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HomeMy WebLinkAboutC-3397 - Balboa Island Pavement Rehabilitation and Water Main Replacement• 'EWPpo. • • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC September 24, 2003 Damon Construction Company 455 Carson Plaza Drive, Unit F Carson, CA 90746 Subject: Balboa Island Pavement Rehabilitation and Water Main Replacement (C -3397) To Whom It May Concern: On September 24, 2002, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on November 21, 2002. The Surety for the contract is Colonial American Casualty and Surety Company, and the bond number is 08616604. Enclosed is the Faithful Performance Bond. Sincerely, / LaVonne M. Harkless, CMC City Clerk cc: Public Works Department R. Gunther, P. E., Construction Engineer enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, Califomia 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us FOUR ORIGINALS EXECUTED • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND PAVEMENT REHABILITATION AND WATER MAIN REPLACEMENT CONTRACT NO. 3397 BOND NO. 08616604 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 10, 340.00 being at the rate of $ 20.00 --- -- - -- thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Damon Construction Company, hereinafter designated as the "Principar, a contract for construction of BALBOA ISLAND PAVEMENT REHABILITATION AND WATER MAIN REPLACEMENT, Contract No_ 3397 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3397 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and COLONIAL AMERICAN CASUALTY AND SURETY COMPANY , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of five hundred seventeen thousand, four and no/100 Dollars ($517,004) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 28 0 0 As a part of the obligation secured hereby, and In addition to the face amount specified In this Performance Bond, there shall be Included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 7TH day of FEBRUARY 2002. DAMON CONST. CO. BY: — Damon Construction Company (Principal) A —uthoriz d I nature/Title MAP4^ tuW IZO% I -'pple-S& rJ ' COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Name of Surety 6265 GREENWICH DR. #105 SAN DIEGO, CA 92122 Address of Surety 858/638 -0443 Telephone BY: Authorized Agent Signa BROOKE i AFRENZ, ATTORNEY -IN -FACT Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 CALIFORNIA ALL- PURPOSOLKNOWLEDGMENT • State of California County of Los Angeles On February 7, 2002 before me, Thelma Barillas, Notary Public DATE NAME, THE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC - personally appeared Margaret Ann Rullo NAME(S) OF SIGNER(S) No. 5907 ❑ personally known to me - OR - H proved to me on the basis of satisfactory evidence to be the person(%) whose name.(o) is /we subscribed to the within instrument and ac- knowledged to me that ate /she /#aep executed the same in his /her /toe +r authorized capacity(4e6), and that by hWher /t#e*r THELI�iA BAR'LL�S r `- °'� ,� t signattire(s) on the instrument the personO, ` - - -:ie NOTARY PUBLIC•CAL:FOFFiIA� or the entity upon behalf of which the A ° LOS ANGE!ES COUNTY person(s) acted, executed the instrument. My Comm. Expires A.pr. 25, 2003'1 WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER 7RLE(5) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON($) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ®1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 State of CALIFORNIA County of SAN DIEGO On 07 FEBRUARY 2002 before me, DATE personally appeared BROOKE LAFRENz 0 WENDY H. DOWNS, NOTARY PUBLIC NAME. TITLE OF OFFICER. E.G., *JANE DOE, NOTARY PUBLIC' 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 ac- knowledged to me that he /she /they executed the same in his /her /their authorized wENDYN DOWNS capacity(ies), and that by his /her /their NOTARY CALIFORNIA signature(s) on the instrument the persons) 2 COMMISSIOISSIO N A 121373? r SAN DIEGO COUNTY My Comm Eap March2l :2003 — or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS and ;4no official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARD"CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR eMWOES) SURETY DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 0 0 Power of Attorney COLONIAL AMERICAN CASUALTY AND SURETY COMPANY HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211 KNOW ALL MEN BY THESE PRESENTS: That the COLONIAL AMERICAN`CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, by M. J. ANDERSON, Vice Pre rand T. E.,SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -La aid Comp?,Mich are set forth on the reverse side hereof and are hereby certified to be in full force and eff, �j,�lte date he � M hereby nominate, constitute and appoint Larry D. COGDILL, Ingrid Erika CROSBYR$�ne L ichael W. THOMAS and Wendy H. DOWNS, all of San Diego, California, EACH its lawful ag t Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as it� 21i deed: any -* d'a 1 bonds and undertakings, each in a penalty not to exceed the sum of SIX MILLION Dq (S 6,QV)00) and the execution of such bonds or undertakings in pursuance of these presents, shall beg upon s�mpany, as fully and amply, to all intents and purposes, as if they had been duly executed; acknowl Red by the i y elected officers of the Company at its office in Baltimore, Md, in their own proper persons. ®�° The said Assistant Secretary does her that the extract set forth on the reverse side hereof is a true copy of Article V1, Section 2, of the By -Laws of said o and is now in force. IN WITNESS WHEREOF, thhYsaid Vice- President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 18th day of April, A.D. 2000. ATTEST: State of Maryland 1 County of Baltimore f ss: COLONIAL AMERICAN CASUALTY AND SURETY COMPANY T. E. Smith Assistant Secretary By: M. J Anderson Vice President On this 18th day of April, A.D. 2000, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. J. ANDERSON, Vice President, and T. E. SMITH, Assistant Secretary of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ,pt. A Rqa„ POA -F 186 -2094 Carol J Fader Notary Public My Commission Expires: August 1, 2004 • EXTRACT FROM BY -LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attomeys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attomey -in -Fact as provided in Article VI, Section 2, of the By -Laws of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 7TH day of FEBRUARY 2002 Assistant Secretary CITY OF NEWPORTBEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 November 21, 2002 Damon Construction Company 455 Carson Plaza Drive, Unit F Carson, CA 90746 Subject: Balboa Island Pavement Rehabilitation and Water Main Replacement (C -3397) To Whom It May Concern: On September 24, 2002, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on October 17, 2002, Reference No. 20020896580. The Surety for the contract is Colonial American Casualty and Surety Company, and the bond number is 08616604. Enclosed is the Labor & Materials Payment Bond. Sincerely, o`4ll �✓� LaVonne M. Harkless, CMC /AAE City Clerk cc: Public Works Department R. Gunther, P.E., Construction Engineer encl. 3300 Newport Boulevard, Newport Beach FOUR ORIGINALS EXECUTED CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND PAVEMENT REHABILITATION AND WATER MAIN REPLACEMENT CONTRACT NO. 3397 BOND NO. 08616604 PREMIUM: INCLUDED IN PERFORMANCE BOND PREMIUM LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Damon Construction Company, hereinafter designated as the "Principal; a contract for construction of. BALBOA ISLAND PAVEMENT REHABILITATION AND WATER MAIN REPLACEMENT, Contract No. 3397 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No_ 3397 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principars subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, COLONIAL AMERICAN CASUALTY AND SURTY COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum five hundred seventeen thousand, four and no/100 Dollars ($517,004) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that fi the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, In case suit Is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provislons of Section 3250 of the Civil Code of the State of Cal'rfomia. E. The Bond shall Inure to the benefit of any and all persons, companies, and corporations entitled to file Balms under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of Califomla. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this Instrument has been duly executed by the aboveramed Principal and Surety, on the 7TH day of FEBRUARY , 2002. DAMON CONST. CO. Damon Construction Company (Principal) COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Name of Surety 6265 GREENWICH DR., 1105 SAN DIEGO, CA 92122 Address of Surety 858/638 -0443 Telephone BY: Authonz ggnature/Titie Jgat�a' Ww rZuu o- PtsLssrL6llr BY: Authorized Agent Sig ure BROOKE LAFRENZ, ATTORNEY -IN -PACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 CALIFORNIA ALL- PURPOSP.JKNOWLEDGMENT • No. $907 State Of California County Of Los Angeles On February 7, 2002 before me, Thelma Barillas, Notary Public GATE NAME, TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC personally appeared Margaret Ann Rullo NAME(S) OF SIGNER(S) ❑ personally known to me - OR - R proved to me on the basis of satisfactory evidence to be the person(s) whose name(e) is/ore subscribed to the within instrument and ac- knowledged to me that #e /she /they executed the same in h s /her /t4eiiiir authorized capacity(4ae), and that by his/her /t:he4 THELMA BARILLAS signatures) on the instrument the person( &), tt: / `: COMM. #1214304 U or the entity upon behalf of which the NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY person(s) acted, executed the instrument. My Comm. Expires Apr. 25, 2003 WITNESS /my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NWE OF PErtSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - $= Remmet Ave.. P.O. Box 7104 -Canoga Park CA 91309 -7184 lJ State of CALIFORNIA County of SAN DIEGO On 07 FEBRUARY 2002 DATE personally appeared before me, 0 WENDY H. DOWNS, NOTARY PUBLIC NAME, TITLE OF OFFICER - E.G..'JANE DOE. NOTARY PUBLIC' NAME(S) OF SIGNERS) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their 10 WENDYH DOWNS signature(s) on the instrument the person(s), NOTARY PUBLIC - CALIFORNIA ;2 COMMISSION n 1213737 or the entity upon behalf of which the SAN DIEGO COUNTY Y p My Comm E,p March 21,2003 - person(s) acted, executed the instrument. WITNESS myhand anCL official seal. Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL Cl CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL IN ATTORNEY -w+ACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESE7 TWO: MME OF PERSM" OR EMIrMM SURETY DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE • r Power of Attorney COLONIAL AMERICAN CASUALTY AND SURETY COMPANY HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211 KNOW ALL MEN BY THESE PRESENTS: That the COLONIAL AMERICCASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, by M. J. ANDERSON, Vice Pre ' and T. E.,SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By- Law6�Md Compa ,�hich are set forth on the reverse side hereof and are hereby certified to be in full force and e5 a date he „tides hereby nominate, constitute and appoint Larry D. COGDILL, Ingrid Erika CROSBY R LA FIbonds Michael W. THOMAS and Wendy H. DOWNS, all of San Diego, California, EACH its J�ii lawful ag Attomey -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as i miff deed: any-* and undertakings, each in a penalty not to exceed the sum of SIX MILLION DOC RS (S 6,0e*) and the execution of such bonds or undertakings in pursuance of these presents, shall be g upon s E�mpany, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowl ed by the y elected officers of the Company at its office in Baltimore, Md., in their own proper persons. The said Assistant Secretary does h that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Co , and is now in force. IN WITNESS WHEREOF, th said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 18th day of April, A.D. 2000. ATTEST: 0 State of Maryland i County of Baltimore J ss: COLONIAL AMERICAN CASUALTY AND SURETY COMPANY T. E. Smith Assistant Secretary By: �� M. J. Anderson Vice President On this 18th day of April, A.D. 2000, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. J. ANDERSON, Vice President, and T. E. SMITH, Assistant Secretary of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. a POA -F 186-2094 Carol J. Fader Notary Public My Commission Expires: August 1, 2004 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in Officiatecords, County of Orange Darlene Bloom, Interim Clerk- Recorder 1111111! IIIIIIIIilllll! IIIII (IIIIIIII!(IIIIIII1B1111111)NO FEE 20020896580 09:50am 10/ 17102 123 3 N12 1 0.00 0.00 0.00 0.00 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 Damon Construction of Carson, California, as Contractor, entered into a Contract on February 12, 2002. Said Contract set forth certain improvements, as follows: Balboa Island Pavement Rehabilitation and Water Main Replacement (C -3397) Work on said Contract was completed on August 22. 2002, and was found to be acceptable on September 24. 2002, by the City Council. Title to said property is vested in C_ the Offer, the Surety for said Contract is Colonial American Casualty and Surety ;..,Corn . r n VERIFICATION Director in Beach I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on� c2� a00 at Newport Beach, California. BY � /�r�I7l�t; D l` ' A City Clerk O 4i O VERIFICATION Director in Beach I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on� c2� a00 at Newport Beach, California. BY � /�r�I7l�t; D l` ' A City Clerk CI'Y OF NEWPORT PEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 September 25, 2002 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for Beacon Bay Sewer Main Replacement (C -3277) Notice of Completion for Balboa Island Pavement Rehabilitation and Water Main Replacement (C -3397) Notice of Completion for Hazel Avenue Pavement Rehabilitation (C -3448) Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, o7�C! ) . llama LaVonne M. Harkless, CMC /AAE City Clerk Enclosures 3300 Newport Boulevard, Newport Beach 0 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 -Exempt from recordin ees pursuant to Government CodeVection 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and GCI Construction of Costa Mesa, California, as Contractor, entered into a Contract on April 24, 2001. Said Contract set forth certain improvements, as follows: Beacon Bay Sewer Main Replacement (C -3277) Work on said Contract was completed on August 30, 2002, and was found to be acceptable on September 24, 2002, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Travelers Casualty and Surety Company of America. lic Works Director of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on gt� aQDa at Newport Beach, California. BY n 4d i u City Clerk TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: BALBOA ISLAND REPLACEMENT, ACCEPTANCE RECOMMENDATIONS: 1. Accept the work. C I NA 0 )i September 24, 2002 CITY COUNCIL AGENDA ITEM NO. 13 PAVEMENT REHABILITATION AND WATER MAIN CONTRACT NO 3397 — COMPLETION AND 2. Authorize the City Clerk to file a Notice of Completion. . :., / aj„Z 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. 5. Approve a Budget Amendment appropriating an additional $3943.55 from the balance of the Measure M Turnback Fund balance to Account No. 7281- C5100645. DISCUSSION: On February 12, 2002, the City Council authorized the award of the Balboa Island Pavement Rehabilitation and Water Main Replacement contract to Damon Construction of Carson, California. The contract provided the reconstruction of existing deteriorated concrete streets on both Balboa Island and Little Balboa Island. The project also included a water main replacement in Crystal Avenue on Little Balboa Island. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $517,004.00 Actual amount of bid items constructed: 562,052.55 Total amount of change orders: 16,880.05 Final contract cost: $578,932.60 The final overall construction cost including change orders was 11.98 percent over the original bid amount. The increase in the amount of the bid items resulted from additional deteriorated concrete roadway that was replaced. SUBJECT: BALBOA ISLAND PENT REHABILITATION AND WATER MAIN REPIOMENT, CONTRACT NO 3397 - COMPLETION AND EPTANCE September 24, 2002 Page 2 Three change orders totaling $16,880.05 were issued to complete the project. They were as follows: A change order in the amount of $3,464.30 provided for additional work related to utility conflicts. 2. A change order in the amount of $8,345.28 provided for installation of electrical and irrigation sleeves and conduits in Park Avenue. 3. A change order in the amount of $5,070.47 provided for the reconstruction of the alley approach, curb and gutter, and access ramp at Crystal Avenue. Funds for the project were expended in the following accounts: Description Account No. Amount Measure M Tumback 7281- C5100645 $344,947.55 Water Main Program Pipeline Replacement 7501- C5500578 227,700.00 Parks — Professional Services Maintenance 3170 -80802 6,285.05 Total $578,932.60 The original scheduled completion date was May 13, 2002. Roadway paving was completed prior to the summer as required. Due to revised and additional concrete sidewalk and access ramps required of the contractor, the completion date was extended to August 22, 2002. All work was completed by the revised completion date. Respectfully su DEPARTMENT G. Badum, Director 1 By: R. Gunther, P.E. Construction Engineer (Sy of Newport Beach BUDGET AMENDMENT 2002 -03 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Pq Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations PX from additional estimated revenues from unappropriated fund balance EXPLANATION: NO. BA- 012 AMOUNT: $3,943.55 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expenditure appropriations related to the Balboa Island Pavement Rehabilitation and Water Main Replacement Project, C -3397. I ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 280 3605 Measure M Fund Balance REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Division Account Division Account Division Account Division Account Division Account Signed: Signed: Number Number Number Number Number Number Number Number Number Number Description Description 7281 Measure M Turnback C5100645 Balboa Island Major Pump Maintenance Administrative Approval: gfly Manager Amount Debit Credit $3,943.55 $3,943.55 Autom do t� � Z—/% <J z- Director Date .�.�� e e Signed: City Council Approval: City Clerk Date Sty of Newport Beach BUDGET AMENDMENT 2002 -03 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: NO. BA- 012 AMOUNT: $3,943.55 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance SEP 2.. you This budget amendment is requested to provide for the following: To increase expenditure appropriations related to the Balboa Island Pavement Rehabilitation and Water Main Replacement Project, C -3397. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 280 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Measure M Fund Balance Description Amount Debit Credit $3,943.55 ' Signed: 4 (C VG� Y—/% U Z Fine cial App oval: Administrative S rv' s Director Date Signed: I������� /I/ —Z� 9 A� 've Approval: ' Manager iAte City Council Approval: City Clerk Date Description Division Number 7281 Measure M Turnback Account Number C5100645 Balboa Island Major Pump Maintenance $3,943.55 Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Automatic Svstem Entrv. Signed: 4 (C VG� Y—/% U Z Fine cial App oval: Administrative S rv' s Director Date Signed: I������� /I/ —Z� 9 A� 've Approval: ' Manager iAte City Council Approval: City Clerk Date CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915 until 2:00 p.m. on the 30th day of January 2002, at which time such bids shall be opened and read for BALBOA ISLAND PAVEMENT REHABILITATION AND WATER MAIN REPLACEMENT Title of Project Contract No. 3397 $ 520,000.00 Engineer's Estimate Appro e y phen G. Badum Public Works Director Prospective bidders may obtain one set of bid documents at actual cost at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: "A" For further information, call Stephen J. Luy, Project Manager at (949) 644 -3330 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND PAVEMENT REHABILITATION AND WATER MAIN REPLACEMENT CONTRACT NO. 3397 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND ............................................................................... ..............................5 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ......................................................... .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL..13 ACKNOWLEDGEMENT OF ADDENDA ........................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER .............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL.................................................................................... ...........................PR -1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND PAVEMENT REHABILITATION AND WATER MAIN REPLACEMENT CONTRACT NO. 3397 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price; may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Bidders' security shall be returned to unsuccessful bidders within a reasonable time not to exceed 60 calendar days after the successful bidder has signed the Contract. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. • • The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 28O58P8 A Contractor's License No. & Classification -bArv1oo ConNST: CD. Bidder Authoriz d i nature/Title MARL= A003 tZ'ULLp-Pr4X�SIDEWr JAMUAR`{ Date 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND PAVEMENT REHABILITATION AND WATER MAIN REPLACEMENT CONTRACT NO. 3397 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of ** *TEN PERCENT of THE TOTAL AMOUNT OF THE BID * ** Dollars ($ 10z OF TOTAL BO, to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of BALBOA ISLAND PAVEMENT REHABILITATION AND WATER MAIN REPLACEMENT, Contract No. 3397 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to duly enter into and execute the Contract Documents for the construction of the project in the form required within ten days (10) (not including Saturday, Sunday, and federal holidays) after the date of the mailing of Notice of Award; otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 30TH day of JANUARY '2002. DAMON CONST. CO. BY: .+ Name of Contractor (Principal) Authorize i turefI rZEr T- COLONIAL AMERICAN CASUALTY AND SURTY COMPANY Name of Surety 6265 GREENWICH DR., #105 SAN DIEGO, CA 92122 Address of Surety 858/638 -0443 Telephone BY: L�`� _ Authorized Agent Si atur �� BROOKE LAFRENZ, ATTORNEY -IN -FACT BROOKE LAFRENZ, ATTORNEY- IN -MCT . Print Name and Title (Notary acknowledgment of Principal 8 Surety must be attached) CALIFORNIA ALL- PURPOSAKNOWLEDGMENT • State of California County Of Los Angeles On January 30, 2002 before me, Thelma Barillas, Notary Public DATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC' personally appeared Margaret Ann Rullo NAME(S) OF SIGNER(S) No. 5907 ❑ personally known to me - OR - IR proved to me on the basis of satisfactory evidence to be the person(s) whose name(s9) is /a €e subscribed to the within instrument and ac- knowledged to me that he /she /#wy executed the same in qiis/her /t4eiT authorized capacity(ise), and that by hWher /04e*1= THELMA BARILLAS signature(s) on the instrument the person(&), �.' COMM. #1214304.:E NOTARY PUBLIC •CALIFORNIA'U or the entity upon behalf of which the • M LOS ANGELESCOUNTY person(s) acted, executed the instrument. y COMM . Expires Apr. 25, 2003 WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENNTY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Boa 7184 • Canoga Park, CA 91309 -7184 rI State of CALIFORNIA County of SAN DIEGO On 30 JANUARY 2002 before me, UENDY H. DOWNS, NOTARY PUBLIC DATE NAME, TITLE OF OFFICER - E.G..'JANE DOE, NOTARY PUBLIC' personally appeared BROOKE LAFRENZ NAME(S) OF SIGNER(B) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their „ UOWNS signature(s) on the instrument the person(s), BLIC - CALIFORNIA LL 1>SION * 1213737 C or the entity upon behalf of which the _`EGO COUNTY P, 0 Ma,Ch 21, 2003 person(s) acted, executed the instrument. �. WITNESS my hand ancrDi icial seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ iNDtvIDUAL ❑ CORPORATE OFFICER TmLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDWQCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON($) OR ENTITY(ES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 0 0 Power of Attorney COLONIAL AMERICAN CASUALTY AND SURETY COMPANY HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211 KNOW ALL MEN BY THESE PRESENTS: That the COLONIAL AMERICAN�CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, by M. J. ANDERSON, Vice Pre and T. E.,SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the � a�atd Comp�llich are set forth on the reverse side hereof and are hereby certified to be in full force and eff toy e date he�q %}„ es hereby nominate, constitute and appoint Larry D. COGDILL, Ingrid Erika CROSBY $ o� e LA tchael W. THOMAS and Wendy H. DOWNS, all of San Diego, California, EACH iu lawful ag t Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as i deed: anyd a 1 bonds and undertakings, each in a penalty not to exceed the sum of SIX MILLION DBMS (S 6,0e,W®0) and the execution of such bonds or undertakings in pursuance of these presents, shall beg upon s c(�mpany, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowl Red by the,Aegjjy elected officers of the Company at its office in Baltimore, Md., in their own proper persons. The said Assistant Secretary does hh that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Co and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 18th day of April, A.D. 2000. ATTEST: i 88AL ��� State of Maryland County of Baltimore ss: COLONIAL AMERICAN CASUALTY AND SURETY COMPANY T. E. Smith Assistant Secretary By: M J Anderson Vice President On this 18th day of April, A.D. 2000, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. J. ANDERSON, Vice President, and T. E. SMITH, Assistant Secretary of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swom, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Carol J. Fader Notary Public My Commission Expires: August 1, 2004 POA -F 186 -2094 9 0 EXTRACT FROM BY -LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may :require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and :instruments in the nature of mortgages .... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By -Laws of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 30TH day of JANUARY , 2002 Cl 1 +� Ass1 is=f Secretary 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND PAVEMENT REHABILITATION AND WATER MAIN REPLACEMENT CONTRACT NO. 3397 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Name, Address, Telephone # Bid Item Number Description of Work Percent of Total Bid w urn 36% TAMoW 00057' Cn. Bidder Aut or' d Signature/Title 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND PAVEMENT REHABILITATION AND WATER MAIN REPLACEMENT CONTRACT NO. 3397 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name -bAIMC>W Le,_1WSf- CQ- FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number + 8 FLbTF� Tm2R_\t S � cawTi2ikG_T A Project Description (kENwyAL$ " Puv_ emeNT AP RL;raE'l.MKMtLnW Approximate Construction Dates: From 3— a.5 —CI To: 1-7 —01 -01 Agency Name Sao Lane _5 , Contact Person G+�+s mov.AR t_ Telephone (562,1 S70— 5171 Original Contract Amount $ 1,17(., SooFinal Contract Amount $ 2, soiV a4 If final amount is different from original, please explain (change orders, extra work, etc.) Etc •woRl� ADhp_11% 7 %JT&AWG couRSE oP.rKr_ Jn-A Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 0 0 No. 2 Project Name /Number 2000- 2pp1 cv12i3 Rp+nnP PRaJFJ�-I SP ►SSI Project Description C�jS-r- C > HPtNDI CAP RAMPS Approximate Construction Dates: From le —IO-o1 To: -7- 22 -01 Agency Name % SP wTA t0t-AcA Contact Person R% cA< VAU-e_ Telephone (310) 4-na-87 .1 Original Contract Amount $9;.7• Final Contract Amount $ l i % 190 If final amount is different from original, please explain (change orders, extra work, etc.) +In oR�ER n*NblkX wort Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name /Numbers 510EaNA1 -K It PED RAMP PRCa eCM- 5--B-PL- Project Description -Re Ap eL *RFPLwe-&mewT OF -3>ArApr,&D Co jtaA9M% L°ONSr- OF kA.ND14lPQp.MP6 Approximate Construction Dates: From 5 -6 -01 To: 7 -01 -CA Agency Name C-�o INGLEwoo� Contact Person GoLwr.Z Mr,woucliLs8= tQRTelephone (31o) 411- 543(0 Original Contract Amount $2q7 S�Final Contract Amount $ 2A'� (641 If final amount is different from original, please explain (change orders, extra work, etc.) em D PA TAR LESS E)CPEALS 1 V E 7VIEES Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 0 0 No. 4 Project Name /Number PA -KAmP 2wsTAL— L-ATonO Project Description Approximate Construction Dates: From G -io -ol To: &- =Li -01 Agency Name '- o t �v % —t tau Contact Person a-Lo.0 DLO Slhwc -H62 Telephone (31o) a't8g Original Contract Amount $ :2A q66 Final Contract Amount $ 36 35c> If final amount is different from original, please explain (change orders, extra work, etc.) c- t4A4%jGB OP.AER 6L1D I'T'EM Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name /Number W,A%hJTr ►„JANC>_+. Project Description ON CAL -1-- CANC i� rZE��At2 A C4n.ISTRucT%45 *3 ANIJu^L— C-Cv y 2Trc Approximate Construction Dates: From O -S -oI To: uur.�T <6- zt1=oa,� Agency Name So 1ZV I hl i✓ Contact Person ERICK SuNtrr Telephone (94" 7j-4- tot® } To DATE * =3009 Original Contract Amount $t3& ,5o5 Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) L•+oT Qaorr P LE.T ED v.joRK A r>baD c nw A5 NEEDHD'$AS _S Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims 0 W- Project Name /Number -) oot — boa S%De_w^L e- r�Po iR Project Description REPAIR 'hArv.A6P-D S%DGwA..K Approximate Construction Dates: From t0 -7 -01 To: Agency Name % -RAt tcHo `PAL-0.s yERDES Contact Person -Bt NDU V Ars+A Telephone (3io) s44—sa 52 Original Contract Amount $ 44 %,7& Final Contract Amount $ 4&,,R46 If final amount is different from original, please explain (change orders, extra work, etc.) E��q woR.1t Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume General Construction Superintendent or Contractor. of the person who will be designated as on -site Construction Manager for the Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. IDNVOC*3 CMNST. Cca. .OQ Bidder Autho z d ignature/Title tcxWT- 10 455 Carson Plaza Drive, Unit F Carson, CA 90746 Phone # 310 -324 -7141 Fax # 310 -324 -3569 LIST OF PERTINENT OFFICERS Margaret Ann Rullo President & EEO Officer 310 - 324 -7141 extension 13 Joe Rullo General Field Superintendent 24 -hour Emergency # 562 - 618 -6335 Rueben Carrillo Concrete Superintendent 310 -408 -7103 George Mojica Project Field Superintendent 310 -408 -7101 Hernan Mendoza Project Field Superintendent 310 -408 -7105 Andy Fife Project Manager /Contract Liaison 310 - 324 -7141 extension 14 Thelma Barillas Labor Compliance Manager 310 - 324 -7141 extension 23 Central Dispatch Mike Frahm or Nick Negrete 310 - 324 -7141 extension 31;32;33 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND PAVEMENT REHABILITATION AND WATER MAIN REPLACEMENT CONTRACT NO. 3397 NON - COLLUSION AFFIDAVIT State of California ) Wns ) ss. County of A. GF_t -ec ) MRRGv.R.6T nNN T2w".0 being first duly sworn, deposes and says that he or she is PEEsIoe r of SAMOA: Cc>NST. Co. , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. DAnnom cc>. Bidder Autl o z d SignatureFritle Subscribed and sworn to before me this 3d o- day of '2002. [SEAL] Notary Public My Commission Expires: x? THELMA BARILLAS COMM. #1214304 1 5"_� ' °• NOTARY PUBLIC • CALIFORNIA LOS ANGELES COUNTY N My Comm. Expires Apr. 25, 2003 11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND PAVEMENT REHABILITATION AND WATER MAIN REPLACEMENT CONTRACT NO. 3397 DESIGNATION OF SURETIES Bidders ►kuQ. +►.,7 r Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond type): S , i�c�,Bpr�ns Coi- Or.t1P.t_ F4Mr.��caN c�.SUAt -TY An►� SU(ZOTY C.C:W PaNY ?o'BcX %Z17, 3AL -MMORM MARLtL-AND 2t203 AGENT. t_AR.Ry - Cn6Dt�LaOfJDIN6 CaSS) 455 -4RRR L-M-51LAT`/ =fA5oRAW-P -' swF-7'ra CR2AU)r.=aZD COMPANY z At ro S.NSL)RAIJC.P- Got -IDEtt spjzLL [l?MPAwy l lO20 P i -IA AVF—y SAt i 'D I E�jCA- 9 Z10 AC- ;E#,rr • t- 0VT2AAta1i< 1)At - cr. 19L)4-99 —(:639 12 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 BALBOA ISLAND PAVEMENT REHABILITATION AND WATER MAIN REPLACEMENT CONTRACT NO. 3397 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name _np%m o►a C005T Cam• Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Current 1 1 1 2 2 Year of 9 9 9 0 0 Record 9 9 9 0 0 Total Year 2002 7 8 9 0 1 No. of contracts 74 101 70 94 94 Lf3s Total dollar Amount of 16 yg t7 8 cis 9!°9L $ a jOo� Contracts (in Thousands of $ No. of fatalities ® B ® 9 No. of lost Workday a. 4 1 y 1i 15 Cases No. of lost workday cases involving permanent 3 ®- ISO- ® 8— e transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 0 Legal Business Name of Bidder -DFkN, pw C4*)=- Co. Business Address: 45�G CAgLsoo PL.AzA Dig..utiffF.CARSC+IN,C - %-1`t'G Business Tel. No.: (3,0;) Bag-7t,hl State Contractor's License No. and Classification: PB0588 A Title -12-L-:) - ham- 2E'S DE-1 The above information was compiled from t r cords that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of 7kul io bidder --*\.,.,.. - i-- (1.. -P .O-a. Date i— "=^ — ©Z). Title -P1 2e �sID Et--= Signature of v, ch bidder p N , a G✓ Date 1 —oet Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 CkLIFORNIA ALL- PURPOSACKNOWLEDGMENT • State Of California County of Los Angeles On January 30, 2002 before me, Thelma Barillas, Notary Public DATE NAME, TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC' No. 5807 personally appeared Margaret Ann Rullo and J. Robert Rullo NAME(S) OF SIGNER(S) ❑ personally known to me - OR - D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 7t /are subscribed to the within instrument and ac- knowledged to me that h6lihIk /they executed the same in tr1710idt /their authorized capacity(ies), and that by hl hdt /their THELMA BARiLLAS signature(s) on the instrument the person(s), r ' ':^! COMM. #1214304 I or the entity upon behalf of which the �- NOTARY PUBLIC - CALIFORNIA acted, executed the instrument. -`rte LOS ANGELES COUNTY person(s) My Comm. Expires Apr. 25, 2003 WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL WIIIIIIIIII Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTrrY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION- 8236 Remmet Ave., P.O. Box 7184 -Canoga Park, CA 91309 -7184 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND PAVEMENT REHABILITATION AND WATER MAIN REPLACEMENT CONTRACT NO. 3397 ACKNOWLEDGEMENT OF ADDENDA Bidders name jot�^c5w ct r The bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Signature 15 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND PAVEMENT REHABILITATION AND WATER MAIN REPLACEMENT CONTRACT NO. 3397 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: DRMor t CO. Business Address: 45c; rA2SAh1 PL AzA -IRV UNI-r F. CARscN. CA. 9o7y 6 Telephone and Fax Number: (31CQ) 324 -7 t 4- I California State Contractor's License No. and Class: 2SNCS5258 A (REQUIRED AT TIME OF AWARD) Original Date Issued-, 16miaw I Expiration Date: Apr -L%L_ 30. zfx . List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: Jo5Ei>N RU4- oA- sTw*hTa2 $ .�05ED14CIAUfbNEJ�5TlrhfftOR The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone GaRSON� CA. 90-74L J. li�'P,FpT k- 2u�1_t�- SFt� iT�A� (��n\ A7-4 -'7141 Corporation organized under the laws of the State of C-AL.I Fc5re4 i 1 A 16 • • The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All current and prior D.B.A.'s, aliases, and fictitious business names for any principal having interest in this proposal are as follows: E For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with project owners (public agencies, private companies, etc...) in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; MART F fl 15��9 AR ,� +1t+)Y wiN1�At -E C4 9 17oc 6--a4) %0-01% Briefly summarize the parties' claims and defenses; -SOT+1 �vE.D �o'R. .�o�� P'AYMEffr �ri�tiD:>tV1/�oN 17AMON CLAIMLZO -rAeL2 pyE7-CAA-Rr -QED A.N� DID NOT CWtv�PLAE, Ti4E Luoea -L WtFICH DAWC INJA1w F1WISoE.D. State the tribunal (i.e., Superior Court, American Arbitration Association, etc.) the matter number and outcome. ITLrASE SevG AITAGW mZ> Have you ever had a contract terminated by the owner /agency? If so, explain. 17 (1) Name of Case: CIVIL LITIGATION HISTORY INFORMATION c- oCV\PAMy ET(' EP A-"- Court case identification number: con.. cx� r= 257 (2) Jurisdiction in which case was filed: Cc3MPT -ON cJUD%c -1AL. �JISTRICT (3) Outcome of the case: iti r= \1 O2 of "[?LjTUV -jt-i0 (1) Name of Case: mPtZkPOSA \15 -JAMn" CO. JzJsu2RNcE coMPANY C> F TH E W EST-, ET G L. Court case identification number: LNSC BC- 24 39 12 (2) Jurisdiction in which case was filed: LOs FtiNGELFS SUPaT210z C-C)J2T (3) Outcome of the case: 1© -15 -CA sere osi' or c00PE-1- M 0 0 Have you ever failed to complete a project? If so, explain. Have you ever been terminated for cause and then had it converted to a "termination of convenience "? If so, explain. Ne) For any projects you have been involved with in the last 5 years did you have any claims or actions: Circle One 1. By you against the owner? Yes / is 2. By the caner against you? Yes /i� 3. By any outside agency or individual for labor compliance (i.e. prevailin wage, falsifying certified payrolls, etc.) 4. Yes / VJo 4. B Subcontractors (Stop Notices, etc.) es / No 5. Are any claims or actions unresolved or outstanding? Yes /©° failure to pay If yes to any of the above, explain. (Attach additional sheets, if necessary) SGG. F EEVIOJSL.V ATCrkcykMD Clyll� L4-r%ceAT%onl FEIST Y Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. - V ,� +llt E RR MRr- iG�a2ET ANN RUIl0 (Print name of Owner or President of ,--Corporation /Company) Authd iz d i re/Title sIDe*Tr Title JAlvuatzy 30 2m2 Date SEE ATTACHED CALIFORNIA ALL - PURPOSE NOTARY ACKNOWLEDGMENT. Subscribed and sworn to before me this day of 2002. [SEAL] 18 CALIFORNIA ALL- PURPOSAKNOWLEDGMENT • No.5907 State Of California County of Los Angeles On January 30, 2002 before me, Thelma Barillas, Notary Public DATE NAME, TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC" personally appeared Margaret Ann Rullo NAMES) OF SIGNER(S) ❑ personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(e) is /&€e subscribed to the within instrument and ac- knowledged to me that he /she /"y executed the same in his/her /Ii4@4 authorized amARILLASI capacity(ise), and that by his/her /#3e�p- 1 RILL U signature(e) on the instrument the person(&), C • CALIFORNIAD ESCOUN7Y ., or the entity upon behalf of which the es Apr. 25, 2003 erson ( s) acted, executed the instrument. WITNESS my hand and official seal. ax4La�r SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTIh NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309 -7184 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND PAVEMENT REHABILITATION AND WATER MAIN REPLACEMENT CONTRACT NO. 3397 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • .CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS LABOR AND MATERIALS PAYMENT BOND FAITHFUL PERFORMANCE BOND 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. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 19 Ll CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 BALBOA ISLAND PAVEMENT REHABILITATION AND WATER MAIN REPLACEMENT CONTRACT NO. 3397 CONTRACT THIS AGREEMENT, entered into this _ day of , 2002, by and between the CITY OF NEWPORT BEACH, hereinafter "City,' and Damon Construction Company, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: BALBOA ISLAND PAVEMENT REHABILITATION AND WATER MAIN REPLACEMENT Project Description 3397 Contract No. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3397, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 20 Ll 0 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of five hundred seventeen thousand, four and no /100 Dollars ($517,004). 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. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Stephen J. Luy (949) 644 -3330 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: Damon Construction Company 455 Carson Plaza Drive, Unit F Carson, CA 90746 (310) 324 -7141 Contractor, by executing this Contract, "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 undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 0 0 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 22 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages i. City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. Failure to enter into the contract within 30 calendar days or to conform to any of the stipulated requirements shall be just cause for the annulment of the award and forfeiture of the bidder's security. In the event the bidder to whom an award is made fails or refuses to execute the contract or submit the required insurance and bond documents 23 • • within the said time, the City may declare the bidder's security forfeited, and may award the work to the next lowest responsible bidder, or may call for new bids. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and/or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 24 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. APPRT AS O O. 25 CITY OF NEWPORT BEACH A Municipal Corporation By: Mayor DAMON CONSTRUCTION COMPANY 0 _.� or, _.1 DATE 2/14/02 IMMIDEVVY) ACORD i�ln; -71�RM PRODUCER 619-699-0541 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ROBERT F. DRIVER COMPANY, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1620 FIFTH AVENUE ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. SAN DIEGO, CA 92101 COMPANIES AFFORDING COVERAGE JIM CASTLE COMPANY A No. American Capacity Ins. Co. INSURED COMPANY Damon Construction Co. B Golden Eagle Insurance Co. 455 Carson Plaza Drive COMPA14Y Carson CA 90746 C General Security Ins. Co. COMPANY D Explorer Insurance Co. MR 7 77---� ----------- ?-577s, THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER Poucy EFFECTIVE POLICY EXPIRATION LIMITS LTFI I DATE (MMMDMI I DATE (MMMDfYYI A GENERAL UMUTY BJ00000379-00 3101101 3/01102 -GENERAL AGGREGATE $ 2000000 X COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP /OP AGG $ 1000000 CLAIMS MADE Fx1OCCVR BLANKET PERSONAL & ADV INJURY 1 1000000 X OWNER'S & CONTRACTOR'S PROT CONTRACTUAL EACH OCCURRENCE S 1000000 X XCU INCLUDED FIRE DAMAGE IAny one tire) $ 50000 X BFPD MED EXP (A.Y .rw w..N f 5000 8 AUTOMOBILE LIABILITY CCP687363 3/01/02 COMBINED SINGLE LIMIT i 1000000 X ANY AUTO ALL OWNED AUTOS P VEI 16DILY INJURY SCHEDULED AUTOS -jIP 27 I;IAOILY INJURY HIRED AUTOS 7 2— NON-OWNED AUTOS (Per accident) .A R1 M CE PROPS DAMAGE I N DA G GARAGEUMUTY AUTO ONLY - EA ACCIDENT $ AR ANY ALTO OTHER THAN ALTO ONLY: EACH ACCIDENT $ AGGREGATE_ * kCEXCESS UMUTY CE9000532 3101/01 3/01102 EACH OCCURRENCE 11 1000000 �UMBRELLA FORM AGGREGATE $ 1000000 x OTHER THAN UMBRELLA FORM $ D WORKERS COMPENSATION AND WSD1557654-05 1/01102 1/01103 X WC STATU. S OTW TOW LIMIT FR EMPLOYERS, UABRITY EL EACH ACCIDENT $ 1000000 THE PROPR]ErORI X INCL EL DISEASE CY LIMB 1 1000000 PARTNERSIEXECU rive OFFICERS ARE: EXCL ELDISEAS:ZMEMPLOYEE 1 S 1000000 OTHER 10 DAY NOTICE OF PER PROJECT AGGREGATE CANCELLATION FOR NONPAYMENT DMCMMONOFOPB TIONSILOCATIONSIVMCLOISPECIALITMS RE: BALBOA ISLAND PAVEMENT REHABILITATION & WATER MAIN REPLACEMENT CITY OF NEWPORT BEACH (CONTRACT NO.33971. THE CITY OF NEWPORT BEACH & OTHERS REQUIRED BY CONTRACT ARE NAMED ADDITIONAL INSUREDS PER CG2010. WORKERS COMPENSATION WAIVER OF SUBROGATION APPLIES PER ATTACHED. GER71i toils WOW -Q!... SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE CITY OF NEWPORT BEACH EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL PUBLIC WORKS DEPT/ ATN: SHAUNA 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, P.O. BOX 1768 or FAILURJ TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY NEWPORT BEACH, CA 92658-8915 OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED CL 246 (11 -85) POLICY NUMBER: BJG0000379 -00 DAMON CONSTRUCTION COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 11 85 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT, ITS OFFICERS OFFICIALS, EMPLOYEES AND VOLUNTEERS. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. SPECIAL WORDING PRIMARY ENDORSEMENT: It is agreed that such insurance as is afforded by this policy for the benefit of the additional insured shown shall be primary insurance, and any other insurance maintained by the additional insured (s) shall be excess and non- contributory, but only as respects any claim, loss or liability arising out of the operations of the named insured (s) or its sub - contractors, and only if such claim, loss or liability is determined to be solely the negligence or responsibility of the named insured (s). Copyright, Insurance Services Office, Inc., 1984 Authorized Representative ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE Name of Person or Organization: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT, ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS. WHO IS AN INSURED is changed to include as Insured the Person or Organization shown in the Schedule, but only with respect to Bodily Injury or Property Damage resulting form the ownership, maintenance or use of a covered Auto by you. RE: ALL OPERATIONS PERFORMED BY THE NAMED INSURED ON BEHALF OF THE ADDITIONAL INSURED POLICY NUMBER CCP687363 COMPANY GOLDEN EAGLE INSURANCE CO. INSURED DAMON CONSTRUCTION CO. EFFECTIVE 4/20/01 Tam 4caL- Authorized Representative 0--; It WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 10% of the California workers' compensation premium subject to a $200 minimum otherwise due on such remuneration. SCHEDULE CITY OF NEWPORT BEACH, ITS OFFICERS, AGENTS, OFFICIALS, EMPLOYEES, AND VOLUNTEERS. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. EXPLORER INSURANCE COMPANY Insured: DAMON CONSTRUCTION CO. Policy Number: WSD1557654 -05 Endorsement Effective Date: 01/01/02 Authorized Representative 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL BALBOA ISLAND PAVEMENT AND WATER MAIN REPLACEMENT CONTRACT NO. 3397 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P. O. Box 1768 Newport Beach, California 92663 -8915 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3397 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization @_SFt)Es VPP ' Dollars and Cents $ C?D6 Per Lump Sum 2. Lump Sum Traffic Control @ F „�v �/tSur- p Dollars and Cents $ / p oo °° Per Lump Sum 3. 59,000 S.F. Remove Existing and Construct 8 -Inch Thick P.C.C. Roadway @ Dollars and Cents Per Square Foot 0 PR2of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 570 S.F. Remove Existing and Construct 6 -Inch Thick P.C.C. Driveway Approach o @ icy Dollars and Cents Per Square Foot 5. 750 S.F. Remove Existing and Construct 6 -Inch Thick P.C.C. Alley Approach 1 @ o� Dollars and 6po T Cents $ $ Per Square Foot 6. 1,690 S.F. Remove Existing and Construct P.C.C. Curb Access Ramp cx% @ 5 Dollars and Cents $ _7. $ _� Per Square Foot 7. 190 L.F. Remove Existing and Construct P.C.C. Curb Type "B" @ '+ ail Dollars and �S �75� Gents $ $ Per Linear Foot 8. 270 S.F. Remove Existing and Construct 4 -Inch Thick P.C.C. Sidewalk cry @ Dollars an -� � rt!' �6 6 Cents $ $ Per Square Foot . • • • PR3of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 9. 100 S.F. Remove Existing and Construct 4 -Inch Thick Colored, Stamped P.C.C. Sidewalk lt-p OL @ Dollars and and �` Cents $ rj , $ G� Per Square Foot 10. 1 Each Construct PCC Gate Valve Structure S / "A-& @ Dollars 7t�0c- nd 7�Q °i l ents $ $ / Per Each JkLA-)_ . 11. 10 L.F. Install 12 -inch P.V.C. Storm Drain C -9/000 _ @ l� �+`"" �� Dollars and Cu u m Cents $ 3a'.�" $ 3 o'26 °= Per Linear Foot 12. Lump Sum Remove Existing, Chip Out Existing Bulkhead, Install 12 -Inch P.V.C. Storm Drain and Mortar in Place @ � Dollars _ d and 4� t Cents $ Per Lump Sum 13. 4 Each Adjust Manholes to Grade @r�r�– Dollars CO Cents Per Each PR4of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 14. 7 Each Adjust Water Valve Covers to Grade �46k bollars and Cents $ Per Each 15. 24 Each Remove Existing /Provide and Install New PCC 1 -inch Meter Box and Traffic Cover @ tire, (dam Dollars c,O and Cents $ i $ Per Each 16. 1 Each Remove Existing /Provide and Install New PCC 2 -inch Meter Box and Traffic Cover @ �G<.r l� Dollars d hlMv `-;'and air° X96 Cents $ $ Per Each 17. 25 Each Adjust Existing Sewer Cleanouts to Grade r I ', @ Gf"�e�1tl Dollars w and Cents $ ADO ° —° 62 $ 7�4 Per Each 18. 680 L.F. Install 8 -inch C -900 P.V.C. Water Main @ PW N Dollars It 7qLpl—"' w and d'�✓'"''' 'Vr' /a Cents $ /of, Per Linear Foot 19, 90 L.F. Install 6-inch P.V.C. Water Main, C -900 @ 0 !' Dollars and d �Cents F $ Per Linear Foot PR5of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 20. 10 L.F. Install 4 -inch P.V.C. Water Main, C -900 @ Dollars �dnd d Al- Cents Per Linear Foot 21. 4 Each Install 8 -inch Resilient Wedge Gate Valve, Including Frame and Cover Dollars ct and Cents Per Each 22. 3 Each Install 6 -inch Resilient Wedge Gate Valve, Including Frame and Cover � Q Dollars and Cents Per Each 23. 2 Each Install 4 -inch Resilient Wedge Gate Valve, Including Frame and Cover( - Dollars ter— and Cents Per Each 24. 24 Each Remove Existing and Install New 1 -Inch Water Services @ Dollars and t :::,o d Cents Per Each I 25. 1 Each Remove Existing and Install New 2 -Inch Water Service @ Dollars inv and Cents Per Each $ 09 i°� 7 �'/ 0 $ �0 .50 $ /�4� &� . 0 F9cZ3Tfi ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 26. 2 Each Remove Existing and Install New Fire Hydrant Assembly Dollars cA,) and ld � :: acv Cents $ Per Each 27. Lump Sum Pressure and Test and Disinfect New Water Main @��`U°`'� Dollars cio and rr °p Cents Per Lump Sum 28. Lump Sum Traffic Striping cfD @ 7L' Dollars and Cents Per Lump Sum TOTAL PRICE IN WF and � Cents Date Bidder's Telephone and Fax Numbers ;. M Bidder's License No(s). and Classification (s) C.) s — i $ ' $ 3600° $ Total Price (Figures) Bidder Bidder's thorized Signature and Title Bidder's Addres 7V FAUsers\PBW\Shared \Contracts \FY 00- 01 \BALBOA ISLAND PAVEMENT & WATER MAIN C- 3397\PROPOSAL C- 3397.doc 0 0 1 1 1 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS BALBOA ISLAND PAVEMENT AND WATER MAIN REPLACEMENT CONTRACT NO. 3397 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -7 ADJUSTMENTS TO GRAFE 5 -8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 6 -7.4 Working Hours 1 1 1 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 4 4 0 0 6 -9 LIQUIDATED DAMAGES 4 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 4 7 -7 COOPERATION AND COLLATERAL WORK 4 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 5 7 -8.8 Steel Plates 5 7 -9 PROTECTION AND RESTORATION OF EXISTING 13 207 -9 IMPROVEMENTS 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 5 7 -10.1 Traffic and Access 5 7 -10.3 Street Closures, Detours, Barricades 6 7 -10.4 Public Safety 6 7- 10.4.1 Safety Orders 6 7 -10.5 "No Parking" Signs 7 7 -10.6 Street Sweeping Signs 7 7 -10.7 Notice to Residents and Temp Parking Permits 7 7 -15 CONTRACTOR LICENSES 7 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 8 SECTION 9 MEASUREMENT AND PAYMENT 8 9 -3 PAYMENT 8 9 -3.1 General 8 9 -3.2 Partial and Final Payment 12 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 13 201 -1 PORTLAND CEMENT CONCRETE 13 201 -1.1.2 Concrete Specified by Class 13 201 -2 REINFORECMENT FOR CONCRETE 13 201 -2.2.1 Reinforcing Steel 13 201 -5 CEMENT MORTAR 13 201 -5.6 Quick Setting Grout 13 SECTION 207 PIPE 13 207 -9 IRON PIPE AND FITTINGS 13 207 -9.2 Ductile Iron Pipe for Water and Other Liquids 13 207 -9.2.3 Fittings 13 207 -9.2.4 Lining and Coating 13 0 0 207 -9.2.6 Polyethylene Encasement for External Corrosion Protection 14 SECTION 214 PAVEMENT MARKERS 14 214-4 NONREFLECTIVE PAVEMENT MARKERS 14 214 -5 REFLECTIVE PAVEMENT MARKERS 14 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 14 300 -1 CLEARING AND GRUBBING 14 300 -1.3 Removal and Disposal of Materials 14 300 -1.3.1 General 14 300 -1.3.2 Requirements 14 300 -1.5 Solid Waste Diversion 14 SECTION 302 ROADWAY SURFACING 15 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 15 302 -6.6 Curing 15 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 15 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 15 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 15 303 -5.1.1 General 15 303 -5.5 Finishing 15 303 -5.5.2 Curb 15 303 -5.5.4 Gutter 15 SECTION 310 PAINTING 16 310 -5 PAINTING VARIOUS SURFACES 16 310 -5.6 PAINTING TRAFFIC STRIPING, PAVEMENT 16 MARKINGS, AND CURB MARKINGS 310 -5.6.7 Layout, Alignment and Spotting 16 310 -5.6.8 Application of Paint 16 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 17 312 -1 PLACEMENT 17 0 0 CITY OF NEWPORT BEACH UEX PUBLIC WORKS DEPARTMENT * SPECIAL PROVISIONS� CONTRACT NO. 3397 INTRODUCTION All work necessary for the completion of this contract shall be done in accord with (1) these Special Provisions; (2) the Plans (Drawing No. R- 5774 -S, W- 5286 -S, and T- 5866-S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1994 edition), including Supplements; (4) Standard Specifications for Public Works Construction (1997 edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, California, 90034, telephone (310) 202 -7775. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE. Add to this section: "The work necessary for the completion of this contract consists of removing existing sidewalk, curb access ramps, alley approaches, driveway approaches, curb, and existing roadway; and constructing curb inlet, P.C.C. sidewalk, curb access ramps, driveway approaches, alley approaches, curb, P.C.C. roadway and other incidental items of work." 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The Engineer will provide construction staking as required to construct the improvements. Any additional stakes or any restaking or costs thereof shall be the responsibility of the Contractor. The Contractor shall notify the City in writing two working days in advance of the time that the stakes are needed." 0 0 SP2OF17 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and protect them during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall have the affected survey monuments restored per records, at his expense. The Contractor's Engineer or Licensed Surveyor shall also file the required Corner Records with the County of Orange upon monument restoration. SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with," (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. This Section only applies to work in excess of the estimated quantities shown in the Proposal." SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. 0 0 SP3OF17 The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust to finish grade City - owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts, and survey monuments. The Contractor shall coordinate the adjustment of Southern California Edison, The Gas Company, Pacific Bell and cable television facilities to the finish grade with the appropriate utility company. 5-8 SALVAGED MATERIALS. The Contractor shall salvage all existing meter or valve box covers. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 -3402. SECTION 6 - -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "No work shall begin until a "Notice to Proceed" has been issued, a pre - construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style." The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be constructed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract withing forty -five (45) consecutive working days after the date shown on the "Notice to Proceed." S 0 SP 4 OF 17 It will be the Contractor's responsibility to ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read, "any City holiday, defined as January 1 st, the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday in November (Thanksgiving), day after Thanksgiving, December 24th, December 25th (Christmas) and December 31st. If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 8:00 a.m. to 4:30 p.m. Monday through Friday. Should the Contractor elect to work outside normal working hours, he must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $55.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read, "For each consecutive calendar day after the forty five consecutive working days specified for completion of the work, the time specified for completion of Work, whichever occurs first, as adjusted in accordance with subsection 6 -6, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500. Revise paragraph two, sentence one, to read, "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time." The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize the disruption time to the public. SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "The Contractor shall provide and install new water meter and valve boxes. All existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes shall be delivered to the City's Utilities Yard at 949 West 16th Street. The L SP 5 OF 17 Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 -3402. The City will enter into a separate contract to beautify the Balboa Island Bridge on Marine Avenue. This work includes traffic control that allows only one lane of traffic on the bridge, which will delay vehicle access on and off the Island. Furthermore, other contractors will be performing private contract work and performing other City contract work on Balboa Island during the period while work is being performed on this contract. The Contractor shall coordinate his activities with those other contractors to minimize disruption to them or the community. No extra costs will be provided to the Contractor for this coordination." 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use the City's water, he shall arrange for a meter and tender a $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." 7 -8.6 Water Pollution Control. Add to this section: "Surface runoff water containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin or the bay." 7 -8.8 Steel Plates. The City can provide a limited quantity of steel plates. These plates may be obtained for a rental charge of $15 per plate, per week or part thereof. In addition the Contractor shall deposit $100 for the use of the City's lifting eye fitting and for the use of trench plates. The Contractor shall obtain plates from and return plates to the City's Utilities Yard at 949 West 16th Street. To determine the number of plates available and to reserve the plates, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (949) 718 -3402. 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. Add to this section: "In locations where sidewalk is to be reconstructed, existing traffic signs shall be removed and stored by the Contractor. Prior to reinstallation, the Engineer shall examine the traffic signs and determine if any should be replaced. Replacement signs shall be furnished by the City and installed by the Contractor. Compensation for this work shall be included in the lump sum bid price for 'Remove, Store and Reinstall Traffic Signs.' In locations where sidewalk is not to be removed, existing traffic signs shall be protected in place." 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accord with Section 7 -10 of the Standard Specifications SP6OF17 and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer at least five working days prior to the pre - construction meeting a traffic control plan and detour plan(s) for each street and parking lot. The Contractor will be responsible for processing and obtaining approval of traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. All traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H.), 2001 Edition. The traffic control and detour plans must meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and /or lighted. 4. Vehicle access to and from residences may be limited or closed during working hours, with the Engineer's approval. 5. Access to remote areas of Little Balboa Island must be maintained during non - working hours, unless otherwise approved by the Engineer. The Contractor may cover all ONE WAY type signs adjacent to the construction to allow better ingress, egress, and parking during the construction. These signs must be uncovered immediately after they are no longer needed to allow temporary traffic access due to construction. 6. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection days, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the city's Refuse Superintendent, Mr. William Russo, at (949) 718 -3468 and all property owners." 7. Traffic may be detoured around Park Avenue for periods of up to one week per work area while the concrete pavement is being removed, replaced and opened to traffic again. Preferred detour routes are one -way streets to Balboa Avenue where applicable. Traffic detours using alleys should be kept to a minimum. 7 -10.4 Public Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons 0 0 SP7OF17 and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall furnish, install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division at (949) 644 -3717, for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be similar in design and color to sign R -38 of the CalTrans Uniform Sign Chart. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.6 Street Sweeping Signs. After posting "NO PARKING - TOW AWAY" signs, the Contractor shall cover street sweeping signs, on those streets adjacent to construction, in a manner approved by the Engineer. Immediately after construction is complete and the street is opened to traffic, the Contractor shall uncover the street sweeping signs. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a 4 '/4 -inch x 8 '/Z -inch construction notice to the adjacent residents describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours before the start of any construction, the Contractor shall distribute to the adjacent residents an 8 '/z -inch x 11 -inch written notice stating when construction operations will start and what disruptions may occur and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The written not ices will be prepared by the Engineer. The Contractor shall insert the applicable dates and times when the notices are distributed. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the Engineer. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. At the start of work and until completion of work, the Contractor shall possess a Business License issued by the City of Newport Beach. 0 0 SP 8 OF 17 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built' drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and so certified by the Engineer at the time each progress bill is submitted. Upon completion of the project, the Contractor shall provide "As- Built" corrections upon a copy of the Plans. The "As- Built" correction plans shall be verified by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read, "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work to complete the work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include all preparation and scheduling of materials and equipment necessary to complete the work under this contract. Item No. 2 Traffic Control: Work under this item shall include the delivery of all required notifications and temporary parking permits, posting of signs and all other costs incurred in notifying the residents. In addition this item shall include providing the traffic control required by the project including, but not limited to, preparation of traffic control plans, signs, cones, barricades, flashing arrow sign, K- rail, striping, flag men and all other work necessary to comply with the WATCH manual, 2001 edition, and City of Newport Beach requirements. Item No. 3 Remove Existing and Construct P.C.C. Street: Work under this item shall include removing existing P.C.C. Street, disposal of excess material, grading, compaction, construction of new 8 -inch thick P.C.C. street and all other work necessary to construct the P.C.C. street complete and in place. 9 ' SP 9 OF 17 Item No. 4 Remove Existing and Construct P.C.C. Driveway Approach: Work under this item shall include removing existing FCC driveway approach, disposal of excess material, grading, compaction, construction of new 6 -inch thick P.C.C. driveway approach, per C.N.B Std.- 163 -L, and all other work necessary to construct the P.C.C. driveway approach complete and in place. Item No. 5 Remove Existing and Construct P.C.C. Alley Approach: Work under this item shall include the removal of existing improvements and the construction of P.C.C. alley approach per C.N.B. Std. -143 -L and all other work necessary to remove the existing improvements and construct the alley approach complete and in place. Item No. 6 Remove Existing and Construct P.C.C. Access Ramps: Work under this item shall include the removal of existing improvements and the construction of P.C.C. access ramps, and all other work necessary to remove the existing improvements and construct the access ramps complete and in place, including the adjacent curb & gutter at the ramp. Item No. 7 Construct P.C.C. Curb Type "B ": Work under this item shall include disposal of excess material, grading, compaction, construction of new P.C.C. curb type "B ", per C.N.B Std.- 182 -L, and all other work necessary to construct the P.C.C. curb type "B" complete and in place. Item No. 8 Remove Existing and Construct P.C.C. Sidewalk: Work under this item shall include removing existing P.C.C. Sidewalk, disposal of excess material, grading, compaction, construction of new 4 -inch thick P.C.C. sidewalk and all other work necessary to construct the P.C.C. sidewalk complete and in place. Item No. 9 Remove Existing and Construct P.C.C. Colored and Stamped Sidewalk: Work under this item shall include removing existing colored and stamped P.C.C. Sidewalk, disposal of excess material, grading, compaction, construction of new 4 -inch thick colored and stamped P.C.C. sidewalk to match existing and all other work necessary to construct the colored and stamped P.C.C. sidewalk complete and in place. Item No. 10 Construct P.C.C. Gate Valve Structure: Work under this item shall include the construction of P.C.C. Gate Valve Structure per CNB Std -300 -1- including, but not limited to, pavement removal, exposing utilities in advance of work, excavation, temporary patching or plating, control of ground and surface water, backfill, compaction, disposal of excess excavated materials, construction of gate valve structure, installation of manhole frame and cover, potholing of all existing utilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, and all other work necessary to construct the P.C.C. gate valve structure complete and in place. City of Newport Beach General Services Dept. will provide the gate valve and assist in its installation. SP 10 OF 17 Item No. 11 Install 12 -inch PVC Storm Drain and connection to existing catch basin: Work under this item shall include furnishing and installing all pipe material including, but not limited to, potholing of all operations, trench excavations, temporary patching or trench plates, control of ground and surface water, installation of pipe, installation of external joint sealer, placement of bedding, and crushed aggregate base, compaction, fittings, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work necessary to install complete and in place. Item No. 12 Remove Existing, Chip Out Bulkhead and Install 12 -Inch P.V.C. Storm Drain: Work under this item shall include removing existing P.C.C. Sidewalk, disposal of excess material, chipping out the existing bulkhead to expose the existing 12 -inch corrugated aluminum storm drain, installation of 12 -inch long body Dressler stainless steel coupling, control of ground, surface and bay water and all other work necessary to remove existing, chip out bulkhead and install 12 -inch P.V.C. storm drain complete and in place. Item No. 13 Adjust Manholes to Grade: Work under this item shall include adjusting all manholes to grade and any equipment necessary to complete the work under this contract. Item No. 14 Adjust Water Valve Covers to Grade: Work under this item shall include adjusting all water valve frames and covers to grade and any equipment necessary to complete the work under this contract. Item No. 15 Remove Existing, Provide and Install New P.C.C. 1 -Inch Meter Box and traffic cover: Remove existing P.C.C. meter box, salvage existing cast iron traffic cover, install new P.C.C. meter box and cast iron traffic cover, per applicable portions of City of Newport Beach Std - 502 -L, including but not limited to, disposal of excess excavated materials, installation of a new P.C.C. meter box and traffic cover, salvage of existing cast iron traffic cover, adjustment to grade, and all other work necessary to remove existing, provide and install new P.C.C. meter box and cast iron traffic cover complete and in place. Item No. 16 Remove Existing, Provide and Install New P.C.C. 2 -Inch Meter Box and traffic cover: Remove existing P.C.C. meter box, salvage existing cast iron traffic cover, install new P.C.C. meter box and cast iron traffic cover, per applicable portions of City of Newport Beach Std - 503 -L, including but not limited to, disposal of excess excavated materials, installation of a new P.C.C. meter box and traffic cover, salvage of existing cast iron traffic cover, adjustment to grade, and all other work necessary to remove existing, provide and install new P.C.C. meter box and cast iron traffic cover complete and in place. Item No. 17 Adjust all Sewer Cleanouts to Grade: Work under this item shall include, but not be limited to, pavement removal, excavation, temporary patching or 0 0 SP 11 OF 17 plating, control of ground and surface water, backfill, compaction, disposal of excess excavated materials, and all other work necessary to adjust sewer cleanouts to grade complete and in place. Item No. 18 Install 8 -inch PVC, C -900, Water Main: Work under this item shall include furnishing and installing all pipe material including, but not limited to, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of pipe, fittings, couplings thrust blocks, potholing of all existing facilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work necessary to install complete and in place. Item No. 19 Install 6 -inch PVC, C -900, Water Main: Work under this item shall include furnishing and installing all pipe material including, but not limited to, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of pipe, fittings, couplings thrust blocks, potholing of all existing facilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work necessary to install complete and in place. Item No. 20 Install 4 -inch PVC, C -900, Water Main: Work under this item shall include furnishing and installing all pipe material including, but not limited to, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of pipe, fittings, couplings thrust blocks, potholing of all existing facilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work necessary to install complete and in place. Item No. 21 Install 8 -inch Ductile Iron Resilient Wedge Valve: Work under this item shall include furnishing and installing a 8 -inch Ductile Iron Resilient Wedge Valve including, but not limited to, valve box and cover and valve extension all other work necessary to install 8 -inch Ductile Iron Resilient Wedge Valve complete and in place. Item No. 22 Install 6 -inch Ductile Iron Resilient Wedge Valve: Work under this item shall include furnishing and installing a 6 -inch Ductile Iron Resilient Wedge Valve including, but not limited to, valve box and cover and valve extension all other 0 0 SP 12 OF 17 work necessary to install 6 -inch Ductile Iron Resilient Wedge Valve complete and in place. Item No. 23 Install 4 -inch Ductile Iron Resilient Wedge Valve: Work under this item shall include furnishing and installing a 4 -inch Ductile Iron Resilient Wedge Valve including, but not limited to, valve box and cover and valve extension all other work necessary to install 4 -inch Ductile Iron Resilient Wedge Valve complete and in place. Item No. 24 Remove Existing and Install 1 -inch Water Service: Work under this item shall include removal of existing water service, installation of a new 1 -inch water service in accordance with City of Newport Beach std.- 502 -L., including, but no limited to, exposing utilities in advance of the work, trench excavation, control of ground or surface water, backfill, compaction, disposal of excess excavated materials, installation of Type "K" copper tubing, and all other work necessary to install the water service complete and in place. Item No. 25 Remove Existing and Install 2 -inch Water Service: Work under this item shall include removal of existing water service, installation of a new 2 -inch water service in accordance with City of Newport Beach std.- 502 -L., including, but no limited to, exposing utilities in advance of the work, trench excavation, control of ground or surface water, backfill, compaction, disposal of excess excavated materials, installation of Type "K" copper tubing, and all other work necessary to install the water service complete and in place. Item No. 26 Install New Fire Hydrant Assembly: Work under this item shall include furnishing and installing a new fire hydrant assembly in accord with City of Newport Beach STD - 500 -L, including but not limited to fire hydrant, fire hydrant bury, valve, valve box and cast Iron traffic cover, valve extension, removal and replacement of existing sidewalk per CNB STD-1 80-L and all other work necessary to install a new fire hydrant assembly complete and in place. Item No. 27 Pressure Test, Disinfect and Flush Water Main: Work under this item shall include successfully pressure testing, disinfecting and flushing the new water mains per the project specifications. Item No. 28 Traffic Striping: Work under this item shall include traffic striping, placement of reflective markers, and removal, storage and replacement of any street signs and all other work to complete traffic striping, placement of pavement markers, and removal, storage and replacement of any street signs complete and in place. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." 0 0 SP 13 OF 17 PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: 'Portland Cement concrete for construction, except roadway pavement, shall be Class 560 -C -3250. Portland Cement concrete for roadway construction shall be 650 -C -4000. The Contractor shall provide submittals for approval by the Engineer of any accelerants to facilitate the opening of the roadway in the time allotted." 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: 'Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." 201 -5 CEMENT MORTAR 201 -5.6 Quick Setting Grout. Add to this section: "The Contractor shall grout the area between an existing reinforced concrete structure and the new storm drain pipe with SikaGrout 212 quick setting grout or an approved equal." SECTION 207 -- -PIPE 207 -9 IRON PIPE AND FITTINGS 207 -9.2 Ductile Iron Pipe for Water and Other Liquids 207 -9.2.3 Fittings. Add to this section: "Water main fittings shall be manufactured in accord with AWWA C110 (ANSI A21 -10) and a shall be ductile iron. Cast Iron fittings shall not be accepted. Compact body fittings (AWWA C153) will not be permitted unless otherwise specified. Mechanical joint fittings shall be manufactured in accord with AWWA C110 and shall have retainer glands. Retainer glands shall be Uni- Flange Block Buster Series 1390 Pipe Restraint device for PVC bell joints. All flanged pipe and fitting shall be shop fabricated, not field fabricated. Adapter flanges shall be ANSI B16.5 pattern, Class 150 flanges. Bolts and nuts for all installations shall be Type 316 stainless steel. Threads shall be coated with a liberal amount of anti -seize compound. Flange gaskets shall be full -faced Buna -N, nylon impregnated rubber." 207 -9.2.4 Lining and Coating. Revise this section to read, 'The internal surfaces of ductile iron pipe and fittings used for water mains shall be lined with a uniform thickness of cement mortar the sealed with bituminous coating in accord with .I 0 0 SP 14 OF 17 AWWA C104 (ANSI A21 -4). The outside surface of ductile iron pipe fittings shall be coated with bituminous coating 3 mils thick in accord with ANSI A 21.6 on ANSI A21.51." 207 -9.2.6 Polyethylene Encasement for External Corrosion Protection. Revise this section to read, "Ductile iron pipe fittings and valves buried underground shall be protected with plastic film wrap in accord with AWWA C105 (ANSI A 21.5). Wrap shall be tightly taped 8 -mil thick polyethylene." SECTION 214 - -- PAVEMENT MARKERS 214-4 NONREFLECTIVE PAVEMENT MARKERS. Add to this Section: "All new non - reflective pavement markers types A and AY shall be ceramic." 214 -5 REFLECTIVE PAVEMENT MARKERS. Add to this Section: "All new reflective pavement markers shall have glass- covered reflective faces or be 3M Series 290." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stoppers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each work day." 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with, "Saw cuts shall be neatly made to a minimum of 2 inches." And replace the words 1 '/� inch" of the last sentence with the words "2 inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility which crushes such . .1 0 SP 15 OF 17 materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer. SECTION 302 - -- ROADWAY SURFACING 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 302 -6.6 Curing. Add to this section: "The Contractor shall open street improvements to vehicular use within 72 hours after placing and finishing the concrete. Strength of concrete may be attained more rapidly, to meet the time constraints herein, by the use of additional Portland cement, accelerants or admixtures with prior approval of the Engineer." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, and irrigation systems shall be repaired and placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 2,000 psi." 303 -5.5 Finishing 303 -5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer lateral and a chiseled 'V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718 - 3402." 303 -5.5.4 Gutter. Add to this section: "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." _1 0 0 SP 16 OF 17 SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 PAINTING TRAFFIC STRIPING, PAVEMENT MARKINGS, AND CURB MARKINGS 310 -5.6.7 Layout, Alignment, and Spotting Modify and amend this section to read: 'The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 310 -5.6.8 Application of Paint Modify and amend this section to read: `Painted traffic striping and markings shall be applied in two coats. The first coat of paint shall be dry before the second coat is applied. At least one application of paint shall be applied to all striping and markings within 24 hours after the finish course has been placed. Only one coat of paint is required when thermoplastic marking or raised pavement markers will be applied directly over the paint lines. Paint for traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These paints shall be applied at 15 mils wet. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re- install "NO PARKING, TOW- AWAY" signs and re- notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes /covers /damages existing striping and /or raised pavement markers outside of the work area, he shall re- stripe /replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." 0 C� • SP 17 OF 17 SECTION 312 - -- PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT Amend this section with: 1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD - 902 -L. 2. The Contractor shall replace within fifteen days, after reconstruction, all raised pavement buttons and markers." F: \USERS \PBW\Shared \Contracts \FY 01 -02 \Balboa Island Pavement Replacement C- 3397\FIRST BID C- 3397\SPECS C- 3397.doc FEB 12 2002 TO: Mayor and Members of the City Council FROM: Public Works Department February 12, 2002 CITY COUNCIL AGENDA ITEM NO. 12 SUBJECT: BALBOA ISLAND PAVEMENT REHABILITATION AND WATER MAIN REPLACEMENT - AWARD OF CONTRACT NO. 3397 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3397 to Damon Construction Company for the Total Bid Price of $517,004, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $51,700 to cover the cost of unforeseen work. DISCUSSION: At January 30, 2002, the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low Damon Construction Company $517,004.00 2 G.C.I. Construction Company $536,940.00 3 All American Asphalt $565,565.00 4 M. Ahmadi Construction and Engineering, Inc. $607,125.00 The low total bid amount is one percent below the Engineer's Estimate of $520,000. The low bidder, Damon Construction Company, possesses a General Classification "A" contractor's license as required by the project specifications. Damon Construction Company has satisfactorily completed similar concrete repair projects for the City. This project includes reconstruction of existing deteriorated concrete streets on both Balboa Island and Little Balboa Island. 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MEXHIBIT PUBLIC WORKS DEPARTMENT APPROVED BALBOA ISLAND PAVEMENT REPLACEMENT; C -3397 DRAWING • C39) C -33gr] January 8, 2002 CITY COUNCIL AGENDA ITEM NO. io TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: BALBOA ISLAND PAVEMENT REPLACEMENT, CONTRACT NO. 3397 — REJECT ALL BIDS I c: RECOMMENDATIONS: 1. Reject all bids, and direct Staff to re -bid the project. { a DISCUSSION: APPROVED At 11:00 A.M on December 18, 2001, the City Clerk opened and read the following bids for this project: TOTAL BID AMOUNT $580,440 597,149 *648,648 750,000 * Corrected Bid Amount is $634,247.50 One Addendum was issued for this project in regard to traffic control related issues. A fifth bid received from 4 -Con Engineering was not considered because it did not contain a signed copy of this addendum. The low total bid amount is 21 percent above the Engineer's Estimate of $480,000. The low bidder, Damon Construction Co., possesses a General Classification "A" contractor's license as required by the project specifications. Damon Construction Company has satisfactorily completed similar concrete repair projects for the City. This project includes reconstruction of existing deteriorated concrete streets on both Balboa Island and Little Balboa Island. The project also includes water main replacement in the area of Little Balboa Island in the previously completed Undergrounding District No. 78. The low bid is approximately $100,000 over the estimated cost for the project. While the bid costs of the pavement replacement portion of the work are competitive, the bid costs for the water line replacement work are grossly inflated. All of the bidders are BIDDER Low Damon Construction Co. 2 Hillcrest Contracting Inc. 3 All American Asphalt 4 Nobest Incorporated TOTAL BID AMOUNT $580,440 597,149 *648,648 750,000 * Corrected Bid Amount is $634,247.50 One Addendum was issued for this project in regard to traffic control related issues. A fifth bid received from 4 -Con Engineering was not considered because it did not contain a signed copy of this addendum. The low total bid amount is 21 percent above the Engineer's Estimate of $480,000. The low bidder, Damon Construction Co., possesses a General Classification "A" contractor's license as required by the project specifications. Damon Construction Company has satisfactorily completed similar concrete repair projects for the City. This project includes reconstruction of existing deteriorated concrete streets on both Balboa Island and Little Balboa Island. The project also includes water main replacement in the area of Little Balboa Island in the previously completed Undergrounding District No. 78. The low bid is approximately $100,000 over the estimated cost for the project. While the bid costs of the pavement replacement portion of the work are competitive, the bid costs for the water line replacement work are grossly inflated. All of the bidders are . • r a Subject: Balboa Island Pavement and Water Main Replacement, Contract No. 3397 — Reject All Bids January 8, 2002 Page: 2 primarily street replacement contractors with the same sub - contractor listed for the water line work in four of the five bids. This lack of competition for the work performed by waterline subcontractors caused inflated bids for the water main portion of the project. To remedy this situation, staff will re- advertise the project with emphasis on both the pavement and waterline portions of work. Additionally, staff will contact area water main contractors and encourage their participation. Staff plans to re -bid the project in January and award in February. This will allow enough construction time to complete the project before summer. Respectfully PUBLIC WORKS DEPARTMENT Stepligri G. Badum, Director Stephen J.'Luy, P. Project Manager Attachment: Project Location Map Bid Summary Z Z v cW LU uj M W �a 00 3x W � Z O LL.3 OU Um IL O N W N E N W O Q 2 U f w u O m Y � 0 N y Y U � W J U ;E Lij O4 �Lo Q lz co c a E °o d p T R 0 J C 1� pOp�ppp c M YF N IL W c A N FM a F w to Z w z G� w w zw Ov W d 0 w A a V S C f N 0 m m m `a 9 sp o s s o s s s o o s 0-50i s moo$ 0 0 S b O O O O N O O O O O O O O C W O O X O v 0 Z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o0 0 0 0 0 t7 o 0 0 0 N 0 0 W 0 0 N 0 lC W O p Z O O V O v b O v N Z � b M O V b R. 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EXHIBIT A r- COLLINS O `0 RUBY, > DIAMOND z o -� p O SAPPHIRE n zn r m z CORAL DAPOLENA 0 V i a z � AMETHYST ONYX MARINE ABALONE CRYSTAL JADE A CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND PAVEMENT REPLACEMENT; C -3397 DATE APPROVED DRAWING NO. EXHIBIT A CI "TY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 March 4, 2002 All American Asphalt P.O. Box 2229 Corona, CA 92878 -2229 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Island Pavement Rehabilitation and Water Main Replacement Project (Contract No. 3397) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (949) 644 -3005 March 4, 2002 GCI Construction, Inc. 245 Fischer Avenue, Suite B -3 Costa Mesa, CA 92626 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Island Pavement Rehabilitation and Water Main Replacement Project (Contract No. 3397) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CI Y OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 March 4, 2002 M. Ahmadi Construction & Engineering, Inc. 133 N. Pixley Street Orange, CA 92828 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Island Pavement Rehabilitation and Water Main Replacement Project (Contract No. 3397) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach