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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 Z MZ li I' i Y z 0 w Z W a a H O Z U) W O 0 H O Z U) 2 F�- 0 Oo.211-020- 0 0 7 6 9 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 V