HomeMy WebLinkAboutC-2930 - Storm Drain Improvements, Kings Place, Bayside Drive, Santiago Drive, etc.June 24, 1996
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CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768
Ace Fence Company
15135 Salt Lake Avenue
Industry, CA 91746
(714) 644 -3005
Subject: Surety: Gulf Insurance Company
Bond No.: B95- 013068
Contract No.: C -2930
Project: Storm Drain Improvements along Bayside
Drive, Santiago Drive, Ocean Boulevard
and Kings Place
On May 13, 1996, 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 has been recorded in accordance with
applicable portions of the Civil Code.
The Notice was recorded by the Orange County Recorder on May 20,
1996, Reference No. 19960252740.
Sincerely,
M . 1v
LaVonne M. Harkless, CMC /AAE
City Clerk
LH :lm
cc: Public Works Department
3300 Newport Boulevard, Newport Beach
RECORDING REQUESTEPLY AND Recor 1� or WHEN RECORDED RETURN TO: Gary Lj0Gtno county of range eritfornta
No Fee
City Clerk 005 16000996 16 ��19960252740 04;3p 05/20/96
3300 y ewpport wwpp oBoulevard N12 x'00 0.00 0.00 0.00 0.00 0
Newport Beach, CA 92663 .00
"Exempt from recording fees pursuant ���-
to Government Code Section 6103" .�- .,F.a. _'•,,
MAY 24 1996 I:.
NOTICE OF COMPLETION C fY CLEBN I
CITY OF l
NEWPBNI BEACH
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport i
Boulevard, Newport Beach, California, 92663, as Owner, and
Ace Fence Company as j
Contractor, entered into a Contract on October 9, 1995
Said Contract set forth certain improvements, as follows:
Storm Drain Improvements along Raycir9e Driver Snntingn nrj,ya
Ocean Boulevard and Kings Place Contract No. C -2930
Work on said Contract was completed on February 15, 1996 ,
and was found to be acceptable on May 13, 1996
by the City Council. Title to said property is vested in the
Owner, and the Surety for said Contract is Gulf Insurance
E?!
Pubh£a-Works 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
Newport Beach, California.
BY &6� X.
City Clerk
at
•
TO:
FROM:
SUBJECT:
•
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Mayor and Members of the City Council
Public Works Department
May 13, 1996
CITY COUNCIL AGENDA
1W 13-
COMPLETION AND ACCEPTANCE OF STORM DRAIN
IMPROVEMENTS ALONG BAYSIDE DRIVE, SANTIAGO DRIVE,
OCEAN BOULEVARD AND KINGS PLACE, CONTRACT NO. 2930
RECOMMENDATIONS:
1. Accept the work.
2. Authorize the City Clerk to file a Notice of Completion.
3. Authorize the City Clerk to release the bonds 35 days after the Notice of
Completion has been recorded in accordance with applicable portions of the Civil
Code.
DISCUSSION:
The contract for the removal and replacement of existing storm drains, construction of
new storm drains and associated catch basins in the aforementiond streets has been
completed to the satisfaction of the Public Works Department. The contractor was Ace
Fence Co., of City of Industry, California.
The bid price was $179,000.00
The amount of unit items constructed 180,185.00
Amount of change order 26 252.00
Total contract cost $206,437.00
Six (6) change orders were issued to complete the project. They are is follows:
1. A change order in the amount of $1,800.00 provided for the installation of
a sub -drain to intercept water runoff onto private property along Santiago
Drive.
2. Two (2) change orders in the amount of $5,755.50 provided for the
substitution of concrete in lieu asphalt in an alley between Heliotrope
Avenue and Iris Avenue. Residents contributed $1,355.00 toward this
change order.
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SUBJECT: COMPLETION AND ACCEPTANCE OF STORM DRAIN IMPROVEMENTS ALONG BAYSIDE
DRIVE, SANTIAGO DRIVE, OCEAN BOULEVARD AND KINGS PLACE, CONTRACT NO. 2930
May 13, 1996
Page 2
3. A change order in the amount of $6,935.45 provided for a major storm
drain modification in Heliotrope Avenue to avoid underground utilities
encountered during construction.
4. A change order in the amount of $5,763.05 provided for a storm drain
excavation in Kings Place due to unknown underground obstructions
encountered during construction.
5. A change order in the amount of $5,998.00 provided for the removal and
salvage of a storm drain at 2415 Ocean Boulevard as requested for
purposes of evidence in a claim filed by a resident.
Funds for the project were budgeted in the following funds:
Descri tion
Account Numbe
Lmoun
General Fund (Drainage)
7012- C5100008
$205,082.00
Private Contributions
1,355.00
TOTAL
1 $206,437.00
The scheduled completion date was January 12, 1996. Due to extra work and
inclement weather, the project was not completed until February 15, 1996. Failure by
the contractor to provide the necessary paper work to finalize change orders resulted in
the significant time gap between the completion date and date of acceptance.
Respectfully submitted,
(P,VZ
PUBLIC WORKS DEPARTMENT
Don Webb, Director
By_
Horst Hlawaty
Field Engineer
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C -2930
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CITY OF NEWPORT BEACH
DRAWN S.J.L.
DATE
PUBLIC WORKS DEPARTMENT
APPROVED
� 7
STORM DRAIN RE, PLAMENT AT KINGS PL.,
JTEPI;E
I.uY
ICINGS RD., OCEAN BLVD, SANTIAGO DR.
PAOJECTENGINEER
-------- . u . of
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CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
C?y fl5�
TO: PURCHASING /ADMINISTRATIVE SERVICES DEPARTMENT
FROM: CITY CLERK
DATE: November 6, 1995
SUBJECT: Contract No. C -2930
Description of Contract Storm Drain Improvements along
Bayside Drive, Santiago Drive, Ocean Boulevard and Kings Place
Effective date of Contract October 9, 1995
Authorized by Minute Action, approved on September 25, 1995
Contract with Ace Fence Company
Address 15135 Salt Lake Avenue
Industry CA 91746
Amount of Contract $179,000.00
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
Release of Stop Notice
TO: CITY OF NEWPORT BEACH PUBLIC WORKS
(Construction Lender, Public Body, or party with whom Stop Notice voas filed)
3300 NEWPORT BOULEVARD, NEWPORT BEACH CA 92663
(Address)
You are hereby notified that the undersigned claimant releases that certain Stop Notice
dated JANUARY 8, 1996 , in the amount of $ 802.60
Date al /al
COPIES SOUTO:
* Mayor
n Colmdi ntrl
Marqw
irmomey
Bldg. Dt
GenServDk
PB & R DIE
°lanning Dk
Police Met
/ W Dlr
'her (Z c to PC+
against CITY OF NEWPORT BEACH PUBLIC WORKS as owner or public body and
ACE FENCE CO.
as prime contractor
in connection with the work of improvement known as STORM DRAIN IMPROVEMENTS CONTRACT
in the City of NEWPORT BEACH County of
State of California.
Date
FEBRUARY 6, 1996
Name of Claimant:
I, the undersigned, state: I am the
(Sigrmlure)
SECRETARY �
(Authorized Capacily
VERIFICATION
( "Agent of', "President of "A Partner of ", "Owner of ", etc.)
the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof,
and I certify that the same is true of my own knowledge.
I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true
and correct.
Executed on FEBRUARY 6
State of
aICA FORM 5 SOW (Rev. 2+9])
CALIFORNIA
19 96 at
UPLAND
(BIgI1alUIP Of Claimant or Autlmrized A
CITY CLERK'S COPY
NOTICE INVITING BIDS
Sealed bids may be received at the office of the City Clerk,
at 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, Ca. 92658 -8915
until 11:00 a.m. on the 13th day of September, 1995,
at which time such bids shall be opened and read for
STORM DRAIN IMPROVEMENTS ALONG BAYSIDE DRIVE,
SANTIAGO DRIVE, OCEAN BOULEVARD AND KINGS PLACE
Title of Project
2934
Contract Number
$160,000 I(A t. A)., $155,000 (Alt.B)
Engineer's Estimate
PORT
V - Z
c'�C! i =pRN�P
Approved by the City Council
this Ift day of,jyjy 1995
r
Wanda E. Rag
City Clerk
Prospective bidders may obtain one set of bid documents at no cost at the
office of the Public Works Department, 3300 Newport Boulevard, P. O. Box
1768, Newport Beach, CA 92658 -8915.
For further information, call Stephen Luy at 644 -3330.
Project Manager
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
STORM DRAIN IMPROVEMENTS ALONG BAYSIDE DRIVE, SANTIAGO
DRIVE, OCEAN BOULEVARD AND KINGS PLACE
CONTRACT NO. 2930
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard, P. O. Box 1768
Newport Beach, California 92663 -8915
Gentlemen
The undersigned declares that he has carefully examined the location of the work, has read the
Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to
furnish all materials except that material supplied by the City and shall perform all work required to
complete Contract No. 2930 in accord with the Plans and Special Provisions, and will take in full
payment therefore the following unit prices for the work, complete in place, to wit:
ITEM QUANTITY
NO. AND UNIT
1. Lump Sum
2. 500 LT
ITEM DESCRIPTION AND UNIT UNIT
PRICE WRITTEN IN WORDS PRICE
Mobilization and Traffic Control
Fifteen Thousand Dollars
and
No
Cents
per Lump Sum
Construct 15 -inch Storm Drain
With Backfill And Soil Cement
TOTAL
PRICE
$15,000.00
One Hundred Thirty Dollars
and
No Cents $ 130.00 $ 65,000.00
per Linear Foot
P -1
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
NO. AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
3. 100 L.F. Construct 15 -inch Storm Drain With
Backfill
4. 120 L.F
5. 1 Ea.
One Hundred Fifteen Dollars
and
No Cents $115.00 $11,500.00
per Linear Foot
Construct 18 -inch Storm Drain
With Backfill
One Hundred Fifty Dollars
and
No Cents $150.00 $18,000.00
per Linear Foot
Construct Junction Structure No. 2
Per C.N.B. Std.- 311 -L.
Four Thousand Dollars
No
per Each
and
Cents $4,000.00 $ 4,000.00
6. 1 Ea. Construct Junction Structure No. 1
Per C.N.B. Std.- 3IO -L.
Four Thousand Dollars
and
No Cents $4,000.00 $ 4 , 000.00
per Each
7. 1 Ea. Construct C.N.B. Type OL -A Curb
Inlet on Santiago Dr. Per
C.N.B. Std.-305-L.
Five Thousand Dollars
and
No Cents $ 5,000.00 $ 5 , 000.00
per Each
P -2
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ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
NO. AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
8. 2 Ea.
Construct Curb Opening Catch Basin
With Grating Per C.N.B. Std - 321 -L.
Three Thousand
Dollars
and
No
Cents
Per Each
9. 1 Ea.
Construct Pipe Connection per
C.N.B. Std.- 312 -L., Case2, including
Area Drain
Three Thousand
Dollars
and
No
Cents
Per Each
10A. 10 Ea.
Construct Pipe Collar Per
C.N.B. Std.- 313 -L. (Alt. A)
One Thousand
Dollars
and
No
Cents
Per Each
10B. 4 Ea.
Construct Pipe Collar Per
C.N.B. Std.- 313 -L. (Alt. B)
One Thousand
Dollars
and
No
Cents
Per Each
11A. 17 Ea.
Construct Pipe Anchor Per
C.N.B. Std.- 314 -L. (Alt. A)
Four Hundred
Dollars
and
No
Cents
Per Each
P -3
$3,000.00 $ 6,000.00
$3,000.00; $ 3,000.00
$1,000.00 $10,000.00
$1,000.00 $4,000.00
$ 400.00 $ 6,800.00
0
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
NO. AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
1113. 12 Ea. Construct Pipe Anchor Per
C.N.B. Std.- 314 -L. (Alt. B)
Four Hundred Dollars
and
No Cents $400.00 $4,800.00
Per Each
12. 1 Ea. Construct Parkway Culvert Type "B"
Per C.N.B. Std.- 318 -L.
Three Thousand Dollars
and
No Cents $3,000.00 $3,000.00
Per Each
13. 2 Ea. Construct Standard Street Barricade
Per C.N.B. Std.- 900 -L.
Two Thousand Dollars
No Cend $ 2,000.00 $ 4,000.00
Per Each
14. 20 S.Y. Provide and Install Filter Fabric at
Outlet Structure.
Twenty Dollars
and
No Cents $ 20.00 $ 400.00
Per Square Yard
15 6 Tons Provide and Install Rock Rip Rap
One Hundred Dollars
and
No Cents $ 100.00 $ 6nn nn
per Ton
P -4
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ITEM
QUANTITY
ITEM DESCRIPTION AND UNIT
UNIT
TOTAL
NO.
AND UNIT
PRICE WRITTEN IN WORDS
PRICE
PRICE
16. 1 Ea. Construct Commercial Driveway
Approach Type II Per C.N.B.
Std.- 161 -L.
Two Thousand Dollars
and
No Cents $2,000.00 $2,000.00
Per Each
17. 60 Tons Construct A.C. Overlay on
Existing Driveway, A.C. Walk
and A.C. Roadway
Sixty Dollars
and
No Cents $60.00 $3,600.00
Per Ton
18A. Lump Sum Miscellaneous Landscape &
Improvement Replacement,
Including Kings Place. (Alt. A)
Nine. Thrnisand Dollars
and
No Cents $ 9,000.00
Per Lump Sum
18B. Lump Sum Miscellaneous Landscape &
Improvement Replacement,
Excluding Kings Place. (Alt. B)
Seven Thousand Two HundredDollars
and
No Cents $ 7.200.00
Per Lump Sum .
P -5
0
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT
NO. AND UNIT PRICE WRITTEN IN WORDS PRICE
19. 150 S.F. Construct 6 -Inch Thick P.C.C.
Alley
Twenty Dollars
and
No Cents
per Square Foot
20. 30 S.F. Construct 4 -Inch Thick P.C.C.
Sidewalk
Ten
Dollars
and
No
Cents
per Square Foot
21. 20 L.F. Construct Variable Height P.C.C.
Curb and Gutter "Type A" per
CNB Std - 182 -L.
Fifty
Dollars
and
No
Cents
per Linear Foot
22. 10 L.F. Construct Variable Height P.C.C.
Curb "Type B" per CNB Std - 182 -L.
Thirty
Dollars
and
No
canto
per Linear Foot
23. Lump Sum Remove and Reinstall Existing
Wood Stairs and Railing (Alt. A)
One Thousand
Five Hundred Dollars
and
No Cents
Per Lump Sum
P -6
TOTAL
PRICE
$ 20.00 $ 3,000.00
$ 10.00 $ 300.00
001WITIENSKINKITINNITIN
$ 30.00 $ 300.00
$ 1,500.00
E
ITEM
NO.
QUANTITY
AND UNIT
ITEM DESCRIPTION AND UNIT UNIT TOTAL
PRICE WRITTEN IN WORDS PRICE PRICE
24.
1 Ea.
Construct Manhole No. 2 With Grate
Cover Per C.N.B. Std.- 307 -L.
Two Thousand Dollars
and
No Cents $2,000.00 $ 2,000.00
per Each
25.
Lump Sum
Clean existing 18" C.M.P. and
Install C.I.P.P. Liner in Kings
Place Storm Drain, (Alt. B.)
One Thousand Dollars
and
No Cents $ 1 .000.00
Per Lump Sum
TOTAL PRICE IN WRITTEN WORDS, ALTERNATIVE A
(Total Bid Price excluding item l OB, I IB, 18B and 25.)
One Hundred Seventy -Nine Thousand Dollars
and
No rpntc � 179,000.00
Total Bid Price (figures)
TOTAL PRICE IN WRITTEN WORDS, ALTERNATIVE B
(Total Bid Price excluding item IOA, 11A, 18A and 23.)
One Hundred Sixty -Eight Thousand, Seven Hundred Dollars
No Cents $ 168,700.00
Total Bid Price (figures)
P -7
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Bidder's Nam@'
Ace Fence
Company
Bidder's Address
15135
Salt
Lake Avenue, Industry, CA 91746
Bidder's Telephone Numbe
Contractors License No. &
9 -12 -95
Date
(818) 333 -0727
558420 Class A
s /America Tang, President
Authorized Signature & Title
P•8
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
INDEX
FOR
SPECIAL PROVISIONS
STORM DRAIN IMPROVEMENTS ALONG BAYSIDE DRIVE, SANTIAGO DRIVE,
OCEAN BOULEVARD AND KINGS PLACE
CONTRACT NO. 2930
INTRODUCTION
PART 1 - -- GENERAL PROVISIONS
SECTION 2
SCOPE AND CONTROL OF THE WORK
1
2 -6
WORK TO BE DONE
1
SECTION 4
CONTROL OF MATERIALS
2
4 -1
MATERIALS AND WORKMANSHIP
2
4 -1.3
Inspection Requirements
2
4 -1.3.4
Inspection and Testing
2
SECTION 5
UTILITIES
2
5 -7
ADJUSTMENTS TO GRADE
2
SECTION 6
PROSECUTION, PROGRESS AND ACCEPTANCE
2
OF THE WORK
6 -2
PROSECUTION OF WORK
2
6 -7
TIME OF COMPLETION
3
6 -7.1
General
3
6 -7.4
Working Hours
3
6 -9
LIQUIDATED DAMAGES
3
SECTION 7
RESPONSIBILITIES OF THE CONTRACTOR
4
7 -8
PROJECT SITE MAINTENANCE
4
7 -8.5
Temporary Light, Power and Water
4
7 -8.6
Water Pollution Control
4
7 -8.8
Steel Plates
4
7 -8.9
Solid Waste Diversion
4
7 -9
PROTECTION AND RESTORATION OF EXISTING
4
IMPROVEMENTS
7 -10
PUBLIC CONVENIENCE AND SAFETY
5
7 -10.1
7 -10.3
7 -10.5
7 -10.6
7 -15
7 -16
7 -17
SECTION 9
Traffic and Access 5
Street Closures, Detours, Barricades 5
"No Parking" Signs 5
Street Sweeping Signs 6
CONTRACTOR LICENSES 6
CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 6
ACCESS TO PRIVATE PROPERTY ADJACENT TO
THE WORK SITE 6
MEASUREMENT AND PAYMENT
6
9 -3
PAYMENT 6
9 -3.1
General 6
9 -3.2
Partial and Final Payment 7
207 -6.2.1
PART 2 - -- CONSTRUCTION MATERIALS
SECTION 201
CONCRETE, MORTAR, AND RELATED MATERIALS 7
201 -5
CEMENT MORTAR 7
201 -5.6
Quick Setting Grout. 7
SECTION 207
PIPE 7
207 -2 REINFORCED CONCRETE PIPE
207 -2.1 General
7
7
207 -6
ASBESTOS CEMENT SEWER AND STORM DRAIN
300 -1
PIPE 7
207 -6.2
Storm Drain Pipe 7
207 -6.2.1
General 7
207 -13
CORRUGATED ALUMINUM PIPE AND PIPE
ARCHES 7
207 -13.1
General 7
207 -17
PVC PLASTIC PIPE 7
207 -17.1
General 7
PART 3 - -- CONSTRUCTION METHODS
SECTION 300
EARTHWORK 8
300 -1
CLEARING AND GRUBBING 8
300 -1.3
Removal and Disposal of Materials 8
300 -1.3.1
General 8
SECTION 301
TREATED SOIL, SUBGRADE PREPARATION AND
PLACEMENT OF BASE MATERIAL 8
0 0
301 -3
PORTLAND CEMENT TREATED MIXTURES 8
301 -3.1
Soil Cement 8
301 -3.1.1
General 8
301 -3.1.2
Materials 8
301 -3.1.8
Placing, Compacting and Finishing 9
SECTION 306
UNDERGROUND CONDUIT CONSTRUCTION 9
306 -5
ABANDONMENT OF CONDUIT AND STRUCTURES 9
SECTION 308
LANDSCAPE AND IRRIGATION INSTALLATION 9
308 -4
PLANTING 9
308 -4.9
Erosion Control Planting 9
PART 4
SECTION 400
ALTERNATIVE ROCK PRODUCTS, ASPHALT 9
CONCRETE, PORTLAND CEMENT CONCRETE,
AND UNTREATED BASE MATERIAL
400 -4
ASPHALT CONCRETE 9
400 -4.1
General 9
PART 5
SECTION 500
PIPELINE SYSTEM REHABILITATION
9
500 -1
PIPELINE REHABILITATION
9
500 -1.1
Requirements
9
500 -1.1.5
Television Inspection
9
500 -1.4
Cured in Place Pipe Liner (CIPP Liner)
9
500 -1.4.1
General
10
SP 1 'l
CITY OF NEWPORT BEACH 19111
PUBLIC WORKS DEPARTMENT X • q
SPECIAL PROVISIONS �riVl
STORM DRAIN IMPROVEMENTS ALONG BAYSIDE DRIVE, SANTIAGO
OCEAN BOULEVARD AND KINGS PLACE
CONTRACT NO. 2930
INTRODUCTION
All work necessary for the completion of this contract shall be done in accord with (1) these
Special Provisions; (2) the Plans (Drawing Nos. D- 5228 -S); (3) the City's Standard Special
Provisions and Standard Drawings for Public Works Construction, 1994 edition, including
Supplements; and (4) The Standard Specifications for Public Works Construction 1994 edition,
including supplements. Copies of the Standard Special Provisions and Standard Drawings may
be purchased at the Public Works Department for Ten Dollars ($10.00). Copies of the Standard
Specifications may be purchased from Building News, Inc., 3055 Overland Avenue,
Los Angeles, California, 90034, telephone (310) 202 -7775.
These provisions supplement or modify the Standard Specifications for Public Works
Construction as referenced and stated hereinafter:
The Contractor shall bid both alternatives as described in the Proposal. Alternative A includes
the replacement of all storm drains. Alternative B includes the replacement of all storm drain
with the exception of Kings Place. The Kings Place storm drain will be cleaned, video taped,
lined with a C.I.P.P. liner and video taped again. The City reserves the right to award the
contract to the lowest bidder based upon bids received for the alternative construction method
selected for use by the City. The City will evaluate the bids received, for the different
alternatives, to determine the most cost effective method of repairing the storm drains while
providing the least disruption to the residents.
The City is considering the use of C.I.P.P. liner in the repair of the Kings Place storm drain in
order to expedite the repair and eliminate the removal and reconstruction of encroaching private
improvements that storm drain replacement would require.
PART 1
GENERAL PROVISIONS
SECTION 2-- -SCOPE AND CONTROL OF THE WORK
2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this
contract consists of removing and replacing existing storm drains, constructing a new storm
drain, constructing catch basins, pipe anchors, pipe collars, storm drain rip -rap; and other
incidental items of work. "
0
SP2of10
SECTION 4 - -- CONTROL OF MATERIALS
4 -1 MATERIALS AND WORKMANSHIP
4 -1.3 Inspection Requirements
4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be
subject to rigid inspection, and no material or article shall be used in the work until it has been
inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as
to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum)
notice of the Contractor's readiness for inspection.
The Engineer shall select an independent testing laboratory and pay for all testing as specified in
the various sections of the Standard Special Provisions and these Special Provisions. When in
the opinion of the Engineer, additional tests or inspections are required because of unsatisfactory
results in the manner in which the Contractor executed his work, such tests and inspections shall
be paid for by the Contractor.
SECTION 5 - -- UTILITIES
5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust to finish grade all water meter
boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments prior to the
placement of pavement. The Contractor shall coordinate the adjustment of Southern California
Edison, Southern California Gas Company, Pacific Bell and Cable television facilities to placement of
pavement to finished grade. All costs related to adjustments to grade shall be included in the price bid
for the item requiring the adjustment to be made.
The Contractor shall be responsible for any damages to existing utilities resulting from his
operations. Boxes, covers, grade rings, etc. damaged by the adjustment process shall be replaced
by the Contractor.
SECTION 6 - -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK
6 -2 PROSECUTION OF WORK. Add to this section " No work shall begin until a schedule
of work has been approved by the Engineer. The Contractor shall submit a construction schedule
to the Engineer for approval a minimum of five (5) working days prior to commencing any work.
Schedule may be bar chart or CPM style. Schedule may be on a weekly progress basis showing
line item activities of work by the Contractor. The Engineer will review the schedule and may
require the Contractor to reschedule to the requirements of the Engineer." The Contractor will
begin with the construction of the Kings Place and Ocean Boulevard storm drains.
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6 -7 TIME OF COMPLETION.
6 -7.1 General. Add to this section "The Contractor shall complete all work under the
Contract within sixty (60) consecutive working days, but no later than December 31, 1995."
"The Contractor shall complete all work at each site within a maximum of fifteen (15)
consecutive working days after beginning work at that site. The Contractor shall have no more
than two sites under construction at any time."
"The term "work" as used herein shall include all removals, adjustments, replacements, installations
and construction of P.C.C. improvements. Also included within the specified period is curing time for
new P.C.C. improvements. The Contractor shall employ sufficient labor and equipment to meet his
construction schedule. If it becomes apparent during the course of the work that Contractor will not be
able to meet his schedule, he will be prohibited from starting additional work until he has exerted extra
effort and demonstrated that he will be able to maintain his approved schedule in the future. Such
stoppages of work shall in no way relieve the Contractor from his overall time of completion
requirement, nor shall it be constructed as the basis for payment of extra work because additional labor
and equipment were required on the job.
The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in
an orderly preplanned, continuous sequence so as to minimize the time the driveway approach along
Santiago Drive, the alley ends in Corona Del Mar and those public and private improvements at other
locations are closed to the public or the adjacent property owner."
6 -7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 6:30 p.m.
Monday through Friday.
Should the Contractor elect to work later than 6:30 p.m. weekdays or between 8:00 a.m. and 6:00 p.m.
Saturday, he must first obtain special permission from the Engineer. A request for working during any
of these hours must be made at least 48 hours in advance of the time period. The Engineer reserves the
right to deny any or all such requests. Additionally, the Contractor will be required to pay for any
inspection during these periods when such work is approved.
6 -9 LIQUIDATED DAMAGES. Revise sentence 3 to read "For each consecutive calendar day in
excess of the time periods specified herein for completion of work at each site or for completion of all
work under the Contract, as adjusted in accordance with Section 6 -6, the Contractor shall pay to the
Agency, or have withheld from moneys due it, the sum of $350.00."
Revise paragraph 2 to read "Execution of the Contract shall constitute agreement by the Agency and
the Contractor that $350.00 per day is the minimum value of the costs and actual damage caused by the
failure of the Contractor to complete the Work within the allotted time."
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SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR
7 -8 PROJECT SITE MAINTENANCE.
7 -8.5 Temporary Light, Power and Water. Add to this section "If the Contractor elects to use
the City's water, he shall arrange for a meter and tender a $750 meter deposit with the City. Upon
return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for
water usage and repair charges for damage to the meter."
7 -8.6 Water Pollution Control. Add to this section "Surface runoff water containing mud, silt or
other deleterious material due to the construction of this project shall be treated by filtration or
retention in settling basin(s) sufficient to prevent such material from migrating into the bay."
7 -8.8 Steel Plates. The City can provide a limited quantity of 1 -inch thick, 5' X 10' steel
plates. These plates may be obtained for a rental charge of $15.00 per plate per week or part
thereof. There is a $100.00 deposit for use of the City's lifting eye fitting for the use of trench
plates. These plates may be obtained from and shall be returned to the City's Utilities
Yard at 949 West 16th Street. To determine the number of plates available and to reserve the
plates, the Contractor must contact the City's Utilities Superintendent, Mr. Peter Antista, at (714)
644 -3011.
7 -8.9 Solid Waste Diversion. Unless specified elsewhere in this contract, all non - reinforced
concrete and asphalt wastes generated from the job site shall be disposed of at a facility which crushes
such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a
sanitary landfill.
The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes
disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on
a form provided by the Engineer.
7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS.
Delete the second sentence of paragraph 2 of this section and add "The Contractor shall provide
new material or remove, salvage and reinstall any irrigation systems conflicting with
construction. The irrigation system shall be reinstalled in the same manner as the original
irrigation system, and shall be flushed and made completely operable by the Contractor.
The Contractor shall provide new material or remove, salvage and reconstruct any wood deck,
stairs or railing conflicting with the construction. The wood deck, stairs and railing shall be
reinstalled in the same manner as the original wood deck, stairs and railing."
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7 -10 PUBLIC CONVENIENCE AND SAFETY.
7 -10.1 Traffic and Access. Add to this section "The Contractor shall provide traffic control
and access in accord with Section 7 -10 and the Work Area Traffic Control Handbook
(WATCH)."
7 -10.3 Street Closures, Detours, Barricades. Add to this section "The Contractor will be
responsible for preparing, processing, and obtaining approval of a traffic control plan from the City's
Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. The
Contractor in preparing his traffic control plan shall include the following:
a. Consolidating equipment and materials at the Engineer's approved locations
upon completion of each day's work. The Contractor may be able to close
portions of a street for his use by obtaining approval from the Traffic Engineer.
b. A complete and separate traffic control plan for each construction site.
c. The Contractor shall open the driveway approach on Santiago Drive to vehicular
traffic within three (3) days after pouring the P.C.C. the driveway approach.
Forty -eight (48) hours before restricting vehicular or pedestrian access to garages, parking spaces,
sidewalks and easements, the Contractor shall distribute a written notice stating when construction
operations will start and approximately when vehicular and pedestrian accessibility will be restored.
The written notices will be prepared by the Engineer. The Contractor shall insert the applicable dates
and time at the time he distributes the notices. Errors in distribution, false starts, acts of God, strikes
or other alterations of the schedule will require Contractor renotification using an explanatory letter
furnished by the Engineer."
7 -10.5 "No Parking" Signs. The Contractor shall furnish, install, and maintain in place "NO
PARKING - TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall
post at least 48 hours in advance of the need for enforcement. In addition, it shall be the Contractor's
responsibility to notify the City's Police Department, Traffic Division at (714) 644 -3740, for
verification of posting at least 48 hours in advance of the need for enforcement.
The signs shall (1) be made of white card stock; (2) have minimum dimension of 12- inches wide and
18- inches high; and (3) be similar in design and color to sign R -38 of the CalTrans Uniform Sign
Chart.
The Contractor shall print the hours and dates of parking restriction on the "NO PARKING - TOW
AWAY" signs in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed
and approved by the Engineer prior to posting.
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7 -10.6 Street Sweeping Signs. After posting "NO PARKING - TOW AWAY" signs, the
Contractor shall bag or cover street sweeping signs on those streets adjacent to construction in a
manner approved by the Engineer. Immediately after construction is complete, the Contractor shall
remove bag or cover.
7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work,
the Contractor shall possess a General Engineering Contractor "A" License. At the start of work
and until completion of work, the Contractor shall possess a Business License issued by the City
of Newport Beach.
7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. The Contractor shall maintain
books, records, and documents in accord with generally accepted accounting principles and practices.
These books, records, and documents shall be retained for at least three (3) years after the date of
completion of the project. During this time, the material shall be made available to the Engineer.
Suitable facilities are to be provided for access, inspection, and copying of this material.
The stamped set of approved plans and specifications shall be on the jobsite at all times. In addition,
the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of
drawings shall be maintained for this purpose. These drawings shall be up -to -date and so certified by
the Engineer at the time each progress bill is submitted.
Upon completion of the project, the Contractor shall provide "As- Built" corrections upon a copy of the
Plans. The "As- Built" correction plans shalt be verified by the Engineer prior to final payment or release
of any bonds.
7 -17 USE OF PRIVATE PROPERTY ADJACENT TO THE WORK SITE. The Contractor
shall contact adjacent property owners regarding any use of private properties for construction or
storage purposes in relation to the construction of the storm drains. The City has contacted those
property owners adjacent to the project to ask for their support in the project. Of the property
owners contacted by the City, all have given their support to the project and will allow access
through and use of their property; however, the property owner at 108 Kings Place does ask that
potential bidders call before entering the property. The Contractor will thoroughly clean all areas
of adjacent private properties used by him and restore them to their preconstruction condition.
The Engineer will furnish the Contractor a list of names and addresses of adjacent property
owners.
SECTION 9--- MEASUREMENT AND PAYMENT
9 -3 PAYMENT.
9 -3.1 General. Revise paragraph two to read "The unit and lump sum prices include full
compensation for furnishing the labor, materials, tools, and equipment and doing all the work
involved to complete the work included in the Contract Documents. Payment for incidental
items of work not separately listed shall be included in the prices shown for related items of
work."
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9 -3.2 Partial and Final Payment. Add to this section "Partial payments for mobilization
and traffic control shall be made in accordance with Section 10264 of the California Public
Contract Code."
PART 2
CONSTRUCTION MATERIALS
SECTION 201 - -- CONCRETE, MORTAR, AND RELATED MATERIALS
201 -5 CEMENT MORTAR
201 -5.6 Quick Setting Grout. Add to this section "The Contractor shall grout the area
between an existing reinforced concrete structure and a new storm drain pipe with a quick setting
grout."
SECTION 207 -- -PIPE
207 -2 REINFORCED CONCRETE PIPE (RCP)
207 -2.1 General. Add to this section "The Contractor may use reinforced concrete pipe
(RCP) for storm drains, unless otherwise specified. All joints shall be water tight. D- loading
shall be 2000 -D unless otherwise specified "
207 -6 ASBESTOS - CEMENT SEWER AND STORM DRAIN PIPE
207 -6.2 Storm Drain Pipe
207 -6.2.1 General. Add to this section "The Contractor may use asbestos - cement storm
drain pipe (ACP) for storm drains, unless otherwise specified. All joints shall be water tight. D-
loading shall be 3000 -D unless otherwise specified."
207 -13 CORRUGATED ALUMINUM PIPE AND PIPE ARCHES
207 -13.1 General. Add to this section "The Contractor may use 14 gauge corrugated
aluminum pipe (CAP) for storm drains, unless otherwise specified. All joints shall be water
tight. Corrugated aluminum pipe shall have a bituminous coating in accordance with Section
207 - 13.6."
207 -17 PVC PLASTIC PIPE
207 -17.1 General. Add to this section "The Contractor may use polyvinyl chloride pipe
(PVC) for storm drains in accord with the Standard Specifications, unless otherwise specified.
All joints shall be water tight."
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PART 3
CONSTRUCTION METHODS
SECTION 300 - -- EARTHWORK
300 -1 CLEARING AND GRUBBING
300 -1.3 Removal and Disposal of Materials
300 -1.3.1 General. Add to this section "Joins to existing pavement lines shall be at 2 -inch
minimum depth sawcuts. Final removal between the sawcut lines may be accomplished by the
use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on
the job. Final removal accomplished by other means must be approved by the Engineer.
The Contractor shall maintain the job site in a clean and safe condition. The Contractor will
remove any broken concrete, debris or other deleterious material from the job site at the end of
each work day."
SECTION 301 - -- TREATED SOIL, SUBGRADE PREPARATION, AND PLACEMENT
OF BASE MATERIALS
301 -3 PORTLAND CEMENT TREATED MIXTURES
301 -3.1 Soil - cement
301 -3.1.1 General. Add to this section "The storm drain trench shall be cleared of all
vegetation, including roots and root structures and other unsuitable materials.
301 -3.1.2 Materials. Add to this section "The cement shall be Type IM low alkali
portland cement added to suitable onsite or imported soil at the rate of 240 pounds per cubic yard
of soil.
Fresh water shall be added to the soil- cement mixture as necessary to attain maximum compacted
density. Optimum moisture content shall be determined by the Engineer during construction."
301 -3.1.8 Placing, Compacting and Finishing. Add to this section " The contact
between the soil- cement and the existing hillside shall be moistened and dusted with
approximately 1 pound per square yard of dry cement immediately prior to the placement of soil -
cement against the bluff.
Where a layer has become dry the Contractor shall scarify the layer to 1/2 inch minimum depth,
then moisten the surface and dust the scarified surface with approximately 1 pound per square
yard of dry cement immediately prior to the placement of the succeeding layer.
The surface of the trench restoration shall be compacted, shaped, trimmed and finished to a
uniform surface which blends smoothly into the existing hillside."
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SECTION 306 - -- UNDERGROUND CONDUIT CONSTRUCTION
306 -5 ABANDONMENT OF CONDUITS AND STRUCTURES Add to this section "The
Contractor shall fill storm drainpipes to be abandoned with a Class 100 -E -100 slurry." Payment
for abandonment of conduit and structures shall be included in the prices shown for storm drain
replacement."
SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION
308 -4 PLANTING
308 -4.9 Erosion Control Planting. Add to this section "The Contractor shall replant those
areas excavated or damaged, at all construction locations, as a part of his storm drain installation
with trees, shrubs, and ground cover of the same type as those removed. Trees shall be a
minimum of 15 gallon size and shrubs shall be a minimum of 5 gallon size. Ground cover shall
be planted in a maximum of 12 inches apart and in accordance with Section 308 -4.7."
PART 4
SECTION 400 - -- ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE,
PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL
400 -4 ASPHALT CONCRETE
400 -4.1 General. Add to this section "The Contractor shall use Type III -C3 -AR -4000 for
driveway and alley overlay. Joins to existing asphalt pavement and contact surfaces with P.C.C.
shall be tack coated in accordance with Section 302-5.4."
I' I
SECTION 500 - -- PIPELINE SYSTEM REHABILITATION
500 -1 PIPELINE REHABILITATION
500 -1.1 Requirements.
500 -1.1.5 Television Inspection. Add to this section "Closed circuit television (CCTV)
inspection shall be provided by the Contractor before and after installation of the pipe liner. The
cost of television inspection shall be included in the unit price to install the cured -in -place pipe
liner (CIPP)."
500 -1.4 Cured in Place Pipe Liner (CIPP Liner).
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SP 10 of 10
500 -1.4.1 General. Add to this section "The Contractor may install cured -in -place pipe
liner (CIPP Liner) in the storm drain on Kings Place as an alternate to removing and replacing
the existing storm drain. The Cured -in -place pipe liner (CIPP) will be installed from station
(0 +51.6) to station (2 +39.75), Kings Place to Dover Drive. The cost of any point repair shall be
included in the unit price to install cured -in -place liner (CIPP Liner). A March 5, 1993 video
tape of the Kings Place storm drain is available for viewing at the Engineer's office. The
Contractor may also install the CIPP liner by compressing it into a "U" shape, reducing its
outside diameter by 25 to 35 percent, and using a cable to pull it through the storm drain system.
The Contractor may then use the standard pressure heated -water cure method to inflate and cure
the liner."
0
INSTRUCTIONS TO BIDDERS
E
Page 2
The following documents shall be completed, executed and received
by the City Clerk in accordance with NOTICE INVITING BIDS:
PROPOSAL (Page 1)
INSTRUCTIONS TO BIDDERS (Page 2)
DESIGNATION OF SUBCONTRACTORS (Page 3)
BIDDER'S BOND (Page 4)
NON - COLLUSION AFFIDAVIT (Page 5)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES (Page 6)
except that cash, certified check or cashier's check (sum not less
than 10% of the total bid price) may be received in lieu of the
BIDDER'S BOND. The title of the project and the words "Sealed Bid"
shall be clearly marked on the outside of the envelope containing
the documents.
The City of Newport Beach will not permit a substitute format
for the documents listed above. Bidders are advised to review
their content with bonding and legal agents prior to submission of
bid.
BIDDER'S BOND shall be issued by an insurance organization or
surety (1) currently authorized by the Insurance Commissioner to
transact business of insurance in the State of California, and (2)
listed as an acceptable surety in the latest revision of the
Federal Register Circular 570.
The estimated quantities indicated in the PROPOSAL are
approximate, and are given solely to allow the comparison of total
bid prices.
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.
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.
5/91
0
Page 2A
In accordance with the California Labor Code (Sections 1770 et
seq.) , the Director of Industrial Relations has ascertained the
general prevailing rate of per diem wages in the locality in which
the work is to be performed for each craft, classification, or type
of workman or mechanic needed to execute the contract. A copy of
said determination is available in the office of the City Clerk.
All parties to the contract shall be governed by all provisions of
the California Labor Code relating to prevailing wage rates
(Sections 1770 -7981 inclusive).
The Contractor shall be responsible for 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."
All documents shall bear
authorized to sign on behalf of
signatures shall be of a col
authorized by the corporation.
shall be of a general partner.
shall be of the owner.
signatures and titles of persons
the bidder. For corporations, the
7porate officer or an individual
For partnerships, the signatures
For sole ownership, the signature
558420 Class A
Contractor's License No. & Classification
Ace Fence Company
Bidder
9 -12 -95 s /Ameri
Date Authori:
5/91
0 0
Page 3
DESIGNATION OF SUBCONTRACTOR(S)
State law requires the listing of all subcontractors who will
perform work in an amount in excess of one -half of one percent of
the Contractor's total bid. If a subcontractor is not listed, the
Contractor will be responsible for performing that portion of the
work. Substitution of subcontractors shall be made only in
accordance with State law and /or the Standard Specifications for
Public Works Construction, as applicable.
The Bidder, by signing this designation, certifies that bids
from the following subcontractors have been used in formulating the
bid for the project and that these subcontractors will be used
subject to the approval of the Engineer and in accordance with
State law. No changes may be made in these subcontractors except
with prior approval of the City of Newport Beach.
Subcontract Work Subcontractor Address
1 None
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Ace Fence Company
Bidder
5/91
s /America Tang, President
Authorized Signature /Title
Bid Date: 9 -13 -95
Bond# GE5708238
0 0
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS,
Page 4
That we, Ace Fence Company as
bidder, and Gulf Insurance Company , as
Surety, are held and firmly bound unto the City of Newport Beach,
California, in the sum of Twenty -two thousand and 00/100 Dollars
(522.400.00 ),lawful money of the United States for the payment
of which sum well and truly to be made, we bind ourselves, jointly
and severally, firmly by these presents. Penal Sum Not To Exceed Ten
Percent of Total Amount Bid.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH,
That if the proposal of the above bounden bidder for the
construction of Storm Drain Imnrnyements C -9930
(Title of Project and Contract No.) in the City of Newport Beach,
is accepted by the City Council of said City, and if the above
bounden bidder shall duly enter into and execute a contract for
such construction and shall execute and deliver to said City the
"Payment" and "Faithful Performance" contract bonds described in
the Specifications within ten (10) days (not including Saturday,
Sunday, and Federal holidays) after the date of the mailing Notice
of Award to the above bounden bidder by and from said City, then
this obligation shall become null and void; otherwise it shall be
forfeited to the said City.
In the event that any bidder above named executed this bond as
an individual, it is agreed that the death of any such bidder shall
not exonerate the Surety from its obligation under this bond.
IN WITNESS WHEREOF, we hereunto set our hands and seals this
11th day of September , 19 95,
Ace Fence Company
Bidder
s/ Shanna M. Soltani
Notary Public
Commission Expires: 10 -11 -97
5/91
s /America Tang, President
Authorized Signature /Title
SURETY
Gulf Insurance Company
By: s /Rosa Ciccolini
(Attach Acknowledgment
of Attorney -In -Fact)
0 0
Page 5
NON - COLLUSION AFFIDAVIT
State of California )
County o Los Angeles) ss.
f )
America Tang , being first duly sworn, deposes and
says that he or she is President of Ace Fence Company ,
the 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, south 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 that the foregoing is true
and correct.
Ace Fence Company s /America Tang, President
Bidder Authorized Signature /Title
Subscribed and sworn to before me this 12th
19 95
s /Evelyn Estrada
Notary Public
My Commission Expires: 1 -29 -99
5/91
day of September
[SEAL]
i •
Page 6
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
The undersigned submits herewith a statement of the work of
similar character to that proposed herein which he has performed
and successfully completed.
Year For Whom Person Telephone
Completed Performed (Detail) To Contact Number
Ongoing Naval Air Weapons Station Ellen Lowder (805) 989 -1017
Ongoing Canyon Lake P.O.A. Clint Warrell (909) 244 -6841
1995 City of San Gabriel Douglas Benash (818) 308 -2800
1995 Co. of L.A. Parks & Rec. David F. Palma (213) 738 -3046
1995 Burbank Unified S.D. David A. Gott (818) 845 -3469
Ace Fence Company
Bidder
5/91
s /America Tang President
Authorized Signature /Title
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Page 7
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 mailing
Notice of Award to the successful bidder:
PAYMENT BOND (Page 8)
FAITHFUL PERFORMANCE BOND (Page 9)
CERTIFICATE OF INSURANCE (Page 10)
GENERAL LIABILITY INSURANCE ENDORSEMENT (Page 11)
AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT (Page 12)
WORKERS' COMPENSATION INSURANCE CERTIFICATION (Page 13)
CONTRACT (Page 14)
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.
i
Payment and faithful performance bonds,shall be issued by an
insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the
State of California, and (2) listed as an acceptable surety in the
latest revision of the Federal Register Circular 570.
Insurance companies affording coverage shall be (1) currently
authorized by the Insurance Commissioner to transact business of
insurance in the State of California, and (2) assigned
Policyholders' Rating A (or higher) and Financial Size Category
Class VIII (or larger) in accordance with the latest edition of
Best's Key Rating Guide: Property- Casualty. Coverages shall be
provided as specified in the Standard Specifications for Public
Works Construction, except as modified by the Special Provisions.
The Workers' Compensation Insurance Certification shall be
executed and delivered to the Engineer along with a Certificate Of
Insurance for workers' compensation prior to City's execution of
the Contract.
5/91
10/09/1995 10:37 8183337843
EXECUTED IN FOUR COUNTERPARTS
BOND NO.: B95- 013068
PREMIUM INCLUDED
ACE FENCE CO. PAGE 05
•
KNOW ALL MEN BY THESE PRESENTS, that
Page 8
WHEREAS, the City Council of thhe City of Newport Beach, State
of C lif rnia by motion adopted 9(25/95 has awarded
to aAce ence L'ompany hereinafter
designated as the "Principal", a contract forStorm Drain Improvements
(Contract No. 293 ) in
the City of Newport Beach, in strict conformity with the awr ings
and Specifications and other contract docurgents in the office of
the City Clerk of the City of Newport Beach, and all of which are
incorporated herein by this reference;
WHEREAS, said Principal has executed or is about to execute
Contract No. 2930 and the terms thereof require the furnishing
of a bond, provldfn—g- 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, Ace Fence Company
as Principal, and ULICO CASUALTY COMPANY
as Surety, are held firmly bound unto the City of Newport Beach, in
the sum Of ONE HUNDRED SEVENTY NINE THOUSAND 6* Dollars ($179,000.00 ),
said sum being equal to 100% of the estimated amount payable by the
City of Newport Beach under the terms of the contract; for which
payment well and truly made, we bind ourselves, our heirs,
executors and administrators, successors, or assigns, jointly and
severally, firmly by these presents. *NO 1100
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above
bounden Principal or his /her subcontractors, fail to pay for any
materials, provisions, or other supplies, used in, upon, for, or
about the performance of the work contracted to be done, or for any
other work or labor thereon of any kind or for amounts due under
the 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, that the Surety or Sureties will pay for the same, in an
amount not exceeding the sum specified in the bond, and also, in
case suit is brought upon the bond, a reasonable attorney's fee, to
be fixed by the Court as required by the provisions of section 3250
of the Civil Code of the State of California.
5/91
10/09/1995 10 :37 8183337843
• M M�
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PAGE 06
Page 8A
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 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 said Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alterations or additions
to the terms of the contract or to the work to be performed
thereunder or the specifications accompanying the same shall in any
wise affect its obligations on this bond, and it does hereby waive
notice of any such change, extension of time, alterations or
additions to the terms of the contract or to the work or to the
specifications.
In the event that any principal above named executed this bond-
as an individual, it is agreed that the death of any such prifielpai
shall not exonerate the Surety from its obligations undCr this,.
bond.
IN WITNESS WHEREOF, this instrument has been duly executed by
the above named Principal and Surety, on the 9 day of
OCTOBER , 1995.
Ace Fence Company
Name of Contractor (Princ pal)
ULICO CASUALTY COMPANY
Name of Surety
14726 RAMONA AVENUE
uthorized S ature /Title
Author zed Agent Signature
MIKE PARIZINO, ATTORNEY -IN -FACT
CHINO, CA 91710
(909) 393 -4712
Address of Surety Telephone
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
S/W1
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angele
On 10 -9 -95
Date
LJ
before me, Evelyn Estrada
Name and met of OBirar (e.g., "Jane Doe, Notary NNW)
personally appeared America
Names) of Signer(s)
(k 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
his /her /their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
Ft "DADA
_ -s
1050624
';;1, Notcry
1 COUNTY
MyCu:an S:c.:cs JAN 29,1999
WITNESS my hand and official seal.
OPTIONAL
Signature of Notary Puttk
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: payment Bond
Document Date:
10 -9 -95
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
America Tang
❑ Individual
Z Corporate Officer
Title(s): President
❑ Partner — ❑ Limited
❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Ace Fence Company
RIGHT THUMBPRINT
il
Number of Pages: 2
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
Top of thumb here
0 1994 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7183 Prod. No. 5907 Reorder: Call Toll -Free 1 BW -896 -6827
CALIFORNIA ALL- PURPOSOCKNOWLEDGMENT . . s„
State of CALIFORNIA
County of ORANGE
On 10 -9 -95 before me, JANINA BEAUDRY
GATE NAME TmE OF OFFICER • EG..'JNM OOE. NOTAM MALL
personally appeared MIKE PARIZINO
W"M oP yONERIs
❑D 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 ac-
knowledged to me that he /she/they executed
the same in his /her /their authorized
capacity(ies), and that by his /her /their
signature(s) on the instrument the person(s),
., :. or the entity upon behalf of which the
` person(s) acted, executed the Instrument.
u � r
o, � _ ? WITNESS my hand and official seal.
My COW[SSICUJ E-PIR „ „ COUIvey
- ES APRIE 7q ��
$*wTURE OF NOT
OPTIONAL
Though the data below is not required by law, h may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDMDUAL
❑ CORPORATE OFFICER
❑O ATTORNEY-IN -FACT
❑ TRUSTE- EE(s)
❑ GUARDPXCONSERVATOR
❑ OTHER:
DESCRIPTION OF ATTACHED DOCUMENT
TTME OR TYPE OF DOCUMENT
NUMBER OF PAGES
F • � • h 17
SIGNER(S) OTHER THAN NAMED ABOVE
01/I0 F 0004AL NOTARY A330CIAMON • I= Rom~ Aw.. P.O. ft, 7164 - Cr1op, Prot CA 017017164
10 %09/1995 10:37 8183337843
:;::E FENCE CO.
•
EXECUTED IN FOUR COUNTERPARTS
BOND NO.: B95- 013068
PREMIUM: $3,685.00 FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, That
PAGE 03
Page 9
WHEREAS, the city Council of the City of Newport Beach, State
of California, by motion adopted 9/25/95 has awarded
to Ace Fence Company hereinafter
des gnated as the "Principal", a contract for storm U ral Improvements
(Contract No. ) -In
—
the City of Newport Beach, in strict conformity with the Contract,
Drawings and Specifications and other contract documents in the
office of the City Clerk 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. 2930 and the terms thereof require the
furnishing of a bond for the faithful performance of the Contract;
NOW, THEREFORE, we, Ace Fence Company
as Principal, and ULICO CASUALTY COMPANY
as Surety, are held firmly bound unto the City of Newport Beach, in
the sum of ONE HUNDRED SEVENTY NINE THOUSAND & * Dollars ($179,000.00 ),
said sum being equal to 100% of the estimated amount of the
contract, to be paid to the City or its certain attorney, its
successors, and assigns; for which payment well and truly made, we
bind ourselves, our heirs, executors and administrators,
successors, or assigns, jointly and severally, firmly by these
presents. *NO 1100
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above
bounden Principal, its heirs, executors, administrators,
successors, or assigns, shall in all things stand to and abide by,
and well keep truly and perform the covenants, conditions, and
agreements in the Contract 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, and shall indemnify and save
harmless the City of Newport Beach, its officers, employees and
agents, as therein stipulated, then this obligation shall become
null and void; otherwise it shall remain in full force and effect.
As a part of the obligation secured hereby, and in addition to
the fact amount specified in this Performance Bond, there shall be
included costs and reasonable expenses and fees, including
reasonable attorneys fees, incurred by the City, in the event it is
required by bringing any action in law or equity to enforce the
obligations of'this Bond.
Surety, for value received, stipulates and agrees that no
change, extension of time, alterations or additions to the terms of
the contract or to the work to be performed thereunder or to the
specifications accompanying the same shall in any wise affect its
srv+
10109/1995 10:37
8183337843
ACE FENCE CO.
•
PAGE 04
Page 9A
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)
�.. L1.., r..1 i.......y �. \... .1�L� ...r G....n..! ......._,. a......... yr bl.e liv)C�.L NY
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 obligatiops under this -bond.
IN WITNESS WHEREOF, this instrument has been duly eXacuted•bj,
the Principal and Surety above named, on the 9 T day -of
OCTOBER , 19 95 . -
Ace Fence Company
Name of Contractor (Principal)
ULICO CASUALTY COMPANY
Name of Surety
14726 RAMONA AVENUE
CHINO. CA 91710
Address of Surety
Ailthorized Slq attire /Title
A�zzed�s gnature
MIKE PARIZINO, ATTORNEY -IN -FACT
(909) 393 -4712
Telephone
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED-
5/91
CALIFORNIA ALL•PURPORACKNOWLEDGMENT
State of California
County of Los Angeles
f`J
On 10 -9 -95 before me, Evelyn Estrada
Date Name and Title of Officer (e.g., -Jane Doe, Notary Public)
personally appeared America Tang
Name(s) of signer(s)
CNersonally 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),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
EVELVN EST.
COMM. s 11'624 WITNESS m hand and official seal.
ShMif lic — Cclifa is Y LOS ANGELES COU Comm. Eiq*ee JAN 29,1999
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: Faithful Performance Bond
Document Date: 10 -9 -99 Number of Pages: 9
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
America Tang
❑ Individual
El Corporate Officer
Title(s): President
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
■
■
■
■
Signer Is Representing:
Ace Fence Company
RIGHT THUMBPRINT
OF SIGNER
Signer's Name:
❑ Individual
❑ Corporate Officer
■
■
■
■
■
Title(s):
Partner —❑ Limited
Attorney -in -Fact
Trustee
❑ General
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
LN
0 1990 National Notary Association • 8236 Rommel; Ave.. P.O. Bo r 7184 • Canoga Pah. CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1. 800.876.6827
CALIFORNIA ALL- PURPOSOGKNOWLEDGIuIENT • 1A.6/w
State of CALIFORNIA
County of ORANGE
On 10 -9 -95 before me, JANINA BEAUDRY
DATE NAME TITLE OF OFa10ER - l.G_'UNE DOE NOTARY Fu6uC
personally appeared MIKE PARIZINO
NAhlem OF 9GNER161
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 ac-
knowledged to me that he /she/they executed
the same in his /her /their authorized
capacity(ies), and that by his /her /their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
J person(s) acted, executed the instrument.
c ,
Ida ert)Ry—
;nJA Z WITNESS my hand and official seal.
rArr c; -., 'ap1Gf cou n
;�PPLL 24, 1 6
$iONANRE OF NOTARY
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 torn.
CAPACITY CLAIMED BY SIGNER
■
❑ PARTNER(S) ❑ L mmm
❑ GENERAL
o ATTORNEY-IN -FACT
❑ TRUSTEEM
❑ ATOR
❑ OTHER
SIGNER E REPRESEttTSV
MAIN OFMAGONt61ONG r IFFM
DESCRIPTION OF ATTACHED DOCUMENT
TrrLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
_. SIGNER(S) OTHER THAN NAMED ABOVE
01=1 NATIONAL NOTOW ASSOCIATION - 62]6 ftm W AN.. P.O. 6" 7104 - C&rop. P&a CA 913OW7164
0 ULICO 0
CASUALTY COMPANY
11 I Massachusetts Avenue, N.W. Washington, DC 20001
■ o ■ ■ e 046
POWER OFATTORNEY
Know Aft Men By These Presents: That Ulico Casualty Company, A Delaware Corporation, having its principal office in Washington, DC, pursuant to the
following resolution, adopted by the Board of Directors of the Corporation effective on the 28th day of January, 1993:
RESOLVED: 'That the Chairman and Chief Executive Officer be, and hereby is, authorized to execute Powersof- Attorney, qualifying the attorney named in the
Powersof-Attorney to execute on behalf of the Corporation contract bonds and other related surety bonds, and to attach thereto the corporate seal of the
Corporation, in the transaction of its surety business.'
RESOLVED: 'That the signatures and attestations of such officers and the seal of the Corporation may be affixed to any such Power-of-Attorney or to any
certificate relating thereto by facsimile, and any such Power-of Attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and
binding upon the Corporation when so affixed with respect to any contract bond or other related surety bond to which it is attached."
This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution.
DOES HEREBY MAKE, CONSTITUTE AND APPOINT.. lames W Moilanen, Mike Parizino, Margareta T. Hied, Mechelle Hua, Judith K. Cunningham, and
John M. Garrett of Willis Corroon Corporation of Orange County, in Santa Ana, in the State of California, its true and lawful Attorney(s) -in -Fact with full
power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and deliver in its behalf, and as its act and deed,
without power of redelegation, as follows:
Contract bonds and other related surety bonds: IN AN AMOUNT NOT TO EXCEED THREE MILLION (§3,000,000.00) DOLLARS, to bind Ulico Casualty
Company thereby as fully and to the same extent as if such bond was signed by the duly authorized officers of Ulico Casualty Company, and all the acts of said
Attorney(s)-in -Fact pursuant to the authority herein given are hereby ratified and confirmed.
In Witness Whereof, Ulico Casualty Company of Dover, Delaware, has caused this Power of Attorney to be signed by its Chairman and Chief
Executive Officer and its Corporate seal to be affixed this 27th day of July 1995.
This Power of Attorney is void unless the seal is readable, the text is in black ink, the signatures are in black ink, this notice is in
red ink, and if attached to a document executed subsequent to January 1, 1999.
Ufico C , uaIty
SJPLT \Y
o `oPV OAS •-n-�
District of Columbia ss: SEA
Iu ° L ? B
of Robert A. Georgme, Chairman and Chief x utive Officer
c�w>
On this 27th day of July 1995, before the subscriber, a Notary- Pabhtf of the District of Columbia, duly commissioned and qualified, came Robert A.
Georgine of Ulico Casualty Company to me personally known to be the individual and officer described therein, and who executed the preceding
instrument, and acknowledged the execution of the same, and being by me duly sworn, deposed and said, that he is the officer of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of the Company, and the Corporate Seal and signature as an officer were duly
affixed and subscribed to the said instrument by the authority and direction of the Corporation, and that the resolution of the Company, referred to in the
preceding instrument, is now in force.
In Testimony Whereof, I have hereunto set my hand, and affixed my official seal at Washington, DC the day and year above written.
(rPUBLIG By. A Notary Public Brown Aisontooks
My Commission Expire,. dill y i!
oc Nowy
CERTIFICATION My Commission Expins Apra 14, 10
I, Joseph A. Carabillo, Assstant Secretary of Ulico Casualty Company of Dover, Delaware, do hereby certify that the foregoing Resolution adopted by the
Board of Directors of this Corporation and the Powers of Attorney issued pursuant thereto, are true and correct, and that both the Resolution and the Powers of
Attorney are in full force and effect.
In Witness Whereof, have hereunto set my hand and affixed the seat if the corporation this 9 d y f
OCTOBER 199 5
446*;`1 E-0 4 R AL l/
By:
\_ef s. T Jqe h A. Carabillo, st'arrt ecr
�FtnW �P
®�em
UC &102-POAI (09/94)
0 Page 10
R^ T 4�4'S9 "d gkwl Y`
9xii'1'iY': "�Y�, •. ]0 23/95
PRODUCER
COMPANIES AFFORDING COVERAGE
Baratto, Sullivan & Co., Inc.
COMPANY Safeco Ins Co of America
Steve Petrillo, Agent
LETTER
1765 Goodyear Avenue, Suite 207
COMPANY $
Ventura, CA 93003 805 650 9690
Mercury Casualty
LETTER y y
INSURED
COMPANY C
America Tang, Inc.,
LETTER
COMPANY
D
DBA: Ace Fence. Company
15135 Salt Lake Avenue
LETTER
COMPANY E
City of Industry, CA 91746
����.
,:�-.oe w,. ", S,
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REOUIREMENT, 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 AND IS NOT AMENDED, EXTENDED OR ALTERED BY THIS CERTIFICATE.
00
LTR
TYPE OF INSURANCE
POLICY
NUMBER
EFFECTIVE
DATE
EXPIRATION
DATE
ALL LIMITS IN THOUSANDS
GENERAL LIABILITY
(OCCURENCE BASIS ONLY)
GENERAL AGGREGATE
$ 1,000,
COMMERCIAL
COMPREHENSIVE
TM
10/23/95
10/23/96
PRODUCTSICOMPLETED
OPERATIONS AGGREGATE
$ 1,000,
OWNERS &CONTRACTORS
SL4311636
PERSONAL INJURY
$1,000,
PROTECTIVE
CONTRACTUAL FOR SPECIFIC
CONTRACT
EACH OCCURENCE
$ 1,000,
A
PRODUCTS/COMPLETEDOPERATION
XCU HAZARDS
BROAD FORM PROPERTY DAMAGE
SEVERABILITY OF INTEREST CLAUSE
FIRE DAMAGE
$ rj
P. I. WITH EMPLOYEE EXCLUSION
(ANYONE FIRE)
MEDICAL EXPENSES
$ 5,
REMOVED
MARINE
(ANY ONE PERSON)
AUTOMOBILE LIABILITY
SINGLLELIMIT
$ 1,000,
B
ANY
BODILY INJURY
$
{
L OWNED AUTOS
(PER PERSON)
SCHEDULED AUTOS
BODILY INJURY
$
HIRED AUTOS
AC1100487
6/18/9
6/18/96
(PER ACCIDENT)
PROPERTY
$
NON -OWNED AUTOS
GARAGE LIABILITY
DAMAGE
EXCESS LIABILITY
EACH
AGGREGATE
RENO
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
$
WORKERS' COMPENSATION
T$jEACHAOCIDENT
&
SE - POLICY LIMIT
EMPLOYERS' LIABILITY
DISEASE-EACH EMPLOYEE
OTHER
DESCRIPTION OF OPERATIONS, LOCATIONS /VEHICLES /RESTRICTIONS /SPECIAL ITEMS: ALL OPERATIONS PERFORMED FOR THE CITY OF
NEWPORT BEACH BY OR ON BEHALF OF THE NAMED INSURED IN CONNECTION WITH, BUT NOT LIMITED TO THE FOLLOWING CONTRACT: ,
Storm Drain Improvements C -2930
PROJECT TTITE AND CONTRACT NUMBER
CEP,TIFIPMHOLDEkWl °k,'
ADDITIONALLY INSURED
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NON - RENEWED, CANCELLED OR
CITY OF NEWPORT BEACH
COVERAGE REDUCED BEFORE THE EXPIRATION DATE THE COMPANY AFFORDING
P.O. BOX 1768
COVERAGE SHALL PROVIDE 30 DAYS MINIMUM ADVANCE NOTICE TO THE CITY OF
330D NEWPORT BOULEVARD
NEWPORT BEACH BY FIRST CLASS MAIL.
NEWPORT BEACH, CALIFORNIA 92658 -8915
Ptw,(,B+ 10/23/95
ATTENTION: Stephen Luy
,[.i
AUTHORED REPRESENTATIVE ISSUE DATE
0
Page 11
GENERAL LIABILITY INSURANCE ENDORSEMENT
It is agreed that:
1. With respect to such insurance as is afforded by the policy
for General Liability, the City of Newport Beach, its officers
and employees are additional insureds, but only with respect
to liability arising out of operations performed by or on
behalf of the named insureds in connection with the contract
designated below or acts and omissions of the additional
insureds in connection with its general supervision of such
operations. The insurance afforded said additional insured(s)
shall apply as primary insurance and no other insurance
maintained by the City of Newport Beach shall be called upon
to contribute with insurance provided by this policy.
2. The policy includes the following provision:
"The insurance afforded by the policy applies
separately to each insured against whom claim
is made or suit is brought, except with
respect to the limits of liability of the
company affording coverage.
3. The insurance afforded by the policy for Contractual Liability
Insurance (subject to the terms, conditions and exclusions
applicable to such insurance) includes liability assumed by
the named insured under the indemnification or hold harmless
provision contained in the written contract designated below,
between the named insured and the City of Newport Beach.
4. With respect to such insurance as is afforded by this policy,
the exclusions, if any, pertaining to the explosion hazard,
collapse hazard and underground property hazard (commonly
referred to as "XCU" hazards) are deleted.
5. The limits of liability under this endorsement for the
additional insured(s) named in Paragraph 1 of thi's endorsement
shall be the limits indicated below written on an "Occurrence"
basis:
(X) Commercial (X) Comprehensive
General Liability $ 11000,000 each
11000,000 aggregate
The applicable limit of Contractual Liability for the company
affording coverage shall be reduced by any amount paid as
damages under this endorsement in behalf of the additional
insured(s).
5 /9:
r]
Page 11A
The limits of liability as stated in this endorsement shall
not increase the total liability of the company affording
coverage for all damages as the result of any one occurrence
in-- excess of the limits of liability stated in the policy as
applicable to General Liability Insurance.
6. Should the policy be non - renewed, canceled or coverage reduced
before the expiration date thereof, the Issuing Company shall
provide 30 days' advance notice to the City of Newport Beach
by registered mail, Attention: Public Works Department.
7. Designated Contract: Storm Drain Improvements C -2930
Project Title and Contract No.
This endorsement is effective 10/23/95 at 12:01 a.m.
and forms a part of Policy No.SL4311636 of a eco ns Co of America
(Company Affording Coverage).
Insured: America Tang, Inc., DBA: Endorsement No.: 1
Ace Fence Company
ISSUING COMPANY
Safeco Ins Co of America
By: �4 z_ J
Authorized Representative
Steve Petrillo
5/91
0
0
Page 12
AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT
It is agreed that:
1. With respect to such insurance as is afforded by the policy
for Automobile Liability, the City of Newport Beach, its
officers and employees are additional insureds, but only with
respect to liability for damages arising out of the ownership,
maintenance or use of automobiles (or autos) used by or on
behalf of the named insured in connection with the contract
designated below. The insurance extended by this endorsement
to said additional insured does not apply to bodily injury or
property damage arising out of automobiles (1) owned by or
registered in the name of an additional insured, or (2) leased
or rented by an additional insured, or (3) operated by an
additional insured. The insurance afforded said additional
insured(s) shall apply as primary insurance and no other
insurance maintained by the City of Newport Beach shall be
called upon to contribute with insurance provided�'by this
policy.
2. The policy includes the following provision:
"The insurance afforded by the policy applies
separately to each insured who is seeking
coverage or against whom a claim is made or
suit is brought, except with respect to the
limits of liability of the company affording
coverage."
3. The limits of liability under this endorsement for the
additional insureds named in Paragraph 1. of this endorsement
shall be the limits indicated below for either Multiple Limits
or Single Limit:
5/91
( ) Multiple limits
Bodily Injury Liability
Bodily Injury Liability
Property Damage Liability
( 3 Combined Single Limit
Bodily Injury Liability &
Property Damage Liability
H
R
1.i.s 1u
per person
per accident
The limits of liability as stated in this endorsement shall
not increase the total liability of the company affording
coverage for all damages as the result of any one accident or
occurrence in excess of the limits of liability stated in the
policy as applicable to Automobile Liability Insurance.
• .
• 0
Page 12A
** A3ENr K[rL
4. Should the policy be non - renewed, canceled or coverage reduced *_ *_ NOMY
before the expiration date thereof, the Issuing Company shall
provide 30 days' advance notice to the City of- Newport Beach
by registered mail, Attention: Public Works Department.
5. Designated Contract: Storm Drain Improvements C -2930
Project Title and Contract No.
This endorsement is effective 10/05/95 at 12:01 a.m.
Policy No. p(! 11 OD4874 of .; WMW 7Ug77MTV 0211 _
(Company Affording Coverage).
a. tr• r
�FA: ACE FENM ••
eMrN MM MS . 02. •, •
ISSUING r•I!
By: �1PJ�11�
Authorized Representative
5/91
* *- Endorsement No.: WA
ti
*does not form a part of to policy but is honored by the company
0
Page 13
WORKERS' COMPENSATION INSURANCE CERTIFICATION
"I am aware of the provisions of Section 3700 of the Labor Code
which require every employer to be insured against liability for
workers' compensation or to undertake self- insurance in accordance
with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this
contract."
10 -9 -95 Ace Fence Company
Date Name of Contractor (Principal)
America Tang
C -2930 �,
Contract Number t hori.zed Si ature and Title
Y
5/91
Storm Drain Improvements
Title of Project
Page 14
pk�s7.%lI
THIS AGREEMENT, entered into this 9th day of October �
1995, by and between the CITY OF NEWPORT BEACH, hereinafter "City,"
and Ace Fence Company , hereinafter
"Contractor," is made -with reference to the following facts:
A. City has heretofore advertised for bids for the following
described public work:
Storm Drain Improvements C -2930
Title of Project Contract No.
B. Contractor has been determined by City to be the lowest
responsible bidder on said public work, and Contractor's
bid, and the compensation set forth in this contract, is
based upon a careful examination of all plans and
specifications by Contractor,
NOW, THEREFORE, the parties hereto agree as follows:;
1. Contractor. shall furnish all materials and perform all of
the work for the construction of the following described
public work:
Storm Drain Improvements C -2930
Title of Project Contract No.
which project is more fully described in the contract documents.
Contractor shall perform and complete this work in a good and
workmanlike manner, and in accordance with all of the contract
documents.
2. As full compensation for the performance and completion
of this work as prescribed above, City shall pay to
Contractor the sum of nna Hun(lrarl Savantv_Ni nc Thnucnnei nnl l nr
(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.
5/91
i •
Page 14A
3. All of the respective rights and obligations of City and
Contractor are set forth in the contract documents. The
contract documents are incorporated herein by reference
as though set out in full and include the following:
(a) Notice Inviting Bids
(b) Instructions to Bidders and
therein
(c) Payment Bond
(d) Faithful Performance Bond
(e) Certificate of Insurance and
(f) Plans and Special Provisions
documents referenced
Endorsement(s)
for Storm Drain Improvements
0
Title of Project Contract No.
(g) This Contract
(h) Standard Specifications of Public Works
Construction (current Edition) and all supplements
4. Contractor shall assume the defense of, pay all expenses
of defense and hold harmless, City and its officers,
employees and representatives from all claims, loss or
damage, injury and liability of every kind, nature and
description by reason of or arising out of the negligent
or willful conduct of the Contractor, his /her employees,
agents and subcontractors in the performance of the
Project, except such loss or damage caused solely by the
active negligence of City or its officers, employees and
representatives.
IN WITNESS WHEREOF, the parties hereto have caused this
contract to be executed the day and year first written above.
FORM: APPRO TO
W. / %,�
d.
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Mayor
Ace Fence Company
Name of Contractor
America Tang
President
Au orized Si nature and Title
LJ
•
0
0
NCIL
VP 7. 51995
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
September 25, 1995
CITY COUNCIL AGENDA
ITEM NO. 8
SUBJECT: STORM DRAIN IMPROVEMENTS ALONG BAYSIDE DRIVE, SANTIAGO DRIVE,
OCEAN BOULEVARD AND KINGS PLACE, CONTRACT NO. 2930
RECOMMENDATION:
Consent to relieve Ace Fence Company of their apparent low Total Bid Price
for Alternative B because of a significant clerical error in their bid tabulation.
2. Award Contract No. 2930 to Ace Fence Company for the Total Bid Price of
$179,000.00 for Alternative A, and authorize the Mayor and the City Clerk to
execute the contract.
3. Establish a 10% construction contingency account.
DISCUSSION:
At 11:00 A.M. on September 13, 1995, the City Clerk opened and read the following
bids for this project:
Bidder
Low
Ace Fence Company
2
Gillespie Construction Inc.
3
Zaich Construction Inc.
4
Mitchell Pacific Constructors, Inc.
5
Robert G. Castongia Inc.
Alternate A
Alternate B
$179,000.00
$168,700.00
$196,880.00*
$234,810.00*
$253,300.00
$281,750.00
$339,685.00
$350,150.00
$351,900.00
$367,800.00
*Corrected Total Bid Prices are $196,830.00 (Alt. A) & $234,760.00 (Alt. B).
The low bidder is 12% above the Engineer's estimate of $160,000 for Alternate A.
Alternate A specifies the removal and replacement of a substantial portion of the Kings Place storm
drain pipe, plus work at other sites mentioned below. Alternate B calls for the placement of a
cured -in -place pipe (CIPP) liner within the Kings Place storm drain pipes, plus the work at other
sites.
The low bidder, Ace Fence Company, has requested to be relieved of their bid for Alternate
B (see attached letter). They contend that their Bid Item No. 25, to install the Kings Place CIPP
liner, has a significant clerical error. From reviewing the other bidders' Item No. 25, Ace's bid at
$1,000 is significantly below the average of $45,700 of the other bidders. It's apparent to City staff
that the $1,000 was for pipe cleaning only, and that the expensive CIPP liner cost was inadvertently
omitted. Accordingly, staff recommends that the City Council consent to relieve Ace of their low bid
for Alternate B, and that the award be made to Ace based upon the bid submitted for Alternate A.
This bid is substantially lower that either bid of the second low bidder.
(m)
i • `
SUBJECT: STORM DRAIN IMPROVEMENTS ALONG BAYSIDE DRIVE, SANTIAGO DRIVE, OCEAN BOULEVARD AND
KINGS PLACE, CONTRACT NO. 2930
September 25, 1995
Page 2
Ace Fence Company, the low bidder, has not performed previous contract work for
the City. However, a check with their experience references and the State Contractor's License
Board has shown that Ace Fence Company has successfully completed basic storm drain projects •
for other southern California agencies and has no pending actions detrimental to their contractor's
license, respectively.
This contract provides for replacement of deteriorated storm drains along Bayside
Drive, Ocean Boulevard and Kings Place. The existing corrugated metal hillside storm drains are
rusted through to perforation, thus allowing drainage waters to exfiltrate into the adjacent hillside.
Staff feels that the pipe should be replaced, since the exfiltration could lead to a failure of the
hillside.
The project also calls for extending a storm drain along Santiago Drive. During
recent periods of intense rainfall, runoff waters have flowed over the curb and onto properties
adjacent to the street. This new drainage extension should eliminate any future flooding problems.
Funds to award the contract and to set aside a 10% contingency amount to pay for
unanticipated work are available in the following appropriations:
Description Account No. Amognt
Storm drain Improvement Program 7012C5100008 $32,608.00 •
Kings Road /PCH /Dover Drive 7012C5100009 $67,330.00
Storm Drain Replacement
Bayside Drive Storm Drain Replacement 7012C5100012 $59,962.00
3415 Ocean Blvd Storm Drain Replacement 7012C5100275 $37,000.00
---------------
Total $196,900.00
The plans and specifications were prepared by the Public Works Department. All
work should be completed by December 31, 1995.
Respectfully submitted,
6: )
PUBLIC WORKS DEPARTMENT •
Don Webb, Director
By
Steve L y
Project Engineer
Attachment
I�CO
• d�f 1iF
P
l
G
Pi OJECT
O
PROJECTS (5)
tq4
PACIFIC COAST HIGHWAY
Pa ' �
CtFrC
PROJ£
cGASr �'
ttr
SAY
F
m
ga
O
DRII$
,I
w��
Z�
a
I�
/ C -2930
CITY OF NEWPORT BEACH DRAWN SJ-1— DATE 7' 9
PUBLIC WORKS DEPARTMENT APPROVED
--9
STORM DRAIN RE, PLAMENT AT KINGS PL., STFPHE LDY
ICINGS RD., OCEAN BLVD,.SANTIAGO DR. PROJECT ENGINEER "
AND BAYSIDE DR. DRAWING NO. EXHIBIT "A"
,,..2671995 13:bJ Uldi ild4.i Hl.t rtNl, UU.
4%l ACE FENCE COMPANY
15135 Salt Lake Avenue
City of 3 Industry, California 91746
FAX:( 18)333
FAX:(818)333 -7843
•
September 20, 1995
City of Newport Beach
3300 Newport Beach B1.
Newport Beach, CA 92658
Attn: Mr. Stephen Luy
Ref: Storm Drain Project No. 2930
Dear Mr. Luy:
Pursuant to our conversation we hereby ask to be ralievod of
bid for AlteraAte D of the Storm Dula PtujecL Nu. C -2930. I
has a significant clerical error. The amount shown was for
cleaning only and did not include the installation of the Cu
in Place Pipe (CIPP).
Sincerely,
America an
President
GL q
4{
i
0
TO: MAYOR AND MEM
FROM: PUBLIC WORKS DEPARTMENT
July 10, 1995
CITY COUNCIL AGENDA
ITEM NO. 17
UNCIL
SUBJECT: STORM DRAIN IMPROVEMENTS ALONG BAYSIDE DRIVE, SANTIAGO
DRIVE, OCEAN BOULEVARD, KINGS ROAD AND KINGS PLACE
(C -2930)
RECOMMENDATION:
1. Affirm the Categorical Exemption of Environmental Impact
2. Approve the plans and specifications.
3. Authorize Staff to advertise for bids.
DISCUSSION:
This contract provides for removing and replacing deteriorated storm
• drains and installing a new storm drain and catch basin within the areas shown on the
attached Exhibit "A ".
This project provides for the replacement of deteriorated storm drains
along Bayside Drive, Ocean Boulevard, Kings Road and Kings Place. These existing
hillside storm drains are perforated and allow runoff waters to flow into the adjacent
hillside. Failure to control the runoff waters may lead to a failure of the hillside.
This project also provides for extending a storm drain along Santiago
Drive. During periods of intense rainfall, runoff waters have flowed over the curb onto
properties adjacent to the street. This new drainage extension should eliminate any
future flooding problems.
The estimated cost of the work is $215,000. Sufficient funds to award this
amount are available in the Fiscal Year 1995 -96 appropriations for the Storm Drain
Improvement Program, Kings Rd. Storm Drain, from Pacific Coast Highway to Dover
Drive, and Bayside Drive Storm Drain replacements.
• The plans and specifications were prepared by the Public Works
Department. Work will not begin until September 10, 1995, along Ocean Boulevard
and Pacific Coast Highway. All work should be completed by mid - December.
on Webb
Public Works Director
Attachment
(�38�
Authorized to Publish Advertisements of all kinds *ding public notices by
Decree of the Superior Court of Orange County, California. Number A•6214,
September 29, 1961, and A•24831 June 11, 1963.
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) SS.
County of Orange )
I am a Citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years, and not a party to
or interested in the below entitled matter. I
am a principal clerk of the NEWPORT
BEACH -COSTA MESA DAILY PILOT, a
newspaper of general circulation, printed and
published in the City. of Costa Mesa, County
of Orange, State of California, and that
attached Notice is a true and complete copy
as was printed and published on the
following dates:
August 29, 1995
September 4, 1995
I declare, under penalty of perjury, that the
foregoing is true and correct.
Executed on September 4 1 199 5
at Costa Mesa, California.
Signature
g
8ce
by the
-'CM
10th day c
Ea' RaS&
Newport Beach, CA 926:
8915.
For :.further fnfmmatic
ca1l`BtePhen'Luy' :&1 &
333o.
Published NewPO
Bea6h-Costa Meta De
Pilot _ August 29, Septemt
4. 1$85..
.Q&
NOTICE TO
_REpp C GOE015
(- HRC
Stop Notice L..JAMN ' 21996
CALIFORNIA CIVIL CODE SECTION 310 PuetW WADVO
pvame oi uonsirucnon c.enaer, ruoac noay or uwnep
3300 NEWPORT BOULEVARD, NEWPORT BEACH CA 92663
(If Private Job — file with responsible officer or person at office or branch of construction lender administering
the construction funds or with the owner — CIVIL CODE SECTIONS 3156 - 3175)
(If Public Job — file with office of controller, auditor, or other public disbursing officer whose duty it is to make
payments under provisions of the contract — CIVIL CODE SECTIONS 3179 - 3214)
Prime Contractor: ACE FENCE CO.
Sub Contractor (If Any) GOLDEN MEADOWS CONSTRUCTION
CITY OF NEWPORT BEACH
Owner or Public Body:
Improvement known as STORM DRAIN IMPROVEMENTS CONTRACT 2930 ..
(Name and address of project or work of improvement)
in the City of NEWPORT BEACH , County of ORANGE
State of California.
HOLLIDAY ROCK CO., INC. , Claimant, a CORPORATION
(Claimant) (Corporation /ParMership /Sole Proprietorship)
furnished certain labor, service, equipment or materials used in the above described work of improvement.
The name of the person or company by whom claimant was employed or to whom claimant furnished labor,
service, equipment, or materials is pn�
GOLDEN MEADOWS 11?6Q�I �i S3d1CQ6V,tor)Cantractar /Owner - Builder)
The kind of labor, service, equipment, or materials furnished or agreed to be furnished by claimant was
READY MIX CONCRETE, ROCK, SAND AND OR RELATED PRODUCTS
Total value of labor, service, equipment, or materials agreed to be furnished......... $802 -60
Total value of labor, service, equipment, or materials actually furnished is............ $802.60
Credit for materials returned, if any ............................... ............................... $ NONE
Amount paid on account, if any .................................... ............................... $ NONE
Amount due after deducting all just credits and offsets ...... ............................... $802.60
YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project
to satisfy claimant's demand in the amount of $ 802.60 and in addition thereto sums sufficient
to cover interest, court costs and reasonable costs of litigation, as provided by law.
A bond (CIVIL CODE SECTION 3083) IS NOT attached. (Bond required with Stop
(is /is not)
Notice served on constructions lender on private jobs — bond not required on public jobs or on Stop Notice
served on owner on private jobs).
Date 4ANUARY 8, 1996 Name of Claimant HOLLIDAY ROCK CO. INC.
/Firm e
O 2193 W. FO LL BIND.
(Mailing Add ss)
UPJ.A1J1K ICA,A 917
U B
W y gnature)
115 C) d r _ VIC PRE I N
WO mCJ
Ca CD ❑ n curl Capacit
VERIFICA ION l
I, the undersigned, state: I am the VICE PRESIDENT- -
/'Agent of" "President of': 'A Partner of; "Owner of ", etc.)
the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know the contents
thereof, and I certify that the same is true of my own knowledge.
I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing
is true and correct. _
Executed on JANUARY 8 ,
State of CALIFORNIA
REQUEST FOR NOTICE OF E
(Private Works Only)
If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond
having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and
a copy of the bond within 30 days of s c t in the enclosed preaddressed stamped envelope to
the address of the claimant show ove. Thi 'formation must be provided by you under Civil Code
Sections 3159, n6a l -
Signed: