HomeMy WebLinkAboutC-2716 - Storm Drain Improvement ProgramApril 16, 1990
ROBERT F. DRIVER COMPANY, INC. • COMPLETE INSURANC &BOND SERVICE•
Mr. Gary Thibodo
Drainage Construction Co., Inc.
1505 Sycamore Avenue
Vista, CA 92083
Re: City of Newport Beach
Contract No. C -2716
Bond No. 114 71 68
Dear Gary:
I am in receipt of the Contract Termination Agreement and Mutual
Release on the referenced contract. To close our file we will
also have to have the original Performance and Payment bonds
returned. Thank you for your assistance.
Sincerely,
ROBERT F. /DRIVER CO., INC.
smh
Executive
Mailed above bonds on April 30, 1990
City Clerk's Office of Newport Beach
HOME OFFICE
7620 FIFTH AVENUE. SAN DIEGO. CALIFORNIA 92101 - 2703.16191 238 -1828
Robert F....Driver Company
1620 5th Ave.
San Diego, CA 92118
... .. .. .... ..
CITY�OF NEWPORT B ACH x
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714),644-3005
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: January 25, 1990
SUBJECT: Contract No. C -2716
Description of Contract Storm Drain Improvement Program
Effective date of Contract January 25, 1990
Authorized by Minute Action, approved on December 11, 1989
Contract with Drainage Construction Co., Inc.
Address 1505 Sycamore Avenue
Vista. CA
Amount of Contract $157.000.00
" s 4e
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
CITY CLERK
,9
d 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 92659 -1768
until on the 30th day of November , 1989,
at whi time such bids she3T be opened and read for
STORM DRAIN IMPROVEMENT PROGRAM
Title of Protect
2716
Contract No.
$.210,000.00
Engineer's Estimate
9 A •
0 A
�'
n
s,
Approved by the City Council
this 13th day of November , 1989.
C.a
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 92659 -1768.
For further information, call Steve Luy at 644 -3311.
Project Manager
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
STORM DRAIN IMPROVEMENT PROGRAM
1989-90
CONTRACT NO. 2716
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard
P. 0. Box 1768
Newport Beach, CA 92659 -176E
Gentlemen:
PR 1.1
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
furnish all materials and do all the work required to complete this Contract No. 2716
in accordance with the Plans and Special Provisions, and will take in full payment therefor
the following unit price for the work, complete in place, to wit:
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
1. Lump Sum Mobilization
SIXTEEN THOUSAND FIVE HUNDRED
NINETY @ NINETY---------------- - - - - - --
and
7FR0------------------------- - - - - -- Cents $ 16,590.00 $ 16,590.00
Per Lump Sum
2. 480 Line existing 8 -inch CSP storm drain
Lineal Feet
@ THIRTY -NINE ----------------- - - - - -- Dollars
and
ZERO------------------------- - - - - -- Cents $ 39.00 $ 18,720.00
Per Lineal Foot
3. 1410 Line existing 12 -inch CSP storm drain
Lineal Feet
@ FORTY----------------------- - - - - -- Dollars
and
ZERO------------------------- - - - - -- Cents $ 40.00 $ 56,400.00
Per Linea Foo
4. 150 Line existing 43 -inch x 27 -inch CSP Arch
Lineal Feet
@ SEVENTY - FIVE---------------- - - - - -- Dollars
and
ZERO-------------------------- - - ` - - -- -Cents $ -- - 75.00 -- $ ° 11,250.00
Per Lineal Foot -` - -- -- -- - -� - -� - --
•
•
PR 1.2
ITEM ITY M DESCRIPTION UNIT TOTAL
` N0. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
5.
0
7
f
8
v
290
Lineal Feet
220
Lineal Feet
185
Lineal Feet
125
Lineal Feet
325
Lineal Feet
Line existing 18 -inch CSP storm drain
@ FORTY - ONE ------------------- - - - - -- Dollars
and
ZERO --------------- -- ---- -- - - - - -- -Cents
Per Lineal Foot
Line existing 21 -inch CSP storm drain
@ FORTY- SIX------------------- - - - - -- Dollars
and
ZERO----- -------------------- - - - - -- Cents S
Per Lineal Foot
Line existing 24 -inch CSP storm drain
41.00 $ 11,890.00
46.00 $ 10,120.00
@ FORTY- EIGHT----------------- - - - - -- dollars
and
ZERO------------------------- - - - - -- -Cents $ 48.00 $ R n_nn
Per L inea T Foot
Line existing 30 -inch CSP storm drain
@ FIFTY----------------------- - - - - -- Dollars
and
ZERO------------------------- - - - - -- -Cents $ 50.00 $ 6,250.00
Per Lineal Foot
Line existing 36 -inch CSP storm drain
@ FIFTY - TWO------------------- - - - - -- Dollars
and
ZERO------------------------- - - - - -- -Cents $ 52.00 $ 16,900.00
Per Lineal Foot
TOTAL PRICE WRITTEN IN WORDS:
ONE HUNDRED FIFTY -SEVEN THOUSAND ------------------ - - - - -- Dollars
and
ZERO------------------------------------------------ - - - - -- -Cents
505029 -A
Contractor's Lic. No. & Classification
(619) 727 -3114 _
Bidler s— TeTphone Num e -6—r
November 29, 1989
Date
$ 157,000.00
DRAINAGE CONSTRUCTION CO., INC.
niaaer�
S/ GaryThibo o,,SPresident
Authorize ignature Tit e
15051505 Sycamore Avenue, Vista, CA 92083Avenue, Vista, CA 92083
Bidder's Address
0
INSTRUCTIONS TO BIDDER-)
4
Page 2
The following 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 SUBCONTRACTORS
4. BIDDER'S BOND (sum not less than 10% of total bid price)
5. NON- COLLUSION AFFIDAVIT
6. 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 documents.
The City of Newport Beach will not permit a substitute format for the
documents listed above. Bidders are advised to review their content with bonding
and legal agents prior to submission of bid.
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 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
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 respon-
sible for bidder errors and omissions in the PROPOSAL.
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 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
inclusive). The Contractor shall be responsible for compliance with Section
1777.5 of the California Labor Code for all apprenticeable occupations.
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.
505029 -A
ontr's Lic. No. & Classification
November 29, 1989
Date
DRAINAGE CONSTRUCTION CO., INC.
Bidder) p
S /Gary Thi odo, President
Authorized Signature /Title
Page 3
DESIGNATION OF SUBCONTRACTOR(S)
State law requires the listing of all subcontractors who will perform work in an
amount in excess of one -half of one percent of the Contractor's total bid. If a
subcontractor is not listed, the Contractor 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.
The Bidder, by signing this designation, certifies that bids from the following
subcontractors have been used in formulating the bid for the project and that
these subcontractors will be used subject to the approval of the Engineer and in
accordance with State law.
Subcontract Work Subcontractor Address
1025 Commerce Drive
1. Pipe Supplier A.D.S. Inc. Modera, CA 93637
2.
3.
4.
5.
6.
1.
8.
9.
10.
11.
12.
DRAINAGE CONSTRUCTION CO.,INC.
Bidder ��pp
U
S/ Gary ibod�o, Pgresident
Authorized Signature /Title
Page 4
BIDDER'S BORD
KNOW ALL MEN BY THESE PRESENTS,
That we, , as bidder,
and , as Surety, are held
and firmly bound unto the City of Newport Beach, California, in the sum of
Dollars ($
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
Title of Project Contract No.
in the City of Newport Beach, is accepted by the City Council of said City, and if
if the above bounden bidder shall duly enter into and execute a contract for such
construction and shall execute and deliver to said City the "Payment" and
"Faithful Performance" contract bonds described in the Specifications within ten
(10) days (not including Saturday, Sunday, and Federal holidays) after the date of
the mailing Notice of Award to the above bounden bidder by and from said City,
then this obligation shall become null and void; otherwise it shall be forfeited
to the said City.
In the event that any bidder above named executed this bond as an individual,
it is agreed that the death of any such bidder shall not exonerate the Surety from
its obligation under this bond.
IN WITNESS WHEREOF, we hereunto set our hands and seals this day
of 19
Bidder
(Attach acknowledgment of
Attorney -in -Fact)
Notary Public
Authorized Signature /Title
Commission Expires:
Surety
32
Title:
owaUnaNCe COMPANY art Ywe wet.
�.Qylo• i�aa]
BID OR PROPOSAL BOttND
KNOW ALL MEN BY THESE PRESENTS:
Thatwe, DRAINAGE CONSTRUCTION CO., INC.
(hereinafter called the principal), and INSURANCE COMPANY OF THE WEST, a ccrporatfon organized and doing business under
and by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing art becoming sole surety
upon hands or undertakings required r authorized by the laws of the State of CALIFORNIA
as Surety, are held and firmly bound u, to CITY OF NEWPORT BEACH (hereinafter called the obligee)
in the just and full sum of TEN PERCENT OF THE TOTAL AMOUNT OF THE ACCOMPANYING BID — — — — — — — —
Dollars (S 10% OF BID— — — — — —) lawful money of the United States of America, for the payment of which, well and truly to be
made, we hereby bind ourselves and our and each of our successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS 08 LIGATION IS SUCH THAT, WHEREAS, the above bounden principal as aforesaid, is about to hand in
and submit to the obligee a bid ar.praposal dated 11/30/89 for
STORM DRAIN C -2716
in accordance with the plans and specifications teed in the office of the obligee and under the notice inviting proposals therefor.
NOW, THEREFO RE, if the bid or proposal of said principal shall be accepted, and• the contract for such work be awarded to the
principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as
required by law, then this obligation tCbe null and void, otherwise to be and remain in full force and effect.
IN WITNESS WH ER EO F, said principal and said Surety have caused these presents to be duly signed and sealed this 29TH
day of NOVEMBER 11989
r
ICW CAL 120
DRAINAGyE� CONSTRU�CTIOONN CO., INC.
BY: /jd�_
It
By
1
STATE OF CALIFORNIA )
`t ) ss..
;CITY AND COUNTY OF SAN DIEGO
I
On this 29TH day of NOVEMBER 19 89, before me, the undersigned Notary Public
in and for the State, personally appeared JEROLD D. HALL a person known to
me (or proved to me on the basis of satisfactory evidence), to be the person who executed the
written instrument as Attorney -in -Fact on behalf of the corporation therein named and
acknowledged to me that the corporation executed it.
Given under my hand
My commission expires
i Notar\:
Seal this 29TH day of
Nv i p' :C G1J F0 ^.NIA
F.•..•��••. OFFICE IN
SAN D:ZGO COUNTY
m EXP.,es January 1, 1990
NOVEMBER
Nobary Public
A.D. , 109
INSURAN^P COMPANY OF THE INEST _
HCM.'c OFFICE: SAN DIEGO, CALIFCRNIA
Certified Copy of
POWER OF"ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a Corporction duly
authorized and existing under the lows of the State of Cclifornic and having its principcL
office in the City of San Diego, Cclifornia, does hereby nominate, constitute and appoint:
JEROLD D. HAIL
its true cnd lawful Attorney(s) -in -Feet, with full power cnd cuthority hereby conferred in
its home, piece and stead, to execute, seal, acknowledge and deliver any and all bonds,
undertakings, recogni--cnces or other written obligations in the nature thereof.
This Power of Attorney is granted and is signed cnd sealed by fccsimile under and by the
authority of the following Resolution adopted by the Board of Directors of INSUPANC_
COMPANY OF THE WEST et o meeting duly called and held on the Sixth coy of Februcry, 1973,
which scid Resolution has not been emended or rescinded and of which the followingg is c
true, ful1,'end complete copy:
"RESOLVED: Thct the President or Secretary may from time to time appoint Attorneys -in-
Fact to represent and act for and an behalf of the Company, end either the President or
Secretary, the Board of Directors or Executive Committee may at any time remove such
Attorneys -in -Fact and revoke the Power of Attorney given him or her; cnd be it further
RESOLVED: That the Attorney -in -Fact may be given full power to execute for cnd in the
name of and on behalf of the Company cny end all bonds end undertakings es the business of
the Car.acny mcy require, and any such bands or undertakings executed by any such Attorney -
in -Fact shall be as binding upon the Company as if signed by the President cnd sealed and
attested by the Secretary."
IN WITNESS WHEREOF. INSURANCE COMPANY OF THE WEST has caused its official seal to be here-
unto
affixed
and these
presents to
be signed by its
duly authorized officers this
27T:
u_.Y OF
JUNE 1988.
A
INSURANCE
COMPANY OF THE WEST
�, Ca"•T�IIa" E•P IA,wAry 8. I"Z
`�p)lNr0
N1Lr i1
p IP
t'
Presicerft
STATE
OF CALIFORNIA
COUNTY OF SAN
DIEGO
On this 27TH DAY OF JUNE 1988 before the subscriber, a Notary Public of the State
of California, in and for the County of San Diego, duly commissioned cnd quclified, come
BERNARD M. FELDMAN, President of INSURANCE COMPANY OF THE WEST, to me personally known, to
be the individual and officer described in and who executed the preceding instrument, cnd
he acknowledged the execution of the some, and being by me duly sworn, deposeth and scith,
that he is the said officer of the Corporation aforesaid, and that the seal affixed to the
preceding instrument is the Corporate Seal of the said Corporation, and that the said
Corporate Seal and his signature es such officer were duly affixed end subscribed to the,
said instrument by the authority and direction of the said Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City
of Son Diego, the day and year first above written.
ofc,aa SEAL
Y�
^� 1�
NOP.MA PORTER
NOOIRY PUCLIC • CALIFORNIA
PRINCIPAL OFFICE IN
A
SAN a,ECO COUNTY
�, Ca"•T�IIa" E•P IA,wAry 8. I"Z
STATE OF CALIFORNIA SS:
OF SAN DIEGO
tory
I, the undersigned, JAMES W. AUSTIN, III, Secretary of INSURANCE COMPANY OF THE WEST, do
hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true
and correct copy, is in full farce and effect, and has not been revoked.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, end affixed the
Corporate Seal of the Corporation, this 29TH day of NOVEMBER 1B9
LJY IIMrO
Ic•W cat 37(R-=V. 5/87) ,/
0
NON - COLLUSION AFFIDAVIT
Page 5
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 arrangement 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 considering 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 suggested, 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
whomsoever 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.
Subscribed and sworn to before me
this day of ,
19
My commission expires:
DRAINAGE CONSTRUCTION CO., INC. _
Bidder
S /Gary Thibodo, President
Authorized Signature /Title
Notary Public
r
STATE OF CALIFORNIA )
ss:
CITY AND COUNTY OF SAN DIEGO )
On this ( of )i£�'E'��'� F-�� 19�� , before me, the undersigned
Notary Public in and for the State, personally appeared (�I't r t - -y �) . _0-) I b0 d 0
a person known to me (or proved to me on the basis of satsfa ry evidence),
to be the person who executed the written instrument as - �(' i d � A'-0—
on behalf of the corporation therein named and acknowledged to me that the
corporation executed it.
_
OF
__iMil L• SEAL
} Sabrina M. Kennedy
Notary Public - Caldomo
r SAN Dt GC COUNTY
Notary Public in and for said County tate My COnrn Eyt JU r2A 1683
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.
-- - - - - -- SEE ATTACHED --- - - - - --
1
DRAINAGE CONSTRUCTION CO., INC.
Bidder ,,,��CC,
S/ Gaar ibodo� ident
Authorized Signature /Title
I
6
DRAINAGE CONSTRUCTION CO., INC.
AUGUST 14, 1989
!*11040
OWNER: City of Sierra Madre
232 W. Sierra Madre Blvd.
Sierra Madre, CA 91024
CONTACT: James E. McRae (818) 355 -7135
PROJECT TITLE: Water Distribution System
Phase II
CONTRACT AMOUNT: $442,.000.00
PROJECT COMPLETED: 1987
OWNER: County of Los Angeles
Los Angeles County Flood Control District
Pipeline Construction
Department of Public Works
P.O. Box 4089, Terminal Annex
Los Angeles, CA 90051
CONTACT: Kahler V. Russell or R.E. Etcheverry (818) 458 -5100
PROJECT TITLE: Extension of Line J of Project No. 8550 Whittier,
Unit 3, 1970 Storm Drain Bond Issue, in the City of Whittier,
California
CONTRACT AMOUNT: $443,000.00
PROJECT COMPLETED: 1987
OWNER: Quail's Trail Corporation
1505 Sycamore Avenue
Vista, CA 92083
CONTACT: Russell L. Thibodo (619) 727 -3119
PROJECT TITLE: All Improvements Grading, Utilities, Paving,
Installation Landscaping for the Purpose of the Private Gated
Community of Quail Ranch, Vista, California
CONTRACT AMOUNT: $1,400,000.00
PROJECT COMPLETED: 1987
OWNER: City of Riverside
3900 Main Street
Third Floor
Riverside, CA 92522
CONTACT: Michael Katusian
PROJECT TITLE: Allesandro
Schedule I
or Robert E. Keck, Sr., (714) 782 -5483
Blvd. and Wood Road Trunk Sewer
CONTRACT AMOUNT: $500,000.00
PROJECT COMPLETED: 1987
1
OWNER: Capistrano Valley Water District
P.O. Boa 967
San Juan Capistrano, CA 92693
CONTACT: Robert W. Clark, (714) 493 -1515
PROJECT TITLE: Camino Capistrano Feeder Phases I and II
CONTRACT AMOUNT: $650,000.00
PROJECT COMPLETED: 1987
OWNER: City of La Habra
Civic Center
P.O. Box 337
La Habra, CA 90631
CONTACT: Robert L. Vuonodono (714) 526 -2227
PROJECT TITLE: Sanitary Sewers and Idaho Street between Coyote
Creek and Lrella Avenue Project No. 1 -S -87
CONTRACT AMOUNT: $195,000.00
PROJECT COMPLETED: 1987
OWNER: City of Rancho Cucamonga
P.O. Box 807
Rancho Cucamonga, CA 91730
CONTACT: Michael D. Long (714) 989 -1862
PROJECT TITLE: Area VII Storm Drain Improvements C087 -166
CONTRACT AMOUNT: $835,000.00
PROJECT COMPLETED: .1988
OWNER: City of Long Beach
Dept. of Public Works
333 W. Ocean Boulevard
Long Beach, CA 90802
CONTACT: Larry Kayes (213) 590 -6383
PROJECT TITLE: Sewer Improvements on
and Anaheim Street in the City of Long
CONTRACT AMOUNT: $205,000.00
PROJECT COMPLETED: 1988
14th Street, Caspian Avenue
Beach
OWNER: City of San Diego
Engineering and Development Department
1255 Caminito Centro
San Diego, CA 92102
CONTACT: George Osar (619) 270 -8963
PROJECT TITLE: Bid No. 9281, Sewer Main Replacement Group #75
CONTRACT AMOUNT: $886,000.00
PROJECT COMPLETED: 1988
2
OWNER: Redevelopment Agency of
City Hall
Long Beach, California 90802
CONTACT: Dennis J. Thys (213)
PROJECT TITLE: Sewer Laterals
Avenue, 14th Street
CONTRACT AMOUNT: $43,000.00
PROJECT COMPLE'T'ED: 1988
the City of Long Beach
590 -6448
Located by Anaheim Street, Channel
OWNER: City of Bakersfield
Dept. of Public Works
1501 Truxton Avenue
Bakersfield, CA 93301
CONTACT: Gerald G. Claassen (805) 326 -3049
PROJECT TITLE: Construction of Sewer System in Assessment
District No. 87 -3
CONTRACT AMOUNT: $1,400,000.00
PROJECT COMPLETED: 1988
OWNER: Department of Water and Power
The City of Los Angeles
P.Q. Box 111
Los Angeles, CA 90051 -0100
CONTACT: E.O. Stockl (213) 481 -6123
PROJECT TITLE: Ocean Park Supply Line Contract No. 7933
CONTRACT AMOUNT: $1,290,000.00
PROJECT COMPLETEDc 1989
OWNER: City of Escondido
Civic Center Plaza
201 N. Broadway
Escondido, CA 92025 -2796
CONTACT: James M. Bernardin (619) 741 -4664
PROJECT TITLE: Third and Fourth Avenue Sewer Replacement
CONTRACT AMOUNT: $53,000.00
PROJECT COMPLETED: 1988.
OWNER: UDC Homes Limited Partnership
438 Camino Del Rio South Suite 112E
San Diego, . CA 92108
CONTACT: Mary Woodruff (619) 298 -8070
PROJECT TITLE: Cleanup work for Ham Brothers Construction Alta
Murrieta /Montijo Homes Project, Whitewood Road and Via Monserate.
CONTRACT AMOUNT: $60,000.00 (T & M billing)
PROJECT COMPLETED: 1988
3
1
i
i
t'
s OWNER: Orange County Water District
P.O. Boa 8300 -
ll -. Fountain Valley, CA 92728 -8300
CONTACT: Michael R. Markus (714) 963 -5661
-.. PROJECT TITLE: Anaheim /Atwood /Kraemer Pipeline Phase I Contact
No. A -88 -1
CONTRACT AMOUNT: $848,000.00
PROJECT COMPLETED: 1988 -1989
OWNER: Long Beach Water Department
1800 E. Woodrow Road
Long Beach, CA 90807 -4994
CONTACT: Ken Walker (213) 426 -5951
PROJECT TITLE: Sewer Line - Broadway, East of Temple
CONTRACT AMOUNT: $400,000.00
PROJECT COMPLETED: 1988 -1989
OWNER: Calleguas Municipal Water District
2100 Olsen Road
Thousand Oaks, CA 91362
CONTACT: Walt Hampton or Bud Ingalsbe (213) 245 =5785
PROJECT TITLE: Lake Sherwood Feeder, Unit II Specification No.
293
CONTRACT AMOUNT: $798,000.00
PROJECT COMPLETED: 1988 -1989
OWNER: City of Paramount
16400 Colorado Avenue
Paramount, CA 90723 -5091
CONTACT: Bob Brazil (213) 531 -3503
PROJECT TITLE: Sewer Improvements and Somerset Boulevard west of
San Jose Avenue to Los Angeles River and San Jose Avenue from
Somerset Boulevard to San Luis Street. City Project No. 9913
CONTRACT AMOUNT: $311,000.00
PROJECT COMPLETED: 1988
OWNER: City of Oceanside
704 Third Street
Oceanside, CA. 92054
CONTACT: Peter Biniaz (619) 439 -7342
PROJECT TITLE: Old Grove Drainage Channel
CONTRACT AMOUNT: $45,000.00
PROJECT COMPLETED: 1988 -89
V
Project No. 311 -81 -7130
OWNER: City of Vista
600 Eucalyptus Avenue
P.O. Box 1988
Vista, CA 92083
CONTACT: William G. Hughes (619) 726 -1340
PROJECT TITLE: Extension of a 10" PVC Drain Line Business Park
Drive
CONTRACT AMOUNT: $4,000.00
PROJECT COMPLETED: 1988
OWNER: Alton L. Ruden
2733 Mesa Drive
Oceanside, CA 92054
(619) 757 -3112
PROJECT TITLE: Canyon Place Water and Sewer Improvements for City
of Carlsbad
CONTRACT AMOUNT: $35,000.00
PROJECT COMPLETED: 1988
OWNER: State Place Development
P.O. Box 263198
Escondido, CA 92026
CONTACT: Harold G. Sandy (619) 745 -0025
PROJECT TITLE: Tract No. 101 State Place Tract 415 Lot No. 6 and
7 Job No. 860414 Water Line Improvements
CONTRACT AMOUNT: $11,000.00
'.' PROJECT COMPLETED: 1988
OWNER: City of San Diego
•:. 1255 Caminito Centro Building 41
San Diego, CA 92102
CONTACT: Sadegh Jahadi (619) 236 -5520
PROJECT TITLE: Sewer and Water Main Replacement Group 71
CONTRACT AMOUNT: $1,104,000.00
PROJECT COMPLETED: 1989
OWNER: City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648 S ctr
CONTACT: Eric Charlonne (714) 536 -5221
PROJECT TITLE: Reservoir Hill Assessment District Water Main
CONTRACT AMOUNT: $1,185,000.00
PROJECT COMPLETED: 1988 -1989
�.F> °rte ri
5
i
OWNER: City of San Diego
1255 Caminito Centro
San Diego, CA 92102
CONTACT: Mohamed Katkhouda (619) 236 -5520
PROJECT TITLE: Reconstruction of Elliot Street
CONTRACT AMOUNT: $122,000.00 ,
PROJECT COMPLETED: 1989 J-•s
OWNER: The City of Escondido
Civic Center Plaza
201 N. Broadway
Escondido, CA 92025 -2758
Storm Drain
CONTACT: Dan J. Escalona (619) 741 -4664
PROJECT TITLE: Reidy Creek 24" Diameter Water Line Crossing
CONTRACT AMOUNT: $91,000.00
PROJECT COMPLETED: 1989
OWNER: City of Huntington Beach J 4'
P.O. Boa 190
Huntington Beach, CA 92648
CONTACT: Jim Hibbar ( 714 ) 536 -5431
PROJECT TITLE: All Sewer and Water Main Construction in Respect
to the Job For Main Street Parking Structure No. CC -706
CONTRACT AMOUNT: $268,000.00
PROJECT COMPLETED: 1989
OWNER: City of Oceanside
704 Third Street !{
Oceanside, CA 92054
CONTACT: Peter Biniaz (619) 439 -7342 �x1KF
PROJECT TITLE: Concrete Channel Lining Hill Street
CONTRACT AMOUNT: $5,000.00
PROJECT COMPLETED: 1989
OWNER: K.L. Wessell Construction Co., Inc.
355 W. Grand Avenue Suite #5
Escondido, CA 92025
CONTACT: Pete Sara (619) 741 -5343
PROJECT TITLE: Poway Dodge Center Water Line and Storm Drain
Improvements
CONTRACT AMOUNT: $95,000.00
PROJECT COMPLETED: 1989
2
_
3ty�.'
NOTICE
0
Page 7
The following contract documents shall be executed and delivered
to the Engineer within ten (10) days (not including Saturday, Sunday
and Federal holidays) after the date of mailing Notice of Award to
the successful bidder:
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.
Payment and Faithful Performance Bonds 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.
Insurance Companies affording coverage shall be (1) currently
authorized by the Insurance Commissioner to transact business of
insurance in the State of California, and (2) assigned Policyholders'
Rating A (or higher) and Financial Size Category Class VIII (or larger)
in accordance with the latest edition of Best's Key Rating Guide:
Property - Casualty. Coverages shall be prove a as specs led in the
tan ar peci ications for Public Works Construction, except as
modified by the Special Provisions.
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, except as
modified y the Special Provisions.
' . Bond No. 114 71 68
Page 8
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
ME
has awarded to DRAINAGE CONSTRUCTION CO., INC.
hereinafter designated as the "Principal ", a contract for
STORM DRAIN IMPROVEMENT PROGRAM (C -2716)
in the City of Newport Beach, in strict conformity with the Drawings and
Specifications and other contract documents 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
as Principal, and
Drainage Construction Co., Inc.
Insurance Company of the West
as Surety, are held firmly bound unto the City of Newport Beach, in the sum of
One Hundred Fifty Seven Thousand and 00 /100-- - - - - -- Dollars ($157,000.00- - - - -),
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
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 tob
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, 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.
9
Payment Bond (Continued)
The bond shall inure to the benefit of any and all
corporations entitled to file claims under Section 3181
Code so as to give a right to them or their assigns in
bond, as required by the provisions of Sections 3247 et
the State of California.
f�
Page 9
persons, companies, and
of the California Civil
any suit brought upon this
. seq. of the Civil Code of
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 21st day of December , 19 89.
Drainage Construction Co., Inc.. (Seal)
Name of Contractor (PrinciP411-
� �
AUthorik4d Signature and I rt .M
AuthorYzed"Signature and Title
Insurance ' Com an of the West (Seal)
Name o Surety
10140 Campus Point Drive
San Diego, CA 92121 -1520
Bettie L. Garcia, Aifjorney -In -Fact
Robert F. Driver Co., Inc.
Address of Agent
1620 Fifth Avenue, San Diego, CA 92101
619/238 -1828
Telephone No. of Agent
i
a
Y
1
STATE OF CALIFORNIA )
) ss:
CITY AND COUNTY OF SAN DIEGO )
On this 2_ day Of T)pC EMRRR 19_$9-, before me, the undersigned
Notary Public in and for the State, per y appeared GARY R_ THTRow
a person known to me (or proved to me on the basis of satisfactory evidence),
to be the person who executed the written instrument as PRESIDENT & SECRETARY
on behalf of the corporation therein named and acknowledged to me that the
corporation executed it.
" - - OFFICIAL SEA
Sabrina M. Kerr
Naary Public - Cain!
Notary Public in and for said County and State SAN 01EM cool
*MyCWMnE*JUMM
STATE OF CALIFORNIA )
) ss..
•CITY AND COUNTY OF SAN DIEGO )
1 On this 21st day of December
in and for the State, personally appeared
:me (or proved to me on the basis of satisfactory
written instrument as Attorney -in -Fact on behalf
,acknowledged to me that the corporation executed
1989 , before me, the undersigned Notary Public
Bettie L. Garcia a person known to
evidence), to be the person who executed the
of the corporation therein named and
it.
Given under my hand and Notarial Seal this 21st
OFIFIC1AL SEAL v
CHrRYL AI BRr CIIT
My commission expires : NOTARY oz UFGANA
-' SAN GlEGO COUNtY
My CommNsion Expires January 1, 1990
day of December A.D., 19 89
r
.�I'L I, J"WA
INSUR*CE COMPANY OF T# WEST
HOME OFFICE: SAN DIEGO, CALIFORNIA
Certified Copy of
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly organized and existing under the laws of
the State of California and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint:
Bettie L. Garcia
its true and lawful Atturneyls) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, ackno•w!edge
and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the
Board of Directors of the Insurance Company of the West at a meeting duly called and held on the 6th day of February, 1973, which said
Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy:
"RESOLVED: That the President or Secretary may from time to time appoint Attorneys -in -Fact to represent and act for and on behalf of the
Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys -in --Fact
and revoke the Power of Attorney given him or her; and be it further
"RESOLVED: That the Attorney -in -Fact may be given full power to execute for and in the name of and on behalf of the Company any and all
bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorncy -in-
Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary."
IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be signed by
its duly authorized officers this Thirteenth day of May tg 60 .
gpMPANF� 'h1 URANCE PANY OF THE WEST
o s
N �n
r4noaM' President
STATE OF CALIFORNIA
S:
COUNTY OF SAN DIEGO S
On this Thirteenth day of May AM. 19 90 , before the subscriber, a Notary Public of the State of California, in and for the
County of San Diego, duly commissioned and qualified, came KARL W. KOCH President, of INSURANCE COMPANY OF THE WEST, to me
personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution
of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to
the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were
duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written.
OFFICIAL SEAL
CAROLYN STONE
NOTARY PUBLIC - CALIFORNIA
PtfncipA Office in San Diego County
My Commission Exp. April 15, 1983
AAPJW%W1INMMMIWW.MMMgRMMMMMA1
STATE OF CALIFORNIA
SS:
COUNTY OF SAN DIEGO
' �L /
4
I, the undersigned, Richard S. King Secretary of the insurance Company of the West, do hereby certify
that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been
revoked.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 21St
day of December 19 89 , t
i
CC4
ICw CAL 371REV. Sao)
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, That
0 3ond No. 114 71 68
Page 10
WHEREAS, the City Council of the City of Newport Beach, State of California,
by motion adopted December 11 1989
awarded has to _ -DRAINAGE CONSTRUCTION Co TNc
hereinafter designated as the "Principal ", a contract for
STORM DRAIN IMPROVEMENT PROGRAM (C -2716)
in the City of Newport Beach, in strict conformity with the Drawings and
Specifications and other contract documents 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 Drainage Construction Co., Inc.
as Principal, and Insurance Company of the West
as Surety, are held firmly bound unto the City of Newport Beach, in the sum of
One Hundred Fifty Seven Thousand and 00 /100---- - - - - -- Dollars ($ 157,000.00 - - - -),
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 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 keep truly and perform the covenants,
conditions, 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
Page 11
Faithful Performance Bond (Continued)
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 of any such change, extension of time, alterations or additions of
the contract or to the work or to the specifications.
In the event that the 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 21st day of December 1983—•
(Seal)
Name
c�o ontractor Principa
Insurance Company of the West , (Seal)
Name of Surety
10140 Campus Point Drive
San Diego, CA 92121 -1520
Addr of Surety
oignature ana iitie o Autnorizea Agent
Bettie L. Garcia, A rney -In -Fact
Robert F. Driver Inc.
Address of Agent
1620 Fifth Avenue, San Diego, CA 92101
619/238 -1828
Telephone No. of Agent
i r
STATE OF CALIFORNIA )
) SS:
CITY AND COUNTY OF SAN DIEGO )
On this 27 day of DECEMBER 1989 , before me, the undersigned
Notary Public in and for the State, personally appeared GARY R. THIBODO
a person )mown to me (or proved to me on the basis of satisfactory evidence),
1; to be the person who executed the written instrument as PRESTDENT & SECRETARY
on behalf of the corporation therein named and acknowledged to that the
corporation executed it.
Notary Public in and for said County
STATE OF CALIFORNIA )
ss..
h CITY AND COUNTY OF SAN DIEGO )
OF
6tAL
EFWIAL
na M. Kmno*
of o CO N� Y Esp'h" aa, 1963'
On this 21st day of December 19 89 , before me, the undersigned Notary Public
to and for the State, personally appeared Bettie L. Garcia a person known to
me (or proved to me on the basis of satisfactory evidence), to be the person who executed the
written instrument as Attorney -in -Fact on behalf of the corporation therein named and
acknowledged to me that the corporation executed it.
Given under my hand and Notarial Seal this 21st day of
December
A.D., 1989
My commission expires
\` ( Not0ary Public
INSLU4;CE COMPANY OF A WEST
HOME OFFICE: SAN DIEGO, CALIFORNIA
Certified Copy of
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly organized and existing under the laws of
the State of California and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint:
Bettie L. Garcia
its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknow!edge
and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the
Board of Directors of the Insurance Company of the West at a meeting duly called and held on the 6th day of February, 1973, which said
Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy:
"RESOLVED: That the President or Secretary may from time to time appoint Attorneys -in -Fact to represent and act for and on behalf of the
Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys -in --Fact
and revoke the Power of Attorney given him or her; and be it further
"RESOLVED: That the Attorney -in -Fact may be given full power to execute for and in the name of and on behalf of the Company any and all
bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attornay -in-
Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary."
IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be signed by
its duly authorized officers this Thirteenth day of May , 19 80 ,
�pµPANrO IN URANCE PANY OF THE WEST
�j1ANOWr��4
��IISaRNt� President
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO SS:
On this Thirteenth day of May A.D., 19-8O— before the subscriber, a Notary Public of the State of California, in and for the
County of San Diego, duly commissioned and qualified, came KARL W. KOCH President, of INSURANCE COMPANY OF THE WEST, to me
personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution
of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to
the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were
duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written
YKWLW51r15fV
OFFICIAL SEAL
CAROLYN STONE
+: NOTARY PUBLIC - CALIFORNIA
Principal Office in San Diego County
My Commission Exp. April 15, 1983
A�M1ISM1✓tiM1M1�Y�51'.1.LY V'LW.tiSf'.tiV'`1f 1r'Y1
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO SS:
1 VQ 4v
I, the undersigned, Richard S. King Secretary of the Insurance Company of the West, do hereby certify
that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been
revoked.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 21st
day of December ig 89
""PA 1 0
e
� �iaMLMrF� �I
S ry
C�I/FBRN��
ICIN CAL 37 IREV. 5,M)
,
f
"I am aware of the provisions of Section 3700 of the Labor Code
which require every employer to be insured against liability for
workers' compensation or to undertake self- insurance in accordance
with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this
contract."
)/zZ190
Date
roject Title and Contract Number
' I M
i
i
i
a a Paae 12
w
Q N C
PRODUCER
COMPANIES AFFORDING COVERAGE
Robert F. Driver Co., Inc.
COMPANY
Post Office BOX 671
A
LETTER
San Diego, CA 92112 9932
Insurance Co. of North America
COMPANY B
LETTER
(619) 238 1828
INSURED
DRAINAGE CONSTRUCTION CO., INC.
CIGNA Property &
1505 Sycamore Avenue
COMPANY C
Vista, CA 92083
LETTER
;AG
IS O TI(R F l`FiA O THE INS RED NAMED ABOVE FOR RIOD
INDICATED. NOTWITHSTANDING ANY REOUWEdENT, TERM OR CONMIM OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERIPIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEAMS.
EXCLUSIONS. AND CONDITIONS OF SUCH POLICIES AND IS NOT AMENDED. EXTENDED OR ALTERED BY THIS CERTIFICATE
CO
LTF
TYPE OF INSURANCE
POLICY NUMBER
EFFECTIVE
DATE
EXPWATN
DATE
ALL LIMITS IN THOUSANDS
A
GENERA- LIABILITY
D19870418
10/13/89
10/13/90
GENERAL AGGREGATE
12,000.
(OCCURANCE BASIS ONLY)
COMMERCIAL
PRODUCTS/COMPLETED
$1,000
COMPREHENSIVE
OPERATIONS AGGREGATE
OWNER CONTRACTORS
PROTECTIVE IV
PERSONAL INJURY
$1,000
CONTRACTUAL FOR SPECIFIC
CONTRACT
® PRODUCTS /COMPL OPEA
EACH OCCUPANCE
$1,000
® XCU HAZARDS
® BROAD FORM PROP. DAMAGE
® SEVEAABILOY OF INTEREST,
_
FIRE _
i 50
CLAUSE
ONE FIB
RD PERSONAL INJURY WITH
EMPLOYEE EXCLUSION
MEDICAL EXPENSES
$ 5
REMOVED
MARINE
(ANY ONE PERSON)
.
AUTOMOBILE LIABILITY
$ 1 , 000
A
COMPREHENSIVE
019870418
10/13/89
10/13/90
SINGLE EMIT
BODY INJURY
i
OWNED
(PEA PERSON
.
BODILY INJURY
S
El HIRED
M ACCIDENT)
NON-OWNED
PROPERTY
DAMAGE
$
EXCESS LIABILITY
EACH AGGREGATE
UMBRELLA FoBM
OCCURRENCE
OTHER THAN UMBRELLA FORM
$ $
STATUTORY
WORKERS' COMPENSATION
$ 1 O
EACH ACCIDENT
B
AND
C3232856
10/13/
10/13/90
$
1 001
1 000
LIMIT
EMPLOYERS' LIABILITY
$ 1,000
DISEASE -EACH EMPLOYEE
LONGSHOREMEN'S ANOHARBOR
WORKERS' COMPENSATION
STATUTORY
DESCRIPDON OF OPENTK)NSNLOCATIO NSNB 9CLESIRESTAICTIONS/"..PECIAL ITEMS: ALL OPERATIONS PERFORMED FOR THE CITY OF NEWPORT.
' BEACH BY OR ON BEWLLF OF THE NAMED INSURED IN CONNECTION WITH THE FOLLOWING CONTRACT:
STORM DRAIN IMPROVEMENT PROGRAM (C -2716)
PROJECT TITLE MID CONTRACT NUMBER
sCERTiF1CA
wwMMINIIIIIIII IN , mot'',
TE21H OLDEfL
CE SION r
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NON- RENEWED.
CITY OF NEWPORT BEACH
CANCELLED OR COVERAGE REDUCED BEFORE THE EXPIRATION DATE THE
P.O. BOX 1768
COMPANY AFFORDING COVERAGE SLWLL PROVIDE 90 DAYS MIN ADVANCE
3300 NEWPORT BLVD.
NOTICE O TFIE CITY OF NEWPORT BEACH BY REGISTERED MAIL except
NEWPORT BEACH, CA. 92658 -8915
A I' 10 Days Notice giv
A ORII7Et)D REPRESENTATNE �E
- - -- Roger Combe, First Vice President
n
remiu
t �• •
Page 13
CITY OF NEWPORT BEACH
AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT
It is agreed that:
1. With respect to such insurance as is afforded by the policy for Automobile 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 said additional insured(s) shall apply as primary insurance and
no other insurance maintained by the City of Newport Beach shall 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 liability of the company affording coverage."
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 Multiple
Limits or Single Limit:
( ) Multiple limits
Bodily Injury Liability $ per person
Bodily Injury Liability $ per accident
Property Damage Liability $
OoD Combined Single Limit
Bodily Injury Liability
and
Property Damage Liability $ 1,000,000
The limits of liability as stated in this endorsement shall not increase the total
liability of the company affording coverage 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 non- renewed, cancelled or coverage reduced before the expiration
date thereof, the Issuing Company shall provide 30 days' advance notice to the City of
Newport Beach by registered mail, Attention: Public Works Department.
5. Designated Contract: STORM DRAIN IMPROVEMENT PROGRAM (C -2716)
(Project Title and Contract No.
This endorsement is effective 12/l9 /Rg at 12:01 A.M. and forms a part of
Policy No. rn 9R7n4IR of
ompany A or ng overage
Insured Drainage rnnctnirtinn rn. Tnr_ Endorsement No. man
Producer an�.t F Mi,r@y Cn , TMC By (� i reZ4-e/ 262Z4
7utnor(�,�ed Represen ative
Roger Combe, First Vice President
CITY OF NEWPORT BEACH Page 14
GENERAL LIABILITY INSURANCE ENDORSEMENT
It is agreed that:
1. With respect to such insurance as is afforded by the policy for General Liability, the
City of Newport Beach, its officers and employees are additional insureds, but only with
respect to liability arising out of operations performed by or on behalf of the named
insureds in connection with the contract designated below or acts and omissions of the
additional insureds in connection with its general supervision of such operations. The
insurance afforded said additional insured(s) shall apply as primary insurance and no
other insurance maintained by the City of Newport Beach shall 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 liability of the
company affording coverage.
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 hold 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(s) named in
Paragraph 1. of this endorsement shall be the limits indicated below written on an
"Occurrence" basis:
kX) Commercial ( ) Comprehensive
General Liability
$ 1,000,000 each occurrence
$ 2.000.000 aggregate
The applicable limit of Contractual Liability for the company affording coverage shall
be reduced by any amount paid as damages under this endorsement in behalf of the
additional insured(s).
The limits of liability as stated in this endorsement shall not increase the total
liability of the company affording coverage for all damages as the result of any one
occurrence in excess of the limits of liability stated in the policy as applicable to
General Llability,Insurance.
6. Should the policy be non - renewed, cancelled or coverage reduced before the expiration
date thereof, the Issuing Company shall provide 30 days' advance notice to the City of
Newport Beach by registered mail, Attention: Public Works Department.
7. Designated Contract:
f4 . , 12;
e
C -2716
This endorsement is effective 12-OIAM at 12:01 A.M. and forms a part of
Policy No. D19870418
of Insurance Co. of North America
(Company Affording overage
Insured Drainage Construction Co., Inc. Endorsement No. TBD.
Producer Robert F. Driver Co., Inc. By
ut o Representative
Roger oniie, First Vice President
,
0
0
Page X15
CONTRACT
THIS AGREEMENT, entered into this of , 19i0.
by and between the CITY OF NEWPORT BEACH, h. �` ter " ty," and DRAINAGE
CONSTRUCTION CO., INC. , hereinafter. ractor,' is made wi re Terence
to the following facts:
(a) City has heretofore advertised for bids for the following described
public work:
STORM DRAIN IMPROVEMENT PROGRAM 2716
Title of roject Contract No.
(b) Contractor has determined by City to be the lowest responsible
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 specifi-
cations 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:
STORM DRAIN IMPROVEMENT PROGRAM 2716
Title of Project Contract No.
which project is more fully described in the contract documnts. 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 ONE HUNDRED
FIFTT -SEVEN THOUSAND AND NO /100 DOLLARS ------------------- - - - - ($ 157,000.0-0-T.—
This compensation includes (11 any loss or damage arising from the nature of the
work; (2) any loss or damage arising from any unforeseen difficulties or
obstructions in the performance of the work; (3) any expense incurred as a
result of any suspension or discontinuance of the work; but excludes any loss
resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale
and tidal waves, and which loss or expense occurs prior to acceptance of the
work by City.
3. All of the respective rights and obligations of City and Contractor
are set forth in the contract documents. The contract documents are incor-
porated herein by reference as though set out in full and include the following:
(a) Notice Inviting Bids
(b) Instructions 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
S M DRAIN IMPROVEMENT PROGRAM " _ 2716
Title of roject Contract No.
(g) This Contract.
4. Contractor shall assume the defense of, and indemnity and hold
harmless, City and its officers, employees and representatives from all claims,
loss or damage, except such loss or damage proximately 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
APPROVED AS TO FORM:
6
City Attorney
r
1
CITY OF NEWPORT BEACH
By
Ma or
Name of Contractor (Principal)
CITY
AuthorizedJSV§nature and Title
L�PRES�IDk�34'1�j
,hor!ZMG
Authors z�5i'gnat u�Ti tom—
SECRETARY
0
•
0
M
STATE OF CALIFORNIA )
) ss:
CITY AND COUNTY OF SAN DIEGO )
On this 2 7 day of DECEMBER 19_2, before me, the undersigned
Notary Public in and for the State, personally appeared rnRV u_ TT4TRonn
a person (mown to me (or proved to me on the basis of satisfactory evidence),
to be the person who executed the written instrument as PRESIDENT & SECRETARY
on behalf of the corporation therein named and aclmowledged to me that the
corporation executed it.
Notary Public in and for said qty and State No�wvauewc- LAM
6AN OtBGO COUNTY
MM0"Mft0jWi@M lqW .
• i
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
STORM DRAIN IMPROVEMENT PROGRAM
1989 -90
CONTRACT NO. 2716
INDEX
TO
SPECIAL PROVISIONS
SECTION PAGE
I. SCOPE OF WORK . . . . . . . . . . . . . . . . . . . 1
II. CLASSIFICATION OF CONTRACTOR'S LICENSE. . . . . . . 1
III. AWARD AND EXECUTION OF THE CONTRACT . . . . . . . . 1
IV. TIME OF COMPLETION . . . . . . . . . . . . . . . . . I
V.
PAYMENT . . . . . . . . . . . . . . . . . . . . . . 2
VI.
WATER . . . . . . . . . . . . . . . . . . . . . . . 2
VII.
SURFACE AND GROUNDWATER CONTROL . . . . . . . . . . 2
VIII.
SHOP DRAWINGS . . . . . . . . . . . . . . . . . . . . 2
IX.
OPTIONAL WORK FOR OTHERS . . . . . . . . . . . . . . . 2
X.
CONSTRUCTION DETAILS . . . . . . . . . . . . . . . . . 3
A. Repair or Replacement of Existing Storm
Drain Pipe . . . . . . . . . . . . . . . . . . . . 3
B. Cleaning of Existing Storm Drain Pipe . . . . . . 3
C. Lining of Existing Storm Drain Pipe in
Place ......................3
1. Cement Mortar Lining . . . . . . . . . . . . . 3
2. Polyester Resin Lining. . . . . . . . . . . . 5
3. Polyethylene Pipe Liner . . . . . . . . . . . 7
XI.
WORK WITHIN UPPER NEWPORT BAY ECOLOGICAL PRESERVE . . 7
II
III.
IV.
•
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
0
SP 1 of 9
STORM DRAIN IMPROVEMENT PROGRAM
1989-90
CONTRACT NO. 2716
SCOPE OF WORK
The work to be done under this contract consists of lining approximately
3,500 lineal feet of corrugated steel storm drain pipe at 19 sites
throughout the City.
The Contractor will be given the option of lining existing pipe with either
a polyester resin, polyethylene or Portland cement mortar.
All work necessary for the completion of this contract shall be done in
accordance with (1) these Special Provisions, (2) the Plan (Drawing
No. D- 5192- S),(3) the City's Standard Special Provisions and Standard
Drawings for Public Works Construction (19 88 Edition), an 4 the tandard
Specifications for Public Wor s onstruction (1988 Edition) and supp e—i ments
to date. Copies of the Standard peci ications may be purchased from
Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034,
telephone (213) 870 -9871. A copy of the Standard Special Provisions and
Standard Drawings may be purchased at the Engineer's office for $5.
CLASSIFICATION OF CONTRACTOR'S LICENSE
At the time of the award, the Contractor shall possess a General Engineering
Contractor A License, a Concrete Contractor C -8 License, and /or a Pipeline
Contractor C -34 License.
AWARD AND EXECUTION OF THE CONTRACT
The bidder's attention is directed to the provisions of Section 2 -1 of the
Standard Special Provisions for requirements and conditions concerning award
and execution of the contract.
TIME OF COMPLETION
The Contractor shall complete all field work on this contract within ninety
(90) consecutive calendar days, but no later than May 25, 1990. In
addition the Contractor shall complete all work at each storm drain site
within twelve (12) consecutive calendar days. The term "work" as used
herein shall include cleaning of debris from storm drains, dewatering,
lining of storm drains and clean -up. No work shall begin until a schedule
of work has been approved by the Engineer.
The Contractor shall be assessed $100 per day (including Saturday, Sundays,
and holidays) liquidated damages for each day in excess of the twelve (12)
consecutive days allowed for 100% completion of the construction work at
each storm drain site. Additional liquidated damages, as covered in Section
6 -9 of the Standard Specifications, shall be assessed for failure to complete
the contract by May 25, 1990.
• • SP2of9
V. PAYMENT
The unit or lump sum price of 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 therefor.
Payment for incidental items of work, not separately provided for in the
proposal, shall be included in the price bid for related items of work.
Partial payments for mobilization costs shall be made in accordance with
Section 10264 of the California Public Contract Code.
The substitution of securities for any payment withheld in accordance, with
Section 9 -2.2 of the Standard Specifications is permitted pursuant to
Government Code Sections 4590 and 14402 -5.
VI. WATER
If the Contractor desires to use City water, he shall arrange for a meter
and tender a $500 meter deposit with the City. Upon return of the meter in
good condition to City, the deposit will be returned to the Contractor, less
a quantity charge for water usage.
VII. SURFACE AND GROUNDWATER CONTROL
Surface water and groundwater will be encountered at various times and
locations during the work herein contemplated. The contractor, by
submitting a bid, acknowledges that he has investigated the risks arising
from surface water and groundwater and has prepared his bid accordingly.
The Contractor shall provide for the control and disposal of any accumula-
tion of water that interferes with construction.
VIII. SHOP DRAWINGS
The Contractor shall furnish to the Engineer shop drawings, data or
materials, and equipment and samples as are required for the proper control
of the work, including, but not limited to the following: pipe repair sec-
tions and fabricated pipe lining material. All shop drawings, data and
samples shall be subject to review by the Engineer for conformity with the
drawings and specifications.
IX. OPTIONAL WORK FOR OTHERS
The Contractor is advised that the Bluffs Homeowners Association desires to
obtain quotations to install lining in 4 drainage systems owned by the
Association. These installations could be performed by the Contractor
concurrent with work performed for the City. The Association's drainage
systems are nearby City -owned systems shown on Sheets 3 and 4 of the Plans.
Telephone the Association's general manager, Kevin Shannon, at (714)
759 -1200 for further information and to negotiate for this optional work.
SP 3 of 9
X. CONSTRUCTION DETAILS
A. Repair or Replacement of Existing Storm Drain Pipe
The Contractor is responsible for ascertaining the condition of the
existing C.S.P. storm drain prior to installation of the liner.
When, in the opinion of the Engineer, it is necessary to repair or
remove and replace a section of pipe, all such work performed by the
Contractor will be paid for as "extra work" in accordance with Section
3 -3 of the Standard Specifications. At the Engineer's option, the
lining of these sections of pipe may be deleted from the contract.
B. Cleaninq of Existinq Storm Drain Pi
The Contractor shall remove all silt, sand, debris, detritus, or other
sedimentation or foreign material from within pipe to be lined and from
inlet and outlet areas.
After cleaning, the interior of the pipe shall present a surface free of
all foreign matter except non - deteriorated original coating, and shall
be free of accumulated water.
The Contractor shall install cofferdams and dewatering pumps at outlet
areas if needed to clean and line storm drains. Upon completion,
cofferdams and construction debris shall be disposed from the work site
at the Contractor's sole expense.
C. Lining of Existing Storm Drain Pipe in Place
Lining of existing pipe shall be accomplished using cement mortar lining,
polyester resin lining, or polyethylene slip lining.
1. Cement Mortar Linin
Lining pipe shall involve applying a cement mortar lining to
existing corrugated steel pipe, at the locations shown on the plans
and in accordance with these Special Provisions.
The dry components of the cement mortar shall consist of the
following proportions by weight: Sand, 50 percent and Portland
cement, 50 percent.
Sand shall conform to the provisions of Section 200 -1.5 "Sand" of
the Standard Specifications and to the following grading:
Sieve Sizes Percentage Passing
No.
16
100
No.
30
85 - 100
No.
50
10 - 35
No.
100
0 - 5
No.
200
0 - 5
Should sample runs demonstrate that alteration of the grading
requirements yields a better pipe lining, the above grading may be
modified upon written approval of the Engineer.
• SP 4 of 9
After addition of the water, the mortar shall be well mixed and of
proper consistency to provide a dense, homogenous lining that will
hold firmly against the pipe surface. The water - cement ratio shall
be carefully controlled and shall be kept to a minimum as ordered by
the Engineer. Due allowance shall be made for any existing moisture
on the walls of the pipe. The mortar shall be premixed by machine
for a sufficient length of time to obtain maximum plasticity, or
approximately 3 minutes minimum.
The cement mortar lining shall be applied in such a manner as to
obtain a minimum 1/2 -inch nominal thickness over the top of the
corrugations. Application operations shall be performed in an unin-
terrupted, continuous manner, for the given pipe, using a centrifu-
gal machine capable of projecting the mortar against the wall of the
pipe without rebound - -but with sufficient velocity to cause the mor-
tar to be densely packed in place.
Sand pockets or observed lack of homogenity will not be acceptable.
Compressed air shall not be used in the application. Travel of the
mortar projecting machine, and the rate of discharge of the mortar,
shall be entirely mechanically controlled in such manner as to pro-
duce a uniform thickness of lining without segregation around the
perimeter and along the length of the pipe.
The machine shall be provided with an attachment for mechani-
cally troweling the mortar to produce a smooth, dense surface
finish. The machine placing the lining shall travel ahead of
the point of application in such a manner that freshly placed and
troweled mortar will not be disturbed until it has set. The
finished surface of the lining shall be dense and smooth in
appearance.
The trowel attachment shall be capable of operation in pipes
which are found to be out of round. The mechanical trowels
shall smooth the surface of the lining with a minimum distur-
bance to the lining. Excess materials, spatter, and any other
undesirable substances accumulating along the invert of the pipe
shall be removed ahead of the trowels.
Untroweled lining is acceptable in the lining of pipe that is
(1) excessively out of round due to damage from exterior forces, (2)
20 inches in diameter and under, and (3) when lining pipeline
segments which contain cocked joints, sharp bends, and angle points.
The finished untroweled surface shall be smooth and regular. Ridges
or uneven build -up caused by irregularity in the travel rate of the
machine shall not be allowed.
Hand placing of lining will not be permitted except at sharp
bends and special locations where machine placing, in the opin-
ion of the Engineer, is impracticable.
I
• • SP 5 of 9
Immediately upon the completion of a day's run of the machine,
or at any other appropriate interval within the working day, the
pipe shall be closed at both ends to prevent the circulation of
air. As soon as practicable after the final pass with the
machine and as approved by the Engineer, water shall be intro-
duced into the closed section in order to create a moist
atmosphere and keep the lining damp.
Polyester Resin Lining
Lining pipe shall involve inserting into the existing pipe an
acceptable liner bag impregnated with a suitable polyester resin
generally conforming to the system known as the "Insituform"
process or equal approved by the Engineer. The preparation,
insertion and curing of the liner is to be carried out by the
Contractor.
The reinforcing material of the liner bag shall be of a needle -
interlocked felt or other material approved by the Engineer
formed into sheets of required thickness. Liner bags may be
made of single or multiple layer construction, but any layer
must not be less than 3 mm. thick.
The liner felt content shall be sufficient to ensure a cured
thickness of liner as determined by the Contractor and approved
by the Engineer. Thickness of the cured liner shall meet the
process manufacturer's specifications and be subject to the
Engineer's approval.
The resin content of the liner shall be 10 - 15 percent by
volume greater than the volume of felt in the liner bag.
Allowance for longitudinal and circumferential stretching of the
liner during insertion shall be made by the Contractor.
The length of the liner shall be that deemed necessary by the
Contractor to effectively carry out the insertion and seal the
liner at the inlet and outlet of the manhole as shown on the
plans.
The actual strength and characteristics of the materials vary with
the type of resin used, the type of felt used, and the degree of
cure. The following table gives the range of physical properties
based on a 3 mm liner:
Typical Properties of Polyester Resin 1/8" Casting Properties
Flexural Strength
(psi)
8,000
Flexural Modulus
(psi x 106)
0.38
Tensile Strength
(psi)
4,000
Tensile Modulus
(psi x 106
0.4
Barcol
38
Heat Distortion Temp. ( °C) at 264 load psi
71
Charpy Impact
1.5
Tensile Elongation
( %)
1.7
` • SP6of9
The physical properties for the liner shall not be less than those
shown in the above table. The contractor shall submit to the
Engineer certified test results of the above properties for the
liner used for the subject project.
Polyester resin liners shall be considered to fit closely to the
inner surface of the existing conduit and mechanically bonded to
it by excess resin such that the existing conduit is restored to a
structural condition that can continue to carry existing normal
earth and live loads. In the event of earth or live loads being
applied to the liner directly as in the case of severe damage to
the existing conduit resulting in missing sections, or bedding ero-
sion allowing potential major longitudinal pipe deflection
exceeding 5 %, or shallow lines subject to severe surface loadings
or potential soil shifting, then liner thickness shall be calcu-
lated to suit these conditions.
Installation
General - The Contractor shall deliver the uncured resin impreg-
nated liner bag to the site, or impregnate the liner
bag with resin at the site, provide all equipment required to
place and invert the liner into the conduit and cure it once in
place inside the pipeline.
Transportation to the Site - The liner bag shall be impregnated
with resin not more than 24 hours before the proposed time of
installation and stored out of direct sunlight at a temperature of
less than 39.2° F.
Liner Inversion - The liner shall be inverted into the pipeline
from a suita a platform located above the manhole or any other
point of inversion. The free open end of the liner bag shall be
firmly secured to the inversion platform and the folded liner
passed down a suitably reinforced column to a chute or bend
leading to the opening of the pipe to be lined. Clean water at
ambient temperature shall be applied to the inversion platform at
a rate sufficient to cause controlled inversion of the liner into
the pipeline.
Liner inversion rate shall not exceed 10 meters per minute and the
tail of the liner or the tail tag rope will be suitably restrained
to prevent liner run away.
Lining Curin -The Contractor shall supply a suitable heat source
an water recirculation equipment capable of delivering hot water
to the far end of the liner to quickly and uniformly raise the
water temperature above the temperature required to commence the
exothermic reaction of the resin as determined by the catalyst
system employed.
The heat source shall be fitted with suitable monitors to gauge
the temperature of the incoming and outgoing water supply to deter-
mine when uniform temperature is achieved throughout the length of
• • SP7of9
the liner. Water temperature in the lining during the cure period
shall not be less than any one of the temperatures and times from
the following chart:
MINIMUM SCHEDULE
Time Temperature
1 hour
190° F
2 hours
180° F
3 hours
170° F
4 hours
150° F
Independent Tests
General - Should the Engineer desire to make independent tests,
the Contractor shall, at the request of the Engineer, furnish
test pieces or raw material samples. Such tests will be performed
at Engineer's expense.
The above tests shall be made on specimens of resin, catalyst and
felt as supplied or pieces of cured liner cut from waste areas
when possible. Otherwise, the specimens shall be cut from pieces
of cured liner representative of the material inserted and pre-
pared and cured in a similar technique to the process employed.
Delivery and Transportation - Delivery shall be made to the site
as s own on t e PT ans. The Contractor will deliver and insert the
liner on a specified date at a given time.
Delivery Documentation - Each liner will be accompanied by
suits a ocumentation indicating time and date of manufacture,
felt thickness, number of layers, length of liner, resin type.
Manufacture - Each liner may be manufactured at any time but shall
Fe imb pregnated with resin not more than 24 hours prior to the
intended installation time. If insertion of the resin- impregnated
liner is delayed, the contractor may store, at his own cost, the
liner for a period not to exceed 48 hours at or below 39.2° F.
Insertion and Curing - The insertion and curing of the liner will
be carried oust y the Contractor, who shall provide sufficient
labor to operate the special equipment required to insert the liner
into the pipeline and cure it in place once installation is
complete.
3. High Density Polyethylene Pipe Liner
All pipe shall be Type III C 5 P 34, as tabulated in ASTM 1248,
high density polyethylene. Thickness of the high density
polyethylene pipe liner shall meet the manufacturer's specifica-
tions and be subject to the Engineer's approval.
• SP 8 of 9
Handling
Pipe shall be stored on clean level ground to prevent undue
scratching or gouging. Sections of pipe with deep cuts or gouges
shall be removed and the ends of the pipe joined. Handling of the
joined pipe shall be in such a manner that the pipe is not damaged
by dragging over sharp or cutting objects.
Joining
High density polyethylene pipe shall not be joined to existing
pipe or adjacent segments until a minimum of 12 hours has
elapsed to allow for temperature equalization and stress relief.
Liner stretched beyond its elastic limit or damaged in any way
shall be rejected.
High Density Polyethylene Pipe Liner Installation
After the high density polyethylene liner is inserted and is in
place, the annular space between the liner and the existing
C.S.P. shall be filled with Class 100 -E -100 slurry or suitable
grout mix approved by Engineer. High density polyethylene liner
shall be the largest production size possible for each storm
drain to be lined.
Independent Tests
Engineer may request certified lab data to verify the physical
properties of pipe or may take random samples for testing by an
independent testing laboratory. Such tests will be performed at
Engineer's expense.
Sections of the high density polyethylene pipe shall be joined
into continuous lengths by the butt fusion method and shall be
performed in strict conformance with the pipe manufacturer's
recommendations using approved equipment. A minimum
15- inch -long, full stainless steel circle clamp shall be used to
connect two lengths of polyethylene pipe where butt fusion is
not feasible as determined by the Engineer.
Insertion Shaft and Excavations
Entry slope of at least 3 :1 shall be used for safe bending
radius. The bottom of the entry pit should provide a straight
section for ease of entry by the liner into the existing pipe.
The straight run length is calculated by converting the ID
(inches) of the existing line to feet and adding three.
Therefore, if the ID of an existing line is 20 inches, the
straight area would be 20 feet plus 3, or 23 feet at the bottom
of the entry pit. The width of the shaft should be as narrow as
possible and it will depend on the location, type of soil, depth
of the existing storm drain and the water table.
XI
0 0 SP9of9
Insertion of Liner
After completing the access shaft excavation, the existing pipe
shall be broken or cut and removed for the full length of the
access shaft.
A fabricated pulling head shall be connected to the leading end
of the pipe. A power winch cable shall be connected to the
pulling head so the liner can be pulled into the existing pipe.
Power winches for pulling in long lengths of high density
polyethylene pipe shall be rated equal to the project
requirements.
Precautions shall be exercised including the use of a cushion
and /or guide to prevent the ragged edges of the broken out pipe
from scoring the outside of the liner as it is pulled into the
pipe.
Caution must be taken not to stretch the polyethylene pipe
beyond its elastic limit in the event of a hang -up. Once
started, the pulling operation should continue to completion.
Pulling speeds shall approximate 50 feet per minute.
After insertion, a minimum of 12 hours shall be allowed for the
liner pipe to reach equilibrium with the pipe temperature and to
allow the pipe to stress relieve itself.
The high density polyethylene liner pipe should protrude at
least 3 inches into the terminal manhole or inlet.
WORK WITHIN UPPER NEWPORT BAY ECOLOGICAL PRESERVE
Storm drains at 6 sites empty directly into the Upper Newport Bay Ecological
Preserve. The Contractor shall transport all material cleaned from these
drains or their inlet /outlet areas 1) to the City's designated drying area
shown on the plans, thence to disposal, or 2) directly to disposal. Upon
completion of work, all materials taken from drains or their inlet /outlet
areas shall be disposed from the Ecological Preserve at the Contractor's
sole expense.
Equipment used by the Contractor to perform work within the Ecological
Preserve shall not venture from the roadbed or drying area into marsh areas.
The Contractor shall provide warning
equipment, and materials in a manner
minimize inconvenience and maximize
motorists.
signs and shall locate his signs,
acceptable to the Engineer so as to
safety for pedestrians, cyclists and
TO: CITY COUNCIL
FROM: Public Works Department
SUBJECT: STORM DRAIN IMPROVEMENT PROGRAM (C -2716)
RECOMMENDATIONS:
40ecember 11, 1989
CITY COUNCIL AGENDA
ITEM NO. F -3(b)
y' :OUNC;L
rl -; _ .•1T 1. ic..
1. Approve a budget amendment to transfer $69,644.
DEC 1 1 1989
APPROVED
2. Award Contract No. 2716 to Drainage Construction Inc., for the
total bid price of $157,000.00, and authorize the Mayor and City
Clerk to execute the contract.
DISCUSSION:
At 11:00 A.M. on November 30, 1989, the City Clerk opened and read the
following bids for this project:
Bidder
Low Drainage Construction Inc.
2 Spinello Construction
Total Bid Price
$157,000.00
230,064.75
The low total bid price is 25% below the Engineer's estimate of lofa /05 !lam•
Drainage Construction Inc., the low bidder, has not performed previous
contract work with the City. However, a check with their experience references
and the Contractors State License Board has shown that Drainage Construction has
successfully completed projects of a similar nature for other Southern
California Agencies and has no pending actions detrimental to their contractor's
license, respectively.
Funds for award are proposed from the following accounts:
Account Description
Storm Drain Improvements
Riverside Avenue Storm Drain
Account No. Amount
02- 3489 -053 $87,356
02- 3497 -447 69,644
The project provides for lining the deteriorated corrugated steel
storm drain pipe in hillside areas throughout the City, as shown on the attached
exhibit. The work is needed to prevent storm and nuisance water from seeping
out of storm drains and into hillside soil, thereby creating a condition for
slope failure and property damage.
0 0
Subject: Storm Drain Improvement Program (C -2716)
December 11, 1989
Page 2
A budget amendment to transfer $69,644 into the Storm Drain
Improvement account has been prepared for Council consideration. The upstream
portions of the Riverside Avenue Storm Drain can not be built this fiscal year,
and the storm drain liners are deemed important to construct at earliest
possible date.
In or 4rin h proj t the st
amendment to t ananc o e fund
Drain appropr'ati I en r r
portions rnliners. he Rue m ains
in servic The ti ns will not be
this year d ar s important to
storm dra
f has repared a budget
�m a Riverside Avenue Storm
a unt. The downstream
V been built and are partially
signed in time for construction
nstruct as are the hillside
Plans and specifications were prepared by the Public Works Department.
The latest possible date of completion is May 25, 1990.
/ 4
Benjamin B. Nolan
Public Works Director
SL:so
Attachment
Autn;N 4: to PuDhan ADvar IrT,Om.nta CA C+ kr VKXfr^g pvbic
notrcca Of Decree of the Su"rrw Court "M nit,
Cahlornia. humoa A -6214. Gaud 29 SepUmDer. 1961. an0
A- 24831. doled 11 June, 1963
STATE OF CALIFORNIA
County of Orange
Fn ar+ ce+wn were
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 2
Consecutive weeks to wit the ISSuNS) of
November 16 , t98 9
November 22 19P 9
198_
198_
198_
I declare. under penalty of perjury, that the
foregoing is true and correct.
Executed on November 22 19B 9
at Costa Mesa,, California.
al S
Signature
5 a,
b
•
INVITING BIDS _Newport Beach,
4aled bids may be re- 92659 -1768 .
red at the office of the For further Informal'
r Clerk, 3380 Newport cell Steve Luy, Project M
nevard, P. O. Box 1768, . agar at 6443311.
wport Beach, CA Published Orange Cc
158 -8915 until 11:60 a.m.. Daily Plot November 16,
the 30th day of Novem- 1989
1989, at which time ThW,
h bids shall be opened —
2776
Estimate:'
the City
day of hl
Clerk
Prospective bidders
obtain one set of bid r
men[, �3300� Nei
Boulevard, P. O. Box
PROOF OF PUBLICATION
C
0
TO: CITY COUNCIL
FROM: Public Works Department
Novemb* 13, 1989
CITY COUNCIL AGENDA
ITEM NO. F -13
SUBJECT: STORM DRAIN IMPROVEMENT PROGRAM (C -2716)
RECOMMENDATIONS:
1. Approve the plans and specifications.
2. Authorize the City Clerk to advertise for
DISCUSSION:
2Y 77 ".ITY 0UNCIL
NOV 13 1989
APPROATn
This project provides for lining deteriorated corrugated steel storm drain
pipe throughout the City, as shown on the attached exhibit. The work is needed
to prevent storm and nuisance water from seeping out of storm drains and into
• hillside soil, thereby creating conditions for slope failure and property
damage.
The estimated cost of doing this work at the proposed 19 sites is $210,000.
The budget provides only $88,000 in the Storm Drain Improvement Program for such
work. In order to award the project, staff proposes to transfer the balance of
required funds from the Riverside Avenue Storm Drain appropriation into the
Improvement Program account. The downstream portions of the Riverside Avenue
Storm Drains have been built and are partially in service. The upstream por-
tions will not be designed in time for construction this year, and are not
deemed as important to construct as are the hillside storm drain liners.
The plans and specifications
Public Works staff. The contract
1990.
• �6<.
Benjamin B. Nolan
• Public Works Director
SJL:ljp
Attachment
CC -11 -13.3
for the storm drain liners were prepared by
requires completion of all work by May 25,
CITPOF NEWPORT AACH
September 4, 1990
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
Spiniello Construction Company
2414 E. 23rd St. _
Long Beach, CA 90810
Subject: Surety: Employers Insurance of Wausau a Mutual
Company
Bonds No.: 1152 -27- 054359
Contract No.: C -2716
Project: Storm Drain Improvement Program
The City Council of Newport Beach on August 13, 1990, 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 in accordance with applicable portions of
the Civil Code.
The Notice was recorded by the Orange County Recorder on August 16,
1990, Reference No. 90- 435427.
,� Sincerely,��JJ��``JJ
Butlerl��x�
Assistant City Clerk
IB:pm
cc: Public Works Department
3300 Newport Boulevard, Newport Beach
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk /ig`� ?..
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
90- 435422
RMPT RECORDING REQUEST PER
GOVERNMENT CODE 6103
EX C OPT
NOTICE OF COMPLETION
PUBLIC WORKS
RECORDED IN OFFICIAL RECORDS
OFORANGE COUNTY, CALIFORNIA
3:00
P.M. AUG 16.1990
Ca
�CCIJ&R
'I o All Laborers and Material Men and to Every Other Person Interested;
YOU WILL PLEASE TAKE NOTICE that on June 22, 1990
the Public Works project consisting of Storm Drain Improvement Program (C -2716)
on which Spiro
Construction Company, 2414
E. 23rd St., Long Beach, CA
90810
was the contractor,
and Employers Insurance
of Wausau a Mutual Company,
10 RooneyCirLje,
was the surety, was completed.
West Orange, NJ
07052
VERIFICATION
I, the undersigned, say:
CI OF NEWPORT BEACH
/ k4
45tblic Works Director
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 August 14, 1990 at Newport Beach. California.
Public 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 August 13, 1990 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.
1_:xecuted on August 14, 1990 at Newport Beach, California.
i
5.
(I.
ev ?r,:_ ,':',;,r.•', August 13, 1990
CITY T
CITY COUNCIL AGENDA
• AUG 1 31990 TEM NO. F-21 TO: City Council P VE0
FROM: Public Works Department
SUBJECT: ACCEPTANCE OF 1989 -90 STORM DRAIN IMPROVEMENT
PROGRAM (C -2716)
RECOMMENDATIONS:
1. Accept the work.
2. Authorize the City Clerk to file a Notice of
Completion.
3. Authorize the City Clerk to release the bonds 35 days
after the Notice of Completion has been recorded in
accordance with applicable portions of the Civil Code.
DISCUSSION:
• The contract for the cement mortar lining of existing
corrugated steel drains has been completed to the satisfaction of the
Public Works Department.
The bid price was $230,064.75
Amount of unit price items constructed 209,803.95
Amount of change orders 9,748.28
Total contract cost $219,552.23
The decrease in the amount of the unit price items
constructed was due primarily to many of the drains in the City Hall
area being deteriorated beyond repair. These will be replaced in
conjunction with the Newport Boulevard widening project.
Three Change Orders were issued. The first, in the amount
of $3,392.83, provided for removal and replacement of short sections
of deteriorated pipe adjacent to pipes being lined. The second, in
the amount of $1,028.50, provided for the removal of tree roots
• encountered in a drain near Cherry Lake. The third, in the amount of
$5,326.95, provided for replacement of a section of 8" CMP, including
dewatering and repaving.
Funds for the project were budgeted in the General Fund,
Account No. 02- 3489 -053.
Subject: Acceptance of 1989 -90 Storm Drain Improvement Program
C -2716
August 13, 1990
Page 2
• The contractor is Spiniello Construction Co. of Long Beach.
The work was completed on June 22, 1990.
An exhibit is attached for reference.
Benjamin B. Nolan
Public Works Director
PD: so
Attachment
•
•
CIT)OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
TO: FINANCE DIRECTOR
FROM: CITY CLERK
(714) 644 -3005
DATE: April 9, 1990
SUBJECT: Contract No. C -2716
V - /o -9c
Description of Contract Stone Drain Irrprovenent Program
Effective date of Contract April 9, 1990
Authorized by Minute Action, approved on March 26, 1990
Contract with Spiniello Construction Company
Address 2414 E. 23rd St.
Long Beach, CA 90810
Amount of Contract $230,064.75
"'� 4�.p 4�ev
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
V
.._,�', .
C-1
NOTICE INVITING BIDS
U
CITY CLERK
Sealed bids may be received at the office of the City Clerk,
3300 Newport Boulevard, P. 0. Box 1768, Newport Beach, CA 92659 -1768
until 11.00 A.M on the 30th. day of November , 1989 '
at which time ime such bids shaIT be opened and read for
STORM DRAIN IMPROVEMENT PROGRAM
�1
3
Title of Project
2716
Contract No.
$.210,000.00
Engineer's Estimate
a • \
�` �'
%z,
C �� Q-
\�� FO RN%
Approved by the City Council
this 13th day of November , 1989.
Wanda E. Ragglo
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 92659 -1768.
For further information, call Steve Luy at 644 -3311.
Project Manager
WORKER'S COMPENSATION INSURANCE CERTIFICATION
"I am aware of the provisions of Section 3700 of the Labor Code
which require every employer to be insured against liability for
worker's compensation or' to undertake self- insurance in
accordance with the provisions of that code, and I'will comply
with such provisions before commencing the performance of the
work of this contract."
April 2. 1990
Date
set Title and Contract
Spiniello Con¢truction Cc.
Contractor
0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
STORM DRAIN IMPROVEMENT PROGRAM
1989-90
CONTRACT NO. 2716
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard
P. 0. Box 1768
Newport Beach, CA 92659 -1768
Gentlemen:
0 PR 1.1
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
furnish all materials and do all the work required to complete this Contract No. 2716
in accordance with the Plans and Special Provisions, and will take in full payment therefor
the following unit price for the work, complete in place, to wit:
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
1. Lump Sum Mobilization
@ Six Thousand Dollars
and
No Cents $6,0on_oo $r,nnU�00 _
Per Lump Sum
2. 480 Line existing 8 -inch CSP storm drain
Lineal Feet
@ Seventy Dollars
and
Thirty -five Cents $70.35 $11,76R — On
Per Linea Foot
3. 1410 Line existing 12 -inch CSP storm drain
Lineal Feet
@ Seventy Dollars
and
Thirt -five Cents $70 35 $99,193.50
Per Linea Foot
4. 150 Line existing 43 -inch x 27 -inch CSP Arch
Lineal Feet
@Seventy Dollars
and
Thirty-five $70 ��_ -- $10,559 5n
Fir-0
Pe Lineal Foot
0 0
PR 1.2
EM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
5. 290
Line existing 18 -inch
CSP storm drain
Lineal Feet
@Seventy
Dollars
and
Thirt -f
Cents
Per Ltnea Fe
6. 220
Line existing 21 -inch
CSP storm drain
Lineal Feet
@ Seventy
Dollars
and
Thirt -f
Cents
Per Linea Fe
7. 185
Line existing 24 -inch
CSP storm drain
Lineal Feet
$70.35 $20.,401.50
$70.35 $15,477-no
@Seventy Dollars
and
Thirt -five Cents $70.35 $13.014.75
Per Ltnea Foot
8. 125 Line existing 30 -inch CSP storm drain
Lineal Feet
@Seventy Dollars
and
Thirt -five Cents $70.35 $$,739_ 75 _
Per Linea Foot
9. 325 Line existing 36 -inch CSP storm drain
Lineal Feet
@Seventy Dollars
and
Thirty -five Cents $/0.35 $22,863.75
e'1—r Lt nea Foot
TOTAL PRICE WRITTEN IN WORDS:
Two Hundred Thirty Thousand Sixty Four Dollars
and
Seventy -five Cents $ 230,064.75
301579 A SPINIELLO CONSTRUCTION COMPANY
Contractor's Lic. No. & M-s-s-IT-1-c-a-fi—on t er
213 835 -2111 _
Bt er's
Telephone Number
Da e
Western Regional
Bidder's Address
0
INSTRUCTIONS TO BIDDERS
0
Page 2
The following 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 SUBCONTRACTORS
4. BIDDER'S BOND (sum not less than 10% of total bid price)
5. NON- COLLUSION AFFIDAVIT
6. 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 documents.
The City of Newport Beach will not permit a substitute format for the
documents listed above. Bidders are advised to review their content with bonding
and legal agents prior to submission of bid.
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 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
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 respon-
sible for bidder errors and omissions in the PROPOSAL.
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 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
inclusive). The Contractor shall be responsible for compliance with Section
1777.5 of the California Labor Code for all apprenticeable occupations.
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.
301579 "A"
ontr's Lic. No. & assn ication
11 -30 -89 C S 4u IL&NM&
Date Authorized gnature /Title
M. Wayne Wpbell, Western Reg. Manager
Page 3
DESIGNATION OF SUBCONTRACTOR(S)
State law requires the listing of all subcontractors who will perform work in an
amount in excess of one -half of one percent of the Contractor's total bid. If a
subcontractor is not listed, the Contractor 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.
The Bidder, by signing this designation, certifies that bids from the following
subcontractors have been used in formulating the bid for the project and that
these subcontractors will be used subject to the approval of the Engineer and in
accordance with State law.
Subcontract Work Subcontractor Address
1. NONE
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Je* A i rn ature Title
M. Waynll, Western Reg. Manager
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS,
Page 4
That we, SpINIELLO epNSTEUCTION COMpANy bidder,
and Employers, Insurance of Wausau A Mutual Company as Surety, are held
and firmly bound unto the City of Newport Beach, California, in the sum of
Ten Perrent of the Total Amount Rid Dollars ($10% of amt bid),
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
Storm Drain improvement Proo ram - Contract No. 2716
Title o roject Contract No.
in the City of Newport Beach, is accepted by the City Council of said City, and if
if the above bounden bidder shall duly enter into and execute a contract for such
construction and shall execute and deliver to said City the "Payment" and
"Faithful Performance" contract bonds described in the Specifications within ten
(10) days (not including Saturday, Sunday, and Federal holidays) after the date of
the mailing Notice of Award to the above bounden bidder.by and from said City,
then this obligation shall become null and void; otherwise it shall be forfeited
to the said City.
In the event that any bidder above named executed this bond as an individual,
it is agreed that the death of any such bidder shall not exonerate the Surety from
its obligation under this bond.
IN WITNESS WHEREOF, we hereunto set our hands and seals this 30th day
Of November , 1989 .
(Attach acknowledgment of
Attorney -in -Fact)
Notary Public
Commission Expires:
SPINIELLO CONSTRUCTION COMPANY
Bidder
Title:
natur w itie
11, Western Regional Man.
E
NON- COLLUSION AFFIDAVIT
U
Page 5
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 arrangement 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 considering 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 suggested, 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
whomsoever 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.
Subscribed and sworn to before me
this291h day of November ,
1989.
My commission expires:
January 22, 1993
Notary Public
0
Page 6
NICAL 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.
1986 City of Newport Beach Steve Luy (714)644 - 3311__
C -2546
1988 let Prnpiilsinn lah F_ Ra,y Morser (R1R)354 -233D_
Contract No. 958272
1989 Caltrans B.E. Pastorius (805)549 -3359
Contract No. 05- 357804
SPINIELLO CONSTRUCTION COMPANY
Bidder
v _
Mori gna ure Title
M. Wayne 6a /dwell, Western Regional Man.
U r
rte..
f
EMPLOYERS ARANCE OF WAUSAU A Aba I Company
POWER OF ATTORNEY
(FOR BID BONDS ONLY)
KNOW ALL MEN BY THESE PRESENTS:
That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company. a corporation duly organized and existing under
the laws of the State of Wisconsin, and having its principal office in the City of Wausau. County of Marathon. State of
Wisconsin, has made, constituted and appointed, and does by these presents make, constitute and appoint
NANCY E. NERLINO. EMIL SOLIMINE. DEBRA SCHOONOVER. DONALD L. FELT[
its true and lawful attornev -in -fact, with full power and authority herebv conferred in its name, place and stead, to execute.
seal, acknowledge and deliver ANY AND ALI, BID BONDS OR WRITTEN DOCUMENTS INVOLVING BID GUARAN-
TEES OR IN THE NATURE THEREAFTER _____________
and to bind the corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with
-- the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said
attorney -in -fact may do in the premises.
This powerof attornev is granted pursuant to the following resolution adopted by the Board of Directors of said Company a lit
meeting duly called and held on the 18th day of May. 1973. which resolution is still in effect:
"RESOLVED, that the President and any Vice President — elective or appointive — of EMPLOYERS INSURANCE OF
WAUSAU A Mutual Company be, and that each of them herehy is, authorized to execute powers of attorney qualifying
the attorney named in the given power of attornev to execute on behalf of EMPLOYERS INSURANCE OF WAUSAU A
Mutual Companybonds, undertakings and all contracts of suretyship: and that any secretary or assistant secretary be,
and that each or any of them hereby is, authorized to attest the execution of any such power of attorney, and to attach
thereto the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company.-
/,
}
Z
h-
Q
tl
C,
W
r�
Q
O
Z
rr
Ui
"FURTHER RESOLVED, that the signatures of such officers and the seal of EMPLOYERS INSURANCE OF WAUSAU
A Mutual Company may be affixed to any such power of attornev or to any certificate relating thereto by facsimile. and
any such power of attornev or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding
upon the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company when so affixed and in the future with respect
to any bond, undertaking or contract of suretyship to which it is attached:'
IN WITNESS WHEREOF. EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused these ents to be
siened by the senior vice president and attested by its assistant secretary, and its corporate seal to be hereto affixed this 1 day
of APRIL Iq 87 .
EMPLOYERS INSURANCE OF WAUSAU A Mutual Company
By
Attest:
R. C. Retterath
R. J. Besieman • Assistant Secretary
STATE OF WISCONSIN )
) as.
COUNTY OF MARATHON )
Senior Vice President
On this 1ST day of APRIL . 19 87 . before me personally came
R. C. Retterath . to me known, who being by me duly sworn, did depose
and sav that he is a senior vice president of the EM PLOY E RS I NSU RANCE OF WAUSAU A Mutual Company, the corporation described in
and which executed the above instrument: that he knows the seal of said corporation: that the seal affixed to said instrument is such corporate
seal and that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year herein first above written,
Patricia A. Kleman Notary Public
NOTARY PUBLIC
STATE OF WISCONSIN
MY COMMISSION EXPIRES JUNE 3. 1990
STATE, OF WISCONSIN ) CERTIFICATE
CITY OF WAUSAU Is%.
COUNTY OF MARATHON )
I, the undersigned, assistant secretary of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company. a Wisconsin
corporation, do hereby certify that the foregoing and attached power of attorney, WHICH M UST CONTA I N A VALIDAT-
ING STATEMENT PRINTED IN THE MARGIN THEREOF IN RED INK, remains in full force and has not been
revoked: and furthermore that the resolution of the Board of Directors set forth in the power of attornev is still in force.
Signed and sealed in the City of Wausau, Marathon Cnunt-v, State of Wisconsin. this 30TH day
of NOVEMBER
'..�•^•••.� R. J. Besteman
SEALi
Assistant Secretary
NOTE: IF YOU HAVE ANY QUESTIONS REGARDING; THE VALIDITY OR WORDING OF THIS POWER OF
ATTORNEY. CALL TOLL FREE (8(X))826-166L (IN W ISCONS[N. CALL (8001 472 -INCH )
8154222 -1 686
CEMENT MORTS LINING DIVISION (International)
I In place cleaning and cement mortar lining of water mains
SIINIEIII MARINEDIVISION
CINST11tT11N Subaqueous Pipelines and Cables, Outfalls, Intakes
Co. am= IN
CONTRAZM E HEAVY CONSTRUCTION DIVISION
ENOINEEI Utilities and General Construction
Airport Park
35 Airport Road
Morristown, N.J. 07960
(201) 539 -6363
RESOLUTION
At a special meeting of the Board of Directors of Spiniello Construction
Company held on the 5th day of July, 1988, at which all directors were
present, the following resolution was unanimously adopted:
Be it resolved that M. Wayne Cardwell, Western Regional
Manager, be authorized to sign payment vouchers,
proposals, bonds, or contracts submitted by Spiniello
Construction Company.
There being no further business, the meeting was adjourned.
Yvo ne C. Johnston, Assistant Se—c-eiary.
Acknowledgement of Surety Company
State of New Jersey_
County of Essex
City of Livingston
On this 30TH day of November in the year 19 89 before me personally came
Nancy E. Nerlino , to me known,who, being by me duly
sworn, did depose and say that he resides in Livingston, NJ ; that he is
Employers Insurance of ausau
the Attorney -In -Fact for A Mutual Company , the
corporation descibed in and which executed the attached instrument; that he knows
the seal of the said corporation; that the seal affixed toathe said instrument
is such corporate seal; and that it was so affixed by Order of the Board of
Directors of the said corporation, and that he signed his name thereto by like
order.
ti4Tn- ;f i:S`�'' JERSEY
s
0
0
Page 7
The following contract documents shall be executed and delivered
to the Engineer within ten (10) days (not including Saturday, Sunday
and Federal holidays) after the date of mailing Notice of Award to
the successful bidder:
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.
Payment and Faithful Performance Bonds 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.
Insurance Companies affording coverage shall be (1) currently
authorized by the Insurance Commissioner �o transact business of
insurance in the State of California, and (2) assigned Policyholders'
Rating A (or higher) and Financial Size Category Class VIII (or larger)
in accordance with the latest edition of Best's Key Ratin99__G__u��ide:
Property - Casualty. Coverages shall be provided as speci�i�in the
tan ar peci ications for Public Works Construction, except as
Modified by the Special Provisions.
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, except as
visions.
NOTICE
0
Page 7
The following contract documents shall be executed and delivered
to the Engineer within ten (10) days (not including Saturday, Sunday
and Federal holidays) after the date of mailing Notice of Award to
the successful bidder:
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.
Payment and Faithful Performance Bonds 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.
Insurance Companies affording coverage shall be (1) currently
authorized by the Insurance Commissioner �o transact business of
insurance in the State of California, and (2) assigned Policyholders'
Rating A (or higher) and Financial Size Category Class VIII (or larger)
in accordance with the latest edition of Best's Key Ratin99__G__u��ide:
Property - Casualty. Coverages shall be provided as speci�i�in the
tan ar peci ications for Public Works Construction, except as
Modified by the Special Provisions.
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, except as
visions.
BOND NOV 152-27-054359
J
Page 8
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 March 26, 1990
has awarded to sPINTE110 CONSTRUCTION COMPANY
hereinafter designated as the "Principal ", a contract for
in the City of Newport Beach, in strict conformity with the Drawings and
Specifications and other contract documents 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 SPINIELLO CON3Tx1TeTTnm COMPANY
as Principal, and EMPLOYERS INSURANCE OF WAUSAU A MUTUAL COMPANY
as Surety, are held firmly bound unto the City of Newport Beach, in the sum of
Two Hundred Thirty Thousand Sixty Four Dollars 230 064.75---- -
and Seventy Five Cents----------------------- - - - - -- Dollars ($230,064.75 ),
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
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 tob
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, 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.
e
Page
Payment Bondi {Continued) .
r
' The b6hd shal1�- ure.to the benefit of any and all persons, companies, and
A :J'4x tP6 ..
r_4 Corp.orationO entitled tp file claims under Section 3181 of the California Civil
Code so as;.to give';a'right to them or their assigns in any suit brought upon this
bond ,`,aS. required by . the provisions of Sections 3247 et, seq. of the Civil Code of
he, tate 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
114aive 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;`.1t:;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 30Tn day of MARCH 19 9o.
Authorized gna ure and Title
JEMPLOYERS INSURANCE OF WAUSAU A
MUTUAL COMPANY (Seal)-
Name of Surety _
10'ROONEY.CIRCLE -
WEST 0 JGE, NJ 07052
s; 0 1 ty -
n tur an i e o utlorize
NANCY E. �ERL N0, ATTORNEY -IN -FACT gen
354 EISZHOWE PARKWAY, LIVINGSTON NJ 07039
Address of Agent
(201) 994 -3131
Telephone No. of gen
(Seal )
r
Name,of Contractor (Principal
Sp*1l. Constructiq)g Company
Authorized gna ure and Title
JEMPLOYERS INSURANCE OF WAUSAU A
MUTUAL COMPANY (Seal)-
Name of Surety _
10'ROONEY.CIRCLE -
WEST 0 JGE, NJ 07052
s; 0 1 ty -
n tur an i e o utlorize
NANCY E. �ERL N0, ATTORNEY -IN -FACT gen
354 EISZHOWE PARKWAY, LIVINGSTON NJ 07039
Address of Agent
(201) 994 -3131
Telephone No. of gen
r
;9
a 4'
Authorized gna ure and Title
JEMPLOYERS INSURANCE OF WAUSAU A
MUTUAL COMPANY (Seal)-
Name of Surety _
10'ROONEY.CIRCLE -
WEST 0 JGE, NJ 07052
s; 0 1 ty -
n tur an i e o utlorize
NANCY E. �ERL N0, ATTORNEY -IN -FACT gen
354 EISZHOWE PARKWAY, LIVINGSTON NJ 07039
Address of Agent
(201) 994 -3131
Telephone No. of gen
0 •
• BOND NO.di52 -27- 054359
Page 10
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, That
WHEREAS, the City Council of the City of Newport Beach, State of California,
by motion adopted Marrh 96, 1980
has awarded to SPTNIFIIn rnNSTRimunN rnMPANY
hereinafter designated as the "Principal ", a contract for
NMI 111:7011:13 M C3:1 E1330:1:1651:13, 1, o
in the City of Newport Beach, in strict conformity with the Drawings and
Specifications and other contract documents 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 SPINIELLO CONSTRUCTION COMPANY
as Principal, and EMPLOYERS INSURANCE OF WAUSAU A MUTUAL COMPANY
as Surety, are held firmly bound unto the City of Newport Beach, in the sum of
Two Hundred Thirty Thousand Sixty Four Dollars
and Seventy Five Cents----------------------- - - - - -- Dollars ($230,064.75- - - - -),
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 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 keep truly and perform the covenants,
conditions, 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
r
.]
3
Faithful Performance Bond (Continued)
L
Page 11
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 of any such change, extension of time, alterations or additions of
the contract or to the work or to the specifications.
In the event that the 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 MARCH , 1990 .
(Seal)
Name of ontractor (Principal)
S i iello Construct' n Company
Authorize Sign -ture and Title -
. WAYNE CARDWELL
N REGIONAL MANAGER
Authorized Signature and Title
EMPLOYERS INSURANCE OF WAUSAU A
MUTUAL COMPANY (Seal)
Name of urety
10 ROONEY CIRCLE _
WEST 0 GE, NJ 07052
Ad ss- urety,
354 EISENHOWER PARKWAY, LIVINGSTON, NJ 07039
Address of Agent
(201) 994 -3131 _
Telephone No. of Agent
0
ie
t ' ♦ .
Acknowledgement of Surety Company
State of NEW JERSEY
County of FccFx
City Of LjXjNGRT(TN
On this 3oTH day of MAUrx in the year 19 go before me personally came
NANCY E. NERLTNO , to me known,who, being by me duly
sworn, did depose and say that he resides in T.TVTN(:ST()N_ NJ that he is
EMPLOYERS INSURANCE OF WAUSAU A MUTUAL
the ATTORNEY -IN -FACT for COMPANY , the
corporation descibed in and which executed the attached instrument; that he knows
the seal of the said corporation; that the seal affixed to"the said instrument
is such corporate seal; and that it was so affixed by Order of the Board of
Directors of the said corporation, and that he signed his name thereto by like
order.
CORPORATE ACKNOWLEDGMENT(S)
STATE OF California l
COU, NTYOF Los Angeles }ss:
On this 2nd day of April
Public
Y c ,-
Y scion E §ii 3 Jai. Lt. 1902
19-2-0 , before me
personally came M. Wayne Cardwell to me known, who,
being by me duly sworn, did depose and say chat he resides in La Palma
that he is theWa9tarn Ragional Mgr, of the
Sciniello Construction Co.
the corporation which executed the foregoing instrument, that he knows the seal of the said corporation; that the seal affixed to the said
instrument is such corporate seal; that it was so affixed by order of the Board of Directors of the said corporation, and that he signed his name to
the said instrument by like order.
Notary
OFFICIAL. SEAL
BETTY L JEFFERS
NOTARY PUBLIC - CALIFORNIA
LOS ANGELES OWNTY
My comm. expires -DAN 22, 1993
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EMPLOYERS INSURANCE OF WAUSAU A Mutual Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a corporation duly organized and existing under
the laws of the State of Wisconsin, and having its principal office in the City of Wausau, County of Marathon, State of
Wisconsin, has made, constituted and appointed, and does by these presents make, constitute and appoint
_NANCY E. NERLINO, EMI1 SO T1 MIN_, DEBRA SCHOONOVFR, DONAI D I - FFI TFR
its true and lawful attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute,
seal, acknowledge and deliver ANY OR ALL BONDS, UNDERTAKINGS, RECOGNIZANCES OR OTHER WRITTEN
OBLIGATIONS IN THE NATURE: THEREOF NOT TO EXCEED THE PENAL SUM OF TEN MILLION
DOLLARS ($10,000,0)0i•
and to bind the corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with
the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said
attorney -in -fact may do in the premises.
This power of attorney is granted pursuantto the following resolution adopted by the Board of Directors ofsaid Company at a
meeting duly called and held on the 18th day of May, 1977, which resolution is still in effect:
"RESOLVED, that the President and any Vice President — elective or appointive— of EMPLOYERS INSURANCE OF
WAUSAU A Mutual Company be, and that each of them hereby is, authorized to execute powers of attorney qualifying
the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE OF WAUSAU A
Mutual Company bonds, undertakings and all contracts of suretyship: and that any secretary or assistant secretary be,
and that each or any of them hereby is, authorized to attest the execution of any such power of attorney, and to attach
thereto the seal of EMPLOYERS INSURANCE: OF WAUSAU A Mutual Company:'
"FURTHER RESOLVED, that the signatures of such officers and the seal of EMPLOYERS INSURANCE OF WAUSAU
A Mutual Company may he affixed to any such power of attorney or to any certificate relating thereto by facsimile, and
any such power of attorney or certificate hearing such facsimile signatures and facsimile seal shall be valid and binding
Upon the EMPLOYERS INSURANCE: OF WAUSAU A Mutual Company when so affixed and in the future with respect
to any bond, undertaking or contract of suretyship to which it is attached:'
IN WITNESS WHEREOF, EMPLOYERS INSURANCE. OF WAUSAU A Mutual Company has caused these presents to be
signed by the senior vice president and attested by its assistant secretary, and its corporate seal to be hereto affixed this 1sT day
of MARCH , 19 H .
Z
EMPLOYERS INSURANCE OF USAU A Mutual Company
SEAL By
R. C. Rettera(h / Senior Vice President
Attest: -- t
R. J. B steman Assistant Secretary
STATE OF WISCONSIN )
Ss.
COUNTY OF MARATHON )
On this 1 ST day ut MARCH 19 88 . before me personally came
R. C. Retterath , to me known, who being by me duly sworn, did depose
and may that he is a senior vice president of the F M PLOYFRS INSU RA.NCE OF WAUSAU A Mutual Company, the corporation described in
and which executed the above instrument: that he knows the seal of said corporation: that the seal affixed to said instrument is such corporate
,cal and that it was ,o affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order.
1\ W1 I'.\ ESS W It FRFOF, I have hereunto set my hand and affixed my official seal the day and Year herein first above written.
Patricia A. Kleman Notary Public
NOTARY PUBLIC
STATE OF WISCONSIN
STATE OF WISCONSIN 1 MY COMMISSION EXPIRES JUNE 3. 1990 +.t..76;. „t
CITY OF WAUSAU I ss. .o ... ..
CY)IINTY OF MARATHON I CF.RTIFICATF. -
L the undersigned. assistant secretary of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a Wisconsin
corporation. do herehy certify that the foregoing and attached power of attorney, WHICH MUST CONTAIN A
VALIDATING STATEMENT PRINTED IN THE MARGIN THEREOF IN RED INK, remains in full force and has
not been rreol",& ;nd furthermore that the resolution of the Board of Directors set forth i *n the power of attorney is still in force.
Signed and sealed in the City of Wausau. Marathon County. State of Wisconsin, this .._ 30th day
of - _. March --- -..... _ ... 14_40
SEFL i, R..1. Besteman Assistant Secretary
�i
NOTE.: IF YOU HAVE ANY QUESTIONS REGARDING THE VALIDITY OR WORDING OF THIS POWER OF
ATTORNEY, CALLTOLL FREE(MOO)B26- I681.0N WISCONSIN. CALL1HOM472-0041).
ConwUdated Balance Sheets
9MPLOYM INSURANCE OF WAUSAU A Mutual Company and Subsidima
Ouaranqfunds ...... ....... ..... . .................
Net unrealized appreciation on equity securities ...............
Equip adjustment from kxeign currency translation ............
Other unassigned funds ....................................
Taal policyholders' security funds .........................
Total liabilities and policyholders' security funds .............
5 302.7006000
4.544.488
2595584
51.433.991
361174.063
$3.712.127.373
S 257.700.000
4129.976
(3.850.044)
114546,920
367.626.852
53.184.537.815
13
Decembrr 31
Arab
19115
1967
Dada .................. ...............................
112189118145
S2394.679R84O
Short-term investments .... ...............................
274478,926
234.185.112
Slacks .................. ...............................
16.949278
16368.034
Other invested assets ..... ...............................
88901 569
6S.d27.882
Total invested assets ...... ...............................
2.669107918
2.711.560.868
Cash in banks ............. ...............................
IS196.139
18.492.020
Premium balances receivable ...............................
158.13D.677
154.722971
Accrued investment income and securities receivable ..........
56,072,109
63.M8.926
Federal, foreign. and state income tax recoverable ..............
2.644.396
1.079,926
Real estate. at cost less accumulated depreciation:
1988. SIS.442.471: 1987.414. 341. 640 ........................
38.406.068
36.960.677
Electronic data processing equipment ........................
4120123
4.063.319
Ouw asses ............... .........................:.....
240596.788
155.145.783
Separate account business .. ...............................
37.550,065
36.783,325
Tow assets ............. ...............................
53222.127378
53.184.537.815
LisbWes
Policy and claim liabilities
Claim and benefil reserves . ...............................
51.733.655.606
11.837123.466
Policy reserves ........... ...............................
777.156.632
722326.073
Policyholder dividends ...... ...............................
31716.765
3.332.776
Taxes accrued
Federal. foreign. and state income taxes ....................
1.857.058
0
rAher taxes ........................... ..................
14.190.475
13.788.026
Other liabilities ............ ...............................
292.726.709
203.457.797
Separate account business .. ...............................
37,550.065
36.783325
Total liabilities ........... ...............................
$2.860.853310
112$16.910.963
Polkytwlders' Security Funds
Ouaranqfunds ...... ....... ..... . .................
Net unrealized appreciation on equity securities ...............
Equip adjustment from kxeign currency translation ............
Other unassigned funds ....................................
Taal policyholders' security funds .........................
Total liabilities and policyholders' security funds .............
5 302.7006000
4.544.488
2595584
51.433.991
361174.063
$3.712.127.373
S 257.700.000
4129.976
(3.850.044)
114546,920
367.626.852
53.184.537.815
13
12
11
Consolidated Statements of Opeadom end Policyholder' Security Funds
VAPLOVERS MSURAKE OF wAUSAU A Mutual Company and Subsidiaries
Yon Ended December 31
Statemesw of Operad" Ism 1967
DbW product Irks
Income
Premiumsand odw considerations ..........................
Invesimentincome .......... ...............................
Realisedcapital gains ....... ...............................
Deductions
Insurance lasses and benefits..
Insurance operating expenses .
iteorne on &FW product Ones before
d kreda, ad"ed reinsurance and h co ne taxes ..................
Dividends to policyholders ..... ...............................
Affillated reinsurance .......... ...............................
ttteortt, bdore ktcame taxes ...... ...............................
Federal. loreign. and state income tax expense ...................
Netincomle .................... ...............................
Statements of Po§ghoMeW Security Funds
Polkyhoiders' security funds at beginning of year ...................
Metincot . ...................................................
Otter increases (decreases) in policyholders' security funds:
Less on discontinued product line ..............................
Statutory and other surplus adjustments .........................
PbikYholders' security funds at end of year ........................
f 1.337.991.669
222.267.873
18.411314
1.378.67I.676
1.221.668.485
355.015.561
1576.634.045
1.987.630
39.028.342
16.112.021
39.071.309
2.462.175
f
S 367.626.852
36.609.134
(33582.628)
(9.379.2%)
% 36174.063
$1.267,314,860
1505.013.224
1.033.906.352
368.809.818
1.402,716.200
102.327.024
38111.60
(5.245502)
4.433.106
S
S 342.737.098
$4.436 753
(43.155.000)
13.608.001
Sf 36
PRODUCER
Emar Group, Inc.
354 Eisenhower Parkway
Livingston, NJ 07039
INSURED
Spiniello Construction Co
35 Airport Road
Morristown, NJ 07960
9EId/1d�.ATw•SE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
CO
LETTER MPANY A NlallSall Insurance Company
COMPANY
LETTER B
COMPANY
LETTER C
COMPANY D
LETTER
COMPANY E
LETTER
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI-
TIONS OF SUCH POLICIES.
CO
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
POLICY E%PIRATIDN
LIABILITY LIMITS IN THOUSANDS
EACR
AGGREGATE
LTR
DATE (MM/OOIYY)
DATE (MMNNWI
NCE
GENERAL
LIABILITY
COMPREHENSIVE FORM
$
$
rIEURY
PREMISES/OPERATIONS
UNDERGROUND
$
$
EXPLOSION & COLLAPSE HAZARD
PRODUCTS/COMPLETED OPERATIONS
CONTRACTUAL
CC `P
$
INDEPENDENT CONTRACTORS
BROAD FORM PROPERTY DAMAGE
PERSONAL INJURY
PERSONAL INJURY
$
AUTOMOBILE
LIABILITY
mOLY
ANY AUTO
INLAY
(PER PERSON)
$
Q, r
ALL OWNED AUTOS (PRIV. PASS.)
moat
ALL OWNED AUTOS !OTHER THAN)
NURA
IPFP ENO
$
1 PRIV. PASS. /
HIRED AUTOS
NON -OWNED AUTOS
PROPERTY
DAMAGE
$
GARAGE LIABILITY
BI 3 PD
COMBINED
$
EXCESS LIABILITY
UMBRELLA FORM
BI 6 PD
COMBINED
$
$
OTHER THAN UMBRELLA FORM
sTATUroRY%
„�..
WORKERS' COMPENSATION
$ EACH ACCIDENT)
AND
1110 -00- 054359
05/01/89
05/01/90
$1,OOggIBEasE- POUCVUMm
EMPLOYERS' LIABILITY
$1, 000 SDISEASE -EACH EMPLOYEE)
OTHER
DESCRIPTION OF
City of Newport Beach
P.O. Box 1768
3300 Newport Blvd.
Newport Beach, CA. 92658 -8915
C -2716
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
PIRATION DATE T TyE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 3O DAY Il"fk'N NOTICE TO THE CERT ATE HOLDER NAMED TO THE
LEFT, BUT FAI .0 TOAWL$UCH NOTICE SNLL{.. OBLIGATION OR LIABILITY
OF ANY KIND ON THE'COMPANY. ITS'AGENTS CI RESENTATIVES.
CEMENT MORTAR LINING DIVISIONS (International)
In place cleaning and cement mortar lining of water mains
S P I N I E L L 0 j 2414 East 223rd Street
CONSTRUCTION I Long Beach, CA 90810
CO. SINCE 1922
CONTRACTORS
ENGINEERS (213)835 -2111
April 21 1990
City of Newport Beach
Public Works Dept.
P.O. Box 1768
Newport Beach, CA 92659 -1768
Attn: Mr. Steve Luy
Project Engineer
Ref: Storm Drain Improvement Program
Contract No. C -2716
WORKER'S COMPENSATION INSURANCE CERTIFICATION
"I am aware of the provisions of Section 3700 of the Labor Code
which require every employer to be insured against liability for
worker's compensation or to undertake self- insurance in
accordance with the provisions of that code, and I will comply
with such provisions before commencing the performance of the
work of this contract."
April 2, 1990
Date
Spiniello Construction Co.
Contractor
Storm Drain Improvement Program Contract No. C -2716
Project Title and Contract Number
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MMlDDI
POLICY EXPIRATION
DATE (MWDONI)
LIABILITY LIMITS IN THOUSANDS
EACH
OCCURRENCE
AGGREGATE
GENERAL
LIABILITY
COMPREHENSIVE FORM
PREMISES/OPERATIONS
UNDERGROUND
EXPLOSION 8 COLLAPSE HAZARD
PRODUCTS/CDMPLETED OPERATIONS
CONTRACTUAL
INDEPENDENT CONTRACTORS
BROAD FORM PROPERTY DAMAGE
PERSONAL INJURY
-
1121 00 054359
05/01/90
05/01/91
BODILY
INJURY
$
$
PROPERTY
DAMAGE
$
$
el & PD
COMBINED
$1, OOO,
$ 1, OOO,
PERSONAL INJURY
11000,
$
A
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS (PRIV. PASS.)
ALL OWNED AUTOS (OTH PTHAN�
HIRED AUTOS
NON -OWNED AUTOS
GARAGE LIABILITY
1121 02 054359
05/01/90
05/01/91
8 MLY
INNRY
(PER PERSON
$
R yx•
"
"
,Y 01.„ i
•: " +- - „f;;,
BOpIY
(PER INLAY
,YOENt)
$
PROPERTYr
DAMAGE
$
COMBINED
$1,000,
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
BI a PO
COMBINED
$
$
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY.`
1111 00 054359
05/01/90
05/01/91
STATUTORY
a's;$
000EACH ACCIDENT)
$ DISEASE - POLICY LIMIT)
$ DISEASEEACH EMPLOYEE)
OTHER
DESCRIPTION OF OPERATIONS /LOCATIONSfVEHICLES/SPECIAL ITEMS
Storm Drain
City of Newport Beach
P.O. Box 1768
3300 Newport Kvti.-
Newport Beach, CA. 92658 -8915
C -2716
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT. BUT FAILURE TO LiEL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
:Y
`.j
He
.c,.r".� y.a _ .,
0
Page 13
CITY OF NEWPORT BEACH
AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT
It is agreed that:
1. With respect to such insurance as is afforded by the policy for Automobile 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 said additional insured(s) shall apply as primary insurance and
no other insurance maintained by the City of Newport Beach shall 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 liability of the company affording coverage."
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 Multiple
Limits or Single Limit:
( ) Multiple limits
Bodily Injury Liability
Bodily Injury Liability
Property Damage Liability
(X) Combined Single Limit
Bodily Injury Liability
and
Property Damage Liability
$ per person
$ Der accident
$ 11000,000.
The limits of liability as stated in this endorsement shall not increase the total
liability of the company affording coverage 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 non - renewed, cancelled or coverage reduced before the expiration
date thereof, the Issuing Company shall provide 30 days' advance notice to the City of
Newport Beach by registered mail, Attention: Public Works Department.
5. Designated Contract:
This endorsement is effective 05/01/90
vement Program 1-2716
TProiect Title and Contrac
at 12:01 A.M. and forms a part of
Policy No. 1121 02 054359 of Wausau Insurance Company
(Company Affording overage
Insured Spiniello Construction Co. Endorsement No.
Producer Emar Group, Inc. By /n 79 e4,44 , - -�
Authorize r sen ative
i 6
CITY OF NEWPORT BEACH
GENERAL LIABILITY INSURANCE ENDORSEMENT
Page 14
It is agreed that:
1. With respect to such insurance as is afforded by the policy for General Liability, the
City of Newport Beach, its officers and employees are additional insureds, but only with
respect to liability arising out of operations performed by or on behalf of the named
insureds in connection with the contract designated below or acts and omissions of the
additional insureds in connection with its general supervision of such operations. The
insurance afforded said additional insured(s) shall apply as primary insurance and no
other insurance maintained by the City of Newport Beach shall 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 liability of the
company affording coverage.
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 hold 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(s) named in
Paragraph 1. of this endorsement shall be the limits indicated below written on an
"Occurrence" basis:
( ) Commercial ( ); Comprehensive
General Liability $ 1,000 -000, each occurrence
$ 1,000,000. aggregate
The applicable limit of Contractual Liability for the company affording coverage shall
be reduced by any amount paid as damages under this endorsement in behalf of the
additional insured(s).
The limits of liability as stated in this endorsement shall not increase the total
liability of the company affording coverage for all damages as the result of any one
occurrence in excess of the limits of liability stated in the policy as applicable to
General Liability Insurance.
6. Should the policy be non- renewed, cancelled or coverage reduced before the expiration
date thereof, the Issuing Company shall provide 30 days' advance notice to the City of
Newport Beach by registered mail, Attention: Public Works Department.
7. Designated Contract: Storm Drain Improvement Program C -2716
(Project Title and Contract No.)
This endorsement is effective 05/01/90 at 12:01 A.M. and forms a part of
Policy No.1121 00 054359
of Wausau Insruance Company
Company A or ing overage
Insured Spiniello Construction Co. Endorsement No.
Producer Emar Group, Inc. By / V1 :RA4�t �
Authorized Kellrenotative
Page 15
CONTRACT
THIS AGREEMENT, entered into thisO4 day of GCS, 19 9O
by and between the CITY OF NEWPORT BEACH, hereinafter "Cit ,' and
Slliniello Construction Co- , hereinafter "Contractor," is made with reference
To the following facts:
(a) City has heretofore advertised for bids for the following described
public work:
Storm Drain Improvement Program C -2716
Title of Project Contract No.
(b) Contractor has determined by City to be the lowest responsible
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 specifi-
cations 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:
Storm Drain Im rovemen, r ram C -2716
T1tle of Proj ec Contract No.
which project is more fully described in the contract documnts. 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 Two undrd
'hirt Thousand Sixt Four Dollars and Seven! Five Cents - - - -- ($230 7
This compensation includes ( ) any oss or damage arising from the nature of the
work; (2) any loss or damage arising from any unforeseen difficulties or
obstructions in the performance of the work; (3) any expense incurred as a
result of any suspension or discontinuance of the work; but excludes any loss
resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale
and tidal waves, and which loss or expense occurs prior to acceptance of the
work by City.
3. All of the respective rights and obligations of City and Contractor
are set forth in the contract documents. The contract documents are incor-
porated herein by reference as though set out in full and include the following:
(a) Notice Inviting Bids
(b) Instructions to Bidders and documents referenced therein
(c) Payment Bond
(d) Faithful Performance Bond
(e) Certificate of Insurance and Endorsement(s)
E
(f) Plans and Special
Storm Drain Improvement P
Tt a of Project
(g) This Contract.
`J
°ovisions for
ect -
Page 16
4. Contractor shall assume the defense of, and indemnity and hold
harmless, City and its officers, employees and representatives from all claims,
loss or damage, except such loss or damage proximately 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:
APPROVED AS TO FORM:
CITY OF NEWPORT BEACH
By
ayor pro -tem
Name o ontractor (Princ'pa )
Spiniell0 Construction Company
ana iitie_.
1N /W YNE CARDWELL
N REGIONAL MANAGER
Authorized Signature and Title
CITY
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
STORM DRAIN IMPROVEMENT PROGRAM
1989 -90
CONTRACT NO. 2716
INDEX
TO
SPECIAL PROVISIONS
SECTION
PAGE
I.
SCOPE OF WORK . . . . . . . . . . . . . . . . .
. . 1
II.
CLASSIFICATION OF CONTRACTOR'S LICENSE. . . . .
. . 1
III.
AWARD AND EXECUTION OF THE CONTRACT . . . . . .
. . 1
IV.
TIME OF COMPLETION . . . . . . . . . . . . . . .
. . 1
V.
PAYMENT . . . . . . . . . . . . . . . . . . . .
. . 2
VI.
WATER . . . . . . . . . . . . . . . . . . . . .
. . 2
VII.
SURFACE AND GROUNDWATER CONTROL . . . . . . . .
. . 2
VIII.
SHOP DRAWINGS . . . . . . . . . . . . . . . . .
. . . 2
IX.
OPTIONAL WORK FOR OTHERS . . . . . . . . . . . .
. . . 2
X.
CONSTRUCTION DETAILS . . . . . . . . . . . . . .
. . . 3
A. Repair or Replacement of Existing Storm
Drain Pipe . . . . . . . . . . . . . . . . .
. . . 3
B. Cleaning of Existing Storm Drain Pipe . . .
. . . 3
C. Lining of Existing Storm Drain Pipe in
Place......................3
1. Cement Mortar Lining . . . . . . . . . .
. . . 3
2. Polyester Resin Lining. . . . . . . . .
. . . 5
3. Polyethylene Pipe Liner . . . . . . . .
. . . 7
XI. WORK WITHIN UPPER NEWPORT BAY ECOLOGICAL PRESERVE . . 7
• • SP l of 9
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
STORM DRAIN IMPROVEMENT PROGRAM
1989-90
CONTRACT NO. 2716
I. SCOPE OF WORK
The work to be done under this contract consists of lining approximately
3,500 lineal feet of corrugated steel storm drain pipe at 19 sites
throughout the City.
The Contractor will be given the option of lining existing pipe with either
a polyester resin, polyethylene or Portland cement mortar.
All work necessary for the completion of this contract shall be done in
accordance with (1) these Special Provisions, (2) the Plan (Drawing
No. D- 5192- S),(3) the City's Standard Special Provisions and Standard
Drawings for Public Works Construction (19 88 Edition), an 4) t e tandard
peci ications for Public Wor s Construction (1988 Edition) and supp eements
to date. Copies of the Standard Specifi cations may be purchased from
Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034,
telephone (213) 870 -9871. A copy of the Standard Special Provisions and
Standard Drawings may be purchased at the Engineer's office for $5.
II. CLASSIFICATION OF CONTRACTOR'S LICENSE
At the time of the award, the Contractor shall possess a General Engineering
Contractor A License, a Concrete Contractor C -8 License, and /or a Pipeline
Contractor C -34 License.
III. AWARD AND EXECUTION OF THE CONTRACT
The bidder's attention is directed to the provisions of Section 2 -1 of the
Standard Special Provisions for requirements and conditions concerning award
and execution of the contract.
IV. TIME OF COMPLETION
The Contractor shall complete all field work on this contract within ninety
(90) consecutive calendar days, but no later than May 25, 1990. In
addition the Contractor shall complete all work at each storm drain site
within twelve (12) consecutive calendar days. The term "work" as used
herein shall include cleaning of debris from storm drains, dewatering,
lining of storm drains and clean -up. No work shall begin until a schedule
of work has been approved by the Engineer.
The Contractor shall be assessed $100 per day (including Saturday, Sundays,
and holidays) liquidated damages for each day in excess of the twelve (12)
consecutive days allowed for 100% completion of the construction work at
each storm drain site. Additional liquidated damages, as covered in Section
6 -9 of the Standard Specifications, shall be assessed for failure to complete
the contract by May 25, 1990.
• • SP 2 of 9
V. PAYMENT
The unit or lump sum price of 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 therefor.
Payment for incidental items of work, not separately provided for in the
proposal, shall be included in the price bid for related items of work.
Partial payments for mobilization costs shall be made in accordance with
Section 10264 of the California Public Contract Code.
The substitution of securities for any payment withheld in accordance with
Section 9 -2.2 of the Standard Specifications is permitted pursuant to
Government Code Sections 4590 and 14402 -5.
VI. WATER
If the Contractor desires to use City water, he shall arrange for a meter
and tender a $500 meter deposit with the City. Upon return of the meter in
good condition to City, the deposit will be returned to the Contractor, less
a quantity charge for water usage.
VII. SURFACE AND GROUNDWATER CONTROL
Surface water and groundwater will be encountered at various times and
locations during the work herein contemplated. The contractor, by
submitting a bid, acknowledges that he has investigated the risks arising
from surface water and groundwater and has prepared his bid accordingly.
The Contractor shall provide for the control and disposal of any accumula-
tion of water that interferes with construction.
VIII. SHOP DRAWINGS
The Contractor shall furnish to the Engineer shop drawings, data or
materials, and equipment and samples as are required for the proper control
of the work, including, but not limited to the following: pipe repair sec-
tions and fabricated pipe lining material. All shop drawings, data and
samples shall be subject to review by the Engineer for conformity with the
drawings and specifications.
IX. OPTIONAL WORK FOR OTHERS
The Contractor is advised that the Bluffs Homeowners Association desires to
obtain quotations to install lining in 4 drainage systems owned by the
Association. These installations could be performed by the Contractor
concurrent with work performed for the City. The Association's drainage
systems are nearby City -owned systems shown on Sheets 3 and 4 of the Plans.
Telephone the Association's general manager, Kevin Shannon, at (714)
759 -1200 for further information and to negotiate for this optional work.
X. CONSTRUCTION DETAILS
A. Repair or Replacement of Existing Storm Drain Pipe
SP 3 of 9
The Contractor is responsible for ascertaining the condition of the
existing C.S.P. storm drain prior to installation of the liner.
When, in the opinion of the Engineer, it is necessary to repair or
remove and replace a section of pipe, all such work performed by the
Contractor will be paid for as "extra work" in accordance with Section
3 -3 of the Standard Specifications. At the Engineer's option, the
lining of these sections of pipe may be deleted from the contract.
B. Cleaning of Existing Storm Drain Pipe
The Contractor shall remove all silt, sand, debris, detritus, or other
sedimentation or foreign material from within pipe to be lined and from
inlet and outlet areas.
After cleaning, the interior of the pipe shall present a surface free of
all foreign matter except non - deteriorated original coating, and shall
be free of accumulated water.
The Contractor shall install cofferdams and dewatering pumps at outlet
areas if needed to clean and line storm drains. Upon completion,
cofferdams and construction debris shall be disposed from the work site
at the Contractor's sole expense.
C. Lining of Existing Storm Drain Pipe in Place
Lining of existing pipe shall be accomplished using cement mortar lining,
polyester resin lining, or polyethylene slip lining.
1. Cement Mortar Lining
Lining pipe shall involve applying a cement mortar lining to
existing corrugated steel pipe, at the locations shown on the plans
and in accordance with these Special Provisions.
The dry components of the cement mortar shall consist of the
following proportions by weight: Sand, 50 percent and Portland
cement, 50 percent.
Sand shall conform to the provisions of Section 200 -1.5 "Sand" of
the Standard Specifications and to the following grading:
Sieve Sizes Percentage Passing
No.
16
100
No.
30
85 - 100
No.
50
10 - 35
No.
100
0 - 5
No.
200
0 - 5
Should sample runs demonstrate that alteration of the grading
requirements yields a better pipe lining, the above grading may be
modified upon written approval of the Engineer.
• • SP 4 of 9
After addition of the water, the mortar shall be well mixed and of
proper consistency to provide a dense, homogenous lining that will
hold firmly against the pipe surface. The water - cement ratio shall
be carefully controlled and shall be kept to a minimum as ordered by
the Engineer. Due allowance shall be made for any existing moisture
on the walls of the pipe. The mortar shall be premixed by machine
for a sufficient length of time to obtain maximum plasticity, or
approximately 3 minutes minimum.
The cement mortar lining shall be applied in such a manner as to
obtain a minimum 1/2 -inch nominal thickness over the top of the
corrugations. Application operations shall be performed in an unin-
terrupted, continuous manner, for the given pipe, using a centrifu-
gal machine capable of projecting the mortar against the wall of the
pipe without rebound - -but with sufficient velocity to cause the mor-
tar to be densely packed in place.
Sand pockets or observed lack of homogenity will not be acceptable.
Compressed air shall not be used in the application. Travel of the
mortar projecting machine, and the rate of discharge of the mortar,
shall be entirely mechanically controlled in such manner as to pro-
duce a uniform thickness of lining without segregation around the
perimeter and along the length of the pipe.
The machine shall be provided with an attachment for mechani-
cally troweling the mortar to produce a smooth, dense surface
finish. The machine placing the lining shall travel ahead of
the point of application in such a manner that freshly placed and
troweled mortar will not be disturbed until it has set. The
finished surface of the lining shall be dense and smooth in
appearance.
The trowel attachment shall be capable of operation in pipes
which are found to be out of round. The mechanical trowels
shall smooth the surface of the lining with a minimum distur-
bance to the lining. Excess materials, spatter, and any other
undesirable substances accumulating along the invert of the pipe
shall be removed ahead of the trowels.
Untroweled lining is acceptable in the lining of pipe that is
(1) excessively out of round due to damage from exterior forces, (2)
20 inches in diameter and under, and (3) when lining pipeline
segments which contain cocked joints, sharp bends, and angle points.
The finished untroweled surface shall be smooth and regular. Ridges
or uneven build -up caused by irregularity in the travel rate of the
machine shall not be allowed.
Hand placing of lining will not be permitted except at sharp
bends and special locations where machine placing, in the opin-
ion of the Engineer, is impracticable.
2
0 0
SP 5 of 9
Immediately upon the completion of a day's run of the machine,
or at any other appropriate interval within the working day, the
pipe shall be closed at both ends to prevent the circulation of
air. As soon as practicable after the final pass with the
machine and as approved by the Engineer, water shall be intro-
duced into the closed section in order to create a moist
atmosphere and keep the lining damp.
Polyester Resin Lining
Lining pipe shall involve inserting into the existing pipe an
acceptable liner bag impregnated with a suitable polyester resin
generally conforming to the system known as the "Insituform"
process or equal approved by the Engineer. The preparation,
insertion and curing of the liner is to be carried out by the
Contractor.
The reinforcing material of the liner bag shall be of a needle -
interlocked felt or other material approved by the Engineer
formed into sheets of required thickness. Liner bags may be
made of single or multiple layer construction, but any layer
must not be less than 3 mm. thick.
The liner felt content shall be sufficient to ensure a cured
thickness of liner as determined by the Contractor and approved
by the Engineer. Thickness of the cured liner shall meet the
process manufacturer's specifications and be subject to the
Engineer's approval.
The resin content of the liner shall be 10 - 15 percent by
volume greater than the volume of felt in the liner bag.
Allowance for longitudinal and circumferential stretching of the
liner during insertion shall be made by the Contractor.
The length of the liner shall be that deemed necessary by the
Contractor to effectively carry out the insertion and seal the
liner at the inlet and outlet of the manhole as shown on the
plans.
The actual strength and characteristics of the materials vary with
the type of resin used, the type of felt used, and the degree of
cure. The following table gives the range of physical properties
based on a 3 mm liner:
Typical Properties of Polyester Resin 1/8" Casting Properties
Flexural Strength
(psi)
8,000
Flexural Modulus
(psi x 106)
0.38
Tensile Strength
(psi)
4,000
Tensile Modulus
(psi x 106
0.4
Barcol
38
Heat Distortion Temp. ( °C) at 264 load psi
71
Charpy Impact
1.5
Tensile Elongation
W
1.7
• • SP 6 of 9
The physical properties for the liner shall not be less than those
shown in the above table. The contractor shall submit to the
Engineer certified test results of the above properties for the
liner used for the subject project.
Polyester resin liners shall be considered to fit closely to the
inner surface of the existing conduit and mechanically bonded to
it by excess resin such that the existing conduit is restored to a
structural condition that can continue to carry existing normal
earth and live loads. In the event of earth or live loads being
applied to the liner directly as in the case of severe damage to
the existing conduit resulting in missing sections, or bedding ero-
sion allowing potential major longitudinal pipe deflection
exceeding 5 %, or shallow lines subject to severe surface loadings
or potential soil shifting, then liner thickness shall be calcu-
lated to suit these conditions.
Installation
General - The Contractor shall deliver the uncured resin impreg-
nated liner bag to the site, or impregnate the liner
bag with resin at the site, provide all equipment required to
place and invert the liner into the conduit and cure it once in
place inside the pipeline.
Transportation to the Site - The liner bag shall be impregnated
with resin not more than 24 hours before the proposed time of
installation and stored out of direct sunlight at a temperature of
less than 39.2° F.
Liner Inversion - The liner shall be inverted into the pipeline
romi� a suitable platform located above the manhole or any other
point of inversion. The free open end of the liner bag shall be
firmly secured to the inversion platform and the folded liner
passed down a suitably reinforced column to a chute or bend
leading to the opening of the pipe to be lined. Clean water at
ambient temperature shall be applied to the inversion platform at
a rate sufficient to cause controlled inversion of the liner into
the pipeline.
Liner inversion rate shall not exceed 10 meters per minute and the
tail of the liner or the tail tag rope will be suitably restrained
to prevent liner run away.
Lining Curing - The Contractor shall supply a suitable heat source
an wad ter recirculation equipment capable of delivering hot water
to the far end of the liner to quickly and uniformly raise the
water temperature above the temperature required to commence the
exothermic reaction of the resin as determined by the catalyst
system employed.
The heat source shall be fitted with suitable monitors to gauge
the temperature of the incoming and outgoing water supply to deter-
mine when uniform temperature is achieved throughout the length of
9 • SP 7 of 9
the liner. Water temperature in the lining during the cure period
shall not be less than any one of the temperatures and times from
the following chart:
MINIMUM SCHEDULE
Time Temperature
1
hour
190° F
2
hours
180° F
3
hours
170° F
4
hours
150° F
Independent Tests
General - Should the Engineer desire to make independent tests,
the Contractor shall, at the request of the Engineer, furnish
test pieces or raw material samples. Such tests will be performed
at Engineer's expense.
The above tests shall be made on specimens of resin, catalyst and
felt as supplied or pieces of cured liner cut from waste areas
when possible. Otherwise, the specimens shall be cut from pieces
of cured liner representative of the material inserted and pre-
pared and cured in a similar technique to the process employed.
Delivery and Transportation - Delivery shall be made to the site
as shown on the p ans. a Contractor will deliver and insert the
liner on a specified date at a given time.
Delivery Documentation - Each liner will be accompanied by
suitable documenta tion indicating time and date of manufacture,
felt thickness, number of layers, length of liner, resin type.
Manufacture - Each liner may be manufactured at any time but shall
Fe ib mpregnated with resin not more than 24 hours prior to the
intended installation time. If insertion of the resin - impregnated
liner is delayed, the contractor may store, at his own cost, the
liner for a period not to exceed 48 hours at or below 39.2° F.
Insertion and Curing - The insertion and curing of the liner will
be carrie3 out y the Contractor, who shall provide sufficient
labor to operate the special equipment required to insert the liner
into the pipeline and cure it in place once installation is
complete.
3. High Density Polyethylene Pipe Liner
All pipe shall be Type III C 5 P 34, as tabulated in ASTM 1248,
high density polyethylene. Thickness of the high density
polyethylene pipe liner shall meet the manufacturer's specifica-
tions and be subject to the Engineer's approval.
• 0 SP8of9
Handling
Pipe shall be stored on clean level ground to prevent undue
scratching or gouging. Sections of pipe with deep cuts or gouges
shall be removed and the ends of the pipe joined. Handling of the
joined pipe shall be in such a manner that the pipe is not damaged
by dragging over sharp or cutting objects.
Joining
High density polyethylene pipe shall not be joined to existing
pipe or adjacent segments until a minimum of 12 hours has
elapsed to allow for temperature equalization and stress relief
Liner stretched beyond its elastic limit or damaged in any way
shall be rejected.
High Density Polyethylene Pipe Liner Installation
After the high density polyethylene liner is inserted and is in
place, the annular space between the liner and the existing
C.S.P. shall be filled with Class 100 -E -100 slurry or suitable
grout mix approved by Engineer. High density polyethylene liner
shall be the largest production size possible for each storm
drain to be lined.
Independent Tests
Engineer may request certified lab data to verify the physical
properties of pipe or may take random samples for testing by an
independent testing laboratory. Such tests will be performed at
Engineer's expense.
Sections of the high density polyethylene pipe shall be joined
into continuous lengths by the butt fusion method and shall be
performed in strict conformance with the pipe manufacturer's
recommendations using approved equipment. A minimum
15- inch -long, full stainless steel circle clamp shall be used to
connect two lengths of polyethylene pipe where butt fusion is
not feasible as determined by the Engineer.
Insertion Shaft and Excavations
Entry slope of at least 3:1 shall be used for safe bending
radius. The bottom of the entry pit should provide a straight
section for ease of entry by the liner into the existing pipe.
The straight run length is calculated by converting the ID
(inches) of the existing line to feet and adding three.
Therefore, if the ID of an existing line is 20 inches, the
straight area would be 20 feet plus 3, or 23 feet at the bottom
of the entry pit. The width of the shaft should be as narrow as
possible and it will depend on the location, type of soil, depth
of the existing storm drain and the water table.
SP9of9
I
Insertion of Liner
After completing the access shaft excavation, the existing pipe
shall be broken or cut and removed for the full length of the
access shaft.
A fabricated pulling head shall be connected to the leading end
of the pipe. A power winch cable shall be connected to the
pulling head so the liner can be pulled into the existing pipe.
Power winches for pulling in long lengths of high density
polyethylene pipe shall be rated equal to the project
requirements.
Precautions shall be exercised including the use of a cushion
and /or guide to prevent the ragged edges of the broken out pipe
from scoring the outside of the liner as it is pulled into the
pipe.
Caution must be taken not to stretch the polyethylene pipe
beyond its elastic limit in the event of a hang -up. Once
started, the pulling operation should continue to completion.
Pulling speeds shall approximate 50 feet per minute.
After insertion, a minimum of 12 hours shall be allowed for the
liner pipe to reach equilibrium with the pipe temperature and to
allow the pipe to stress relieve itself.
The high density polyethylene liner pipe should protrude at
least 3 inches into the terminal manhole or inlet.
XI. WORK WITHIN UPPER NEWPORT BAY ECOLOGICAL PRESERVE
Storm drains at 6 sites empty directly into the Upper Newport Bay Ecological
Preserve. The Contractor shall transport all material cleaned from these
drains or their inlet /outlet areas 1) to the City's designated drying area
shown on the plans, thence to disposal, or 2) directly to disposal. Upon
completion of work, all materials taken from drains or their inlet /outlet
areas shall be disposed from the Ecological Preserve at the Contractor's
sole expense.
Equipment used by the Contractor to perform work within the Ecological
Preserve shall not venture from the roadbed or drying area into marsh areas.
The Contractor shall provide warning signs and shall locate his signs,
equipment, and materials in a manner acceptable to the Engineer so as to
minimize inconvenience and maximize safety for pedestrians, cyclists and
motorists.
0
CONTRACT TERMINATION AGREEMENT AND MUTUAL RELEASE
This Termination Agreement ( "Agreement" herein) is made and
lG/
entered into as of this /Mt day of 12aaft, 1990, by and among, the
CITY OF NEWPORT BEACH ( "City" herein), and DRAINAGE CONSTRUCTION COM-
PANY, INC., a California Corporation, ( "Contractor" herein).
RECITALS
A. City and Contractor entered into a written contract enti-
tled "Storm Drain Improvement Project ", Contract No. 2716, ("Con-
tract" herein) on or about January 25, 1990, for the construction of
Storm Drain Improvements in the City of Newport Beach, Orange Coun-
ty, State of California. The work consists of lining corrugated
steel storm drain pipe at 19 sites throughout the City, (hereinafter
referred to as the "Pipe Lining Project ".)
B. In accordance with the contract provisions, The Insurance
Company of the West, ( "Surety" herein), issued Performance Bond and
Payment Bond Nos. 114 -7168, in an amount equal to 100% of the con-
tract price, as required by the Contract. Surety also issued a Bid
Bond for the sum of not less that l0% of the total Bid Price in
accordance with the Contract Notice Inviting Bids.
C. Contractor furnished a Bid specifying the use of pipeline
manufactured in various sizes from Advanced Drainage Systems, Inc.,
( "ADS" herein), and designated ADS as subcontractor. At all times
Contractor responded in good faith to the City's Notice Inviting
Bids, the Contract Special Provisions, Plans and Specifications.
- 1 -
C�
0
D. Thereafter and subsequent to the Contract award, Contrac-
tor was informed by the City that ADS pipe was not in conformance
with the Contract Plans and Specifications.
E. Now therefore, in consideration of the above recitals,
each of the parties to this Agreement believe that it is in their
respective best interests to settle their differences. In further
consideration of the covenants, conditions and mutual promises here-
in, and without acknowledging the validity of any of the claims in
connection with any dispute regarding the Contract Specifications,
or otherwise, and in an effort to avoid the expense of litigation,
each party agrees as follows:
1. Verification of Recitals. Each party to this Agreement
hereby confirms that the aforementioned recitals are correct.
2. Termination of Contract. City and Contractor hereby
mutually agree to terminate the Contract and exonerate the Surety
Bonds, including Payment and Performance Bonds and Bid Bonds. City
and Contractor hereby mutually waive any and all further performance
under the Contract and Surety Bonds which might be due, except as
otherwise provided herein in accordance with the terms and condi-
tions of this Agreement.
3. Acknowledgment of Effect of This Agreement The parties
to this Agreement acknowledge, covenant and agree that the Agreement
is the result of compromise and shall never at any time for any
purpose be construed as an admission by any party to this Agreement
of any liability or responsibility to any other party, or to any
other person. By mutual agreement of the parties hereto, this Agree-
MWAM
ment can never be used as evidence of liability on any underlying
contract dispute against any party, to any agent, employee or repre-
sentative thereof, in any court of law.
4. Mutual Liability Release. Except as provided in this
Agreement, the parties, and each of them release and forever dis-
charge each of the other parties, and each of the other parties
officers, partners, directors, employees, agents, consultants, suc-
cessors, and assigns, from any and all liability in any manner aris-
ing out of or related to the Contract Surety Bonds, and Bid Bond,
the obligations imposed under the Contract and the Surety Bonds, and
Bid Bond, and damages or claims arising from the performance,
non - performance, or cessation of performance of the Contract. It is
the intention of the parties, and each of them that this Agreement
shall be effective as a full and final accord and satisfactory re-
lease of any and all matters or claims which have arisen or may
arise from the contract and the Surety Bonds and Bid Bond.
All parties to this Agreement, and each of them, expressly
waive and relinquish all rights and benefits afforded by Section
1542 of the Civil Code of the State of California , and do so under-
standing and acknowledging the significance and consequences of such
specific waiver of Section 1542. Section 1542 of the Civil Code of
the State of California states as follows:
"A general release does not extend to claims which the
creditor does not know or suspect to exist in his favor at
the time of executing the release, which if known by him
must have materially affected his settlement with the debt-
or."
- 3 -
0 0
Notwithstanding the provisions of Section 1542, and for the
purpose of implementing a full and complete release and discharge of
the parties hereto, each party expressly acknowledges that this
Agreement is intended to include in its effect, without limitation,
all of the claims and liabilities which City and Contractor, and
each them, do not know or suspect to exist in their favor at the
time of execution hereof, and this Agreement contemplates extinguish-
ment of all such claims and liabilities.
5. No Assignment or Transfer of Claims. The parties, and
each of them, represent that they have not heretofore assigned or
delegated, or purported to assign or delegate, to any person or
entity, any of their rights, or duties, pursuant to the Contract.
The Agreement shall not be assigned or delegated following the execu-
tion of this Agreement without the written consent of every other
party to this Agreement.
6. Understanding of Agreement. The parties, and each of
them, represent and warrant that they have thoroughly discussed all
aspects of this Agreement with their respective attorneys; that they
are not relying on any advice or opinion other than that of their
respective attorneys as to the provisions, conditions and covenants
of this Agreement; that they have carefully read and fully under-
stand all of the provisions of the Agreement; and that they are
entering into this Agreement voluntarily.
7. Attorneys' Fees. The parties, and each of them, individ-
ually consent and agree that the other party shall recover its rea-
sonable costs, including expert witness fees and reasonably attor-
neys' fees, incurred by such party, arising out of any breach of
this Agreement, from the party or parties who caused such breach.
- 4 -
•
8. Governing Law. This Agreement shall be governed by
and interpreted and construed in accordance with the laws of the
State of California.
9. Construction of this Agreement. The language of all
parts of this Agreement shall in all cases be construed as a whole,
according to its fair meaning, and not strictly for or against any
of the parties. Paragraph headings used in this Agreement are for
identification only, and have no force or effect with or on the
terms, or the interpretation of this Agreement. All parties to this
Agreement, and each of them, agree that they have collaborated in
the drafting of this Agreement, and that the Agreement has been
drafted by all, and it is their intent that the language of the
Agreement shall not be construed strictly against any one party as
drafter of the Agreement.
10. Scope of Agreement. This Agreement shall be binding
upon the City and Contractor, and each of them, and upon their
agents, employees, representatives, successors and assigns, and
shall inure to the benefit of City and Contractor, and to their
agents, employees, representatives, successors and assigns.
11. Entire Agreement. This Agreement contains the entire
agreement and understanding concerning the subject matter herein,
and supersedes and replaces any prior negotiations or agreements
between the parties, or any of them, whether written or oral. Each
of the parties acknowledges that no other party of agent or attorney
of any other party has made any promise, representation, or warran-
ty, express or implied, not contained herein, concerning the subject
matter hereof, to induce the other party to execute this Agreement,
- 5 -
and each party acknowledges that it has not executed this instrument
in reliance on any such promise, or representation, or warranty not
contained in this document.
12. Costs of Settlement. Each party shall be responsible
for its own costs and fees incurred in connection with the prepara-
tion and execution of this Agreement.
13. Counterparts. This Agreement may be executed in counter-
parts, all of which when taken together shall constitute one and the
same instrument.
14. Notices and Correspondence. All notices, correspondence,
and other communications made or sent pursuant to this Agreement
shall be addressed to the parties as listed below. The parties
agree to inform all other parties promptly in the event of any
change in the information herein.
City of Newport Beach
Public Water Department
P. O. Box 1768
Newport Beach, California 92659 -1768
Attn: Mr. Robert Burnhom
Drainage Construction Company, Inc.
1505 Sycamore Avenue
Vista, California 92083
Attn: Gary Thibodo
a
i 0
IN WITNESS WHEREOF, the undersigned have executed this Settle-
ment Agreement as of the date first identified above.
L��/�
SIGNATURE PAGE, SETTLEMENT AGREEMENT DATED O"ee, 1990
CONSISTING OF 7 PAGES, INCLUDING THIS PAGE.
APPROVED AS TO FORM AND CONTENT.
THE CITY OF NEWPORT BEACH
APPROVED AS TO ORM AND CONTE
qL� �
Attorney for
DRAINAGE CONSTRUCTION COMPANY, INC.
(AGMNT 200 /ccp a- f/87038- 004 /klm)
- 7 -
CITY OF NEWPORT BEACH
AINAGE CONSTRUCTION CO.
BY:
?XjtouF
N
is
•
�J
..T
11
TO: CITY COUNCIL
ach 26, 1990
CITY COUNCIL AGENDA
ITEM NO. F -3(d)
FROM: Public Works Department
SUBJECT: STORM DRAIN IMPROVEMENT PROGRAM (C -2716)
RECOMMENDATION:
1. Find that Drainage Construction Inc. bid Contract
No. 2716 in good faith assuming that ADS pipe
materials would be acceptable.
2. Rescind the award of Contract No. 2716 to Drainage
Construction Inc.
3. Authorize the Mayor and the City Clerk to execute a
"Contract Termination Agreement and Mutual Release"
with Drainage Construction.
4. Approve a budget amendment to transfer $24,583.02.
5. Direct staff to revise the date of completion for
Contract No. 2716.
6. Award Contract No. 2716 to Spiniello Construction
Co. for the total bid price of $230,064.75 and
authorize the Mayor and the City Clerk to execute
the contract.
DISCUSSION:
This project provides for lining deteriorated corrugated
steel storm drain pipe throughout the City, as shown on the
attached Exhibit "A ". The work is needed to prevent storm and
nuisance water from seeping out of storm drains and into hillside
soil, thereby creating condition for slope failure and property
damage.
At 11:00 a.m. November 30, 1989, the City Clerk opened
and read the following bids for this project:
Bidder Total Bid Price
Low Drainage Const. Inc. $157,000.00
2 Spiniello Const. Co. $230,064.75
The low total bid price was 25% below the Engineer's
Estimate of $210,000.00.
On December 11, 1989, the project was awarded to the low
bidder, Drainage Construction Inc. Drainage Construction bid the
subject project with the intent of using a pipe product
manufactured by Advanced Drainage Systems Inc. (ADS) . Although the
Of)
Subject: Storm Dra Improvement Program (C -06)
March 26, 1990
Page 2
ADS pipe product is satisfactory for many uses, it does not comply
with all requirements in the project specifications. Specifically,
• sections of ADS pipe may not be joined by butt - fusion and ADS does
not provide the largest production size liner possible for each
storm drain to be lined.
Drainage Construction has informed us (per attached
letter of February 14, 1990) that the cost of constructing the
project with acceptable pipe products would be an additional
$83,162. The cost of the project would then exceed the second low
bidder's total price by $10,097. Staff feels it would be
appropriate to allow the low bidder to withdraw his bid and to
exonerate the surety bonds. The staff feels that Drainage
Construction submitted a bid in good faith based on the use of an
unacceptable pipe product. Staff also feels that the project
should be performed without delay.
Staff has received, and the City Attorney has reviewed,
a proposed agreement between the City and Drainage Construction
pursuant to which each side releases the other from any obligations
(see attached Contract Termination Agreement and Mutual Release).
Staff recommends that City Council authorize the Mayor and City
Clerk to execute the agreement.
• The second bidder, Spiniello Construction Co. has agreed
to construct cement mortar linings within the deteriorated storm
drains (see attached letter of March 8, 1990). They required
extending the completion date from May 25, 1990 to June 15, 1990 to
allow them sufficient time to complete the work. Spiniello Is total
bid price is 9'% above the Engineer's Estimate. Spiniello is a
well - qualified general engineering contractor who has
satisfactorily completed similar contract work for the City.
•
Additional funds to award the project are proposed from
the following accounts:
Account Description
Storm Drain Improvements Prog
Riverside Ave Storm Drain
Account No.
02- 3489 -053
02- 3497 -447
Amount
$48,481.73
24,583.02
A budget amendment to transfer $24,583.02 from the
Riverside Avenue Storm Drain account has been prepared for Council
consideration. The upstream portions of the Riverside Avenue Storm
Drain will not be constructed this fiscal year and are not deemed
as important to construct as are the hillside storm drain liners.
The plans and
Yd�ks Departt, All
Benjamin B. Nolan
Public works Director
SL: so
Attachment
specifications were prepared by the Public
work should be completed by June 15, 1990.
M
u
•
•
cY"e -,
GENERAL ENGINEERING CONTRACTOR
STATE CONTRACTOR LICENSE NO. 505029
1505 SYCAMORE AVE. • VISTA, CA 92083 • PHONE: (619) 727 -3114
FAX: (619) 727-5964
February 14, 1990
Ci *y of Newport Beach
Fuhlii- Works Department
P.O. Box 1766
Ne..port Beach, CA 92659 -1768
Att,:: Lloyd Dalton (/
iic <•iy�, Eng�;te �,
Ref: Storm Drain Improvements Program
C -2716
%'n,!- Mr Dalton:
Nith reference to alternate pipeliner material for the above
r-=erenc^d project, we are currently seeing a substantial ircrease
in price of the materials. Following is a breakdown of the pricing
_. A.D.S. material and sizes versus Plexco -P.C. Mater.ials. Cn
colloarison between A.D.S. and Plexco, the additional cost for
materials alone is 837,889.42.
A.D.S. MATERIAL
Duantit;
Existing
Proposed
Cost
Tots-
C.M.P.
Size
Per Foot
Cost
=80'
81,
6"
.65
$ - 00
1910'
12"
8"
1.05
$ 1,460.50
50,
x 27" Arch
181.
18"
4.95
$ 742.50
290'
18"
1 ="
3.37
$ 293.37
220'
21"
16"
3.37
$ 741.40
.?5'
24"
18"
4.95
$ 915.75
125
30"
24"
8.55
$ 1,068.75
325'
36"
30"
15.68
$ 5,096.00
Sub Total
$10,650.27
Sales Tax
$ 772.14
Total $11,422.41
S<
•City of Newport Beach
February 14, 1990
Page 2
PLEXCO - P.P.C.
On review of the actual installation of an alternate type of
pipeliner, it has been brought to my attention that the alternate
liner is not as flexible the A.D.S. material. Therefore, we,
an-- ieipaL-- ai iL_c::__ tis_ Lu inbiall tht: b1LcCiiaLc 1:ner:E. F-
have estimated that 28.5 additional days will be incurred to
install the alternate liner. We have determined our daily cost of
$1,588.00 per working day. This is broken down as follows.
Labor $ 655.00
• Equipment $ 535.00
Miscellaneous $ 77.50
Overhead $ 57.00
Profit (20 %) $ 264.00
Total Daily Cost $1,588.50
5 �-
Quantity Existing
Proposed
Cost
Total
C.M.P.
Size
Per Foot
Cost
480'
8"
6"
S 1.96
$ 940.80
1410'
12"
10"
5.15
$ 7,261.50
150'
43" x 27" Arch
24"
30.10
$ 4,515.00
290'
18"
16"
11.44
$ 3,317.60
220'
2l"
18"
'13.60
$ 2,992.00
185'
24"
20"
20.90
$ 3,866.50
125'
30"
28"
35.05
$ 4,381.25
325'
36"
34"
57.55
$18,703.75
Subtotal
$45,978.40
Sales Tax
$ 3,333.43
•
Total
$49,311.83
Plexco
$49,311.83
A.D.S.
$11,422.41
Added Cost to
Drainage Const.
$37,889.42
On review of the actual installation of an alternate type of
pipeliner, it has been brought to my attention that the alternate
liner is not as flexible the A.D.S. material. Therefore, we,
an-- ieipaL-- ai iL_c::__ tis_ Lu inbiall tht: b1LcCiiaLc 1:ner:E. F-
have estimated that 28.5 additional days will be incurred to
install the alternate liner. We have determined our daily cost of
$1,588.00 per working day. This is broken down as follows.
Labor $ 655.00
• Equipment $ 535.00
Miscellaneous $ 77.50
Overhead $ 57.00
Profit (20 %) $ 264.00
Total Daily Cost $1,588.50
5 �-
0
City of Newport Beach
•February 14, 1990
Page 3
By using our estimated 28.5 days and multiplying it by our factor
of $1,588.50, we have determined that Drainage Construction Co.,
Inc. will incur an additional $45,272.25 for labor, equipment and
miscellaneous cost by using this alternate pipeliner.
As you can see from the above, there is a substantial cost
increase brought about by this proposed change. We are open to
discussing in what manner the City of .Newport Beach wishes to
proceed with the Project. We will continue to contact the other
two manufacturers the City has recommended to us to determine if
there may be a type of savings with the other pipeliner materials.
We are most anxious to begin construction on this project as we
have idle manpower and equipment. We do, however, request that we
• receive written instructions from the City of Newport Beach on the
manner in which you wish us to proceed.
If you wish to have a meeting at your convenience, I will make
myself available to you at your office. If there are questions,
please do not hesitate to contact me at (619) 727 -3114.
Sincerely,
(-
Gary cKAT"hibodo
President
GRT /slc
4dc /b:nportbch.214
•
.I
u
CONTRACT TERMINATION AGREEMENT AND MUTUAL RELEASE
• This Termination Agreement ( "Agreement" herein) is made and
entered into as of this _ day of March, 1990, by and among, the
CITY OF NEWPORT BEACH ( "City" herein), and DRAINAGE CONSTRUCTION COM-
PANY, INC., a California Corporation, ( "Contractor" herein).
RECITALS
A. City and Contractor entered into a written contract enti-
tled "Storm Drain Improvement Project ", Contract No. 2716, ( "Con-
tract" herein) on or about January 25, 1990, for the construction of
Storm Drain Improvements in the City of Newport Beach, Orange Coun-
ty, State of California. The work consists of lining corrugated
steel storm drain pipe at 19 sites throughout the City, (hereinafter
referred to as the "Pipe Lining Project ".)
B. In accordance with the contract provisions, The Insurance
Company of the West, ( "Surety" herein), issued Performance Bond and
Payment Bond Nos. 114 -7168, in an amount equal to 100% of the con-
tract price, as required by the Contract. Surety also issued a Bid
Bond for the sum of not less that 10% of the total Bid Price in
accordance with the Contract Notice Inviting Bids.
C. Contractor furnished a Bid specifying the use of pipeline
manufactured in various sizes from Advanced Drainage Systems, Inc.,
•
( "ADS" herein), and designated ADS as subcontractor. At all times
Contractor responded in good faith to the City's Notice Inviting
Bids, the Contract Special Provisions, Plans and Specifications.
- 1 -
01
D. Thereafter and subsequent to the Contract award, Contrac-
tor was informed by the City that ADS pipe was not in conformance
• with the Contract Plans and Specifications.
E. Now therefore, in consideration of the above recitals,
each of the parties to this Agreement believe that it is in their
respective best interests to settle their differences. In further
consideration of the covenants, conditions and mutual promises here-
in, and without acknowledging the validity of any of the claims in
connection with any dispute regarding the Contract Specifications,
or otherwise, and in an effort to avoid the expense of litigation,
each party agrees as follows:
• AGREEMENT
1. Verification of Recitals. Each party to this Agreement
hereby confirms that the aforementioned recitals are correct.
2. Termination of Contract. City and Contractor hereby
mutually agree to terminate the Contract and exonerate the Surety
Bonds, including Payment and Performance Bonds and Bid Bonds. City
and Contractor hereby mutually waive any and all further performance
under the Contract and Surety Bonds which might be due, except as
otherwise provided herein in accordance with the terms and condi-
tions of this Agreement.
3.
Acknowledgment of Effect of This Agreement The
parties
•
to this
Agreement acknowledge, covenant
and agree that the
Agreement
is the
result of compromise and shall
never at any time
for any
purpose
be construed as an admission by
any party to this
Agreement
of any
liability or responsibility to
any other party,
or to any
other person. By mutual agreement of the
parties hereto, this Agree-
- 2 -
0 0
went can never be used as evidence of liability on any underlying
contract dispute against any party, to any agent, employee or repre-
sentative thereof, in any court of law.
4. Mutual Liability Release. Except as provided in this
Agreement, the parties, and each of them release and forever dis-
charge each of the other parties, and each of the other parties
officers, partners, directors, employees, agents, consultants, suc-
cessors, and assigns, from any and all liability in any manner aris-
ing out of or related to the Contract Surety Bonds, and Bid Bond,
the obligations imposed under the Contract and the Surety Bonds, and
Bid Bond, and damages or claims arising from the performance,
non - performance, or cessation of performance of the Contract. it is
• the intention of the parties, and each of them that this Agreement
shall be effective as a full and final accord and satisfactory re-
lease of any and all matters or claims which have arisen or may
arise from the contract and the Surety Bonds and Bid Bond.
All parties to this Agreement, and each of them, expressly
waive and relinquish all rights and benefits afforded by Section
1542 of the Civil Code of the State of California , and do so under-
standing and acknowledging the significance and consequences of such
specific waiver of Section 1542. Section 1542 of the Civil Code of
the State of California states as follows:
"A general release does not extend to claims which the
• creditor does not know or suspect to exist in his favor at
the time of executing the release, which if known by him
must have materially affected his settlement with the debt-
or."
- 3 -
a
•
•
•
0
Notwithstanding the provisions of Section 1542, and for the
purpose of implementing a full and complete release and discharge of
the parties hereto, each party expressly acknowledges that this
Agreement is intended to include in its effect, without limitation,
all of the claims and liabilities which City and Contractor, and
each them, do not know or suspect to exist in their favor at the
time of execution hereof, and this Agreement contemplates extinguish-
ment of all such claims and liabilities.
5. No Assignment or Transfer of Claims. The parties, and
each of them, represent that they have not heretofore assigned or
delegated, or purported to assign or delegate, to any person or
entity, any of their rights, or duties, pursuant to the Contract.
The Agreement shall not be assigned or delegated following the execu-
tion of this Agreement without the written consent of every other
party to this Agreement.
6. Understanding of Agreement. The parties, and each of
them, represent and warrant that they have thoroughly discussed all
aspects of this Agreement with their respective attorneys; that they
are not relying on any advice or opinion other than that of their
respective attorneys as to the provisions, conditions and covenants
of this Agreement; that they have carefully read and fully under-
stand all of the provisions of the Agreement; and that they are
entering into this Agreement voluntarily.
7. Attorneys' Fees. The parties, and each of them, individ-
ually consent and agree that the other party shall recover its rea-
sonable costs, including expert witness fees and reasonably attor-
neys' fees, incurred by such party, arising out of any breach of
this Agreement, from the party or parties who caused such breach.
- 4 -
8. Governing Law. This Agreement shall be governed by
and interpreted and construed in accordance with the laws of the
• State of California.
9.
Construction of this
Agreement.
The language
of all
parts of
this Agreement shall
in
all cases
be construed as
a whole,
according to its fair meaning, and not strictly for or against any
of the parties. Paragraph headings used in this Agreement are for
identification only, and have no force or effect with or on the
terms, or the interpretation of this Agreement. All parties to this
Agreement, and each of them, agree that they have collaborated in
the drafting of this Agreement, and that the Agreement has been
drafted by all, and it is their intent that the language of the
•Agreement shall not be construed strictly against any one party as
drafter of the Agreement.
lo. Scope of Agreement. This Agreement shall be binding
upon the City and Contractor, and each of them, and upon their
agents•, employees, representatives, successors and assigns, and
shall inure to the benefit of City and Contractor, and to their
agents, employees, representatives, successors and assigns.
11. Entire Agreement. This Agreement contains the entire
agreement and understanding concerning the subject matter herein,
and supersedes and replaces any prior negotiations or agreements
between the parties, or any of them, whether written or oral. Each
• of the parties acknowledges that no other party of agent or attorney
of any other party has made any promise, representation, or warran-
ty, express or implied, not contained herein, concerning the subject
matter hereof, to induce the other party to execute this Agreement,
- 5 -
is
•
•
0
0
and each party acknowledges that it has not executed this instrument
in reliance on any such promise, or representation, or warranty not
contained in this document.
12. Costs of Settlement. Each party shall be responsible
for its own costs and fees incurred in connection with the prepara-
tion and execution of this Agreement.
13. Counterparts. This Agreement may be executed in counter-
parts, all of which when taken together shall constitute one and the
same instrument.
14. Notices and Correspondence. All notices, correspondence,
and other communications made or sent pursuant to this Agreement
shall be addressed to the parties as listed below. The parties
agree to inform all other parties promptly in the event of any
change in the information herein.
City of Newport Beach
Public Water Department
P. O. Box 1768
Newport Beach, California 92659 -1768
Attn: Mr. Robert Burnhom
Drainage Construction Company, Inc.
1505 Sycamore Avenue
Vista, California 92083
Attn: Gary Thibodo
=4=
•
9
r
IN WITNESS WHEREOF, the undersigned have executed this Settle-
ment Agreement as of the date first identified above.
SIGNATURE PAGE, SETTLEMENT AGREEMENT DATED MARCH _, 1990
CONSISTING OF 7 PAGES, INCLUDING THIS PAGE.
APPROVED AS TO FORM AND CONTENT. CITY OF NEWPORT BEACH
Attorney for
THE CITY OF NEWPORT BEACH
APPROVED AS TO FORM AND CONTENT.
Attorney for
DRAINAGE CONSTRUCTION COMPANY, INC.
(AGMNT 200Jccp a- fj87038- 004Jklm)
- 7 -
BY:
DRAINAGE CONSTRUCTION CO.
BY:
/Z
•
•
CEMENT MORTAR LINING DIVISIONS (International)
In place cleaning and cement mortar lining of water mains
S P I N I E L L O I 2414 East 223rd Street
CONSTRUCTION Long Beach, CA 90810
C0. SINCE szz
CONTRACTORS
ENGINEERS 1 (213) 835 -2111
March 81 1990
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92659
Attn: Mr. Steven J. Luy
Project Manager
Ref: City of Newport Beach, Contract No. 2716, "Storm Drain
Improvement Program" for which bids were received at
11:00 A.M., November 30, 1989.
Gentlemen:
This letter serves to verify our agreement to accept award by
March 26, 1990 and to complete all work in accordance with the
terms and conditions of the above referenced contract at the unit
prices submitted in our November 30, 1989 proposal EXCEPT the
completion date shall be extended from May 25, 1990 to June 15,
1990.
Yours truly,
M. Wayne ardwell
Western egional Manager
MWC /bj
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