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
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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.
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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
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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
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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
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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
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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
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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