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HomeMy WebLinkAboutC-3050 - River Avenue Water & Sewer Main Replacement ProjectMay 6, 1996 6 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 Highland Engineering 2432 W. Peoria Ave., Phoenix, AZ 85029 Subject: Surety (714) 644 -3005 Suite 1203C Bond No.: Contract No.: Project: Contractors Bonding and Insurance Company CB2963 C -3050 River Avenue Water and Sewer Main Replacement On March 11, 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 April 1, 1996, Reference No. 19960157172. Sincerely, LaVonne M. Harkless, CMC /AAE pxiJ City Clerk LH:lm cc: Utilities Department 3300 Newport Boulevard, Newport Beach RECORDING REQUE: *BY AND WHEN RECORDED RETURN TO: City Clerk/.6�) dR1 City of Newport Beach 3300 Newport Boulevard Newport BB Recorded in the county of orange, California Gary L.. Granville, Clerk/Recorder 11111119111111111111111111UIIIIIIIIflllllllll111111111111111111 No Fee 19960157172 10;40am 04/01/96 508 9005938 09 30 NQ 1 0 7.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Highland Engineering as Contractor, entered into a Contract on September 25, 1995 Said Contract set forth certain improvements, as follows: River Avenue Water and Sewer Main Replacement Project C -3050 Work on said Contract was completed on February 6, 1996 , and was found to be acceptable on March 11, 1996 by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Contractors Bondina and BY `6S.xY L— / --� Public Works Director City of Newport Beach VERIFICATION l I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on )X cr � -all, /q?( , at Newport Beach, California.J'ai �Zr City Clerk cq < /cn Ft N �P� L� a 0 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: NOTICE OF COMPLETION -RIVER AVENUE MAIN REPLACEMENT PROJECT CONTRACT NO. C -3050 RECOMMENDATIONS: 1. 2. 3. March 11, 1996 CITY COUNCIL AGENDA ITEM NO. 16 MAR I I Accept the work. I MF F RU v Lu Authorize the City Clerk to file a Notice of Com' pletion. 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 construction of the River Avenue Water and Sewer Main Replacement Project has been completed to the satisfaction of the Public Works Department. The contractor was Highland Engineering of Phoenix, Arizona. . The bid price was $ 415,510.00 Amount of change orders $ 97,320.00 Total contract cost $ 512,830.00 Funds for the project were budgeted in the following accounts: Description Account Number Amount River Avenue Water and Sewer Main Replacement 7501- C5500288 $ 170,000.00 River Avenue Sewer Main Replacement 7531- C5500288 $287,000.00 Street Rehabilitation Program 7181- C5500288 $55.830.00 Total Budgeted Amount: $512,830.00 A total of six (6) change orders were issued to complete the project. The majority of the Change Orders dealt field changes initiated by the City. 1. 2. 3. 4. 5. • 6. $9,000.00 provided for additional grinding. $63,945.00 for additional concrete paving, which included $50,000.00 approved by Council at the time of award. $4,000.00 for additional asphalt paving. $4,320.00 for asphalt overlay. $10,753.00 for quantity adjustments and Via Lido repair work. $5,302.00 for final quantity adjustment for additional pavement and curb. Page 2 River Avenue Water and Sewer Main Replacement Project Notice of Completion C -3050 March 11, 1996 . The scheduled completion date was December 26, 1995. This schedule was revised to account for additional paving efforts adding an additional 40 days to the overall schedule. The revised completion date was February 5, 1996. The contractor completed 13 days ahead of the revised schedule. The change orders mostly centered around additional pavement replacement which was completed during this project to minimize disruption to the community. Respectfully submitted, 0i . PUBLIC WORKS DEPARTMENT Don Webb, Director By: Michael J. Sinacori, P. E Utilities Engineer MJSaam r 1 It` J 0 6 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 TO: PURCHASING /ADMINISTRATIVE SERVICES DEPARTMENT FROM: CITY CLERK DATE: November 6, 1995 SUBJECT: Contract No. C -3050 Description of Contract River Avenue Water and Sewer Main Replacement Project Effective date of Contract September 25, 1995 Authorized by Minute Action, approved on September 25, 1995 Contract with highland Engineering Address 2432 W. Peoria Ave., Suite 1203C Phoenix. AZ 85029 Amount of Contract $415,510.00 Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach 9 NOTICE INVITING BIDS 0 Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Post Office Box 1768, Newport Beach, California 92658 -8915 until 2.00 o'clock p.m. on 3rd day of August, 1995, at which time such bids shall be opened and read for: RIVER AVENUE WATER AND SEWER MAIN REPLACEMENT PROJECT Title of Project t ContractNo. t Engineer's Estimate e Approved by the City Council this 26th day of June, 1995 i Wanda E. Ragg)6� City Clerk Prospective bidders may obtain one set of contract documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, Post Office Box 1768, Newport Beach, California 92658 -8915 For further information, call Michael Sinacori at 644 -3011. Project Manager CITY CLERK COPY CITY OF NEWPORT BEACH UTILITIES DEPARTMENT RIVER AVENUE WATER AND SEWER MAIN REPLACEMENT PROJECT CONTRACT NO. C -3050 PROPOSAL To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P.O. Box 1768 Newport Beach, California 92658 -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 and shall perform all work required to complete Contract No. C -2942 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: NOTE: All applicable sales taxes, State and /or Federal, and any other special taxes, patent rights or royalties shall be included in the prices quoted in this proposal. SCHEDULE OF WORK ITEMS ITEM APPROXIMATE UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE AMOUNT 1. 1,780 L.F. Remove existing 8 -inch concrete gravity sewer pipe and install 8 -inch PVC gravity sewer pipe (SDR 35) with permanent trench resurfacing for the unit price of: Forty -Seven Dollars and No Cents $ 47.00 $ 83.660.00 Per Lineal Foot 2. 460 L.F. Install 10 -inch PVC gravity sewer pipe (SDR 35) with permanent trench resurfacing for the unit price of: Fifty -Five Dollars and No Cents $ 55.00 $ 25.300.00 Per Lineal Foot P -la 0 SCHEDULE OF WORK ITEMS 0 ITEM APPROXIMATE UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE AMOUNT 3. 6 EA. Install 48 -inch sewer manhole for the unit price of: Two Thousand Five Hundred Dollars and No Cents $ 2,500.00 $15.000.00 Per Each 4. 133 EA. Remove existing concrete sewer lateral and replace with new sewer lateral and cleanout for the unit price of: Nine Hundred & Fifty Dollars and No Cents $ 950.00 $126,350.00 Per Each 5. L.S. Abandon existing 8 -inch and 10 -inch concrete gravity sewer pipe in place for the lump sum price of: Five Thousand Dollars and No Cents Lump Sum $ 5,000.00 Lump Sum 6. 910 L.F. Install 8 -inch PVC water main (C900, CL200) with ductile iron fittings and permanent trench resurfacing for the unit price of: Forty- -Five Dollars and No Cents $ 45.00 $ 40.950.00 Per Linear Foot P -lb 0 0 SCHEDULE OF WORK ITEMS ITEM APPROXIMATE UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE AMOUNT 7. Lump Sum Abandon existing 8 -inch water main and appurtenances in place for the lump sum price of: Three Thousand Five Hundred Dollars and No Cents $ 3.500.00 $ 3.500.00 Lump sum 8. 5 EA Install 8 -inch resillient wedge valve for the unitprice of: Seven Hunded & Fifty Dollars and No Cents Per Each 9. 3 EA. Install 6 -inch resillient wedge valve for the unit price of: Six Hundred & Fifty Dollars and No Cents Lump Sum 10. 1 EA. Install 4 -inch resilient wedge valve for the unit price of: Four Hundred & Fifty Dollars and No Cents $ 750.00 $ 3.750.00 $ 650.00 $1.950.00 $ 450.00 $ 450.00 Lump Sum 11. 30 L.F. Install 6 -inch PVC (C900, CL200) and permanent trench resurfacing for the unit price of: One Hundred & Five Dollars and Per Linear Foot P -lc $105.00 $ 3.150.00 0 9 SCHEDULE OF WORK ITEMS ITEM APPROXIMATE UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE AMOUNT 12. 10 L.F. Install 4 -inch PVC (C900, CL200) and permanent trench resurfacing for the unit price of: One Hundred & Twenty Dollars and No Cents $120.00 $1.200.00 Per Linear Foot 13. 25 EA. Install l -inch water service and permanent trench resurfacing for the unit price of: Five Hundred & Fifty Dollars and No Cents $ 550.00 $13,750.00 Per Each 14. 2 EA. Remove existing fire hydrant and replace with new fire hydrant and permanent trench resurfacing for the unit price of: Three Thousand Five Hundred Dollars and No Cents $ 3.500.00 $ 7,000.00 Per Each 15. Lump Sum Test and flush sewer main for the lump sum price of: Five Thousand Five Hundred Dollars and No Cents Lump Sum 16. Lump Sum Pressure test, disinfect and flush water main for the lump sum price of: Three Thousand Five Hundred Dollars and No Cents Lump Sum P -1d $ 5.500.00 $ 5,500.00 $ 3,500.00 $ 3.500.00 Ll SCHEDULE OF WORK ITEMS 0 ITEM APPROXIMATE UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE AMOUNT 17. Lump Sum Provide traffic control plans and measures for the lump sum price of: Eleven Thousand Dollars and No Cents $11,000.00 $11,000.00 Lump Sum 18. 12,000 S.F. Remove and replace concrete pavement in accord with the specifications for the unit price of: Dollars and Cents $ 4.00 $ 48.000.00 Per Square Foot 19. 1,000 S.F. Remove and replace concrete sidewalk, driveway, curb and gutter in accord with the specifications for the unit price of: Six Dollars and Fifty Cents $ 6.50 $ 6.500.00 Per Square Foot 20. Lump Sum Excavation safety measures including adequate sheeting, shoring and bracing or equivalent method, for the protection of life and limp, which shall comply to the applicable safety orders for the lump sum price of: Ten Thousand Dollars and No Cents Lump Sum P -le $10.000.00 $10,000.00 0 Total Price in Written Words: Four Hundred Fifteen Thousand Five Hundred & Ten Dollars and No Cents $ 415,510.00 Total Price I declare under penalty of perjury that all representation made above are true and correct.* *Effective January 1, 1990, Business Professional Code Section 702.8.15 provides that any bid containing the above requested information, or a bid containing information which is subsequently proven false, shall be considered non - responsive and shall be rejected. Bidder's Name JOHN T. LACY dba HIGHLAND ENGINEERING Bidder's Address 2432 W. PEORIA AVE., SUITE 1203C PHOENIX. AZ 85029 Bidder's Telephone Number (602) 997 -2796 Contractor's License No. & Classification 534947 "A" 6/30/96 Expiration Date Date AutlArized Signature and Title P -if • INSTRUCTIONS TO BIDDERS • Page 2 The following documents shall be completed, executed and received by the City Clerk in accord with the "NOTICE INVITING BIDS ". L PROPOSAL 2. INSTRUCTIONS TO BIDDERS 3. DESIGNATION OF SUBCONTRACTOR(S) 4. BIDDER'S BOND (sum not less than 10% of total bid price) 5. NON - COLLUSION AFFIDAVIT 6. TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the Bidder's Bond. The title of the project and the words "SEALED BID" shall be clearly marked on the outside of the envelope containing the documents. The City of Newport Beach will not permit a substitute format for the documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. In accord with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). The Contractor shall be responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 534947 CLASS "A" HIGHLAND ENGINEERING Contr's Lic. No. & Classification Bidder 8/3/95 Date Au �gnature and Title F_ -I u 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 accord 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 accord with State law. Subcontractor Address Subcontract Work 1. PMI 5021 Stone Ave.. Riverside, CA 92509 Manholes 12 7 11 1 HIGHLAND ENGINEERING Bidder Au rized Signature and Title 0 BIDDER'S BOND Ll LM KNOW ALL MEN BY THESE PRESENTS, That we, HIGHLAND ENGINEERING , as bidder, and CONTRACTORS BONDING AND INSURANCE COMPANY, as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of TEN PERCENT OF AMOUNT BID Dollars ($ 10% ), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of RIVER AVENUE WATER & SEWER MAIN REPLACEMENT PROJECT C -3050 Title of Project 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 of Notice of Award to the above bounded 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 obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 31ST day of JULY, 1995. (Attach acknowledgement of HIGHLAND ENGINEERING Attorney -in -Fact) Bidder Notary Public #1049415 - :Autbllli06J­Signature and Title CONTRACTORS BONDING AND TAN. 30. 1999 INSURANCE COMPANY Commission Expires Surety By: S /ANN CROUL Title: ATTORNEY -IN -FACT • TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No. 1995 City of Scottsdale. AZ Doug Cullinone (602) 994 -7676 1995 Hess - Rountree Engineering Doug Oshern (602) 496 -0244 1994 Nicklaus Engineering Tom Wilson (502) 344 -8374 HIGHLAND ENGINEERING Bidder Authorized Signature /Title • NOTICE 0 Page 7 The following contract documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of mailing the Notice of Award to the successful bidder: PAYMENT BOND (pages 8 & 9) FAITHFUL PERFORMANCE BOND (pages 10 & 11) CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 12,13 &14) CONTRACT (pages 15 & 16) WORKERS' COMPENSATION INSURANCE CERTIFICATION (page 17) The City of Newport Beach will not permit a substitute format for these contract documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Payment and Faithful Performance Bonds shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) meeting the Policyholder's Rating and Financial Size Category criteria in the paragraph below. Insurance Companies affording coverage and sureties issuing bonds shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accord with the latest edition of Best's Rating Guide: Property - Casualty, except as modified by the Special Provisions. All costs associated with the specifications of these contract documents shall be absorbed in the bid. Such specifications shall include those contained in (1) each contract document and (2) the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. '•al � M •'JI• •• M C• I• U= PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted SEPTEMBER 11TH. 1995 has awarded to HIGHLAND ENGINEERING hereinafter designated as the 'Principal ", a contract for RIVER AVENUE WATER & SEWER MAIN REPLACEMENT PROJECT, C -3050 in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his or its subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We HIGHLAND ENGINEERING as Principal, and CONTRACTORS BONING AN INSURANCE COMPANY as Surety, are held firmly bound unto the City of Newport Beach, in the sum of FOUR HUNDRED FIFTEEN THOUSAND FIVE HUNDRED TEN Dollars ($ 415, 510.00 & N011 00 said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the contract; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or his subcontractors, fail to pay for any materials, provisions or other supplies, used in, upon, for, or about the performance of the work contracted 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, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. The bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this bond as required by the provisions of Section 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 the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 2ND day of OCTOBER 1995. JOHN T. LACY, dba HIGHLAND ENGINEERING , (Seal) Name of Contractor Principal) Authorized gnature and Title Authorized Signature and Title CDNTRACInRS BONDING AND INSURANCE (Seal) Name of Surety COMPANY 23172 PLAZA POINTE DRIVE, SUITE 185 LAGUNA HILLS, CA 92653 -1477 Addre of Surety Signature and Title of Authorized Agent ANN CROUL, ATIORNEY -IN -FACT SAME AS ABOVE Address of Agent 714 - 770 -9733 Telephone Number of Agent ALL- PORPOSE ACKNOWLEAMENT State of CALIFORNIA County of On 10/02/95 Date personally appeared U personally known to me - OR - - _ Rebecca A. Haas t) Comm. #1049415 TARP PUBLIC - CALIFORNIA ORANGE COUNTY Comm E.µres Jan 30.1999 before me, REBEOM A. HAAS, NOTARY PUBLIC Name, Title of Officer — e.g.'Jane Doe, Notary Public' «'• Name(s) of Slgner(s) 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 on behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal, ti t lCi 61 C>. Signature of Notary OPTIONAL Though the information requested below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual(s) Corporate Officer(s) PAYMENT BOND Title or Type of Document Title(s) ❑ Partner(s) ❑ Limited ❑ General 1X Attorney -in -Fact ❑ Trustee(s) ❑ Guardian /Conservator ❑ Other: SIGNER IS REPRESENTING: Name of persons or entity(ies) •• r 2 10/02/95 Number of Pages Date of Document Signer(s) Other than Named Above MscALPA.02-CA060194 CBIC CONTRACTORS BONDING AND INSURANCE COMPANY Limited Power of Attorney • Home Office: 1213 Valley Street P.O. Box 9271 Seattle, WA 98109 -0271 (206) 622 -7053 KNOW ALL MEN BY THESE PRESENTS that CONTRACTORS BONDING AND INSURANCE COMPANY, acorporation duly organized and existing underthe laws of the State of Washington, and having its principal office In Seattle, King County, Washington, does by these presents make, constitute and appoint ANN CROUL, of Laguna Hills, California, its true and lawful attorney - in -fad, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver: (1) SBA guaranteed performance and payment bonds not exceeding the penal sum of $1,250,000; (2) bid bonds for jobs where, if the contract is awarded, the SBA guaranteed performance anNor payment bond(s) will not exceed $1,250,000; (3) all other bonds coded and classified by the Surety Association of America in its Rate Manual of Fidelity, Forgery and Surety Bonds (including future amendments thereto) as Judicial, Contract (excluding bid bonds), Miscellaneous, License and Permit, and Federal not exceeding the penal sum of $3,000,000; (4) bid bonds for jobs written pursuant to the authority in clause (3) above where, if the contract is awarded, the performance and/or payment bond(s) will not exceed $3,000,000; and (5) all other bonds not exceeding the penal sum of $500,000. Provided, however, that ANN CROUL is granted power and authority to exceed the applicable penal limit previously set forth for any bond in an amount equal to the amount of any letter of credit, or similar security, received as collateral security by the Company as an inducement to issue the bond; and to bind the Company thereby as fully and to the same extent as ff such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary; hereby ratifying and confirming all that the said attorney -in -fact may do in the premises. Said appointment is made under and by authority of the following resolutions adopted by the Board of Directors of the CONTRACTORS BONDING AND INSURANCE COMPANY on January 1, 1994: RESOLVED that the President is authorized to appoint as attorney -in -fact of the Company ANN CROUL with power and authority to sign on behalf of the Company: (1) SBA guaranteed performance and payment bonds not exceeding the penal sum of $1,250,000; (2) bid bonds for jobs where, if the contract is awarded, the SBA guaranteed performance and/or payment bond(s) will not exceed $1,250,000; (3) all other bonds coded and classified by the SuretyAssociation of America in its Rate Manual of Fidelity, Forgery and Surety Bonds (including future amendments thereto) as Judicial, Contract (excluding bid bonds), Miscellaneous, License and Permit, and Federal not exceeding the penal sum of $3,000,000; (4) bid bonds for jobs written pursuant to the authority in clause (3) above where, if the contract is awarded, the performance and/or payment bond(s) will not exceed $3,000,000; and (5) all other bonds not exceeding the penal sum of $500,000. RESOLVED FURTHER that ANN CROUL is granted power and authority to exceed the applicable penal limit set forth in the preceding resolution for any bond in an amount equal to the amount of any letter of credit, or similar security, received as collateral security by the Company as an inducement to issue the bond. RESOLVED FURTHER that the authority of the Secretary of the Company to certify the authenticity and effectiveness of the foregoing two resolutions in any Limited Power of Attorney is hereby delegated to the following persons, the signature of any of the following to bind the Company with respect to the authenticity and effectiveness of the foregoing resolutions as if signed by the Secretary of the Company: Charles J. Falskow, R. L. Thiel, Barbara Thiel, Janet K. Avotins, Donald Sirkin, Steven A. Gaines, Susan A. Eagle and Yung Mullick. RESOLVED FURTHER that the signatures (including certification that the Power of Attomey is still in force and effect) of the President, Notary Public and person certifying authenticity and effectiveness, and the corporate and Notary seals appearing on any Limited Power of Attorney containing this and the foregoing resolutions as well as the Umited Power of Attorney itself and its transmission, may be by facsimile; and such Limited Power of Attorney shall be deemed an original in all aspects. RESOLVED FURTHER that all resolutions adopted prior to today appointing the above named as attorney -in -fact for CONTRACTORS BONDING AND INSURANCE COMPANY are hereby superseded. IN WITNESS WHEREOF, CONTRACTORS BONDING AND INSURANCE COMPANY has caused these presents to be signed by its President and its corporate seal to be hereto affixed this tat day of January, 1994. CONTRACTORS BONDING AND INSURANCE COMPANY �'S*G AND /Hf� trrl s ¢�;� pPORq'•.�yry SEAL 's _ :e Steven . Gaines, President y gS1979 STATE OF WASHINGTON — COUNTY OF KING On this 1 st day of January, 1994, personally appeared STEVEN A. GAINES, to me known to be the President of the corporation that executed the foregoing Limited Power of Attorney and acknowledged said Limited Power of Attorney to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said Limited Power of Attorney. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC STATE OF WASHINGTON MOLLY A. HUDSPETH MY Appelniment Expires JAN 9. 1997 Notary Public in and for tl of Washington, residing at Seattle The undersigned, acting un ut rt of the Board of Directors o1 CONTRACTORS BONDING AND INSURANCE COMPANY, hereby cedihifs, seer in lieu of Certificate of the Secretary of CONTRACTORS BONDIN INSU COMPANY, that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and does hereby further certify that the said Power of orney is still in force and effect. GIVEN under my PoaAC01.05- US010194 19 95 BOND NO. CB2963 . PREMIUM: $8,310 . 00 Page 10 EXECUTED IN FOUR COUNTERPARTS FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted SEPTEMBER 11TH, 1995 has awarded to HIGHLAND ENGINEERING hereinafter designated as the 'Principal ", a contract for RIVER AVENUE WATER & SEWER MAIN REPLACEMENT PROTECT. CONTRACT NO. C -3050 in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, HIGHLAND ENGINEERING as Principal CONTRACTORS BONDING AND INSURANCE COMPANY as Surety, are held and firmly found unto the City of Newport Beach, in the sum of FOUR HUNDRED FIFTEEN THOUSAND FIVE HUNDRED TEN Dollars ($ 415, 510.00 ). & N011 00 said sum being equal to 100% of the estimated amount of the contract, to be paid to said City or its certain attorney, its successors and assigns; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in said contract and any alteration thereof made as therein provided on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. r� u 0 Page 11 And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 2ND day of OCTOBER 1995. JOHN T. LACY DBA HIGHLAND ENGINEERING (Seal) Name of Contractor Principal) ze ignature and Title Authorized Signature and Title CONTRACTORS BONDING AND INSURANCE (Seal) Name of Surety CDMPANY 23172 PLAZA POINTE DRIVE, SUITE 185 LAGUNA HILLS. CA 92653 -1477 Address of Surety Signature and Title of Authorized Agent ANN CROUL, ATTORNEY -IN -FACT SAME AS ABOVE Address of Agent 714 - 770 -9733 Telephone Number of Agent ALL- PORPOSE ACKNOWLEWMENT State of CALIFORNIA County of ORANGE On 10/02/95 Date before me, REBECM A. HAAS, NOTARY PUBLIC Name, Title of Officer - e.g.'Jane Doe, Notary Public" personally appeared ANN CROUL r Name(s) of Signer(s) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/ her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity on Rebecca A. Haas behalf of which the person(s) acted, executed the instrument. V . Comm. p1049415 /� (7 ° • NOTARY FUCLIC- CALIFORNIAO C ORANGE COUNTY 0 WITNESS my hand and official seal, 6 Comm E +pIres Jan. 30. 1993 � l^ ' SLCIZLL1! aCZ�-' Signature of Notary OPTIONAL Though the information requested below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ Individual(s) ❑ Corporate Officer(s) Title(s) ❑ Partner(s) ❑ Limited ❑ General Attorney -in -Fact ❑ Trustee(s) ❑ Guardian /Conservator ❑ Other: SIGNER IS REPRESENTING: Name of persons or entity(ies) •• 1" -0 IM60"WUM DESCRIPTION OF ATTACHED DOCUMENT BOND Title or Type of Document Number of Pages 10/02/95 Date of Document Signer(s) Other than Named Above MscALPA.02- CA060194 CBIC ' ' Home Office: Limited 1213 Valley Street P. Box 9271 CONTRACTORS BONDING Power of Attorney Sea tt e, WA 98109 -0271 AND INSURANCE COMPANY (206) 622 -7053 KNOW ALL MEN BYTH ESE PRESENTS that CONTRACTORS BONDING AND INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of Washington, and having its principal office in Seattle, King County, Washington, does by these presents make, constitute and appoint ANN CROUL, of Laguna Hills, California, its true and lawful attorney - in- fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver: (1) SBA guaranteed performance and payment bonds not exceeding the penal sum of $1,250,000; (2) bid bonds for jobs where, if the contract is awarded, the SBA guaranteed performance and/or payment bond(s) will not exceed $1,250,000; (3) all other bonds coded and classified by the SuretyAssociation of America in its Rate Manual of Fidelity, Forgery and Surety Bonds (including future amendments thereto) as Judicial, Contract (excluding bid bonds), Miscellaneous, License and Permit, and Federal not exceeding the penal sum of $3,000,000; (4) bid bonds for jobs written pursuant to the authority in clause (3) above where, if the contract is awarded, the performance and/or payment bonds) will not exceed $3,000,000; and (5) all other bonds not exceeding the penal sum of $500,000. Provided, however, that ANN CROUL is granted power and authority to exceed the applicable penal limit previously set forth for any bond in an amount equal to the amount of any letter of credit, or similar security, received as collateral security by the Company as an inducement to issue the bond; and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary; hereby ratifying and confirming all that the said attomey -in -fact may do in the premises. Said appointment is made under and by authority of the following resolutions adopted by the Board of Directors of the CONTRACTORS BONDING AND INSURANCE COMPANYon January 1, 1994: RESOLVED that the President is authorized to appoint as attorney -in -fact of the Company ANN CROUL with power and authority to sign on behalf of the Company: (1) SBA guaranteed performance and payment bonds not exceeding the penal sum of $1,250,000; (2) bid bonds for jobs where, it the contract is awarded, the SBA guaranteed performance and/or payment bond(s) will not exceed $1,250,000; (3) all other bonds coded and classified by the Surety Association of America in its Rate Manual of Fidelity, Forgery and Surety Bonds (including future amendments thereto) as Judicial, Contract (excluding bid bonds), Miscellaneous, License and Permit, and Federal not exceeding the penal sum of $3,000,000; (4) bid bonds for jobs written pursuant to the authority in clause (3) above where, if the contract is awarded, the performance and/or payment bond(s) will not exceed $3,000,000; and (5) all other bonds not exceeding the penal sum of $500,000. RESOLVED FURTHER that ANN CROUL is granted power and authority to exceed the applicable penal limit set forth in the preceding resolution for any bond in an amount equal to the amount of any letter of credit, or similar security, received as collateral security by the Company as an inducement to issue the bond. RESOLVED FURTHER that the authority of the Secretary of the Company to certify the authenticity and effectiveness of the foregoing two resolutions in any Limited Power of Attorney is hereby delegated to the following persons, the signature of any of the following to bind the Company with respect to the authenticity and effectiveness of the foregoing resolutions as if signed by the Secretary of the Company: Charles J. Falskow, R. L. Thiel, Barbara Thiel, Janet K. Avotins, Donald Sirkin, Steven A. Gaines, Susan A. Eagle and Yung Mullick. RESOLVED FURTHER that the signatures (including certification that the Power of Attorney is still in force and effect) of the President, Notary Public and person certifying authenticity and effectiveness, and the corporate and Notary seals appearing on any Limited Power of Attorney containing this and the foregoing resolutions as well as the Limited Power of Attorney itself and its transmission, may be by facsimile; and such Limited Power of Attorney shall be deemed an original in all aspects. RESOLVED FURTHER that all resolutions adopted prior to today appointing the above named as attorney -in -tact for CONTRACTORS BONDING AND INSURANCE COMPANY are hereby supermiled. IN WITNESS WHEREOF, CONTRACTORS BONDING AND INSURANCE COMPANY has caused these presents to be signed by its President and its corporate seal to be hereto affixed this 1 st day of January, 1994, CONTRACTORS BONDING AND INSURANCE COMPANY , < ""N% SEAL 0 By . - i, '•. 1979 g •' Steven . Gaines, President 1''* ... I N GAC STATE OF WASHINGTON — COUNTY OF KING \�••��••� - On this 1 st day of January, 1994, personally appeared STEVEN A. GAINES, to me known to be the President of the corporation that executed the foregoing Limited Power of Attorney and acknowledged said Limited Power of Attorney to be the tree and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said Limited Power of Attorney, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. for The undersigned, ac of CONTRACTORS does hereby further GIVEN uneep ah" PoaAC91.05-US010194 NOTARY PUBLIC STATE OF WASHINGTON (� MOLLY A. HUDSPETH v MV AppdntmeM Expires JAN 9, 1997 'Nlo f Washington, residing at Seattle I J idbi ut my of the Board of Directors of CONTRACTORS BONDING AND INSURANCE COMPANY, hereby certifies, as or in lieu of Certificate of the Secretary Aa*N NSURANCE COMPANY, that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and that the mi Power of Attorney is still in force and effect. day of OCTOBER _'I9 95 r� II I I L I CERTIFICATE OF INSURANCE ';. - - PRODUCER COMPANIES AFFORDING COVERAGE JACK SCHEEHLE & ASSOCIATES INC COMPANY A AMERICAN FIRE & CASUALTY 4247 EAST INDIAN SCHOOL RD LETTER PHOENIX AZ 85018 COMPANY B LETTER THE OHIO CASUALTY INSURED COMPANY C THE OHIO CASUALTY HIGHLAND ENGINEERING TLC LETTER COMPANY JOHN TOM LACY DBA: 2459 W PEORT_A AVE - STE 1203 LETTER COMPANYE PHEONT_X AZ 85029 -4723 LETTER COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES AND IS NOT AMENDED, EXTENDED OR ALTERED BY THIS CERTIFICATE. co LTR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE ALL LIMITS IN THOUSANDS GENERAL LIABILITY ( OCCURENCE BASIS ONLY) GENERAL AGGREGATE s2,000 A COMMERCIAL BLA507469 1 COMPREHENSIVE PRODUCTS /COMPLETED � $ 000 OWNERS & CONTRACTORS 10 -31 -94 10 -31 -95 OPERATIONS AGGREGATE PERSONAL INJURY $1,000 PROTECTIVE CONTRACTUAL FOR SPECIFIC CONTRACT PRODUCTSICOMPLETED OPERATION EACH OCCURENCE 11,000 XCU HAZARDS BROAD FORM PROPERTY DAMAGE SEVERABILITY OF INTEREST CLAUSE FIRE DAMAGE $ 50 P. I. WITH EMPLOYEE EXCLUSION (ANYONE FIRE) MEDICAL EXPENSES $ 5 REMOVED MARINE (ANY ONE PERSON) AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000 %`�a vy B ANY AUTO BODILY INJURY ;,La sueo g. . ALL OWNED AUTOS (PER PERSON) $ -. SCHEDULED AUTOS Fti tee, HIREDAUTOS BA050746901 10- 31 - -94 10 -31 -95 BODILY INJURY $ (PER ACCIDENT) PROPERTY NON -OWNED AUTOS a �. • acs GARAGE LIABILITY DAMAGE $' a EXCESS LIABILITY EACH AGGREGATE r BX050746901 10 -31 -94 10 -31-95 OCCURENCE UMBRELLA FORM $3,000 $3,000 OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION STATUTORY $ EACH ACCIDENT & $ DISEASE - POLICY LIMIT EMPLOYERS' LIABILITY $ DISEASE -EACH EMPLOYEE OTHER DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES/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: RIVER AVENUE WATER AND SEWER MAIN . CONTRACT # C -3050 PROJECT TITLE AND CONTRACT NUMBER CERTIFICATE HOLDER CANCELLATION CITY OF NEWPORT BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NON - RENEWED, CANCELLED OR P.O. BOX 1768 COVERAGE REDUCED BEFORE THE EXPIRATION DATE THE COMPANY AFFORDING 3300 NEWPORT BOULEVARD COVERAGE SHALL PROVIDE 30 DAYS MINIMUM ADVANCE NOTICE TO THE CITY OF NEWPORT BEACH BY MST ST CLASS MAIL. NEWPORT BEACH, CALIFORNIA 92658 -9915 � 09 -25 -95 ATTENTION: _ AL06RIZED REPAESENTATIVE ISSUE DATE �Ii1RL��7�1i1i112141Y37:1�7�1� 4�L7��7�1i1�11 L' r� F J LJ r' iL Ir- L� I F u LI 0 0 It is agreed that: Page 13 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 m behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage." 3. The limits of liability under this endorsement for the additional insureds named in Paragraph 1. of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit: [ ] Multiple Limits Bodily Injury Liability$ 1.000.000 per person Bodily Injury Liability $ 1,000.000 per accident Property Damage Liability $ 1.000.000 [X] Combined Single Limit Bodily Injury Liability $ 1.000.000 and Property Damage Liability 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 me accident or occurrence in excess of the limits of liability stated in the policy as applicable to Automobile Liability Insurance. 4. Should the policy be non - renewed, cancelled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. Designated Contract: RIVER AVENUE WATER & SEWER REPLACEMENT C -3050 Project Title Contract No. This endorsement is -25-95 at 1201 A.M. and forms part of Policy No. BA050746901 of AMERICAN FIRE & CASUALTY /THE OHIO CASUALTY (Company Affording Coverage) Insured HIGHLAND ENGINEERING Endorsement No. Issuing Companv THE OHIO CASUALTY By (Autho d Repres n[acivej JACK S HEEHLE & ASSOCIATES INC Page 14 CITY OF NEWPORT BEACH 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 m 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 amarance afforded by the policy applies separately to each insured against whom claim made ade or suit is brought, except with respect to theLmtts of the 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 d explosion hazard, collapse hazard and tmegound 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 I of this ' endorsement shall be the limits indicated below written on an "Occurrence" basis: [Xj Commercial[ j Comprehensive General Liability $ 11000.000 each occurrence $ 1.000.000 each occurrence The applicable limit of the Contractual Liability for the company affording coverage shall be reduced by any amount paid as damages under this endorsement in behalf of the additional. insured(s). The limits of liability as stated in this endorsement shall not increase the total liability of the company ' affording coverage for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to General Liability Insurance. 6. Should the policy be non - renewed, cancelled or coverage reduced before the expiration date thereof, the ' Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department 7. Designated Contract RIVER AVENUE WATER & SEWER REPLACEMENT C -1050 ' Project Title Contract No. This endorsement is effective 09-25-95 at 1201 A.M. and forms part of ' Policy No. BLA50746901 of THE OHIO CASUALTY (Company Affording Coverage) Insured HIGHLAND ENTTNEERINC Endorsement . issuing CompanvTHE OHIO CASUALTY By_ - - (Au "zed Representative) JACK SCHEEHLE & ASSOCIATES INC. 1 E CONTRACT • Page 15 THIS AGREEMENT, entered into this 25TH day of SEPTEMBER. 19 95 by and between the CITY OF NEWPORT BEACH, hereinafter "City," and HIGHLAND ENGINEERING , hereinafter "Contractor," is made with reference to the following facts: (a) City has heretofore advertised for bids for the following described public work: RIVER AVE WATER & SEWER MAIN REPLACEMENT PROJECT C -3050 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: RIVER AVE WATER & SEWER MAIN REPLACEMENT PROJECT C -3050 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 Four Hundred Fifteen Thousand Five Hundred & Ten & No /100 Dollars ($ 415.510.00). This compensation includes (1) any loss or damage arising from the nature of the work; (2) any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work; (3) any expense incurred as a result of any suspension or discontinuance of the work; but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 3. All of the respective rights and obligations of City and Contractor are set forth in the contract documents. The contract documents are incorporated herein by reference as though set out in full and include the following: (a) Notice Inviting Bids (b) Instruction to Bidders and documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and Endorsements(s) (f) Workers' Compensation Insurance Certification Page 16 (f) Plans and Special Provisions for RIVER AVE WATER & SEWER MAIN REPLACEMENT PROJECT C -3050 Title of Project Contract No. (g) This Contract. 4. Contractor shall assume the defense of, and indemnify and hold harmless, City and its officers, employees and representatives from all claims, loss or damage, except such loss or damage proximately caused by the sole negligence of City or its officers, employees and representatives. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. CITY OF NEWPORT BEACH a municipal corporation John Hedges, Ma r ATTEST: Wanda Raggio, City APPROVED AS TO FORM: CONTRACTOR: �r I HIGHLAND ENGINEERING Robin Clauson, Assistant City Attorney Name of Contractor (Principal) orized Signature and Title Authorized Signature and Title 9 0 Page 17 WORKERS' COMPENSATION INSURANCE CERTIFICATION " I am aware of the provisions of Section 3700 of the Labor Code which requires 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." HIGHLAND ENGINEERING Date Name of Contractor (Principal) Au rized Signature and Title RIVER AVENUE WATER & SEWER MAIN REPLACEMENT PROJECT C -3050 Title of Project Contract No. E • TO: Mayor & Members of the City Council 0 s September 28, 1995 CITY COUNCIL AGENDA ITEM NO. 9 ••'/ "i-;E CilY (.,)UNC'L F CITY OF,,,, '. ij 7 ... SR) ? 5 1'19q5 FROM: Public Works Department SUBJECT: RIVER AVENUE WATER AND SEWER MAIN L__ REPLACEMENT PROJECT, AWARD OF CONTRACT (CONTRACT NO. C -3050) RECOMMENDATIONS: 1. Approve an appropriation of $287,000 from the Wastewater Enterprise Fund Reserves. 2. Find that the lowest bidder, Highland Engineering of Arizona, can meet the requirements for completing the proposed • contract work and declare them the 'low bidder ". 3. Award Contract No. C -3050 to Highland Engineering in the amount of $415,510.00. 4. Authorize the staff to negotiate a change order not to exceed $50,000 for the reconstruction of the remainder of the concrete street paving on River Avenue. 5. Authorize the Mayor and the City Clerk to execute the contract on behalf of the City. DISCUSSION: At 2:00 p.m. on August 3, 1995, the City Clerk opened and read bids for the subject project. A summary of the results are listed below and a more detailed itemized bid summary is attached as Exhibit "A ": • Rank Contractor/ Bidder Total Bid Price low Highland Engineering, Arizona $415,510.00 2 G. R. McKervey, Irvine 527,400.00 3 R & L Sewer, Paramount 549,550.00 The low bid was 12 percent below the Engineer's Estimate of $473,700.00. This is primarily due to the current competitive construction market. (0) • Page 2 River Avenue Water and Sewer September 28, 1995 THE LOW BIDDER: The low bidder, Highland Engineering of Arizona is a general contractor licensed to do business in California. This company has • successfully completed construction projects for: Hess - Rountree Engineering, Nicklaus Engineering and the City of Scottsdale, Arizona. Reference checks on their recent projects revealed a number of comments favorable to their ability to perform the work in an efficient manner. Highland Engineering's insurance policies and bidder's bonds meet the City's requirements. Staff believes that the contractor is able to complete the proposed work satisfactorily. PROJECT DESCRIPTION: This project provides for installation of approximately 1,000 linear feet of new 8 -inch water main, 2,400 linear feet of new 8 -inch and 10- inch sewer main, and abandonment of existing deteriorated cast -iron water and concrete sewer pipelines. These facilities are located along River Avenue, 38th and 44th Streets. The project also provides for the replacement of existing water services and sewer laterals which are likewise deteriorating. The water main along River Avenue was installed in the early • 1930's and is 65 years old. Both the water and sewer pipelines are beyond their useful life expectancy. The water main has broken in two separate locations this past fall, causing damage to private property. The concrete sewer mains are likewise deteriorating, collapsing in some areas. The proposed water and sewer pipelines will be installed within the street. The existing main under the driveways will be abandoned. PROJECT COSTS & SCHEDULE: Funds for the sewer work were approved in 1994/95 Wastewater Capital Projects Budget. When determination was made to combine the water and sewer main work into one project, the plans were not completed in time advertise for bids last fiscal year. Funds for the water main work are in the 1995/96 Capital Projects Budget Account No. 7501- C5500288. The sewer main funds were not rebudgeted and were returned to Wastewater Enterprise Fund reserves. The recommended budget amendment provides $287,000 for the sewer main portion of this project, and a reappropriation of last year's budgeted funds. The funds will be appropriated into the new Account No. • 7531- C5600298. As a part of the River Avenue Project, the contractors were asked to provide a price to replace the center portions of the street with new concrete pavement. Because Highland's price for concrete removal and replacement was so favorable, staff further negotiated a price to repair the entire length and width of River Avenue between 38th Street and 42nd Street. This additional paving will be funded by Street Rehabilitation Cooperative Projects Account No. 7181- C5100142 and will be included in a staff negotiated change order that won't exceed $50,000. • • Page 3 River Avenue Water and Sewer September 28, 1995 The following is a summary of the planned expenditures. The expenditures include a 10 percent contingency for the project. • Account Name Account Number Amount River Avenue Water Main Replacement 7501- C5500288 $170,000.00 New Wastewater Fund Appropriations 7531- C5600292 287,000.00 Street Rehabilitation Program 7181- C5100142 50,000.00 Total Project Cost $507,000.00 Upon award of contract, this project's anticipated completion date is Friday, December 22, 1995 (90 calendar days from the date of award). CONCLUSION: The bid price is very favorable in that it was well below the construction cost estimate. Staff believes the contractor can complete the project satisfactorily with the required inspection and recommends award of • the contract to the low bidder, Highland Engineering of Arizona Respectfully submitted, Ca PUBLIC WORKS DEPARTMENT Don Webb, Director By: -`- Michael J. Sinacori, P.E. (Acting) Utilities Manager MJS: sdi • Attachments: Exhibit "A ", Itemized Bid Summary Exhibit 'B ", Project Location Map O Ld a W T� Q1 Wz WW E" a� W W W LU Z Cq LL O �3 _U .a J a O 5 O Of tt1 F J F. 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(3�) June 26, 1995 CITY COUNCIL AGENDA ITEM NO. I 1 TO: Mayor ,& Members of the City Council FROM: Utilities Department SUBJECT: CONTRACT FOR CONSTRUCTION RIVER AVENUE WATER AND SEWER MAIN REPLACEMENT PROJECT (CONTRACT NO. C -3050) RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Authorize the City Clerk to advertise for bids for construction of the project. a. Bids to be opened at 2 o'clock in the afternoon (2:00 p.m.) on Thursday, August 3rd, 1995, at the office of the City Clerk. DISCUSSION: , n IN 2. 61995 This project provides for installation of approximately 1,000 linear feet of new 8 -inch water main, 2,400 linear feet of new 8 -inch and 10- inch sewer main, and abandonment of existing deteriorated cast -iron water and concrete sewer pipelines. These facilities are located along River Avenue, 38th and 44th Streets. The project also provides for the replacement of existing water services and sewer laterals which are likewise deteriorating. The water main along River Avenue was installed in the early 1930's and is 65 years old. Both the water and sewer pipelines are beyond their useful life expectancy. The water main has broken in two separate locations this past fall, causing damage to private property. The Concrete sewer mains are likewise deteriorating, collapsing in some areas. The proposed water and sewer pipelines will be installed within the street. The existing main under the driveways will be abandoned. Project plans and specifications were prepared by a private engineering firm. The project construction will be performed by private contractor. The Engineers' Estimate for project costs is $473,700. Funds for the work are included in the 1995 -96 Water Capital Projects Budget in Account No. 7501 -05500288 and in the 1994 -95 Wastewater Capital Projects Budgets in Account Nos. 753 1 -P530098A, 753 1 -P530099A and 7533- P530103A. W e e 2 r Avenue Water and Sewer Authorization to Advertise Bids June 26, 1995 The Contract specifications require the contractor to complete the water and sewer work within 75 calendar days. Engineers' Cost Estimate Item Amount 8 -inch PVC water main and services $ 81,700 8 -inch PVC sewer main 113,700 Remove and replace sewer laterals 133,000 10 -inch PVC sewer main 29,900 Sewer manholes 15,000 Appurtenances, tie -ins and fittings 13,400 Abandon existing pipelines 6,000 Pavement repair 81,000 Total Estimated Cost $473,700 The City proposes to commence construction in early September, 1995. If the City awards the contract after bids are received, the resulting completion date for the water and sewer work will be late November. Staff recommends approval. Respectfully submitted, Mic ael J. Sinacori, P.E. (Acting) Utilities Director MjS:sdi Attachments Exhibit "A ": Project Location Map i AdEL z W a WW IH a �-j x 1S F 41L£ z c w Qd0 a L W ~O z WW C? O 2 () a �W O z o D a w V -' OQ w ? o wJ F 0 Q a �� < ° � Za w pC m a W d r - - -- w > CC ¢ ir¢ 1S D U16£ Q a d m o_ W s..e_ -- --- �_s..s— 0 -0 1S 410b m 3 m tai S.19�-- 0 5.9�-0 LLI 1S lSlb �-) W W J (J) V 1S 17 z W5. > j w NO~ CL oQ dM a 1S P £b cy a = �) a< m a L� a U m � n ti 1S 41bb � LLJ J a V N O F- F O Z Authorized to Publish Advertisements of all kinds ing public notices by Deciec of the Superior Court of orange County, ornfa. Number A•6214, September 29, 1961, and A•24871 June 11, 1967. 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: July 20, 26, 1995 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on July 26 , 199 5 at Costa Mesa, California. Signat re J 0 fS office Box 1768, Newpod BIDS Beach, California 92856 nay be re- 8915, lice of thel For further Informa9ork 0 Newport ' Call . Michael sinacod W Office Box- 6448011. �t on o the City 26th day of Wands E. RepBle,- Clty Clerk Prospective bidders may obtain one set . of contract, documents at no 'Cast az the .office of the PW1tte Works Department, 3800 20, 26,1895. ` 71191111