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HomeMy WebLinkAboutC-3987(A) - Human Resources Trailer - Informal ContractCITY OF NEWPORT BEACH INFORMAL CONTRACT ELECTRICAL AND DATA CONDUIT INSTALLATION FOR THE HUMAN RESOURCES TRAILER RELOCATION Approved by Stephen G. Badum Public Works Director For further information, call Tom Sandefur, Project Manager at (949) 644 -3312 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ELECTRICAL AND DATA CONDUIT INSTALLATION FOR THE HUMAN RESOURCES TRAILER RELOCATION TABLE OF CONTENTS INSTRUCTIONS TO CONTRACTOR .............................................. ..............................1 DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................3 NOTICE TO CONTRACTOR ............................................................ ..............................4 CONTRACT...................................................................................... ..............................5 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 ei CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ELECTRICAL AND DATA CONDUIT INSTALLATION FOR THE HUMAN RESOURCES TRAILER RELOCATION The following documents shall be completed, executed and received by the Public Works Department. DESIGNATION OF SUBCONTRACTORS PROPOSAL The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. 3. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703.4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 4. 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 ". 5. All documents shall bear signatures and titles of persons authorized to sign on behalf of the Contractor. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 3-111ce1 e - to Contractor's License No. & Classification (30..* Contractor Name ( e ` c J Auth zed Signature/Title arcs' �P I I- 'Q 1- o-? Date - 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ELECTRICAL AND DATA CONDUIT INSTALLATION FOR THE HUMAN RESOURCES TRAILER RELOCATION DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Contractor, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the price for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Name, Address, Telephone # Bid Item Number Percent Of Total Bid Description of Work Percent of Total Bid Y1pn Q Sloce CAC t C Contractor Aut oriz Signature/Title CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ELECTRICAL AND DATA CONDUIT INSTALLATION FOR THE HUMAN RESOURCES TRAILER RELOCATION NOTICE TO CONTRACTOR 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 Contractor: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with insuring and legal agents prior to submission of bid. 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 of receipt of the Notice of Award to the successful bidder. 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. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ELECTRICAL AND DATA CONDUIT INSTALLATION FOR THE HUMAN RESOURCES TRAILER RELOCATION THIS AGREEMENT, entered into this ' 'at day of io4l, 2007, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Bay Shore Electric, Inc., a California corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has solicited for bids for the following described public work: Install 100 amps of single phase power to the new trailer from the existing 200 -amp panel on the Planning trailer. Also, Install three data conduits to connect the new trailer and the Council Chambers to the computer room. WHEREAS, Contractor has been determined by City to be a responsible Contractor, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for ELECTRICAL AND DATA CONDUIT INSTALLATION FOR THE HUMAN RESOURCES TRAILER RELOCATION, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents'). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Twenty- Thousand, Seven Hundred Fifty and 001100 Dollars ($20,750.00) This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made Jn writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Tom Sandefur (949) 644 -3312 (949) 644 -3308 Fax CONTRACTOR Bob Behling Bay Shore Electric, Inc. 24843 Del Prado, #140 Dana Point, CA 92629 949 - 645 -9341 949 - 240 -5117 Fax F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1173) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto' and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. Contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non - Compliance City shall have the right to offer the Contractor to stop Work under this Agreement and /or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the active negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. I. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all- relevant observations with the requirements of the Contract Documents. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the, same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day AS TO -'2�C AARON C. HARP Assistant City Attorney Attachment: Proposal BAY SHORE ELECTRIC, INC. By: i i1�xKdvti J69 X A ( orporate Officer) Title: \Or !S 1 04 n Print Name: Q \cx,,44 dr. l ext h�:tiJ By: C y\C-' 1 - -' k- �!- (Financial Officer) Title: vice - 9( e4j i�',A4- Print Name: Q WA "II &C L-� of hl; � F :\Users \PBVJ\Shared\Contmcts \FY 07 -08\HR Trailer C- 3987\1rdormal Contracts with Bayshore and Fleming\BAYSHORE INFORMAL CONTRACT.doc Nov 20 07 06:06P f5ay 56ore F{ectric, Inc. 24843 Del Prado #140 Dana Point, CA 92629 Phone # 949 - 645 -9341 Fax # 949 - 240 -5117 TO: CITY OF NEWPORT BEACH PO BOX 1765 NEWPORT BEACH, CA 92635 ATTN: MIKE SWACORI P.1 Contract & Proposal DATE 10/11/2007 TERMS DESCRIPTION TOTAL JOB: CITY HALL TRAILER INCLUDES: INSTALLED 100 AMPS OF SINGLE PRASE POWER TO NEW TRAILER IN FRONT OF COUNSEL CHAMBERS FROM EXISTING 200 AMP PANEL ON TRAILER # 1. INSTALL (3) 2- DATA CONDUITS. (1) FROM NEW TRAILER TO UNDER CURB AT STREET, (1) FROM COMPUTER ROOM TO UNDER CURB AT STREET. (1) FROM COUNSEL CHAMBERS TO UNDER CURB AT STREET. THE THREE DATA CONDUITS WILL BE INSTALLED ON THE STREET BY OTHER CONTRACTOR DOING THE STREET WORK. 20,750.00 v�C COQ CTOR SIGNATURE CUSTOMER SIGNATURE E)ay Snore rlectric, Inc. 24843 Del Prado, #140 Dana Point, CA 92629 License C-10 737461 Phone 949- 645 -9341 Facsimile 949. 240.5117 Mike Sinacori City of Newport Beach P.O. Box 1768 Newport Beach, CA 92660 Dear Mike, Our current address is: 24843 Del Prado #140, Dana Point CA 92629 Our service staff at Bay Shore Electric, Inc. is able to service and maintain a vast range of machinery and equipment for heavy and light industries. We currently have 5 service and installation vehicles on the road, and are proud that all of our electricians are certified by the state of California. The following is a list of our current rates, licenses and insurances: Hourly Wage: $72.50 per man hour- Monday - Friday 7am -5pm Overtime Wage: $108.75 per man hour- After 5pm on Weekdays & Weekends No trip charge California State license number: 737461 Type license: C -10 City of Newport Beach license: BT00005632 Workman's Compensation Insurance: Preferred Employers- Policy #WKN1324141 General Liability Insurance: AMCO Insurance Co /Allied- Policy #781200522 Thank you for your continued business. It is our privilege to work with you. Sincerely, Danielle Petancic Bay Shore Electric, Inc. Fax Server 11/27/2007 3:55:19 PM PAGE 002/009 Fax Server ACORD CERTIFICATE OF LIABILITY INSURANCE 00/07 000 rRGcucER (949)261 -5335 FAX ( 949) 261 -1911 Tutton Insurance Services, Inc. 2913 S. Pullman St. Santa Ana, CA 92705 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE NO OR HOLDER THIS CERTIFICATE DOES NOT ALTER THE COVERAGE AFFORDED BY THE�POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIL■ Baum Bay Shore Electric, Inc. 24843 Del Prado 0140 Dana Point, CA 92628 nmR A: Peerless Insurance Company DS FIRERS Preferred Employers Insurance AUTHORMDRE3RE ATIVE n nauREec GENERAL LIABILITY reuRERD 11/27 /2007 w RERE E NOCCURRENCE THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. MNMfHSTAIIDNG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCREED HEREIN IS SUBJECT TO ALL THE TERNS, EXCLUSMS AND CONDITIONS OF SUCH POLICIES. AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Ran TR City of Newport Bach TYPEWINSURMECE POLICY NUMBER POUCYEnECTNE POLNYa N DAMIN LIM" AUTHORMDRE3RE ATIVE n Newport Beach, CA 92663 GENERAL LIABILITY CBP9359024 11/27 /2007 11/27/2008 E NOCCURRENCE s- 1,000, X CommeR ALGEJHNN.UASAIrY OANAGETORFMED f I00 CLAMSMADE aOLCIIR IIEO PXP(M,TVw D•�oN f 1 PERw &MVINJURY s 1000 A OENERALAOOREGIITE f 2,000, GENLAGGREGATELMRAPMMSPER: PROd1CIS- COMPgPAGG f 2,000, X POLICY J`ECT LOC AUTOMOMIEUWNUTY ANYAUro coI SINGLE UMR O.Wdvo f ALLOWlEDAUr08 SQEOULEDAUTO.a SUI kAl DLYINJUW Pere -fl) f a INURY r° MR f "MMAUIOG NONOYYNEDAUTOS DATE RISK MA GER PRGP E oAmME P%rAxlMro f NAME UASLRY AUfOOM.Y.MXQDENr f mHETTHAN EA Mc f ANY AUTO AurDO rA A6 f EIWBBIUMFEFaIaLMELITY EACH OCCURRENCE f OCCUR El IwI AODRL TE f f f DETIUCIISE f RETENTON f WGRKEINOOMPENSAMONAND WKN1324142 10 /09/2007 10/09/2008 X wcsraTU' °m' g EAPLOYERYDAMLnY ANY MEMBER SO UDED?LramvE OFFICEAIMEA9ER EXCLUDED? EL EACH AOOOEM f 1,000, EL pSEABE -FJI EMP f 1,000, New, daamibe uNs BPECUL PROVI6101V6 bAIaN EL nEEASE- POLICYUAfT f 1 BOO OTHER ItlCRIPi1R! TNnSILOOAn IyM ! UIMONRAWEDWEN TIS : Insta 100 asps o sing e posse power to t e HHeT tra er ram the ezistinp 200 -asp pane of the Manning trailer. Also, Install three data conduits to connect the new trailer and the Council Changers to the computer roam.- 3300 Newport Blvd., Newport Beach, CA 92663 ity of Newport Bach, its officers, agents, officials, employees and volunteers are named additional 'nsured per the attached GECQ602 09/04 Endint. ** **Notes * *** P P=0779rJT= MYM mo rAMPOI I aTEnN ACORD2$(24IPM FAX: (949)644 -3308 4AACORD CORPORATION 1988 MHWLDANYGF THEAaOYE OEBCREEO POLXXFU{FIE G1NIAlEB 6EDRETME EXMARON DATE THEREOF. THE USING MUM LYIL EuDBUM TO ML City of Newport Bach *30 wrswwrrFe+NOnce TO Tle GemHECATS ImoLBEtTeM ®TOTTe LP}T, Public Works BUT PNWRE TO ML WON HOME BUFL NPOSE NO MUGATM OR LIAMUTY 330 Newport Blvd. W ANY RIND UPON THE MUREa rul MENTa OR RE MNTATIYLRJ. AUTHORMDRE3RE ATIVE n Newport Beach, CA 92663 Stanley Tutton 30SE ACORD2$(24IPM FAX: (949)644 -3308 4AACORD CORPORATION 1988 Fax Server 11/27/2007 3:55:19 PM PAGE 003/009 Fax Server City of Newport Beach Certificate issued to City of Newport Beach 11/27/2007 Tutton Insurance Services, Inc. 11/20/2007 This insurance is primary per attached 000001 10/01 Endmt. This insurance is non - contributory per attached endorsement. WC waiver applies, endorsement to be issued by carrier. ;10 day notice of cancellation for non - payment of premium. Fax Server 11/27/2007 3:55:19 PM PAGE 004/009 Fax Server b. If required by a written 'Snwmd contract", we waive any right of recovery we may have against any person or organization because of payments we make for Injury or damage arising out of your ongoing operatlons or "your work" done under that written "Insured contrail" for that person or organization and included in the "products- completed operations hazard". Item 10. and Kam 11. are added., to. Cancellardw Condition If we carocei this policy for any reason other than nonpayment of premium we will mar or deWff written notice of cancellation to the first Named Insured at least 00 days prior to the effective date of cancellation. 1t. Liberalizadon If we adopt a change in our forms or rules which would broaden your coverage without an a #re charge, the broader coverage will apply to this policy. This eidenslon is egective upon the approval of such broadercooeragein yourstate. SECTION Y- DEFINITIONS fie k9owingdeffink nsare added or changed. 9. "Insured contract" a. Is changed to: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that Indemnities any person or organization for damage by fie, e9losion or sprWder leeloige to premises while rented to you, or temporarily ocxupled by you with permission of the owner, or managed by you under a written agreement with the owner is not an Insured oordmcr. 23 and 24 are added.• 23. "Location" means premises involving the some or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 24. "Product recall ndification expenses" means the reasonable additional expenses (including, but not limited to, cost of correspondence, newspaper and magazine advertising, radio or television announcements and transportation cost), necessarily incurred in arranging for the return of products, but excluding costs of the replacement products and the cash value of the damaged products. The following Provisions are also added to this Coverage Part A. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization when you and such person or organization have agreed in writing in a contract, agreement or permit that such person or organization be added as an additional Insured on your policy to provide insurance such as is afforded under this Coverage Part. Such person or organization Is not entitled to any notices that we are required to send to the Named Insured and is an additional insured only with respect to liability arising out of a. Your ongoing operations performed for that person or organization; or b. Premises orfaalilies owned or used by you. oECG 602 (09/04) bmuldw copy,ighlcdme WW of immmm Sw*m o®m. Inc. with dspamia w Np 4 or4 Fax Server 11/27/2007 3:55:19 PM PAGE 005/009 Fax Server Wdh respect to provision 1.e. above, a person's or organization's status as an insured under this endorsement ends when your operations for that person or organization are completed. With rasped to provision 1.b. above, a person's or organization's status as an Insured under this endorsement ends when their contract or agreement with you for such premises or facilities ends. 2. This endorsement provision A. does not apply: a. Unless the written contract or agreement has been executed, or permit has been issued, prior to the *bodily Injury','propedy damage' or 'personal and advertising injury'; b. To 'bodily injury' or 'property damage" occurring after. (1) All work, including materiels, parts or equipment furnished in connection with such work, in the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional Insured(s) at the site of the covered operations has been completed; or (2) That portion of your work' out of which the Injury or damage arses has been put to Its Intended use by any person or organization other then another contractor or subcontractor engaged in performing operations for a principal as a part of the same project; c. To the renderi ng of or failure to render any professional services including, but not limited to, any professional architectural, engineering or surveying services such as: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering acMies; d. To 'bodily Injury, 'property damage or'pemonal and advertising Injury arising out of any act, error or omission that results from the additional insured's sole negligence or wrongdoing; a. To any person or organization included as an Insured under provision B. of this endorsement f. To any person or organization included as an insured by a separate additional insured endorsement issued by us and made a pad of this policy. S. ADDITIONAL INSURED— VENDORS Paragraph 2. under SEC71ON II - WHO IS AN INSURED is amended to include as an insured any person or organization (referred to below as bendor) with whom you agreed, in a written contract or agreement to provide insurance such as is afforded under this policy, but only with respect to `bodily injury' or'property damage' arising out of your products' which are distributed or sold In the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. 'Bodily injury or' property damage' for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendorwould have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor, earn cm tosraa} rsp s or5 Fax Server 11/27/2007 3:55:19 PM PAGE 006/009 Fax Server d. Repackaging, unless unpadred solely for the purpose of inspection, demonstration, testing, or substitution of parts under instructions from the manufacturer, and then repackaged in the original container; a. Any (allure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises In connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or h. To 'bodily injury' or 'property damage' arising out of any act, error or omission that results from the additional insured's sole negligence or wrongdoing. 2 This Insurance does not apply to any Insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 0806603 (09104) hmhtln oopyiigua mdaid of hmumme Service.Office W with haPemdcdon Page 6 cM Fax Server 11/27/2007 3:55:19 PM PAGE 007/009 Fax Server b. If a claim is made or "suit" is brought against 4. Other Insurance any insured, you must: If other valid and collectible Insurance Is available (1) Immediately record the specifics of the to the Insured for a loss we cover under Cover - claim or "suh" and the date received; and ages A or B of this Coverage Part, our obligations (2) Notify us as soon as practicable. are limited as follows: You must see to it that we receive written no- a. Primary Insurance tice of the claim or "suit" as soon as practice- This Insurance is primary except when b. be- te. low applies. Ifthls insurance is primary, ourob- c. You and any other invohred Insured must: ligation are not affected unless any of the other insurance is also primary. Then, we will (1) Immediate send us copies of an de ty P Y share with all that other insurance by the mands, notices, summonses or legal pa- method described in c. below. pers received in connection with the claim or "suit"; b. Excess Insurance (2) Authorize us to obtain records and other This insurance is excess over. information; (1) Any of the other Insurance, whether pri- (3) Cooperate with us in the investigation or rnery, excess, contingent or on any other settlement of the claim or defense against basis: the "Suit'; and (a) That is Fire, Extended Coverage, (4) Assist us, upon our request, in the en- Builders Risk, Installation Risk or similar "; forcemeat of any right against any person coverage for "yourwork or organization which may be liable to the (b) That is Fire insurance for premises insured because of injury or damage to rented to you or temporarily occupied by which this Insurance may also apply. you with permission of the owner; d. No insured will, except at that insured's own (c) That is insurance purchased by you to cost, voluntarily make a payment, assume any cover your liability as a tenant for "prop- obligation, or Incur any expense, other than for erty damage" to premises rented to you first aid, without our consent. or temporarily occupied by you with 3. Legal Acton Against Us permission of the owner, or No person or organization has a right under this (d) If the kiss arises out of the maintenance Coverage Part: or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of a. To join us as a party or otherwise bring us into Section I — Coverage Li — Bodily Injury' a "suit" asking for es from an Insured; or g rrxa0 And Property Damage Liability. b. To sue us on this Coverage Part unless all of (2) Any other primary Insurance available to its terms have been fully complied with. you covering liability for damages arising A person or orgaribmton may sue us to recover on out of the premises or operations for which an agreed settlement or on a final judgment you have been added as an additional in- against an insured; but we will not be liable for sured by attachment of an endorsement. damages that are not payable under the terms of this Coverage Par or that are in excess of the ap- plicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the clairo- ant's legal representative. CG g0 911 10 01 0 ISO Properties, Inc., 2000 Page 11 of 16 13 Fax Servor 11/2712007 3:55:19 PM PAGE 008/009 Fax Server EKDORSEMINT _ POUCYNO; CBP9359024 T81S;ENBOR$4l+iF{N3 CHANGPS TDFi t IAM. ,Pi.$ASE READ`TI CAREFULLY" 7Dta.endayttmeat modifte hmraiie provi iaader the followtngt C0.4Rvi MCIAL GRMAii MABTUTY.COVERAGE PART '.iVoncoetrlbutory.L9a4se 00=lmumam mabog ed bytheAd6tioaal trained shownln.ft $rEedok sbmttbe° excess and noawalributorywith Ihe:ittsuranoe provided by Ods yolicy,.bdt mdy as rmyects my claim. !ai«i or fiaDahty'ndaing odt of tb or PM87 oaa dttLo nu�ed insozod or ifs a@cm zaws,and only if such ctsrm, lossar,liability is dArnron4to be 9?�Y;t�?1EBL8� orrEsporiarbitit�c£tJrc`nzmed ioairat.- pal _r 1. I`'¢ of Pam orOrganizeaam: City of Newport Beach, its officers, agents, officials, employees and voltnteers Fax Server 11/27/2007 3:55:19 PM PAGE 009/009 Fax Server Workers Compensation and Employers Liability Prefafed Empla�+ers Insurance Policy I N B a a A N c a CON ! A N Waiver of Our Right to Recover from Others Endorsement — California We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be determined by multiplying the California workers' compensation premium due on such remuneration by the factor 0.050 Person or 0mantration City of Newport Beach Public Works Attn: Tom Sandefur 330 Newport Blvd. Newport Beach, CA 02803 Schedule Jab Description RE: Installing 100 amps of single phase power to the new trailer from the collating 200 amp pane of the planning trailer. Installing three data conduits to connect the new trailer and the Council Chambers to the computer room. This endorsement Is subject to a minimum premium charge of $ 50 Nothing In INS endorsement shall vary, after, watre a wiland arty afthe Ions, conditions a IMtallona of this pollcyc harlhon assisted! above. Not"alsaxhere In IHs policy shall behold to vary, aW naive or limll the tame, cond1dona, agreemerds or Imitaftons of this andorsernaut. The EnduraemerdvAsn allachad to Parry Number. W KN 192414 -2 Issued m BAY SHORE ELECTRIC, INC. steal be wild and shall tome pun of ndorenced policy. Tieelledke date althle endoreemerd Is 10A9N7 at 12:01 A.M. Edonamert No.: 11 Daa laeued: 112107 Pndkoor Number: 8M Agency Name: TUTTON INSURANCE SERVICES, INC. Adhoraed Represenlaam PE1104 05101198 CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the Public Works Director, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 AM on the 16th day of October, 2007, at which time such bids shall be opened and read for HUMAN RESOURCES TRAILER SITE IMPROVEMENT Contract No. 3987 $30,000 Engineer's Estimate by �St6Afen G. Badum Public Works Director Prospective bidders may obtain one set of bid documents for $10 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor "A" License Classification(s) required for this project For further information, call Tom Sandefur, Project Manager at (949) 644 -3312 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT HUMAN RESOURCES TRAILER SITE IMPROVEMENT TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................1 DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................3 NOTICE TO SUCCESSFUL BIDDER .............................................. ..............................4 CONTRACT..................................................................................... ............................... 5 PROPOSAL................................................................................ ............................... PR -1 SPECIALPROVISIONS ................................................................. ...........................SP -1 z 0 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT HUMAN RESOURCES TRAILER SITE IMPROVEMENT INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed and received by the Public Works Department in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS DESIGNATION OF SUBCONTRACTORS PROPOSAL 2. 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. 3. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 4. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 5. 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. 6. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 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". 8. 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 The signature below represents that the above has been reviewed. j3a400 . A. Contractor's License No. & Classification Bidder C1(l ` &WA k �I-a 0 1 PRc- s Authorized Signature/Title 2) 0 ct a Date 2 0 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT HUMAN RESOURCES TRAILER SITE IMPROVEMENT 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 The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with insuring and legal agents prior to submission of bid. 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 of receipt of the Notice of Award to the successful bidder. 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: Prooertv- 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. 4 r CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT HUMAN RESOURCES TRAILER SITE IMPROVEMENT THIS AGREEMENT, entered into this%( day of 007, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Mike Kilbride, LTD, dba Coast Water and Power, a California corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has solicited for bids for the following described public work: The work necessary for the completion of this contract consists of site grading, laying down a crushed rock foundation, trenching a sewer line, water line, and data conduit line to the site, providing traffic control plans, connections of the sewer line and water line to existing lines, pouring new sidewalk, and site cleanup. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for HUMAN RESOURCES TRAILER SITE IMPROVEMENT, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents'). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. • • C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Thirty -Two Thousand, Nine Hundred and 001100 Dollars ($32,900.00) This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Tom Sandefur (949) 644-3312 (949) 644 -3308 Fax F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: Mike Kilbride, LTD, dba Coast Water and Power PO. Box 3341 Newport Beach, CA 92659 949 - 548 -0106 949 - 548 -1616 Fax Contractor, by executing this Contract, 1 am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto' and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • 0 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract • • amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non - Compliance City shall have the right to offer the Contractor to stop Work under this Agreement and /or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the active negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. • • K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day AS TO FORM: AARt11N C. HARP Assistant City Attorney Attachment: Proposal CITY OF NEWPORT BEACH A Municipal Corporation 0 r of Newport MIKE KILBRIDE, LTD, DBA COAST WATER AND POWER By: `'Y u he AhAz .Qi (Corporate Officer) Title: Z )MZ4 � Print Name: lAtlta Q � l 6Vt.d e By: (Financial Officer) Title: Print Name: F :1Users\PBwlShared%Contracts\FY 07 -081HR Trailer C- 398AINFORMAL CONTRACT- C- 3987.doc 10 Check A License: ContractorLicense Detail • Page 1 of 2 4 Skip to: CSLB Home 1 Content I Footer I Accesseb7dy rct OoG ^�`' P9 CONTRACTORS R° v �� STATE LICENSE BOARD Bf I 7c1 . , _ ICOIOtIItI8111111 IAt111105111 "1118 I IIIIif1811 ^1f10 Il�llllllf1. 1_ 191 I 16111911I871f91T . I IGowim pIRM-M3 APPLKANTE JOIMUMEN Pu t Lgmgep IWIIRIU IIII1111 EVER CSLB Novrsroom ® DISCLAIAIER: A license status chock provides information taken from fhb Board and Committee Meetings CSL8 license databaso. Before relying on this Information, you should be awa Disostorinformation that following limitations. Center • CSLB complaint disclosure Is restricted by law (88P 7124.6). If this entity is subject to pt CSLB Library complaint disclosure, a link for complaint disclosure will appear below. Click on the link o Frequently Asked to obtain complaint and/or legal action Information. Questions • Per BSP 7071.17• only Construction related tall judgments reported to the CSL8 are dig Online Services • Arbitrations are not fisted urdess the contractor fails to comply with the terms of the arbiu • Chock A License or His • Duo to workload, there may be relevant Information that has not yet been entered onto 11 Registration Board's license database. • Fit ft a Construction Complaint • Ptocassing Tines License Number: 738400 Extract Date: 10131/21 • Chock Application Status Business MIKE KILBRIDE LTD • Search for a Sum" Band Information: OBA COAST WATER AND POWER insurance Company P O BOX 9341 • Search for a %&W-Kers' NEWPORT BEACH• CA 92659 Compensation Company Business Phano Number (949) $48 -0106 Now to Participate Entity: Corporation Issue Date: 0712YIS97 Expire auto: 07/31/1009 License Status: This license Is current and active. All information below should b reviewed. Classifications: CLASS DESCRIPTION CIO ELECTRICAL A GENERAL ENGINEERING CONTRACTOR 8 GENERAL BUILDING CONTRACTOR Certifications: CERT DESCRIPTION HAZ HAZARDOUS SUBSTANCES REMOVAL Bonding: CONTRACTOR'S BOND Tlu ftenso fired Conuatofs Bond number 22404 in Me amount e $12,500 with the bonding company Ak!ERICAN CONTRACTORS INDEMNITY COMPANY. Effective Data:OH01=07 Corejactoes Bonding History http:IAvA 2.csib.ca.gov/ General- Informationftnteractive- tools/check- a- Iicense/Li... 10131 12007 1 Check A License: Contractor's License Detail • Page 2 of 2 BOND OF OUAIJFYIN6 WOMDUAL 1. The ReWnsVe MOMMg"Olrxer (RN10) MICHAEL JOSEP KILBRIDE certified that hd" mans 10 percent of more of th Wtirtg stoc ecILity of de corporation. A bond of quatIft In&Adual is not required, Effewtva Data*.*. GO 3fM BOrs Bondnp History Workers' This license Is exempt from havuig wukers compensation Insurono ComponsaUon: they certified Mal they havo no emptayCC9 at Nis lime. E1loctivo Data: 04/2811997 Expiro Data: Hone Personnel listed on M ficense (cement or disassociated) are listed an other Ecenses. Consumers I Convraors I Appfxanu I Joumeymen I Pubuc V:aks I SuYd:ng Ofkia5 I General Info CSLB Hama I Conditions of Use I PfhM I Contra CSLB CopyrtghtO2007 State of CaSkmao hilp: /Avww2.cslb.ca.gov /General- InformationMteraclive- tools /check -a- license /Li... 10/31/2007 AML CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT I•, HUMAN RESOURCES TRAILER SITE IMPROVEMENT DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractors total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Name, Bid Percent Description of Work Percent of Address, Telephone # Item Of Total Total Bid Number Bid 'loll S. ANNe IT t L ] `( ��'it SANSA_ ANN ( z14 llikq QkJ9kIL-W_L& 2o3k Ss Fl"ov- J C b tr `IFW"j0AiNnq SANTA AtjL.e }9ZT �OC�C t3st E. WR.A� aS t�A 7XP 1- V0 23 A s� NiA �R�ing l9" oOT qn't Comb 'tad W \06 St x�s�.c4Ct7f. Bidder \ 1 �,, 10N TuAl Authorized Signature/Title 0 0 PR4of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Per Square Foot 16. Lump Sum Remove and Salvage Exist. Parking Meters Dollars and Cents $ 00 Per Lump Sum 17. 2 Each. Furnish and Install Pullbox Dollars and Cents Per Each 18. Lump Sum Striping @tv ac. Nv&wel Dollars and Cents $ Per Lump Sum TOTAL PRICE IN WRITTEN WORDS �4E1R�ir two 1p�t�N� iV�r�e ��nora Dc and Cents 2 q 0 C 2001 Date qyy_ 54`b •010 ieic. - ERx 411i4Q- S4O• lhlh Bidder's Telephone and Fax Numbers -�3E34 0 Bidder's License No(s). and Classification(s) $32> g00 Total Price (Figures) H il" 11,TZ - Bidder rn�L� k Bidder's Authorized Signature and Title � n f�, b 4 33 41 • N P-V+AV PA ( I QA Bidder's Address Last saved by adminsetupp9128 /2007 1:49 PM f:WserslpbvAshared\contractslfy 07*8?hr trailer a3987Tproposal c- 3987.doc 9zcs9 0 0 i �1 C 3 3 4 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS HUMAN RESOURCES TRAILER SITE IMPROVEMENT CONTRACT NO. 3987 INTRODUCTION PART 1--- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -1 LOCATION 5 -2 PROTECTION 5 -7 ADJUSTMENT TO GRADE 5 -8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days i �1 C 3 3 4 4 4 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 12 300 -1 CLEARING AND GRUBBING 12 300 -1.3 Removal and Disposal of Materials 12 300 -1.5 Solid Waste Diversion 13 0 0 6 -7.4 Working Hours 4 6 -9 LIQUIDATED DAMAGES 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -7 COOPERATION AND COLLATERAL WORK 5 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.5.1 Steel plates 6 7 -8.6 Water Pollution Control 6 7 -10 PUBLIC CONVENIENCE AND SAFETY 6 7 -10.1 Traffic and Access 6 7 -10.2 Storage of Equipment and Materials in Public Streets 7 7 -10.3 Street Closures, Detours and Barricades 7 7 -10.4 Public Safety 7 7- 10.4.1 Safety Orders 7 7 -10.5 "No Parking" Signs 8 7 -15 CONTRACTOR LICENSES 8 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 8 SECTION 9 MEASUREMENT AND PAYMENT 9 9 -3 PAYMENT 9 9 -3.1 General 9 9 -3.2 Partial and Final Payment 12 PART 2--- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 12 201 -1 PORTLAND CEMENT CONCRETE 12 201 -1.1.2 Concrete Specified by Class 12 201 -2 REINFORCEMENT FOR CONCRETE 12 201 -2.2.1 Reinforcing Steel 12 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 12 300 -1 CLEARING AND GRUBBING 12 300 -1.3 Removal and Disposal of Materials 12 300 -1.5 Solid Waste Diversion 13 Last saved by adminsetupl0 /1612007 3:07 PM f: \users \pbw\shared\oontacts\fy 07 -08\hr trailer c- 3987\specs index o-3987.doc SECTION 302 ROADWAY SURFACING 13 302 -5 ASPHALT CONCRETE PAVEMENT 13 302 -5.1 General 13 302 -5.4 Tack Coat 14 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 14 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 14 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 14 303 -5.1.1 General 14 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 14 308 -1 GENERAL 14 Last saved by adminsetupl0 /1612007 3:07 PM f: \users \pbw\shared\oontacts\fy 07 -08\hr trailer c- 3987\specs index o-3987.doc 0 • SP 1 OF 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS HUMAN RESOURCES TRAILER SITE IMPROVEMENT CONTRACT NO. 3987 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. B- 5201 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 -517 -0970. The following Special Provisions supplement or modify the Standard' Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of site grading, laying down a crushed rock foundation, trenching a sewer line, water line, and data conduit line to the site, providing traffic control plans, connections of the sewer line and water line to existing lines, pouring new sidewalk, and site cleanup." 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The City will provide one set of construction staking as required to construct the improvements. Additional stakes or re- staking, and costs thereof, shall be the responsibility of the Contractor. The Contractor shall notify the City in writing two working days in advance of the time that the stakes are needed. All existing street and property corner monuments are to be preserved. The Contractor will be back - charged for the cost of restoring any survey ties and /or 9 • SP2OF15 monuments damaged by the Contractor, including the cost of filing the required corner records or record of surveys with the County of Orange." 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. SECTION 3--- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 -- CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various • • SP3OF15 parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -1 LOCATION. Add the following after the 3`d paragraph: "upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust or replace to finish grade City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor will be required to contact Southern California Edison, The Gas Company, SBC Telephone, cable television, and other utility facilities to have existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing sewer /storm drain manhole (including grade rings), meter or valve box covers. The Contractor shall salvage all removed cast iron pipes. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operations Manager, at (949) 718 -3402. SECTION 6 -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed.' No work shall begin until a "Notice to Proceed" has been issued, a pre - construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. 9 • SP 4 OF 15 The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 15 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6-7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1st ,t the third Monday in January (Martin Luther King Day), the third Monday in February (Presidents Day), the last Monday in May (Memorial Day), July 4t the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve — half day), December 25th (Christmas), and December 31st (New Year's Eve — half day). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:00 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., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $60.00 per hour when such time periods are approved. • • SP5OF15 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00 Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Department. The City must approve any nighttime work in advance. The Contractor shall provide and install new water meter and valve boxes. Existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operation Manager, at (949) 718- 3402." 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." 0 0 SP 6 OF 15 Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7 -8.5.1 Steel Plates. Add this section: "Steel plates utilized for utility trenching shall be the slip resistant type per Caitrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at http://www.city.newl)ort- beach.ca.us/r)ubworks/links.htm." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back - charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. • • SP7OF15 Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre - construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detour plans shall meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. • • SP8OF15 The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -15 CONTRACTOR'S LICENSES. 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 Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDWAS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. The "As- Built" plans shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. 0 SP9OF15 SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: 'The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 As Built Plans Item No. 2 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan and construction schedule, and all other related work as required by the Contract Documents. Item No. 3 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, , signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 4 Site Grading: Work under this item shall include items necessary to grade the site per the plans, compact the soil within the foundation footprint to 95% compaction to serve as a subgrade for the foundation, and all other work items as required to complete the work in place. Item No. 5 Compacted Rock Foundation: Work under this item shall include placing and compacting 1/4" crushed rock foundation, and all other work items as required to provide a level, compacted foundation. Item No. 6 Fumish and Install 4 -Inch PVC Sewer Lateral per CNB Std Plan 406 -L: Work under this item shall include installing all pipe material including, but not limited to, pavement removal, sidewalk removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of pipe, fittings, couplings, thrust blocks, potholing of all existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials, removing and disposing of the existing sidewalk, AC pavement replacement, PCC • • SP 10 OF 15 sidewalk replacement and all other work items as required to complete the work in place. Item No. 7 Furnish and Install 4 -Inch ABS Sewer Pipe: Work under this item shall include installing all pipe material including, but not limited to, pavement removal, sidewalk removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of pipe, fittings, couplings, thrust blocks, potholing of all existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials, removing and disposing of the existing sidewalk, AC pavement replacement, PCC sidewalk replacement and all other work items as required to complete the work in place. Item No. 8 Furnish and Install 3 -Inch ABS Sewer Pipe: Work under this item shall include installing all pipe material including, but not limited to, pavement removal, sidewalk removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of pipe, fittings, couplings, thrust blocks, potholing of all existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials, removing and disposing of the existing sidewalk, AC pavement replacement, PCC sidewalk replacement and all other work items as required to complete the work in place. Item No. 9 Furnish and Install 2 -Inch Water Service Line per CNB Std Plan 503 -L: Work under this item shall include installing all pipe material including, but not limited to, pavement removal, sidewalk removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of pipe, fittings, couplings, thrust blocks, potholing of all existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials, removing and disposing of the existing sidewalk, AC pavement replacement, PCC sidewalk replacement and all other work items as required to complete the work in place. Item No. 10 Connection to Existing 2 -Inch Water Line: Work under this item shall include furnishing and installing connection to existing 6 -Inch water line including but not limited to, pavement removal and replacement, temporary paving and patching or trench plates, trench excavation, control of ground water and surface water, bedding slurry backfill, compaction, installation of pipe, fittings, couplings, coatings, removal or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials, and all other work items as required to complete the connection in place. 0 • SP 11 OF 15 Item No. 11 Furnish and Install 1 -Inch Copper Water Service Line: Work under this item shall include installing all pipe material including, but not limited to, pavement removal, sidewalk removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of pipe, fittings, couplings, thrust blocks, potholing of all existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials, removing and disposing of the existing sidewalk, AC pavement replacement, PCC sidewalk replacement and all other work items as required to complete the work in place. Item No. 12 Furnish and Install 3I4 -Inch Water Service Line: Work under this item shall include installing all pipe material including, but not limited to, pavement removal, sidewalk removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of pipe, fittings, couplings, thrust blocks, potholing of all existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials, removing and disposing of the existing sidewalk, AC pavement replacement, PCC sidewalk replacement and all other work items as required to complete the work in place. Item No. 13 Furnish and Install 2 -Inch PVC Data Conduit: Work under this item shall include installing all pipe material including, but not limited to, pavement removal, sidewalk removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of pipe, fittings, couplings, thrust blocks, potholing of all existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials, removing and disposing of the existing sidewalk, AC pavement replacement, PCC sidewalk replacement and all other work items as required to complete the work in place. Item No. 14 Furnish and Install 3 -Inch PVC Data Conduit: Work under this item shall include installing all pipe material including, but not limited to, pavement removal, sidewalk removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of pipe, fittings, couplings, thrust blocks, potholing of all existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials, removing and disposing of the existing sidewalk, AC pavement replacement, PCC sidewalk replacement and all other work items as required to complete the work in place. Item No. 15 Construct 4 -Inch Thick P.C.C. Sidewalk: Work under this item shall include removing and disposing of the existing sidewalk, subgrade compaction, • • SP 12 OF 15 constructing the 4 -inch thick P.C.C. sidewalk, and all other work items as required to complete the work in place. Item No. 16 Remove and Salvage Existing Parking Meters: Work under this item shall include the removal and delivery to the City of a parking meters along 32nd Street. All work to be done to the satisfaction of the Newport Beach Police Department. Item No. 17 Furnish and Install Pull Box with Metal Lid: Work under this item shall include all items necessary to furnish and install pull boxes with metal lids as shown on the plans and directed by the engineer and all other work items as required to complete the work in place. Item No. 18 Striping: Work under this item shall include all items necessary to restripe any affected parking stalls as necessary to restore parking facility to pre - construction condition and all other items as required to compete the work in place. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE. MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: `Portland Cement concrete for construction shall be Class 560 -C- 3250." 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials • • SP 13 OF 15 Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: http: / /www. city. newport- beach.ca.us/GSV /Frachised Haulers.htm." 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement." 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words "1-Y2 inch' of the last sentence with the words "two (2) inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 302 - -- ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section: "The asphalt concrete (A.C.) used for surface caps shall be III -C3 -AR -4000. The A.C. for base course shall be III -132 -AR -4000. All cracks '% -inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot - applied crack sealant approved by the Engineer. In residential areas no highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The • • SP 14 OF 15 top 1 2 inches of asphalt shall be placed in a separate lift. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted 95% minimum with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302 -5.4 Tack Coat. Add to this section: "Prior to placing the asphalt concrete patches, a tack coat of Type SS -1 h asphaltic emulsion at a rate not to exceed one — tenth (1110) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 303 -5.4 Joints 303 -5.4.1 General. Add to this section: "The Contractor shall make a 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." 303 -5.5 Finishing 303 -5.5.1 General. Add to this section: "The Contractor shall patch back A.C., P.C.C. and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color." SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. 0 • SP 15 OF 15 The Contractor shall arrange to meet for this work with the City's Urban Forester, Mr. John Conway at (949) 644 -3083 a minimum of five workdays prior to beginning the work. The Contractor shall describe the method of pruning and removing minor tree roots that may be encountered during construction. The Urban Forrester will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he /she shall cease work at that location and immediately contact the City's Urban Forrester for inspection. Upon inspection, the Urban Forrester may require the Contractor to formally submit a plan for removing the large roots to the City for review. F:1Users\PBMhareMContracts%FY 07 -08\HR Trailer C- 398ASPECS C- 3987.doc Last saved by tsandeturl 0/16/2007 3:04 PM Nov 14 07 0930a (714)701 -1845 - • P.1 ACORD DATE CERTIFICATE OF LIABILITY INSURANCE llfl4lD0 TM. 2 7 PRODUCER Prone; (714)701 -1841 Fac (714)701 -1545 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION M. L. ADAMS INSURANCE SERVICES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 5101 E. LA PALMA AVE., SUITE 204 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ANAHEIM HILLS CA 92807 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. LIMITS P O BOX 1788 NEWPORT BEACH CA 92658 GENERAL LABILITY INSURERS AFFORDING COVERAGE HAIC# I AgenW LLW: 0409232 EACH OCCURRE.NOE $ 1,000,000 INSURED INSURERA: Gemini Insurance Co INSURER B: MIKE KILBRIDIE, LTD. P.D. BOX 3341 NEWPORT BEACH CA 92659 INSURER G: S 5,000 INSURER D 5 1,000,000 A INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOT rHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUB.ECT TO ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS. =A`014 TYPEOFIMsuRANCE INSM POLICY NUMBER POLIMEFFECME BATE (MM MY) POLICY EXPIRATIw PATE mL0 LIMITS P O BOX 1788 NEWPORT BEACH CA 92658 GENERAL LABILITY VCGP015111 10/30/07 10130/08 EACH OCCURRE.NOE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY I CLAIMS MADE OCCUR DAMAGE ro RENTED PRZMfi (FalRuenrlw s 50,D00 MED. EXP (Any " person) S 5,000 PERSONAL S ADV II4JURY 5 1,000,000 A i GENERAL AGGREGATE S 2,000,000 GEITL AGGREGATE UMIT APPLIES PER: PRODUCTS- COMP/OPAGG $ 2,000,000 PRO - PDLICY n JECT LOG ' AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMB (Ea a- ..titlenD $ OlPgrePJ ALL OWN ED AUTOS IIISURANCE A OV . (p S SCHEDULEDAUTOS — HIRED AUTOS 1 /j VIDDILY INJ S R NON -OWNED AUTOS �— WE ER ' OF PROP DAMAGE fPer eotidmv) S i GARAGE LIABILITY AUTO ONLY -FA ACCIDENT $ OTHER THAN EA ACC $ ANYAUTO S H AUTO ONLY. AGG I UMBRELLA LIABILITY EACH OCCURRENCE S OCCUR FICLAIMS MADE AGGREGATE S rSS DEDUCTIBLE RETENTION S g WORKERS COMPEN$ATEON AND EMPLOYERS LIABILITY TIN sTATLL OTHER E.L. EACH ACCIDENT EACH ACCT S rorceROPMerpwPABrNERIEXECUTIYE $ OFPIC6RAIEMeER E%aDDEDT Fysa, d.lo enar $ftMLFROMSIDM W. EBDLIGY LIMIT S OTHER: TE-EAEMPLOYEE DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT] SPECIAL PROVISIONS TEN DAY NOTICE OF CANCELLATION WILL BE GIVEN FOR NON PAYMENT OF PREMIUM. JOB: HRSITEIMPROVEMENTS CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED PER FORM VE 0182 03 04 ATTACHED. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2001108( Certificate # 6985 O ACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WELL ENDEAVOR TO MAIL GD DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE CITY OF NEWPORT BEACH TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER 3300 NEWPORT BEACH BLVD ITS AGENTS OR REPRESENTATIVES. P O BOX 1788 NEWPORT BEACH CA 92658 AUTHORIZED REPRESENTATNE/[J� Attention: Mic 461 i e) Adams ACORD 25 (2001108( Certificate # 6985 O ACORD CORPORATION 1988 Nov 14 07 09:30a (714)701 -1845 • • p.2 Named Insured: Mike Kilbride Ltd. VE 182 03 04 Policy: VCGP01s111 Effective Date: 10 -3o -o7 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A: Section II — Who is An Insured is amended to include as an insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured but only with respect to liability caused by your ongoing operations performed for that insured. A person's or organizations's status as an insured under this endorsement ends when your operations for that insured are completed. This insurance does not apply to liability caused by the sole negligence of any additional insured. B: With respect to the insurance afforded to these additional insureds, the following additional exclusions applies: This insurance does not apply to: I. The preparing, approving, of failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. Supervisory, inspection, architectural or engineering activities. This policy shall be considered primary to any similar insurance held by third parties in respect of work performed by you under written Contractual Agreements with said third party(ies). The third party(ies) to whom this provision applies are listed below_ Non- contributory applies. The City of Newport Beach, its officers, agents, officials, employees and volunteers. URANCEAPPRO dAA�) d 4AT RISK MANAGER From: 07/25/2007 08:43 4016 P.001 07/2:5/2007 10 :20 FAS 9497702084 KELLY BRENNAN STATE FARM CERTIFICATE- OF INSURAt ICE ,p This cedifles that STATE FARM FIRE AND CASUALTY COMPANY, M wmington. III m t' �] STATE FARM GENERAL INSURANCE COMPANY, Iilo r ingtcn, iWaois Q BOA, insures trio fallowing p rlicyholder for the mveragas indicated below; 9, Name of paGr yholder MIY.E KTLSRZDE, LTD Address of pr rcytmider F.O. BOX 3341 C9 NEWPORT BEACH, Cp,.. 92659 Locafm of a aeraROrrs Din 0' apamems The pafides fisted be ow have been issued to ttn: pdgcyhMer fa• the polity periods :Jfown. The insuranm desrYbad M tbwe Pot is - x. ,yeti s a..w�r�...s....... ...a.. hcm Ima. ml1,mM raI aav Dart daeaCL I SURpNCE APP�ED_ r, (� rnT,. ICK NA Name and Address a Certificate Holder CITY OF NEWPORT BEACH 3300 NEWPORT HLVD NvgpoRT REACH, CA 92659 553asd a &P3 PF"rn U SA a day Or UAW -•- ex rtmtion dM. 5brte Fenn wi0 try to mail a knitters nWm to eb, agrIlROM hotter 30 dwys berate cancellation. If, ho Bever. via fail to mail aruir n Woe, = obligeden or ilabmly wf l be Imposed on State Farm or Rs $got" or rq aesa~ma1IVM- . PERIOD I- IMIT•°, LIABILITY POLICY NUINgER TYPE OF INSURANCE Effective of ti ' Comprehensive BODILY INJURY AND BuSineG PROPERTY DAMAGE This insumnea Includes: ❑ Products - Complete QpemdN ❑ Contractual Liability ❑ Underground H=ird Caverage Each OearrranOff $ ❑ Persanel Injury ❑ Advertising Injury Gernar-al Aggregate $ ❑ Explosion Hmord Caverage Products - Completed ❑ Cattopse Hazard Ooverw Opwiti*rm Aggregate $ ❑ Genarat Aggregate unfit apptles to fAtch prated ri KXjCY PERIOD BODILY INJURY AND PROPERTY DAMAGE pCGE.SS LIABfi.il'Y eve Ipste f atlon Date (Csmbtnw Single Limb ❑ Umbralto Dtfrer Each Occurrence; $ Part 1 STATUTORY Part 2 BODILY INJURY warkers' Compensation and E'mplayers UAAW Each Ardent S Disease Each EmOwea II Disease- Limit S P UC1' PEFF(OD U F LUIlicy POLICY Nt1Nfm TYPE OF INSURANCE EftectEve DOLO papa 8t inn{n aF li ado Inns pe P45—L3765-75 AUTOMOBILE 00 0 — 419,9--75 TOMOBILE 00,000 F44-7489-75 AUTOMBIL 07 10/D7 1 0711(/05 1,000 000 I SURpNCE APP�ED_ r, (� rnT,. ICK NA Name and Address a Certificate Holder CITY OF NEWPORT BEACH 3300 NEWPORT HLVD NvgpoRT REACH, CA 92659 553asd a &P3 PF"rn U SA a day Or UAW -•- ex rtmtion dM. 5brte Fenn wi0 try to mail a knitters nWm to eb, agrIlROM hotter 30 dwys berate cancellation. If, ho Bever. via fail to mail aruir n Woe, = obligeden or ilabmly wf l be Imposed on State Farm or Rs $got" or rq aesa~ma1IVM- . From: • 11/92007 09:26 #005 P.001 STATE COMPENSATION I N S V R A N C E FUND POLICYHOLDER COPY SG P.O. BOX 420807, SAN FRANCISCO,CA 94142 -0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 11.07 -2007 CITY OF NEWPORT BEACH SG PO BOX 1768 NEWPORT BEACH CA 92658 -8815 GROUP: POLICY NUMBER: 1362825 -2007 CERTIFICATE ID: 954 CERTIFICATE EXPIRES: 10 -01 -2008 10 -01- 2007/10 -01 -2008 THIS CERTIFICATE SUPERSEDES AND CORRECTS CERTIFICATE # 510 DATED 10 -01 -2007 JOB:HR SITE IMPROVEMENTS This Is to certify that we have Issued a valid Wvrkers' Compensation Insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon $0 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend_ or alter the Coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any Contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the Insurance afforded by the Policy described herein is subject to all the terms, exclusions, and conditions, of such Policy- DRIZED REP T PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10 -01 -2002 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT 82570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2007 -11 -07 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH EMPLOYER MIKE KILBRIDE,LTD DBA:COAST WATER AND POWER PO BOX 3341 NEWPORT BEACH CA 92959 (CBM.CNj lev.i-OV PRINTED : 11 -07 -2007 From: • 11/1007 09:26 #005 P.002 WAIVER OF SUBROGATION NOTICE Enclosed is your copy of a certificate of insurance on which the certificate holder required a waiver of subrogation: 1. Please be advised that a waiver of subrogation requires that a 3% surcharge will be applied by State Fund ONLY to the premium assessed on the payroll of your employees earned while engaged in work for that certificate holder who requested the waiver. (Note: if you have no employee payroll on that job, then there is no charge.) 2. To apply the 3% surcharge, you must also agree to maintain accurately segregated payroll records for employees engaged in work on job /s for the certificate holder who has the waiver. The payroll records are subject to verification by an auditor. Example: Payroll for job: $5,000.00 Sample Rate: 13.30 Regular Premium equals: $ 665.00 Surcharge: 3.008 Additional Waiver charge: $ 19.95 Total premium equals $ 684.95 (665.00 t 19.95) l iNS RANCE APPRO l DAT a MANAGER CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 8 November 13, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Tom Sandefur 949 - 6443312 ortsandefur @city.newport- beach.ca.us SUBJECT: TRANSFER OF OFFICE TRAILER FOR HUMAN RESOURCES DEPARTMENT — AWARD OF CONTRACT NO. 3987 RECOMMENDATIONS: 1. Approve the construction drawings and specifications. 2. Award Contract No. 3987 to Mike Nibride, Ltd. for the Total Price of $32,900 and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $5,000 to cover the cost of unforeseen work. 4. Approve a Budget Amendment to transfer the amount of $55,617 from Account No. 0410 -8627 — Human Resources M &O for Recruitment Expenses to Account No. 0410 -9500 — Human Resources M &O for Structures and Improvements. DISCUSSION: At 10:00 a.m. on October 30, 2007, the office of the Public Works Director opened and read the following bids for this project: TOTAL BID AMOUNT $32,900.00 $62,300.00 $68,420.00 $91,910.00 $119,430.00 The low total bid amount is 9.7% above the Engineer's Estimate of $30,000. The low bidder, Mike Kilbride, Ltd., possesses a California State Contractors License Classification "A" as required by the project specifications The work necessary for the completion of this contract consists of: site grading, laying down a crushed rock foundation, trenching a sewer line, water line, and data conduit BIDDER Low Mike Kilbride, Ltd. 2nd Belaire -West Landscape 3`d GCI 4d' Mike Prlich and Sons 5d' Nobest Incorporated TOTAL BID AMOUNT $32,900.00 $62,300.00 $68,420.00 $91,910.00 $119,430.00 The low total bid amount is 9.7% above the Engineer's Estimate of $30,000. The low bidder, Mike Kilbride, Ltd., possesses a California State Contractors License Classification "A" as required by the project specifications The work necessary for the completion of this contract consists of: site grading, laying down a crushed rock foundation, trenching a sewer line, water line, and data conduit Transfer of Office Trailer for Human Resources C*tment -Award of November No. 3987 November r 13, 2007 Page 2 line to the site, providing traffic control plans, connections of the sewer line and water line to existing lines, pouring new sidewalk, and site cleanup. The contract specifications require the contractor to complete all construction in 15 consecutive working days. BACKGROUND; On June 26, 2007, City Council approved moving a surplus office trailer from the General Services yard to the front lawn of City Hall for use by the Human Resources Department as a recruiting office. The trailer will be placed along 32nd Street to the west of the City Council Chambers. The council approved an expenditure of $43,000 for remodeling and moving the trailer and $15,000 for purchasing furniture. There are several distinct components for this relocation project including; site improvements; installation of electrical and data conduit; preparation and remodeling the trailer; and the actual relocation of the trailer itself. Contracts have been executed to encompass the electrical and trailer remodeling aspects as follows: Contractor Scope of Work Amount Meadows Construction Services Moving Trailer $15,950.00 Fleming Construction Services Preparation and Remodel $16,945.00 Bay Shore Electric, Inc. Electrical/Data Conduit $20,750.00 The original estimate for the project, while accurate in assuming costs for the interior remodel and moving of the trailer, underestimated the cost of bringing electrical power and data cables to the new trailer site. Also, the preparation of the site for the trailer involves more grading, foundation preparation, and utility trenching than was foreseen at the time. The City advertised the Human Resources Trailer Site Improvement, Contract No. 3987 for bid. This project provides for the grading of the trailer site, connection of the site to sewer and water lines, and trenching of data conduit lines to the trailer and the Council Chambers. Environmental Review: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities. Public Notice: The Notice Inviting Bids was advertised in the City's official publication. • Transfer of Office Trailer for Human Resources lrtment — Award of Contract No. 3987 November 13, 2007 Page 3 Funding Availability: Upon approval of the recommended Budget Amendment, sufficient funds will be available in the following accounts for the project: Account Description Human Resources Recruiting Proposed uses are as follows: Vendor Mike Kilbride, Ltd. Meadows Construction Services Fleming Construction Services Bay Shore Electric, Inc. Park West Landscape, Inc. Bush and Associates Various Prepared by: Tom Sandefur, POE. Associate Civil Engineer Submitted by: Tilt/I Barbara Ramsey Human Resources Director Attachments: Bid Summary Budget Amendment Account Number Amount 0410 -9500 $98,617.00 Total: $98,617.00 Purpose Construction Contract Moving Trailer Preparation and Remodel Electrical/Data Conduit Irrigation Restoration Survey Project Contingency Total: Submitted by: Amount $32,900.00 $15,950.00 $16,945.00 $20,750.00 $5,000.00 $2,072.00 $5,000.00 $98,617.00 (n G. Badum Works Director CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TITLE: HUMAN REflDURCESTRAILER SITE UPROVEMEHT BID LOCATION: Publk Woke Omni -CMNan CONTRACT NO.: C-3907 DATE: 30-00107 TIME: 1040AM ENGINEER'S ESTIMATE: 129.980.00 BY: TSandahn CHECKED: DATE: PROJECT MANAGER: T.SANDEFUR MIKE PRLICH AND SONS ENGINEERS ESTIMATE MIKE BRIDE LTD Sst.,mptemEST LANDSCAPE GCI ITEM DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT UNIT I AMOUNT UNIT AMOUNT 1 elK Plans 1 Ls 60(1.01) 50D.00 3010.00 100.00 '100. 20000 200. 2 MoWta4on 1 .00 1000.00 1000.00 600.00 500.00 300D.00 30DO.W 850400 8500.00 3 Tmmc Cored 1 _L& LS 500.00 500.00 500.00 500.00 100000 100D.00 60,00 600.00 4 Site Graan 1 14300,0Q 30MM 3W0. 5000.00 5001)00 3000.00 300D.00 9000.00 2,W0,0D 5 Cwmtod Reak Fwndatlon 16 CY 35.00 %0.00 100600 1600. 25),00 4000.W 50.00 800.00 6 Fumish and lnsMII 44nM PVC Sewm Laaml 6D LF 20.00 1200.00 125.00 750040 209.00 12000.00 200.00 12000.00 7 Furnish and! Intel 44nch ASB Sewer PI 5) LF 20.00 100040 30.00 1500400 40.00 2DO0.00 45.00 MSD.00 8 FumIM and Ins 134nch AGE Sewer Pioe 30 LF 30.00 900.00 3040 90.00 40.00 1200.00 60.00 1500.00 9 Furnish and InsM9 2 -Inch Water Service Una ao LF 30.00 2400.00 40.00 3200.00 75.00 8000.00 60.00 4800.00 10 Cmnaam to ExMn 2 -fish Water lore 1 Ls 800.00 8m.00 500.00 500.00 2500.00 2500.00 370.00 sm.00 11 1 Furnish and ln"I 14nM Water Sena Line 5) LF m.5) 1500.00 M.001 10D0.00I 4040 2000.00 4540 2250M3RO68420.00 00 12 Fumsh and lnMetl 3V4nch Wam SaMCe Una 25 LF 25.00 825. 20.00 500.DO 40.00 1000.00 8W.OD 13 Fumish and lnaas 2-InM PVC Daa Conduit 130 LF 30.00 3900.00 15.00 1950.00 50.00 6000.00 80040 14 Fumish and lnawh 3Anch PVC Dan, Conduit 170 LF 40.00 .00 35.00 5800.00 50.00 8500,00 .00 15 Consvud 44nM Thick PCC blew k 260 SF 10.00 2500, 8.00 1500,00 2040 SOW. 00040 16 Remove and Sol a EASU Pand M 1 LS 500.00 500.00 300.00 300.00 1000.00 1000.00 300.00 17 Furnish aM Instal Pullbox EA 650.00 1300. 500.00 1000.00 500.00 1000.00 800.00 18 SM 1 LS 1000.00 1000.00 500.00 500.00 2500.00 2500.00 350.00 EE 29985.00 LOW 33900.00 2NO 62300.00 .00 MIKE PRLICH AND SONS NOSEST WCORPORATED U NIT AMOUNT 500.00 500.00 500. 000.00 900.00 30D040 1 .00 20m.m 2000.00 4W0.m 26000.00 2S000.W 3010.00 300.00 4800.00 IAMOUNT 14 315.00 18900.00 .00 W 15)".00 3300.00 15).00 4 MODAD 150.00 12000.00 180040 1500.00 18 .00 3WD.00 90.00 4500.00 1250.00 90.00 2250.00 110.00 14300,0Q 6630.00 190,00 17000.00 60.00 10200.00 1040 2,W0,0D 15 3750.00 1,000.00 1000.00 200 200400 1 00.00 2000.00 Moo $200.00 1000.00 1,D00,00 1500 1 .00 4TH 91 910.00 5TH 119 430.00 Page 1 I:lUwmIPBVASharedlConlrads1F/ 07 -0800R Trailer C398ASID SUMMARY i E W of Newport Beach 0 BUDGET AMENDMENT 2007 -08 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations AND PX Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 08BA -023 AMOUNT: 555,s97.00 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To transfer budget appropriations from the Human Resources recruiting budget to cover increased costs associated with the office trailer for Human Resources. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit REVENUE ESTIMATES (3601) Fund/Division Account Description EXPENDITURE APPROPRIATIONS (3603) Description Division Number 0410 Human Resouces - Personnel Account Number 8627 Recruiting $55,617.00 Division Number 0410 Human Resouces - Personnel Account Number 9500 Structures and Improvements $55,617.00 Division Number Account Number Division Number Account Number Division Number Account Number ' Automatic System Entry. Signed:Lr/% Fin ncial Approval: Administrail Se/Jrvices Director Date �'/ Signed: �. ✓" 6 D Administrative App, ro I: City Manager Da Signed: City Council Approval: City Clerk Date 0 • Brown, Lejlani From: Brown, Leilani Sent: Monday, March 10, 2008 10:06 AM To: Sandefur, Thomas Cc: Pollard, Jamie; Badum, Steve; Harkless, LaVonne Subject: RE: Human Resources Trailer Site Improvement I discussed this with LaVonne and Steve or Homer will need to make an announcement at the Council meeting since the recommendation is different than what is on the agenda. Thanks! Leilani I. Brown, CMC Deputy City Clerk City of Newport Beach 3300 Newport Blvd. I Newport Beach I CA 192663 (949) 644-30051 A (949) 644 -3039 12 Ibrown@city.newport beach.ca.us From: Sandefur, Thomas Sent: Monday, March 10, 2008 10:03 AM To: Brown, Leilani Cc: Pollard, Jamie Subject: Human Resources Trailer Site Improvement Good Morning Leilani, As we discussed on the phone, the contract with Mike Kilbride, Ltd. did not contain any bonding requirements, only insurance. Mike has completed all the work and we don't require anything else from him. I mistakenly added the release of the material and faithful performance bonds to the Council Report. Let me know if you have any more questions. Thanks. Tom Sandefur, P.E. Associate Civil Engineer City of Newport Beach Public Works Department (949) 644 -3312 Public Works Department — A Well - Engineered Machine Protecting and Providing Quality Public Improvements and Services 03/10/2008 0 0 • • c-�By CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 9 March 11, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Tom Sandefur 949 - 644 -3312 ortsandefur @city.newport- beach.ca.us SUBJECT: Human Resources Trailer Site Improvements — Completion and Acceptance of Contract No. 3987 RECOMMENDATIONS: 1. Accept the completed contract work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On November 13, 2007, the City Council authorized the award of the Transfer of Office Trailer for Human Resources Department to Mike Kilbride, Ltd. The contract provided for the construction of a crushed rock foundation and the installation and connection of various utilities to the trailer. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $32,900.00 Actual amount of bid items constructed: $31,800.00 Total amount of change orders: $3,360.50 Final contract cost: $35,160.50 The decrease in the amount of actual bid items constructed over the original bid amount resulted from a decrease in size of the water service line. The final overall construction cost including change orders was 6.9 percent over the original bid amount. AResources Trailer Site Improvements - Completia Acceptance of Contract No. 3987 March 11, 2008 Page 2 Two change orders in the amount of $3,360.50 provided for dewatering during the sewer connection, reinstallation of two parking meters, and asphalt patch paving. Total construction expenses are summarized as follows: Construction - Mike Kilbride Ltd. Electrical - Bayshore Electric Trailer Move - Meadows Construction Survey - Bush & Associates Trailer Renovation - R.G. Fleming, Inc. Total Project Cost $35,160.50 $25,593.00 $15,950.00 $2,072.00 $28,707.00 $107,482.50 Other costs for incidentals, furnishings, and interior cleaning were absorbed within the Human Resources Department budget. Environmental Review: This project was categorically exempt from the provisions of CEQA per Section 15301(e), since the project consists of a minor alteration to a public structure involving an expansion of less than 2,500 feet. Fundina Availability: Funds for the project were expended from the following account: Account Description Account Number Amount Structures and Improvements 0410 -9500 $35,160.50 Total: $35,160.50 All work under this contract was completed on December 20, 2007, the scheduled completion date. Prepared by: Tom Sandefur Associate Civil Engineer Submitted by: