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HomeMy WebLinkAboutC-3462 - Peninsula Point Water Main Replacement, Phase I0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC April 8, 2004 P & J Utility Company 419 N. Larchmont Blvd. Los Angeles, CA 90004 Subject: Peninsula Point Water Main Replacement (C -3462) To Whom It May Concern: On April 8, 2003, 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 June 23, 2003. The Surety for the contract is Developers Surety and Indemnity Company, and the bond number is 832820P. Enclosed is the Faithful Performance Bond. Sincerely, LaVonne M. Harkless, CMC City Clerk cc: Public Works Department Sean Crumby, Junior Engineer enclosure 3300 Newport Boulevard - Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us • • BOND NO. 832820P PREMIUM $6,859.00 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PENINSULA POINT WATER MAIN REPLACEMENT CONTRACT NO. 3462 BOND NO. 83282DP FAITHFUL PERFORMANCE BOND The premium hh5arp es on this Bond is 6,859.00 being at the rate of $ 15' 0(Ln.xxtt$.29���70 ' thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to P & J Utility Company, hereinafter designated as the "Principal ", a contract for construction of PENINSULA POINT WATER MAIN REPLACEMENT, Contract No. 3462 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. 3462 and the terms thereof require the fumishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and DEVELOPERS SURETY AND INDEMNITY 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 three hundred ninety thousand, five hundred seventy and 001100 Dollars ($390,570.00) 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 loth day of October 2002. P & J Utility Company (Principal) DEVELOPERS SURETY AND INDEMNITY COMPANY Name of Surety 17780 Fitch, /1200 Irvine, CA 92614 Address of Surety (949) 263 -3300 Telephone Authorized �Signature/Title Authorized Agent Signature Marsha C. Garrison, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 0 10 CALIFORNIA ALL.PLIRPOSc ACKNOWLEDGMENT State of County of California On October 10. 2002 before me, Leon E. Blakely, Jr- /Notary Public Date Name and P,Ae of CMoer (e.g.. Vane Coe, Notary Puhllaj personally appeared Marsha C. Garrison Name(.) d signer(.) LEON E. BLAKELY JR. COMM. #1314159 i 3 NuIAhy PUBLIC - CALIFORNIA 3 ORANGE COUNTY _y COMM. CammEx� p, A glr LN personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(Z) whose name(g) is /a`f�i subscribed to the within instrument and acknowledged to me that /she /?X executed the same in M/herAWauthorized capacity(TA), and that by her /NiWi signature() on the instrument the person(F,), or the entity upon behalf of which the perscn(ij acted, executed the instrument. WITNESS my hand and official seal. 5'igname of Nola P' uC OPTIONAL Thcugh the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulant removal and reartactnnent of this form to another document. Description of Attached Document Title or Type of Document: Faithful Performance Bond Document Date: October 10, 2002 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Marsha C. Garrison ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — :❑ Limited ❑ General X(Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): C ❑ Partner — ❑ Limited ❑ General Attomey -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: Top of mumb here 0 0 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725. IRVINE. CA 92623 • (949) 263 -3300 KNOW ALL MEN BY THESE PRESENTS, that except a.s expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: . * ** Marsha C. Garrison, Leon Blakely, Jr., Jointly or severally * ** as their true and lawful Anorney(s) -in -Fact. to make, execute, deliver and acknowledge. for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s) -in -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection [herewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Anorney(s) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1.2000: RESOLVED, that the Chairman of the Board. The President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney. qualifying the anornev(s) named in the Powers of Attorney To execute. on behalf of the corporations, bonds, undertakings and contracts of suretyship: and That The Secretary or any Assistant Secretary of The corporations be, and each of them hereby is, authorized to arrest the execution of any such Power of Attorney: RESOLVED. FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relining thereto by facsimile, and ;mv Such Power of Attorney or certif icote bearing .such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with aspen to nnv bond, undertaking or contract of suretvship to which it is munched. IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally canned these presents to be signed by Their respective Exectuive Vice President and arrested by Their respective Secretary this S"' day of January. 2002. Bv: •,,4,,kj., AND „ /rye•.,, MPANyO David H. Rhodes, Executive Vice President yJQ; +OpPOR,yl :Fiy% GO Pp Oq 'c T, m OCT ID =o` 1936 of w 7967 vo Walter A. Crowell, Secretary %!d!';' .OWN .,•`ad_•,; 2 g4FOP�\ a STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On January f, 2002. before me, Antonio Alvorado, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed To the within instrument and acknowledged to me that [hey executed the same in their authorized capacities, and That by their signatures on The instrument The entity upon beh;dPof which the nensnns acted. executed The insvumem. WITNESS my hand and official seal. Signature CERTIFICATE _ ANTONIO ALVARADO p Comm. q 1300303 f g p Notary Public - California >S - e ORANGE COUNTY My Comm. Expires APRIL 10, 2005 The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of me respective Boards of Directors of said corporations set forth in the Power of Attorney. are in force as orthe date of [his Certificate. This Certificate is executed in The City of Irvine, California, the 10th day of October , 2002 By (a 4. /' David G. Jane, Chief Operating Officer ID-1380 (01102) 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of r County of before q me,� �' IJ t�^ NSt 7u ; personally appeared ffi ' jev — personally known to me – OR - ❑ proved to me on the basis of satisfactory evidence to be the person( whose name( is /aT27subscribed to the within instrument and acknowledged to me that helslKe /th*y executed the same in his/Ii;tr /th* authorized capacity(, and that by his/h</thbir JULIE AUYEUNG LE``TOW signature(* on the instrument the person , or the behalf entity upon of which the person acted, Commission #1272780 u NOfOty DubliC •California y executed the instrument. Los Angeles County My Comte Expires Aug.31.2M4+ WITNESSED my hand and official seal. 7 �d Signature of Notary OPTIONAL Though the data below is not required by law, it may prove valuable to persons roiying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual 0 Corporate Officer Title OPartner(s) 0 Limited ❑ General 0 Attorney -In -Fact 0 Trustee(s) 0 Guardian/Conservator ❑ Other: Signer is representing: Name of person(s) or entity(ies) Title Or Typ' Of Document Number of pages -1,t- -w -Date of Document Signer(s) other than named above June 23, 2003 P & J Utility Company 419 N. Larchmont Blvd. Los Angeles, CA 90004 E CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVorme M. Harkless, CMC Subject: Peninsula Point Water Main Replacement (C -3462) To Whom It May Concern: On April 8, 2003, 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 May 5, 2003, Reference No. 2003000506222. The Surety for the contract is Developers Surety and Indemnity Company, and the bond number is 832820P. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, CMC City Clerk cc: Public Works Department Sean Crumby, Junior Engineer encl. 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 - 3039 - www.city.newport- beach.ca.us 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PENINSULA POINT WATER MAIN REPLACEMENT CONTRACT NO. 3462 BOND NO. 832820P PREMIUM INCLUDED IN PERFORMANCE BOND LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to P & J Utility Company, hereinafter designated as the "Principal," a contract for construction of PENINSULA POINT WATER MAIN REPLACEMENT CONTRACT, Contract No. 3462 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. 3462 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, DEVELOPERS SURETY AND INDEMNITY 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 of three hundred ninety thousand, five hundred seventy and 00/100 Dollars ($390,570.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 26 0 0 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the loth day of October '2002. P & J Utility Company (Principal) Authorized Signature/Title DEVELOPERS SURETY AND INDEMNITY COMPANY Name of Surety 17780 Fitch, #200 Irvine, CA 92614 Address of Surety (949) 263 -3300 Telephone Authorized Agent Signature Marsha C. Garrison, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 CALIFORNIA ALL -PUR cE ACKNOWLEDGMENT • State of California County of Or_ ange On October 10, 2002 before me, Leon E. Blakely, Sr. /Notary Public owe Name and rifle of Office, (e.g., -Jane Oae. Notary Public-) personally appeared Marsha C. Garrison Name(s)dt eigner(s) ' WITNESS my hand and official seal. .� signature Of Notary Pudic OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Labor and Materials Payment Bond Document Date: October 10, 2002 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Marsha C. Garrison ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner —❑ Limited ❑ General 0( Atto rn ey-in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: rr ^n -c.m- Top of thumb here Signer's Name: ❑ ❑ ❑ Number of Pages: Individual Corporate Officer Title(s): Partner —❑ Limited Attorney -in -Fact Trustee 01 General Guardian or Conservator Other: Signer Is Representing: �n o Top of ;numb here LX personally known to me ❑ proved to me on the basis of satisfactory evidence �1 LEOry to be the person(g) whose name(A� is /ak4 subscribed to the E. 9LgKElY aR, ° COMM. # 1314159 * °m within instrument and acknowledged to me thatVe /she /� i , NUTA (Y PU6LIC•CALIFORNIA 3 executed the same in KiX/herAPWauthorized capacity(TA), ORANGE COUNTY hi) �I My COMM. Exp• Aug. 18, 2005( and that by her /NV04Xsignature(Z) on the instrument the = _[ person($), or the entity upon behalf of which the person(i; acted, executed the instrument. WITNESS my hand and official seal. .� signature Of Notary Pudic OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Labor and Materials Payment Bond Document Date: October 10, 2002 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Marsha C. Garrison ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner —❑ Limited ❑ General 0( Atto rn ey-in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: rr ^n -c.m- Top of thumb here Signer's Name: ❑ ❑ ❑ Number of Pages: Individual Corporate Officer Title(s): Partner —❑ Limited Attorney -in -Fact Trustee 01 General Guardian or Conservator Other: Signer Is Representing: �n o Top of ;numb here • 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of County of 2 of On Cl7 °IS —vii 62, before me, a eared - �j�, , ui�'TrLI), personally personally known to me — OR - ❑ proved to me on the basis of satisfactory evidence to be the persons whose name(.jZis /alcsubscribed to the within instrument and acknowledged to me that he /sWthdi executed the same in his/ho /their authorized capacity(e), and that by his/her /tHr signature(s on the instrument the person(, or the JULIE AUYEUNG LEVTOW entity upon behalf of which the personoo acted, >':.. Cammasion 41272760 c executed the instrument. Notary Public • California N m Los Angeles Gounty My Comm Expires Aug. 31,_2004 WITNESSED my hand and official seal. Signature of Notary OPTIONAL Though the data below is not required by law, it may prove valuable to persons rot'ying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer Title ❑Partner(s) ❑ Limited ❑ General ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name of person(s) or entity(ies) Title Or Type Of Document Number of pages Date of Document _G> Signer(s) other than named above Recorded in Official Records, County of Orange Tom Daly, Clerk- Recorder RECORD ESTB BY O FEE WHEN RECODE E 2003000506222 02.33pm 05105103 CI Clerk 213 96 N12 1 City of Newport Beach 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3300 Newport Boulevard Newport Beach, CA 92663 xempt from recor in 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 P & J Utility Company, as Contractor, entered into a Contract on October 8, 2002. Said Contract set forth certain improvements, as follows: Peninsula Point Water Main Replacement (C -3462) Work on said Contract was completed on March 14, 2003, and was found to be acceptable on April 8, 2003, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Developers Surety and Indemnity Company. BY— Pub' (rector y 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 at Newport Beach, California. BY ilC %� <<� 1 1 : /,71Cf7t �1� of 14E�,b City Clerk ORNII • �. Q��1 tea@ CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC April 10, 2003 Orange County Recorder P. O. Box 238 Santa Ana. CA 92702 RE: Notices of Completion for the Sewer and Storm Drain Lining Program (C -3465) and the Peninsula Point Water Main Replacement (C -3462) Please record the enclosed documents and return to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, CMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 0 i RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Exempt from recor in ees 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 P & J Utility Company, as Contractor, entered into a Contract on October 8, 2002. Said Contract set forth certain improvements, as follows: Peninsula Point Water Main Replacement (C -3462) Work on said Contract was completed on March 14, 2003, and was found to be acceptable on April 8, 2003, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Developers Surety and Indemnity Company. 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 _S at Newport Beach, California. BY City Clerk �' �! CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT (31) 0,3,142, Agenda Item No. 8 April 8, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY FROM: Public Works Department Sean Crumby, Junior Engineer 949 -644 -3311 scrumby@city.newport-beach.ca.us SUBJECT: PENINSULA POINT WATER MAIN REPLACEMENT CONTRACT NO. 3462 — COMPLETION AND ACCEPTANCE RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the 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. DISCUSSION: On October 8, 2002, the City Council authorized the award of the Peninsula Point Water Main Replacement contract to P & J Utility Company. The contract provided for the removal and replacement of the existing waterline within the oceanfront alley on peninsula point from Channel Road to G Street. Also, a 200 foot section of sewer main and selected sewer laterals along the entire length of the main were reconstructed. 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: $390,570 Actual amount of bid items constructed: $376,883 Total amount of change orders: $30,400 Final contract cost: $407,283 The increase in the final contract cost from the original bid amount resulted from additional City requested sewer laterals and miscellaneous work during construction. SUBJECT: Peninsula Point Water Replacment- Contract No. 3462 - Completion An ptance April 8, 2003 Page 2 Four change orders increased construction cost a total of $30,400. The change orders are as follows: • Change Order #1: Time Extension (no additional cost), • Change Order #2: City requested additional sewer laterals ($17,500), • Change Order #3: City requested additional sewer laterals ($6,250), and • Change Order #4: City requested miscellaneous additional work ($6,650). The final overall construction cost including change orders was 7.78 percent above the original bid amount. Funds for. the project were budgeted in the Water Enterprise Fund under the Water Distribution and Piping Capital Improvement Account No. 7501- C5500578. All work was completed on March 14, 2003. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines at the time the project was authorized by the City Council. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. The project involved internal lining of existing sewer mains and storm drains lines. Prepared by: =�4�i' Sean Crumby Junior Enginee Submitted by: $.10he6,9. Badum Public orks Director • ROBERTSON'S ROCK • SAND • BASE MATERIALS READY MIX CONCRETE UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT The undersigned has been paid in full for all labor, services equipment or material furnished to: P & J UTILITIES COMPANY on the job of: CITY OF NEWPORT BEACH located at: OCEAN DR & L ST TR# NEWPORT BEACH LOT# and does hereby waive and release any right to a mechanic's lien, stop notice, or any right against a labor and material bond on the job, except for disputed claims for extra work in the amount of Dated: 05/23/2003 Robertson's J.C.N. #: 030120 !6% .-.. - "NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT,EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL FINAL RELEASE FORM." State of California County of Riverside on before me, NQJARY PUBLIC, PERSONALLY APPEARED personall known e the person whose name i scribed to the within instrument and acknow her authorized capacity, the person or the entity the instrument. / official seal. Date Conies Sent To: ❑ Mayor ❑ Council Member ❑ Manager F rney 200 S. Main St., Ste. 200 •`CoMn ,-e� P.O. Box 1659 • Corona, CA 92878 -1659 (800) 834 -7557 • Fax (909) 493 -6431 WITNESS my_jiaTfa and e /she executed the same in his/ an�nbmhalE er signature on the instrument of whi c rson acted, executed c= _J - cc RELEASE OF STOP NOTICE TO: CITY OF NEWPORT BEACH 3300 NEWPORT BLVD 9 NEWPORT BEACH You are hereby notified that the undersigned claimant releases that certain Stop Notice dated 05/13/03 in the amount of 2,191.85 against CITY OF NEWPORT BEACH as owner or public body and P & J UTILITIES as prime contractor in connection with the work of improvement known as OCEAN DR & L ST in the City of NEWPORT BEACH State of California. Date 05/30/03 County of ORANGE Name of Clai n Robertson's 7. By Authorize Agent VERIFICATION I, the undersigned, state: I am the Agent of the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 05/30/03 , at Corona, California. STOP NOTICE (California Civil Code Section 3103) NOTICE TO CITY OF NEWPORT BEACH 3300 NEWPORT BLVD NEWPORT BEACH (If Private Job -file with responsible officer or person at office or branch of construction lender administering the construction funds or with the owner -CIVIL CODE SECTIONS 3156 -3175) (IF Public Job -file with office of controller,auditor,or other public disbursing officer whose duty it is to make payments under provisions of the contract -CIVIL CODE SECTIONS 3179 -3214) ; Prime Contractor: P & J UTILITIES COMPANY w Sub Contractor (If Any): Owner or Public Body: CITY OF NEWPORT BEACH Improvement known as OCEAN DR & L ST County of ORANGE State of California. r.5 Robertson's, Claimant, a Partnership, furnished certain ; labor service, equipment or materials used in the above- z3l�scriBed work of improvement. The name of the person or company to whom claimant furnished service, equipment, or materials is P & J UTILITIES COMPANY The kind of materials furnished or agreed to be furnished by claimant was ready mix concrete, rock and /or sand materials. Total value of labor,service,material to be furnished ...... $ 2,191.85 Total value of labor,service,materials actually furnished..$ 2,191.85 Credit for materials returned, if any ......................$ 0.00 Amount paid on account, if any .............................$ 0.00 Amount due after deducting all just credits and offsets .... $ 2,191.85 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of $ 2,191.85 and in addition thereto sums sufficient to cover interest court costs and reasonable costs of litigation, as provided by law. A bond (CIVIL CODE SECTION 3083) is not attached.(Bond required with Stop Notice served on construction lenders on private jobs -bond not required on public jobs or on Stop Notice served on owner on private jobs) Dated 05/13/03 Name and address of Claimant ROBERTSON'S \ o P.O. Box 1659 C = Corona Ca. 92878 0o n o By a Auth rized Agefit VERIFICATION I h undersigned, state: I am the agent of the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know the contents thereof, and I certify that the same is true of my knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that th fore oing is true and correct. Executed on 05/13/03 ativere, State of California. Signature of claimant /Agent 7104 0343 3860 0010 0565 Bildrs No: 1144487 CITY OF NEWPORT BEACH CITY CLERK 3300 NEWPORT BLVD NEWPORT BEACH CA 92663 -3816 01FORNIA PRELIMINARY NOTICE In accordance with sections 3097 and 3098, California Civil Code. THIS IS NOT A LIEN. This is NOT a reflection on the integrity of any contractor or subcontractor. DANGELO CO INC P O BOX 3744 LA HABRA, CA 90632 RETURN RECEIPT Bildrs No. 114+4,$7 7104 0343 3 86401)10 056b - N You are hereby notified that DANGELO CO INC p has furnished or will furnish labor, services, equipment or materials of the following general description: WATERWORKS & FIRE PROTECTION SUPPLY located at: PENINSULA POINT WATER MAIN, NEWPORT BEACH CA The name of the person or firm who contracted for the purchase of such labor, services, equipment or material is: P & J UTILITY CO, 1915 An estimate of total price of the labor, services, equipment or materials furnished or to be furnished is $65,000 Owner: CITY OF NEWPORT BEACH, 3300 NEWPORT BLVD, NEWPORT BEACH CA 92663 -3816, CITY CLERK Orig Contr: P & J UTILITY CO. 419 N LARCHMONT BLVD #289, LOS ANGELES CA 90004 Lender: None Customer: P & I UTILITY CO. 1915. 419 N LARCHMONT BLVD #289. LOS ANGELES CA 90004 Job No: 1915 NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equipment or materials furnished or to be furnished, a mechanics' lien leading to the loss, through court foreclosure proceedings, of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or (2) any other method or device that is appropriate under the circumstances. Date A' 0 :�— Copies Sent To: ❑ Mayor ❑ Council Member ❑ Managerr BICAREPRESENTATIVE 11/13/2002 All r. • CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915 until 2:00 p.m. on the 251h day of September 2002, at which time such bids shall be opened and read for PENINSULA POINT WATER MAIN REPLACEMENT Title of Project Contract No. 3462 $378,000 Engineer's Estimate by 4ephen G. Badum blic Works Director BIDDER'S LIST AVAILABLE ON CITY WEBSITE: http://www.city.newport- beach. ca. us /Pubworks /pwmain.htm PLAN COST: $10 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 General "A" Contractor License required for this project For further information, call Sean Crumby, Project Designer at (949) 644 -3315 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PENINSULA POINT WATER MAIN REPLACEMENT CONTRACT NO. 3462 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 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PENINSULA POINT WATER MAIN REPLACEMENT CONTRACT NO. 3462 INSTRUCTIONS TO BIDDERS 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. 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. 0 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 by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. 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. 33� bDS� Contractor's License No. & Classification Bidder 164 Authorized Signature/Title Date R CI rY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PENINSULA F OINT WATER MAIN REPLACEMENT CONTRACT NO. 3462 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be , olntly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF BID AMOUNT---- - Doila-s ($ 107 of Bid - -- ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of PENINSULA POINT WATER MAIN REPLACEMENT, Contract No. 3462 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 th3 Principal fails to duly enter into and.execute the Contract Documents and provide the requir.;d original insurance documents for the construction of the project within thirty (30) days (not ncluding. Saturday, Sunday, and federal holidays) after the date of the mailing of "Notification 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 ary such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 13th_day of Septembers o 2002. 0 P & J UTILITY COMPANY Name of Contractor (Principal) Authorized Signature/Tide DEVELOPERS SURETY AND INDEMNITY COMPANY Name of Surety 17780 Fitch, 11200 Irvine. CA 92614 Address of Surety 949/263 -3300 Telephone Authorized Agent Signature Marsha C. Garrison, Attorney- •in -I'ac� Print Name and Title (Notary a;knowledgment of Principal & Surety must be attached) t • ..'CALIFORNIA ALL- PURPOR ACKNOWLEDGMENT State of California County of Orange On September 13, 2002 before me, Leon E. Blakely, Jr. /Notary Public Oata Name wd the of officer (e.g., 'Jana Oae, Nom, PuhtiL7 personally appeared Marsha C. Garrison Nam.(,) al Signege) LA personally known to me ❑ proved to me on the basis of satisfactory evidence 11 - - _ ► to be the person(Z) whose name(Ill) is /af4 subscribed to the N LEON E. BLAKELY JR. within instrument and acknowledged to me that /she /afW COMM. #1314159 executed the same in Mg/herXWEtuthorized capacity(rA), f °m NOIAkY CALIFORNIA ORANGE ANGE CO UNTY 3 and that by her/3 Xsignature(�) on the instrument the 3 CO My Comm. Exp. Aug. 18, 2005Ii person(tf), or the entity upon behalf of which the person(i} fLL acted, executed the instrument. WITNESS my hand and official seal. SignaNra at Notary Pvt:ic OPTIONAL Thougn the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: BIDDER'S BOND Document Date: September 13, 2002 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Marsha C. Garrison ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ OCAttorney -in -Fact • Trustee • Guardian or Conservator C : Other: Signer Is Representing: General Signer's Name: F ❑ ❑ ❑ Number of Pages: Individual Corporate Officer Title(s): Partner —❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: r I NII; .., Top of tnumb here DEV 1NDAER POWER URE7, AND�RNEY FOR KNOW ALL Ei1'INITY NDEMNITy OF *MBOSIIa CBYTHESEebRFSk eonstiturrkrePt a,Pe•x BOxv97'•5IIRVMPA y QE:CArLIFQROMPANY ** NIA. do each. her make . fh;n e E, CA ' 2 NIA P "S1 Garrison. L' e0 rod IPPoin,' 10- "I nt ep DSBV OPERS SU Y( Y, � Blakely, RETYAN4INUE y, Ir• MNIT OMPAN erall y � ** tad INDEMNITY COMPgN' as their [me and lawful Of suretythi Attorney ,, - connepuon P gw,ag :Ind Rramin) m Fact, to make .herewith ; k bn o said Ali . Cxccule, deliver; AROmey(y .in, is each of .caitl rcv and acknowledge, Fact pursua these pt,,,n' "I'S Could (4d�mFact fu)1 power ` €e, for Ind on n[ to e reel and ; behalf DErVELOPERS SuRrney AN[) aed Indesen[sCned by ratified and co firmed. of shhrl'rorpod tion.� all powtlrm> corporation, ery . es sureties. bonds, u burr wt of ETY is sl t sub. necessary, re ndertaklugs and RESOLVED DEMNITY COMpAN nlmile under and 6 Of ir'fution and atioq� or proper to �atmcls Y % +nd 1 Y ao horle revoc' P er be dcine noted it vqui .hat t and all d Attome , he Crai NDEM and that the Y 9uali Ym m "an O(6�r Roar N1T A 0 o et Ii Y COMP FrA7p (t a Secreq +ry g the anorney s d the Prexidr NY LIFORNI . e utions a ' of or an y Assist. O Inured in of and ar . r um Sccrc9ary ry V' A I dOpfed b RES of the the Powers of Astor ice president of N o any .voch Paµ OLVED. FURTHE c"rporalions ter. and ney to axcent', on the corpomGon he nand +s h NT + ° o lif Of Ovem ember r. loeetive B ar er ! 211(' d 4f D'rect rs }. any d, and o(Ablor y or emiitiaite bhrri I I Oh, of such offs . each of them hereby authonz e corporalionti Ibon load, of them hereby is er bon nc ttakIn conbgeq oLvurele `.arch t +csirnilr tig errs may be:iffixed lo; aUes[Ihe derhikings and court, horio7dto execU eel to . and 1N WITNESS '}hiph +rr. execution of I, ing' , HrHEREOF rich if i8 arfached.nure`s 101 be v; lay xluh Pre. <rms r , DEV slid ;md Power OI Ara >rhev r h P ,Atf o be signed by fh,- ELOPERS SU binding o x b nwer o p, \ ur respertie. vice Pon the corpo atio h , Cerot'ical, r 1 ornev �ery -i h Exet'mibe ANU INpEMN n f +'hen .vo afli el, Ing dieretr, i sl vice President and an }T7• h, MP'q NY and dhaed and in the e- - 1"011e. and Bv; rued by their res [NDEh1NITy future wish m P", to De"ive Secretary Ihit COMP OF David H. Rho .lay ofJ CAIIFO des, E.eeeutie• anuary, 21ar,. RNIA have .Severally e Vice 1 „1.,,I -� Preskknt ".,. caused these By: ..��ZY AND ��., f lValtcr o' `iJ;'LORPOgq•:�p` P A. Crowell. S e'crenuv ew; OCt :=t3 pC' 0?,PQR O.c STATE °"• ,�; 0967 o'= EUF CALIFORNIA � a `ll 7967 O "OUNTy OF ORANGE j 7 5$. ...., J �(JFORN�p'a� On Jams, the basis of .sauq, ) S' 100,. befor authorized in' evict c me, Auto capurities. and chat by Iheirh 'he pen;Ons `+'rase n, Porsonully aPPr'ared Unvid WITNESS soh Ihc' invlru trc auhseribed t H. Rhodes, my ran men. the e o the within and Waller tl:ind of77dal. hlityuon mar A'�lowell, seal. P hrha)fof whirr rheu,,on and acknow OcrzOn;dl•. r>ErgnnS a letlgrd to Y known ro me (Or ' creel exerure.d the i me that the Proved to Siarnahrn: n nn Y executed the Inc m On men., a .arm. in .heir f p ANTONIOALVApq 1! 40 Notary OMM. N 7300308 tr OR Public • California The ANGE C does hereby undersigned. as Chie(P o(D CF MY Comm. Exgres APRIL respective Boards o�ba. �ethe foregoing eralinR Officer EV RTIF1C.gTE 5 Clots of slid er of Anorne ELOP rnrporuio .y remains in ERSISl1kETy AN This C ns set fhnh in the nrce Ind D INeen . enKicare is e, Pow � has nor Y COMP xechred' `rot Aoorne•, been rev ANY an In the City of Irvine, Califo th) "Ire inforce as oft heed. and furterrfi,",:�D`Ey1NITY' COMPANY ORN the (3 dale ol'Ihi,� the OF CALIF r -- day qt' Se te7nber ue. Provisio fthe reeolutinns of he Dmitl Q Lane, Chief O>In 2002 -..,. fi Ofticcr 3R0 (01/01) ' 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PENINSULA POINT WATER MAIN REPLACEMENT CONTRACT NO. 3462 DESIGNATION OF SUBCONTRACTOR 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 S6Z x(33- 32-Oq r�4 UC ( iJ t471 U d&;hC Bidder Authorized Signature/Title 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PENINSULA POINT WATER MAIN REPLACEMENT CONTRACT NO. 3462 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. !)4k _(� U71 U5 0 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 - lr_ � Project Description Approximate Construction Dates: From ' w "D Z To: tO ',9 2-- Agency Name a 4-� 0 urc> Contact Person L'c' tt'1CU-���Telephone 0-AP-3-0-7 ,Y27 °o Original Contract Amount $ A©Final Contract Amount $ 1.1L 00 If final amount is different from original, please explain (change orders, extra work, etc.) ( fi-ss c2 �t-� q, s a s'7z� 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. 7 No. 2 Project Name /Number CJ¢ A% 0 Project Description tx)+ -4 fd Approximate Construction Dates: From Agency Name (tn a l To: 3- 1S(- O Z L Contact Person �q O to i- Sc`c�Ll' -A- Telephone (6J -1'90 Original Contract Amount $ l bSD 1 Ovo Final Contract Amount $ l 6o'L C>oo If final amount is different from original, please explain (change orders, extra work, etc.) L'df sS US en! �( 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 /Number U00 Project Description W*-r � bLw Approximate Construction Dates: From Z��S� ov Agency Name %`f- � 6) -C Contact Person M (4(.65 Telephone (fig 2-GS"�7e64 Original Contract Amount $ %ikk?Final Contract Amount $ 6 DDD. If final amount is different from original, please explain (change orders, extra work, etc.) 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 F. No. 4 Project Name/Number S �U� ti D yr U,91)I %Zt s Project Description l ��t�ilL tit ff�l d) D �4c�ut�cu i Approximate Construction Dates: From q- I - D 1 To: Qv - l -1)t Agency Name 5 Contact Person f A� /, OM)i S Telephone (�%� S <S'D ' 2'17e. Original Contract Amount $ -WV'22 Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) L.z"S u s "'i-,5 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 Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( ) Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) 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. E No. 6 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) 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 of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. 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. ^ Bidder Authorized Signature/Title 10 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PENINSULA POINT WATER MAIN REPLACEMENT CONTRACT NO. 3462 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of ) ?A,,, C- k uwu- beinglrst duly sworn, depo es and says that he ors�is A" 8 c ( - aclr of T LL-L � , the party making the foregoing bid; that the bid is not made in the interest of, or on b half of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that parry 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. Bidder t Aut orized Signature(Title Subscribed and sworn to before me this day of 2002. [S AL] 2L �. �-e-14 � Notar) u 'c V �4 3ff � � o � My Commission Expires: `� 11 JULIE AUYEUNG LEVTOW Commission 81272780 c Notary Public • California y Los Angeles County My Comm Ez ires Aug. 31. 2W4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 PENINSULA POINT WATER MAIN REPLACEMENT CONTRACT NO. 3462 DESIGNATION OF SURETIES Bidders name ?411 LA'- —QuTLI 0----1 - 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): Zl� 23f�- �iD3°o s lci-)a Jr✓r� i'��i - 263 -33aD Ae- C�cGSi okrrU%CGC It' .1.1 ct_ -?-a 3a" 12 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PENINSULA POINT WATER MAIN REPLACEMENT CONTRACT NO. 3462 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name 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 Record Record Record Record Record Year of for for for for for Record 2001 2000 1999 1998 1997 Total 2002 No. of contracts q Total dollar Amount of Contracts (in Thousands of $ 1-1 O2 6ZD y 111 � IZI V t2 Zb o b ` 1 � ?ii y No. of fatalities p O o i7 D O O No. of lost Workday Cases O I O D 2 D 3 No. of lost workday cases involving permanent transfer to another job or termination of O v O em to ment 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 0 Legal Business Name of Bidder )d -1�t Tl (- iTZ-1 &, Business Address: q(,? /I/ &aotc-,Wlnv» i sty, ,). C,A Gam. yoa7y Business Tel. No.: 3Z3 33- 2,qc3'7 State Contractor's License No. and { Classification: 3S $`�� /T n Title y7�sl�' c-r The above information was compiled from the records 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 bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title ?4 � &C D 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 0 L CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of C Z /c County of cA O o'er before me, a eare — r- �" ` Q -I personally known to me — OR - ❑ proved to me on the basis of satisfactory evidence to be the person(4 whose- name(9 is /ate subscribed to the within instrument and acknowledged to me that he /sWth'6� executed the same in hisfh&,r /th4F authorized c4pacity(ie5 and that by his/l* /th&f signature(Won the instrument the person(s)t or the entity upon behalf of which the personn(S'jacted, executed the instrument. �_... JULIE AUYEUNG LEVTOW W 1 , Commission 11272780 c 7 TO Nototy Publ(C • Coliitomia N W TNESSED my hand and official seal. Los Angeles County M Gomm E Tres .31.200x+ Signature of Notary 446.1 &Ji, L; v l'b V3 personally 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 DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer Title ❑Partner(s) ❑ Limited ❑ General ❑ Attomey -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name of person(s) or entity(ies) Lei � Title Or Type Of Document Iy 1A (f of L__ lJ ),u Date of Document Signer(s) other than named above 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PENINSULA POINT WATER MAIN REPLACEMENT CONTRACT NO. 3462 ACKNOWLEDGEMENT OF ADDENDA Bidders name � � c,A7Ci L�iitl . The bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Signature 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PENINSULA POINT WATER MAIN REPLACEMENT CONTRACT NO. 3462 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: �4S Business Address: j�psj�- Telephone and Fax Number: q33 -?J9q'1 /32-3 q33- 5'19 o4F-AP California State Contractor's License No. and Class: (REQUIRED AT TIME OF AWARD) Original Date Issued:, �i -7lo Expiration Date: z!5- t —Dq 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: 4 rti[— Ak C Vim[- - f d- � i A 4-(� 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 j�4 tt i uticL RLtsi D &t r �) A Civ. . '7*- 6IT HR I �� Ayl�t Utcj -- 1-4 6,- . 3713 `1331163 Corporation organized under the laws of the State of 64L� fa4a-4 - 16 0 0 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for la ompliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes No Are any claims or actions unresolved or outstanding? Yes No 17 0 1] If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. �?qc t✓ ge lk't (Print name of Owner or President of Corporation /Company) Bidder Authorized Signature/Title Title q- Date Subscribed and sworn to before me this �� day of `J t��i c�c 3El/C 12002. SEAL] IR CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PENINSULA POINT WATER MAIN REPLACEMENT CONTRACT NO. 3462 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 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PENINSULA POINT WATER MAIN REPLACEMENT CONTRACT NO. 3462 CONTRACT THIS AGREEMENT, entered into this 8th day of October, 2002, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and P & J Utility Company, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: PENINSULA POINT WATER MAIN REPLACEMENT Project Description This project consists of installing new 8 -inch C -905 PVC water main to replace an existing 6- inch steel water main. Contract No. 3462 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. 3462, 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. `11 0 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 three hundred ninety thousand, five hundred seventy and 00/100 Dollars ($390,570.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 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: Mike Sinacori (949) 644 -3311 CONTRACTOR P & J Utility Company 419 N. Larchmont Blvd. Los Angeles, CA 90004 323- 933 -2997 323 - 933 -9884 Fax F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' 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 origina endorsements effecting coverage required by this Contract. The certificates anc endorsements for each insurance policy are to be signed by a person authorized by that 21 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. OXI 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages 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. 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 23 0 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. 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 sole negligence or 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. 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. 24 E 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. CITY OF NEWPORT BEACH A Municipal Corporation By: Mayor AF VED AS TO FORM: P & J UTILTY COMPANY CI ATTORNEY Autlidrized Signature and Title 25 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of County.of _ �� (�>'9� On j O- (r -11W 0 >r before me,latc , personally appeared - VA.,,A Wl.,( I 1?, — personally known to me — OR - ❑ proved to me on the basis of satisfactory evidence to be the person(` whose name(sgis /arc subscribed to the within Instrument and acknowledged to me that he /§ e /they executed the same in hisIlWthL-k authorized capacityO, and that by his/her(thhir signature(s) on the Instrument the person, or the entity upon behalf of which the person(gacted, r .� JULIE AUYE'M L;VT;71 executed the instrument. v Commission M1272180 C 'x' Notary Public • California w Los Angeles County m WITNESSED my hand and official seal. My Comm Expires Avg 31, 2004 9 % Signature of Notary OPTIONAL Though the data below is not required by law, it may prove valuable to persons rQlying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer Title ❑Partner(s) ❑ Limited ❑ General ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name of person(s) or entity(ies) itle Or Type Of Document Number of pages i0 -1_t- 7'V0 �- Date of Document Signer(s) other than named above AGORDI CERTIFICATV OF LIABILITY INSU C� OPID P DATE(MM/DD/YY) &JOT -1 10/09/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Wood - Gutmann Insurance Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0679263 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 14192 Franklin Ave., Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 12/21/01 Tustin CA 92780 -7044 Phone:714 -505 -7000 Fax:714- 573 -1770 INSURERS AFFORDING COVERAGE INSURED INSURER A: Interstate Fire && Casualty MEO EXP(Any one person) INSURER B: Constitution Insurance Company INSURER C: Mercury Insurance Company P & J Utility Company 419 N. Larchmont Blvd., PMB289 Los Angeles CA 90004 WSURERO: State Compensation Ins Fund INSURER E: GENERAL AGGREGATE COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN SR LTR TYPE OF INSURANCE POLICY NUMBER POLIC FFECTIVE DATE MWDD/YY P LI Y E PIRA 1 N DATE MM/DD/YY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE rX] OCCUR GL11110004 12/21/01 12/21/02 EACH OCCURRENCE 51,000,000 FIRE DAMAGE (Any one cre) $ 50, ODD MEO EXP(Any one person) S Excluded PERSONAL B ADV INJURY S 1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO- LOC POLICY X ECT El PRODUCTS - COMPIOP AGG 51,000,000 C AUTOMOBILE LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON -OWNED AUTOS AC11049941 12/21/01 12/21/02 COMBINED dent) SINGLE LIMIT (Ea accident) s 1, 000, 000 BODILY INJURY (Per person) S X X BODILY INJURY (Peraccidenl) $ X PROPERTY DAMAGE (Per accident) S GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EAACC AUTO ONLY: AGG $ $ B EXCESS LIABILITY OCCUR ❑ CLAIMS MADE DEDUCTIBLE RETENTION $ CUL41541 12/21/01 12/21/02 EACH OCCURRENCE $ 1000000 AGGREGATE $1000000 5 S S D WORKERS COMPENSATION AND EMPLOYERS'LIABILITY 46- 01UNIT8511 01/01/02 01/01/03 AIV I TORYLIMITS ER E.L. EACH ACCIDENT $ 1000000 E.L. DISEASE - EA EMPLOYE $1000000 E.L. DISEASE - POLICY LIMIT S 1D00000 OTHER DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLEW/ CLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS *10 day notice of cancellation in the event of non - payment of premium. Certificate holder is named as Additional Insured under the above listed General Liability policy per the attached CG2010 11/85 form. Work Comp Waiver of Subrogation applies and will be forwarded as soon as received from State Fund. RE: Contract #3462 Peninsula Point Water Main Replacement. CERTIFICATE HOLDER N I ADDITIONAL INSURED; INSURER LETTER: _ CANCELLATION 0000000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILLFi1 MAIL *30 DAYSWRITTEN City of Newport Beach NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 6 Iii Public Works Department 3300 Newport Boulevard Newport Beach CA 92663 'Rel"ReBeNf*V111RES, 42 ACORD 25S (7197) IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25S (7/97) F POLICY NUMBER: GLI H 10004 P &J Utility Company 12121101- 12121102 E COMMERCIAL GENERAL LIABILITY This endorsement changes the policy. Please read it carefully. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE RE: Peninsula Point Water Main Replacement Contract #3462 Name of Person or Organization: City of Newport Beach Public Works Department It's Officers, Officials, Employees and Volunteers. (If no entry appears above, information required to complete this endorsement will be shown in the Declaration as applicable to this endorsement.) WHO IS AN 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. PRIMARY INSURANCE: It is further agreed that such insurance as is afforded by this policy for the benefit of the above Additional Insured(s) shall be primary insurance as respects any claim, loss or liability arising out the Named Insured(s) operations, and any other insurance maintained by the Additional Insured(s) shall be excess and non - contributory with the insurance provided hereunder. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 ❑ CG201DSS 159 ACORD CERTIFICA-6 OF LIABILITY INSUI*NC� OP ID P DATE l((MM/DDm) &JUT -1 10/24f02 PRODUCER — THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Wood - Gutmann Insurance Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0679263 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 14192 Franklin Ave., Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tustin CA 92780 -7044 Phone:714 -505 -7000 Fax:714 -573 -1770 ,. _ INSURERS AFFORDING COVERAGE INSURED t? TNUER A. Mercury Insurance Company INSURER B: P & J Utility COmpp8ny T 2 419 N. Larchmont Blvd. , PM$289 �C 1 Los Angeles CA 90004 PERSONAL & ADV INJURY INSURER D: IMSDIFE E: COVERAGES - ' `= ------ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTH INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFE TIVE DATE MWDDm POLI EXPIRATI N Y DATE MM/DDNY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE [::] OCCUR EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) S MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE S GENT AGGREGATE LIMIT APPLIES PER: POLICY PRO RO- JECT F-1 LOC PRODUCTS - COMP /OP AGG S A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS AC11049941 12/21/01 12/21/02 CO BIKED (EaawEDSINGIELIMIT E1,UDD,DDU BODILY INJURY (Per Peasan) S X X BODILY INJURY (Per aaident) E X PROPERTY DAMAGE (Per accident) E GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT S OTHERTHAN EA ACC AUTO ONLY: AGG $ S EXCESS LIABILITY OCCUR F-1 CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE S AGGREGATE S E $ $ WORKERS COMPENSATION AND EMPLOYERS' LIAB!LITY ITO RY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE S E.L. DISEASE - POLICY LIMIT is OTHER DESCRIPTION OF OPERATIONS /LDCATIONSNEHICLOWUCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS *10 day notice of cancellation in the event of non - payment of premium. City of Newport Beach Public Works Department, its Officers, Officials, Employees and Volunteers are named as Additional Insured under the Auto Policy listed above as their interest may appear. This coverage is for the benefit of th e Certificate Holder only. RS:Peninsula Point Water Main Replaement #3462 CERTIFICATE HOLDER N I ADDITIONAL INSURED; INSURER LETTER: _ CANCELLATION 0000000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Newport Beach DATE THEREOF, THE ISSUING INSURER WILL ENVM1WeRie MAIL *30 DAYSWRITTEN Public Works Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Sherry 3300 Newport Boulevard Newport Beach CA 92663 REPREBEN WG6. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25S (7197) ATE P.O. BOX 420807, SAN FRANCISCO, CA 94142 -0807 COMPENSATION INSURANCE ^' FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE OCTOBER 17, 2002 POLICY NUMBER: 046-02 UNIT 0008.511,` CITY OF DEPT OF, 3300 NEI NEWPORT L NEWPORT BEACH pCT 2 2 7002 PUBLIC .'WORKS. JPORT BLVD re and ei BEACH CA 926631 Pu51i% �1 0�.vPor[ rfty CERTIFICATE EXPIRES: 1"103 - - This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California .. Insurance Commissioner to the employer named below for the policy period indicated. 30 This policy is not subject to cancellation by the Fund except upon tXR days' advance written notice to the employer. 30 We will also give you W days` advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an Insurance policy and does not amend, extend'or %alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to ..which this certificate'of insurance may bB. issued or may pertain,,the insurance afforded by the policies, described herein, is subject to all the terms; exclusions and conditions of such policies. . AUTHORIZED REPRESENTATIVE;' ., > PRESIDENT EMPLOYER'$ LIABILITY LIMIT,INGLUDING DEFENSE'COSTSs $1,000,000 PER OCCURRENCE'. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS'NOTICE EFFECTIVE 01/01/02 IS ATTACHED TO AND -FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 1011710 2 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. TIRIRD -PARTY NAMEs -CITY OF NEWPORT BEACH.,DEPZ OF. PURL IC_ WORKS ... EMPLOYER P & i UTILITY CO INC. ,419 N LARCHMONT BLVD'!. LOS ANGELES CA 90004 L OCT -28 -2002 MON 10:03 AM CAL SURANCE FAX NO, 7149391654 P. 01 vci•GG• M1 lu ;OAM 0 rubiic Works 343-644 -3318 • No-5734 P. 2/5 -n'. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMEMENT rP CERTIFICATE OF INSURANCE CHECKLIST THIS CHECKLIST IS COMPRISED OF REQUIREMENTS AS OUTLINED BY THE CITY O/ F NEWPORT BEACH, COMPANY/PERSON REQUIRED TO HAVE CERTIFICATE, S IlTI Ut j y I. GENERAL LIABILITY: A. INSURANCE COMPANY:�E�`rATE Ftae cl�sulnLZy S. AM BEST RATING (A-WI or greater — — 0. ADMITTED COMPANY: (Mutt be CalMomta '�) is Company adm'11ed in California? YssyNo 0, LIMITS: (Must be $1,000,000 greater) What is limit provide4? E. PRODUCTS AND COMPLETED OPERATIONS: (Must Include) Is It Included? No F. ADDITIONAL INSURED WORDMWORDING CLUDE (The City, Its offs gut ofNclals, employees, and AND Is it induded7 o� ed? Yet B'!C _ D. PRIMARY AND NON CONTRIe (Must be lrrduded) Is it included? Yet CAUTIONI (Confirm that loss or liability of the Named insured is not limited solely by their negligence.) I. Does endorsement include 'solely by negligence wording? Yes_ No j J_ NOTIFICATION OF CANCELLATION: Although there is a provision that requires not Icatlo of ranceiladon by cerlHled mall per the Cl ys Risk Manager, ft City will onty, accept the ^wlil mall -�0 day written notice to the esrtigoata bolder named to the left" warding. II. AUTOMOBILE LIABILITY: A. INSURANCE COMPANY: k6lZ0 l C-g B, PM BEST RATING (A VII or greater) C. ADMITTED COMPANY. (MUST 13E ADMITTED) Is Company admilfad? YesYNo1 D. LIMITS: (Must be $1,000,000 alhimum BI & PO and 5500,000 UM) What Is 1 mits provided I m'' E. ADDITIONAL INSURED WORDI CLUDE, (The City, Jt8 offleara, agents, offlaials, employees, and volunteers). 1: k inducted? es ff. PG Y AND NON CONTRIB WING (Must be included for Waste Haulers ONLY). Is k N used? Yes_ No G. NOTIFICATION OF CANCELLATION; Although there is a provision that requires notification of cancellation by Certified mail par the Cilys Risk Manager, the City will soept fhe °will mall_ 3 t7 daffy written notleo to the exniAnate holder named to the Wtu wording. III-WORKERS COMPENSATION: A. INSURANCE COMPANY' TE p. B, AM BEST RATING (A VII or greater) C. LIMITS: Statutory D. WAVIER OF SUBROGATION: (To include), is it Included? Yes XNo�C D HAVE ALL ABOVE REQUIREMENTS BEEN MEI7 0� IF NO, WHICH ITEMS NEED TO BE COMPLETED t;Lp" Please make sure you have mut each requirement before submitting your Insurance to the City. Attach the required endorsements to the Certificates. IF you have any questions, please tall Shaurre Oyler (949) 6443911. Company Profile Company Profile • Page 1 of 2 Insi°ran""ce DEVELOPERS SURETY AND INDEMNITY COMPANY 17780 FITCH, SUITE 200 IRVINE, CA 92613 Agent for Service of Process LAWRENCE G. KEPIRO, 17780 FITCH, SUITE 135 IRVINE, CA 92614 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: NAIC Group #: California Company ID #: Date authorized in California: License Status: Company Type: State of Domicile: 12718 0075 4606 -0 August 30, 1999 UNLIMITED - NORMAL Property & Casualty IOWA Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the log_ ssga. SURETY Company Complaint Information 1 +� CompanyEnforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies http://www4.insurance.ca.gov/.wu/idb—co_prof utl.get_co _prof?p_EID= 100170 10/29/2002 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL PENINSULA POINT WATER MAIN REPLACEMNT CONTRACT NO. 3462 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 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. 3462 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 Lump Sum Mobilization @/ I"wcg4ilars and Cents Per Lump Sum 2. Lump Sum Traffic Control @� ars and Cents Per Lump Sum 3. 3120 L.F. Remove Existing and Install 8" ater Main @ --5c K Dollars and r'J Cents Per Lineal Foot $ 76 $ �DDO T $ N-1k*0 0 0 PR2of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 30 L.F. Install 6" Water Main @ `tom Dollars and Cents $S� $ 135�r� Per Lineal Foot 5. 5 Each Install 8" Gate Valve including Box and Cover @ 5F-OE,�,) �LA Dollars and Cents Per Each 6. 4 Each 7. 136 Each Remove Existing and Install Fire Hydrant Assembly including Trench Resurfacing @ (� -l�'AA Dollars and Cents Per Each Remove Existing and Install Water Services @ J Dollars and Per Each 8. 200 L.F. Remove Existing and Install 8" VCP Sewer Pipe including Trench Resurfacing @ .SF clf7� —Dollars and Cents Per Lineal Foot $ -100 $ moo $ `T9 $ loo �c^o $ /y �m E 0 PR3of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 9. 2 Each Remove Existing and Install SSMH per CNB STD - 401 -L. Dollars and Cents $ SD°o $ (D 60c> Per Each —�— 10. 10 Each Remove Existing and Install SS Lateral and Cleanout including Trench Resurfacing @ at-7___ILf-bu5�4� Dollars and Cents $ lS $ l(,, occ) Per Each � 11. 900 S.F. Construct Ribbon Gutter @ S V Dollars and S yon Cents Per Square Foot 12. 20,000 S.F. Construct minimum 5' wide trench resurfacing (3 "AC /3 "AB) @ Dollars and Cents $ Z �D $ jJ0 DDv Per Square Foot 13. 1 Each Construct Alley Approach @ j D 1 �2 (� oUSt+�DoIIars and Cents Per Each a • PR4of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 14. Lump Sum Provide Temporary Water Main Bypassing, ' < @�� ��6Crgnil Dollars / and 5 pDo Cents $ � Per Lump Sum 15. Lump Sum Pressure Test, Disinfect, & Flush Water Main @ Dollars and Cents $� D Per Lump Sum TOTAL PRICE IN WRITTEN WORDS �{ 04 ) \ at nD I and Cents $ Total Price (Figures) 9- Z -sl -D2 �� J� Lt7"i tai C Date Bidder e 323 6133 - VII- 7/ ei3l,g99� ���, �d- ��r>Jclucl Bidder's Telephonii and Fax Numbers Bi der s Authorized Signature and Title 33s' dvS� — l4 4. Bidder's License No(s). Bidder's Address and Classification(s) Last saved by SCrumby06/26 /2002 2:41 PM f: \users\pbvishared\contracts \fy 02 -03\peninsula point water main c- 3462\pmposal c- 3462.doc PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS PENINSULA POINT WATER MAIN REPLACEMENT CONTRACT NO. 3462 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 1 2 -6 WORK TO BE DONE 1 2 -9 SURVEYING 1 2 -9.3 Survey Service 1 2 -9.6 Survey Monuments 2 SECTION 3 CHANGES IN WORK 2 3 -3 EXTRA WORK 2 3 -3.2 Payment 2 3 -3.2.3 Markup 2 SECTION 4 CONTROL OF MATERIALS 2 4-1 MATERIALS AND WORKMANSHIP 2 4 -1.3 Inspection Requirements 2 4 -1.3.4 Inspection and Testing 2 SECTION 5 UTILITIES 3 5 -2 PROTECTION 3 5 -7 ADJUSTMENTS TO GRADE 3 5 -8 SALVAGED MATERIALS 3 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 3 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 3 6 -7 TIME OF COMPLETION 4 6 -7.1 General 4 6 -7.2 Working Days 4 6 -7.4 Working Hours 4 6 -9 LIQUIDATED DAMAGES 4 0 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 41 7 -7 COOPERATION AND COLLATERAL WORK 5 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 6 7 -10.1 Traffic and Access 6 7 -10.2 Storage of Equipment and Materials in Public Streets 6 7 -10.3 Street Closures, Detours, and Barricades 6 7 -10.4 Public Safety 7 7- 10.4.1 Safety Orders 7 7 -10.5 "No Parking" Signs 7 7 -10.7 Notices to Residents 7 7 -15 CONTRACTOR'S LICENSES 8 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 11 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 11 201 -1 PORTLAND CEMENT CONCRETE 11 201 -1.1.2 Concrete Specified by Class 11 201 -2 REINFORCEMENT FOR CONCRETE 11 201 -2.2.1 Reinforcing Steel 11 201 -5 CEMENT MORTAR 11 201 -5.6 Quick Setting Grout 11 SECTION 207 PIPE 12 207 -9 IRON PIPE AND FITTINGS 12 207 -9.2.2 Pipe Joints 12 207 -9.2.3 Fittings 12 207 -9.2.4 Lining and Coating 12 207 -9.2.6 Polyethylene Encasement for External Corrosion Protection 13 SECTION 214 PAVEMENT MARKERS 13 214-4 NONREFLECTIVE PAVEMENT MARKERS 13 214-5 REFLECTIVE PAVEMENT MARKERS 13 0 0 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 13 300 -1 CLEARING AND GRUBBING 13 300 -1.3 Removal and Disposal of Materials 13 300 -1.3.1 General 13 300 -1.3.2 Requirements 13 300 -1.5 Solid Waste Diversion 13 SECTION 302 ROADWAY SURFACING 14 302 -5 ASPHALT CONCRETE PAVEMENT 14 302 -5.1 General 14 302 -5.4 Tack Coat 14 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 14 302 -6.6 Curing 14 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 14 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 14 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 14 303 -5.1.1 General 14 303 -5.4 Joints 15 303 -5.4.1 General 15 303 -5.5 Finishing 15 303 -5.5.1 General 15 303 -5.5.2 Curb 15 303 -5.5.4 Gutter 15 PART 4 SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT 15 CONCRETE, PORTLAND CEMENT CONCRETE, AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIAL 15 400 -2.1 General 15 400 -2.1.1 Requirements 15 Last saved by SCmm1by08/26 /2002 12:23 PM f\usets \pbw\shared \contmcts\fy 02 -03 \peninsula point water main c- 3462 \specs index c- 3462.doc 0 • SP 1 OF 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS PENINSULA POINT WATER MAIN REPLACEMENT CONTRACT NO. 3462 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. W- 5291 -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., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. 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 installing new 8 -inch C -905 PVC water main and services to replace an existing 6 -inch steel water main system. 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The City 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. The City's Surveyor will file a Corner Record or Record of Survey with the County Surveyor's Office prior to the start of any construction. After completion of all construction, the City's Surveyor will file a Corner Record or Record of Survey with the County Surveyor's Office for any monuments that have been replaced. All existing street and property corner monuments are to be preserved. The Contractor will be 0 • SP2OF15 back - charged for the cost of restoring any survey monument damaged by the Contractor outside the project limits." 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 • SP3OF15 shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests 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 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 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 existing meter or valve box covers. The Contractor shall salvage all removed cast iron pipes. 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: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed." No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and both the schedule of work and traffic control plans have 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 0 • SP 4 OF 15 shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job:' The term "work" as used herein shall include all removal of P.C.C. curb and gutter, cross gutters, and asphalt base and pavement, grinding asphalt roadway, construction of P.C.C. curb and gutter, cross gutters, roadway base material, and asphalt concrete roadway, restoration of existing improvements impacted by the work, and construction of other incidental items of work." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 50 consecutive working days after the date on the Notice to Proceed. " 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 4`h, the first Monday in September (Labor Day), November 11 `h (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving), December 23rd through December 31" (Christmas and New Years). 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 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 time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500. 0 • SP5OF15 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 inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time it desires the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Department. The City must approve any nighttime work in advance. 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 and water pipe shall be delivered to the City's Utilities 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." 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 an $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." All water used during construction will be paid for by the Contractor. This includes water for flushing pressure testing all lines and water used for irrigation during maintenance period for landscaping." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in • • SP6OF15 settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean." 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 and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre- construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 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 plans(s) for each street and parking lot. The Traffic Control Plans shall be signed and stamped by a California licensed traffic engineer unless otherwise approved by the City Traffic Engineer. The Contractor will be responsible for processing and obtaining approval of a 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 Plans shall be signed and sealed by a California licensed traffic engineer. 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. 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." 0 • SP7OF15 5. Vehicular access to alleys and garages shall be maintained at all times, except when installing pipe or paving at that specific garage. At the end of the work each day and on weekends complete access shall be maintained through alleys and to garages. 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 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 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to the adjacent residents, within 500 feet of the project, 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 a 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 notices 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. • • SP8OF15 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 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 submitted to 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 submitted to 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 item of 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 providing bonds, insurance and financing, establishing a field office, preparation of the SWPPP, preparation of the construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include the delivery of all required notifications, posting of signs and all 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 prepared and signed by a California licensed traffic engineer, signs, cones, barricades, flashing arrow sign, K- rail, temporary striping, flagpersons, and shall include furnishing all labor, tools, 0 • SP9OF15 equipment and materials necessary to comply with the W.A.T.C.H. Manual, 2001 edition, and City of Newport Beach Requirements. Item No. 3 Remove Existing Water Main and Install New 8 -inch PVC, C -900 (Class 200), 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, controlling surface water, installation of pipe, fittings, couplings thrust blocks, potholing all existing facilities, providing connections to existing facilities, removing, abandoning or protecting interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposing of excess excavation materials and all other work necessary to install the 8 -inch water main complete and in place. Item No. 4 Install New 6 -inch PVC, C -900 (Class 150), 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, controlling surface water, installation of pipe, fittings, couplings thrust blocks, potholing all existing facilities, providing connections to existing facilities, removing, abandoning or protecting interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposing of excess excavation materials and all other work necessary to install the 6 -inch water main complete and in place. Item No. 5 Install 8 -inch Gate Valve Including Valve Box and Cover: Work under this item shall include furnishing and installing a 8 -inch resilient wedge valve with stainless steel trim in accord with the City of Newport Beach STD - 508- L,.including but not limited to, valve box and cover and valve extension and all other work necessary to install the gate valve complete and in place. Item No. 6 Remove Existing and Install New Fire Hydrant Assembly including Valve with Trench Resurfacing: Work under this item shall include removing and salvaging existing fire hydrant; and 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. Removal of existing line will not be in the same location as the proposed line. Item No. 7 Remove Existing and Install New 1 -inch Water Service with Meter Box and Cover: Work under this item shall include removing existing service and install new 1 -inch water service in accord with the City of Newport Beach STD - 502 -L, including but not limited to exposing utilities in advance of work, trench excavation, temporary patching or trench plates, control of surface water, disposal of excess excavated materials, installation of a new meter box and cast iron traffic cover, and all other work • • SP 10 OF 15 necessary to install a the water service complete and in place. Trenching will not be permitted under PCC ribbon gutter. Item No. 8 Remove Existing 8 -inch Concrete Gravity Sewer Pipe and Install New 8 -Inch PVC SDR 35 Gravity Sewer Pipe including Trench Resurfacing: 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 excavation, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of sewer pipe, 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, compaction and replacement of the alley improvements to match existing improvements (including trench resurfacing), and all other work necessary to install the pipe complete and in place. Item No. 9 Remove Existing Sewer Manhole and Replace with New 48 -inch I.D. Sewer Manhole: Work under this item shall include furnishing and installing manholes per City STD - 401 -L, including but not limited to pavement removal, exposing utilities in advance of the work, excavation, temporary patching or plating, control of ground or surface water, backfill, compaction, disposal of excess excavated materials, installation of base, shaft, grade rings, manhole frames, and covers, 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 sewer manhole complete and in place. Item No. 10 Remove and Install New Sewer Lateral and Cleanout including Trench Resurfacing: Work under this item shall include furnishing and installing a new sewer lateral and cleanout in accord with City of Newport Beach STD - 406 -L, including but not limited to potholing, excavation, removal of existing lateral and cleanout, exposing utilities in advance of work, temporary patching or plating, control of ground or surface water, bypassing of sewer flow as required, backfill, compaction, disposal of excess excavated material, trench resurfacing to match existing conditions, and all other work necessary to install a new sewer lateral and cleanout complete and in place. Item No. 11 Construct PCC Gutter: Work under this item shall include constructing PCC Gutter per applicable portions of City of Newport Beach STD - 140 -L, including but not limited to pavement removal, importing base material, compaction, PCC construction and all other work necessary to construct PCC Gutter complete and in place. Item No. 12 Trench Resurfacing: Work under this item shall include trench resurfacing of water mains and water services per applicable portions of City of Newport Beach STD - 105 -L -B and detail E on plans, including but not limited to backfill, • • SP 11 OF 15 bedding, compaction, importing base material, placing permanent AC pavement, and all other work necessary to construct trench resurfacing complete and in place. Item No. 13 Remove Existing and Construct P.C.C. Alley Approach: Work under this item shall include removing existing improvements and constructing P.C.C. alley approach in accord with City of Newport Beach STD -142 -L (Type A), including by not limited to pavement removal, importing base material, compaction, PCC Construction and all other work necessary to remove the existing improvements and construct the alley approach complete and in place. Item No. 14 Temporary Water Main Bypass: Work under this item shall include the installation and removal of a temporary water main bypass and all other work necessary to install and remove a temporary water main bypass complete and in place. Item No. 15 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. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE. MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: 'Portland Cement concrete for construction shall be Class 560 -C- 3250." 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 a quick setting grout." C1 SECTION 207 -- -PIPE 207 -9 IRON PIPE AND FITTINGS • SP 12 OF 15 207 -9.2.2 Pipe Joints. Add to this section, "All flanged pipe joints shall be joined utilizing type 316 Stainless Steel nuts, washers and hex -head bolts. Gasket shall be full- faced, cloth reinforced Buna -N rubber. Flex and Transition coupling used to join pipe in water main construction shall have all threaded parts and joining hardware fabricated from Type 316 Stainless Steel. Pipe hardness assemblies, valve and fitting restraints and shackle -clamp assemblies shall be joined utilizing Type 316 Stainless Steel all- thread rod, nuts, bolts and washers. Clamps, shackles and other hardware may be carbon steel or ductile iron where appropriate, but must be coated liberally with corrosion protective mastic compound. Bolted connectors fabricated from Type 316 Stainless Steel shall have threaded parts coated liberally with an approved anti -seize compound. All bolted and threaded fasteners shall be manufactured in the United States of America and shall conform to the minimum requirements for strength, material construction and dimension as established by the ASTM and the ANSI Specifications. All Fasteners shall be accompanied by written certification from the manufacturer stating compliance with the appropriate specification. All mechanical joints shall be restrained joints." 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. 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 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." :� • SP 13 OF 15 207 -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 loose 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 stompers 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 workday. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. 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 two (2) inches." And replace the words " 1 �/2 inch" of the last sentence with the words 'two (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 that crushes such materials • • SP 14 OF 15 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 and provide appropriate confirmation documentation from the recycling facility. SECTION 302 - -- ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section: 'The asphalt concrete (A.C.) used shall be III -C3 -AR -4000. All cracks '/< -inch or greater in width shall be cleaned and sealed with a hot - applied crack sealant approved by the Engineer. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." Asphalt Concrete shall be placed with the use of a paving machine. 302 -5.4 Tack Coat. Add to this section: 'Prior to placing the asphalt concrete patches, a tack coat of Type SS -1 h asphaltic emulsion at a rate not to exceed one — tenth (1110) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 302 -6.6 Curing. Add to this section: 'The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201 -1.1 -2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6 -7.1 herein, by the use of additional Portland cement 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, irrigation systems shall be repaired, and backfill or patchback shall be 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." • SP 15 OF 15 303 -5.4 Joints 303 -5.4.1 General. Add to this section: `The Contractor shall make a sawcut parallel to the centerline of the alley, 2 feet along each side of centerline, over the entire length of the alley. The Contractor may also sawcut the property lines, adjacent to the alley, in lieu of scoring the pavement along the property lines or constructing an edged cold joint. All sawcuts shall be made to a depth of 2 inches." 303 -5.5 Finishing 303 -5.5.1 General. Add to this section: 'The Contractor shall patch back A.C., P.C.C. and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color." 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 W -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." PART 4 SECTION 400 - -- ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General 400 -2.1.1 Requirements. Add to this section: 'The Contractor shall use crushed miscellaneous base as the base materials." • TO: Mayor and Members of the City Council FROM: SUBJECT: Public Works Department (33) C - 39 eo October 8, 2002 CITY COUNCIL AGENDA ITEM NO. 8 PENINSULA POINT WATER MAIN REPLACEMENT, OF CONTRACT NO. 3462 RECOMMENDATIONS: Approve the plans and specifications. 2. Award Contract No. 3462 to P &J Utility Company for the Total Bid Price of $390,570, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $39,000 to cover the cost of unforeseen work. DISCUSSION: At 2:00 P.M. on September 25, 2002, the City Clerk opened and read the following bids for this project: TOTAL BID AMOUNT $389,770- $408,250 $413,910 $461,650 $529,650 $581,132 Corrected bid amount: $380,570 The low total bid amount is 3 percent above the Engineer's Estimate of $378,000. The low bidder, P &J Utility Company, possesses a General "A" Contractor's license as required by the project specifications. P &J Utility Company has satisfactorily completed similar waterline replacement projects. The Oceanfront alley overhead utilities on Peninsula Point between G Steet and Channel Road are part of a planned undergrounding project (Assessment District No. 86), scheduled for Spring 2003. In an effort to coordinate with other City improvements, Staff wants to upgrade the water and wastewater systems servicing these homes before the underground construction begins. The existing waterline was constructed in 1936 and relined in 1976. This project provides over 3,000 feet of waterline and 200 feet of sewer line replacement. BIDDER Low P &J Utility Company 2 J. Fletcher Creamer and Son 3 GCI, Inc. 4 W.A. Rasic Construction 5 Tomovich and Associates 6 Simich Construction Company TOTAL BID AMOUNT $389,770- $408,250 $413,910 $461,650 $529,650 $581,132 Corrected bid amount: $380,570 The low total bid amount is 3 percent above the Engineer's Estimate of $378,000. The low bidder, P &J Utility Company, possesses a General "A" Contractor's license as required by the project specifications. P &J Utility Company has satisfactorily completed similar waterline replacement projects. The Oceanfront alley overhead utilities on Peninsula Point between G Steet and Channel Road are part of a planned undergrounding project (Assessment District No. 86), scheduled for Spring 2003. In an effort to coordinate with other City improvements, Staff wants to upgrade the water and wastewater systems servicing these homes before the underground construction begins. The existing waterline was constructed in 1936 and relined in 1976. This project provides over 3,000 feet of waterline and 200 feet of sewer line replacement. SUBJECT: PENINSULA POINT A MAIN REPLACEMENT -PHASE 1 -AWARD OF CORACT NO. 3462 October 8, 2002 Page: 2 This project will not impact the start of the proposed undergrounding project. Upon completion of the undergrounding facilities, Staff will initiate a separate alley improvement project. There are sufficient funds available in the following account for the work: Account Description Water Distribution & Piping Respectfully RKS DEPARTMENT Badum, Director By: Sean Crumby Project Manager Attachment: Project Location Map Bid Summary Account Number Amount 7501- C5500578 $429,570 z r Z Z �.% W CO LU Q wn. LU 00 W Ix Z O U. 3 0 J U m r a E w . 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O N m O N r CI?Y OF NEWPORT11EACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (949) 644 -3005 November 6, 2002 Simich Construction Co., Inc. 324 Carbonia Avenue Walnut, CA 91789 Gentlemen: Thank you for your courtesy in submitting a bid for the Peninsula Point Water Main Replacement (Contract No. 3462) 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 NEWPORAEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (949) 644 -3005 November 6, 2002 Tomovich & Associates 926 Durfee Avenue So. El Monte, CA 91733 Gentlemen: Thank you for your courtesy in submitting a bid for the Peninsula Point Water Main Replacement (Contract No. 3462) 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, Aa &MV- m LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach Cl'I'Y OF NEWPORTBEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 November 6, 2002 W. A. Rasic Construction Company, Inc. 11126 Wright Road Lynwood, CA 90262 Gentlemen: Thank you for your courtesy in submitting a bid for the Peninsula Point Water Main Replacement (Contract No. 3462) 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, C� (e7 dg-7�. LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CMY OF NEWPORAEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 November 6, 2002 GCI Construction, Inc. 245 Fischer Avenue, B -3 Costa Mesa, CA 92626 Gentlemen: Thank you for your courtesy in submitting a bid for the Peninsula Point Water Main Replacement (Contract No. 3462) 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 CPI'Y OF NEWPORTBEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 November 6, 2002 J. Fletcher Creamer & Son, Inc. 12874 San Fernando Road Sylmar, CA 91342 Gentlemen: Thank you for your courtesy in submitting a bid for the Peninsula Point Water Main Replacement (Contract No. 3462) 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, ;✓ l�! de r-c 4 / l . / uCzexl" LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach