HomeMy WebLinkAboutC-9451-2 - Underground Utilities Assessment District No. 124 (Central Balboa Island - Phase 2)CITY OF NEWPORT BEACH
NOTICE INVITING BIDS
Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk,
100 Civic Center Drive, Newport Beach, CA 92660
By 9:30 AM on the 16th day of October, 2024,
at which time such bids shall be opened and read for
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 124
(CENTRAL BALBOA ISLAND ® PHASE 2)
CONTRACT NO. 9451-2
$8,300,000
Engineer's Estimate
Approves!
M. Hou- 11han
putt' PWD/City Engineer
Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids:
http://www.planetbids.com/12ortal/portal.cfm?CompanylD=22078
MANDATORY PRE -BID MEETING
A mandatory pre -bid MEETING will be conducted for this project on SEPTEMBER 23, 2024
at 10:30 am., at the Civic Center Community Room located at 100 Civic Center Drive,
Newport Beach, CA. 92660. Bidders who do not participate may be considered non-
responsive.
Hard copy bid documents will be available September 4, 2024, from:
Mouse Graphics, 659 W. 19th Street, Costa Mesa, CA 92627
Email INFO(@SENDMOUSE.COM or call (949) 548-5571 for shipping information
ALL GENERAL CONTRACTORS ARE REQUIRED TO ORDER ONE SET TO BID PROJECT
Contractor License Classification(s) required for this project: "A"
For further information, call Alfred Castanon, Project Manager at (949) 644-3314
City of Newport Beach
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 124
(CENTRAL BALBOA ISLAND — PHASE 2)
CONTRACT NO. 9451-2
TABLE OF CONTENTS
NOTICE INVITING BIDS..........................................................................................Cover
INSTRUCTIONS TO BIDDERS...................................................................................... 3
BIDDER'S BOND............................................................................................................ 6
DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9
TECHNICAL ABILITY AND EXPERIENCE REFERENCES..........................................10
NON -COLLUSION AFFIDAVIT..................................................................... 13
DESIGNATION OF SURETIES...................................................................... 14
CONTRACTOR'S INDUSTRIAL SAFETY RECORD....................................................15
ACKNOWLEDGEMENT OF ADDENDA.......................................................................18
INFORMATION REQUIRED OF BIDDER..................................................................... 19
NOTICE TO SUCCESSFUL BIDDER........................................................................... 21
CONTRACT.................................................................................................................. 22
LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A
FAITHFUL PERFORMANCE BOND........................................................... Exhibit B
INSURANCE REQUIREMENTS.................................................................Exhibit C
PROPOSAL.............................................................................................................. PR-1
SPECIAL PROVISIONS............................................................................................ SP-1
2
City of Newport Beach
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 124
(CENTRAL BALBOA ISLAND — PHASE 2)
CONTRACT NO. 9451-2
INSTRUCTIONS TO BIDDERS
1. The following documents shall be completed, executed, uploaded and received by the City Clerk
via PlanetBids in accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed
Envelope)
DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information
to be submitted via PlanetBids)
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
INFORMATION REQUIRED OF BIDDER
ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID
OPENING DATE (if any; Contractor shall confirm via PlanetBids)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON -COLLUSION AFFIDAVIT
DESIGNATION OF SURETIES
PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids)
The City Clerk's Office will open and read the bid results from PlanetBids immediately
following the Bid Opening Date (Bid Due Date.)
The Bid Results are immediately available to the public via PlanetBids following the Bid
Opening Date (Bid Due Date). Members of the public who would like to attend this reading
may go to Bay E, 211 Floor of the Civic Center (Located at 100 Civic Center Dr.)
2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may
be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid"
shall be clearly marked on the outside of the envelope containing the documents. Original copies
must be submitted to the City Clerk's Office.
3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed
above. Bidders are advised to review their content with bonding and legal agents prior to
submission of bid.
3. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized
by the Insurance Commissioner to transact business of insurance in the State of California, and
(2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The
successful bidder's security shall be held until the Contract is executed. Original, sealed
copies must be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date.)
The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on
the outside of the envelope containing the documents.
4. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to
allow the comparison of total bid prices.
3
5. 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.
6. 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.
7. 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 —
induding, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981
inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site.
9. The Contractor shall) be responsible for insuring cornpl"rance with provisions of Section 1777.5 of
the Labor Code Apprenticeship requirements and Section 4100 of seq. of the Public Contracts
Code, °SublIetting and Subcontracting Fair Practices Act'.
10. No contractor or subcontractor may be listed on a bid proposal for a public works project
(submitted on or after March 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement
for bid purposes only under Labor Code section 1771.1(a)].
11. No contractor or subcontractor may be awarded a contract for public work on a public works
project (awarded on or after April 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5.
12. This project is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the
bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized
by the corporation. For partnerships, the signatures shall be of a general partner. For sole
ownership, the signature shall be of the owner.
14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on
behalf of itself or a subcontractor that lacks privity of contract with the City but has requested
that contractor proceed on its behalf, sent by registered mail or certified mail return receipt
requested for a time extension, payment by the City for money or damages arising from work
done by, or on behalf of, the contractor and payment for which is not otherwise expressly
provided or to which the claimant is not otherwise entitled, or for payment of an amount that is
disputed by the City, the following is a summary of the claims resolution process to be applied:
rd
A. The City shall review the claim and, within 45 days, shall provide a written statement
identifying the portions of the claim that are disputed and undisputed. This time period may
be extended by mutual agreement. The claimant shall furnish all reasonable
documentation to support the claim. If the City needs approval from its City Council to
provide the written statement and the City Council does not meet within the prescribed time
period, the City shall have up to 3 days following the next regular meeting of the City
Council to provide the written statement. Payment of the undisputed portion of the claim
shall be made within 60 days after the City issues its written statement.
B. If the claimant disputes the City's written statement or if the City does not issue a written
statement in the prescribed time period, the claimant may demand in writing an informal
meet and confer conference, which shall be scheduled within 30 days of receipt of
claimant's demand.
C. Within 10 business days of the meet and confer conference, if a dispute remains, the City
shall provide a written statement identifying the portion of the claim that remains in dispute
and the undisputed portion. The City shall pay any remaining amount of the undisputed
portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding
mediation or similar nonbinding process, with the City and claimant sharing the costs
equally and agreeing to a mediator within 10 business days. If the parties cannot timely
agree on a mediator, each party shall select a mediator and those mediators shall select a
qualified neutral third party to mediate the remaining disputed portion. If mediation is
unsuccessful, any remaining disputed portion shall be addressed using procedures outside
of Public Contract Code section 9204.
D. Failure by the City to meet the time requirements herein shall result in the claim being
rejected in its entirety and shall not constitute an adverse finding with regard to the merits of
the claim or the responsibility or qualifications of the claimant.
E. MANDATORY PreL-B%il Mleetingl attendance is, regkired for this Project. The meeting will be
conducted on SEPTEMBER 23, 2024 at 10:30 am. Information regarding the mandatory
Pre -Bid Meeting will be noticed to registered bidder. All contractors wishing to bid on this
project shall be represented by its CEO/Owner who will be signing the contract documents,
or Superintendent who will be managing the Project, at this mandatory meeting. Bidders
who do not participate may be considered non -responsive.
The signature below represents that the above has been reviewed.
1028802 A, C 10, C-61 /D31
Contractor's License No. & Classification
1000052788 / 06/30/2025
DIR Registration Number & Expiration Date
Asplundh Construction, LLC.
Bidder
Signature/Title NkU_LALN LVA1i AS,
10/16/2024
Date
City of Newport Beach
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 124
(CENTRAL BALBOA ISLAND — PHASE 2)
CONTRACT NO.9451-2
BIDDER'S BOND
We, the undersigned Principal and Surety, our successors and assigns, executors, heirs
and administrators, agree to be jointly and severally held and firmly bound to the City of Newport
Beach, a charter city, in the principal sum of Ten Percent of Amount Bid
Dollars ($ 10%— ), to be paid and forfeited to the City of
Newport Beach if the bid proposal of the undersigned Principal for the construction of
Underground Utility Assessment District No. 124 (Balboa Island — Phase 2), Contract No.
9451-2 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach
and the proposed contract is awarded to the Principal, and the Principal fails to execute the
Contract Documents in the form(s) prescribed, including the required bonds, and original
insurance certificates and endorsements for the construction of the project within thirty (30)
calendar days after the date of the mailing of "Notification of Award", otherwise this obligation
shall become null and void.
If the undersigned Principal executing this Bond is executing this Bond as an individual, it
is agreed that the death of any such Principal shall not exonerate the Surety from its obligations
under this Bond.
Witness our hands this 9th day of September , 2024.
ASPLUNDH CONSTRUCTION, LLC
Name of Contractor (Principal)
TRAVELERS CASUALTY AND
SURETY COMPANY OF AMERICA
Name of Surety
One Tower Square, Bond/5PB
Hartford CT 06183
Address of Surety
215-255-2000
Telephone
Authorize Si na re II
C!C.K MO WJ SL
Authorized Agent Signature
Patricia E Dorsaneo, Attorney -in -Fact
Print Name and Title
(Notary acknowledgment of Principal & SuretV must be attached)
L
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of N W " [U
County of &00% -
On 2 bq before me, & ��personally appeared N,M ltDfS
who proved to me on the basis of satisfac ory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in msrneritneir autnonzea capacirykies), ana mar oy msinentneir signaiureksq uu Lue IMUMUCIA
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
ALYSSA L SABEL
NOTARY PUBLIC -STATE OF NEW YORK Signature; � � ��
No. 01 SA6408666 Signature of Notary Public
Qualified in Suffolk County
My Commission Expires 09-08-2028
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of New Jersey
County of Camden
September 9tb.
On 2024 before me, Sara P Owens
Notary Public, personally
nroved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is re subscribed to the within
instrument and acknowledged to me that she executed the same in her authorized capacity(ies),
and that by her signature(s) on the instrument the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of New Jersey that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature
Signature of Notary Public
SARA P OWENS
NOTARY PUBLIC
STATE OF NEW JERSEY
ID # 2435514
MY COMMISSION EXPIRES JUN. 25, 2028
Travelers Casualty and Surety Company of America
- Travelers Casualty and Surety Company
TRAVELERS.] St. Paul Fire and Marine insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and
St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein
collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint PATRICIA E DORSANEO of
PHILADELPHIA , Pennsylvania , their true and lawful Attorneys) -in -Fact to sign, execute, seal and
acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of
the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or
guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April,
2021.
U,: *Ltt aN0 F
a FA�Hq �
, ��} CUiO►J.=t
7 y�•� j�4{ fr * ,i�
State of Connecticut
2y%`
By:
City of Hartford ss. Robert L. Rane,ltenjor Vice President
On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior
Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the
purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
lac
Anna /7• /!/1ry —
Anna P. Nowik, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of
the Companies, which resolutions are now In full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint
Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority
may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings
obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may
remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or
any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided
that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance,
or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive
Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the
Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;
or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her
certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President,
any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to
any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -
Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of
Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed
and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or
understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a
true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect.
Dated this 9th day of September , 2024
���., ��Lt♦ AMA' ��
4 G'i
rwrrrao, �`
GYfL $ � COtYI. o t�
.p
Kevin E. Hughes, Assistant Secretary
To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880,
Please refer to the above -named Attorneys) -in -Fact and the details of the bond to which this Power ofAttorney is attached,
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
HARTFORD, CONNECTICUT 06183
FINANCIAL STATEMENTAS OF DECEMBER 31, 2023
CAPITAL STOCK 3 6.460,000
ASSETS
BONDS
S 5.104,395,801
LOSSES
S 1,495,036.900
STOCKS
119.333.643
LOSS ADJUSTMENT EXPENSES
146.791,770
CASH AND INVESTED CASH
30.541,608
COMMISSIONS
55.734,579
OTHER INVESTED ASSETS
8,355.939
OTHER EXPENSES
55.546,499
SECURITIES LENDING REINVESTED COLLATERAL ASSETS
13,350.613
TAXES, LICENSES AND FEES
15,857,431
INVESTMENT INCOME DUE AND ACCRUED
43.617,243
CURRENT FEDERAL AND FOREIGN INCOME TAXES
5.300,838
PREMIUM BALANCES
325.304,977
UNEARNED PREMIUMS
1,515,112,686
REINSURANCE RECOVERABLE
27,997,684
ADVANCE PREMIUM
4,091,249
NET DEFERRED TAX ASSET
72.421.341
POLICYHOLDER DIVIDENDS
21,388,522
GUARANTY FUNDS RECEIVABLE OR ON DEPOSIT
1,798,901
CEDED REINSURANCE NET PREMIUMS PAYABLE
62,914,516
OTHER ASSETS
B18,309
AMOUNTS WITHHELD / RETAINED BY COMPANY FOR OTHERS
21,072,858
REMITTANCES AND ITEMS NOT ALLOCATED
7,201.721
PROVISION FOR REINSURANCE
9,891.783
PAYABLE FOR SECURITIES LENDING
13,350,613
OTHER ACCRUED EXPENSES AND LIABILITIES
409380
TOTAL LIABILITIES
$ 3.429,701,342
CAPITAL STOCK
S 6,480,000
PAID IN SURPLUS
433.803.760
OTHER SURPLUS
1,877,950,956
TOTAL SURPLUS TO POLICYHOLDERS
S 2.318.234,716
TOTAL -ASSETS
TOTAL UA$ILTIES-&SiopLI'll
5 574793GAS8_
STATE OF CONNECTICUT
COUNTY OF HARTFORD )SS'
CITY OF HARTFORD
MICHAEL J. DOODY. BEING DULY SWORN, SAYS THAT HE IS VICE PRESIDENT -FINANCE, OF TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA.
AND THAT TO THE BEST OF HIS KNOWLEDGE AND BELIEF. THE FOREGOING IS ATRUE AND CORRECT STATEMENT OF THE FINANCIAL CONDITION OF SAID
COMPANY AS OF THE 31ST DAY OF DECEMBER. 2023.
SUBSCRIBED AND SWORN TO BEFORE ME THIS
15TH DAY OF MARCH, 2024
-w
UBLIC,
L1'4 2vj?
MOEPRESIDENT -FINANCE i7 1
V V ✓ram � �Z J' 7
NOTARY PUBLIC
SUSAN M WEISSLEDER
hotaty Public
My Commission apires November 30, 2027
No. 6516
S'i'A'I'1{ OF CAI.Ii"ORlNIA
DEPARTMENT OF INSURANCE
SAN FRANCISCO
Amended
Certificate of Authority
THIS IS TO CERTIF'1', That, purxtrcrin ro the lltsurancu Code of the S'r a of CuJifarniu.
Travelers Crisattlt)• and Surety Company ofanterica
of Hartford, Connecticut, otgani=ed uneler the luu-s ofC•onnecnc ur, subiert to its.-lrrieles 01,111corporution or
othel•Jiwrdarnerual orizani_anonal dort:nients, is herehr authorized to u•ansnet wahin this State, subject to all
provisions ofthis Certificute, thefollou•ing classes of iasw•once:
Fire, Marine, Surery, Disability, Plate Class, Liability, Workers' Compensation,
Common Carrier Liability, Boiler and machinery, Burglary, Credit, Sprinkler,
1'eam and Vehicle, Automobile, Aircraft, and miscellaneous
cis sru•h classes are riow or nun hereafter be defined in the Insurance Laus ofthe.4r,aC fC:7lifvrniu.
THIS CERTiFiCATF is expressll- conditioned upon the holder hereof nosy and hereafter being wt furl
COnrpll,rttCe with all, and nor in Violation of awl', of the applirtrble lau-s turd hnlfwl r•equirenr211L5 n ilide wider
rrutitorin of the lcrl,s of die Slitte o/'CaliJoraia cis long as sneh lairs or r, quirenit:nrs are in effec•r and apnlicuhie.
and us slick Ln 's cavil reduirentewts now are, or mitt• hereafter he char: cd or untende(L
Fee S92.00
Rec. No.
IN 11'I7-NESS WHEREOF, eifective as of tine 1st da-v of Juls•. 1997. 1 have
hereunto set nnY hand and caused Inv official seal to he ujixed this 16th
dar of Jrare, 1997.
Chuck Quackenbush
f n.;urantt• C':x+unissinnt,
Filed 5r38'9' By I'ictorio S. Sidhrw-1
term!:
Certification
1• the urulersigned Insurance Conuuissioner tf die Slate ed Coliitbruia, do herehr certtli- that 1 hate
„np,n'N I tha ub-'a coP , of Ccrnlicute of Awhoritr with the dirrltr',;%--pli•igrtrrd uos.' or: the in nrr office, tau!
Mal M., s:nne is a Jitll, trrr_, tout cnrw�n n2uRSCript tArreuj, utrt! ,,f;h� nlrnle o/ start ,l::nlicute, and swd
tf.luthorrtt is now ur ful(Jurr c atid.:f ecj
IN \\1 F\ESS WHEREOF, l have hereunto set nn• hmrrl and ecursed in_r r{flicictl
seal to be affixed ;his i l st duv O/ Decelnber, _?007.
Steve Poi_rrer
ptnswunrc Cc•um:siir•:xr
Pcurlure U'-inrlreu
City of Newport Beach
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 124
(CENTRAL BALBOA ISLAND — PHASE 2)
CONTRACT NO. 9451-2
DESIGNATION OF SUBCONTRACTOR(S) - AFFADAVIT
State law requires the listing of all subcontractors who will perform work in an amount in excess of one-
half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that
he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of
subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public
Works Construction, as applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any
monies to be withheld to ensure performance under the Contract.
The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the
Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will
be used subject to the approval of the Engineer and in accordance with State law. No changes may be made
in these subcontractors except with prior approval of the City of Newport Beach. Bidders must also include
DIR registration numbers for each subcontractor.
Asplundh Construction, LLC.c..J,�'1
Bidder Authorized Signature/Title 1vlCK c1�G�IQXS r
IA
City of Newport Beach
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 124
(CENTRAL BALBOA ISLAND — PHASE 2)
CONTRACT NO. 9451-2
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this form!!! Please print or type.
Bidder's Name Asplundh Construction, LLC.
FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A
COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON -RESPONSIVE.
For all public agency projects you have worked on (or are currently working on) in the
past 2 years in excess of $1,000,000 and which relate to utility underground work, provide
the following information:
Contractor must have past or present experience working directly for the Southern
California Edison Company (SCE) constructing underground civil improvements in order
to qualify for this contract.
No. 1
Project Name/Number UD#65 Underground Utility District Phase 2 Sycamore
Project Description I Inderiprounrl 19k\/ nictrihiitinn Sgctamc Straaflight Inatallatinn ';P.rylrP. Conversions
and Removal of Overhead Facilities.
Approximate Construction Dates: From 02/04/2021 To: June 2024
Agency Name City of Anaheim
Contact Person David Alvarez Telephone (714) 765-4394
11,660,963.38
Original Contract Amount $ Final Contract Amount $ 11,755,963.38
If final amount is different from original, please explain (change orders, extra work, etc.)
Change and/or added scope resulting in FCO's
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No
10
No. 2
Project Name/Number UD#67 Underground Utility District #67
Project Description Underground 12kV Distribution Systems, Streetlight Installation, Service Conversions
an emova o ver earl iiITO.
Approximate Construction Dates: From 04/13/2022 To: July 2024
Agency Name City of Anaheim
Contact Person David Alvarez
Telephone (714) 765-4394
$10,463,595.46
Original Contract Amount $ Final Contract Amount $ $10,463,595.46
If final amount is different from original, please explain (change orders, extra work, etc.)
N/A
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No
No. 3
Project Name/Number Underground Utility Assessment District #4
Project Description Underground 12kV Distribution Systems, Streetlight Installation, Service Conversions
and Removal of Overhead Facilities.
Approximate Construction Dates: From 01/13/2020 To: 09/20/2022
Agency Name City of Manhattan Beach
Contact Person Jeff Fijallka
Telephone (310) 802-5358
$3,998,890.00 4,241,709.81
Original Contract Amount $ Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
Change and/or added scope resulting in FCO's
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
NO
11
No. 4
Project Name/Number Underground Utility Assessment District #111 UUAD#22 Phase II
Project Description Underground 12kV Distribution Systems, Streetlight Installation, Service Conversions
and Removal of Overhead Facilities.
Approximate Construction Dates: From 05/19/2020 To: 03/27/2024
Agency Name City of Newport Beach
Contact Person Michael Sinacori
Telephone (949) 644-3342
$6,969,777.79
Original Contract Amount $ Final Contract Amount $ $10,708,228.21
If final amount is different from original, please explain (change orders, extra work, etc.)
Change and/or added scope resulting in FCO's
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No.
No. 5
Project Name/Number Direct Buried Cable Replacement Project Phase 14
Project Description Underground 12kV Distribution S stems, Streetlight Installation, Service Conversions
and Removalot Uverheadaci ides.
Approximate Construction Dates: From 11/01/2021
Agency Name City of Anaheim
Contact Person Rodolfo Villalva
To: 99% complete as of 2024
Telephone (714) 765-4234
$7,294,265.83
Original Contract Amount $ Final Contract Amount $ TBD
If final amount is different from original, please explain (change orders, extra work, etc.)
Change and/or added scope resulting in FCO's
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No.
12
No. 6
Project Name/Number Underground Utility District #69 Nutwood/Cerritos
Project Description Under round 12kV Distribution S stems Streetlight Installation Service Conversions
an emova o ver ea Facilities.
Approximate Construction Dates: From 12/08/2023 To: In Progress
Agency Name City of Anaheim
Contact Person Vinh Tran Telephone (714) 765-4273
$17,505,120.59
Original Contract Amount $_ Final Contract Amount $ TBD
If final amount is different from original, please explain (change orders, extra work, etc.)
N/A
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No.
Attach additional sheets if necessary.
Attach to this Bid the experience resume of the person who will be designated as
General Construction Superintendent or on -site Construction Manager for the
Contractor.
Upon request, the Contractor shall attach a financial statement and other information
sufficiently comprehensive to permit an appraisal of the Contractor's current financial
conditions.
Asplundh Construction, LLC.
Bidder
13
Authorized Signature[Title WW13 �OW ,
City of Newport Beach
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 124
(CENTRAL BALBOA ISLAND - PHASE 2)
CONTRACT NO. 9451-2
NON -COLLUSION AFFIDAVIT
Nav- WA_
State of Gelifemia )
) ss.
County of Sujwl (_ )
axgl 'R_ q ' being first duly{ sworn, deposes and says that he or she is
of 9 ) i ��It �(1SAr 1lf Yi 11� the party making the
foregoing bid; that the bid is no made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party
making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham;
that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has
not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid,
or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix
any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage
against the public body awarding the contract of anyone interested in the proposed contract; that all statements
contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price
or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will
not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member
or agent thereof to effectuate a collusive or sham bid.
declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct.
��1hr�ll� (t,>'&Ar ) fl' PLC
Bidder Autl-ionzed Signature/Title N'0-0 Cti )LY( r
ASl�tr�1� sxK-1101---
Subscribed and sworn to (or affirmed) before me on thisday of .2024
by L • proved to me on the basis of satisfactory
evidence to a the person(s) who appeared before me.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
ALYSSA L SABEL
NOTARY PUBLIC -STATE OF NEW YORK
[SEAL] No. 01 SA6408666
Qualified in Suffolk County
My Commission Expires 09-08-2028
14
Notarywit
Public
My Commission Expires: q I `_
City of Newport Beach
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 124
(CENTRAL BALBOA ISLAND — PHASE 2)
CONTRACT NO. 9451-2
DESIGNATION OF SURETIES
Bidder's name Asplundh Construction, LLC.
Provide the names, addresses, and phone numbers for all brokers and sureties from
whom Bidder intends to procure insurance and bonds (list by insurance/bond type):
Travelers Casualty and Surety Company of America
Patricia Rambo
One Tower Square, Bond/5 PB, Hartford, CT 06183
(215) 255-1724
15
City of Newport Beach
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 124
(CENTRAL BALBOA ISLAND — PHASE 2)
CONTRACT NO. 9451-2
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidder's Name Asplundh Construction, LLC.
Record Last Five (5) Full Years
Current Year of Record
Current
Record
Record
Record
Record
Record
Year of
for
for
for
for
for
Record
2023
2022
2021
2020
2019
Total
2024
No. of contracts
100
55
49
34
27
23
288
Total dollar
Amount of
Contracts (in
$101 mil
$102mil
$74mil
$47mil
$38mil
$15mi1
$377 mil
Thousands of $
No. of fatalities
0
0
0
0
0
0
0
No. of lost
Workday Cases
1
0
0
0
0
0
1
No. of lost
workday cases
0
0
0
0
0
0
involving
0
permanent
transfer to
another job or
termination of
employment
The information required for these items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102.
16
Legal Business Name of Bidder Asplundh Construction, LLC.
Business Address: 7431 Walnut Ave Buena Park, CA 90620
Business Tel. No.:
State Contractor's License No. and
Classification:
(562) 509-7939
1028802 1 A, C10, C-61031
Title Assistant Secretary
The above information was compiled from the records that are available to me at this time
and I declare under penalty of perjury that the information is true and accurate within the
limitations of those records.
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature Requirements: If bidder is an individual, name and signature of individual
must be provided, if doing business under a fictitious name, the fictitious name must be
set fort along with the County. If bidder is a partnership or joint venture, legal name of
partnership/joint venture must be provided, followed by signatures of all of the
partners/joint ventures or if fewer than all of the partners/joint ventures submit with
evidence of authority to act on behalf of the partnershipfjoint venture. If bidder is a
corporation, legal name of corporation must be provided, followed by signatures of the
corporation President or Vice President or President and Secretary or Assistant
Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of
the corporation. All must be acknowledged before a Notary Public, who must certify that
such individuals, partners/joint ventures, or officers were proven on the basis of
satisfactory evidence to be the persons whose name are subscribed to and
acknowledged that they executed the same in their authorized capacities.
[NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHED,
17
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or validity of that document.
State of r
County of 1K
On `7. before me, , Notary Public, personally appeared
ej�who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature( s) on the instrument
the person( s ), or the entity upon behalf of which the person( s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of New York that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
ALYSSA L SABEL
NOTARY PUBLIC -STATE OF NEW YORK
No.01SA6408666 Co
Qualified in Suffolk County Signature
My Commission Expires 09-08-2028 Signature of Notary Public
City of Newport Beach
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 124
(CENTRAL BALBOA ISLAND — PHASE 2)
CONTRACT NO. 9451-2
ACKNOWLEDGEMENT OF ADDENDA
Bidder's name Asplundh Construction, LLC.
The bidder shall signify receipt of all Addenda here, if any, and attach executed copy
of addenda to bid documents:
Addendum No. Date Received Signature
Addendum 1 10/07/2024
18
Page 1 of 2
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
Po
-qJ �P
ADDENDUM NO. 1
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 124
(CENTRAL BALBOA ISLAND - PHASE 2)
CONTRACT NO 9451-2
DATE: October 7, 2024 BY: 1
PVVD/City Engineer
TO: ALL PLANHOLDE€:S
The following changes, additions, deletions, or clarifications shall be made to the Contract
Documents — all other conditions shall remain the same.
SPECIAL PROVISIONS
2-1 AWARD AND E ECUTION OF THE CONTRACT
Replace the second paragraph with the following:
Contractor must have past (last 5 years) or present experience working directly for
the Southern California Edison Company (SCE) constructing joint trench
underground civil improvements in order to qualify for this contract.
MANDATORY PRE -BID MEETING INFORMATION
The attached minutes are hereby incorporated into the contract documents.
The PowerPoint presentation from the Mandatory Pre -Bid meeting will be posted on
PlanetBids but is NOT attached to this addendum.
Page 2 of 2
Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may
not be considered unless this signed Addendum No. 1 is attached.
I have carefully examined this Addendum and have
included full payment in my Proposal.
Asplundh Construction, LLC.
Bidder's Name (Please Print)
10116/2024
Date
rNo
Division Manager, Adam Lederman
Aut rized Signature & Title
ATTACHMENTS:
Mandatory Pre -Bid Meeting Minutes
Qualified Bidders List
City of Newport Beach
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 124
(CENTRAL BALBOA ISLAND — PHASE 2)
CONTRACT NO. 9451-2
INFORMATION REQUIRED OF BIDDER
Bidder certifies under penalty of perjury under the laws of the State of California that the
following information is true and correct:
Name of individual Contractor, Company or Corporation: Asplundh Construction, LLC.
Business Address: 7431 Walnut Ave Buena Park, CA 90620
Telephone and Fax Number: (562) 509-7939
California State Contractor's License No. and Class: 1028802 - A, C10, C-61031
(REQUIRED AT TIME OF AWARD)
Original Date Issued: 07/10/2017Expiration Date: 07/31/2025
List the name and title/position of the person(s) who inspected for your firm the site of the
work proposed in these contract documents:
Adam Lederman, Division Manager
The following are the names, titles, addresses, and phone numbers of all individuals, firm
members, partners, joint ventures, and company or corporate officers having a principal
interest in this proposal:
Name Title Address Telephone
See attached Officer's List
Corporation organized under the laws of the State of New York
The dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proposal are as follows:
N/A
19
ASPLUNDH CONSTRUCTION, LLC
(New York Limited Liability
Company)
OFFICERS
President
Frank V. Giordano
9/12/1955
Vice President
Brett W. Martin
7/1/1958
Vice President
Kenton D. Eatherton
09/23/1974
Vice President
Michael A. Forrest
12/25/1978
Vice President
James A. McNulty
9/26/1964
Secretary -Treasurer
Brian R. Bauer
12/17/1977
Assistant Secretary
Chris J Macsisak
02/02/1967
Assistant Secretary
Nickkia S. Sellers
10/11/1978
Assistant Secretary
Gregory E. Staton
03/18/1972
Asst. Secretary (Title Clerk)
Kurt A. Meiers
04/07/1965
Asst. Secretary (Title Clerk)
Joseph A. Zito, III
08/25/1966
Asst. Secretary (Ins./Bonds)
Ann P. Ercolani
08/02/1956
Asst. Treasurer (Taxes)
Ronald S. Simpson
12/17/1958
Updated May 20, 2022
All are current employees
All company, corporate, or fictitious business names used by any principal having interest
in this proposal are as follows:
N/A
For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been
involved in with public agencies in the past five years (Attach additional Sheets if
necessary) provide:
Provide the names, addresses and telephone numbers of the parties;
N/A
Briefly summarize the parties' claims and defenses;
N/A
Have you ever had a contract terminated by the owner/agency? If so, explain.
N/A
Have you ever failed to complete a project? If so, explain.
N/A
For any projects you have been involved with in the last 5 years, did you have any claims
or actions by any outside agency or individual for labor compliance (i.e. failure to pay
prevailing wage, falsifying certified payrolls, etc.)? Yes / No
Are any claims or actions unresolved or outstanding? Yes 19
If yes to any of the above, explain. (Attach additional sheets, if necessary)
N/A
20
Failure of the bidder to provide ALL requested information in a complete and accurate
manner may be considered non -responsive.
TanL V . hI oydow
(Print name of Owner President
of Corporation/Company)
Biddee Authoriz
e
r�d
nn 4nature/Title��
Title
Date'
On 9 1111. before me, �(,� L �Y YI JC..� Notary Public, personally appeared
j jcw —jp JJQA() who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
SA!m _ r ! 0
Notary Pubic in and for said State
My Commission Expires.-
21
(SEAL)
ALYSSA L SABEL
NOTARY PUBLIC -STATE OF NEW YORK
No.01SA6408666
Clualified in Suffolk County
My Commission Expires 09-08-2028
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or validity of that document.
State of Mw �
County of
On 42 before me, `� Notary Public, personally appeared
NALL a � 0 who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature( s) on the instrument
the person( s ), or the entity upon behalf of which the person( s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of New York that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
ALYSSA L SABEL
NOTARY PUBLIC -STATE OF NEW YORK
No. 01 SA6408666 (�
Qualified in Suffolk County SignatureS�Q,I
My Commission Expires 09-08-2028
Signature of Notary Public
City of Newport Beach
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 124
(CENTRAL BALBOA ISLAND — PHASE 2)
CONTRACT NO. 9451-2
PROPOSAL
(Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids.
Contractor shall sign the below acknowledgement)
To the Honorable City Council
City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
Councilmembers:
The undersigned declares that the Contractor has carefully examined the location of the work, has
read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby
proposes to furnish all materials except that material supplied by the City and shall perform all work
required to complete Contract No. 9451-2 in accordance with the Plans and Special Provisions, and
will take in full payment therefore the following unit prices for the work, complete in place, to wit:
10/16/2024
Date
Asplundh Construction, LLC.
Bidder
(562) 509-7939 %,� WICILLt ?� V";,
Bidder's Telephone and Fax Numbers Bidder's Authorized Signature and Title JY�S RS`11
111—�T
1028802 / A, C10, C-61/D31 7431 Walnut Ave, Buena Park, CA 90620
Bidder's License No(s). Bidder's Address
and Classifications)
1000052788
DIR Registration Number
Bidder's email address: alederman@asplundh.com
PR-1
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
INDEX
FOR
SPECIAL PROVISIONS
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 124
(CENTRAL BALBOA ISLAND - PHASE 2)
CONTRACT NO. 9451-2
PART 1 - GENERAL PROVISIONS
SECTION 1—TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS
1-2 TERMS AND DEFINITIONS
SECTION 2 - SCOPE AND CONTROL OF THE WORK
2-1 AWARD AND EXECUTION OF THE CONTRACT
2-5 PLANS AND SPECIFICATIONS
2-5.1 General
2-5.2 Precedence of Contract Documents
2-6 WORK TO BE DONE
2-9 SURVEYING
2-9.1 Permanent Survey Markers
2-9.2 Survey Service
SECTION 3 - CHANGES IN WORK
3-3 EXTRA WORK
3-3.2 Payment
3-3.2.2 Basis for Establishing Cost
3-3.2.3 Markup
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
4-1.3.1 General
SECTION 5 - UTILITIES
5-1 LOCATION
5-1.1 General
5-2 PROTECTION
5-2.1 Abandoned Utilities
5-2.2 Protection of Existing Utility Crossings
5-4 RELOCATION
SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
6-1.1 Construction Schedule
6-7 TIME OF COMPLETION
6-7.1 General
6-7.2 Working Days
1
1
1
2
2
2
2
3
3
4
4
5
7
7
7
7
7
7
7
7
7
8
8
8
9
9
9
10
10
10
10
11
11
11
6-8 COMPLETION, ACCEPTANCE, AND WARRANTY
12
6-9 LIQUIDATED DAMAGES
12
7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES
12
7-1.2 Temporary Utility Services
12
7-2 LABOR
13
7-2.2 Prevailing Wages
13
7-5 PERMITS
13
7-7 COOPERATION AND COLLATERAL WORK
14
7-8 WORK SITE MAINTENANCE
14
7-8.1 General
15
7-8.4 Storage of Equipment and Materials
15
7-8.4.2 Storage in Public Streets
15
7-8.6 Water Pollution Control
17
7-8.6.2 Best Management Practices (BMPs)
17
7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
20
7-10 PUBLIC CONVENIENCE AND SAFETY
22
7-10.2 No Parking Signs
23
7-10.3 Street Sweeping Signs
23
7-10.4 Notices to Residents and Temporary Parking Permits
23
7-10.5 Steel Plates
24
SECTION 9 - MEASUREMENT AND PAYMENT
24
9-3 PAYMENT
24
9-3.1 General
24
9-3.4 Mobilization.
24
PART 2 - CONSTRUCTION MATERIALS
25
SECTION 200 — ROCK MATERIALS
25
200-2 UNTREATED BASE MATERIALS
25
200-2.1 General
25
SECTION 201- CONCRETE, MORTAR, AND RELATED MATERIALS
25
201-1 PORTLAND CEMENT CONCRETE
25
201-1.1 Requirements
25
201-1.1.2 Concrete Specified by Class and Alternate Class
25
201-2 REINFORCEMENT FOR CONCRETE
25
201-2.2 Steel Reinforcement
25
201-2.2.1 Reinforcing Steel
25
SECTION 203 — BITUMINOUS MATERIALS
25
203-6 ASPHALT CONCRETE
25
203-6.5 Type III Asphalt Concrete Mixtures
25
SECTION 214 —TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 26
214-4 PAINT FOR STRIPING AND MARKINGS
26
214-4.1 General
26
214-6 PAVEMENT MARKERS
26
214-6.3 Non -Reflective Pavement Markers
26
214-6.3.1 General
26
214-6.4 Retroreflective Pavement Markers
26
214-6.4.1 General
26
PART 3 - CONSTRUCTION METHODS
27
SECTION 300 - EARTHWORK 27
300-1 CLEARING AND GRUBBING
27
300-1.3 Removal and Disposal of Materials
27
300-1.3.1 General
27
300-1.3.2 Requirements
27
SECTION 302 - ROADWAY SURFACING
28
302-5 ASPHALT CONCRETE PAVEMENT
28
302-5.1 General
28
302-5.4 Tack Coat
29
302-5.8 Manholes (and Other Structures)
29
302-6 PORTLAND CEMENT CONCRETE PAVEMENT
29
302-6.7 Traffic and Use Provisions
29
SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION
29
303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND
DRIVEWAYS
29
303-5.1 Requirements
29
303-5.1.1 General
29
303-5.4 Joints
30
303-5.4.1 General
30
303-5.5 Finishing
30
303-5.5.2 Curb
30
303-5.5.4 Gutter
30
SECTION 306 — OPEN TRENCH CONDUIT CONSTRUCTION 30
306-1 GENERAL 30
306-1.1 Pipe Laying 30
306-3 TRENCH EXCAVATIONS 31
306-3.1 General 31
306-3.1.1 Trench Excavation and Subgrade 31
306-3.1.2 Backfill of Trenches 33
SECTION 314 —TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 34
314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS
34
314-4.1 General
34
314-4.2 Control of Alignment and Layout
34
314-4.2.1 General
34
314-4.4 Thermoplastic Traffic Striping and Pavement Markings
34
314-4.4.1 General
34
314-4.4.2 Surface Preparation
35
314-5 PAVEMENT MARKERS
35
314-5.1 General
35
SECTION 315 — PULL BOXES, HANDHOLES, UTILITY BOXES, VAULTS AND COMPONENTS 35
315-1 GENERAL 35
PART 6 - TEMPORARY TRAFFIC CONTROL 36
SECTION 601— WORK AREA TRAFFIC CONTROL 36
601-1 GENERAL 36
APPENDIX
A. AT&T REQUIREMENTS
B. OCSD - SPECIAL PURPOSE DISCHARGE PERMIT APPLICATION & SAMPLE
C. TIME WARNER CABLE & SPECTRUM VAULT INFORMATION
D. DISCHARGE LOCATION POINTS TO STORM DRAIN SYSTEM
E. OCSD PLANT NO. 2 STAGING AREA
F. NEWPORT DUNES STORAGE AREA
G. LIMITS OF CONSTRUCTION FOR NORTH BAY FRONT ALLEYS
H. EXHIBIT FOR CAST IRON WATER MAIN REMOVAL IN ALLEY 402-A
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 124
(CENTRAL BALBOA ISLAND — PHASE 2)
CONTRACT NO. 9451-2
INTRODUCTION
All work necessary for the completion of this contract shall be done in accordance with
(1) these Special Provisions; (2) the Plans; (3) the City's Design Criteria, Standard Special
Provisions and Standard Drawings for Public Works Construction, (2021 Edition),
including Supplements; (4) Standard Specifications for Public Works Construction (2015
Edition) including supplements. The City's Design Criteria, Standard Special Provisions
and Standard Drawings for Public Works Construction are available at the following
website:
http://www.newportbeachca.gov/government/departments/public-works/resources
Copies of the Standard Specifications for Public Works Construction may be purchased
online at www.bnibooks.com/products/standard-specifications-public-works-construction
or call 888-BNI BOOK (888-264-2665).
The following Special Provisions supplement or modify the Standard
Specifications for Public Works Construction as referenced and stated hereinafter:
PART 1 - GENERAL PROVISIONS
SECTION 1 — TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND
SYMBOLS
1-2 TERMS AND DEFINITIONS
Add the following definition:
City — City of Newport Beach
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SECTION 2 - SCOPE AND CONTROL OF THE WORK
2-1 AWARD AND EXECUTION OF THE CONTRACT
At the time of the award and until completion of work, the Contractor shall possess a
Class A, General Engineering, Contractor's license. At the start of work and until
completion of work, the Contractor and all Subcontractors shall possess a valid Business
License issued by the City.
Contractor must have past or present experience working directly for the Southern
California Edison Company (SCE) constructing underground civil improvements in order
to qualify for this contract.
2-5 PLANS AND SPECIFICATIONS
2-5.1 General
Add the following. -
The included plans have been prepared by the three utility companies (Southern
California Edison Company, AT&T Telephone, and Spectrum). The intent of the project
is to use a joint trench to place electrical, telephone and cable television in the ground
within the public right-of-way and easements as shown on the plans.
The design for the use of joint trench was not optimized or even addressed in some areas.
Contractor shall resolve such inconsistencies by identifying a joint trench alignment from
the alternatives presented by the owning utilities and then placing all utilities into this joint
trench. The resolution of these inconsistencies shall be considered included in the lump
sum cost for the work and shall include but not be limited to realignment of main conduit
runs, vaults, handholes, pullboxes, risers, service laterals and related facilities. The only
exception to this requirement shall be in such places that a joint trench cannot be used
because of physical constraints, utility companies design or operational characteristics,
safety or where otherwise prohibited by law or other regulation(s).
Such coordination work shall be performed in advance of actual construction to allow the
utility companies time to provide input. Such work shall also include coordination
necessary to align or realign that proposed facilities with existing utilities (such as water,
sewer, storm drain, among others) that may be in conflict with the proposed facilities.
Note that the advance notice requirements for utility mark -out has been extended to allow
Contractor time to plan out the route of the joint trench along the various streets and utility
corridors. Do not commence trench excavation until the City's representative has had an
opportunity to review and provide input on the final joint trench location and alignment.
For undergrounding of AT&T and Spectrum facilities, the Contractor shall comply with
AT&T and Spectrum specifications included in the Appendices of these Specifications.
Although the Spectrum plans may not clearly specify, please note that a Spectrum service
will be required at every property where SCE and AT&T plans show a new underground
service lateral.
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2-5.2 Precedence of Contract Documents
If there is a conflict or discrepancy between different Contract Documents, the more
stringent requirement as determined by the Engineer shall control.
2-6 WORK TO BE DONE
The work necessary for the completion of this contract includes, but is not limited to,
mobilization, traffic control, water pollution control, potholing and field verifications of
existing utilities, trench construction, dewatering, removing an abandoned 12-inch cast
iron water main in Alley 402-A, furnishing and installing conduit with poly -pull ropes
including service lateral runs, utility pullboxes, handholes, vaults and all associated items
necessary for the conversion of existing overhead electrical power, telephone, and cable
television services to underground locations as required and intended by the Plans,
Specifications, and further specified by Southern California Edison, AT&T and Spectrum
standards within UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 124
(PHASE 2). Any costs resulting from work performed that was directed by Southern
California Edison, AT&T and Spectrum engineers, inspectors or other personnel will not
be compensated unless said work was approved by the Engineer prior to work
commencing. Contractor shall perform all trenching, backfill, pavement restoration,
resurfacing and replacement of existing improvements (public or private including but not
limited to driveways, fences, walls, signs, landscaping, mailboxes, and other such items)
associated with or resulting from the work identified herein.
In areas where SCE plans show existing handholes are being upsized to accommodate
additional conduits or where new conduits are being installed to accommodate the
undergrounding efforts, SCE handhole and intercept work shall be included in the
Contractor's bid, however the SCE source contractor for this area (Arizona Pipeline) will
be required to install all handholes and intercept vaults where live or dead electrical wires
are to be encountered at service handhole and intercept locations. SCE requests that at
least three locations be made available when Arizona Pipeline's efforts are required.
Contractor is required to give (7) seven calendar days' notice of planned service hand
hole or intercept efforts required by Arizona Pipeline.
Limits of construction for alleys adjacent to the North Bay Front Alleys shall be limited to
10-feet short of the existing right-of-way line as previous utility undergrounding
construction (Phase 0) has extended all sweeps into the (Phase 2) North/South "T" alleys.
Refer to the attached exhibit (Appendix G) showing these limits adjacent to the North Bay
Front Alleys.
There are two existing locations within AD 124 (Phase 2) that will require boring
underneath the sidewalk to extend underground services to homes nonadjacent to alleys.
The contractor shall include in their bid a $25,000 allowance for this work.
Sidewalk Borinq Locations:
1. 1109 Balboa Avenue
2. 200 Apolena Avenue
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The allowance will be in addition to the lump sum bids and expended at the discretion of
the Engineer. Any funds not expended from this allowance will not be paid to the
Contractor.
As part of this contract, the contractor will be required to use JPT Construction, of Newport
Beach, CA for this easement work:
JPT Construction
409 62"d Street
Newport Beach, CA 92663
(714) 336-1966
Also, part of this package will include sewer main point repairs to rehabilitate broken or
deteriorated sewer mains and manholes located on Balboa Island. The contractor shall
include in their bid a $100,000 allowance for these repairs. The allowance will be in
addition to the lump sum bids and expended at the discretion of the Engineer. Any funds
not expended from this allowance will not be paid to the Contractor.
As part of this contract, the contractor will be required to use GCI Construction, Inc. of
San Clemente, CA for this sewer main point repair work:
GCI Construction, Inc.
1031 Calle Recodo
San Clemente, CA 92673
(714) 957-0233
Additionally, part of this bid package includes removing an abandoned 12-inch cast iron
water main in Alley 402-A. This work includes excavating, removing and disposing of the
12-inch water main; and trench restoration, including placing and compacting backfill and
6-inch minimum hot -mix asphalt. Refer to the attached exhibit (Appendix H) showing the
location of the existing water main and the work required for this item. The Contractor
shall include this work as part of their lump sum bid.
Contractor may include standard markups for both of these sub -contracting efforts.
2-9 SURVEYING
2-9.1 Permanent Survey Markers
Delete the second paragraph and replace with the following: The contractor shall include
in their bid a $150,000 allowance for survey work detailed below in AD-124 (Phase 2).
The allowance will be in addition to the lump sum bids and expended at the discretion of
the Engineer. Any funds not expended from this allowance will not be paid to the
Contractor.
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As part of this contract, the contractor will be required to use Coast Surveying, Inc. of
Tustin, CA for the survey work:
Coast Surveying, Inc.
15031 Parkway Loop, Suite B
Tustin, CA 92780-6527
(714) 918-6266
The Contractor shall submit to the Engineer, a minimum of 7 days prior to the start of
work, a list of controlling survey monuments which may be disturbed. The Contractor will:
a) set survey points outside the affected work area that reference and locate each
controlling survey monument that may be disturbed,
b) file a Corner Record or Record of Survey with the County Surveyor after setting
the survey points to be used for re-establishment of the disturbed controlling
survey monuments, and
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 contact the City's representative in the field to confirm
that the existing monument has been located, can be removed and the Contractor shall
restore the affected survey monuments at his sole expense. If the monument has not yet
been located and prior to excavating trenches, Contractor shall allow not more than 2
days for City to locate the monument and tie it out. The Contractor's Licensed Surveyor
shall file the required Corner Record or Record of Survey with the County Surveyor upon
monument restoration. The cost of any replacement work resulting in a failure by
Contractor to notice the City or City's surveyor of the existing monument(s) or allow
reasonable time to tie the monument out, shall be deducted from payment(s) due to
Contractor.
Existing street centerline ties and property corner monuments are to be preserved. The
Contractor shall be responsible for the cost of restoring all survey ties and/or monuments
damaged by the Work.
2-9.2 Survey Service
Delete this section and replace with the following:
The underground cable and conduit system will not be staked for line or grade. It shall
be the Contractor's responsibility to determine the depth of trenching required to maintain
the minimum cover required by the utility owner in paved and unpaved areas and also to
avoid interference with existing utility lines, mains and services. The drawings may or may
not indicate construction of a joint trench in which to place the utilities. Except for service
laterals, connections and adjustments to construct vaults, risers, or other such boxes, the
intent of this contract is to place the existing overhead utilities underground in a single
joint trench. The Contractor will ensure that the location of new work is within the right of
way and/or easements of abutting and affected properties.
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SECTION 3 - CHANGES IN WORK
3-3 EXTRA WORK
3-3.2 Payment
3-3.2.2 Basis for Establishing Cost
3-3.2.2.3 Tool and Equipment Rental
Tool and equipment rental rates shall be based on the current Caltrans rental rates.
3-3.2.3 Markup
3-3.2.3.1 Work by the Contractor
Delete this section and replace with the following: The following percentages shall be
added to the Contractor's costs (prior to any markups) and shall constitute the markup for
all overhead and profit:
1) Labor ............................................ 15
2) Materials ....................................... 15
3) Equipment Rental ........................... 15
4) Other Items and Expenditures ........... 15
3-3.2.3.2 Work by a Subcontractor
Delete this section and replace with the following: When all or any part of the extra work
is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be
applied by the Subcontractor to the actual costs (prior to any markups) and shall constitute
the markup for all overhead and profit. An additional markup of five (5) percent of the
subcontracted actual cost (prior to any markups) may be added by the Contractor.
To the sum of the costs and markups provided for in this subsection, one (1) percent may
be added for compensation for bonding.
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
4-1.3.1 General
All material and articles furnished by the Contractor shall be subject to rigid inspection,
and no material or article shall be used until it has been inspected and accepted by the
Engineer. The Contractor shall furnish the Engineer with full information as to the
progress of the work in its various parts and shall give the Engineer timely (48-hours
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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
5-1.1 General
The location of existing underground utilities or substructures was determined from a
search of each of the utility company's records. No guarantee is made or implied that the
information is complete or accurate. The Contractor shall excavate, expose and protect
all high -risk underground facilities. The Contractor is responsible for, and shall at his or
her expense, pothole all existing utilities which may be affected by the work to verify points
of connection and potential conflicts. No segment of work shall begin until the contractor
has potholed and verified points of connection and related connection material
requirements and coordinated the final/existing layout of the laterals/pipeline with the
Engineer, including adjustments due to field conflicts with other utilities or structures
above or below ground. It shall further be the Contractor's responsibility to modify any
trench alignment - including conduit depth and structure alignment— necessary to protect
and provide required minimum cover and clearance from existing underground utilities or
structures. The cost of any re -alignment necessary to complete the work will be
considered as part of the conduit and structure installation.
Within seven (7) calendar days after completion of the work or phase of work, the
Contractor shall remove all USA utility markings by a method that does not damage
existing surfaces. Removal by sand blasting is not allowed. Any surface damaged by
the removal effort shall be repaired to its pre -construction condition or better at the
contractor's expense.
The Contractor shall notify the owners of all utilities and substructures as set forth in
Section 7-10 Public Convenience and Safety of the Standard Specifications and these
Special Provisions.
The plans are schematic in nature. Contractor shall furnish and install all conduit required
per the plans or the standards of the utility companies including bends, couplings, and
pole risers and encase with concrete where shown on the plans. All conduits shall have
'/4 inch polypropylene pull rope installed including all service lateral runs to property line
or other such designated point(s).
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Stake or otherwise mark the terminus point of all conduit runs not terminating in a junction
box, handhole or other such structure. Use a nail, metal stake, rebar or spike flush with
the ground with orange or red colored flagging or paint (in paved areas) to depict the
terminus of the conduit. Secure the conduit ends with tape or other such plug to avoid
contamination.
5-2 PROTECTION
Insofar as practicable during the progress of the work, no pipeline, conduit, sewer, culvert,
storm drain, drainage ditch, flood control channel, pole line, street lighting system,
overhead wires or cables, or underground wires or cables, either main line structures or
laterals and services, or any other structure or facility, shall be disturbed, but all should
be supported and protected against injury and maintained in good operating condition at
the expense of the contractor. In no case shall any such property be disturbed or removed
without the consent of the Owner. The Contractor shall be responsible for and make good
all damage due to his operations. All operations of the contractor affecting flood control
channels and drainage ditches, and the restoration thereof, shall conform to the
requirements of the agency having jurisdiction.
All services shall be maintained throughout the course of the construction. In the case of
a disruption of service, Contractor shall work diligently to restore the service with minimum
outage and disruption.
In the event that an existing pull box, meter box or any other utility box is damaged by the
Work and is not re -useable, the Contractor shall provide and install a new replacement
pull box, meter box or any other utility box of identical type and size at no additional cost
to the City. Tunneling under existing water meter boxes will not be allowed.
5-2.1 Abandoned Utilities
The contractor shall include in their bid a $100,000 allowance in AD-124 (Phase 2) for
removal of abandoned utilities that interfere with proposed improvements that shall be
compensated on a time and material basis at the direction of the City. The allowances
will be in addition to the lump sum bids and expended at the discretion of the Engineer.
Any funds not expended in this allowance will not be paid to the Contractor. Only work
deemed unknown by the Engineer during construction will be paid to the Contractor on a
Time & Materials basis.
5-2.2 Protection of Existing Utility Crossings
The contractor will protect and prevent damage to existing city sewer mains and laterals,
water mains and water service crossings during construction from potential hits/damages,
trench settlement, compaction and other construction activities and be responsible to
repair damages per City standards.
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5-4 RELOCATION
Utility relocations will be required within Assessment District No. 124 (Phase 2), as a
result of the undergrounding improvements. Contractor shall coordinate with Southern
California Edison, AT&T and Spectrum to schedule the noted relocations of utility
pedestals, and adjustments/replacement of vault lids.
Contractor shall field verify that existing sewer lateral cleanouts do not interfere with
proposed conduit trench locations as shown on plans. Any interfering sewer lateral
cleanouts shall be relocated to back of property line per City Std 406-L.
All City owned pull boxes, water meter boxes, water valve boxes, sewer cleanout boxes
and survey monument boxes (collectively known as "utility boxes") which are affected by
the Work shall be replaced to finish grade with new utility boxes. City will provide utility
boxes at no charge to the Contractor.
SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
Prior to issuing the Notice to Proceed for the Work, the Engineer will schedule a pre -
construction meeting with the Contractor to review the proposed construction schedule
and delivery dates, arrange utility coordination, discuss construction methods, discuss
employee parking of personal vehicles, discuss construction staging areas and clarify
inspection procedures.
6-1.1 Construction Schedule
The anticipated Notice to Proceed for this contract will be January 13, 2025. No work
shall begin until a Notice to Proceed has been issued, a pre -construction meeting has
been conducted, and a schedule of work has been approved by the Engineer. The
Contractor shall submit a baseline schedule and cost breakdown, in bar chart form
showing the proposed dates of commencement and completion cost of each of the
various parts of the work and the anticipated amount of each monthly payment that will
become due the Contractor in accordance therewith, to the Engineer for approval a
minimum of five (5) working days prior to the pre -construction meeting. The schedule
shall be supported by written statements from each supplier of materials or equipment
indicating that all orders have been placed and acknowledged and setting forth the dates
that each item will be delivered.
The Engineer will review the baseline schedule and may require the Contractor to modify
the schedule to conform to the requirements of the Contract Documents. If work falls behind
the approved baseline schedule, the Contractor shall be prohibited from starting additional
work until Contractor has exerted extra effort to meet the baseline schedule and has
demonstrated the ability to maintain the schedule in the future. Such stoppages of work
shall in no way relieve the Contractor from the overall time of completion requirement, nor
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shall it be construed as the basis for payment of extra work because additional personnel
and equipment were required on the job.
Contractor shall update the schedule periodically or as directed by the Engineer to reflect
any delay or extension of time. In addition, Contractor shall prepare 2-week look -ahead
schedules on a bi-weekly basis with detailed daily activities.
6-7 TIME OF COMPLETION
6-7.1 General
The Contractor shall complete all work under the Contract within Three Hundred (300)
consecutive working days after the date on the Notice to Proceed. The Contractor shall
ensure the availability and delivery of all material prior to the start of work. Unavailability
of material will not be sufficient reason to grant the Contractor an extension of time.
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 6:00 p.m. on Saturdays only. A request for working
outside the normal working hours must be made at least 72 hours in advance of the
desired time period. A separate request must be made for each work shift. The Engineer
reserves the right to deny any or all such requests. Additionally, the Contractor shall pay
for supplemental inspection costs of $146 per hour when such time periods are approved.
6-7.2 Working Days
The following days are designated City holidays and are non -working days:
1. January 1st (New Year's Day)
2. Third Monday in January (Martin Luther King Day)
3. Third Monday in February (President's Day)
4. Last Monday in May (Memorial Day)
5. July 4th (Independence Day)
6. First Monday in September (Labor Day)
7. November 11th (Veterans Day)
8. Fourth Thursday and Friday in November (Thanksgiving and Friday after)
9. December 24th, (Christmas Eve)
10. December 25th (Christmas)
11. December 26th thru 30th (City Office Closure)
12. December 31 st (New Year's Eve)
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If the holiday falls on a Sunday, the following Monday will be considered the holiday. If
the holiday falls on a Saturday, the Friday before will be considered the holiday.
The Contractor will be allowed to perform construction activities between May 26t"
(Memorial Day Holiday) and September 1st (Labor Day Holiday), which is normally
restricted. However, Contractor should take note of this busy summer season period and
may elect not to work. The working days allowed for the project will not accrue if the
contractor choses to shut their operation during that period or any portion of that period.
6-8 COMPLETION, ACCEPTANCE, AND WARRANTY
Prior to acceptance of work, the Contractor shall submit a full-size set of as -built plans to
the Engineer and the utility inspector(s) for approval prior to final payment or release of
any bonds. Retention payment and bonds will not be released until the as -built plans are
reviewed and approved by the Engineer. A set of approved plans and specifications shall
be on the job site at all times. The Contractor shall maintain as -built drawings of all work
as the job progresses. A separate set of drawings shall be maintained for this purpose.
These drawings shall be up-to-date and reviewed by the Engineer at the time each
progress payment is submitted. Any changes to the approved plans that have been made
with approval from the Engineer shall be documented on the as -built plans.
The Contractor shall maintain books, records, and documents in accord with generally
accepted accounting principles and practices. These books, records, and documents
shall be retained for at least three (3) 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.
6-9 LIQUIDATED DAMAGES
For each consecutive calendar day after the time specified in Section 6-7.1 for completion
of the work, the Contractor shall pay to the City or have withheld from moneys due it, the
daily sum of $1,000.00. Execution of the Contract shall constitute agreement by the City
and Contractor that the above liquidated damages per calendar day is the minimum value
of the costs and actual damage caused by the failure of the Contractor to complete the
Work within the allotted time.
The intent of this section is to emphasize to the Contractor the importance of prosecuting
the work in an orderly preplanned continuous sequence so as to minimize inconvenience
to residences, businesses, vehicular and pedestrian traffic, and the public as a result of
construction operations.
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR
7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES
7-1.2 Temporary Utility Services
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If the Contractor elects to use City water, Contractor shall arrange for a meter and tender
a $973.00 meter deposit with the City. Upon return of the meter to the City, the deposit
will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for
water usage and any repair charges for damage to the meter.
Water used during construction shall be paid for by the Contractor. This includes water
for flushing and pressure testing water lines, compaction, dust control, irrigation during
maintenance period for landscaping, etc.
City shall designate to the Contractor the location of the fire hydrant or other connection
acceptable for drawing of construction and temporary water. City reserves the right to
limit the location, times and rates of drawing such water.
7-2 LABOR
7-2.2 Prevailing Wages
Add the following:
In accordance with California Labor Code Section 1720.9, hauling and delivery of ready -
mixed concrete for public works contracts are subject to prevailing wages.
7-5 PERMITS
The text of Subsection 7-5 of the Standard Specifications is hereby deleted and replaced
with the following. -
The Contractor and all subcontractors shall each be licensed in accordance with State
Business and Professions Code. The Contractor, at its own cost, shall also obtain any
and all other permits, licenses, inspections, certificates, or authorizations required by any
governing body or entity.
The Contractor shall pay all costs incurred by the permit and license requirements, unless
specified in this section.
All groundwater, pipeline dewatering and flushing shall be discharged to the nearest
sewer facility. When the discharge to the sewer system is not feasible, the Contractor
may discharge to the storm drain by meeting the reporting requirements of the City's
NPDES diminimus construction permit.
The Contractor will be required to apply for a Special Purpose Discharge Permit from the
OCSD for discharging of all groundwater, pipeline dewatering and flushing to the nearest
sewer facility. A copy of the Application Form, Certification of Accuracy of Information,
Sewer Connection Verification Statement, Certification of Responsible Officer and Option
to Designate Signatory are attached as Appendix B. The Contractor will need to obtain
this permit and comply with all of its requirements in order to discharge to the nearest
sewer facilities. The permit fee is $2,427.56 and shall be paid by the Contractor. The
Contractor shall allocate a minimum of fifteen (15) working days for this process. The
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Contractor will be required to analyze a representative sample of the groundwater to be
dewatered by the Project, for Total Toxic Organics (TTO's), Volatile Organic Compounds,
Selenium, Heavy Metals, Arsenic, and Total Dissolved Solids (as a minimum). In cases
where chlorine addition is used for disinfection, the Contractor shall also monitor for
chlorine.
The Contractor will be required to install and maintain a desilting tank for settling and
removal of solids in the groundwater before discharge to the sewer mains. Contractor will
be required to install a flow meter on the discharge line from the desilting tank. The meter
shall have a known accuracy of ±5%, and upon commencement of construction
dewatering, the Contractor must report volume totals to OCSD on a weekly basis. A
sample port with valve assembly shall be installed on the discharge line from the desilting
tank, and in an accessible location for subsequent sampling by both the Contractor and
OCSD.
The Contractor will be prohibited from discharging during a rain/storm event. The
Contractor shall conduct monitoring of the groundwater discharge as specified for the
purpose of determining the status of compliance and suitability for discharge. For the
purpose of monitoring the groundwater discharge associated with the Project, the
Contractor shall collect grab samples from the desilting effluent discharge within the first
week upon commencement of the discharge, and lastly, approximately one month before
project shutdown. The constituents to be analyzed will include heavy metals (chrome,
copper, nickel, zinc), plus arsenic and selenium (by EPA method 601013), total suspended
solids, and total toxic organics (by EPA method 624). Copies of all sampling results/lab
reports must be submitted to OCSD within 15 days of the sampling date.
The project site is less than 1 acre, therefore, the preparation of a SWPPP is not required.
The statewide general NPDES permit does not apply either to this project."
7-7 COOPERATION AND COLLATERAL WORK
City forces will perform all shutdowns of water, sewer and storm drain facilities as
required. The Contractor shall provide the City advanced notice a minimum of seven
calendar days prior to the time contractor desires the shutdown of these City facilities.
A four-hour shutdown of water facilities during the daytime hours of 10:00 a.m. to 2:00
p.m. or a six -hour shutdown between the nighttime hours of 11:00 p.m. to 5:00 a.m. will
be allowed. The Contractor will be responsible for completing all water connections within
the time period allowed. The times and dates of any utility to be shutdown must be
coordinated with the Engineer. It is the Contractor's responsibility to notify the affected
businesses and residents of the upcoming water shutdown with a form provided by the
Engineer at least 48 hours in advance of the water shutdown.
The Contractor is required to cooperate with utility companies and must coordinate work
with utility company operations at no additional cost to the City.
7-8 WORK SITE MAINTENANCE
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7-8.1 General
The construction sites must be swept clean at the end of each workday. No unauthorized
debris from the construction project site will enter the City's storm drain system, either
through Contractor's forces or by any subcontractors of the Contractor, without prior
written approval by the Engineer.
7-8.4 Storage of Equipment and Materials
7-8.4.2 Storage in Public Streets
Construction materials and equipment may only be stored in streets, roads, or sidewalk
areas if approved by the Engineer in advance. It is the Contractor's responsibility to
obtain an area for the storage of equipment and materials. The Contractor shall obtain
the Engineer's approval of a site for storage of equipment and materials prior to arranging
for or delivering equipment and materials to the site. Prior to move -in, the Contractor
shall take photos of the laydown area. The Contractor shall restore the laydown area to
its pre -construction condition. The Engineer may require new base and pavement if the
pavement condition has been compromised during construction.
The Orange County Sanitation District (OCSD) Plant No. 2 located in Huntington Beach
may be available for use as a staging area. It will be the contractor's responsibility to
adhere and comply to the following OCSD conditions:
This use of the OCSD staging area is for a period of 54-months from June 2024
through December 2028. At any given time and without any specific reasons,
OCSD will provide a 5-day notice or immediate notice to the City and City's
Contractor to demobilize, restore the area to its previous condition and vacate the
area assigned by OCSD.
2. City's Contractor will maintain insurance requirements required by OCSD
throughout the entire period that is occupying the staging area at Plant No. 2.
3. Prior to mobilization, City's Contractor shall take photographs of condition of
staging area and submit to the City and OCSD for record purposes to restore area
to previous conditions.
4. City's Contractor parking is not allowed in the staging area designated by OCSD.
There shall be no parking of Contractor's employee and personal vehicles on the
public streets (i.e. along Brookhurst Ave near Plant No. 2).
5. For the Staging Area, the City's Contractor shall provide privacy screen on the
security fence surrounding the areas. The vision screening shall be clean green
material in good condition, ninety (90) percent visibility blockage minimum, double -
thick folded edge, securely attached to the fencing using grommets on all four
sides. Privacy screen shall extend at least six feet high or to the top of fence,
whichever is less. Screen and attachment shall be designed to withstand a wind
speed of 50 miles per hour.
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6. City's Contractor shall accommodate work performed by other Contractors at Plant
No. 2.
7. City's Contractor shall comply with all Storm Water Pollution Prevention
Requirements and shall install required BMPs. OCSD might direct the City and
City's Contractor to install or maintain certain BMPs within their staging area. City's
Contractor shall comply within 24-hrs of OCSD's request. There will be no dirt
tracking within Plant No. 2 and in any public streets used as hauling routes.
Contractor will have a street sweeper available at all times.
8. The provided area shall be for staging of construction equipment and materials
only. Additionally, work involving coatings, hot work, grinding, sandblasting and
other work activities is prohibited.
9. Noise generated by the Contractor in or around the Plant 2 facility shall be kept
below 55db anytime outside of the hours of Monday through Friday 7:00 am to
5:00 pm. No work will take place on Saturdays and Sundays.
10. Access to Plant No. 2 / Security:
a. The CONTRACTOR shall make adequate provisions for protection of the
work area against fire, theft, and vandalism, and for protection of public
against exposure to injury.
b. The CONTRACTOR shall be responsible for protection of the Project site,
and all Work, materials, equipment, and existing facilities thereon, against
vandals and other unauthorized persons.
c. No claim shall be made against OCSD by reason of any act of an employee
or trespasser, and the CONTRACTOR shall make good all damage to
OCSD's property resulting from CONTRACTOR's failure to provide security
measures as specified.
d. The CONTRACTOR shall provide security measures to protect OCSD's
existing facilities during normal operation, but shall also include such
additional security fencing, barricades, lighting, watchman services, and
other measures as required to protect the Project site.
e. All CONTRACTOR, SUBCONTRACTORS and truck delivery drivers shall
be required to sign in at the OCSD's security station at the Banning gate.
The CONTRACTOR shall coordinate the Banning gate security guard
coverage with Projects. The CONTRACTOR shall provide security
services at the Banning gate through the contracted security vendor
(Securitas) for all Work outside of normal scheduled working hours.
Refer to Appendix E for OCSD Plant No. 2 Staging Area Location Map and insurance
requirements.
Page 16 of 36
In addition, the Contractor may elect to use the Newport Dunes Marina & Resort Storage
area for equipment and material storage only. Refer to Appendix F for storage site use
requirements, privacy screen and security fencing requirements, monthly site rental fees,
and storage site exhibits.
7-8.6 Water Pollution Control
7-8.6.2 Best Management Practices (BMPs)
The Contractor shall submit a Best Management Practice (BMP) plan for containing any
wastewater or storm water runoff from the project site including, but not limited to the
following:
a. No placement of construction materials where they could enter storm drain system,
which includes gutters that lead to catch basins.
b. Checking construction vehicles for leaking fluids.
c. Providing a controlled area for cleaning or rinse -down activities.
d. Monitoring construction activities.
e. Minimizing usage of water when saw -cutting and vacuum the residue.
f. Providing measures to capture or vacuum -up water contaminated with construction
debris.
g. Removing any construction related debris on a daily basis.
h. Protecting work areas from erosion.
The BMP will be approved by the Engineer prior to any work. The City will monitor the
adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP
will result in immediate cleanup by City and back -charging the Contractor for all costs
plus 15 percent. The Contractor may also receive a separate administrative citation per
Section 14.36.030 of the City's Municipal Code.
Full compensation for water pollution control shall be considered included in the various
items of work and no additional compensation will be allowed therefore.
7-8.6.4 Dewatering
Add the following to the end of this section:
"Groundwater will be encountered during the excavation of the project for AD 124
(CENTRAL BALBOA ISLAND). The Contractorwill be responsible for providing, installing,
maintaining, and operating a (well -point) dewatering system in the project area when
groundwater is encountered. The contractor shall demonstrate experience with well point
dewatering systems and their in-house capabilities or list a dewatering subcontractor who
will perform these services. Lack of dewatering experience or not listing a qualified
dewatering sub -contractor will be grounds for bid rejection. The Contractor's dewatering
operations shall conform with all requirements of the OCSD's Special Purpose Discharge
Permit. See Section 7-5, as amended, for specific requirements. The elevation of free
Page 17 of 36
groundwater may vary depending on tides. For bidding purposes, the Contractor shall
assume that free groundwater will be encountered at all excavations over three feet of
cover.
The Contractor shall provide and maintain, at all times during construction, ample means
and devices to promptly remove and properly dispose of all water from any source,
including groundwater, and water migrating through the bedding of existing sewers or
storm drains or other existing utilities, entering the excavations. Costs for dewatering of
all water shall be the Contractor's responsibility and shall be included within the Linear
Foot Price for Project Dewatering and no additional compensation will be allowed
therefor.
The Contractor shall confirm that the receiving sewer system has the capacity to take the
estimated flows during dry and wet weather conditions and whether or not the water
quality is acceptable and will not cause any permit violations. The following discharges
are prohibited: oil, grease, fuel, sludge, trash, chemicals, and any other items which would
adversely affect water quality.
Water shall not be discharged into OCSD sewer facilities during a wet -weather storm
event.
For all dewatering operations, each disposal point shall have a calibrated, non-resettable
totalizing effluent flow meter with a flow accuracy of plus or minus 5 percent to track the
dewatering discharges. The Contractor shall submit weekly reports showing total amount
of discharge at each point with meter readings and other data necessary to support the
quantity reported.
Also, an accessible sample collection point shall be provided immediately upstream of all
points of discharge. The Contractor shall provide OCSD's Source Control staff and
Engineer unrestricted access to the facility and site to inspect, monitor, or verify
compliance with OCSD's Permit requirements.
All dewatering operations require the use of a desilting tank with a stainless -steel
sampling port and a drip container so that the Engineer may collect periodic dewatering
samples. Additionally, the desilting tanks shall be covered with sturdy and air -tight covers
so no odors can escape, and no illegal dumping is possible. The air -tight covers shall be
maintained throughout the dewatering period, and only removed when necessary for silt
removal or other maintenance activities. The desilting tank shall be located in a safe and
easily accessible location. The system used for desilting the water shall be a baffled
structure and shall provide not less than 5 minutes detention time and have a "flow -
through" velocity not exceeding 0.2 foot per second at the anticipated peak flow. The
desilting box shall be cleaned as required to maintain the detention time and flow -through
limitations specified above. The intent is to avoid any addition of soil materials from
dewatering operations into the receiving sewer system.
All dewatering operations with detectable levels of TTO's, or evidence of TTO's in the
extraction zone, or significant amounts of volatile organics, may require the use of
granular activated carbon (GAC) filters in lead -lag arrangement or other suitable
Page 18 of 36
technology to meet OCSD's TTO limit of 0.58 mg/L and mitigate a Lower Explosion Limit
(LEL) event. Note that additional particle filtration is typically provided upstream of the
GAC filters to prevent fouling and to extend the life of the carbon. The GAC filters shall
be equipped with a stainless -steel sampling port and a drip container on the final stage
discharge outlet so that the Engineer may collect periodic dewatering samples.
Additionally, the GAC filters shall be air -tight so no odors can escape, and no illegal
dumping is possible. The air -tight covers shall be maintained throughout the dewatering
period, and only removed when necessary for carbon change out or other maintenance
activities. The GAC filters shall be located in a safe and easily accessible location. Each
GAC filter shall provide enough detention time to meet OCSD's TTO limit of 0.58 mg/L.
The carbon shall be changed in the lead GAC filter when the TTO as measured in the
discharge of the lead GAC filter is at 0.58 mg/L, or as required. The GAC filters and
additional particle filtration equipment upstream of the GAC filters shall be cleaned as
required to maintain the detention time and flow -through limitations as specified above.
The intent is to avoid any addition of soil materials from dewatering operations into the
receiving sewer system or fouling of the GAC filter carbon media. The method of
pretreatment and point of disposal of water shall be subject to the District's Source Control
staff and the Engineer's approval."
If the contractor chooses to discharge construction site groundwater to the storm drain
system, the contractor will be required to submit weekly flow data and monthly sample
testing per the table shown below and meet all other requirements per the City's De
Minimis Waste Discharge Permit with the California Regional Water Quality Control
Board. For discharge points to the existing storm drain system, refer to Appendix D.
Parameter
Unit
Sample Type
Minimum
Required
Sampling
Analytical Test
Frequency
Method
Flow
Gpd
Measured
Each
See Note 1
discharge
event
Total
p9/L
Grab
Monthly
See Note 1
Petroleum
Hydrocarbons
Oil and Grease
m /L
Grab
Monthly
See Note 1
Total Residual
mg/L
Grab
Monthly
See Note 1
Chlorine
Total
mg/L
Grab
Monthly
See Note 1
Suspended
Solids
Total Inorganic
mg/L
Grab
Monthly
See Note 1
Nitrogen TIN
Sulfate
m /L
Grab
Monthly
See Note 1
H
Std. Units
Grab
Monthly
See Note 1
Total Dissolved
mg/L
Grab
Annually
See Note 1
Solids
Page 19 of 36
Arsenic Total
pg/L
Grab
Monthly
See Note 1
Recoverable
Cadmiun Total
pg/L
Grab
Monthly
See Note 1
Recoverable
Copper
pg/L
Grab
Monthly
See Note 1
Dissolved and
Total
Recoverable
Lead Dissolved
pg/L
Grab
Monthly
See Note 1
and Total
Recoverable
Mercury
ug/L
Grab
Monthly
See Note 1
Dissolved and
Total
Recoverable
Nickel Total
pg/L
Grab
Monthly
See Note 1
Recoverable
Selenium Total
Ng/L
Grab
Monthly
See Note 1
Recoverable
Zinc Dissolved
pg/L
Grab
Monthly
See Note 1
and Total
Recoverable
Notes:
All laboratory analyses shall be performed in accordance with test procedures
under 40 CFR 136 (revised as of September 27, 2017) "Guidelines Establishing
Test Procedures for the Analysis of Pollutants," promulgated by the USEPA,
unless otherwise specified in this MRP. In addition, the Santa Ana Water Board
and/or USEPA, at their discretion, may specify test methods that are more
sensitive than those specified in 40 CFR Part 136.
7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
Add the following. -
PAVING RESTORATION: Alley pavement restoration will be "trench width" only with 4-
inch thick of fine mix hot asphalt concrete flush with existing undisturbed alley. The City
will return later to repave (P.C.C.) concrete alley areas.
Final concrete pavement restoration for all street areas shall be T-trench per City
standards and shall be a minimum width of six (6) feet for all trenching in the area. For
trench lines that are within 2 feet of the curb/gutter or joint in alley, the existing concrete
pavement shall be removed and replaced to edge of gutter or alley score line in addition
to the trench line. For bidding purposes, City staff has estimated 12,000 square feet (SF)
for concrete restoration and eight (8) inch replacement thickness in streets.
Page 20 of 36
In addition, the Contractor is required to restore affected landscaping, hardscape and
irrigation, concrete curb and gutter, sidewalk, cross -gutters and alley approaches
impacted by the work as follows:
1. Curb and gutter — Any trench line that crosses under existing curb and gutter shall
be replaced with a minimum 10' linear foot length (generally 5' on each side of the
disturbed area) per City Standard Drawing No. STD-182.
2. Sidewalk — Any trench line that affects sidewalk, Contractor shall replace full -
panels per City Standard Drawing No. STD-180.
3. Cross gutters — Any trench that crosses under an existing concrete cross -gutters,
Contractor shall replace the cross gutter from joint to joint (on each side of the
disturbed area) per City Standard Drawing No. STD-185. Cross -gutters shall be
assumed 8-inches thick.
4. Alley approach — Contractor shall replace 6-foot minimum "T-trench width of all
impacted alley approach per City Standard Drawing No. STD-142. T-trench
restoration shall be assumed 18-inches on either side of trench line and concrete
alley approach shall be assumed 8-inches thick. If saw cut lines are within 3-feet
of a joint contractor shall replace concrete to the joint in addition to the minimum
6-foot width.
On cross -gutter, alley approach and street concrete restoration Contractor shall join
existing concrete improvements by core drilling % inch diameter epoxy coated rebar
dowels placed at 24-inches on center.
Private Improvements: Where private improvements appear to fall within the public right-
of-way, Contractor shall request City to confirm the location of the right of way or
easement line prior to removal of said improvements. In the event that subsurface,
surface, or overhead utilities, fences, structures, or other facilities are required to be
disturbed or removed to permit the construction of the improvements as provided
hereunder, such disturbance or removal shall be done only with the approval of the City
upon notification of the owner or owners involved by the City. The Contractor shall
coordinate his operations with those of the owner or owners concerned with the
disturbances or removal of facilities so as to minimize the inconvenience imposed on all
affected parties. Contractor shall not remove any improvements until such removal is
authorized by City. When authorized, improvements shall be removed in such a manner
as to leave a clean neat appearance. Existing landscaping, trees, hedges, or other such
items shall be pruned as necessary to allow for the work within the right of way without
impacting the health of the landscaping. If pruning is not a feasible, viable alternative, the
landscaping shall be removed in its entirety within the limits of the impact along that
particular fronting property.
The last paragraph of Subsection 7-9 of the Standard Specifications is hereby deleted
and replaced with the following:
All costs to the Contractor for protecting, removing, restoring, relocating, repairing,
replacing or reestablishing existing improvements as required above shall be considered
included in the lump sum and no additional compensation will be allowed therefore.
Page 21 of 36
7-10 PUBLIC CONVENIENCE AND SAFETY
7-10.1 Street Closures, Detours and Barricades.
Add to this section: The Contractor shall provide traffic control and access in accordance
with Section 7-10 of the Standard Specifications and the Work Area Traffic Control
Handbook (WATCH), also published by Building News, Inc.
Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must
be maintained at all times. The Contractor shall cooperate with the Engineer to 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)
The traffic control and detours must meet the following requirements:
1. Emergency vehicle access shall be maintained at all times.
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 minimal
inconvenience to the public.
3. All advanced warning sign installations shall be reflectorized and/or lighted.
4. The Contractor shall accommodate the City's trash collection. If the Contractor
elects to work on a street or alley during its trash collection day, it shall be the
Contractor's responsibility to make alternative trash collection arrangements by
contacting the City's Refuse Superintendent and all property owners. On trash
collection days, the refuse company will start trash collection for alleys under
construction at 7:00 AM.
5. Where work is performed, the contractor shall maintain a minimum one open
travel lane at all times, unless otherwise specified by the City. Provide two
flagmen around each excavation operation. Contractor will coordinate with the
City in the preparation of detour plans for the various phases of work allowing
only local resident traffic, if necessary.
6. Alleys can be closed to thru traffic, but pedestrian access shall be maintained
to garages at all times except when excavating immediately adjacent to them.
When excavation is immediately adjacent to garages, pedestrian access shall
be restored at the end of each work week unless otherwise approved by the
City. If necessary, the Contractor shall cover over the street sweeping "No
Parking" signs on the streets immediately adjacent to the alley(s) under
construction to allow for additional on -street parking with City provide "Permit
Page 22 of 36
Parking Only" signs. Contractor shall arrange to sweep all streets with covered
"No Parking" signs. In addition, the Contractor will distribute Parking Permits
to the impacted residents. Permits to be provided by the City.
7. All unutilized, non -construction related vehicles shall be legally parked.
8. The Contractor shall schedule all work in a fashion that minimizes
inconveniences to the public. The Contractor shall complete the underground
construction in one street/roadway/alley prior to moving to another. The
Contractor may have multiple crews, but no two adjacent streets or alleys may
be under construction at any one time.
9. Sidewalk closures shall be set with barricades and SIDEWALK CLOSED signs
on barricades at the closure and detour path signs provided.
7-10.2 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. In addition, it shall be the Contractor's
responsibility to notify the City Police Department's, Parking Control Division at (949) 644-
3717, for verification of posting at least forty-eight hours in advance of the need for
enforcement. The City of Newport Beach "Temporary Tow -Away, No Parking" signs
will be provided at no cost.
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 City prior to posting.
7-10.3 Street Sweeping Signs
After posting temporary "NO -PARKING -TOW AWAY" signs, the Contractor shall cover
street sweeping signs and parking meters, on those streets adjacent to the construction
with a "PERMIT PARKING ONLY" sign, in a manner approved by the Engineer. The
contractor shall also cover all street sweeping signs on the opposite side of the street
from where he has posted the "PERMIT PARKING ONLY" signs, in a manner approved
by the Engineer. Immediately after construction is complete and the alley is opened to
traffic, the Contractor shall remove all signs and uncover the street sweeping signs. City
of Newport Beach "PERMIT PARKING ONLY" signs are available from the
Engineer.
7-10.4 Notices to Residents and Temporary Parking Permits
Ten working days prior to starting work, the Contractor shall deliver a construction notice
to the adjacent residents, within 500 feet of the project, describing the project and
indicating the limits of construction. The City will provide the notice.
Page 23 of 36
Forty-eight hours prior to the start of any construction, the Contractor shall distribute to
the adjacent residents a second written notice prepared by the City clearly indicating
specific dates in the space provided on the notice when construction operations will start
for each block or alley, what disruptions may occur, and approximately when construction
will be complete. An interruption of work at any location in excess of 14 calendar days
shall require re -notification. The Contractor shall insert the applicable dates and times at
the time the notices are distributed. In addition to the forty-eight hour notice, the
Contractor shall hand out two Temporary Parking Permits to each residence adjacent to
the alley construction. The Temporary Parking Permits shall be filled out and signed by
the Engineer and valid during the period of construction of the adjacent alley only.
The written notices will be prepared by the City but shall be completed and distributed by
the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations
of the schedule will require Contractor re -notification using an explanatory letter furnished
by the City.
7-10.5 Steel Plates
Steel plates utilized for trenching shall be the slip resistant type per Caltrans Standards
and type that minimizes noise (NO Welded bead type). In addition, steel plates shall be
pinned and recessed flush with existing pavement surface when placed longer than one
day. All trenching on street areas shall be base paved daily or utilize steel plates as
defined here in.
SECTION 9 - MEASUREMENT AND PAYMENT
9-3 PAYMENT
9-3.1 General
Revise paragraph one and two to read: Contractor shall submit a detailed Schedule of
Values for the lump sum bid to the Engineer within 3 days after award of contract for
review and approval. The agreed upon Schedule of Values will be used as a basis for
monthly progress payments and will be agreed upon by the City and Contractor prior to
the Award of contract.
9-3.4 Mobilization.
Mobilization shall consist of preparatory work and operations including, but not limited to,
those necessary for the movement of personnel, equipment, materials and incidentals to
the project site necessary for work on the project and for all other work and operations
which must be performed or costs incurred including bonds, insurance, and financing prior
to beginning work on the various contract items on the project site.
Mobilization shall also include the cost, time and labor to move the necessary construction
equipment to and from the job site, supervisory time on the job by the Contractor's
Page 24 of 36
personnel to keep the construction site in a safe condition and all other related work as
required for all non -working days during the course of construction. Contractor is
responsible for securing an adequate storage site for equipment and materials.
The Contractor shall have on the work site at all times, as its agent, a competent English-
speaking superintendent capable of reading and thoroughly understanding the plans,
specifications, other related documents, and directions from the Engineer.
PART 2 - CONSTRUCTION MATERIALS
SECTION 200 — ROCK MATERIALS
200-2 UNTREATED BASE MATERIALS
200-2.1 General
Crushed Miscellaneous Base (CMB) shall be used as the untreated base material.
SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS
201-1 PORTLAND CEMENT CONCRETE
201-1.1 Requirements
201-1.1.2 Concrete Specified by Class and Alternate Class
Portland cement concrete shall be Class 560-C-3250 unless shown otherwise on the
plans.
201-2 REINFORCEMENT FOR CONCRETE
201-2.2 Steel Reinforcement
201-2.2.1 Reinforcing Steel
Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2-inch minimum
cover unless shown otherwise on the plans.
SECTION 203 — BITUMINOUS MATERIALS
203-6 ASPHALT CONCRETE
203-6.5 Type III Asphalt Concrete Mixtures
Asphalt concrete finish course shall be III-C3-PG 64-10 RAP. Asphalt concrete base
course shall be III-B2-PG 64-10 RAP.
Page 25 of 36
SECTION 214 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND
PAVEMENT MARKERS
214-4 PAINT FOR STRIPING AND MARKINGS
214-4.1 General
Temporary striping shall be Rapid Dry paint. Final striping shall be reflectorized
thermoplastic.
214-6 PAVEMENT MARKERS
All pavement markers shall comply with Section 85 of the State of California Standard
Specifications.
214-6.3 Non -Reflective Pavement Markers
214-6.3.1 General
All new non -reflective pavement markers Types A and AY shall be ceramic.
214-6.4 Retroreflective Pavement Markers
214-6.4.1 General
All retroreflective pavement markers shall be 3M Series 290 with glass -covered faces, or
approved equal.
Page 26 of 36
PART 3 - CONSTRUCTION METHODS
SECTION 300 - EARTHWORK
300-1 CLEARING AND GRUBBING
300-1.3 Removal and Disposal of Materials
Removal and disposal of material shall be done by City approved licensed and
Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be
found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and
then selecting the link for Franchised Haulers List.
300-1.3.1 General
The Contractor shall maintain the job site in a clean and safe condition. The Contractor
shall remove any broken concrete, debris or other deleterious material from the job site
at the end of each workday or as directed by the Engineer. All areas of roadway removal
and replacement shall have a minimum trench width of 3-feet to facilitate maximum
compaction. Contractor shall meet with the Engineer to mark out the areas of roadway
removal and replacement.
Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed
of at a facility that crushes such materials for reuse. Excess soil and other recyclable
solid wastes shall not be disposed of at a sanitary landfill.
The Contractor shall maintain monthly tonnage records of total solid wastes generated
and solid wastes disposed of at a sanitary landfill. The Contractor shall report said
tonnage monthly to the Engineer and provide appropriate confirmation documentation
from the recycling facility. All material disposal manifests shall be provided to the
Engineer prior to release of final retention.
The Contractor shall dispose of all excess or waste material and shall include all fees for
such disposal in the appropriate bid items.
300-1.3.2 Requirements
(c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveway, and Alley Intersections.
Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum
depth of two (2) inches. 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.
Page 27 of 36
SECTION 302 - ROADWAY SURFACING
302-5 ASPHALT CONCRETE PAVEMENT
302-5.1 General
The Contractor shall furnish all equipment, labor, and materials required to remove and
replace existing surface improvements in accordance with owning utilities Standard
Specifications and these Special Provisions.
Asphalt concrete for trench resurfacing shall be placed and rolled in accordance with the
Plans, City of Newport Beach Standard Drawing No. STD-106 (A-E), the Standard
Specifications and these Special Provisions.
Cutting and Removal: Asphaltic concrete pavement shall be cut in a neat and
workmanlike manner. Care shall be exercised so as to not damage adjacent pavement
or other improvements. Existing Portland cement concrete surfaces to be removed shall
be neatly sawcut.
Cut existing pavement to the dimensions shown on the City of Newport Beach Standard
Drawing No. STD-106 (A-E), the Standard Specifications and these Special Provisions.
All asphalt concrete and Portland cement concrete removed from trench and structure
excavations shall be removed from the site and disposed of by, and at the expense of,
the Contractor.
Subgrade Preparation: The subgrade shall be prepared by alternatively watering and
cultivating the material until it is uniformly moistened to optimum moisture content for a
depth of at least six (6) inches. The subgrade shall then be rolled with a steel roller or
rubber tired roller until it is compacted to not less than 95 percent of maximum density as
determined in accordance with ASTM D1556 or by nuclear methods, D 2922 or D 3017.
The resulting surface shall be firm, hard, and unyielding, with a true, even, and uniform
surface. Edges of existing pavement shall be sawcut to form a straight line.
Crushed Aggregate Base: Crushed aggregate base shall meet the requirements of
Section 200-2 and shall be constructed in accordance with Section 301-2.2 and 301-2.3
of the Standard Specifications. Place crushed aggregate base in accordance with the City
of Newport Beach Standard Drawing No. STD-106 (A-E), the Standard Specifications and
these Special Provisions.
Temporary Resurfacing: Temporary bituminous resurfacing shall be replaced and
maintained wherever excavations are made through pavement, sidewalk, or driveways.
Temporary resurfacing shall be minimum of two inches in thickness.
Aggregate for temporary resurfacing shall meet the requirements of Type II asphalt
concrete, Class D, Section 203-6.3 of the Standard Specifications. Bitumen shall be
Grade SC-800 liquid asphalt conforming to Section 203-2.4 of the Standard
Specifications.
Page 28 of 36
The mixture may be furnished from stockpiles or directly from the plant mixer and may be
laid cold, at the option of the Contractor. Temporary resurfacing shall be placed to the
grade of existing surfaces and rolled and compacted as soon as the condition of the
backfill is considered by the City to be suitable to receive such surfacing. The Contractor
shall maintain all temporary resurfacing in proper, usable condition until the permanent
resurfacing operations are to be commenced. Temporary resurfacing shall be removed
and disposed of by the Contractor.
302-5.4 Tack Coat
Where stipulated on the plans and specifications or required by the Engineer, a SS-1 h
type emulsified asphalt tack coat shall be applied. A tack coat may be used only when
approved by the Engineer.
302-5.8 Manholes (and Other Structures)
All manholes, water valve boxes, and utility boxes shall be temporarily lowered prior to
pavement cold milling. Upon completion of asphalt concrete finish course, the top of
manholes, water valve boxes, and utility boxes shall be adjusted to grade to meet the
smoothness requirement as specified in Section 302-5.6.2.
302-6 PORTLAND CEMENT CONCRETE PAVEMENT
302-6.7 Traffic and Use Provisions
The Contractor shall not allow vehicular traffic on new concrete until the concrete has
attained a minimum compressive strength of 3000 psi. High early strength concrete may
be attained to meet the time constraints by the use of 2% PolarSet portland cement mix
or other chemical admixtures in accordance with Section 201-1 and with prior approval of
the Engineer. The cost of high early strength concrete shall be included in the unit prices
for all concrete bid items.
SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION
303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY
INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS
303-5.1 Requirements
303-5.1.1 General
Sidewalks and curb access ramps shall be opened to pedestrian access on the day
following concrete placement. In addition, all forms shall be removed, irrigation systems
shall be repaired, and backfill or asphalt concrete patchback shall be placed within 72
hours following concrete placement.
Page 29 of 36
303-5.4 Joints
303-5.4.1 General
The Contractor shall sawcut parallel to the centerline of the alley, 2 feet along each side
of centerline, over the entire length of the alley. The Contractor may also sawcut the
property lines, adjacent to the alley, in lieu of scoring the pavement along the property
lines or constructing an edged cold joint. All sawcuts shall be made to a depth of 2 inches.
303-5.5 Finishing
303-5.5.2 Curb
The Contractor shall install or replace curb markings that indicate sewer laterals on the
face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer. A two
(2) day notice to the Engineer is required for requests to the City to determine the location
of sewer laterals.
303-5.5.4 Gutter
The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations
shown on the plan.
SECTION 306 — OPEN TRENCH CONDUIT CONSTRUCTION
306-1 GENERAL
This section includes specifications for trench excavation, construction of buried conduits,
testing, backfill, and resurfacing.
306-1.1 Pipe Laying
All conduit work shall be performed per the Plans, the Standard Specifications and these
Special Provisions. Contractor shall furnish and install conduit to utility company
specifications. Conduit work shall include all bends, couplings, sweeps, risers, fittings,
connections, and all necessary appurtenances. All conduits shall have '/4 inch
polypropylene pull rope installed including all service lateral runs to property line or other
such designated point(s). Stake or otherwise mark the terminus point of all conduit runs
not terminating in a junction box, handhole or other structure. Use a nail, metal stake,
rebar or spike flush with the ground with orange or red colored flagging or paint (in paved
areas) to depict the terminus of the conduit. Secure the conduit ends with tape or other
such plug to avoid contamination. Installation of pull rope in all conduits shall comply with
appropriate sizes and type per applicable utility company standards. Installation of plugs
and markers shall comply with the applicable utility company standards. Mandrel all
installed conduits to the satisfaction of the utility company inspector(s), including testing
and re-mandreling as necessary.
Page 30 of 36
306-3 TRENCH EXCAVATIONS
This section includes specifications for trench excavation, construction of buried conduits,
testing, backfill, and resurfacing.
Installation of underground utility facilities shall conform to the requirements per City
Standard Drawing No. STD-106-A, the Standard Specifications and these Special
Provisions.
Contractor shall submit trench shoring plan with design of shoring, sheeting, bracing or
other provisions. Trench shoring shall be prepared by a State of California -licensed Civil
or Structural Engineer. The acceptance of the trench shoring plans submitted is only an
acknowledgement of the submission and does not constitute review or approval of the
designs, design assumptions, criteria, completeness, applicability to areas of intended
use, or implementation of the plans, which are solely the responsibility of the Contractor
and it's California -registered Civil or Structural Engineer.
306-3.1 General
The Contractor shall perform all excavation necessary or required for the construction of
the improvements as shown on the drawings. Excavations shall include the removal and
disposal of all materials of whatever nature encountered, including all obstructions of
every nature that would interfere with the proper execution and completion of the work.
The work shall include all pumping, ditching, and other required measures for the removal
or exclusion of water.
Add the following subsection:
306-3.1.1 Trench Excavation and Subgrade
General: Trenches shall be excavated to a line and grade and be of a minimum width
necessary for proper conduit installation. Where exclusive trench work is needed, the
minimum conduit cover identified in each utility owner's current standard specification or
installation guide may be followed. All trenches called for to be excavated in a utility
easement which runs through private or public property shall be hand dug, unless
otherwise approved by the Engineer.
Except as otherwise provided herein, excavation for the improvements shall be in open -
cut trenches. The maximum length of open trench shall not be greater than 300 feet, or
the distance to accommodate the amount of conduit installed in a single day, whichever
is the lesser. The distance is the collective length including excavation, conduit laying and
backfill which has not been temporarily resurfaced.
Trench width shall be outside diameter plus twelve (12) inches minimum or outside
diameter plus twenty (20) inches maximum, including thickness of trench shoring or
sheeting in conformance with City Standard Drawing No. STD-106.
Page 31 of 36
Access to Trenches: Safe and suitable ladders which project two feet above the top of
the trench shall be provided for all trenches over five feet in depth. One ladder shall be
provided for each one -hundred feet of open trench, or fraction thereof, and be so located
that workmen in the trench need not move more than 50 feet to a ladder.
Public Access: Whenever required for the convenience of the public or individual
residents, at saw crossings, at private driveways, or elsewhere, the Contractor shall
provide suitable temporary bridges over unfilled excavations, except in such cases as the
Contractor shall secure the written consent of the individuals or public authorities
concerned to omit such temporary bridges. Contractor shall refer to Section 601-1 of the
Standard Specifications and these Special Provisions for steel plates for temporary
bridges.
Temporary Surfacing: Immediately after completion of backfilling in paved streets and
roadways, a two-inch layer of temporary asphalt concrete paving, the mix thereof to be
approved by the City, shall be placed and rolled over the backfill. Temporary surfacing
shall be of such quality and so placed and maintained as to provide a smooth surface
level with adjacent existing paving. At no time shall excavation operations advance ahead
of temporary paving by distance of 300 feet. Temporary surfacing shall remain in place
until permanent resurfacing is placed. All streets and roads used shall be kept free from
dust, mud, rocks, and gravel.
Drainage: The Contractor shall take care of drainage water from the construction
operations, and of storm water and wastewater reaching the site of the work from any
source. The Contractor shall be responsible for any damage to persons or property on or
off the right-of-way due to such drainage water or to interruption or diversion of such storm
water on account of his operations. Contractor shall refer to Section 7-8.6 of the Standard
Specifications and these Special Provisions for water pollution control.
Supports: Excavations shall be supported in a safe manner meeting the requirements of
the California Division of Industrial Safety. For supports for excavations five feet or greater
in depth, Contractor shall submit a trench shoring plan in compliance with Section 306-3
of the Standard Specifications and these Special Provisions.
Excess Excavation: Whenever excavation is made below the required trench bottom,
suitable and approved bedding material (in conformance with City Standard Drawing No.
STD-106 and Section 306-6 of the Standard Specifications) shall be used to bring the
trench back to proper grades. Properly moistened approved bedding material shall be
deposited in the trench in uniform layers not exceeding six (6) inches thick and compacted
to 90% minimum relative compaction. The material shall be compacted by use of power
driven tampers of an approved type and in a manner satisfactory to the Engineer. The
trench bottom shall then be prepared to receive the conduits or other such structures as
indicated by the plans.
Rock: Where rock or similar hard and unyielding material is encountered, the trench shall
be over excavated to provide a minimum of six (6) inches below all conduit and
accessories, and refilled to foundation grade with granular materials, suitable for bedding.
Page 32 of 36
Bell Holes: Conduit shall be laid only on properly prepared trench bottom shaped to
provide continuous contact with the pipe. Bell holes are not required.
Excess Material: Excess excavated material removed from site shall be disposed of by
the Contractor at his expense at a disposal site approved by the Engineer. The route
(through the City) for trucks hauling excess excavated material shall be approved by the
Engineer prior to removal of any material from the project area. The amounts, type, and
destination of disposed excess excavated material shall be properly documented in
writing to the City.
Compaction: After conduit installation, trench bedding and backfill shall include sand
shading and compaction to the satisfaction of the Engineer, in conformance to the project
plans, City Standard Drawing STD-106, Subsection 306-6 of the Standard Specifications,
and these Special Provisions. Select material taken from excavation shall be free from
stones or boulders larger than two inches in diameter, from chunks of pavement, and
from large unbroken masses of earth, free of tree roots, branches and sticks. Imported
granular backfill material shall be approved loose, granular materials, free from humus,
and having a sand equivalent of not less than 30 as determined by laboratory tests. The
Contractor, at their own expense, shall submit a certification of material quality to the
Engineer prior to placement.
Select or imported granular backfill shall be placed simultaneously on both sides of the
conduit and shall be completely worked around the conduit and consolidated by sluicing
or jetting with water. Before additional material is placed upon the portion of the backfill
consolidated by sluicing or jetting, an adequate interval of time, as determined by City,
shall be allowed to permit reduction of the water content to a degree affording maximum
practicable compaction. After the water has drained out as required, the Contractor shall
use water jets or other approved means to increase the consolidation until no further
consolidation can be obtained. Only material susceptible to satisfactory consolidation by
sluicing and jetting shall be used for granular bedding and backfill.
Material used for the remainder of the backfill above the top of the conduit shall be
selected from that removed from the excavation or shall be imported at the option of the
Contractor, brought to near optimum moisture content and compacted by jetting with
water or by mechanical equipment. Equipment used for compaction when earth cover on
the conduit is three (3) feet or less shall be rollers or vibratory tampers. Use of equipment
which compacts by impact will not be permitted.
306-3.1.2 Backfill of Trenches
Preparation: Prior to placing backfill, the area to receive the fill material shall be cleaned
to remove all trash and debris.
Materials: Material used for trench backfill shall be selectively taken from the excavation
or shall be imported granular material approved by the Engineer.
Placement and Completion: Where supports of any nature are used in the trench, said
supports shall be removed unless otherwise approved by the Engineer. Where tight
Page 33 of 36
sheeting is used, it shall be removed systematically as soon as practicable after backfilling
by pulling alternating pieces along each side of the trench, alternating also from one side
of the trench to the other.
Compaction: Structure and trench backfills shall be compacted to the specified relative
percent of the maximum dry density as determined by ASTM D1557. Compaction tests
performed in the field will be done in accordance with ASTM D1556 (sand cone) or by
nuclear methods, ASTM D2922 or D3017. The Contractor shall perform, at its sole
expense, all necessary testing to certify that material and sole compaction of the project
meet these specifications. The Contractor shall conduct and provide compaction test
results for every 150 linear feet of conduit from a lab approved by the Engineer.
Compaction test are at the expense of the Contractor. The Contractor shall make all
necessary excavations for compaction tests, as directed by the Engineer, and all work in
connection with compaction testing by the Contractor shall be included in the various
items of work and no additional compensation will be allowed therefore.
SECTION 314 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND
PAVEMENT MARKERS
314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT
MARKINGS
314-4.1 General
Temporary painted traffic striping and markings shall be applied in one coat, as soon as
possible and within 24 hours after the finish course has been placed.
314-4.2 Control of Alignment and Layout
314-4.2.1 General
The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be
responsible for the completeness and accuracy of all layout alignment and spotting. Traffic
striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans.
The Contractor shall mark or otherwise delineate the new traffic lanes and pavement
markings within 24 hours after the removal or covering of existing striping or markings. No
street shall be without proper striping over a weekend or holiday. Stop bars shall not remain
unpainted overnight. Any existing alley yellow right-of-way striping or white stop bars that is
removed due to trenching shall be replaced within 5 days of final paving operations.
314-4.4 Thermoplastic Traffic Striping and Pavement Markings
314-4.4.1 General
The final reflectorized thermoplastic striping shall not be applied until the finish course
pavement or slurry seal has been in place for at least 15 days. The thermoplastic shall
Page 34 of 36
be applied at 0.45 mm minimum thickness for all striping except crosswalks and limit lines
which shall be 0.90 mm minimum thickness.
If the Contractor fails to perform striping as specified herein, the Contractor shall cease
all contract work until the striping has been properly performed. Such termination of work
shall require the Contractor to re -install "NO PARKING, TOW -AWAY" signs and re -notify
the affected residents, at the Contractor's sole expense. In addition, if the Contractor
removes/covers/damages existing striping and/or raised pavement markers outside of the
work area, he shall re-stripe/replace such work items at no cost to the City.
314-4.4.2 Surface Preparation
Primer shall be applied to concrete surfaces prior in application of thermoplastic striping.
The primer shall be formulated for the intended application.
314-5 PAVEMENT MARKERS
314-5.1 General
Raised pavement markers shall not be placed until the finish course pavement or slurry
seal has been in place for at least 15 days.
Section 315 is hereby added as follows. -
SECTION 315 — PULL BOXES, HANDHOLES, UTILITY BOXES, VAULTS AND
COMPONENTS
315-1 GENERAL
The Contractor shall furnish and install all junction boxes and vaults as necessary or as
shown on the Plans, Standard Specifications, these Special Provisions and the Utility
Company's standards. If located in the roadway or traffic areas, traffic rated covers (to
meet H-20 loading) are required. All junction boxes, handholes, vaults pull boxes, and
components, such as vault covers, ladder, vents and vent pipes, shall meet or exceed the
requirements of the utility companies. Contractor shall lay out all junction boxed,
handholes, vaults, pullboxes, etc. to ensure that structures do not compromise street
integrity and are located out of drainage courses and street flowline. Layout to be
approved by the Engineer prior to construction.
Backfill Around Transformer Enclosures: Backfill between the transformer enclosures
and natural soil shall consist of a mixture of ten parts of sand to one part of Portland
cement. Water shall be added to the mixture to produce a slurry which will fill voids
when placed in the excavation.
Page 35 of 36
PART 6 - TEMPORARY TRAFFIC CONTROL
SECTION 601 — WORK AREA TRAFFIC CONTROL
601-1 GENERAL
The Contractor shall furnish and install signage, barricades, delineators, yellow
safety ribbons, up to two (2) changeable message signs (CMS), and any other
measures deemed necessary by the Engineer to safely direct the public around
areas of construction, and into and out of the affected areas. Messages for the
CMS shall be updated by the Contractor as directed by the Engineer.
Additionally, steel plates utilized for trenching shall be the slip resistant type per
Caltrans standards and capable of carrying H-20 wheel loading. Plates shall have
a minimum width equal to the excavation width plus 24 inches.
Contractor shall monitor the traffic control seven (7) days a week and provide an
emergency contact phone number to be used for after-hours during weekdays and
during weekends. Contactor is expected, as a minimum, to check the traffic control
devices in the mornings every day and be available for any emergency related
calls from the after-hours phone number.
Page 36 of 36
City of Newport Beach
Underground Utility Assessment District No. 124 (Central Balboa Island - Phase 2) (9451 =), bidding on 10/16/2024 9:30 AM (PDT)
Page I of 4
Printed 10/16/2024
Bid Results
Bidder Details
Vendor Name Asplundh Construction LLC
Address
7431 Walnut Ave.
Buena Park, California 90621
United States
Respondee
Adam Lederman
Respondee Title
Division Manager
Phone
562-509-7939
Email
aeederman@asplundh.com
Vendor Type
CADIR
License #
1028802
CADIR
1000OS2788
Bid Format Electronic
Submitted 10/16/2024 8:07 AM (PDT)
Delivery Method
Bid Responsive
Bid Status Submitted
Confirmation # 398689
Respondee Comment
Buyer Comment
Attachments
File Title
BID SUBMITTAL C-9451-2_ASPLUNDH CONSTRUCTION
LLC.pdf
Bid Bond C-9451-2 Asplundh Construction.pdf
Bid Bond C-9451-2 Asplundh Construction.pdf
File Name
BID SUBMITTAL C-9451-2_ASPLUNDH CONSTRUCTION
LLC.pdf
Bid Bond C-9451-2 Asplundh Construction.pdf
Bid Bond C-9451-2 Asplundh Construction.pdf
File Type
General
Attachment
Bid Bond
Bid Bond
Planel8ids
City of Newport Beach
Underground Utility Assessment District No. 124 (Central Balboa Island - Phase 2) (9451 2). bidding on 10/161_024 9:30 AM (PDT)
Page 2 of 4
Printed 10/1612024
Subcontractors
Showing 2 Subcontractors
Name & Address
DSC Construction
24441 HWY 74
Perris, California 92570
Rain For Rent
1301 East Spring Street
Long Beach, California 90806
Desc License Num
Saw -cutting 983303
Dewatering 904992
CADIR Amount Type
1000014165 $ 100,000.00
1000007030 $1,500,000.00
PlanetBids
City of Newport Beach
Underground Utility Assessment District No 124 (Central Balboa Island - Phase 2) (9451-2), bidding on 10/1012024 9:30 AM (PDT)
Page 3 of 4
Printed 10/1612024
Line Items
Discount Terms No Discount
Item # Item Code Type Item Description
Section 1
1 Underground utility Assessment District No. 124 (Central Balboa Island- Phase 2)
UOM QTY Unit Price Line Total Response Comment
$5,687,675.00
LS 1 $5,687,675.00 $5,687,675.00 Yes
PlanetBids
City of Newport Beach
Underground Utility Assessment District No. 124 (Central Balboa Island - Phase 2) (9451-2), bidding on 10/1612024 9:30 AM (PDT)
Page 4 of 4
Printed 10/1612024
Line Item Subtotals
Section Title
Section 1
Grand Total
Line Total
$5,687,675.00
$5,687,675.00
Planet8ids
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 124
(CENTRAL BALBOA ISLAND — PHASE 2)
CONTRACT NO. 9451-2
THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 19th day
of November, 2024 ("Effective Date"), by and between the CITY OF NEWPORT BEACH,
a California municipal corporation and charter city ("City"), and Asplundh Construction,
LLC, a New York limited liability company ("Contractor"), whose address is 708 Blair Mill
Road, Willow Grove, PA 19090, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City has advertised for bids for the following described public work: The work
necessary for the completion of this contract includes, but is not limited to,
mobilization, traffic control, water pollution control, potholing and field verifications
of existing utilities, trench construction, dewatering, removing an abandoned 12-
inch cast iron water main in Alley 402-A, furnishing and installing conduit with poly -
pull ropes, including service lateral runs, utility pullboxes, handholes, vaults and all
associated items, necessary for the conversion of existing overhead electrical
power, telephone, and cable, television services to underground locations as
required and intended by the Plans, Specifications, and further specified by
Southern California Edison, AT&T and Spectrum standards within
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 124, (PHASE 2). (the
"Project" or "Work").
C. Contractor has been determined by City to be the lowest responsible bidder and
Contractor's bid, and the compensation set forth in this Contract, is based upon
Contractor's careful examination of all Contract documents, plans and
specifications.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. CONTRACT DOCUMENTS
The complete Contract for the Project includes all of the following documents:
Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion
Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A),
Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and
Standard Drawings, Plans and Special Provisions for Contract No. 9451-2, Standard
Specifications for Public Works Construction (current adopted edition and all
supplements), and this Contract, and all modifications and amendments thereto
(collectively the "Contract Documents"), all of which are incorporated herein by reference.
The Contract Documents comprise the sole agreement between the parties as to the
subject matter therein. Any representations or agreements not specifically contained in
the Contract Documents are null and void. Any amendments must be made in writing,
and signed by both parties in the manner specified in the Contract Documents.
2. SCOPE OF WORK
Contractor shall perform everything required to be performed, and shall provide
and furnish all the labor, materials, necessary tools, expendable equipment and all utility
and transportation services required for the Project. All of the Work to be performed and
materials to be furnished shall be in strict accordance with the provisions of the Contract
Documents. Contractor is required to perform all activities, at no extra cost to City, which
are reasonably inferable from the Contract Documents as being necessary to produce
the intended results.
3. COMPENSATION
3.1 As full compensation for the performance and completion of the Project as
required by the Contract Documents, City shall pay to Contractor and Contractor accepts
as full payment the sum of Five Million Six Hundred Eighty Seven Thousand Six
Hundred Seventy Five Dollars ($5,687,675.00).
3.2 This compensation includes:
3.2.1 Any loss or damage arising from the nature of the Work;
3.2.2 Any loss or damage arising from any unforeseen difficulties or
obstructions in the performance of the Work; and
3.2.3 Any expense incurred as a result of any suspension or
discontinuance of the Work, but excludes any loss resulting from earthquakes of a
magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and
which loss or expense occurs prior to acceptance of the Work by City.
4. PROJECT MANAGER
Contractor shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable times during
the term of the Contract. Contractor has designated Adam Lederman to be its Project
Manager. Contractor shall not remove or reassign the Project Manager without the prior
written consent of City. City's approval shall not be unreasonably withheld.
5. ADMINISTRATION
This Contract shall be administered by the Public Works Department. City's Public Works
Director, or designee, shall be the Project Administrator and shall have the authority to
act for City under this Contract. The Project Administrator or designee shall represent
City in all matters pertaining to the Work to be rendered pursuant to this Contract.
Asplundh Construction, LLC Page 2
6. NOTICE OF CLAIMS
6.1 Unless a shorter time is specified elsewhere in this Contract, before making
its final request for payment under the Contract Documents, Contractor shall submit to
City, in writing, all claims for compensation under or arising out of this Contract.
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Contract except those previously made in writing
and identified by Contractor in writing as unsettled at the time of its final request for
payment. The Contractor and City expressly agree that in addition to all claims filing
requirements set forth in the Contract and Contract Documents, Contractor shall be
required to file any claim Contractor may have against City in strict conformance with the
Government Claims Act (Government Code 900 et seq.).
6.2 To the extent that Contractor's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Contractor to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined
in Public Contract Code section 9204 or any successor statute thereto, Contractor shall
be required to file such claim with the City in strict conformance with the Government
Claims Act (Government Code sections 900 et seq.).
7. WRITTEN NOTICE
7.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Contract shall be given in writing, and
conclusively shall be deemed served when delivered personally, or on the third business
day after the deposit thereof in the United States mail, postage prepaid, first-class mail,
addressed as hereinafter provided.
7.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attention: Director of Public Works
City of Newport Beach
Public Works Department
100 Civic Center Drive
Newport Beach, CA 92660
7.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Asplundh Construction, LLC Page 3
Attention: Adam Lederman
Asplundh Construction, LLC
708 Blair Mill Rd
Willow Grove, PA 19090
8. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor
nor its employees are to be considered employees of City. The manner and means of
conducting the Work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the express terms of this Contract. No civil
service status or other right of employment shall accrue to Contractor or its employees.
Contractor shall have the responsibility for and control over the means of performing the
Work, provided that Contractor is in compliance with the terms of this Contract. Anything
in this Contract that may appear to give City the right to direct Contractor as to the details
of the performance or to exercise a measure of control over Contractor shall mean only
that Contractor shall follow the desires of City with respect to the results of the Work.
9. BONDING
9.1 Contractor shall obtain, provide and maintain at its own expense during the
term of this Contract both of the following: (1) a Faithful Performance Bond in the amount
of one hundred percent (100%) of the total amount to be paid Contractor as set forth in
this Contract in the form attached as Exhibit B and incorporated herein by reference; and
(2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%)
of the total amount to be paid Contractor as set forth in this Contract and in the form
attached as Exhibit A and incorporated herein by reference.
9.2 The Faithful Performance Bond and Labor and Materials Payment Bond
shall be issued by an insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the State of California, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class
VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -
Casualty.
9.3 Contractor shall deliver, concurrently with execution of this Contract, the
Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy
of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance
Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the
State of California.
10. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Contractor on the Project.
Asplundh Construction, LLC Page 4
11. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
12. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Contract or for other periods as specified in the Contract Documents, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Contract, the services to be provided
under this Contract shall not be assigned, transferred contracted or subcontracted out
without the prior written approval of City. Any of the following shall be construed as an
assignment: The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Contractor, or of the interest of any general partner or joint
venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture
or syndicate or co -tenancy, which shall result in changing the control of Contractor.
Control means fifty percent (50%) or more of the voting power or twenty-five percent
(25%) or more of the assets of the corporation, partnership or joint -venture.
14. PREVAILING WAGES
In accordance with the California Labor Code (Sections 1770 et seq.), the Director
of Industrial Relations has ascertained the general prevailing rate of per diem wages in
the locality in which the work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the contract. A copy of said determination is
available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. All parties to the contract shall be
governed by all provisions of the California Labor Code — including, but not limited to, the
requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the
prevailing wage rates shall be posted by the Contractor at the job site.
15. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform the Work on this Project
are identified in the Contractor's Proposal and are attached as part of the Contract
Documents. Contractor shall be fully responsible to City for all acts and omissions of any
subcontractors. Nothing in this Contract shall create any contractual relationship between
City and subcontractor, nor shall it create any obligation on the part of City to pay or to
see to the payment of any monies due to any such subcontractor other than as otherwise
required by law. City is an intended beneficiary of any Work performed by the
subcontractor for purposes of establishing a duty of care between the subcontractor and
Asplundh Construction, LLC Page 5
City. Except as specifically authorized herein, the Work to be performed under this
Contract shall not be otherwise assigned, transferred, contracted or subcontracted out
without the prior written approval of City.
16. RESPONSIBILITY FOR DAMAGES OR INJURY
16.1 City and its elected or appointed officers, agents, officials, employees and
volunteers shall not be responsible in any manner for any loss or damage to any of the
materials or other things used or employed in performing the Project or for injury to or
death of any person as a result of Contractor's performance of the Work required
hereunder, or for damage to property from any cause arising from the performance of the
Project by Contractor, or its subcontractors, or its workers, or anyone employed by either
of them.
16.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the Work
of any subcontractor or supplier selected by Contractor.
16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its elected or appointed officers, agents, officials, employees and
volunteers (collectively, the "Indemnified Parties") from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Contract, any Work performed
or Services provided under this Contract including, without limitation, defects in
workmanship or materials or Contractor's presence or activities conducted on the Project
(including the negligent, reckless, and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers,
subconsultants, subcontractors, anyone employed directly or indirectly by any of them or
for whose acts they may be liable for any or all of them).
16.4 Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Contract. This indemnity shall apply to all claims and liability regardless
of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by Contractor.
16.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Asplundh Construction, LLC Page 6
Contractor shall be liable for any private or public property damaged during the
performance of the Project Work.
16.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Contract as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
16.7 Nothing in this Section or any other portion of the Contract Documents shall
be construed as authorizing any award of attorneys' fees in any action to enforce the
terms of this Contract, except to the extent provided for above.
16.8 The rights and obligations set forth in this Section shall survive the
termination of this Contract.
17. CHANGE ORDERS
17.1 This Contract may be amended or modified only by mutual written
agreement of the parties.
17.2 The Contractor shall only commence work covered by a change order after
the change order is executed and notification to proceed has been provided by the City.
17.3 There shall be no change in the Contractor's members of the project team,
as listed in the approved proposal, which is a part of this contract without prior written
approval by the City.
18. CONFLICTS OF INTEREST
18.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Contract, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
18.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Contract by City. Contractor shall
indemnify and hold harmless City for any and all claims for damages resulting from
Contractor's violation of this Section.
19. TERMINATION
19.1 In the event that either party fails or refuses to perform any of the provisions
of this Contract at the time and in the manner required, that party shall be deemed in
default in the performance of this Contract. If such default is not cured within a period of
two (2) calendar days, or if more than two (2) calendar days are reasonably required to
Asplundh Construction, LLC Page 7
cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
non -defaulting party may terminate the Contract forthwith by giving to the defaulting party
written notice thereof.
19.2 Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Contract at any time by giving seven (7)
calendar days' prior written notice to Contractor. In the event of termination under this
Section, City shall pay Contractor for Services satisfactorily performed and costs incurred
up to the effective date of termination for which Contractor has not been previously paid.
On the effective date of termination, Contractor shall deliver to City all materials
purchased in performance of this Contract.
20. STANDARD PROVISIONS
20.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Contract.
20.2 Compliance with all Laws. Contractor shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator.
20.3 Integrated Contract. This Contract represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
20.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Contract and any other attachments attached hereto, the
terms of this Contract shall govern.
20.5 Interpretation. The terms of this Contract shall be construed in accordance
with the meaning of the language used and shall not be construed for or against either
party by reason of the authorship of the Contract or any other rule of construction which
might otherwise apply.
20.6 Amendments. This Contract may be modified or amended only by a written
document executed by both Contractor and City and approved as to form by the City
Attorney.
20.7 Severability. If any term or portion of this Contract is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Contract shall continue in full force and effect.
Asplundh Construction, LLC Page 8
20.8 Controlling Law and Venue. The laws of the State of California shall govern
this Contract and all matters relating to it and any action brought relating to this Contract
shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of
California.
20.9 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
20.10 No Attorney's Fees. In the event of any dispute or legal action arising under
this contract, the prevailing party shall not be entitled to attorneys' fees.
20.11 Counterparts. This Contract may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
21. EFFECT OF CONTRACTOR'S EXECUTION
Execution of this Contract and all other Contract Documents by Contractor is a
representation that Contractor has visited the Project site, has become familiar with the
local conditions under which the Work is to be performed, and has correlated all relevant
observations with the requirements of the Contract Documents.
22. WAIVER
A waiver by City or any term, covenant, or condition in the Contract Documents
shall not be deemed to be a waiver of any subsequent breach of the same or any other
term, covenant or condition.
23. RECITALS
City and Contractor acknowledge that the above Recitals are true and correct and
are hereby incorporated by reference into this Contract.
[SIGNATURES ON NEXT PAGE]
Asplundh Construction, LLC Page 9
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be
executed on the day and year first written above.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 10 111,7-4- 02,Z-1
By: �,, l
Aarok C. Harp ti4 Ga
City Attorney �° A
ATTEST: al. a�
Date: /l.
By: 44*dj���
Leilani I. Brown
City ClerN-ftoft.,
IC
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: ty/9- /zd Zy
By:
Will O'Neill
Mayor
CONTRACTOR: ASPLUNDH
CONSTRUCTION, LLC, a New York
limited liability company
Date:
Bv: Signed in Counterpart
Frank V. Giordano
President
Date:
Signed in Counterpart
By:
Nickkia S. Sellers
Assistant Secretary
[END OF SIGNATURES]
Attachments: Exhibit A -- Labor and Materials Payment Bond
Exhibit B -- Faithful Performance Bond
Exhibit C - Insurance Requirements
Asplundh Construction, LLC Page 10
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be
executed on the day and year first written above.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 10/ 2 Z- / 7_ ()?_ 1-1
By:
Aa n C. Harp
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Bv:
Will O'Neill
Mayor
CONTRACTOR: ASPLUNDH
CONSTRUCTION, LLC, a New York
limited liability company
Dater �02
By:
J r[
Frank V. Giordano
President
Date: IOI�;sd 24
V
kia SSe�llers
Assistant Secretary
[END OF SIGNATURES]
Attachments: Exhibit A -- Labor and Materials Payment Bond
Exhibit B -- Faithful Performance Bond
Exhibit C — Insurance Requirements
Asplundh Construction, LLC Page 10
EXHIBIT A
CITY OF NEWPORT BEACH
BOND NO. 108140138
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to
Asplundh Construction, LLC hereinafter designated as the "Principal," a contract for The
work necessary for the completion of this contract includes, but is not limited to,
mobilization, traffic control, water pollution control, potholing and field verifications of
existing utilities, trench construction, dewatering, removing an abandoned 12-inch cast
iron water main in Alley 402-A, furnishing and installing conduit with poly -pull ropes
including service lateral runs, utility pullboxes, handholes, vaults and all associated items
necessary for the conversion of existing overhead electrical power, telephone, and cable
television services to underground locations as required and intended by the Plans,
Specifications, and further specified by Southern California Edison, AT&T and Spectrum
standards within UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 124
(PHASE 2), in the City of Newport Beach, in strict conformity with the Contract on file with
the office of the City Clerk of the City of Newport Beach, which is incorporated herein by
this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies
used in, upon, for, or about the performance of the Work agreed to be done, or for any
work or labor done thereon of any kind, the Surety on this bond will pay the same to the
extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and,
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA duly authorized to
transact business under the laws of the State of California, as Surety, (referred to herein
as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Five
Million Six Hundred Eighty Seven Thousand Six Hundred Seventy Five Dollars
($5,687,675.00) lawful money of the United States of America, said sum being equal to
100% of the estimated amount payable by the City of Newport Beach under the terms of
the Contract; for which payment well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors, or assigns, jointly and severally, firmly by
these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
Asplundh Construction, LLC Page A-1
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the
obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Contract or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Contract or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the 23rd day of October , 20 24.
ASPLUNDH CONSTRUCTION, LLC
Name of Contractor (Principal)
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
Name of Surety
One Tower Square, Bond/5PB, Hartford CT 06183
Address of Surety
215-255-1724
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By: ' - �, -
AarA C. Harp
City Attorney
Authorized ignat e/Title j�
Authorized A nt Signature
Patricia A. Rambo, Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
Asplundh Construction, LLC Page A-2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT -
PRINCIPAL
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of t*lk \[ .
County of Sdnt
On
R
1►1
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
ALYSSA L SABEL
NOTARY PUBLIC -STATE OF NEW YORK
No. 0 1 SA6408666
Qualified in Suffolk County
My Commission Expires 09-08-2028
I certify under PENALTY OF PERJURY under the laws of the
State of Pennsylvania that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
_'&n � &a&�
Signature Signature of Notary Public
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT -
SURETY
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of NEW JERSEY
County of CAMDEN
On �O� /�a`�' before me, Dana L. Donahue ,Notary Public,
personal y a eared Patricia A. Rambo who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of Pennsylvania that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
���_I • a_4� G ��lllli St,
Signature of Notary Public
Dana L Donahue
Notary Public
State of New Jersey
Camden County
Commission Number 50184265
My Commission Expires February 1, 2027
Travelers Casualty and Surety Company of America
.A. Travelers Casualty and Surety Company
TRAVELERS J St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and
St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein
collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Patricia A. Rambo of
PHILADELPHIA , Pennsylvania , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and
acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of
the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or
guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April,
2021.
NNW SLNF7Y�, y,P (Y Arya
tHASTFORD,l - = 00!j*
WN.HARTFORD, * CONN.UAL
State of Connecticut
By:
City of Hartford ss. Robert L. Rane , enior Vice President
On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior
Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the
purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Commission expires the 30th day of June, 2026
awt r%. � -
Anna P. Nowik, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of
the Companies, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint
Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority
may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings
obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may
remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or
any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided
that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance,
or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive
Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the
Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;
or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her
certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President,
any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to
any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -
Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of
Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed
and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or
understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a
true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect.
Dated this 23RD day of OCTOBER , 2024
��
�r �
our.• / = r 3
....•' WVA
Kevin E. Hughes, Assistant Secretary
To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880.
Please refer to the above -named Attorney(s)-in-Fact and the details of the bond to which this Power ofAttorney is attached.
EXHIBIT B
CITY OF NEWPORT BEACH
BOND NO. 108140138
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 12,797.00 , being at the
rate of $ 2.25 Per thousand thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to
Asplundh Construction, LLC hereinafter designated as the "Principal," a contract for The
work necessary for the completion of this contract includes, but is not limited to,
mobilization, traffic control, water pollution control, potholing and field verifications of
existing utilities, trench construction, dewatering, removing an abandoned 12-inch cast
iron water main in Alley 402-A, furnishing and installing conduit with poly -pull ropes
including service lateral runs, utility pullboxes, handholes, vaults and all associated items
necessary for the conversion of existing overhead electrical power, telephone, and cable
television services to underground locations as required and intended by the Plans,
Specifications, and further specified by Southern California Edison, AT&T and Spectrum
standards within UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 124
(PHASE 2). in the City of Newport Beach, in strict conformity with the Contract on file with
the office of the City Clerk of the City of Newport Beach, which is incorporated herein by
this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the Principal, and
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA , duly authorized to
transact business under the laws of the State of California as Surety (hereinafter
"Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Five
Million Six Hundred Eighty Seven Thousand Six Hundred Seventy Five Dollars
($5,687,675.00) lawful money of the United States of America, said sum being equal to
100% of the estimated amount of the Contract, to be paid to the City of Newport Beach,
its successors, and assigns; for which payment well and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors, or assigns, jointly and
severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Contract Documents and any alteration thereof made as therein
provided on its part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to its true intent and meaning, or fails to indemnify,
defend, and save harmless the City of Newport Beach, its officers, employees and agents,
as therein stipulated, then, Surety will faithfully perform the same, in an amount not
Asplundh Construction, LLC Page B-1
exceeding the sum specified in this Bond; otherwise this obligation shall become null and
void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys' fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Contract or
to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the
Project by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the 23rd day of October '20 24 .
ASPLUNDH CONSTRUCTION, LLC
—
Name of Contractor (Principal) Authorized Signature/Title K,iCj ��,,_ _ .
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
Name of Surety Authorized A ent Signature
One Tower Square, Bond/5PB, Hartford CT 06183
Address of Surety
215-255-1724
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: it J(6J o Lq
By: C
Aaron Oarp
City Attorney
Patricia A. Rambo, Attorney-in-Factg
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Asplundh Construction, LLC Page B-2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT -
PRINCIPAL
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of V
County of &
On
NO]
F. IaV,L"iiy aYjjk.,aicu ly��AU a .jk VA , wno provea to me on the basis of satisractory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the
ALYSSA L SABEL State of Pennsylvania that the foregoing paragraph is true and
NOTARY PUBLIC -STATE OF NEW YORK correct.
No. 01 SA6408666
Qualified in Suffolk County WITNESS my hand and official seal.
My Commission Expires 09-08-2028
( &
Signature Signature of Notary Public
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT -
SURETY
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of NEW JERSEY
County of CAMDEN
On Id 93ja*4 before me, Dana L. Donahue , Notary Public,
persona 11y appeared Patricia A. Rambo who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of Pennsylvania that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
Signature of Notary Public
� WE Dana L Donahue
h Notary Public
State of New Jersey
Camden County
Commission Number 50184265
My Commission Expires February 1, 2027
EXHIBIT C
INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Contract, policies of insurance of the type
and amounts described below and in a form satisfactory to City. Contractor agrees
to provide insurance in accordance with requirements set forth here. If Contractor
uses existing coverage to comply and that coverage does not meet these
requirements, Contractor agrees to amend, supplement or endorse the existing
coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business
of insurance in the State of California, with an assigned policyholders' Rating of A -
(or higher) and Financial Size Category Class VII (or larger) in accordance with the
latest edition of Best's Key Rating Guide, unless otherwise approved by the City's
Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance providing statutory benefits and Employer's
Liability Insurance with limits of at least one million dollars ($1,000,000)
each employee for bodily injury by accident and each employee for bodily
injury by disease in accordance with the laws of the State of California. In
addition, Contractor shall require each subcontractor to similarly maintain
Workers' Compensation Insurance and Employer's Liability Insurance in
accordance with California law for all of the subcontractor's employees. The
insurer issuing the Workers' Compensation insurance shall amend its policy
by endorsement to waive all rights of subrogation against City, its City
Council, boards and commissions, officers, agents, volunteers and
employees. Contractor shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City, its City
Council, boards and commissions, officers, agents, volunteers and
employees.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance, and if necessary excess/umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than two million dollars ($2,000,000) per
occurrence, four million dollars ($4,000,000) general aggregate and four
million dollars ($4,000,000) completed operations aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract).
Asplundh Construction, LLC Page C-1
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this Contract,
including coverage for any owned, hired, non -owned or rented vehicles, in
an amount not less than two million dollars ($2,000,000) combined single
limit for each accident.
D. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability
policies are used to meet the limits of liability required by this contract, then
said policies shall be "following form" of the underlying policy coverage,
terms, conditions, and provisions and shall meet all of the insurance
requirements stated in this contract, including, but not limited to, the
additional insured and primary & non-contributory insurance requirements
stated herein. No insurance policies maintained by the City, whether primary
or excess, and which also apply to a loss covered hereunder, shall be called
upon to contribute to a loss until the Contractor's primary and
excess/umbrella liability policies are exhausted.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Contract shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees, or shall specifically allow Contractor or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Contractor hereby waives its own right of
recovery against City, and shall require similar written express waivers and
insurance clauses from each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess/umbrella liability, pollution
liability, and automobile liability, if required, shall provide or be endorsed to
provide that City, its City Council, boards and commissions, officers, agents,
volunteers and employees shall be included as additional insureds under
such policies.
C. Primary and Non -Contributory. Contractor's insurance coverage shall be
primary insurance and/or the primary source of recovery with respect to
City, its City Council, boards and commissions, officers, agents, volunteers
and employees. All liability coverage shall apply on a primary basis and
shall not require contribution from any insurance or self-insurance
maintained by City.
Asplundh Construction, LLC Page C-2
D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar
days' notice of cancellation or nonrenewal of coverage (except for
nonpayment for which ten (10) calendar days' notice is required) for each
required coverage except Builders Risk Insurance, which shall contain an
endorsement with said required notices.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. All of the executed
documents referenced in this Contract must be returned to City within ten
(10) regular City business days after the date on the "Notification of Award".
Insurance certificates and endorsements must be approved by City's Risk
Manager prior to commencement of performance. Current certification of
insurance shall be kept on file with City at all times during the term of this
Contract. The certificates and endorsements for each insurance policy shall
be signed by a person authorized by that insurer to bind coverage on its
behalf. At least fifteen (15) days prior to the expiration of any such policy,
evidence of insurance showing that such insurance coverage has been
renewed or extended shall be filed with the City. If such coverage is
cancelled or reduced, Contractor shall, within ten (10) days after receipt of
written notice of such cancellation or reduction of coverage, file with the City
evidence of insurance showing that the required insurance has been
reinstated or has been provided through another insurance company or
companies. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. The City reserves the right at any time
during the term of the Contract to change the amounts and types of
insurance required by giving Contractor sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Contractor shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage, subcontractors
shall provide coverage with a format at least as broad as CG 20 38 04 13.
Asplundh Construction, LLC Page C-3
D. Enforcement of Contract Provisions. Contractor acknowledges and agrees
that any actual or alleged failure on the part of City to inform Contractor of
non-compliance with any requirement imposes no additional obligations on
City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Exhibit A are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Contractor maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Contractor. Any
available proceeds in excess of specified minimum limits of insurance and
coverage shall be available to the City.
F. Self -Insured Retentions. Any self -insured retentions must be declared to
and approved by City. City reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Contract, or to suspend Contractor's right to proceed until proper evidence
of insurance is provided. Any amounts paid by City shall, at City's sole
option, be deducted from amounts payable to Contractor or reimbursed by
Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this Contract, and that involve or may involve coverage
under any of the required liability policies. City assumes no obligation or
liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
Contractor's Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgement may be necessary for its proper protection and prosecution of
the Work.
Asplundh Construction, LLC Page C-4
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