaced beyond the limits of the alley approach radius/ramp shall be paid
for as part of a separate bid item.
Item No. 25 Remove and Reconstruct 8-inch Thick Concrete Pavement: Work
under this item shall include, but not be limited to, all labor, tools, equipment and
material costs for removing, hauling and disposing existing concrete or asphalt concrete
pavement, grading and compacting subgrade, checking and setting grade of the
proposed crown to match existing and proposed improvements, doweling, constructing
concrete pavement, sawcutting, restoring all existing improvements damaged by the
work, and all other work items as required to complete the work in place.
Item No. 26 Remove and Replace Existing Water Meter Box or Water Valve and
Cover to Grade: Work under this item shall include, but not be limited to, replacing
existing water meter boxes or water valves and covers to the final grade, and all other
work items as required to complete the work in place. Contractor to contact City of
Newport Beach Utilities Department at 949-644-3011 prior to adjustment so that the
Utilities Dept disconnects antennas and wires prior to adjustment.
Item No. 27 Remove and Replace Existing Sewer Cleanout Box and Cover to
Grade: Work under this item shall include, but not be limited to, all labor, tools,
equipment and material costs for replacing existing sewer cleanout box and cover to the
final grade per CNB STD-406, restoring all existing improvements damaged by the
work, and all other work items as required to complete the work in place.
Item No. 28 Adjust Existing Sewer Manhole Frame and Cover and Rings to
Grade: Work under this item shall include, but not be limited to, all labor, tools,
equipment and material costs for removing the existing manhole frame and cover,
temporarily lowering and/or covering the manhole to facilitate paving operation,
reinstalling existing manhole frame and cover to grade, restoring all existing
improvements damaged by the work, and all other work items as required to complete
the work in place.
Page SP 16 of 26
Item No. 29 Remove and Replace Curb and Gutter: Work under this item shall
include, but not be limited to, all labor, tools, equipment and material costs for removing
existing curb and gutter, grading and compacting subgrade, constructing new curb and
gutter (curb height and gutter width to match existing) over 4 inches of compacted
crushed miscellaneous base, restoring all existing improvements damaged by the work,
and all other work items as required to complete the work in place. Limits of curb and
gutter included within driveway or alley approaches shall be paid for as part of the noted
items and not included in the curb and gutter quantities.
Item No. 30 Remove and Reconstruct 4-inch Thick Concrete Sidewalk: Work
under this item shall include, but not be limited to, all labor, tools, equipment and
material costs for removing and disposing the existing sidewalk, grading and
compacting subgrade, constructing concrete sidewalk, installing expansion joint
material, constructing weakened plane joints, restoring all existing improvements
damaged by the work, and all other work items as required to complete the work in
place. This item shall only apply to sidewalk panels identified outside of the limits of
alley approach construction.
Item No. 31 Utility Handhole Adjustment (ALLOWANCE): Work under this item
shall include, but not be limited to, all labor, tools, equipment and material costs for
adjusting to grade the SCE, Spectrum and AT&T handholes, aligning with center swale,
and all other work items as required to complete the work in place. Contractor shall
utilize ILB to adjust these handholes. Contractor shall include an allowance of $50,000
for ILB services in this bid item.
Item No. 32 Monument Preservation (ALLOWANCE): Work under this item shall
include, but not be limited to, all labor, tools, equipment and material costs of surveying
monuments, adjusting survey monuments, filing pre- and post -construction corner
records with the county, reestablishing property corners disturbed by the work,
preparing record of survey, protecting and restoring existing monuments and other
survey items as required to complete the work in place Contractor shall be required to
use Coast Surveying for these services and shall include $10,510 in this bid item for
such.
Item No. 33 Construction Surveying: Work under this item shall include, but not
be limited to, all labor, tools, equipment and material costs of surveying, establishing
horizontal and vertical controls, providing construction staking, preliminary grades, final
grades, all horizontal alignment, as -built field notes, establishing centerline ties, and
other survey items as required to complete the work in place.
9-3.2 Partial and Final Payment.
From each progress payment, five (5) percent will be retained by the City, and the
remainder less the amount of all previous payments will be paid.
Page SP 17 of 26
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 200 — ROCK MATERIALS
200-2 UNTREATED BASE MATERIALS
200-2.1 General
Crushed Miscellaneous Base (CMB) shall be used as the untreated base material.
SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS
201-1 PORTLAND CEMENT CONCRETE
201-1.1 Requirements
201-1.1.2 Concrete Specified by Class and Alternate Class
Portland Cement Concrete shall be Class 660-C-4000P, Grade C pump mix per
Table 201-1.3.2(A) of the Standard Specifications for Public Works Construction. In
addition, Portland Cement Concrete with Type III Fiber Reinforcement shall be used
for alley and street pavement. Contractor shall use minimum 4-inch hard rock pump.
Contractor shall provide the concrete mix, and submittal required for pump capable
of pumping required distances with 1 inch rock concrete for the Engineer's approval.
A high early mix must be used for the Marine Avenue work shown on the AD 124
Phase 0 plans.
201-2 REINFORCEMENT FOR CONCRETE
201-2.2 Steel Reinforcement
201-2.2.1 Reinforcing Steel
Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2-inch
minimum cover unless shown otherwise on the plans.
SECTION 203 — BITUMINOUS MATERIALS
203-6 ASPHALT CONCRETE
203-6.5 Type III Asphalt Concrete Mixtures
Page SP 18 of 26
Asphalt concrete finish course and leveling course shall be Type III-C3-PG 64-10 (20%
max RAP). Asphalt concrete base course shall be Type III-132-PG 64-10 (20% max
RAP).
SECTION 214 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND
PAVEMENT MARKERS
214-4 PAINT FOR STRIPING AND MARKINGS
214-4.1 General
Temporary striping shall be Rapid Dry paint. Final striping shall be reflectorized
thermoplastic.
Add Section 215 — TRAFFIC SIGNS
SECTION 215 - TRAFFIC SIGNS
Signs shall be standard size per the California MUTCD unless otherwise shown.
Retroreflective sheeting shall be Type 4 or greater. Sign shall be made of aluminum
(0.08-inch thickness).
New sign posts shall be 14 gauge 2 inch square (OD) unistrut installed into a 12 gauge
2 % inch unistrut (OD) base.
Sign mounting hardware and brackets shall be stainless steel. Unless otherwise
specified, mounting hardware shall be 5/16"-18.
PART 3 - CONSTRUCTION METHODS
SECTION 300 - EARTHWORK
300-1 CLEARING AND GRUBBING
300-1.3 Removal and Disposal of Materials
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
found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and
then selecting the link for Franchised Haulers List.
300-1.3.1 General
The Contractor shall maintain the job site in a clean and safe condition. The Contractor
shall remove any broken concrete, debris or other deleterious material from the job site
at the end of each workday or as directed by the Engineer. All areas of roadway
Page SP 19 of 26
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.
Non -reinforced concrete and asphalt wastes generated from the job site shall be
disposed of at a facility that crushes such materials for reuse. Excess soil and other
recyclable solid wastes shall not be disposed of at a sanitary landfill.
The Contractor shall maintain monthly tonnage records of total solid wastes generated
and solid wastes disposed of at a sanitary landfill. The Contractor shall report said
tonnage monthly to the Engineer and provide appropriate confirmation documentation
from the recycling facility. All material disposal manifests shall be provided to the
Engineer prior to release of final retention.
The Contractor shall dispose of all excess or waste material and shall include all fees
for such disposal in the appropriate bid items.
300-1.3.2 Requirements
(c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveway, and Alley
Intersections. Concrete shall be removed from existing joint to existing joint.
Alternatively, with prior approval from the Engineer, existing concrete may be neatly
sawed to form straight edges to join proposed concrete improvements. Saw cuts on
concrete surfaces shall be a minimum of two (2) inches deep. Saw cuts on asphalt
pavement shall be full depth. Final removal between the sawcut lines may be
accomplished using jackhammers or sledgehammers. Pavement breakers or stompers
will not be permitted on the job. The Engineer must approve final removal accomplished
by other means.
SECTION 302 - ROADWAY SURFACING
302-5 ASPHALT CONCRETE PAVEMENT
302-5.1 General
All cracks '/4-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 layer of asphalt concrete (finish course) shall be placed in a separate lift.
Longitudinal joints between two passes of asphalt concrete shall be along a lane line.
Holes, spalls, and cracks greater than 1/4-inch in width shall be filled and compacted to
95% minimum. The pavement shall then be cleaned with a power broom.
302-5.4 Tack Coat
Tack coat shall be trackless.
Page SP 20 of 26
302-5.8 Manholes (and Other Structures)
All manholes, water valve boxes, and utility boxes shall be temporarily lowered prior to
pavement cold milling. Upon completion of asphalt concrete finish course, the top of
manholes, water valve boxes, and utility boxes shall be adjusted to grade to meet the
smoothness requirement as specified in 302-5.6.2.
302-6 PORTLAND CEMENT CONCRETE PAVEMENT
302-6.7 Traffic and Use Provisions
The Contractor shall not allow vehicular traffic on new concrete until the concrete has
attained a minimum compressive strength of 3000 psi. High early strength concrete
may be attained to meet the time constraints by using additional portland cement or
chemical admixtures in accordance with Section 201-1 and with prior approval of the
Engineer. The cost of high early strength concrete shall be included in the unit prices
for all concrete bid items.
SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION
303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY
INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS
303-5.1 Requirements
303-5.1.1 General
Sidewalks 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 asphalt concrete patch back shall be placed within 72
hours following concrete placement.
Contractor shall provide field survey elevations twenty (20) feet on either side of the
proposed concrete improvements along the flowline to confirm positive drainage. If
positive drainage is not attainable, Contractor shall notify the Engineer prior to
completing the concrete improvements.
Concrete replacement shall extend from existing joint to existing joint.
303-5.4 Joints
303-5.4.1 General
The Contractor shall sawcut parallel to the centerline of the alley, 2 feet along each side
of centerline, over the entire length of the alley. The Contractor may also sawcut the
property lines, adjacent to the alley, in lieu of scoring the pavement along the property
lines or constructing an edged cold joint. All sawcuts shall be made to a depth of 2
inches.
Page SP 21 of 26
The Contractor shall be required to use a "green saw" to saw the initial control joint
(longitudinal and transverse) in the concrete on the same day as placement.
303-5.5 Finishing
303-5.5.2 Curb
The Contractor shall repaint any red curb that is damaged or removed. The curb shall
be repainted to match the original red curb lengths." Red Paint shall be "Red Fast Dry",
Product Code 181 manufactured by American Traffic Products, Inc. or approved equal.
Paint can be purchased by contacting Scott Givens, Roadline Products, 562-404-8889.
The Contractor shall repaint any blue curb that is damaged or removed. The curb shall
be repainted to match the original blue curb lengths.
Curb marking shall be reinstalled within 48 hours from re -pouring of concrete curbs.
Contractor shall place Temporary No Parking ANYTIME signs on barricades where red
curb marking has been removed and maintain the signs until the curb marking has been
replaced.
303-5.5.4 Gutter
The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations
shown on the plan.
SECTION 314 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND
PAVEMENT MARKERS
314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS
314-2.1 General
The Contractor shall remove all existing traffic striping and pavement markings by
grinding. Other methods such as sandblasting will not be allowed. Temporary painted
striping shall be placed within 24 hours of removal.
314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT
MARKINGS
314-4.1 General
Temporary painted traffic striping and markings shall be lane marking paint applied at
15 mil in one coat, as soon as possible and within 24 hours after the level course, finish
course or slurry seal has been placed. The width of the temporary lane line stripes shall
be one-half the width of the permanent final stripes. Temporary crosswalks and stop
bars stripes shall be full width and shall be placed prior to opening the street to traffic.
Page SP 22 of 26
Tabs and/or "cat -tracking" stripes shall also be placed prior to opening the street to
traffic. Tabs and/or "cat -tracking" will not be accepted as temporary striping.
314-4.2 Control of Alignment and Layout
314-4.2.1 General
The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be
responsible for the completeness and accuracy of all layout alignment and spotting.
Traffic striping shall not vary more than 1 /2 inch in 40 feet from the alignment shown on
the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and
pavement markings within 24 hours after the removal or covering of existing striping or
markings. No street shall be without proper striping over a weekend or holiday. Stop bars
and crosswalks shall not remain unpainted overnight.
314-4.4 Thermoplastic Traffic Striping and Pavement Markings
314-4.4.1 General
The final reflectorized thermoplastic striping shall not be applied until the finish course
pavement or slurry seal has been in place for at least 10 days but no later than 15 days.
The thermoplastic shall be applied at 1.5 mm (60 mil) to 2.0 mm (80 mil) thickness for
all striping except crosswalks and limit lines which shall be 2.5 mm (100 mil) to 3.0 mm
(120 mil) thickness. Striping shall be applied by extrusion method. Sprayable
thermoplastic striping shall not be allowed.
If the Contractor fails to perform striping as specified herein, the Contractor shall cease
all contract work until the striping has been properly performed. Such termination of
work shall require the Contractor to re -install "NO PARKING, TOW -AWAY" signs and
re -notify the affected residents, at the Contractor's sole expense. In addition, if the
Contractor removes/covers/damages existing striping and/or raised pavement markers
outside of the work area, he shall re-stripe/replace such work items at no cost to the
City.
314-4.4.2 Surface Preparation
Primer shall be applied to concrete surfaces prior to application of thermoplastic
striping. The primer shall be formulated for the intended application. The concrete
surface shall be roughened along the thermoplastic striping. The width of the roughened
concrete surface shall match the width of the striping.
PART 6 - TEMPORARY TRAFFIC CONTROL
600-1 GENERAL
SECTION 600 -ACCESS
Page SP 23 of 26
Ten (10) working days prior to starting work, the Contractor shall distribute construction
notices to residents within 500 feet of the project, describing the project and indicating
the limits of construction. The City will provide the notices.
Forty-eight (48) 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 notices when construction operations will start for
each block or street. 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. The Contractor shall complete and
distribute the notices. Errors in distribution, false starts, acts of God, strikes or other
alterations of the schedule will require Contractor re -notification using an explanatory
letter furnished by the City.
600-2 VEHICULAR ACCESS
The Contractor shall install and maintain in place "NO PARKING -TOW AWAY" signs
(even if streets have posted "NO PARKING" signs) which shall be posted at least forty-
eight hours in advance of the need for enforcement. The signs will be provided by the
City at no cost to the Contractor. However, the City reserves the right to charge $2.00
per sign following any excessive abuse or wastage of the signs by the Contractor. In
addition, it shall be the Contractor's responsibility to notify the City's Police Department
at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the
need for enforcement. City "Temporary Tow -Away, No Parking" signs are available at
the Public Works Department public counter.
The Contractor shall print the hours and dates of parking restriction on the "NO
PARKING -TOW AWAY" sign in 2-inch high non -erase letters and numbers. A sample
of the completed sign shall be reviewed and approved by the Engineer prior to posting.
After posting temporary "NO -PARKING -TOW AWAY" signs, the Contractor shall cover
street sweeping signs and parking meters, on those streets adjacent to the construction
with a "PERMIT PARKING ONLY" sign, in a manner approved by the Engineer. The
contractor shall also cover all street sweeping signs on the opposite side of the street
from where he has posted the "PERMIT PARKING ONLY" signs, in a manner approved
by the Engineer. Immediately after construction is complete and the alley is opened to
traffic, the Contractor shall remove all signs and uncover the street sweeping signs.
City "PERMIT PARKING ONLY" signs are available from the Engineer.
In addition to the 10-day and 48-hour notices described above, the Contractor shall
hand out two temporary parking permits to each residence adjacent to the alley
construction. Temporary parking permits shall be filled out and signed by the Engineer
and valid during the period of construction of the adjacent alley only.
600-3 PEDESTRIAN ACCESS
Page SP 24 of 26
Pedestrian access to all residences, etc., within the limits of work must be maintained at
all times. The Contractor shall cooperate with the Engineer to provide advance notice
to all establishments whose access will be impacted by construction operations,
particularly sidewalk construction.
SECTION 601 — WORK AREA TRAFFIC CONTROL
601-1 GENERAL
The Contractor shall furnish and install signage, barricades, delineators, yellow safety
ribbons, changeable message signs (CMS), 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. Messages for the CMS shall be updated by
the Contractor as directed by the Engineer.
601-2 TRAFFIC CONTROL PLAN (TCP)
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
(W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following
items:
1. Emergency vehicle access shall be maintained at all times.
2. The locations and wordings of all barricades, signs, delineators, lights, warning
devices, parking restrictions, and any other required details shall ensure that all
pedestrian and vehicular traffic will be handled in a safe manner with a minimum
of inconvenience to the public.
3. All advanced warning sign installations shall be reflectorized and/or lighted.
4. The Contractor shall accommodate the City's trash collection. If the
Contractor elects to work on a street or alley during its trash collection day, it
shall be the Contractor's responsibility to make alternative trash collection
arrangements by contacting the City's Refuse Superintendent, at (949) 718-
3466 and all affected property owners. On trash collection days, the refuse
company will start trash collection for alleys under construction at 7:00 AM.
5. The Contractor shall make special accommodations to provide access for
residents with disabilities in the closed alleys and streets.
6. Sidewalk closures shall be set with barricades and SIDEWALK CLOSED
signs on barricades and DETOUR signs as necessary at the closure.
7. The Contractor shall take special precautions to protect all underground
utilities in the alleys from heavy vehicular loads, especially once the existing
Page SP 25 of 26
surface is removed. Concrete shall be placed by pumping from adjacent
streets.
8. Alleys can be closed to thru traffic, but pedestrian access shall be maintained
to garages at all times except when excavating immediately adjacent to them.
When excavation is immediately adjacent to garages, pedestrian access shall
be restored at the end of each work week unless otherwise approved by the
City.
Page SP 26 of 26
City of Newport Beach
Alley Restoration (AD-113 Area) (7979-3). bidding on 07/30/2024 10:00 AM (PDT)
Page 3 of 4
Printed 07/3012024
Line Items
Discount Terms No Discount
Item # Item Code Type
Item Description
AD-113
1
Mobilization, Demobilization and Cleanup
2
Traffic Control 8 Public Notifications
3
SWPPP Preparation, Implementation and Monitoring
4
Construction Surveying
5
Monument Preservation (Allowance)
6
Provide As -Built Plans (Fixed)
7
Utility Handhole Adjustment (Allowance)
8
Remove Existing and Reconstruct 6-Inch Thick Fiber Reinforced FCC Pavement
9
Construct Crushed Miscellaneous Base
10
Remove and Reconstruct 6-inch Thick PCC Alley Approach
11
Remove and Reconstruct 4-Inch Thick PCC Sidewalk
12
Remove Existing and Construct 6-inch Thick Fiber Reinforced PCC Patchback
13
Remove Existing and Construct 6-Inch Thick Fiber Reinforced PCC Patchback With Brick Banding
14
Remove and Reconstruct Type "A" PCC Curb and Gutter
15
Remove Existing and Install New 1-inch Water Meter Box and Cover to Grade
16
Remove Existing and Install New 2-Inch Water Meter Box and Cover to Grade
17
Remove Existing and Install New Water Valve Box and Cover to Grade
18
Remove Existing and Install New Sewer Cleanout Box and Cover to Grade
19
Remove and Install New Sewer Manhole Frame and Cover and Rings to Grade
20
Remove Existing and Install 2-foot Wide by 1-foot Deep Full Depth AC
21
Signing and Striping
22
Remove and Replace Trench Drain
AD 124 Phase 0
23
Remove and Construct 6-Inch Thick Type III PCC
24
Remove and Construct 6-Inch Thick PCC Alley Approach
25
Remove and Reconstruct 8-Inch PCC Street Pavement
26
Remove and Replace Existing Water Meter Box or Water Valve and Cover to Grade
27
Remove and Replace Existing Sewer Cleanout Box and Cover to Grade
28
Adjust Existing Sewer Manhole Frame and Cover and Rings to Grade
29
Remove and Replace Curb 8 Gutter
30
Remove and Reconstruct 4-Inch Thick Concrete Sidewalk
31
Utility Handhole Adjustment (ALLOWANCE)
32
Monument Preservation (ALLOWANCE)
33
Construction Surveying
UOM
QTY
Unit Price
Line Total
Response Comment
$2,788,208.00
LS
1
$111,031.00
$111,031.00
Yes
LS
1
570,000.00
$70,000.00
Yes
LS
1
$35,000.00
$35,000.00
Yes
LS
1
S32,000.00
$32,000-00
Yes
LS
1
$74.000.00
574,000.00
Yes
LS
1
$10,000.00
S10,000.00
Yes
LS
1
$150,000.00
$150,000.00
Yes
SF
51414
$32.00
$1,645,248.00
Yes
TON
297
$90.00
526,730.00
Yes
SF
585
$30.00
$17,550.00
Yes
SF
94
$12.00
$1.128.00
Yes
SF
403
$32.00
$12,896.00
Yes
SF
30
540.00
51,200.00
Yes
LF
5
$75.00
S375.00
Yes
EA
208
$700.00
S145,600.00
Yes
EA
4
$700.00
$2,800.00
Yes
EA
29
$650.00
518,850.00
Yes
EA
104
$650.00
$67,600.00
Yes
FA
17
$1,100.00
$18,700.00
Yes
TON
640
$400.00
$256,000.00
Yes
LS
1
$7,500.00
$7,500.00
Yes
LF
336
$250.00
$84,000.00
Yes
$985,792.00
SF
16400
$27.00
$442,800.00
Yes
SF
1620
527.00
$43,740.00
Yes
SF
12300
$30.00
$369,000.00
Yes
EA
75
5500.00
$37,500.00
Yes
EA
12
$500.00
$6,000.00
Yes
EA
7
5750.00
$5,250.00
Yes
LF
102
$80,00
$8,160.00
Yes
SF
236
$12.00
$2,832.00
Yes
LS
1
$50,000.00
$50,000.00
Yes
LS
1
$10,510.00
$10,510.00
Yes
LS
1
$10,000,00
$10,000.00
Yes
Plan nGids
City of Newport Beach
Alley Restoration (AD-1 13 Area) (7979-3), bidding on 07P3W2024 10:00 AM (PDT)
Page 4 of 4
Printed 07/30/2024
Line Item Subtotals
Section Title
AD-113
AD 124 Phase 0
Grand Total
Line Total
$2,788,208.00
$985,792.00
$3,774,000.00
City of Newport Beach
ALLEY RESTORATION (AD-113 AREA)
Contract No. 7979-3
DESIGNATION OF SUBCONTRACTOR(S) - AFFIDAVIT
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 subcontractors as listed in the
Bidder's electronic bid 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. Bidders must also include
DIR registration numbers for each subcontractor.
Grigolla & Sons Cons► Co. INC.
Bidder
M
- ----- �oY�. �c"
Authorized gna r Title
ALLEY RESTORATION
(ASSESSMENT DISTRICT 113 AREA)
CONTRACT NO. 7979-3
THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 27th day
of August, 2024 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and GRIGOLLA & SONS
CONSTRUCTION CO., INC., a California corporation ("Contractor"), whose address is
627 West Allen Avenue, San Dimas, CA 91773, and is made with reference to the
following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City has advertised for bids for the following described public work: The work
necessary for the completion of this contract consists of, but is not limited to, (1)
distributing notices to affected residents; (2) traffic control; (3) construction
surveying; (4) removing existing asphalt or concrete streets/alleys, alley
approaches, sidewalks, curb and gutter, and driveways; (5) constructing new
concrete streets/alleys, alley approaches, sidewalks, curb and gutter and
driveways; (6) adjusting and/or installing new City utilities to grade; (7) installing
new traffic striping; (8) coordinating with subcontractors to adjust utility facilities
raised to grade; (9) removing existing hardscaping and pavement as needed for
contract work; and (10) other incidental items to be completed in work places
required by the Contract Documents. All construction for the work shall reference
these Special Provisions, the Standard Specifications, and all Contract related
documents (collectively, the "Project" or "Work").
C. 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, it is mutually agreed by and between the undersigned parties
as follows:
1. CONTRACT DOCUMENTS
The complete Contract for the Project includes all of the following documents:
Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion
Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A),
Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and
Standard Drawings, Plans and Special Provisions for Contract No. 7979-3, Standard
Specifications for Public Works Construction (current adopted edition and all
supplements), and this Contract, and all modifications and amendments thereto
(collectively the "Contract Documents"), all of which are incorporated herein by reference.
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.
2. 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.
3. COMPENSATION
3.1 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 Million Seven Hundred Seventy Four Thousand
Dollars ($3,774,000.00).
3.2 This compensation includes:
3.2.1 Any loss or damage arising from the nature of the Work;
3.2.2 Any loss or damage arising from any unforeseen difficulties or
obstructions in the performance of the Work; and
3.2.3 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, including tsunamis, and
which loss or expense occurs prior to acceptance of the Work by City.
4. PROJECT MANAGER
Contractor shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable times during
the term of the Contract. Contractor has designated David L. Grigolla to be its Project
Manager. Contractor shall not remove or reassign the Project Manager without the prior
written consent of City. City's approval shall not be unreasonably withheld.
5. ADMINISTRATION
This Contract shall be administered by the Public Works Department. City's Public Works
Director, or designee, shall be the Project Administrator and shall have the authority to
Grigolla & Sons Construction Co., Inc. Page 2
act for City under this Contract. The Project Administrator or designee shall represent
City in all matters pertaining to the Work to be rendered pursuant to this Contract.
6. NOTICE OF CLAIMS
6.1 Unless a shorter time is specified elsewhere in this Contract, before making
its final request for payment under the Contract Documents, Contractor shall submit to
City, in writing, all claims for compensation under or arising out of this Contract.
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Contract except those previously made in writing
and identified by Contractor in writing as unsettled at the time of its final request for
payment. The Contractor and City expressly agree that in addition to all claims filing
requirements set forth in the Contract and Contract Documents, Contractor shall be
required to file any claim Contractor may have against City in strict conformance with the
Government Claims Act (Government Code 900 et seq.).
6.2 To the extent that Contractor's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Contractor to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined
in Public Contract Code section 9204 or any successor statute thereto, Contractor shall
be required to file such claim with the City in strict conformance with the Government
Claims Act (Government Code sections 900 et seq.).
7. WRITTEN NOTICE
7.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Contract shall be given in writing, and
conclusively shall be deemed served when delivered personally, or on the third business
day after the deposit thereof in the United States mail, postage prepaid, first-class mail,
addressed as hereinafter provided.
7.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attention: Director of Public Works
City of Newport Beach
Public Works Department
100 Civic Center Drive
Newport Beach, CA 92660
7.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Grigolla & Sons Construction Co., Inc. Page 3
Attention: David L. Grigolla
Grigolla & Sons Construction Co., Inc.
627 West Allen Avenue
San Dimas, CA 91773
8. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor
nor its employees are to be considered employees of City. The manner and means of
conducting the Work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the express terms of this Contract. No civil
service status or other right of employment shall accrue to Contractor or its employees.
Contractor shall have the responsibility for and control over the means of performing the
Work, provided that Contractor is in compliance with the terms of this Contract. Anything
in this Contract that may appear to give City the right to direct Contractor as to the details
of the performance or to exercise a measure of control over Contractor shall mean only
that Contractor shall follow the desires of City with respect to the results of the Work.
9. BONDING
9.1 Contractor shall obtain, provide and maintain at its own expense during the
term of this Contract both of the following: (1) a Faithful Performance Bond in the amount
of one hundred percent (100%) of the total amount to be paid Contractor as set forth in
this Contract in the form attached as Exhibit B and incorporated herein by reference; and
(2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%)
of the total amount to be paid Contractor as set forth in this Contract and in the form
attached as Exhibit A and incorporated herein by reference.
9.2 The Faithful Performance Bond and Labor and Materials Payment 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, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a 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.
9.3 Contractor shall deliver, concurrently with execution of this Contract, the
Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy
of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance
Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the
State of California.
10. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Contractor on the Project.
Grigolla & Sons Construction Co., Inc. Page 4
11. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
12. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Contract or for other periods as specified in the Contract Documents, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Contract, the services to be provided
under this Contract shall not be assigned, transferred contracted or subcontracted out
without the prior written approval of City. Any of the following shall be construed as an
assignment: The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Contractor, or of the interest of any general partner or joint
venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture
or syndicate or co -tenancy, which shall result in changing the control of Contractor.
Control means fifty percent (50%) or more of the voting power or twenty-five percent
(25%) or more of the assets of the corporation, partnership or joint -venture.
14. PREVAILING WAGES
In accordance with the California Labor Code (Sections 1770 et seq.), the Director
of Industrial Relations has ascertained the general prevailing rate of per diem wages in
the locality in which the work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the contract. A copy of said determination is
available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. All parties to the contract shall be
governed by all provisions of the California Labor Code — including, but not limited to, the
requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the
prevailing wage rates shall be posted by the Contractor at the job site.
15. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform the Work on this Project
are identified in the Contractor's Proposal and are attached as part of the Contract
Documents. Contractor shall be fully responsible to City for all acts and omissions of any
subcontractors. Nothing in this Contract shall create any contractual relationship between
City and subcontractor, nor shall it create any obligation on the part of City to pay or to
see to the payment of any monies due to any such subcontractor other than as otherwise
required by law. City is an intended beneficiary of any Work performed by the
subcontractor for purposes of establishing a duty of care between the subcontractor and
Grigolla & Sons Construction Co., Inc. Page 5
City. Except as specifically authorized herein, the Work to be performed under this
Contract shall not be otherwise assigned, transferred, contracted or subcontracted out
without the prior written approval of City.
16. RESPONSIBILITY FOR DAMAGES OR INJURY
16.1 City and its elected or appointed officers, agents, officials, employees and
volunteers shall not be responsible in any manner for any loss or damage to any of the
materials or other things used or employed in performing the Project or for injury to or
death of any person as a result of Contractor's performance of the Work required
hereunder, or for damage to property from any cause arising from the performance of the
Project by Contractor, or its subcontractors, or its workers, or anyone employed by either
of them.
16.2 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 Contractor.
16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its elected or appointed officers, agents, officials, employees and
volunteers (collectively, the "Indemnified Parties") from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Contract, any Work performed
or Services provided under this Contract including, without limitation, defects in
workmanship or materials or Contractor's presence or activities conducted on the Project
(including the negligent, reckless, and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers,
subconsultants, subcontractors, anyone employed directly or indirectly by any of them or
for whose acts they may be liable for any or all of them).
16.4 Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence orwillful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Contract. This indemnity shall apply to all claims and liability regardless
of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by Contractor.
16.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Grigolla & Sons Construction Co., Inc. Page 6
Contractor shall be liable for any private or public property damaged during the
performance of the Project Work.
16.6 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.
16.7 Nothing in this Section or 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 above.
16.8 The rights and obligations set forth in this Section shall survive the
termination of this Contract.
17. CHANGE ORDERS
17.1 This Contract may be amended or modified only by mutual written
agreement of the parties.
17.2 The Contractor shall only commence work covered by a change order after
the change order is executed and notification to proceed has been provided by the City.
17.3 There shall be no change in the Contractor's members of the project team,
as listed in the approved proposal, which is a part of this contract without prior written
approval by the City.
18. CONFLICTS OF INTEREST
18.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Contract, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
18.2 If subject to the Act and/or Government Code §§ 1090 et seg., Contractor
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Contract by City. Contractor shall
indemnify and hold harmless City for any and all claims for damages resulting from
Contractor's violation of this Section.
19. TERMINATION
19.1 In the event that either party fails or refuses to perform any of the provisions
of this Contract at the time and in the manner required, that party shall be deemed in
default in the performance of this Contract. If such default is not cured within a period of
two (2) calendar days, or if more than two (2) calendar days are reasonably required to
Grigolla & Sons Construction Co., Inc. Page 7
cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
non -defaulting party may terminate the Contract forthwith by giving to the defaulting party
written notice thereof.
19.2 Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Contract at any time by giving seven (7)
calendar days' prior written notice to Contractor. In the event of termination under this
Section, City shall pay Contractor for Services satisfactorily performed and costs incurred
up to the effective date of termination for which Contractor has not been previously paid.
On the effective date of termination, Contractor shall deliver to City all materials
purchased in performance of this Contract.
20. STANDARD PROVISIONS
20.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Contract.
20.2 Compliance with all Laws. Contractor shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator.
20.3 Integrated Contract. This Contract represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
20.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Contract and any other attachments attached hereto, the
terms of this Contract shall govern.
20.5 Interpretation. The terms of this Contract shall be construed in accordance
with the meaning of the language used and shall not be construed for or against either
party by reason of the authorship of the Contract or any other rule of construction which
might otherwise apply.
20.6 Amendments. This Contract may be modified or amended only by a written
document executed by both Contractor and City and approved as to form by the City
Attorney.
20.7 Severability. If any term or portion of this Contract is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Contract shall continue in full force and effect.
Grigolla & Sons Construction Co., Inc. Page 8
20.8 Controlling Law and Venue. The laws of the State of California shall govern
this Contract and all matters relating to it and any action brought relating to this Contract
shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of
California.
20.9 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
20.10 No Attorney's Fees. In the event of any dispute or legal action arising under
this contract, the prevailing party shall not be entitled to attorneys' fees.
20.11 Counterparts. This Contract may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
21. 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.
22. 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.
23. RECITALS
City and Contractor acknowledge that the above Recitals are true and correct and
are hereby incorporated by reference into this Contract.
[SIGNATURES ON NEXT PAGE]
Grigolla & Sons Construction Co., Inc. Page 9
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be
executed on the day and year first written above.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: V17/Zd2�/
By:
Aaron C. Harp
City Attorney AF
ATTEST:
Date:
11=21 VA... Else
CITY OF NEWPORT BEACH,
a California mupipal corporation
Date: 3 A.1;I %
By: mil/
Will O'Neill
Mayor
CONTRACTOR: GRIGOLLA & SONS
CONSTRUCTION CO., INC., a California
corporation
Date:
Signed in Counterpart
By:
John L. Grigolla
Chief Executive Officer
Date:
Signed in Counterpart
By:
David L. Grigolla
Secretary, Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A -- Labor and Materials Payment Bond
Exhibit B -- Faithful Performance Bond
Exhibit C — Insurance Requirements
Grigolla & Sons Construction Co., Inc. Page 10
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be
executed on the day and year first written above.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE a California municipal corporation
Date: �Z` Date:
By: Cf-, ('� By:
Aaron C. Harp °o , �� Z� Will O'Neill
City Attorney Mayor
ATTEST: CONTRACTOR: GRIGOLLA & SONS
Date: CONSTRUCTION CO., INC., a California
corporation
Date: $ (I
ma
Leilani I. Brown
City Clerk
By:
John �lGrigolla
Chief executive Officer
Date:
By:
Da id L. Gngolia -
Secretary, Chief Fina ci 1 ffic+
[END OF SIGNATURES]
Attachments: Exhibit A -- Labor and Materials Payment Bond
Exhibit B -- Faithful Performance Bond
Exhibit C — Insurance Requirements
Grigolla & Sons Construction Co., Inc. Page 10
THE FINAL PREMIUM IS This bond was issued in two (2)
PREDICATED ON THE original counterparts
FINAL CONTRACT AMOUNT
EXHIBIT A
CITY OF NEWPORT BEACH
BOND NO. 0845457
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to
Grigolla & Sons Construction Co., Inc. hereinafter designated as the "Principal," a contract
for: The work necessary for the completion of this contract consists of, but is not limited
to, (1) distributing notices to affected residents; (2) traffic control; (3) construction
surveying; (4) removing existing asphalt or concrete streets/alleys, alley approaches,
sidewalks, curb and gutter, and driveways; (5) constructing new concrete streets/alleys,
alley approaches, sidewalks, curb and gutter and driveways; (6) adjusting and/or installing
new City utilities to grade; (7) installing new traffic striping; (8) coordinating with
subcontractors to adjust utility facilities raised to grade; (9) removing existing hardscaping
and pavement as needed for contract work; and (10) other incidental items to be
completed in work places required by the Contract Documents. All construction for the
work shall reference these Special Provisions, the Standard Specifications, and all
Contract related documents in the City of Newport Beach, in strict conformity with the
Contract on file with the office of the City Clerk of the City of Newport Beach, which is
incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract 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,
Harco National Insurance Company duly authorized to
transact business under the laws of the State of California, as Surety, (referred to herein
as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of
Three Million Seven Hundred Seventy Four Thousand Dollars ($3,774,000.00) lawful
money of the United States of America, said sum being equal to 100% of the estimated
amount payable by the City of Newport Beach under the terms of the Contract; for which
payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
Grigolla & Sons Construction Co., Inc. Page A-1
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the
obligations of this Bond, a reasonable attomeys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 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 9500 of 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 shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Contract or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the 13th day of August , 2024 .
�,�Por0."1e-a
e�
Grigolla & Sons Construction Co., Inc.
Name of Contractor (Principal)
Harco National Insurance Corn
Name of Surety
2400 E. Katella Ave., Suite 250, Anaheim, CA 92806
Address of Surety
(714) 602-9170
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
Pr
iAaron C. Harp �� s
City Attorney O/e
Agent Signature
an Uncifell, Attornev-in-Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
Grigolla & Sons Construction Co., Inc. Page A-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County fLo t•Oe-,� ss. �0'
�` o
On 120 a before me,
Notary Public, personally appeared X, p ,
who proved to me on the basis of satisfactory evidence to beThe person(N whose name* is/k@
subscribed to the within instrument and acknowledged to me that he/si*/thoy executed the same
in his/hWtMir authorized capacity(pe), and that by his/ice/tt%ir signatures(X) on the instrument
the person(`), or the entity upon behalf of which the personX) 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.
STELLA LOPEZ GRIGOLLA
ic
WITNESS hand and official seal. Notary n eie - Ca a
Y � Los Angeles County
Commission # 2437810
' ! My Comm. Expires Feb 10, 2021
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of Orange } ss.
On August 13th , 2024 before me, Melissa Ann Vaccaro ,
Notary Public, personally appeared Adrian Langrell
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct. MELISSA ANN VACCARO
COMM. #2401942
WITNESS,my hanA and official seal. Notary Public -California
LL<IS
ORANGE COUNTY a
My Comm. Expires May 12, 2026
Signature Melissa Ann Vaccaro (seal)
Gdgolla & Sons Construction Co., Inc. Page A-3
POWER OF ATTORNEY
HARCO NATIONAL INSURANCE COMPANY
Bond No. 0845457
INTERNATIONAL FIDELITY INSURANCE COMPANY
Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609
KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of
the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New
Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and
appoint
BENJAMIN WOLFE, MICHAEL D. STONG, CHELSEA LIBERATORE, BEN STONG, ADRIAN LANGRELL, DWIGHT REILLY,
DANIEL HUCKABAY, ARTURO AYALA, FRANK MORONES, SHAUNNA ROZELLE OSTROM, R. NAPPI
Orange, CA
their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract
or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL
INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had
been duly executed and acknowledged by their regularly elected officers at their principal offices.
This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY
and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of
Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018.
"RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the
Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited
in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings,
recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation
may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute
waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed
by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written
obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the
Corporation as the original signature. of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same
force and effect as though manually affixed."
IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL
FIDELITY INSURANCE COMPANY have each executed and attested these presents
on this 31st day of December, 2023 ,,..—I,"
XY 1 p� iNS�t�
s, STATE OF NEW JERSEY STATE OF ILLINOIS ;- p� �p90ftgA t
p$4�gt County of Essex County of Cook G`�,
`' : SEAL. 0
2> Michael F. Zurcher.., 1 ,,
Executive Vice President, Harco National Insurance Company
and International Fidelity Insurance Company
On this 31st day of December, 2023 , before me came the individual who executed the preceding instrument, to me personally known, and,
being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and
INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the
said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.
0��Y Cr�G, IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark,
New Jersey the day and year first above written.
��A' AUBLiG f U
9�fipF ` Cathy Cruz a Notary Public of New Jersey
ON
.,,,,.,,, "'P My Commission Expires April 16, 2029
CERTIFICATION
I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify
that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set
forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the
whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my Land on this day, August 13th , 2024
A00835
Irene Martins, Assistant Secretary
THE FINAL PREMIUM IS
PREDICATED ON THE
FINAL CONTRACT AMOUNT
This bond was issued in two (2)
original counterparts
EXHIBIT B
CITY OF NEWPORT BEACH
BOND NO. 0845457
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $34,706.00 , being at the
rate of $ 22.80 / $13.68 / $9.12 / $6.84 per thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to
Grigolla & Sons Construction Co., Inc. hereinafter designated as the "Principal," a contract
for: The work necessary for the completion of this contract consists of, but is not limited
to, (1) distributing notices to affected residents; (2) traffic control; (3) construction
surveying; (4) removing existing asphalt or concrete streets/alleys, alley approaches,
sidewalks, curb and gutter, and driveways; (5) constructing new concrete streets/alleys,
alley approaches, sidewalks, curb and gutter and driveways; (6) adjusting and/or installing
new City utilities to grade; (7) installing new traffic striping; (8) coordinating with
subcontractors to adjust utility facilities raised to grade; (9) removing existing hardscaping
and pavement as needed for contract work; and (10) other incidental items to be
completed in work places required by the Contract Documents. All construction for the
work shall reference these Special Provisions, the Standard Specifications, and all
Contract related documents in the City of Newport Beach, in strict conformity with the
Contract on file with the office of the City Clerk of the City of Newport Beach, which is
incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the Principal, and Harco National 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
Million Seven Hundred Seventy Four Thousand Dollars ($3,774,000.00) lawful money of
the United States of America, said sum being equal to 100% of the estimated amount of
the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for
which payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Contract Documents and any alteration thereof made as therein
provided on its part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to its true intent and meaning, or fails to indemnify,
defend, and save harmless the City of Newport Beach, its officers, employees and agents,
as therein stipulated, then, Surety will faithfully perform the same, in an amount not
exceeding the sum specified in this Bond; otherwise this obligation shall become null and
void.
Grigolla & Sons Construction Co., Inc. Page B-1
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 City, only in the
event 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 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 City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the 13th day of August _,2024
Griaolla & Sons Construction Co., Inc. . N;,b G ►'i eo/la
Name of Contractor (Principal) A u t ,onred Signat&e/Title SeC�
Harco National Insurance Company
Name of Surety
2400 E. Katella Ave. Suite 250 Anaheim CA 92806
Address of Surety
(714) 602-9170
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
C—5i�
—Aaron %`' ` C. Harp y�2 s
City Attorney Q/Zy
ent Signature
Adkj.�'n Lang &l, Attorney
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Gdgolla & Sons Construction Co., Inc. Page B-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of Californi
County of 2 ss.
On 9, hr, 20 a; befor me,,
bli2. a �^
Notary Puc, personally appeared ��
who proved to me on the basis of satisfactory evidence to b the person(,) whose name ) is/.-)rb
subscribed to the within instrument and acknowledged to me that he/s4A#+`I6y executed the same
in his/ter/tWr authorized capacity(ik), and that by his/*/tt1ir signatures(t on the instrument
the person*, or the entity upon behalf of which the person-* acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
STELLA LOPEZ GRIGOLLA
WITNESS m hand and official seal.
y
la
- C County
_Notary AngelPublices
Los Angeles Cuunty
� Ca.y
�
Commission N ZA31010
Comm. EMplres Feb 70, 20Z7
Sig
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
(seal)
County of Orange } ss.
On August 13th , 2024 before me, Melissa Ann Vaccaro ,
Notary Public, personally appeared Adrian Langrell
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
MELISSA ANN VACCARO
WITNESS my hand d official seal. N r .' COMM. #2401942 N
Notary Public -California
IL -a . ORANGE COUNTY Ili
My Comm. Expires May 12, 2026K
Signature Melissa Ann Vaccaro seal)
Grigolla & Sons Construction Co., Inc. Page B-3
TY STATE OF NEW JERSEY STATE OF ILLINOIS
pK40 County of Essex County of Cook
SEAL m
i^ 19tkt O
Michael F. Zurcher
Executive Vice President, Harco National Insurance Company
and International Fidelity Insurance Company
POWER OF ATTORNEY
HARCO NATIONAL INSURANCE COMPANY
Bond No. 0845457
INTERNATIONAL FIDELITY INSURANCE COMPANY
Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609
KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of
the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New
Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and
appoint
BENJAMIN WOLFE, MICHAEL D. STONG, CHELSEA LIBERATORE, BEN STONG, ADRIAN LANGRELL, DWIGHT REILLY,
DANIEL HUCKABAY, ARTURO AYALA, FRANK MORONES, SHAUNNA ROZELLE OSTROM, R. NAPPI
Orange, CA
their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract
or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL
INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had
been duly executed and acknowledged by their regularly elected officers at their principal offices.
This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY
and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of
Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018.
"RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the
Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited
in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings,
recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation
may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute
waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed
by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written
obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the
Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same
force and effect as though manually affixed."
IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL
FIDELITY INSURANCE COMPANY have each executed and attested these presents
on this 31st day of December, 2023 ,,,....."I
4 ���tiYU�h'sEir♦
%l�`�1�tS}�as
On this 31 st day of December, 2023 , before me came the individual who executed the preceding instrument, to me personally known, and,
being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and
INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the
said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.
"'"Hy C" IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark,
GP �`G�'`-, New Jersey the day and year first above written.
C�OTA'q%r
Cathy Cruz a Notary Public of New Jersey
,.»,,,,,.•"`�� My Commission Expires April 16, 2029
CERTIFICATION
I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify
that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set
forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the
whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, August 13w , 2024
A00835
Irene Martins, Assistant Secretary
EXHIBIT C
INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION
Provision of Insurance. Without limiting Contractor's indemnification of City, and prior
to commencement of Work, Contractor shall obtain, provide and maintain at its own
expense during the term of this Contract, policies of insurance of the type and amounts
described below and in a form satisfactory to City. Contractor agrees to provide
insurance in accordance with requirements set forth here. If Contractor uses existing
coverage to comply and that coverage does not meet these requirements, Contractor
agrees to amend, supplement or endorse the existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance company
currently authorized by the Insurance Commissioner to transact business of insurance
in the State of California, with an assigned policyholders' Rating of A- (or higher) and
Financial Size Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance providing statutory benefits and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each employee
for bodily injury by accident and each employee for bodily injury by disease in
accordance with the laws of the State of California. In addition, Contractor shall
require each subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with California law
for all of the subcontractor's employees.
Contractor shall submit to City, along with the certificate of insurance, a Waiver
of Subrogation endorsement in favor of City, its City Council, boards and
commissions, officers, agents, volunteers, employees, and any person or entity
owning or otherwise in legal control of the property upon which Contractor
performs the Project and/or Services contemplated by this Agreement.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance, and if necessary excess/umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form CG
00 01, in an amount not less than two million dollars ($2,000,000) per
occurrence, four million dollars ($4,000,000) general aggregate and four
million dollars ($4,000,000) completed operations aggregate. The policy shall
cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile insurance
at least as broad as Insurance Services Office form CA 00 01 covering bodily
injury and property damage for all activities of Contractor arising out of or in
connection with Work to be performed under this Contract, including coverage
Grigolla & Sons Construction Co., Inc. Page C-1
for any owned, hired, non -owned or rented vehicles, in an amount not less than
two million dollars ($2,000,000) combined single limit for each accident.
D. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability policies
are used to meet the limits of liability required by this contract, then said policies
shall be "following form" of the underlying policy coverage, terms, conditions,
and provisions and shall meet all of the insurance requirements stated in this
contract, including, but not limited to, the additional insured and primary & non-
contributory insurance requirements stated herein. No insurance policies
maintained by the City, whether primary or excess, and which also apply to a
loss covered hereunder, shall be called upon to contribute to a loss until the
Contractor's primary and excess/umbrella liability policies are exhausted.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
5
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Contract shall be endorsed to waive subrogation against City,
its City Council, boards and commissions, officers, agents, volunteers,
employees, and any person or entity owning or otherwise in legal control of the
property upon which Contractor performs the Project and/or Services
contemplated by this Agreement or shall specifically allow Contractor or others
providing insurance evidence in compliance with these requirements to waive
their right of recovery prior to a loss. Contractor hereby waives its own right of
recovery against City, and shall require similar written express waivers and
insurance clauses from each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess/umbrella liability, pollution liability,
and automobile liability, if required, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers,
employees, and any person or entity owning or otherwise in legal control of the
property upon which Contractor performs the Project and/or Services
contemplated by this Agreement shall be included as additional insureds under
such policies.
C. Primary and Non -Contributory. Contractor's insurance coverage shall be
primary insurance and/or the primary source of recovery with respect to City,
its City Council, boards and commissions, officers, agents, volunteers and
employees. Any insurance or self-insurance maintained by City shall be excess
of Contractor's insurance and shall not contribute with it.
D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar
days' notice of cancellation or nonrenewal of coverage (except for nonpayment
for which ten (10) calendar days' notice is required) for each required coverage.
6. Additional Agreements Between the Parties. The parties hereby agree to the
following:
Grigolla & Sons Construction Co., Inc. Page C-2
A. Evidence of Insurance. Contractor shall provide certificates of insurance to City
as evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers' compensation and other endorsements
as specified herein for each coverage. All of the executed documents
referenced in this Contract must be returned to City within ten
(10) regular City business days after the date on the "Notification of Award".
Insurance certificates and endorsements must be approved by City's Risk
Manager prior to commencement of performance. Current certification of
insurance shall be kept on file with City at all times during the term of this
Contract. The certificates and endorsements for each insurance policy shall be
signed by a person authorized by that insurer to bind coverage on its behalf.
At least fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or reduced,
Contractor shall, within ten (10) days after receipt of written notice of such
cancellation or reduction of coverage, file with the City evidence of insurance
showing that the required insurance has been reinstated or has been provided
through another insurance company or companies. City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
B. City's Right to Revise Requirements. The City reserves the right at any time
during the term of the Contract to change the amounts and types of insurance
required by giving Contractor sixty (60) calendar days' advance written notice
of such change. If such change results in substantial additional cost to
Contractor, City and Contractor may renegotiate Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure of
City to request copies of such agreements will not impose any liability on City,
or its employees. Contractor shall require and verify that all subcontractors
maintain insurance meeting all the requirements stated herein, and Contractor
shall ensure that City is an additional insured on insurance required from
subcontractors. For CGL coverage, subcontractors shall provide coverage with
a format at least as broad as CG 20 38 04 13.
D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that
any actual or alleged failure on the part of City to inform Contractor of non-
compliance with any requirement imposes no additional obligations on City nor
does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Exhibit A are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided by
any insurance. Specific reference to a given coverage feature is for purposes
of clarification only as it pertains to a given issue and is not intended by any
party or insured to be all inclusive, or to the exclusion of other coverage, or a
waiver of any type. If the Contractor maintains higher limits than the minimums
shown above, the City requires and shall be entitled to coverage for higher
Grigolla & Sons Construction Co., Inc. Page C-3
limits maintained by the Contractor. Any available proceeds in excess of
specified minimum limits of insurance and coverage shall be available to the
City.
F. Self -Insured Retentions. Contractor agrees not to self -insure orto use any self -
insured retentions on any portion of the insurance required herein and further
agrees that it will not allow any indemnifying party to self -insure its obligations
to City. If Contractor's existing coverage includes a self -insured retention, the
self -insured retention must be declared to City. City may review options with
Contractor, which may include reduction or elimination of the self -insured
retention, substitution of other coverage, or other solutions. Contractor agrees
to be responsible for payment of any deductibles on their policies.
G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails to
provide and maintain insurance as required herein, then City shall have the
right but not the obligation, to purchase such insurance, to terminate this
Contract, or to suspend Contractor's right to proceed until proper evidence of
insurance is provided. Any amounts paid by City shall, at City's sole option, be
deducted from amounts payable to Contractor or reimbursed by Contractor
upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of
claims made or suits instituted that arise out of or result from Contractor's
performance under this Contract, and that involve or may involve coverage
under any of the required liability policies. City assumes no obligation or liability
by such notice, but has the right (but not the duty) to monitor the handling of
any such claim or claims if they are likely to involve City.
Contractor's Insurance. Contractor shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own
judgement may be necessary for its proper protection and prosecution of the
Work.
J. Maintenance of General Liability Coverage. Contractor agrees to maintain
commercial general liability coverage for a period of five (5) years after
completion of the Project or to obtain coverage for completed operations
liability for an equivalent period.
Grigolla & Sons Construction Co., Inc. Page C-4
��
/
a
06
\
r
a.\
�
{
§
3
E
§
.�
k
k
.
_
o
\
§
k
k
.
U- .
n�
/
k
.k:
\
'\
k
\
}
E
)
)
k
\
)
2
3
§
�
k
-
f
2./
�
k
to
§
\
k.\
/
k
k
E
3
/
\
)
p
k:
k
)
g
{
3
\
§ .
.
k