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HomeMy WebLinkAboutC-2463 - Riverside Avenue Relief Storm Drain Phase 1CITY OF NEWPORT BEACH July 18, 1986 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Nick Tomovich & Son, Inc. 926 Durfee Avenue So. E1 Monte, CA 91733 (714) 6443005 Subject: Surety: The Aetna Casualty & Surety Company Bonds No.: SB100181520 Contract No.: C -2463 Project: Riverside Avenue Relief Storm Drain, Phase i The City Council on June 23, 1986 accepted the work of subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice has been recorded. The Notice was recorded by the Orange County Recorder on July 2, 1986, Reference No. 86- 284183. Please notify your surety company that the bonds may be released 35 days after this date. Sincerely, wly 4 g yl� Wanda E. Raggio City Clerk WER:pm cc: Public Works Department 3300 Newport Boulevard, Newport Beach PLEASE RETURN TO: City Clerk/-rG+t 7� City Cf Newpggr Be ch 3300 Newport Blvd. Newport Beach, CA 92663 -3884 NO CR IDE ION 86-284183 EXEMPT EXEMPT RECORDING REQUEST PERIL—L'-2 GOVERNMENT CODE 6103 NOTICE OF COMPLETION PUBLIC WAItKS RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA -2 ?§ PM JUL 2'86 COUNTY I o All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on June 23, 1986 the Public Works project consisting of Riverside Avenue Relief Storm Drain, _ Phase 1 (C -2463) on which Nick TDMayich &Son, Inc. 926 Durfee Avenue, So. E1 Monte, CA 91733 was the cont r The Aetna Casualty &Surety Company, 100 West Broadway, was the su C`�as cgrnp e ed. Glendale, CA 91210 CITY OF NEWPORT BFACH Public Works Director ^ cJ��N VERIFICATION I, the undersigned, say: I am the Public Works Director of the City of Newport Beach; the foregoing Notice of Completion is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on June 27, _1986. at Newport Beach, California. Pu lic Works Director VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Newport Beach; the City Council of said City on June 23, 1986 accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on June 27, 1986 at Newport Beach, California. City Clerk .. .. �;<' �.S TK'�F97•�' �} °ii CITY OF NEWPORT BEACH June 27, 1986 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Lee A. Branch County Recorder P.O. Box 238 Santa Ana, CA 92702 Dear Mr. Branch: (714) 644 -3005 Attached for recordation is Notice of Completion of Public Works project consisting of Riverside Avenue Relief Storm Drain, Phase 1, Contract No. 2463 on which Nick Tomovich & Son, Inc. was the Contractor and The Aetna Casualty & Surety Company was the Surety. Please record and return to us. Sincerely, Wanda E. Raggio City Clerk WER:pm Attachment cc: Public Works Department 3300 Newport Boulevard, Newport Beach • • TO: CITY COUNCIL FROM: Public Works Department a June 23, 1986 BY TK CITY COUNCIL CITY COUNCIL AGENDA CITY OF NEWPORT BEACH ITEM NO. F -12 JUN 23 1996 APPROVED SUBJECT: ACCEPTANCE OF RIVERSIDE AVENUE RELIEF STORM DRAIN (C -2463) RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to DISCUSSION: The contract for the installation of pipe through the Dominis Building for the subject project has been completed to the satisfaction of the Public Works Department. The bid price was $33,063.00 Amount of unit price items constructed 32,486.85 Amount of change orders 2,659.40 Total contract cost $35,146.25 Funds were budgeted in the General Fund, Account No. 02- 3497 -345. The contractor for the building was delayed approximately 4 months in completing the basement walls and slab. This in turn prevented the City's storm drain contractor from starting his work and resulted in extra costs to him. A change order in the amount of $3,284.40 was issued to cover these costs. The City has been reimbursed by the building owner. A second change order, in the amount of (- 625.00) provided for deletion of bearing pad material and final connection, both of which were performed at a later date by the building contractor. The contractor is Nick Tomovich & Son, Inc. of South E1 Monte, California. • The ork was completed on February 28, 1986. 7 � Benjamin B. Nolan Public Works Director GPD:jd Y a 0 TO: FINANCE DIRECTOR Public Works FROM: CITY CLERK DATE: December 17, 1985 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714(640 -2251 SUBJECT: Contract No. C -2463 oA e�zCa�tG C Description of Contract Riverside Avenue Relief Storm Drain, Phase 1 Effective date of Contract December 16, 1985 Authorized by Minute Action, approved on September 23, 1985 Contract with Nick Tomovich & Son, Inc. Address 926 Durfee Avenue 1733 Amount of Contract 33.063.00 Wanda E. Andersen City Clerk WEA:lr attach. City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P. 0. Box 1768, Newport Beach, CA 92658 -8915 until 11:00 A.N. on the 12th day of September, 1985, at which time such bids shall be opened and read for Riverside Avenue Relief Storm Drain Phase 1 _ Title of Project 2463 Contract No. $20,000 Engineer's Estimate &A so \�' AV 41 IM CO Approved by the City Council this 260 day of August , 1985. Wanda E. Raggio City Clerk Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. 0. Box 1768, Newport Beach, CA 92658 -8915. For further information, call Lloyd R. Dalton at 644 -3311. Project Manager ( N Q1 w N (D Z N d m b (D 7 c fD A (D O -h w C+ O 0 w "D S w In (D F-+ 171 a w 0 1 x 0 7 r+. 3 O = Z J. -7 -• O s S e w u O J. ® c+3 J. = 0 S -3 c Z N 1. (D CT rt - -5 } (D = (D O O ID O I � 0 rD � . N J C+ a 0 -. O 7 7 O f1 N 7 O N J. 3OO(DO 0 ti Z ZJ 0 N rt S S 0 0 0 (D a -h rtc v L O (D N (D n O. N Z O (D J• CI O (D rt N .rt.. (> cn w c o d F �(D rt (nD w O n i c H -+(O O O N �•O -h £ 0 3-+N rtrt 0 N G S 3 cl J. (- sv (i cra w o�o O O Q .J. J. •S hF 7 rt I. l< n ,. r+ w O . c Z n ( S t! 171 a CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT RIVERSIDE AVENUE RELIEF STORM DRAIN PHASE I CONTRACT NO. 2463 PROPOSAL To the Honorable City Council City of Newport Beach 3300 West Newport Boulevard Newport Beach, California 92263 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to do all the work required to complete Contract No. 2463 in accordance with the Plans and Special Provisions, and will take in full payment therefor the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL NO. AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. -- Mobilization Lump Sum @ Four Thousand Dollars and No Cents 2. 227 Install 36" M.L. &C. Steel Lineal Feet Storm Drain @ Sixty -nine Dollars and No Cents 3. 11 Furnish and Install Concrete Each Pipe Support and Pipe Strap @ One Thousand Dollars and $ 4,000.00 $ 15,663.00 No Cents $1,000.00 $ 11,000.00 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL NO. AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 3 Install 36" Flexible Each Coupling @ Eight Hundred Dollars and No Cents $ 800.00 $ 2 ,400.00 Total Price Written Thirty -three Thousand Sixty -three Dollars and No Cents $ 33,063.00 Contractor's License No. 269337A Nick Tomovich & Son, Inc. (Bidder's Name) Date 9 -12 -85 S /Mitchell Tomovich, President (Authorized Signature Title) Bidder's Address 926 Durfee Avenue, So. E1 Monte, CA 91733 Bidder's Telephone No. 818- 443 -3627 0 Page 2 INSTRUCTIONS TO BIDDERS . The following contract documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: 1. PROPOSAL 2. INSTRUCTIONS TO BIDDERS 3. DESIGNATION OF SUBCONTRACTOR(S) 4. BIDDER'S BOND (sum not less than 10% of total bid price) 5. NON - COLLUSION AFFIDAVIT 6. STATEMENT OF FINANCIAL RESPONSIBILITY 7. TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's check (sum not less than 10% 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 bid. Bids shall not be received from bidders who are not licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The low bidder shall also be required to possess a City of Newport Beach business license prior to execution of contract. Bids shall be submitted on the attached PROPOSAL form. The additional copy of the PROPOSAL form may be retained by the bidder for his records. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. 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 dis- crepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit pricgI the correct multiplication will be computed and the bids will be compared withi correctly multiplied totals. The City shall not be held responsible for bidder errors or omissions in the PROPOSAL. Contract documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of the President or Vice President. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 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 con- tract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 in- clusive). The Contractor shall be responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. 269337A Contr's Lic. No. & Classification 9-12 -85 Date Nick Tomovich & Son, Inc. Bidder S /Mitchell Tomovich President Authorized Signature /Title Page 3 DESIGNATION OF SUBCONTRACTORS) The undersigned certifies that he has used bid(s) of the following listed subcontractor(s) in making up his bid,and that the subcontractor(s) listed will be used for the work for which they bid, subject to the approval of the Engineer and in accordance with the applicable provisions of the Specifications. No change of subcontractor may be made except with the prior approval of the Engineer.and as provided by State law. Subcontract Work Subcontractor Address 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. r Authorized Signature /Title ORIGINAL SEE CITY CLERK'S FILOPY Page 4 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, NICK TOMOVICH & SON, INC. , as bidder, and THE AETNA CASUALTY & SURETY COMPANY , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of TEN PERCENT OF THE AMOUNT BID--------------------- - - - - -- Dollars ($--- 10 %-- - - - - }, lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of RIVERSIDE AVENUE RELIEF STORM DRAIN, PHASE 1 Title of Project C -2463 in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) from the date of the mailing of a notice to the above bounden bidder by and from said City that said contract is ready for execution, then this obligation shall become null and void; otherwise it is and shall remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event that any bidder above named executed this bond as an indi- vidual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 12th day of September , 1985. (Attach acknowledgement of Attorney -in -Fact) rikpla M_ Carrillo Notary Public Commission expires June 9, 1989 NICK TOMOVICH & SON, INC. Bidder S /Mitchell Tomovich, President Authorized Signature /Title THE AETNA CASUALTY & SURETY CO. Surety By S /John Forest Monroe Title Attorney -in -fact • . Page 5 NON- COLLUSION AFFIDAVIT The bidder, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths, say that neither they nor any of them have, in any way, directly or indirectly, entered into any arrange- ment or agreement with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever; or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the bidder from con- sidering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be sug- gested, offered, paid or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomso- ever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Nick Tomovich & Son, Inc. Bidder S /Mitchell Tomovich, President Authorized Signature /Title Subscribed and sworn to before me this 12th day of September , 1985 . My commission expires: ,tune 17, 1989 S /John Forest Monroe Notary Public 0 • Page 6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No, Metro Water Dist. Tunnels Los Angeles 1981 ($4.000,000.00) E. Slavin Dept. of Water nd Power (4,300,000.00) Los Angeles 1980 Sylmar Tunnel R. Benton City of Los Angeles Los Angeles Los Angeles 1971 Berendo St. Sewer ($1,500.00) Contract Admin. Nick Tomovich & Son, Inc. Bidder S /Mitchell Tomovich PPPSidPnt Authorized Signature /Title • • Page 7 NOTICE The following are contract documents which shall be completed and executed by the successful bidder after he receives a letter of Award from the City of Newport Beach: PAYMENT BOND (pages 8 & 9) FAITHFUL PERFORMANCE BOND (pages 10 & 11) CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 12, 13, 14) CONTRACT (pages 15 & 16) The City of Newport Beach will not permit a substitute format for these contract documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. BONDING COMPANIES shall be acceptable as sureties in accordance with the latest revision of Federal Register Circular 570. INSURANCE COMPANIES shall be (1) licensed to conduct business in California, and (2) assigned Policyholders' Rating B+ (or higher) and Financial Size Category Class x (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided for all TYPES OF INSURANCE checked on the CERTIFICATE OF INSURANCE. All costs associated with the specifications of these contract documents shall be absorbed in the bid. Such specifications shall include those contained in (1) each contract document and (2) the Standard Specifications for Public Works Construction (latest edition adopted for use in the City of Newport Beach), except as supplemented or modified by the Special Provisions for this project. a �ID# SB100181520 'PRIIIIUM $ 396.00 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted September 23, 1985 has awarded to Nick Tomovich & Son. Inc. hereinafter designated as the "Principal ", a contract for Riverside Avenue Relief Storm Drain, Phase 1 C -2463 Page 8 in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his or its 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 NICK TCMOVICH & SON. INC. as Principal, and THE AMM CASUALTY & SURETY M4PANY as Surety, are held firmly bound unto the City of Newport Beach, in the sum of THIRTY -THREE THOUSAND SIXTY -THREE AND N01100 Dollars ($33.063,00----4, 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 presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or his subcontractors, fail to pay for any materials, provisions, or other supplies, 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 Unemploy- ment Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. The bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon L. • • Page 9 Payment Bond (Continued) this bond, as required by the Provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications, In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed -by the Principal and Surety above named, on the 30th day of September , 19 85 . NICK To Aj o tc.►4 4 �oN tAic ". (Seal ) Name of Contractor (Principal)= Authorized Signature an- d Title ;- Mitchell Twovich - President Authorized Signaturi and Title THE AE7N1 CASUALTY & SUFM COMPANY ZSeal) Name of Surety 100 West Broadway Glendale, CA 91210 ;Add ss of Surety W re and Tit a of ut orized ent Forest Monroe Attorney -i 3acl 911 Wilshire Blvd. Los Angeles, CA 90017 Ste 970 ddress of Agent 213 624 -2055 Telephone No. of Agent -;� :. _ _ ., - -_ l N -_ / - ___ - �. � - _ �' -_ '. ... ..� %n �/. r ..�^' "� v.' `-.. .I -r� THFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That # SB100181520 Page 10 PIEMIW $ Incl. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted September 23, 1985 has awarded to Nick Tomovich & Son, Inc. hereinafter designated as the "Principal ", a contract for ide Avenue Relief Storm Drain, Phase 1 C -2463 in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, NICK TCMOVICH & SON, IW. as Principal, and THE A nM CASUALTY & SURETY CaVANY as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of u. :�� WdDI f. •. d U• .YY 4.� ; +?� � It • • � 1 � 1 . � � said sum being equal to 100% of the estimated amount of the contract, to be paid to the said City or its certain attorney, 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 presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, con- ditions, and agreements in the said contract and any alteration thereof made as therein provided on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice • Page 11 Faithful Performance Bond (Continued) 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 Principal and Surety above named, on the 30th day of September , 19 85 NLGI< `r'0Ati0QIr— ` -Ca. C (Seal) Name of Contractor (Principal) Authorized Signature and Title Mitchell Ttmovich — President Authorized Signature and Title THE AMA CASUALTY & SURETY CaMPANY Name of Surety 100 West Broadway Glendale, CA 91210 Address of Surety Signature and Title of Authorized Agei John Forest Monroe Attorney -in -Fact 911 Wilshire Blvd. los Angeles, CA 90017 Ste 970 Address of Agent 213 624 -2055 Telephone No. of Agent 0 • _ r � /2)§ »mn � (� } >OH |43\ .;o M , /a: .0 \ / & ))a\ # { . (((!E �0 2. K CT } < -0 ® R [§? ! \ ®:E/- [ 0 AMID �3 2»n k 2{v 0 ]7B /& \M 0(\( \ ƒ}\ +_ , 2 /\q2 n$_£ >Zw0 ) >r2 > > -a \\\\ nie ,Frew CASUAk AM St1NETY CO PANY "mom Hartfor ifptt O61 is I II I ACA4: w IY POKIER OF ATTORNEY AND CERTMATE OF AUTHORITY OF ATTORNEYISHN -FACT RNOWALLMENIFY TICESEPRESENIS. THAT THE&ETYCCASUA&TVANDSURMODMPANY, e Fppmwiondulyppenirmlurdwthelevnof Me $&MalCOMSMk 4 and haying mp ndpai olfio, b dwCMya Heldoal. Couay of HatldrA Stsb ol ClnxwgWn, here mode. foaa)tumd ere appo:rya,anddoslgthe waset deer, osrMibas a,d appsis Gerald J. Sullivan, William R. Curtis, John W. Ifirschtnann, John Forest Monroe or Natty Scheirer - - of Los Angeles, California wwsad MwHUlAnansylal mFaa.wsbb dpowradaureo tyre abym dare b sign, execute end atlrewHadpa, a cry gam wash M United Saes, w, d the feawdng xne be need M. wet in the area sad designated the toieln+v insm nw"w: bylit wIh ersaesionatueemclad.myareenbards, remgtiyalrma.mamas ollMSmMw, and othermiangeq tayto reenatureofe bond, recognition". or conIXtlonN undwaNng. and a" and he mnle nw incident macro are b bbd THE .ETNA CASUALTY AND SURETY COMPANY, thereby as bey and no the same adent n N Una pane was signed by sm duty wd.auedofRmm ol THE &ETNACASW LTV ANDSURETV COMPANY. and all the acb of Said AnomayWinFate, Piv hwmto see authorry herein O.M. ere hereby W*W and confine. The appointment w madn.mda end by authority of the following Stapling A ..h1jom of "Id Company which Itaasdtom ere hew in Ica lam and efecf: VOTED: Thaeach fth.logowino officers: Chainrnern,Km Ckwin n. Prnident AM ErcutivaVice President. Any Swoor Vim President. AM Vice Pradtere, A" Attlee" Vice President, Arty Sebaay, Any Are W n Secret". may front tine h, I~ appoint Resident Vice PrwitlmM, Resident Awaamn Srna Tenths, Allateys in Fact eel Amman bee la and on lvaoH of In. Canpeny odd.nay give my wth aoleimeeauch, O HIV as hie mriscae of aulhwify may pesocrobe w aign wide he Con"Ws name and sue with the Compeny'O "at bonds, racooniances, mntraaw of indwmnry, mU mho wiling, ohlipaary in ten retumola boat hw:gpninince, a conditions uwenNinp, end at, at sod ofieaaw Me goad at Diradav Prey :d .,V fine ,comrs my such sppoirnlea and ran ire the poorer and mdnan n, given hen. VOTED: The mYbond. ra: ognumoe. OOnaar ?afihdem.iry.wwritirgadigaory in M emneeofa bard.raoogMbnm. wmmgdorrl urdataUrq sham be vehd are binding upon resCOmpaw swein W signsdby ree Chairman, tk Vim Chnmen, ten prssidaA m ExautwOVNO Presidenta Sador Vice President a Vice Prsldant. ea Assistant VIM Prsdent ce by a ReadmF Vim President Weuml to the Power prescribed in tee mni8cels of suthc6tvof stichRosidan VictPnritlan. and holy altsed mdsawed wHh Me COmbarn•a seal by a Saaretnrrut ArMmt SeenMen see), U meuiredl by onew ewe AdcrnvywA Fect puraent b tae power prescribe in his a Owr carificaut authority. The PO of Atromey end Continue* ofAuthatry is sigtedaM satall by femimge wda hd by authority of the f flowing Stawq Resolution vomd by the Scant of Diroctw a of THE RTNA CASUALTY AND SURETY COMPANY which Rer)a)on is dew in hit two, and eftac: VOTED: Then the signature ol each of tefolloWng olfisn: Clu atin Vim Chainnm. President Any Exeeud"Vke Prridmt Any Settler Vim PraxMmt. AnyVbsPrsitlsnt AdwAtxermtYbsPratlaa ,MwSaaatay.MyArwtant5rrtary. are HMaWOimeCmMmymay W eRgMby Incomings w my Power of stoma/ in b art consists feiaMA thereat appoLleng ResMwd Vim Presidents. Rodent Arhwnt SOMUON or AKhjunt-i ofmmin, wersoMywmngsch I MMatllgaaW eddul0ataaHga andadarwdandeodingup in d1,narts"and OW othean raofatoms/ wctified y bear fitemiiIsmNhWsipWaea /ao,imilarat seen W and and binding upon tMCany In Oendalty such power r my bon and mninad try ash famimis signenaa ad feesimtla dal shay M vagd wild binding upon the Campmy a tea futwe wire respect to my hoe w undenaaing ro whin e b altedled IN WITNESS WHEREOF, THE ETNA CASUALTY AND SURETY COMPANY Iwo cth'"d mix in"n"n'" t at be fined by s Assistant Vice President .ac he wdponm sW roMnerwo emxe mw 28th d" of March •Is 84 { +,,..„,�, TIIE &EII CIUSU Tr AND IRefETY COMPANY State of Connecticut J. T. DU Illy �A Cowrry of Hartbrd } sNarowd Aaaiatant ice Prea ant On" 28th &ley of March •1984 . befws nth personally cams J. T. DUFFY no pre enawtt.wt.. being by is duly wea,(Ed daposa and say: the ha/she is Assistant Vice President of THE RTNA CASUALTY AND SURETY COMPANY. duoappalmdraibad send whkh erwanetMSbrm blarhtrnsra; ehM hafsireMwe ire ssiolrd corporator: Olatl1,ssal afiaW title sidiMeunrdiawaoarparata sasi: tldtlat M /aMexamrwdtl1,asid alabtrnhntn hallat a am mepw by aul hear of bia/ha alum Oder ere st wares Resolutions mason. s �i'mdwrwera aT, is 86 Nagy wee CERTIFICATE George A. Perry, Jr. Lersuhdasignad, Secretary of THE&ETNACISUALTVANO SURFTYCDMPANV. aattAt Mpwabr olfM sM ofcwmsakut DOHTSI®YCERTI dw blofareeaslpwdelwtlwlPOwarolAtlarnay "CwtMpauolAUMiryronW intdgf aOld hesnot been ravoted: hd lunbe vemeUwttleSwdwigRaaoMAiaeoldw gwtdoldrOCrM• s wiath in d1,CarNgwl otAWleq.Mnoe, I. force. Signed and Sealed a the Hone Oalm of the COMPOW, in 111, C1ly of /lerllord Sete ConrosuM1 Dote tIIO 30th day of September .19 85 s� John W. Welch, Secretary .la'taatFT"}Tg `/ PFA MMUSA • CERTIFICATE OF INSURANCE . Page 12 This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time, including attached endorsement(s). INSURANCE COMPANIES AFFORDING COVERAGES City of Newport Beach Company COMPANY TYPES OF INSURANCE 3300 Newport Boulevard Letter A ROYAL INSURANCE COMPANY Newport Beach, CA 92663 Company B Date Each NAME AND ADDRESS OF INSURED Letter AETNA CASUALTY & SURETY Company C Operations GENERAL LIABILITY x Comprehensive Form x Premises - Operations Letter BEAVER INSURANCE $ $ Company D x Explosion & Collapse Hazard Letter Company E sn__F1 Mexte. CA 01733 Letter This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time, including attached endorsement(s). (NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. CANCELLATION: Should any of the above described policies be cancelled or coverage reduced before the expiration date thereof, the Insurance Company affording coverage shall provide 30 days' advance notice to the City of Newport Beach by registered mail, attention: Public Works Department. 10 entative Date Agency: GERALD J. SULLIVAN & ASSOC., INC Telephone 21.3 624 -2055 Description of operations /locations /vehicles: All operations performed for the City of Newport Beach by or on behalf of the named insured in connection with the following designated contract: Riversi @e A,verwe Relief Stern Drain. Phase I C -2463 Project Title and Contract Number finis certificate or veritication or insurance is not an insurance policy ano Goes not amend, extend or alter the coverage afforded by the policies listed herein. Notwith- standing any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies, including attached endorsements. Policy LIMITS OF LIABILITY IN THOUSAND COMPANY TYPES OF INSURANCE Policy Exp. LETTER COVERAGE REQUIRED No. Date Each Completed Occurrence Operations GENERAL LIABILITY x Comprehensive Form x Premises - Operations Bodily Injury Property Damage $ $ $ $ x Explosion & Collapse Hazard x Underground Hazard x Products /Completed Operations Bodily Injury A Hazard x Contractual Insurance LUG7124 12/10/06 and Property Damage Combined $1,000, $1,000, x Broad Form Property Damage x Independent Contractors x Personal Injury Marine Personal Injury $ Aviation AUTOMOTIVE LIABILITY B ❑x Comprehensive Form ❑x Owned Bodily Injury (Each Person $ $ Bodily Injury (Each Occurrence ❑x Hired Pro ert Dama e x Non -owned ❑ 3FJ 68874 8/15/86 Bodily Injury and Property Damage Combined $ 500, EXCESS LIABILITY ❑ Umbrella Form Bodily Injury ❑ Other than Umbrella Form and Property Damage Combined $ $ WORKERS' COMPENSATION Statutor C and EMPLOYER'S LIABILITY 0 59180 1/21/86 V11111ffA 100, ac Accident) (NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. CANCELLATION: Should any of the above described policies be cancelled or coverage reduced before the expiration date thereof, the Insurance Company affording coverage shall provide 30 days' advance notice to the City of Newport Beach by registered mail, attention: Public Works Department. 10 entative Date Agency: GERALD J. SULLIVAN & ASSOC., INC Telephone 21.3 624 -2055 Description of operations /locations /vehicles: All operations performed for the City of Newport Beach by or on behalf of the named insured in connection with the following designated contract: Riversi @e A,verwe Relief Stern Drain. Phase I C -2463 Project Title and Contract Number finis certificate or veritication or insurance is not an insurance policy ano Goes not amend, extend or alter the coverage afforded by the policies listed herein. Notwith- standing any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies, including attached endorsements. • • Page 13 CITY OF NEWPORT BEACH AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for Bodily Injury and Property Damage Liability, the City of Newport Beach, its officers and employees are additional insureds but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded the additional named insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The limits of liability under this endorsement for the additional insureds named in paragraph 1 of this endorsement shall be the limits indicated below for either Multi- ple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability Property Damage Liability $ $ each occurrence each occurrence ( X3 Single Limit Bodily Injury Liability $ 500,000 each occurrence and Property Damage Liability Combined The limits of liability as stated in paragraph 3 of this endorsement shall not in- crease the total liability of the Insurance Company for all damages as the result of any one accident or occurrence in excess of the limits of Liability stated in the policy as applicable to Automobile Liability Insurance. 4. Should the policy be cancelled or coverage reduced before the expiration date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 5. Designated Contract: Riverside Avenue Relief Storm Drain, Phase 1 C -2463 Project Title and Contract No.). This endorsement is effective 8/15/85 at 12:01 A.M. and forms a part of Policy No. 83FJ568874CCA Named Insured NICK TOMOVICH & SONz INC. Endorsement No. SPECIAL Name of Insurance Company AETNA CASUALTY & SUREPY uthorized R r°esE tative Page 14 CITY OF NEWPORT BEACH COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for Comprehensive General Liability, the City of Newport Beach, its officers and employees are additional in- sureds but only with respect to liability arising out of operations performed by or on behalf of the named insured in connection with the contract designated below or acts and omissions of the City of Newport Beach in connection with its general supervision of such operations. The insurance afforded said additional insured shall apply as primary insurance and no other insurance maintained by the City of Newport Beach will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or nold harmless provision con- tained in the written contract, designated below, between the named insured and the City of Newport Beach. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU "hazards) are deleted. 5. The limits of liability under this endorsement for the additional insured named in paragraph I of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability $ each accUr�enco - Property Damage Liability $ each occurrence ()oj Single Limit Bodily Injury Liability $ 1.000.000 each occurrence and Property Damage Liability Combined The applicable limit of the Insurance Company's liability for the insurance afforded for contractual liability shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insureds. The limits of liability as stated in this endorsement shall not increase the total liability of the Insurance Company for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to Comprehen- sive General Liability Insurance. 6. Should the policy be cancelled or coverage reduced before the expiration date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department 7. Designated Contract: . 1 -2463 Project Title and Contract No This endorsement is effective 12/10/85 at 12 :01 A.M. and forms a part of Policy No. PLUG71245 Named Insured NICK zemovlcH s soN, INC. Endorsement No. SPECIAL A Name of Insurance Company ROYAL INSURANCE By f .'�c-,��rJC Q Ai thorized R ese ative • • Page 15 CONTRACT ,,rrte� /�)� THIS AGREEMENT, entered into this �C�L aay of 46� 19 s�, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and , hereinafter "Contractor, "is made with reference to the following facts: (a) City has heretofore advertised for bids for the following described public work: Riverside Avenue Relief Storm Drain, Phase 1 C -2463 Title of Project Contract No. (b) Contractor has been determined by City to be the lowest responsi- ble bidder on said public work, and Contractor's bid, and the compensation set forth in this contract, is based upon a careful examination of all plans and specifications by Contractor, NOW, THEREFORE, the parties hereto agree as follows: 1. Contractor shall furnish all materials and perform all of the work for the construction of the following described public work: Riverside Avenue Relief Storm Drain, Phase 1 C -2463 Title of Project Contract No. which project is more fully described in the contract documents. Contractor shall perform and complete this work in a good and workmanlike manner, and in accordance with all of the contract documents. 2. As full compensation for the performance and completion of this work as prescribed above, City shall pay to Contractor the sum of - ----- - - - - -- ---- Thirty -three Thousand Sixty -three Dollars and 00 /100-- - - - - -- This compensation includes (1) any loss or damage arising from the nature of the work; (2) any loss or damage arising from any unforeseen difficulties or obstruc- tions in the performance of the work; (3) any expense incurred as a result of any suspension or discontinuance of the work; but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 3. All of the respective rights and obligations of City and Contractor are set forth in the contract documents. The contract documents are incorporated herein by reference as though set out in full and include the following: (a) Notice Inviting Bids (b) Instruction to Bidders and documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and endorsement(s) • • Page 16 (f) Plans and Special Provisions for " Riverside Avenue Relief Storm Drain, Phase 1 C -2463 Title of Project Contract.No. (g) This Contract. 4. Contractor shall assume the defense of, and indemnify and hold harmless, City and its officers, employees and representatives from all claims, loss or damage, except such loss or damage proximiately caused by the sole negligence of City or its officers, employees and representatives. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. ATTEST: City Clerk AS TO FORM: CITY Nick Tomovich & Son, Inc. Name of Contractor (Principal) .'1N► --�- --ate '�i�.� A ,,;� � _ Authorized Signature and Title Authorized Signature and Title CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR RIVERSIDE AVENUE RELIEF STORM DRAIN PHASE I CONTRACT NO. 2463 I. SCOPE OF WORK The work to be done under this contract consists of installing mortar lined and coated steel storm drain pipe, concrete pier supports, access manholes and appurtenances through an under- ground parking garage in the Dominis Building from Pacific Coast Highway to the Newport Bay as shown on the Plans. The City has purchased the pipe materials and couplings. The pipe is 36 -inch diameter mortar lined and coated steel and has been manufactured in 20 -foot lengths. These materials will be available to the Contractor from the pipe supplier by October 11, 1985. All other materials required to complete the work shall be the responsibility of the Contractor. The Contractor shall be responsible for scheduling the delivery of the pipe materials and couplings to the site and for unloading the materials at the site. Compensation for this work shall be included in the con- tract unit price for installation of the respective materials and no additional compensation will be allowed. The Contractor shall connect to the 36 -inch diameter mortar lined and coated steel pipe wall penetrations which are to be installed by others at the time the walls of the Dominis Building are con- structed. The Contractor shall construct the concrete pipe sup- ports at the location of the reinforcing dowels which are to be installed by others at the time the slab of the Dominis Building is constructed. The Contractor shall coordinate the work described herein with the construction of the Dominis Building being done by others. The pipe is to be installed prior to the construction of the first floor slab as shown on the plans. The contract requires completion of all work in accordance with these Special Provisions, the Plans (Drawing No. D- 5166 -S), the Citv's Standard Special Provisions and Standard Drawings for , 1985 Edition, and the Standard Speci- `ications for Public Works Construction. 1985 Edition and supplements), copies of which are available at Building News, Inc., 3055 Overland Avenue, Los Angeles, Calif- ornia 90034, (213)870 -9871. Copies of the City's Standard Special Provisions and Drawings may be purchased at the Public Works Department. SP -1 II. TIME The Contractor shall complete all work on the contract within sixty (60) consecutive calendar days after award of contract by the City. The Contractor shall submit a construction schedule for review by the Engineer. This schedule shall be approved by the Engineer prior to the start of any work. The Contractor should consider the likelihood of rain storms and resultant flooding in the preparation of his work schedule and in the prosecution of his work. III. PAYMENT The unit or lump sum price for each item of work shown on the proposal shall be considered as full compensation for all labor, equipment, materials and all other things necessary to complete the work in place, and no additional allowance will be made thereafter. Payment for incidental items of work, not separately provided for in the proposal, shall be included in the price bid for other related items of work. IV. TRAFFIC CONTROL AND ACCESS A. General Traffic and access shall comply with Section 7 -10 of the "Standard Specifications for Public Works Construction" and the requirements set forth herein. Work in or around Pacific Coast Highway is not part of this contract and at no time shall the Contractor delay or block traffic on Pacific Coast Highway. V. CONSTRUCTION SURVEY STARING Field surveys for control of construction shall be the respon- sibility of the Contractor. Prior to performing construction work, the Contractor shall request each utility company to locate its facilities. Con- struction of the storm drain will cause work to be performed over, under and very near existing sewer, gas, electric, and water lines. The Contractor shall protect in place and be responsible for, at no additional cost, any damage to utilities encountered during construction of the items shown on the Plans. SP -2 Existing buildings and structures abutting proposed improvements are indicated on the Plans. Prior to construction, the Contrac- tor shall verify the location of existing buildings and struc- tures and shall protect them in place and be responsible for, at his own expense, any damage to them resulting from construction of the improvements. VI. MOBILIZATION This work shall be performed in accordance with the applicable requirements of Subsection 9 -3.4 of the Standard Specifications. VII. SHOP DRAWINGS The Contractor shall furnish to the Engineer such working draw- ings, material certifications, data or materials, and equipment and samples as are required for the proper control of the work including, but not limited to, the following: steel pipe straps, connection bolts, coatings, expansion joint material and pipe support lubrication material. All working drawings, data, and samples shall be subject to review by the Engineer for conformity with the drawings and specifications. VIII. CONCRETE Concrete shall conform to Section 201 of the Standard Specifica- tions and shall be placed in conformance with Section 303 -1.8 of the Standard Specifications. The reinforced concrete pier sup- ports shall be constructed of Class 560 -C -3250 concrete. IX. REINFORCEMENT STEEL Reinforcement steel shall conform to Section 201 -2 of the Stan- dard Specifictions and shall be placed in conformance with Sec- tion 303 -1.7 of the Standard Specifications. X. INSTALLATION OF PIPE The pipe shall be installed above the finished floor slab on con- crete pipe supports. The Contractor shall exercise due caution when installing pipe in existing 48" wall penetrations located between piers 3.and 4, 9 and 10. Prior to placement of the expansion material, the pipe must be supported in place to achieve the desired flow line elevation. The temporary supports are to remain until all expansion material is applied. 1. Field Welded Joints: Field welding of pipe joints shall conform to the requirements of the "AWWA Standard for Field Welding of Steel Water Pipe Joints" (AWWA C206). The weld shall be continuous and shall be inspected and approved by the Engineer before any protective coating is- placed around the outside of the joint. The Contractor shall notify the Engineer 24 hours in advance of when joints will be welded in order to permit inspec- tion to be scheduled. SP -3 Both the interior and exterior surfaces of the welded joints shall be given a mortar coating equal to the fac- tory applied coating of the adjoining pipe sections. Mortar coating shall be reinforced with a wire mesh. Handholes in the pipe shall not be permitted. Welding shall be done by skilled welders who have had adequate experience in the method and materials to be used. All welding operators shall be qualified under the standard qualification procedure of the latest edition of the ASME Boiler and Pressure Vessel Code, Section IX, Welding Qualifications. Any welder or welding operator performing work under this contract shall have been qualified for the process involved within the past 3 years. The Engineer may call for additional test plates as the work progresses and may demand the removal of any welder from the work under the contract whose work on the pipe is not satis- factory, regardless of the quality of the test welds. The Con- tractor shall furnish all materials and bear all expense of qualifying welders. 2. Closure Pieces: Where a butt -strap or closure piece is used, both the interior and exterior surfaces of the butt - strap or closure piece shall be given a coating equivalent to the factory - applied coating of the adjoining pipe sections. Mortar coating shall be reinforced with wire mesh. The mortar lining shall be similarly reinforced where the exposed length of the butt -strap or closure piece, as measured between the ends of the connected pipe section, exceeds 4 inches. 3. Handling of Pipe: Pipe shall be lifted by means of belt slings in such a manner as to minimize bending of the pipe section and prevent damage to the coating. Slings shall be equipped with spreader bars for pipe lengths of 20 feet. When being transported, pipe shall be supported in a manner that will prevent distortion or damage to the lining or coating. When not being handled, pipe shall be stockpiled on timber cradles or pro- perly prepared ground with all rock points eliminated. Any pipe section that becomes damaged as a result of improper handling or stockpiling shall be repaired to the satisfaction of the Engineer or shall be replaced with a new unit. XI. FLEXIBLE COUPLINGS Flexible couplings shall be Dresser, Style 38, Rockwell Style 411, or approved equivalent with long length sleeves. Couplings shall be of steel without pipe stop, and shall be of sizes to fit the pipe and fittings shown. The middle ring shall be not less than 1/4 -inch thick and shall be 16 inches in length. Couplings shall be-epoxy-coated at the factory as specified in "Protective Coating" of these Special Provisions. A 1 -inch gap shall be pro- vided between the pipe ends. Couplings shall be purchased by the City. SP =4 XII. MISCELLANEOUS METAL WORK A. General Miscellaneous metal work is defined as all items required to be fabricated from structural steel shapes, plates, bars, and their products. All structural steel shapes, plates, bars, and their products shall conform to the "Standard Speci- fications for Structural Steel" (ASTM Designation A36). Unless otherwise shown, all miscellaneous metal work of fabricated steel shall be galvanized after fabrication as provided in "Galvaniz- ing" of the Special Provisions. Shop drawings of all miscella- neous metal work shall be submitted. B. Galvanizing All structural steel plates, shapes, bars and fabricated assemblies required to be galvanized shall, after the steel has been thoroughly cleaned of rust and scale, be hot - dipped galva- nized in accordance with the "Specification for Zinc (Hot - Galvanized) Coatings on Products Fabricated from Rolled, Pressed and Forged Steel Shapes, Plates, Bars and Strip" (ASTM A123). Any galvanized part that becomes warped during the galvanizing operation shall be straightened. Bolts, anchor bolts, nuts, and similar threaded fasteners, after being properly cleaned, shall be galvanized in accorance with the "Specifications for Zinc Coating (Hot Dip) on Iron and Steel Hardware" (ASTM A153). Field repairs to galvanizing shall be made using "Galvinox ", "Galvo- Weld", or approved equivalent. C. Bolts 1. Except where otherwise shown or specified, all bolts, anchor bolts, nuts and washers shall be steel, galvanized after fabrication as provided in "Galvanizing" of these Special Provisions. 2. Except as otherwise provided herein, steel for bolts, anchor bolts and cap screws shall be in accordance with "Specifications for Low Carbon Steel Externally and Internally Threaded Standard Fasteners," Grade B (ASTM Designation A307), or " Specifictions for Carbon Steel Bars Subject to Mechanical Property Requirements" (ASTM Designation A306), or threaded parts of ASTM A36 and shall meet the following additional requirements: (a) The nut material shall be free - cutting steel, and (b) the nuts shall be capable of developing the full strength of the bolts. Threads shall be Coarse Thread Series conforming to the requirements of the American Standard for Screw Thread. All bolts and cap screws shall have hexagon heads and nuts shall be Heavy Hexagon Series. 3. Threads on galvanized bolts and nuts shall be chased with suitable taps and dies such that they retain the nor- mal clearance after hot -dip galvanizing. SP -5 XIII. PROTECTIVE COATING A. General The interior and exterior posed or bare edges of piping and coated as specified herein. B. Material of flexible couplings and ex- appurtenances shall be epoxy 1. Except as otherwise provided herein, epoxy coating shall have a minimum thickness of 16 mils and shall conform to the "Fusecoat Fused Epoxy Coating Process" (Fusecote Company, Inc., (213) 443- 6760), or as approved by the Engineer. 2. Where, in the Engineer's opinion, because of the nature of the item being coated, it would be impossible to use the Fuse Coat method without causing damage to the item, the use of a liquid epoxy will be permitted. Said liquid epoxy shall be Minnesota Mining and Manufacturing Company, No. 302 (SOC -CO Plastic Coating Company, Reysite 740), or as approved by the Engineer. C. Surface Preparation For surfaces to be epoxy- coated, the surface shall be blast - cleaned in accordance with SSPC -SP -5 (White Blast Clean- ing). The grit size used shall be as recommended by the epoxy manufacturer. D. Application Application of the epoxy coating shall be in accordance with the manufacturer's instructions; provided that, if liquid epoxy is permitted, it shall be applied in not less than 3 spray coats to give the required total thicknesses. E. Thickness of Coating The minimun dry coating thickness shall typically be 16 mils. F. Inspection Coating thickness shall be checked with a non- destructive magnetic type thickness gauge. Coating integrity shall be tested with a wet sponge testing unit operating at approximately 60 volts. All pinholes shall be marked, repaired, and retested. No pinholes or other irregularities will be per- mitted on the final coating. SP -6 • f G. Field Repairs If small local repairs are necessary, they shall be made using a liquid epoxy recommended by the manufacturer of the epoxy with which the item was initally coated. The surface shall first be hand tool cleaned in accordance with SSPC -SP -2 (Hand Tool Cleaning). The repair epoxy material shall be applied in accor- dance with the manufacturer's instructions. XIV. TESTING The Contractor shall test Engineer. All joints shall the test which shall consist end of each test section at be permitted in the building, XV. ITEMS OF WORK 1. Mobilization all pipe in the presence of the be exposed over the entire length of of maintaining pressure at the lower 30 psi for 4 hours. No leakage will Work under this item includes all work necessary to move onto and off of the construction site. Work also includes esti- mating, coordination, bonds, insurance and any other work items necessary to administer the work. Payment for this work will be made at the contract lump sum price. 2. Install 36" Mortar Lined and Coated Steel Storm Drain Work under this item is for the construction of a por- tion of the storm drain as shown on the project drawings from the Pacific Coast Highway to the Newport Bay, and shall include installing all pipes, fittings, specials, and appurtenances, including access manholes, including blocking, temporary test bulkheads, butt straps, coatings, connection to existing pipes, backfilling, compacting, and expansion joint materials. Payment for this work will be made at the contract price per lineal foot of 36 -inch mortar lined and coated steel pipe actually installed. 3. Furnish and Install Concrete Pipe Support and Pipe Strap Work under this item is for the construction of the con- crete pipe cradles and shall include furnishing and installing all reinforcing, concrete, steel straps, surface treatment and appurtenances as shown on the plans. Payment for this work will be made at the contract price per each concrete cradle pipe sup- port installed. 4. Install 36" Flexible Coupling Work under this item includes installing the flexible couplings, complete with all bolts, nuts, gaskets, coatings and appurtenances required as shown on the plans. Payment for this work will be made at the contract price per each flexible coup- ling installed. SP -7 September 23, 1985 CITY COUNCIL AGENDA BY THE CITY COUNCIL ITEM NO. F-3(b) CITY OF NEWPORT BERGH SEP 23 1°B' TO: CITY COUNCIL APPROVED FROM: Public Works Department SUBJECT: RIVERSIDE AVENUE RELIEF STORM DRAIN, PHASE 1 (C -2463) RECOMMENDATIONS: 1. Waive the irregularity in the bid documents of Nick Tomovich & Son, Inc. 2. Award Contract No. 2463 Age. for the total price of $33,063 and authorize the Mayor and the City Clerk to execute the contract. DISCUSSION: • At 11:00 A.M. on September 12, 1985, the City Clerk opened and read the following bids for this project: Bidder Total Price Low Nick Tomovich & Son, Inc. $33,063 2. Macco Constructors, Inc. $34,005 3. Wilson's Equipment Rentals, Inc. $34,660 The low bid is 65% above the Engineer's estimate of $20,000. It appears that the design consultant underestimated the construction costs asso- ciated with tough working conditions and the Contractor's need to coordinate his work on the worksite of another contractor. (The storm drain is to be installed through the basement of the John Dominis building under construction at the old Rosan site just westerly of Riverside Avenue -- see attached sketch.) The low bidder, Nick Tomovich & Son, Inc. has not performed previous contract work for the City; however, a check with their experience referents and with the State Contractor's License Board has indicated that Tomovich (1) has successfully performed a wide variety of difficult public works projects in • Southern California, and (2) has no actions pending against his contractor's license, respectively. Tomivich's bid documents included an unsigned Technical Ability and Experience References sheet and an unnotarized Non - Collusion Affidavit. Tomovich claimed that the lack of signatures was an oversight, and submitted September 23, 1985 • 0 Subject: Riverside Avenue Relief Storm Drain, Phase 1 (C -2463) Page 2 properly executed documents the day after the bid opening. Inasmuch as the • documents are now fully executed and the competitive bid process has not been violated, staff recommends that the irregularities be waived as immaterial. The City Attorney concurs in this opinion. Contract No. 2463 requires the City's contractor to coordinate materials delivery to the site, unload, install and pressure test pipe at the appropriate time in the sequence of construction of the Dominis Building. It appears that the work will occur before the end of November 1985 Funding for award is proposed from Account No. 02- 3497 -345, Construct Riverside Avenue Storm Drain. The plans and specifications were prepared by ASL Consulting Engineers. ASL is presently completing plans and specifications for a Phase 2 contract to construct the City's storm drain across Pacific Coast Highway. Such construction may be desirable next spring upon completion of the Dominis Building. • Benjamin B. Nolan Public Works Director LRD:jd Att. • � G I l o s It • r O c CY t4 r rr efaco,v Sr µ F E a�{ 2 CA • Y % N 1 o ! rP Iz n h a _ Is is ? � v QEOCaA/ $ pe.rfJ • s Ep c of .• "e..a '"° �` 4 T � i''P A�E IT i4loqWAY POO 1 - ,1 11 111 1 1 11 1 r QSr . nd' ...n:e., 1 r 11 111 111 Ili 111 ,', 919 ✓, 11 11 1a II 11 11 �, 11 , LINE rf CI R M s 1 � � gULKNEAO 1� occ / 38.39 L�N 53� P E.rao•, �1 �" u•S. GIER H EAO ion' �o l , RIVERSIDE AVE. RELIEF STORM DRAIN SCAL- E; 1 = 20,0 0 f Authoraed to Publish Advertisements of alt'fi,nds including public notices by Decree of the Superior Court of Orange County, California. Number A -6214, dated 29 September. 1961, and A- 24631. dated 11 June. 1963. STATE OF CALIFORNIA County of Orange PvWK Not" Add ,Ynt cu r•p 0, tho •Mdb.l n W m 7 DOlpt win to P cdumn wGth I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the Orange Coast DAILY PILOT, with which is combined the NEWS - PRESS, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that a Notice of Inviting Bids of which copy attached hereto is a true and complete copy, was printed and published in the Costa Mesa, Newport Beach, Huntington Beach, Fountain Valley, Irvine, the South Coast communities and Laguna Beach issues of said newspaper for 1 time sssmiifxsxESl�do wit the issue(s) of August 29 5 198— 198_ 198_ , 198_ 198_ I declare, under penalty of perjury, that the foregoing is true and correct. Executed on August 30 1198 5 at Cost�sa, California. Signature 0 t1NwltlAa m D[sln, * Remhday m 1H6.. L two, City Box ten, R o4 August 26, 1985 CITY COUNCIL AGENDA ITEM NO. F -15 TO: CITY COUNCIL FROM: Public Works Department BY THE CITY COUNCIL SUBJECT: RIVERSIDE AVENUE RELIEF STORM DRAIN, PHASE 1, (C -2463) CITY OF NEWPORT BEACH AUG 2 G 1985 RECOMMENDATIONS: 1. Approve the plans and specifications. APPROVED Authorize the City Clerk to tdvertiss-.i'or,bi,da to be opened at 11:00 A.M. on September 12, 1985. DISCUSSION: The current budget contains an appropriation for the construction of a new storm drain between Pacific Coast Highway and Newport Bay to relieve. flooding problems at the intersection of Pacific Coast Highway and Riverside Avenue. Phase 1 of the new storm drain is to be placed through the basement of the John Dominis building under construction at the old Rosan site just • westerly of Riverside Avenue. (See attached sketch and Council item dated February 11, 1985.) Bids to provide the materials for Phase 1 were opened in the Purchasing Agent's office on August 16, 1985. The materials purchase will be through Ameron Pipe Group whose $37,817.70 bid was 64% lower than United Concrete Pipe's bid of $62,010. The purchase is in accordance with a resolu- tion authorized pursuant to the attached Council item dated Augsut 12, 1985. Contract No.2463 provides for a firm under contract to the City to install the City's pipe materials in the Dominis building only. Our contractor is to coordinate Ameron's delivery to the site, unload, install and pressure test the pipe at the appropriate time in the sequence of construction of the Dominis building. It appears that the installation will occur before the end of November, 1985. ASL Consulting Engineers has prepared plans and specifications for the materials supply and the materials installation contracts. ASL's estimate for the materials installation contract is $20,000. Sufficient funds are avail- able in the Riverside Avenue Relief Storm Drain account to award this amount. • ASL is presently completing plans and specifications for the Phase contract to construct the storm drain across Pacific Coast Highway. Such construction is anticipated to occur upon completion of the Dominis building ne t year. Beni min B. Nolan Public Works Director LRD:jw Att. 16 > ,o ', W I -� el�/r• 17 /7 :E 4 Ste` 20 00 s I9 d E� c I/ i �r A� • °�. e :> 3 I/ .i / I :i' ♦. S 40� Wr pLEpR ,.e •r °R: `''4L S ` h .p ay {goy° Jj• '. C )9 �l T� CVFF eEacvn/ Sr t r" WEµ, iX 1 u 1 55 � I b ► 9 < L� • o O • 3f � • .°; iQ sits /L s v. - �tit t 5e ° ; .3e i. 1 •: >f i v GO fl, p d` t� a, 1 h e «Y)y LM. ycvN tilo 43, It lT ~b p W d0 ,ro s1 HIGHNAY' j,". ,� 90 ye y "CpHQ ,Z 4 �U� D rEr+GT M i J��U. S . a rl AHEAD LI 1R� 'c` / A 38.39 ' i till �S oI� qa P.M RIVERSIDE AVE. RELIEF STORM DRAIN sc,c1L- E; 4" = 2 oof E I ' � I s; LINE N� � I • 0 • February 11, 1985 CITY COUNCIL AGENDA ITEM NO. F -22 BA -068 TO: CITY COUNCIL FROM: Public Works Department SUBJECT: BUDGET AMENDMENT -- RIVERSIDE AVENUE RELIEF STORM DRAIN (C -2463) RECOMMENDATION: Approve a $155,000 budget amendment for a drainage project to construct a storm drain crossing Coast Highway 350 feet westerly of Riverside Avenue. DISCUSSION: A Mariners Mile drainage study was budgeted.for the current fiscal year, and has now been substantially completed. The study, among other items, • evaluated flooding problems at the Riverside Avenue /Coast Highway intersection and the areas tributary to it. The existing storm drain crossing Coast Highway at Riverside Avenue does not have sufficient capacity to accept all the storm water runoff reaching the intersection. The study concludes that additional storm drain crossings of Coast Highway are necessary to accommodate the runoff from the tributary drainage area. New storm drain crossings of Coast Highway must be coordinated with the ability to obtain storm drain easements between the highway and the bay. When the redevelopment of the Rosan property by Senator Anderson was approved by the City, he was required to dedicate a storm drain easement and allow the construction of a storm drain through the structure, if one was needed. The drainage study indicates that a 42 -inch storm drain installation through his site in conjunction with upstream improvements will relieve the flooding problem at Riverside Avenue. The installation of a storm drain crossing of Coast Highway anywhere in the Mariners Mile area is complicated by the presence of at least nine uti- lity lines, ranging in size from 24 -inch sewer lines to an 8 -inch water line. Some of these facilities cannot be either raised or lowered to accommodate the • storm drain crossing. As a result the storm drain must be placed below the existing facilities. Due to the traffic on Coast Highway and the lack of available detours, the pipe will most likely have to be jacked under the road- way, with any surface work in the roadway being done at night. A jacking opera- tion will require a sizable excavation outside of the street right of way. rol 0 Febuary 11, 1985 Subject: Budget Amendment -- Riverside Avenue Relief Storm Drain (C -2463) Page 2 Senator Anderson's project is currently being processed through the Building Department to obtain building permits. His architect has indicated that they hope to begin construction in February. If the City is to install a storm drain through or under the structure, it will need to be done in late March. It is assumed that the storm drain jacking pit can be accommodated on site during the building constuction process. The City's consultant has esti- mated that it will cost $155,000 to install a 42 -inch storm drain under Coast Highway and through the Anderson property to the bay. The current appropria- tions for drainage projects did not include the installation of this storm drain and a budget amendment is necessary to fund the project. In the past, the City has not had the opportunity to install new storm drains crossing Coast Highway in the Mariners Mile area. It is recommended that the funds be budgeted so that the City can construct a needed facility in con- junction with the Anderson project. Benjamin B. Nolan Public Works Director DW:jd • N August 12, 1985 CITY COUNCIL AGENDA ITEM NO. F -2(f) 0 TO: CITY COUNCIL FROM: Public Works Department SUBJECT: RIVERSIDE AVENUE STORM BRAIN BYPASS THROUGH THE JOHN DOMINIS BUILDING RECOMMENDATION: Adopt a resolution authorizing the Purchasing Agent to award an infor- mal contract exceeding $12,000 to purchase material for the storm drain installation through the John Dominis building site. DISCUSSION: The John Dominis Building.is now under construction on the old Rosans site on Coast Highway just westerly of Riverside Avenue. The developer is required to provide space in his structure to allow for the installation of a 36 -inch- diameter storm drain running along the westerly side of the property • between Coast Highway and the bay. The City's consultant has been working with the developer's architect to coordinate the design of the drain to fit within the structure. Due to changes in the structure design, the storm drain design was unable to be completed until the last of July. The storm drain pipe will need to be installed in the building before the parking garage roof is constructed sometime in early November. L The City's consultant has checked with pipe suppliers and has found that storm drain pipe of the type needed for this installation has an eight- to ten -week delivery time. It has also been estimated that the storm drain pipe and appurtenances will cost $36,000. This figure is for materials only, and does not include installation costs. Section 1110 of the Charter prescribes formal bidding process for purchases and contracts in excess of $12,000. This section also provides that the City Council without advertising for bids may declare and determine that in its opinion, based on estimates approved by the City Manager, the materials may be purchased more economically on the open market and after the adoption of a resolution to this effect by at least five affirmative votes of the Council, may proceed to have said materials purchased. To meet the developer's schedule of early November, there is not suf- ficient time to go through the formal bid process to acquire the storm drain pipe. This process would add four to six weeks to the schedule and delay the developer by that amount of time. August 12, 1985 Subject: Riverside Avenue Storm Drain Bypass Through the John Dominis Building Page 2 The pipe suppliers are currently so busy that they will not commit to supplying the pipe in less than eight to ten weeks. If the garage roof is constructed prior to the storm drain installation, it is estimated that installation costs will be increased by a minimum of $10,000. It is recommended that the Council adopt a resolution authorizing the Purchasing Agent to purchase materials on the open market utilizing an informal sealed bid procedure. There are only two pipe manufacturers in the Southern California area that can supply the storm drain pipe to the City, and both have expressed an interest in bidding on the pipe. The informal bid procedure should result in the same material price to the City, without the added costs for installation due to the delays of the formal bid process. There is sufficient time to process a formal contract for the installation of the pipe and that will be done in September. The current budget provides funds for the cost of the pipe and its instal�l,at]ioonn in Account No. 02- 3497 -345. 0Ol e C— Don Webb • City Engineer DW:jd is • r February 11, 1985 BY THE CITY COUNCIL CITY COUNCIL AGENDA • CITY OF NEWPORT BEACH ITEM NO. BA ?068 FEB 111985 TO: CITY COUNCIL l� 1.1n wR ♦ ��� FROM: Public Works Department SUBJECT: BUDGET AMENDMENT -- RIVERSIDE AVENUE RELIEF STORM DRAIN RECOMMENDATION: Approve a $155,000 budget amendment for a drainage project to construct a storm drain crossing Coast Highway 350 feet westerly of Riverside Avenue. DISCUSSION: A Mariners Mile drainage study was budgeted for the current fiscal • year, and has now been substantially completed. The study, among other items, evaluated flooding problems at the Riverside Avenue /Coast Highway intersection and the areas tributary to it. The existing storm drain crossing Coast Highway at Riverside Avenue does not have sufficient capacity to accept all the storm water runoff reaching the intersection. The study concludes that additional storm drain crossings of Coast Highway are necessary to accommodate the runoff from the tributary drainage area. New storm drain crossings of Coast Highway must be coordinated with the ability to obtain storm drain easements between the highway and the bay. When the redevelopment of the Rosan property by Senator Anderson was approved by the City, he was required to dedicate a storm drain easement and allow the construction of a storm drain through the structure, if one was needed. The drainage study indicates that a 42 -inch storm drain installation through his site in conjunction with upstream improvements will relieve the flooding problem at Riverside Avenue. The installation of a storm drain crossing of Coast Highway anywhere in the Mariners Mile area is complicated by the presence of at least nine uti- lity lines, ranging in size from 24 -inch sewer lines to an 8 -inch water line. Some of these facilities cannot be either raised or lowered to accommodate the • storm drain crossing. As a result the storm drain must be placed below the existing facilities. Due to the traffic on Coast Highway and the lack of available detours, the pipe will most likely have to be jacked under the road- way, with any surface work in the roadway being done at night. A jacking opera- tion will require a sizable excavation outside of the street right of way. C3 ,0> M • Febuary 11, 1985 Subject: Budget Amendment -- Riverside Avenue Relief Storm Drain (C -2463) Page 2 Senator Anderson's project is currently being processed through the Building Department to obtain building permits. His architect has indicated that they hope to begin construction in February. If the City is to install a storm drain through or under the structure, it will need to be done in late March. It is assumed that the storm drain jacking pit can be accommodated on site during the building constuction process. The City's consultant has esti- mated that it will cost $155,000 to install a 42 -inch storm drain under Coast Highway and through the Anderson property to the bay. The current appropria- tions for drainage projects did not include the installation of this storm drain and a budget amendment is necessary to fund the project. In the past, the City has not had the opportunity to install new storm drains crossing Coast Highway in the Mariners Mile area. It is recommended that the funds be budgeted so that the City can construct a needed facility in con- junction with the Anderson project. Benjamin B. Nolan Public Works Director DW:jd is •