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C-2804(C) - Seismic Retrofit of Lido Isle Bridge and Newport Island Bridge
E 0 0 C: Of WIR � 8 TO: Mayor And Members Of The City Council FROM: Public Works Department March 8, 1999 CITY COUNCIL AGENDA ITEM NO. 9 SUBJECT: SEISMIC RETROFIT OF NEWPORT ISLAND AND LIDO ISLE BRIDGES CONTRACT NO. 2804 - COMPLETION AND ACCEPTANCE 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: On June 8, 1998, the City Council authorized award of the Seismic Retrofit of Lido Isle Bridge and Newport Island Bridge - Contract No. 2804, to Peterson -Chase of Irvine, California. The contract provided for strengthening the Lido Isle and Newport Island bridges to increase their resistance to collapse due to earthquake forces. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost are as follows: Original bid amount: $494,278.50 Actual amount of bid items constructed: 475,038.50 Total amount of change orders: 61,597.18 Deductions: (455.00) Final contract amount: $536,180.68 The actual amount of bid items constructed was less than the original bid amount because no work was performed under Bid Item No. 11. Bid Item No. 11 provided for making shallow concrete repairs at spalled areas on the Newport Island bridge. Inasmuch as the spalled areas were much deeper than anticipated, certain reinforcing steel had to be replaced; accordingly, Bid Item No. 11 could not be used, and the spall repairs were performed as an Extra Work change order. Five change orders were issued on this contract. The first was for $4448.50 to furnish and install structural steel to satisfy as -built conditions on the Lido Isle bridge. The second was for $30,753 to construct a supplemental pile needed because of buried manmade objects at the Lido Isle bridge. The third change order was for $2061 to reposition two piles to clear an existing Lido Isle bridge footing. The fourth was for Subject: Seismic Retrofit Of Newport And Lido Isle Bridges, Contract No. 2804, Completion And Acceptance March 8, 1999 Page 2 $647.47 to sawcut the pavement removals at the Newport Island bridge, and the fifth was for $23,687.21 to perform the spall repairs mentioned above. Loads imposed upon a City street light pole by the Contractor's temporary traffic signal cable and a Lido Isle Community Association banner led to the failure of the pole. The Contractor has been assessed a $455.00 deduction in contract amount to reimburse the City for half of the labor and materials costs to replace the pole. The final construction cost, including change orders and the street light pole deduction, is 8%2% above the original bid amount. Design and construction management was provided by Dokken Engineering. Design, construction and construction management is 100% funded by the Federal Highway Administration and the State of California. Funds for the project were budgeted under Account No. 7251- C5100067, Bridge Retrofit Program. The scheduled completion date was November 13, 1998. Due to the extra work and differing site conditions, the Contractor was granted 31 additional working days. All work was completed on January 14, 1999. Respectfully subqittjpd, �L PUBLIC WORKS DEPARTMENT Don Webb, Director 411 Lloyd OVDalton, Design Engineer f: Vrsersl pbvAshared tcouncihty98.99Vnar- 8Vetrofit c- 2804.doe 0 it 9 1 J DOKKA E N G I N E E R I N G INVOICE BILL TO: BILLING DATE: 4/19/99 City of Newport Beach INVOICE NO: 8311 R Public Works Department 3300 Newport Boulevard PROJECT NO.: 939.50 Newport Beach, CA 92659 -1768 P.O. N6.:, Aften: Lloyd R. Dalton, P.E. Due and oavable uaon Dresentalion Project. Seismic Retrofit of Lido Isle & Newport Island Bridges (C -2804) Construction Support Services from 11/1 /98 through 1/31/99 Direct Labor Registered Engineer (RF) Inspector (GW) Labor Overhead .. Multiplier (I A805) Direct Costs Truck Conputer, etc. 0 SMONday x 10 days Subconsuflants Ninyo & Moore Agra .42 31.00 $1,302.00 346.5 18.50 $6,41025 . Total Direct Labor Cost $7,712.25 Total Labor Overhead $11,417.99 :r rr $8,453.50 $835.00 ✓ Total Subconsultants Costs $9,288.50 Fee Fee Gals) TOTAL AMOUNT DUE: $30.911. Budget $69,277.12 uNOta &58,331.81 C �t uaent 530.91176 a Balance - S19,966.45✓ Project Manager Appr6val TERMS: Net cash won presentation. Pod ore boiancesw2besgectiolnieres t at mentomw prevailing interest rate estad6tsed by low witch wi be cnaged an past dw accounts over 30 days 3914 MURPHY CANYON Row, SUITE A -153 • Sm DIEGO. CA 92123 TEL: 619.514.8377 Fm: 619.514.8608 April 26,1999 CITY OF NEWPORT 11EACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 Peterson -Chase General Engineering Construction, Inc. 1792 Kaiser Avenue Irvine, CA 92614 Subject: Seismic Retrofit of Newport Island and Lido Isle Bridges, C -2804 To Whom It May Concern: On March 8, 1999, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code. The Notice of Completion was recorded by the Orange County Recorder on March 22, 1999, Reference No. 1990208122. The Surety for the contract is Great American Insurance Company, and the bond number is 2651052. Enclosed are the bidders bond, the labor & materials payment bond and the faithful performance bond. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk LH:cf cc: Public Works Department Lloyd Dalton, Design Engineer encl. 3300 Newport Boulevard, Newport Beach April 26,1999 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 Peterson -Chase General Engineering Construction, Inc. 1792 Kaiser Avenue Irvine, CA 92614 Subject: Seismic Retrofit of Newport Island and Lido Isle Bridges, C -2804 To Whom It May Concern: On March 8, 1999, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code. The Notice of Completion was recorded by the Orange County Recorder on March 22, 1999, Reference No. 1990208122. The Surety for the contract is Great American Insurance Company, and the bond number is 2651052. Enclosed are the bidders bond, the labor & materials payment bond and the faithful performance bond. Sincerely, l r /jail, � r� LaVorme M. Harkless, CMC /AAE City Clerk LH:cf cc: Public Works Department Lloyd Dalton, Design Engineer encl. 3300 Newport Boulevard, Newport Beach 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SEISMIC RETROFIT OF LIDO ISLE BRIDGE AND NEWPORT ISLAND BRIDGE CONTRACT NO. 2804 BIDDER'S BOND C -4 BOND# 0284226 PREMIUM -NIL We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the.City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF AMOUNT BID dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of Seismic Retrofit of Lido Isle Bridge and Newport Island Bridge, Contract No. 2804 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to duly enter into and execute the Contract documents for the construction of the project in the form required within ten days (10) (not including Saturday, Sunday, and federal holidays) after the date of the mailing of Notice of Award; otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, f it is agreed that the death of any such Principal shall not exonerate the Surety from its {` obligations under this Bond. Witness our hands this 18TH day of MAY 13 98 . PETERSON -CHASE GENERAL ENGINEERING CONSTRUCTION, INC. B • typri Name of Contractor (Principal) Au zed Signature/T GREAT AMERICAN INSURANCE COMPANY Name of Surety P.O. BOX 5440, ORANGE, CA 92863 -5440 Address of Surety Telephone Authorized Agent Signature DAVID L. CULBERTSON / ATTORNEY -IN -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 SEISMIC RETROFIT OF LIDO ISLE BRIDGE AND NEWPORT ISLAND BRIDGE CONTRACT NO. 2804 BIDDER'S BOND C -4 BOND# 0284226 PREMIUM -NIL We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the .City of Newport Beach, a charter city, in the principal Sum of TEN PERCENT OF AMOUNT BID dollars ($ 102 1, to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of Seismic Retrofit of Lido Isle Bridge and Newport Island Bridge, Contract No. 2804 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to duly enter into and execute the Contract Documents for the construction of the project in the form required within ten days (10) (not including Saturday, Sunday, and federal holidays) after the date of the mailing of Notice of Award: otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 18TH day of MAY . 19 98 . PETERSON -CHASE GENERAL ENGINEERING CONSTRUCTION, INC. Name of Contractor (Principal) GREAT AMERICAN INSURANCE COMPANY Name of Surety P.O. BOX 5440, ORANGE, CA 92863 -5440 Address of Surety Telephone B Aut zed Signature./F' IM, BY: Authorized Agent Signature DAVID L. CULBERTSON / ATTORNEY -IN -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) CALIFORNIA ALL•PURP041E Yy C: State of COAAQktlilc1 ACKNOWLEDGMENT • County of QC� l c On �a ��1�1ggg before me, k2wiiner'1 r1 0c, N0 YhonidCii, 1V�u.r��JID(iC, Date Name and Title of Officer e. ( g., 'Jane Doe, otary Public') f` personally appeared Name(s) of Sgrer(s) personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by KAIHFRINAVONSCHONraDi his /her /their signature(s) on the instrument the person(s), Commssion# 1157109 or the entity upon behalf of which the person(s) acted, NotarRJbk- California ; executed the instrument. Orange County y WITNESS my hand and official seal. �1�J;7�Mt)�LJl.tti �iU✓v V to _�0 SignaN a of Notary Vublic OPTIONAL Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 1 -�, '?-nr\A Document Date: hQ T_, 0 1 nTS Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: - ,,Qx W .'-Amok S ❑ Individual Corporate_ Officer Title(s): X11(0.nt��ec_ crL�1�i iSy�yr_ ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Top of thumb here Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 1995 National Notary Association • 8236 Reni Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 Prod. No. 5907 Reorder. Call Tull -Free 1- 6006766627 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • �ti C State of `/0.��^�0001 \� County of `� Q(Na,e on hA 4 %1�gg8 before me, k2aA)ro n�. V�n�hoc ic4i �1t�1C.ra 17�bGC, Date Name and Title of Officer (e.g..'Jane Doe. Notary personally appeared h\ C_yC 11.E • \[&A 6k 5 ry Name(s) of Signer(s) personally known to me– OR –❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by �* NAVONSCHONFaDr his /her /their signature(s) on the instrument the person(s), iCarruntnionl 1157109 or the entity upon behalf of which the person(s) acted, NotayPubk- Calj(�la � executed the instrument. orange county Kicor- In. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is cot required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document l _ Title or Type of Document: Q Document Date: hQ_� V% \, 1� O Number of Pages: Signer(s) Other Than Named Above: r: Capacity(ies) Claimed by Signer(s) Signer's Name: Nk.k W.,41,APV5 ❑ Individual Corporate Officer Title(s): �tCO rth�i �5t_ ❑ Partner — ❑ Limited ❑'General ❑ Attorney -in -Fact [I Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer Ttle(s): ❑ Partner — ❑ Limited ❑ Attorney -in -Fact ❑ Trustee ❑ General • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 1995 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 Prod. No. 5907 Reorder: Call Tdl-Free 1.800.876 -6827 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 5 -18 -98 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared DAVID L. CULBERTSON personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITWEP my hand and official seal. Lexie Sherwood V Comm. #1148920 NOTARY PUBLIC - CALIFORNIAQ l�f/7TOG( ^ ORANGE COUNTY l l Si a re of Notary Public oa Comm. Exp. July 27. 2001 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OR TYPE OF DOCV►R.2PP NWffiEE OF PAGES 1 MM OF DOCUMEW wl � CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ® ATTORNEY —IN —FACT ❑ TRUSTEE(S) ❑ OTHER: SIGNER IS REPRESENTING: GREAT AMERICAN INSURANCE COMPANY NAME OF PERSON(S) OR ENTITY! S) 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 5 -18 -98 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared known to me to be th, within instrument and same in his authorized instrument the person person acted, executed DAVID L. CULBERTSON personally a person whose name is subscribed to the acknowledged to me that he executed the capacity, and that by his signature on the or the entity upon behalf of which the the instrument. WITNE my hand and official seal. U Lexie Sherwood A ,,In7 Comm. #1148920 NOTAflY PUBLIC - CALIFORNI Q " ORANGE COUNTY l) Sigqa re of Notary Public oa Comm. Exp. July 27. 2001 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OR TYPE OF DOCUMENT Nubfi= OF PAGES 1 ❑ INDIVIDUAL ❑ PARTNER(S) ❑ OTHER: CAPACITY CLAIMED BY SIGNER ❑ CORPORATE OFFICER TITLES) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) SIGNER IS REPRESENTING: GREAT AMERICAN INSURANCE COMPANY NAME OF PERSON(S) OR ENTITY(S) 0 10 CMU ANERICAN INSURANCE COMPANY 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513 - 369 -5000 • FAX 513 - 723 -2740 The number of persons authorized by this power of attorney is not more than No. 0 13630 SIX POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the law's of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney' -in -fact, for it and in its name, place and stead to execute in behalf of the said Company. as surety, any and all bonds. undertakings and contracts of suretyship, or otherwritten obligations in the nature thereof: provided that the liability of the said Company on any such bond. undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. IN WITNESS W HEREOF the GREAT AMERICAN INSURANCE COM PANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 22nd day of June 1995 Attest STATE OF OHIO. COUNTY OF HAMILTON — ss: GREAT AMERICAN INSURANCE COMPANY On this 22nd day of June, 1995 , before me personally appeared GARY T. DUNBAR. to me known. being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the President of the Bond Division of Great American Insurance Company. the Company described in and which executed the above instrument: that he knows the seal: that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is eranted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March I, 1993. RESOL VED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereb % is authorized, from time to time, to appoint one or more Attorneys -fn -Fact to execute on behalf of the Company, as surety. any and all bonds. undertakings and contracts of suretyship. or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority: and to revoke any such appointment at any time. RESOL VED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any, Secretary or Assistant Secretary of the Company, may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond. undertaking, contract orsuret vship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Compam as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Compan%with the same force and effect as though manual!% affixed. CERTIFICATION I. RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of .Attorney and the Resolutions of the Board of Directors of March I, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 18TH day of MAY , 19 98 Name Address Limit of Power DAVID L. CULBERTSON DIANA LASKOWSKI ALL OF ALL LINDA L. CULBERTSON KAREN CHANDLER ANAHEIM, UNLIMITED CHARLES L. FLAKE R.A. COON CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attorney(s) -in -fact named above. IN WITNESS W HEREOF the GREAT AMERICAN INSURANCE COM PANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 22nd day of June 1995 Attest STATE OF OHIO. COUNTY OF HAMILTON — ss: GREAT AMERICAN INSURANCE COMPANY On this 22nd day of June, 1995 , before me personally appeared GARY T. DUNBAR. to me known. being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the President of the Bond Division of Great American Insurance Company. the Company described in and which executed the above instrument: that he knows the seal: that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is eranted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March I, 1993. RESOL VED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereb % is authorized, from time to time, to appoint one or more Attorneys -fn -Fact to execute on behalf of the Company, as surety. any and all bonds. undertakings and contracts of suretyship. or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority: and to revoke any such appointment at any time. RESOL VED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any, Secretary or Assistant Secretary of the Company, may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond. undertaking, contract orsuret vship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Compam as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Compan%with the same force and effect as though manual!% affixed. CERTIFICATION I. RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of .Attorney and the Resolutions of the Board of Directors of March I, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 18TH day of MAY , 19 98 9 0 GWM ANER1CAN INSURANCE COMPANY 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513 - 369 -5000 • FAX 513 - 723 -2740 The number of persons authorized by this power of attorney is not more than No. 0 13630 SIx POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company. as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof: provided that the liability of the said Company on any such bond. undertakine or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power DAVID L. CULBERTSON DIANA LASKOWSKI ALL OF ALL LINDA L. CULBERTSON KAREN CHANDLER ANAHEIM, UNLIMITED CHARLES L. FLAKE R.A. COON CALIFORNIA This Power of .Attorney revokes all previous powers issued in behalf of the attorney(s) -in -fact named above. IN W ITNESS W HEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 22nd day of June + 1995 Attes: GREAT .AMERICAN INSURANCE COMPANY STATE OF OHIO. COUNTY OF HAMILTON — ss: On this 22nd day of June, 1995 , before me personally appeared GARY T. DUNBAR. to me known, beine duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument: that he knows the seal: that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of .Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1991 RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereb v is a uthorized, from time to time. to appoint one or more Attorneys-In-Fact to execute on behalf of the Company, as surety, arty and all bonds, undertakings and contracts of suretvship, or other written obligations in the nature thereof: to prescribe their respective duties and the respective limits of their authority: and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to anv power of attorney or certificate of either given for the execution of anv bond, undertak ing, contract or s uret vship. or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature ofsuch officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I. RONALD C. HAYES. Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of .Attorney and the Resolutions of the Board of Directors of March 1. 1993 have not been revoked and are now in full force and effect. Signed and sealed this 18TH day of MAY 19 98 EXECUTED IN FOUR COUNTOARTS • C -15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SEISMIC RETROFIT OF LIDO ISLE BRIDGE AND NEWPORT ISLAND BRIDGE CONTRACT NO. 2804 BOND NO. 2651052 PREMIUM: INCLUDED IN PERFORMANCE BOND LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Peterson -Chase General Engineering Construction, Inc. hereinafter designated as the "Principal," a contract for Seismic Retrofit of Lido Isle Bridge and Newport Island Bridge, Contract No. 2804 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 2804 and the terns thereof require the fumishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, GREAT AMERICAN INSURANCE COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum ** Dollars ($494.278.50 ), lawful money of the United States of America, said' sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum speed in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. ** FOUR HUNDRED NINETY -FOUR THOUSAND TWO HUNDRED SEVENTY -EIGHT DOLLARS AND FIFTY CENTS. EXECUTED IN FOUR COUNTLOARTS • C -15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SEISMIC RETROFIT OF LIDO ISLE BRIDGE AND NEWPORT ISLAND BRIDGE CONTRACT NO. 2804 BOND NO. 2651052 PREMIUM: INCLUDED IN PERFORMANCE BOND LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Peterson -Chase General Engineering Construction, Inc. hereinafter designated as the "Principal," a contract for Seismic Retrofit of Lido Isle Bridge and Newport Island Bridge, Contract No. 2804 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 2804 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, GREAT AMERICAN INSURANCE COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum ** Dollars ($494.278.50 ), lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the temis of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. 1. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this 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. ** FOUR HUNDRED NINETY -FOUR THOUSAND TWO HUNDRED SEVENTY -EIGHT DOLLARS AND FIFTY CENTS. 0 C -1s The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder 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 above named Principal and Surety, on the 24TH day of .TUNE '1998. PETERSON -CHASE GENERAL ENGINEERING CONSTRUCTION, INC. Name of Contractor (Principal) GREAT AMERICAN INSURANCE COMPANY Name of Surety P.O. BOX 5440, ORANGE, CA 92863 -5440 Address of Surety (714) 740 -2400 Telephone BY: / uthor' d/ Signaturee BY: Authorized Agent Signature DAVID L. CULBERTSON /-ATTORNEY-IN-FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED • • C -1s The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder 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 above named Principal and Surety, on the 24TH day of JUNE 1998. PETERSON -CHASE GENERAL ENGINEERING CONSTRUCTION, INC. Name of Contractor (Principal) GREAT AMERICAN INSURANCE COMPANY Name of Surety P.O. BOX 5440, ORANGE, CA 92863 -5440 Address of Surety (714) 740 -2400 Telephone uthor' d Signaturefpe BY: i4':: C .t'.( 4; m Authorized Agent Signature DAVID L. CULBERTSON / ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED CALIFORNIA ALL•PURPOlk ACKNOWLEDGMENT • State of CUAG ((ll Q -S County of On s vu Zit before me, ofW �UJ\.�iN01' 61 \`�83�C�1 �,b t < '} Dale Name and Title of Officer le.g.. -Jane Doe. Notary Public') hpersonally appeared � jy Namejs) of Signers) Ylpersonally known to me – OR – ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her/their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), KATHER:NA VON SCHONFELDT or the entity upon behalf of which the person(s) acted, Commission a 1157109 executed the instrument. ^.� Noiory PUCAC - C0140117i0 g ' 7 `•rte-- Orange County 5 My Comm ExprcesSep2e 2o0t WITNESS my hand and official seal. la s, 'V _ Signaty '01 Notary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: )C kb LA I\* \ \L1 %US.) LL�4VIli LA vl lu Document Date: �j, a Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: lu W•Av--k) Individual Corporate $C�ffic r Title(s): \1 - - . �Pri+�(C'If ❑ Partner — ImL ited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Top of thumb here Signer Is Representing: Signer's Name: ■ I Individual Corporate Officer Title(s): Partner —❑ Limited Attorney -in -Fact Trustee ❑ General Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER i r F.. 0 1995 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Pellc, CA 913097194 Prod. No. 5907 Riordan. Call TelbFree 1-800.878-6827 CALIFORNIA ALL•PURPINE ACKNOWLEDGMENT • <C.: �. -::: �.._. ti'.ti.< : c•.: S: t- c.- ti' c. �:ti- 5. �., C' .t^c.:G�c.;G<:ac_��_�'Si(:r._c, .c.�.:c�.:.c —c: t—c •�; :G<i.C<..C<�G<= nlc%v�c i^cn'n_�:.G_(iC�c',GC State of �C1 \L�oc ill Q County of Uc.,A m On vu �L�A before me, &A Wl 6 \�G,4 } Date 1� Name and Title of Officer (e.g., -Jaoe Doe, Notary Public) personally appeared Namels)of Signers) personally known to me – OR – El proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her/their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), KATHER..NA VON SCHONFELDT or the entity upon behalf of which the person(s) acted, 1 Commission# 1157109 executed the instrument. ai Notary Public - Califomi0 Orange County My Comm. Expires Sep28.2001 WITNESS my hand and official seal. ' S'gna�of NOtar OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: VAXW UNli \ \LM QS) j "A ,3 FLU Document Date: , , \y,a Zq, aqj Number of Pages: 2_ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Individual Corporate : gffic Title(s)— •.,� C.nrrd --s CC ❑ Partne❑L mlte ❑General ❑ Attorney -in -Fact ❑ Trustee Cl Guardian or Conservator ❑ Other: Top of thumb here Signer Is Representing: Signer's Name: ❑ Individual Cl Corporate Officer Title(s): ❑ Cl Partner — ❑ Limited General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 1995 National Notary Association • 0236 Rammed Ave.. PO. Box 7184 • Canoga Park, CA 91309.7189 Prod. No. 5807 Reorder. Call Toll-Fmia 14800.878.8827 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 6 -24 -98 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared known to me to be th within instrument and same in his authorized instrument the person person acted, executed DAVID L. CUL13ERTSON personally person whose name is subscribed to the acknowledged to me that he executed the capacity, and that by his signature on the or the entity upon behalf of which the the instrument. WITNESS my hand and official seal. y�' Wnco Lexi e Sherwood ; /l /..f t. . Comm.#1148920 n�1 F �% TARY PUBLIC - CALIFORNIAW Sigzrdtt of NreT tary Public ommRExpEJuul 27 toot OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT PAYMENT BOND TITZE OR TYPE OF DOC MEW NUA9311IR OF PAGES 2 DATE, OF DOCUIEWr 6 -24 -98 CAPACITY CLA2749D BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER: SIGNER IS REPRESENTING: GREAT AMERICAN INSURANCE COMPANY NAME OF PERSON(S) OR ENTITY(S) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE on 6 -24 -98 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared known to me to be th within instrument and same in his authorized instrument the person person acted, executed DAVID L. CULBERTSON personally a person whose name is subscribed to the acknowledged to me that he executed the capacity, and that by his signature on the or the entity upon behalf of which the the instrument. WITNESS my hand and official seal. Lexie Sherwood COMM. #1148920 //11 :NOTARY PUBLICCALIFORNIAy' Sigir� of Notary ORANGE COUNTY () COMM Exp. Jury 27. 2001 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT PAYMENT BOND TZTLE OR TYPE OF DOCMEWT 11131m am OF PAGES 2 DA?E OF DOCUJGMT 6 -24 -98 CAPACITY CLAn1JED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER T I TLE(S) ❑ PARTNER(S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER: SIGNER IS REPRESENTING: GREAT AMERICAN INSURANCE COMPANY NAME OF PERSONS) OR ENTITY(S) 0 0 Gt M AIVERICAN INSURANCE COMPANY 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513- 369 -5000 • FAX 513 - 723 -2740 The number of persons authorized by this power of attorney is not more than No. 0 13630 SIX POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power DAVID L. CULBERTSON DIANA LASKOWSKI ALL OF ALL LINDA L. CULBERTSON KAREN CHANDLER ANAHEIM, UNLIMITED CHARLES L. FLAKE R.A. COON CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attorney(s) -in -fact named above IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COM P.ANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 22nd day of June 1 1995 Attest SIAI-E OF OHIO, COUNTY OF HAMILTON — ss: GREAT AMERICAN INSURANCE COMPANY On this 22nd day of June, 1995 , before me personally appeared GARY T. DUNBAR, to me known, being dulysworn, deposes and says that he resided in Cincinnati, Ohio, that he is the President of the Bond Division of Great American Insurance Company. the Company described in and which executed the above instrument: that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March I, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, orany one ofthem, be and herehv is authorized, from time to time, to appoint one or more Attornevs -In -Fact to execute on behalf of the Company, as surety, anvand all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereol; to prescribe their respective duties and the respective limits of their authority: and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant .Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond. undertaking, contract or s uretyship, or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature ofsuch officer and the original seal of the Company, to be valid and binding upon the Company with the .came force and effect as though manually affixed. CERTIFICATION 1, RONALD C. HAYES. Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March I. 1993 have not been revoked and are now in full force and effect. Signed and scaled this 24TH day of JUNE 19 98 E GWMAMERICAN INSURANCE COMPANY 580 WALNUT STREET* CINCINNATI, OHIO 45202 • 513- 369 -5000 • FAX 513- 723 -2740 The number of persons authorized by this power of attorney is not more than No. 0 13630 SIX POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power DAVID L. CULBERTSON DIANA LASKOWSKI ALL OF ALL LINDA L. CULBERTSON KAREN CHANDLER ANAHEIM, UNLIMITED CHARLES L. FLAKE R.A. COON CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the atiorney(s) -in -fact named above. IN W ITN ESS W H ER EOF the OR EAT AM ER ICAN INSU RANCE COM PAN Y has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 22nd day of June 1 1995 Attest STATE OF OHIO. COUNTY OF HAMILTON ... ss: GREAT AMERICAN INSURANCE COMPANY On this 22nd day of June, 1995 . before me personally appeared GARY T. DUNBAR, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March I, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one ofthem, be and herebv is authorized, from time to time, to appoint one or more Attorneys -1 n -Fact to execute on behalf of the Company, as surety, an v and all bonds, undertakings and contracts ofsuretvship, or other written obligations in the nature thereoli to prescribe their respective duties and the respective limits of their authority: and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature ofany of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by lacsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract orsuretyship, or other written obligation in the nature thereof, such s i_ma(ure and seal when so used being hereby adopted by the Company as the original signature ofsuch officer and the original.seal of the Companv. to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION 1, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March I, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 24TH day of JUNE 19 98 ___ i • EXECUTED IN FOUR COUNTERPARTS C -17 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SEISMIC RETROFIT OF LIDO ISLE BRIDGE AND NEWPORT ISLAND BRIDGE CONTRACT NO. 2804 BOND NO. 2651052 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 5,042.00 being at the rate of $ 10.20 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Peterson -Chase General Engineering Construction, Inc., hereinafter designated as the "Principal ", a contract for Seismic Retrofit of Lido Isle Bridge and Newport Island Bridge, Contract No. 2804 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 2804 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and GREAT AMERICAN INSURANCE COMPANY , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport Beach, in the sum of ** Dollars ($494, 278. SO j lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, fimnly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. ** FOUR HUNDRED NINETY -FOUR THOUSAND TWO HUNDRED SEVENTY -EIGHT DOLLARS AND FIFTY CENTS. 9 0 EXECUTED IN FOUR COUNTERPARTS C -17 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SEISMIC RETROFIT OF LIDO ISLE BRIDGE AND NEWPORT ISLAND BRIDGE CONTRACT NO. 2804 BOND NO. 2651052 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 5,042.00 being at the rate of $ 10.20 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Peterson -Chase General Engineering Construction, Inc., hereinafter designated as the "Principal ", a contract for Seismic Retrofit of Lido Isle Bridge and Newport Island Bridge, Contract No. 2804 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 2804 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and GREAT AMERICAN INSURANCE COMPANY , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport Beach, in the sum of ** Dollars ($'+94,278.50, lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all' the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. ** FOUR HUNDRED NINETY -FOUR THOUSAND TWO HUNDRED SEVENTY -EIGHT DOLLARS AND FIFTY CENTS. 0 0 C -18 Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for six (6) months following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 24TH day of .TUNE 1998. PETERSON -CHASE GENERAL ENGINEERING CONSTRUCTION INC. BY: �✓ c�e�Itaes Name of Contractor (Principal) o ' d Signatur GREAT AMERICAN INSURANCE COMPANY Name of Surety P.O. BOX 5440, ORANGE, CA 92863 -5440 Address of Surety (714) 740 -2400 Telephone BY:C - -' l_LtiC�YI Authorized Agent Signature DAVID L. CULBERTSON / ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 0 0 C -18 Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for six (6) months following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 24TH day of JUNE 1998. PETERSON -CHASE GENERAL / ENGINEERING CONSTRUCTION, INC. BY:4 N Name of Contractor (Principal) o ' d Signatur GREAT AMERICAN INSURANCE COMPANY Name of Surety P.O. BOX 5440, ORANGE, CA 92863 -5440 Address of Surety (714) 740 -2400 Telephone BY'T::- C L Authorized Agent Signature DAVID L. CULBERTSON / ATTORNEY -IN -PACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED CALIFORNIA ALL- PURPRE ACKNOWLEDGMENT • State of C all,l ((1\ Cl County of On��UnR beforeme, k�Lkkh2c�c�V�n XX1oc t��t�Q�N��JU� C , Date .` Name and Title of Officer (e.g., 'Jane Doe, Notary Pub ic ) personally appeared or cigner(s) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by KATHERcNA VONSCHONF9.DT his /her /their signature(s) on the instrument the person(s), Commission # 1157109 or the entity upon behalf of which the person(s) acted, ,� Notary Public - California ; executed the instrument. Orange County MyCamm. Fxpires Sep 28,2001 WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: U .IA q 0 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: � .i.S I Signer's Name: ❑ Individual $S; Corporate Off ic' � - 1 `_ Title(s): �(t(g NCC51dP>\t, Rt -1�(fG ❑ Partner — ❑Limited ❑General ❑ Attorney -in -Fact • Trustee • Guardian or Conservator Other: Top of thumb here Signer Is Representing: �1l�etltu �y�'441t, — U - - -� ❑ Individual ❑ Corporate Officer r- Title(s): 0 Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 1995 National Notary Association , 8236 Rommel Ave., P.O. Box 7184 , Canoga Park, CA 913094180 Prod. No. 5907 Reorder: Call Tolli 1. 80878.8827 CALIFORNIA ALL- PURPRE ACKNOWLEDGMENT • State of \ wku t cl County of U n na.,& On before me, 1YJ[t1f eC sMti V �n .XYIOCtIiW�t�ON r�� C , Oat. - Name and Title of Officer (e.g.. 'Jane Doe. Notary Pubic') personally appeared `personally known to me – OR – ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by KATHERINA VON SCHONFELDT his /her /their signature(s) on the instrument the person(s), Commission# 1157109 or the entity upon behalf of which the person(s) acted, z Notary = executed the instrument. Orange county My Comm. Exom Sep 28, M01 WITNESS my hand and official seal. —F Signature of Rotary Public ' OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: D�Z�,a y Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: �1– & �.�D S I Signer's Name: Individual Corporate Officl � z St /r Title(s): i�tdPt��� CGMTCfG 0 Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator Other: Top of thumb here Signer Is Representing: �n��neetU j ❑ Cl CI ❑ ❑ El Individual Corporate Officer Title(s): Partner — ❑ Limited C] General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing RIGHT THOM BPRINT OF SIGNER 0 1995 National Notary Assccieticn - 8236 Remmet Ave., P.O. Box 7164 • Canoga Park, CA 91309.7184 Prod. No. 5907 Reorder. Call Toll -Free 1- 800.878.8a27 • • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE 017 6 -24 -98 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared known to me to be th, within instrument and same in his authorized instrument the person person acted, executed DAVID L. CULBERTSON personally a person whose name is subscribed to the acknowledged to me that he executed the capacity, and that by his signature on the or the entity upon behalf of which the the instrument. WITNESS my hand and official seal. Lexie Sherwood !�G Vii/ GCi7it Comm. x1148920 n�1 ign re o A tart' Pub11c cQ OTARY PUBLIC CAIIFORNtAyI ORANGE COUNTY Comm EV Ju(y27, PDOt OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT PERFORMANCE BOND TITLE OR TYPE OF DOCUMMU NUMBER OF PJWNS 2 nA= OF DOCaMENrr 6 -24 -98 CAPACITY CLAIIrWD BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER: SIGNER IS REPRESENTING: GREAT AMERICAN INSURANCE COMPANY NAME OF PERSON(S) OR ENTITY(S) 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 6 -24 -98 before me, personally appeared known to me to be th within instrument and same in his authorized instrument the person person acted, executed LEXIE SHERWOOD - NOTARY PUBLIC DAVID L. CULBERTSON personally a person whose name is subscribed to the acknowledged to me that he executed the capacity, and that by his signature on the or the entity upon behalf of which the the instrument. WITNESS my hand and official seal. Lexie Sher w00 ign re of N6tary Public (a Comm. A111gg9Z0 RN1AC) ,,11 c TARY PUBLIC CALIFQ I ` ORAMGECOUNTY Q Comm. Exp. July 27 Y001 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT PERFORMANCE BOND TITLE OR TYPE OF DocublE T EOSmER OF PAGES 2 nP= OF DOCUMEW 6 -24 -98 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER: SIGNER IS REPRESENTING: GREAT AMERICAN INSURANCE COMPANY NAME OF PERSON(S) OR ENTITY(S) 6 RECORDING REQIR9-PE6 SY Wb WHEN RECORDED RETURN TO: City Clerk *99 APR -6 A 9 :29 City of Newport Beach 3300 Newport B THE CITY CLERK Newport Beach, _WFORT !EACH 0 Recorded in the county of orange, california Gary L. Granville, Clerk /Recorder 11111111111111111111111 No Fee Oes 11012337 „9090208122 1:55pm 03/22/99 N12 1 6.00 0.00 0.00 0.00 0.00 0.00 " xempt from recording ees pursuant to Govemment Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Peterson -Chase of Irvine, California, as Contractor, entered into a Contract on June 8, 1998. Said Contract set forth certain improvements, as follows: Seismic Retrofit of Newport Island and Lido Isle Bridges, C -2804 Work on said Contract was completed on January 14, 1999, and was found to be acceptable on March 8, 1999, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Great American Insurance Company. BY 4A dw Public o s Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on %/D i I �l °i e1 at Newport Beach, California. BY (� irnm t 1 /�lc r t2� °m New City Clerk �'�i. I,(t C� IMF CITY OF NEWPORT BEACH March 10, 1999 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for Seismic Retrofit of Newport Island and Lido Island Bridges (C -2804) Notice of Completion for Balboa Island Bayfront Repairs (C -3166) Please record the enclosed documents and return to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk Attachments 3300 Newport Boulevard, Newport Beach RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Peterson -Chase of Irvine, California, as Contractor, entered into a Contract on June 8, 1998. Said Contract set forth certain improvements, as follows: Seismic Retrofit of Newport Island and Lido Isle Bridges, C -2804 Work on said Contract was completed on January 14, 1999, and was found to be acceptable on March 8, 1999, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Great American Insurance Company. BY Public ors Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on' I -M a4-6b /01, I ql ri r/ at Newport Beach, California. BY 4U 6n11-& -M. NEw City Clerk �h 0 Ll C. i t March 8, 1999 CITY COUNCIL AGENDA APPROVED_ _ i ITEM NO. 9 TO: Mayor And Members Of The City Council FROM: Public Works Department SUBJECT: SEISMIC RETROFIT OF NEWPORT ISLAND AND LIDO ISLE BRIDGES CONTRACT NO. 2804 - COMPLETION AND ACCEPTANCE 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: On June 8, 1998, the City Council authorized award of the Seismic Retrofit of Lido Isle Bridge and Newport Island Bridge - Contract No. 2804, to Peterson -Chase of Irvine, California. The contract provided for strengthening the Lido Isle and Newport Island bridges to increase their resistance to collapse due to earthquake forces. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost are as follows: Original bid amount: $494,278.50 Actual amount of bid items constructed: 475,038.50 Total amount of change orders: 61,597.18 Deductions: (455.00) Final contract amount: $536,180.68 The actual amount of bid items constructed was less than the original bid amount because no work was performed under Bid Item No. 11. Bid Item No. 11 provided for making shallow concrete repairs at spalled areas on the Newport Island bridge. Inasmuch as the spalled areas were much deeper than anticipated, certain reinforcing steel had to be replaced; accordingly, Bid Item No. 11 could not be used, and the spall repairs were performed as an Extra Work change order. Five change orders were issued on this contract. The first was for $4448.50 to furnish . and install structural steel to satisfy as -built conditions on the Lido Isle bridge. The second was for $30,753 to construct a supplemental pile needed because of buried manmade objects at the Lido Isle bridge. The third change order was for $2061 to reposition two piles to clear an existing Lido Isle bridge footing. The fourth was for • Subject: Seismic Retrofit Of Newport And Lido Isle Bridges, contract No. 2804, Completion And Acceptance March 8, 1999 Page 2 $647.47 to sawcut the pavement removals at the Newport Island bridge, and the fifth • was for $23,687.21 to perform the spall repairs mentioned above. Loads imposed upon a City street light pole by the Contractor's temporary traffic signal cable and a Lido Isle Community Association banner led to the failure of the pole. The Contractor has been assessed a $455.00 deduction in contract amount to reimburse the City for half of the labor and materials costs to replace the pole. The final construction cost, including change orders and the street light pole deduction, is 8'/2% above the original bid amount. Design and construction management was provided by Dokken Engineering. Design, construction and construction management is 100% funded by the Federal Highway Administration and the State of California. Funds for the project were budgeted under Account No. 7251- C5100067, Bridge Retrofit Program. The scheduled completion date was November 13, 1998. Due to the extra work and differing site conditions, the Contractor was granted 31 additional working days. All work was completed on January 14, 1999. Respectfully sub itt d QI'm1 PUBLIC WORKS DEPARTMENT Don Webb, Director • • 6VDalton, Design 1:\ users \pbw\shared \council\fy98 -99 \mar -8 \retrofit c- 2804.doc • t U4 Clerk NOTICE INVITING BIDS Sealed bids may be received at'the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915 until 11:00 a.m. on the 27th day of May , 1998 at which time such bids shall be opened and read for SEISMIC RETROFIT OF LIDO ISLE BRIDGE AND NEWPORT ISLAND BRIDGE Title of Project Contract No. 2804 $700,000 Engineer's Estimate STPLZ - 5151(004) Approved by (Z) Don Webb Public Works Director Prospective bidders may purchase bid documents for $50.00 per set at the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92658 -8915. Please refer questions concerning the plans and specifications to Mr. Richard Liptak of Dokken Engineering at (619) 514 -8377 ...s c+ C -2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SEISMIC RETROFIT OF LIDO ISLE BRIDGE AND NEWPORT ISLAND BRIDGE CONTRACT NO. 2804 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT PROPOSAL 2. 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. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. 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. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 0 0 C -4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SEISMIC RETROFIT OF LIDO ISLE BRIDGE AND NEWPORT ISLAND BRIDGE CONTRACT NO. 2804 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of dollars ($ ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of Seismic Retrofit of Lido Isle Bridge and Newport Island Bridge, Contract No. 2804 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to duly enter into and execute the Contract Documents for the construction of the project in the form required within ten days (10) (not including Saturday, Sunday, and federal holidays) after the date of the mailing of Notice of Award; otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this day of '19—. Name of Contractor (Principal) Name of Surety Address of Surety Telephone Authorized Signature/Title Authorized Agent Signature Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) C -3 8. 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). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. 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. The signature below represents that the above has been reviewed. la \Sn —l(0, P%"&kb cC -n Contractor's License No. & Classification -kkersor%- Chose Genecoa Enq�neeC,cw� C��1�icac� ;o,�1r>c Bidder L✓l/ den1 t��h I��S.xz� Aut zed Signature/Title CAa,A 1-11 \A a % Date 0 0 C -s CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SEISMIC RETROFIT OF LIDO ISLE BRIDGE AND NEWPORT ISLAND BRIDGE CONTRACT NO. 2804 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he /she has performed and successfully completed. Year Project Person Telephone Completed Name /Aoency To Contact Number a ', � x.05 0Q, -"S Q- k� S�SZ 54MISCk*a �(ar \ —l' �Y VIP CAS �G\c<fl'( A) � 1 k� Bidder`s \��. 1 Aut ize Signaturelf' S��� k �� 0 0 C -5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SEISMIC RETROFIT OF LIDO ISLE BRIDGE AND NEWPORT ISLAND BRIDGE CONTRACT NO. 2804 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any moneys to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Subcontract Work 1. Subcontractor Address 2, ky lWi '�L me � � �-- aµ'f c[� 3. 0 6i 6. 7. 8. 9. 10. \ Bidder � N ,pn� \n�, Auth zed 8ignaturer � � CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SEISMIC RETROFIT OF LIDO ISLE BRIDGE AND NEWPORT ISLAND BRIDGE CONTRACT NO. 2804 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of y(ckmk Ca being first duly sworn, deposes and says that he or she is %U of party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. � 50� �f CuSe QmC eroA 6k,'meal84 Bidder C�nniclpn��aT Subscribed and sworn to before me this T1 day of hn4 19Q�6. [SEAL] Notary Public sw oz IUIHERNAV7 NSCHONEELD Commission 8 1157109 My Commission Expires:SecA. 24i�2C0\ r Puo c Cafilamia i orange County 1 wcomm.Expires5eP28,211 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SEISMIC RETROFIT OF LIDO ISLE BRIDGE & NEWPORT ISLAND BRIDGE CITY CONTRACT C -2804 PROPOSAL TO THE HONORABLE CITY City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 -3884 Gentleman: The undersigned declares that he /she has can instructions to Bidders, has examined the Plans all materials and do all the work required to cqf Plans and Special Provisions, and will take 11 complete in place, to with: ry examined the location of the work, has read the Special Provisions, and hereby proposes to furnish e City Contract No. C -2804 in accordance with the Nnt therefore the following unit price for the work, ITEM ITEM UNITS E IMATED UNIT PRICE ITEM TOTAL NO. OF Q NTITY (IN FIGURES) (IN FIGURES) MEASURE M M 1 TRAFFIC CONTROL STEM LS LUM UM LUMP SUM 2 BRIDGE REMOVA� LS LUMP S0111 LUMP SUM (PORTION) 3 STRUCTURE EXCAVATION CY 258 (F) (BRIDGE) 4 STRUCTURE BACKFILL CY 50 (F) (BRIDGE) 5 ASPHALT CONCRETE TON 21 (TYPE A) 6 ",( -DRII LED -HOLE LF 509 (S) CONCRETE.P 7 STRUCTURE CON CY 137 (F) , BRIDGE,° - " qw' 0 0 rQ CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SEISMIC RETROFIT OF LIDO ISLE BRIDGE AND NEWPORT ISLAND BRIDGE CONTRACT NO. 2804 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of receipt Notice of Award to the successful bidder: • CONTRACT • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND • CERTIFICATE(S) OF INSURANCE • GENERAL LIABILITY INSURANCE ENDORSEMENT • AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT 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. The Labor and Materials Payment Bond and Faithful Performance 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. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 0 9 C -9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SEISMIC RETROFIT OF LIDO ISLE BRIDGE AND NEWPORT ISLAND BRIDGE CONTRACT NO. 2804 CONTRACT THIS AGREEMENT, entered into this 8th day of June, 1998, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Peterson -Chase General Engineering Construction, Inc., hereinafter "Contractor," is made with reference to the following facts: A. WHEREAS, City has advertised for bids for the following described public work: SEISMIC RETROFIT OF LIDO ISLE BRIDGE AND NEWPORT ISLAND BRIDGE Project Description 2804 Contract No. B. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Plans and Standard Special Provisions, Plans and Special Provisions for Contract No. 2804, Standard Specifications for Public Works Construction (current edition) and all supplements and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: C -10 All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of four hundred ninety four thousand two hundred seventy eight and 50/100 Dollars ($494,278.50) This compensation includes: (a) Any loss or damage arising from the nature of the work, (b) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (c) 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. 4. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. 5. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Lloyd Dalton (949) 644 -3328 Peterson -Chase General Engr. Construction, Inc. 1792 Kaiser Avenue Irvine, CA 92614 (949) 252 -0441 6. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' -:..o 0 0 C -11 Compensation or undertake self- insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 7. INSURANCE (a) Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. (b) Contractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (c) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0001 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. 2. Insurance Services Office Business Auto Coverage form number CA 0001 0187 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. 3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. B. Minimum Limits of Insurance Coverage limits shall be no less than: General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate 0 C -12 limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability, C. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages (a) City, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. (b) Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, officials, employees and volunteers. (d) Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (e) The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. . P 0 C -13 2. Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for City. 3. All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. E. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. F. Right to Stop Work for Non - Compliance City shall have the right to offer the Contractor to stop Work under this Agreement and /or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. 8. RESPONSIBILITY FOR DAMAGES OR INJURY A. City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. B. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. C. Contractor shad indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, 0 C -1a (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole or active negligence or willful misconduct of City, its officers or employees. D. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. E. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in "C" above. F. The rights and obligations set forth in this Article shall survive the termination of this Contract. 9. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 10. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 11. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the and year first written above. I ATTEST: CITY CLERK p • t , • B a � have caused this contract to be executed the day CITY OF �l ?CH A Munici a / M Mayor CONTRACTOR Authori Signature and Title -lr�� 0 0 ACORD„ (A RTf FICATE OF IN.SUilQ1Y ct DATE IMM /DONYI -: _.. Li/"{BE{�iT 6/24/98 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PRODUCER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE AON Risk Services, Inc. of HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Southern California ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE 695 Town Center Dr., Ste.500 COMPANY Costa Mesa, CA 92626 I 714 -641 -8355 A Specialty Ins Co INSURED _Connecticut COMPANY Peterson /Chase General B Fire & Casualty Ins Co of Con COMPANY Engineering Construction, Inc. 1792 Raiser Avenue C COMPANY - -- -- Irvine, CA 92714 D CalComp Insurance COVERAGES THIS IS TO CERTIFY THAT THE 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 CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ CO I TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE IMM /DDNY) DATE (MMIDDNY) GENERAL LIABILITY I GENERAL AGGREGATE 5 2,000,000 PRODUCTS - COMPIOP AGG $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY ASR001066 1/01/98 1/01/99 j CLAIMS MADE ❑ OCCUR j PERSONAL & AOV INJURY 5 1,000,000 EACH OCCURRENCE 4 1,000,000 • OWNER'S& CONTRACTOR'S PROT FIRE DAMAGE (Any one tire) $ 50,000 • Contractual, XCU MED EXP (Any one person) S X j Broad Form PD I AUTOMOBILE LIABILITY B 1 X ANY AUTO ASR001067 1 /98 1/01/99 COMBINED SINGLE LIMIT $ 1, 000, 0.00 BO W& INJU $ ALL OWNED AUTOS APPRO uSCHEDULED AUTOS Y URY - �NSUMNCI X HIRED AUTOS j X NON OWNED AUTOS nt S MANAG R PROPERTY DA GE S GARAGE LIABILITY AUTO EA ACCIDENT 4 OTHER THAN AUTO ONLY ANY AUTO EACH ACCIDENT _ 5 I I - AGGREGATE 5 EXCESS LIABILITY EACH OCCURRENCE s UMBRELLA FORM AGGREGATE S 5 OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND ! X I TWOCRYSTAT LIMITS OER - - .D IEMPLOYERS'UABILITY W981169014 1/01/98 1/01/99 EL EACH ACCIDENT S 1,000,000 EL DISEASE - POLICY LIMIT 5 1,000,000 •I THE PROPRIETOR/ X .INCL PA RTNERS /EXECUTIVE . OFFICERS ARE' EXCL EL DISEASE - EA EMPLOYEE $ 1,000,000 OTHER I I I DESCRIPTION OF OPERATIONS /LOCATIONSNENICLES /SPECIAL ITEMS Re: Seismic Retrofit of Lido Island & Newport Island, Newport Beach, CA - Lido Isle & Newport Island Bridges, 2804/282 Endorsement MLI904 (2 -96) Attached CERTlF)C,gTE HOLDER , ,. , , CANCELLATION - f , SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Newport Beach EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Public Works Department 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE CO ANY ITS G OR REPRESENTATNES. AUTHORMED REPRESENTA 699850000 [....,........:., xx:.. c...:<.:,,...._,„,..,...,..., xx<.. x<., x_:..::.:...:.,,<..... a-.,....,. .a.. «.r.:ox. <nxa.z.;>: <:::xx.<n . JtGt11� •�`.�'Ai3...., ., axc^ a.. ?::., y:�wx:�:<.s:E•n w,��< z.:"R�: m _ .���'�°- ..::�iae .: ,... ... .... � 8 POLICY NUMBER: • COMMERCIAL GE RAL LIABILITY NAMED INSURED: Peterson/Chase General Engineering Construction, Inc. THIS ENDORSEMENT CHANGES THE POLICY. READ IT CAREFULLY. ADDITIONAL INSURED - OWNER, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization you have agreed to add to this policy as an additional insured but only with respect to liability arising out of your ongoing operations for that additional insured and subject to the following: 1, You have agreed in a written contract to add that person or organization as an additional insured to your liability insurance policy; 2. A certificate of insurance has been issued by us showing the person or organization as an additional insured; 3. This endorsement will not take effect for the benefit of any additional insured unless the preceding occurs prior to loss and during the policy period and 4. The coverage provided the additional insured is the lesser of the following: a. The terms, conditional and limits of the policy; or b. The contract requirements. B. Paragraph 4. Other Insurance of COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV) is amended by the addition of the following: The coverage provided the additional insured is primary and any liability insurance policy where the additional insured is a named insured will be considered excess insurance. For any damages covered by this policy, we will not seek contribution from the preceding described excess insurance for our named insured's liability imputed to this additional insured. This paragraph B. does not apply unless we have issued a certificate of insurance showing that our policy is primary and the additional insured's policy is not contributory. NAME OF PERSON OR ORGANIZATION: City of Newport Beach, its officers, officials, employees and volunteers Re: Seismic Retrofit of Lido Island & Newport Island Bridges, Newport Beach, CA - Lido Isle & Newport Island Bridges, 2804 /282 SURUCE APPRO MLI 904 02 96 ti AD K MANAGER Ncmnwfs1 %vol Itp&cl\shantendors \riveAmli964 -l.doc CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SEISMIC RETROFIT OF LIDO ISLE BRIDGE & NEWPORT ISLAND BRIDGE CITY CONTRACT C -2804 REVISED PROPOSAL TO THE HONORABLE C]TY COUNCIL City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 -3884 Gentleman: The undersigned declares that he/she 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 City Contract No. C -2804 in accordance with the Plans and Special Provisions, and will take full payment therefore the following unit price for the work, complete in place, to with: ITEM ITEM UNITS ESTIMATED UNIT PRICE ITEM TOTAL NO. OF QUANTITY (IN FIGURES) (IN FIGURES) MEASURE S 1 TRAFFIC CONTROL SYSTEM LS LUMP SUM LUMP SUM 2 BRIDGE REMOVAL LS LUMP SUM LUMP SUM (PORTION) O 3 STRUCTURE EXCAVATION CY 258 3g 7fX� 4 STRUCTURE BACKFILL R CY 50 ISO 7, (BRIDGE) / I 5 ASPHALT CONCRETE ' TON 21 / �SUo (TYPE A IGO. 6 60" CAST -IN-DRU I.ED -HOLE LF 109 nn �jp�S, �y l S) CONCRETE PILING p 7 STRUCTURE CONCRETE, CY 137 G� / loot {F) BRIDGE ! Lk i m Y i i i i a • MW 8' STRUCTURE CONCRETE, s 64 a • MW 8' STRUCTURE CONCRETE, CY 64 .i APPROACH SLAB 9 DRILL AND BOND DOWEL IF 189 / O oo. 10 DRILL AND BOND DOWEL EA 71 (EPDXY CARTRIDGE 3c. 3© 11 EAIR SPALLED SURFACE SF 600 AREA L 12 BAR REINFORCING STEEL LB 74.286 j 7 �3 S- (BRIDGE) 13 FURNISH STRUCTURAL LB 3322 S S- STEEL (BRIDGE) 3 8 4 ERECT STRUCTURAL STEEL LB 3322 ry 3y 15 MOBILIZATION LS LUMP SUM LUMP SUM C20 TOTAL BID ITEMS 1 THROUGH 15 ............................. WRTITEN IN WORDS: V-w[ �N3 rrd nk� %Sf" -� DOLLARS ^J AND CENTS $ REP.,, =10,11 �-;. �.l ._- :I��: `q4k 261- CfAe l noa \Its. mf #,xn,r, W oe, C�`, 21D! i BIDDER'S TELEPHONE NUMBER ADDRESS 10�5�1�0 CONTRACTOR'S LICENSE NO. .� ..Ik IN51ffi EXPIRATION DATE ( w4 zs2- oZl4kl CO CTOR'S TELEPHONE NUMBER r x. t� 0 Addendum No. 1 Seismic RetroM of Lido Isle Bridge and Newport Island Bridge Contract No. 2804 Page 2 approves, lane closures that will occur during non -work periods, the Contractor shall furnish and maintain any and all traffic controls required by the Engineer for such lane closures, and no additional compensation therefor shall be provided to the Contractor." 5. Proposal Replace the Proposal with the attached REVISED PROPOSAL. 6. Notice Inviting Bids Revise the Engineer's Estimate to $510,000. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. No bid vAll be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum No. 1 and have included full payment in the attached REVISED PROPOSAL. 14 Bidder's Name (Please Print) f 'z§ut..r n°.+'a.'..e..:.:1'„✓'.... CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 TM Engineering 19301 Ventura Boulevard, Suite 200 Tarzana, California 91356 Gentlemen: (714) 644 -3005 July 6,1998 Thank you for your courtesy in submitting a bid for the Seismic Retrofit of Lido Isle Bridge and Newport Island Bridge (Contract No. 2804) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, J\G U �7��� %i� • �Q�- -fc�rZ�� LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Clarke Contracting Corporation Post Office Box 519 Lawndale, California 90260 Gentlemen: (714) 644 -3005 July 6, 1998 Thank you for your courtesy in submitting a bid for the Seismic Retrofit of Lido Isle Bridge and Newport Island Bridge (Contract No. 2804) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach E n U CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Lehigh Construction Company 714 South Plymouth Boulevard Los Angeles, California 90005 Gentlemen: (714) 644 -3005 July 6,1998 Thank you for your courtesy in submitting a bid for the Seismic Retrofit of Lido Isle Bridge and Newport Island Bridge (Contract No. 2804) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, 6°CJ9"e /rJ . /�'& LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach 0 • 0 ev June 8, 1998 CITY COUNCIL AGENDA ITEM NO. 13 t � : TO: Mayor and Members of the FROM: Public Works Department SUBJECT: SEISMIC RETROFIT OF LIDO ISLE BRIDGE AND NEWPORT ISLAND BRIDGE - CONTRACT NO. 2804 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 2804 to Peterson -Chase and authorize the Mayor and the City Clerk to execute the contract. 3. Authorize a $50,000 construction reserve amount for materials testing and unforeseen work. 4. Approve a construction management agreement with Dokken Engineering, and authorize the Mayor and the City Clerk to execute the agreement. DISCUSSION At 11:00 am on May 27, 1998, the City Clerk opened and read the following bids for this project: Bidder Total Bid Amount Low Peterson -Chase $ 494,278.50 2. T. M. Engineering $ 569,635,66 3. Clarke Contracting Corp. $ 586,017.00 4. Lehigh Construction Co. $ 616,583.50 The low bid is 3% below the revised Engineer's Estimate of $510,000. The low bidder, Peterson- Chase, is a general engineering contractor who has not performed previous contract work for the City; however, a check with their references and the Contractors State License Board indicates that Peterson has successfully completed many retrofit projects for Caltrans and has no pending actions detrimental to their contractors license, respectively. This project provides for modifying the Lido Isle and Newport Island bridges to increase their resistance to collapse due to lateral earthquake forces. The work includes 0 0 SUBJECT: SEISMIC RETROFIT OF LIDO ISLE BRIDGE AND NEWPORT ISLAND BRIDGE - CONTRACT NO. 2804 June 8, 1998 Page 2 is connecting certain bridge spans together, then connecting the spans into large structures that will be built behind the abutments to resist the forces. BACKGROUND The 1971 San Fernando earthquake exposed a number of deficiencies in the State of California's ( Caltrans') - bridge design methods of that time. Caltrans determined that all bridges within the State should be capable of surviving a maximum credible earthquake. Some damage was felt to be inevitable, but collapse was believed to be preventable with proper retrofitting. Caltrans' seismic retrofit program was initiated immediately after the earthquake. It's initial objective was to ensure the continuity of all superstructure joints in bridges which are subject to large ground accelerations. The effort was completed in 1987, after some 1300 State highway system bridges had been retrofitted. The City shared in the effort by likewise retrofitting the Balboa Island and Lido Isle bridges during 1984 at the City's sole expense. The 1989 Loma Prietta earthquake accelerated a second phase of bridge seismic . retrofit in which all 25,000 publicly owned bridges within the State are being analyzed to determine their resistance to collapse due to a large earthquake. Special attention is being focused upon substructures; i.e., bridge foundations. In 1990, City staff began working with Caltrans officials to expedite this second phase seismic analysis of the City's 10 bridges. The City retained Dokken Engineering, a Sacramento -based structural design firm, to prepare a detailed seismic analysis and a report for retrofitting the City's bridges. Dokken then prepared a second analysis and report to satisfy Caltrans' changing methodology, and finally during 1996, Caltrans agreed that three of the City's bridges (Balboa Island, Lido Isle, and Newport Island) are deemed likely to succumb to a large earthquake. In December of 1996, Caltrans issued the City "Notices to Proceed" with retrofitting the three bridges. Inasmuch as the most recent analysis indicates that the three bridges meet Caltrans' funding criteria for bridges that are "subject to collapse ", they qualify for 100% reimbursement of final design and construction costs using Federal Highway Administration (FHWA) Highway Bridge Rehabilitation and Replacement and State Seismic Retrofit Program funds. According to Caltrans' funding formula, the City is approved for reimbursement of as much as $264,000 in final design costs and $2.1 million in construction costs for the three bridges. In addition, the City has received authorization to proceed with the construction phase of retrofitting the Lido Isle and Newport Island bridges in the amount of $708,960 (see Exhibit 1). SUBJECT: SEISMIC RETROFIT OF LIDO ISLE BRIDGE AND NEWPORT ISLAND BRIDGE - CONTRACT NO. 28D4 June 8, 1998 Page 3 CONSTRUCTION CONTRACT Dokken has prepared plans, specifications and estimate for retrofitting the two bridges. The contractor will be allowed to perform work between the hours of 7am and 6pm, but not on holidays or Sundays, nor after 3pm on a day preceding a non -work day. Lane closures will be directed by flagmen and allowed between the hours of 8:30am and 4:30pm, unless the Engineer specifically approves otherwise. A $50,000 construction reserve amount is recommended to be set aside for materials testing and unforeseen work. Ample funds will remain in the reimbursement approval to retrofit the Balboa Bridge in a separate contract, which is currently estimated at $1,517,500. The contract provides that all work be completed within 75 consecutive working days (approximately 3%: months). Assuming no unforeseen delays, work on both bridges should be completed during October. Liquidated damages are $1,000 per calendar day. Staff has met with the boards of the Lido Isle and Newport Island community associations to apprise them of the upcoming work and to accommodate their needs within the provisions of the construction contract. At Newport Island's request, the contract provisions have been structured such that work may not be performed on the Newport Island bridge prior to September 81". With regard to permits and approvals, the State has determined that bridge seismic retrofit projects are categorically exempt from the provisions of the California Environmental Quality Act (CEQA). The Lido Isle and Newport Island retrofit projects are exempt from U.S. Coast Guard and California Coastal Development permit requirements. The Regional Water Quality Control Board has waived its water quality certification, and the Corps of Engineers has concurred that bridge retrofit work is authorized under Nationwide Permit 15. Caltrans' Division of Structures has reviewed PS &E and recommended approval to the FHWA. CONSTRUCTION MANAGEMENT Due to the critical and technical nature of the structural improvements to the bridge foundation structures, outside construction management services are needed to provide the necessary inspection skills. During March, staff solicited five firms to propose to provide construction management (CM) services for the project. Of the three firms that responded, the design firm, Dokken Engineering, `appears to be best qualified to perform the work. Dokken SUBJECT: SEISMIC R FIT OF LIDO ISLE BRIDGE AND NEWPORT BRIDGE - CONTRACT NO. 2804 June 8,1998 Page 4 0 proposes to provide a complete scope of CM services and materials testing under the State's "actual cost plus fixed fee" format, not to exceed $69,277.12 (see Exhibit 2). As stated above, the City's retrofit of the three bridges is 100% funded by the FHWA and the State. CM services are also 100% funded by the FHWA and the State. Sufficient funds to award the contract, provide for contingency, and retain CM services are budgeted under Account No. 7251- C5100067, Bridge Retrofit Program. Respectfully submitted, ( L�a UAL Public Works Department Don Webb, Director By LlAyd Dalton, PE • Design Engineer Attachments: Bid Summary Exhibit 1 - Caltrans letter dated 4/29/98 Exhibit 2 — Dokken Proposal Professional Services Agreement f:\ groupst pubworkstcounciM81une- 8tretrofit.doc 0 EXHIBIT 1 STATE OF CALIFORNIA— BUSINESS AND TRAL TATION AGENCY ' PETE WILSON, Go� DEPARTMENT OF TRANSPORTATION DLSTRICf' 12 OrI PULLMAN STREET A ANA, CA 9M5 Mr. Don Webb Director of Public Works City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 Attn: Mr. Lloyd Dalton Dear Mr. Webb: April 29, 1998 12- ORA- 0 -NPTB STPLZ- 5151(004) 38th St. @ Rivo Alto and Via Lido Bridges 55C -261 and 55C -013 You have authorization to proceed with the Construction phase of your project with the effective date of April 27, 1998. Federal Funds for the Construction phase have been obligated in the amount of $708,960. However, Federal Funds will not be available for reimbursement of your incurred project costs until after the Federal -Aid Project Agreement (PR -2) and Program Supplement have been completed (Refer to LPP 95 -07, Attachment 8, Page 11). If you have any questions, please contact Iraj Razavi at (714) 724 -2825. Sincerely, George Kopjak, Chief Local Assistance Branch District 12 Attachment: E -76 CC: Barry Leaning, HQ Dean Delgado, OCTA 0 5151- 006."P dOd1000 q q 1 u to d d I qq 1 N N 1 W W d d 1 00 i nn 1 1 1 i 1 1 1 000loNN 0 o I mm m m 1 00 d d 1 00 � Wm 1 I i I I I 1 I 1 q I UEm IUEm 0 ° 0 wi°� �m imm� aEmiaEm I I 1 a i v '1i I N O I Z wIN O Elq M I\ NN E a NIti w1N IN dN za �m dN m a .1 d rl I Z Z m FFFrrr WiWCU a Onnd o a i In o'1 M pp N yay \ \d q duN \ Y C 2 m�qm m EZ OpmgN 'fa4�7.1 UpRVU U wCHpFD: m w {Wy „pzpV ME O '1 a dfJ WYi MOZ m m NmOa azH E V 4 0 0 0 muz \ e u wmH ru u mou 5 IM 9N a Raa .l a a U N a44 Dma .d-I o�. moo o pa O° a0 °V W E N INn m omz� ppo �F pV N R m eaa O aaZ��m 0” WDbNZ CEIm a'OEFEEm mm Irommmmm F m m Ip.I pUppp m'�j�Fs'�` H m E yJU F W Z mm n MR o p azm �yyy � oo z of O ma.N- ImNO1�N -1 CmJa°ul°� m 31 « aU 44 OR F m 183 -m R m1 i�1�yp� WE rr71M -I pVpZ E1+cd 1 �t m OGCOmmN(m�JDOME�� amA [4y E1 \ m \ 6� %°aaam_m E c�i dOd1000 q q 1 u to d d I qq 1 N N 1 W W d d 1 00 i nn 1 1 1 i 1 1 1 000loNN 0 o I mm m m 1 00 d d 1 00 � Wm 1 I i I I I 1 I 1 q I UEm IUEm 0 ° 0 wi°� �m imm� aEmiaEm I I 1 a i v • i N N m NN IN dN za �m dN m .1 d rl m qq\ m M pp N yay \ \d q duN \ C 2 EZ OpmgN wCHpFD: OOp ytmyjlj O '1 [y IL dfJ WYi MOZ n m NmOa azH 0u muz wmH mou Raa aO4 mm�m N a44 moo o mHot m omz� N R m m > °m N Nov R 4 0 Irommmmm Ip.I pUppp m'�j�Fs'�` H m E yJU F W Z um m p azm z of O 31 « aU o pamo F m 183 -m NNpp�?Sn m1�C..Io ZSi Ucpi m vo�+`aH� w Zm Mm« U �m� O •Fim 6 E. IN m�ai o0oc+m0 � � z e�F MU y4 a R I �mpNO�pgm}l�l m j EU 1 Uil'1 eaa 1mmmm•1 mm • i 0 • 0 • §DOKKEN. E N G I N E E R I N G Lloyd Dalton, PE Project Manager Public Works Department, City of Newport Beach 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92659 April 30, 1998 EXHIBIT 2'!!' W. VAY n . RE: Cost Breakdown for Construction Management Services for Retrofit of Lido Isle and Newport Island Bridges Dear Lloyd: Following is our proposed cost breakdown. This breakdown is consistent with the Caltrans "actual cost plus fixed fee" format. Note that we have now included items for our testing subconsultants. Dokken Engineering's current overhead rate for this State and Federally funded project is 148.05 %. Our standard fee is 10 %. Please call me if you have any questions. Sincerely, Matthew W. Salveson, P.E. Associate Engineer attachment 939- 540/MS /ms 3914 Munanr Cmavos Rom, Sucre A -153 • Sm DIEGO. CA 92123 Tra: 619.514.8377 Fax: 619.514.8608 CITY OF NEWPORT BEACH CONSTRUCTION MANAGEMENT SERVICES SEISMIC RETROFIT OF WEST LIDO & NEWPORT ISLAND BRIDGES TOTALS Direct Labor Hours Rate Amount Project Manager Richard Liptak 20 $41.50 $830.00 Professional Engineer Richard Fitterer 300 $31.00 $9,300.00 Full Time Inspector Geoff Warrick 600 $18.50 $11,100.00 Total Direct Labor Cost: $21,230.00 Labor Overhead Multiplier (1.4805) Total Labor Overhead: $31,431.02 Direct Costs Truck, Computer, Phone, Pager ($58.00 /day) Total Direct Costs: $4,350.00 Subconsultants Ninyo & Moore (Testing) Group Delta (Independent Testing) Fee Fee (10 %) $6,000.00 $1,000.00 Total Subconsultant Costs: $7,000.00 $5,266.10 TOTAL COST: $69,277.12 0 • 0 0 • PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, entered into this 8th day of June, 1998, by and between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City "), and Dokken Engineering, whose address is 3914 Murphy Canyon Road, Suite A -153, San Diego, California 92123, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is • now being conducted under the statutes of the State of California and the charter of City. • B. City desires to construct Seismic Retrofit of Lido Isle Bridge and Newport Island Bridge, Contract No. 2804 ( "Project "). C. City desires to engage Consultant to provide Construction Management Services for Project upon the terms and conditions contained in this Agreement. D. The principal member of Consultant for purpose of Project is Richard T. Liptak. P.E. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and -1- • E desires to contract with Consultant under the terms of conditions provided in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement is one (1) year commencing on the 8th day of June, 1998, and terminating on the 8th day of June, 1999, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, Exhibit "A" attached hereto and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT • City shall pay Consultant for actual costs (including labor, employee benefits, overhead, and other direct costs) incurred by Consultant and listed subconsultants in the performance of services in an amount not to exceed $64,011.02 exclusive of any fixed fee. Actual costs shall not exceed the estimated wage rates and other costs set forth in Consultants cost proposal dated April 30, 1998. In no event shall Consultant be reimbursed for overhead costs at a rate that exceeds the approved overhead rate set forth in the cost proposal. In addition to the costs referred to in the above paragraph, City shall compensate Consultant a fixed fee of $5,266.10. Said fixed fee shall not be altered unless City and -2- • • Consultant agree that there is a significant alteration of the scope, complexity, and /or character of the services to be performed. 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly invoices to City payable within thirty (30) days of receipt of invoice subject to the approval of City and based upon full payment for work satisfactorily completed. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance • with the schedule of the billing rates as set forth in Exhibit "B ". I] 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Approved computer data processing and reproduction charges. -3- 0 0 C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the effective date of this Agreement, City may withhold payment of ten percent (10 %) of each approved payment as approved retention until all services under this Agreement have been substantially completed. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional . standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to 1] -4- U 0 0 approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control or without Consultant's fault. 4.3 The terms "Construction Management" or "Construction Manager' do not imply that Consultant is engaged in any aspect of the physical work of construction contracting. Consultant shall not have control over or charge of and shall not be responsible for the project's design, City's project contractor (hereinafter referred to as "Contractor"), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection the work. These duties are and shall remain the sole responsibility of Contractor. Consultant shall not be responsible for Contractor's schedules or failure to carry out the work in accordance with the contract documents. Consultant shall not have control over or charge of acts or omissions of City, Ws Contractor, Subcontractors, or agents or employees, or of any other persons performing portions of the work. S. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis, and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the -5- 10 0 details in means of performing the work provided that Consultant is compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times 0 during term of Project. Consultant has designated Richard T. Liptal. P.E. to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ",, whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. El 0 Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement. Consultant shall provide Construction Management with the expressed intent that all construction shall be completed as quickly as practicable. Notwithstanding the foregoing, Consultant shall not be responsible for delays which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 9. CITY POLICY • Consultant will discuss and review all matters relating to policy and project • direction with the Project Administrator in advance of all critical decision points in order to ensure that Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS ., Consultant is responsible to keep the Project Administrator and /or his/her duly authorized designee informed on a regular basis regarding the status and progress of the -7- 0 0 work, activities performed and planned, and any meetings that have been scheduled or 0 are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement. This indemnity shall apply even in the event of negligence (active or passive) of City, or its employees, or other contractors, excepting only the sole negligence or willful misconduct of City, its officers or • employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be 0 r -8- L J policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company certified to do business in the State of California, with original endorsements, with Best's A VII or better carriers, unless otherwise approved by City Risk Manager. A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to H filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance L J policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company certified to do business in the State of California, with original endorsements, with Best's A VII or better carriers, unless otherwise approved by City Risk Manager. A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to H 0 0 be performed in connection with this Agreement in the minimum amount of 0 One Million Dollars ($1,000,000 1. Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give to City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to 0 City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. P J -10- • 0 The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. • Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, fumish -11- • 0 reports concerning the status of services required under this Agreement. . 16. CONFIDENTIALITY f The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. access to and, upon. request of Consultant; one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. • B. blueprinting, CADD plotting, copying and other services through City's reproduction company for each of the required submittals. Consultant will be required to coordinate the required submittals with City's reproduction company. All other reproduction shall be the responsibility of Consultant as defined above. C. useable life of facilities criteria and provide information with regards to deficient facilities. D. street base digital file in AutoCAD (DXF) compatible format. 0 -12- ! • • 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. Lloyd R. 0 Dalton. P.E., shall be considered the Project Administrator and shall have the authority act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records during normal business hours. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to City with respect to -13- 0 such disputed sums. Consultant shall be entitled to receive interest on any withheld sums • at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be bome by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. . 23. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination C.1 -14- of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultants violation of this Section. 24. SUBCONTRACTING AND ASSIGNMENT A. Consultant shall not subcontract or assign any portion of the services required by this Agreement without the prior approval of City. B. A contract in excess of $25,000 entered into as a result of this Agreement shall contain all of the provisions stipulated within this Agreement to be applicable to subcontractors, including specific references to payment, record retention, and cost principal provisions. 25. NOTICES 0 All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: ii City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 Attention: Lloyd R. Dalton. P.E. (714) 644 -3328 Fax (714) 644 -3308 -15- • 0 0 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Dokken Engineering 3914 Murphy Canyon Road, Suite A -153 San Diego, CA 92123 Attention: Richard T. Liptak, P.E. (619) 514 -8377 Fax (619) 514 -8608 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default ! and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specked in this Agreement that is earned and unpaid prior to the E -16- • effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or • nature whatsoever between the parties hereto and all preliminary negotiations and 0 agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. -17- 0 0 31. CADD DELIVERABLES CADD data delivered to City shall not include the professional stamp or signature of an engineer or architect. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. 32. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: so CITY OF NEWPORT BEACH A Municipal Corporation By: • • 0 • Robin Clauson Assistant City Attorney City of Newport Beach ATTEST: By: LaVonne Harkless City Clerk f.\ groups %pubworks\agmtk98\dokken3.doc • -19- Thomas C. Edwards, Mayor City of Newport Beach CONSULTANT By: Richard T. Liptak, P.E. Project Manager 0 0 EXHIBIT "A" 0 SERVICES TO BE PERFORMED Consultant shall provide a registered professional engineer, acting as the Resident Engineer, to start Project, get the files and paperwork set up, review and approve all early contractor submittals and provide intermittent inspection and support. Contract Change Orders will be written and negotiated by the Resident Engineer, who will be immediately available to City and Consultant's inspector. Assisting the Resident Engineer will be an Assistant Engineer serving as Consultant's full -time inspector. Dokken Engineering will set up and monitor the quality assurance and independent quality assurance programs. The testing firms that will perform these duties will be used on an as -need basis, depending on the work being performed. Consultant shall provide the following services: Start Up - A kick -off meeting will be convened with City, Consultant, Caltrans, and Subconsultants to define roles and responsibilities of the project team, paths of communication between team participants and to refine the work program. • Pre - Construction Meeting — Consultant will organize and conduct a Pre - Construction meeting. Prior to the Pre - Construction meeting, Consultant's inspectors will have a comprehensive knowledge of the project plans, specifications, and bid documents. Attendees will include, but not be limited to, the prime contractor and key members of subcontractors, representatives of the project designers, utility companies, City, and Caltrans. Project schedule, invoicing, payroll, utility relocation coordination, and any other pertinent issues such as compensation and retention procedures will be discussed at the meeting. Contractor's Schedule — Consultant will review the contractor's construction schedule and notify the contractor of any potential conflicts with items of work. Diaries and Progress Reports — Consultant's inspector will record the progress of the contract on a daily basis and keep records in a project diary. Weekly progress reports will be prepared by the Registered Engineer and submitted to City. Progress reports will include percentage of work complete, working days completed, and a description of the overall progress of the project. 0 -20- Contractor Submittal and Shop Drawing Reviews — The Resident Engineer will be responsible for reviewing all contractor's submittals and -shop drawings that require acceptance by a Professional Engineer. These include, but are not limited to, Trenching and Shoring Plans, Falsework Plans, Working Platform Plans, Bridge Removal Plans and Contractor's Construction Schedule. The Inspector will be responsible for reviewing all other submittals, such as Asphalt Concrete and Portland Cement Concrete Mix Designs, Contractor's Traffic Plan, Pile Placing Plan and Steel Shop Drawings. Progress Payment — Consultant will prepare monthly progress payment estimates on the Caltrans forms that will be provided to City for contractor payment. Surveying and Material Testing Coordination — Consultant's inspector will coordinate with the material testing group. Materials testing will be performed at intervals required in the Caltrans Bridge Records and Procedures Manual and the Construction Manual. Independent testing will be performed at intervals required by Caltrans. Safety Review — Consultants inspector will monitor contractor safety procedures and send written notification concerning any violations. Labor Compliance — Consultant's inspector will monitor contractor and subcontractor . compliance with labor terms and provisions set forth in the contract. Those terms will include complying with prevailing wages and equal opportunity employment to subcontractors, affirmative action requirements, and payment of overtime. • Contract Change Orders — Contract Change orders will be written and negotiated by the Resident Engineer, as needed. Inspection — During construction activity on the project site, Consultant's inspector will be present. Consultant's inspector will ensure that the contractor's work crew is consistently operating in accordance with the project plans and specifications. Anticipated project elements include roadway, bridge, earthwork, drainage, landscaping, architecturally treated barrier, planting, utility relocation, staging, and permit enforcement. Consultant's inspector will record by video and photography field data as required to adequately document before -, during -, and after- construction conditions. Weekly Meetings — Consultant will conduct weekly meetings with the contractor, record meeting minutes and distribute meeting minutes appropriately, with one copy sent to City and to Caltrans Oversight Personnel. -21- Progress Reports — The Resident Engineer will write weekly progress reports • explaining the work performed the previous week, the work to be anticipated, the percent of work complete, the percent to time complete, and the anticipated completion date. These will be distributed to City and Caltrans Oversight Personnel. Storm Water Pollution Protection Plan (SWPPP) — The Registered Engineer will review and approve the SWPPP prior to the contractor starting any construction operations. As -Built Drawings — During construction of Project, Consultant will develop "as -built mark -ups" that can be utilized in the preparation of final "As -Built Plans" upon completion of Project. AutoCad files will be provided with as -built corrections at the conclusion of Project. Subconsultants — Consultant will provide the following subconsultant services: Ninyo & Moore (Testing) - will provide the quality assurance testing for structural concrete bridge, asphalt concrete, high strength bolts, structure backfill, and epoxy cartridges for drill and bond dowels. Group Delta (Independent Testing) - will provide independent quality assurance testing, "testing the tester" for structural concrete bridge, asphalt concrete, high • strength bolts, structure backfill, and epoxy cartridges for drill and bond dowels. • -22- C� EXHIBIT 'B" COMPENSATION TO CONSULTANT City shall compensate Consultant according to the following fee schedule: Dokken Engineering Hourly Fee Hours Worked Total Richard T. Liptak, Project Manager $ 41.50 20 $ 830.00 Richard Fitterer, Registered Engineer 31.00 300 9,300.00 Geoffrey Warrick, Inspector 1 18.501 6001 11,100.00 Total Direct Labor Cost I 1 1 21,230.00 Labor Overhead Multiplier (1.4805) Direct Costs Truck, computer, etc. @ $58.00 /day Subconsultants Ninyo & Moore Group Delta (Independent Testing) Fee (10 %) Total Price Total Labor Overhead 31,431.02 Total Direct Costs 4,350.00 $ 6,000.00 1,000.00 Total Subconsultant Cost 7,000.00 Total Fixed Fee 5.266.10 $ 69,277.12 1. Consultant agrees that the Contract Cost Principles and Procedures, CFR 48, Chapter 1, Part 31, shall be used to determine the allowability of individual items of cost. 2. Consultant agrees to comply with federal procedures in accordance with CFR 49, Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments ". 3. Costs for which payments have. been made to Consultant, which are determined by subsequent audit to be unallowable under CFR 48, Chapter 1, Part 31, shall be refunded by Consultant. -23-