Loading...
HomeMy WebLinkAboutC-3512(A) - Bayshores Water Main Replacement• • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC February 24, 2005 Cody Engineering, Inc. P. O. Box 341 Norwalk, CA 90650 Subject: Bayshores Water Main Replacement (C -3512) To Whom It May Concern: On February 24, 2004, 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 April 9, 2004. The Surety for the contract is First National Insurance Company of America, and the bond number is 6195011. Enclosed is the Faithful Performance Bond. Sincerely, / V ly(/. n) . LaVonne M. Harkless, MMC City Clerk cc: Public Works Department Michael J. Sinacori, P.E. 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 E%ECUM IN QOADRUPO .'E • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSHORES WATER MAIN REPLACEMENT CONTRACT NO. 3512 BOND NO. 6195011 FAITHFUL PERFORMANCE BOND THE FINAL PREMIUIM I$ PREDICATED ON THE FINAL CONTRACT PRICE The premium charges on this Bond is $ 9,412.00 being at the rate of $ 25.00 /15.00 /10.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to CODY ENGINEERING, INC., hereinafter designated as the "Principal ", a contract for construction of BAYSHORES WATER MAIN REPLACEMENT, Contract No. 3512 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. 3512 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and FIRST NATIONAL INSURANCE COMPANY OF AMERICA duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport Beach, in the sum of five hundred ninety-one thousand, two hundred thirty and 001100 Dollars ($591,230.00) 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 my such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 7th day of MAY 2003, FIRST NATIONAL INSURANCE COMPANY OF AMERICA Name of Surety 2677 N. Hain Street #100 Santa Ana, CA 92705 Address of Surety (714)437 -3011 Telephone Authorized Signature/Title Aut orized A ent ignature RANDY SPOHN, Attorney —In —Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 i CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On MAY 7.20(13 before me, E LEM Notary Public personally appeared Randy Saohn , X personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument . ..... ........ 7EM Z COW 101 TNESS my hand an cial seal. w ? Notary, ubkc- California to ORANGE COUNTY My Comm Exp. May 28, 2003 Si ature of Notary Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER PRESIDENT CORPORATE SECRETARY PARTNER(S) _ LIMITED TRUSTEE(S) GUARDIAN /CONSERVATOR XX ATTORNEY -IN-FACT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT • • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On " S'_ v-z, before me. ZARA S. SPORN, NOTARY PUBLIC personally appeared ROBERT R. KRATZ X personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his /her /their ZARA 5. SPOHN authorized capacity(ies), and that by his /her /their signature(s) on the OMY COMM. #1230889 m instrument the person(s), or the entity upon behalf of which the Notary Public- Califomia co person(s) acted, executed the instrument w ORANGE COUNTY Comm. Exp. July 31, 2003 WITNESS my hand and official seal. flu- S Signature of Nofifry 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 XX INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ATTORNEY -IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT a RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach P. O. Box 1768 Newport Beach, CA 92658 -8915 Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder 1111111 FEE 200400048507512:51pm 05/28/04 213 110 N12 2 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 THIS SPACE FOR RECORDER'S USE ONLY. Exempt Recording Request per Government Code 6103 Title of Document: Notice of Completion for Bayshores Water Main Replacement (C -3512) with -Cody Engineering, Inc. (The Notice of Completion was recorded with the wrong name. Please make the appropriate changes.) 11 'v N i RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in Official Records, County of Orange Tom Daly, Clerk- Recorder IIII! llillllltlllllllllllllllll! IIIIIIIIIII ![IIIIIIIIIIIIIIl11111111N0 FEE 2004000177660 08-1 lam 03105104 110 79 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 O.Oo "Exempt om recordin ees pursuant to Government Code�ection 6103" `; NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newpo4 Beach, �Califomia, 92663, as Owner, and Wj X #kMj KtIf Co �v En neering, Inc. of Nonvalk California, as Contractor, entered into a Contract on May 0 2003. Said G�ontract set c forth certain improvements, as follows: Bayshores Water Main Replacement (C -3512 Work on said Contract was completed on December 19. 2003, and was found to be acceptable on February 24. 2004, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is First National Insurance Company of America. P1 E1�� w 4aN w ml- SAM( D� 'K r�o or Coot1M�p, � 09 K_aP_D� V "� P f rks Director f Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on T ek- a f� a 00 BY C/ � ffA/A . City Clerk , at Newport Beach, California. • ee April 12, 2004 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for: 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC Bayshores Water Main Replacement (C -3512) The enclosed Notice of Completion was recorded with the wrong name. Please make the appropriate changes on your records 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 C] RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 • Recorded in Official Records, County of Orange Tom Daly, Clerk- Recorder Illlllllliillllllllllllllllll{ Il llllllifllllllllllllllllllllllll llliNO FEE 2004000177660 08-1 lam 03105104 110 79 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 6103" tm. NOTICE OF COMPLETION -NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beacti`Califomia, 92663, as Owner, and�X�x�� Cod En ineering, Inc. of Nonoalk ? Califon ia, as: Contractor, entered into a Contract on Nay �3. 2003. Said G�ontract set forth cAain improvements, as follows: Bayshores Water Main Replacement (C -3512) Work on said Contract was completed on December 19. 2003, and was found to be acceptable on February 24 2004, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is First National Insurance Company of America. VERIFICATION W6rks Director Newport Beach I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on a a 00 i BY City Clerk at Newport Beach, California. �Y• 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 0 Recorded in Official Records, County of Orange Tom Daly, Clerk- Recorder 111101111111111111111111flIIIlUIIIIIIIIIiIIIIIIIIIIIIIIIIIIIIIIIIINO FEE 2004000177660 08:1 lam 03/05104 110 79 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Exempt om di pursuant to Government recor Coden lectiees on 6103" NOTICE OF COMPLETION .NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, -Newport Beach; =California, 92663, as Owner, and Hillcrest Contracting, Inc., of Corona i.;CaliforrMa, as Contractor, entered into a Contract on May 13, 2003. Said Contract set forth c�i'tain irinprovements, as follows: Bayshores Water Main Replacement L3512) Work on said Contract was completed on December 19. 2003, and was found to be acceptable on February 24 2004, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is First National Insurance Company of America. Arks Director Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. r / Executed on rte- a a 00 7" at Newport Beach, California. BY l7 City Clerk I� 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk MOO' Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in Official Records, County of Orange Tom Daly, Clerk- Recorder ! IIl IIIIIIIIIIIIIIIIIIIIIIIIIUIIIUIIIUIIIUIIIIIIIIIIIIIIU lIIIIINO FEE 2004000177660 08:1 lam 03105104 110 79 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 " xempt from recordin fees pursuant to Government CodeVection 6103" r NOTICE OF COMPLETION `NOTICE IS HEEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, NewpoAf Beach -California, 92663, as Owner, and =- COU En sneering, Inc. of Norwalk alifomla, as contractor, entered into a Contract on May �3, 2003. Said Contract set forth cd-rlain improvements, as follows: Bayshores Water Main Replacement iC -3512) Work on said Contract was completed on December 19, 2003, and was found to be acceptable on February 24. 2004, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is First National Insurance Company of America. VERIFICATION Arks Director Newport Beach I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. , / Executed on � - a00 7" at Newport Beach, California. BY City Clerk l� • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT �517- Agenda Item No. io 8 February 24, 2004 _ TO: HONORABLE MAYOR AND MEMBERS OF THE CITY FROM: Public Works Department Michael J. Sinacori, P.E. VEb '. 2004 949 - 644 -3311 msinacori@city.newport-beach.ca.us SUBJECT: BAYSHORES WATER MAIN REPLACEMENT — COMPLETION AND ACCEPTANCE OF CONTRACT 3512 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 May 13, 2003, the City Council authorized the award of the Bayshores Water Main Replacement contract to Cody Engineering, Inc., of Norwalk, California. The overhead utilities within the Bay Shores tract were going to be placed underground (Assessment District No. 70) in the fall of 2003. In an effort to coordinate with other City improvements and in accordance with the Water Master Plan, staff recommended the replacement of the deteriorating cast iron pipe section of the Bay Shores water system servicing these homes before the undergrounding construction began. The existing waterlines were constructed in the 1950's and relined in 1983. This project replaced over 5,000 feet of waterline and the associated house services. 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: $591,230.00 Actual amount of bid items constructed: $491,145.00 Total amount of change orders: $54,356.00 Final contract cost: $545,501.00 SUBJECT: Bayshores Water MOeplacement— Completion and Acceptance of Cont*512 February 24, 2004 Page 2 The decrease in the amount of actual bid items constructed over the original bid amount resulted from the reduction in contract work. The original design plans called for the installation of a temporary bypass to maintain water services to the residents. After the bypass was installed, the removal of the existing water main was to take place prior to installation of the new water mains. The contractor was able to adjust the new water m ain a lignment t o m aintain t he a xisting w ater m ains d uring c onstruction. T he cost for the bypass and removal of the existing mains was deleted. In addition, the Bayshores Community Association (Bayshores) is planning the replacement of the a Ileys u pon completion of this project and the undergrounding of utilities. Bayshores allowed a reduction in alley trench paving widths and thickness resulting in $45,767.00 in asphalt savings. The final overall construction cost including change orders was 7.7 percent below the original contract amount. Funds for the project were expended from the following accounts: Description Account No. Amount Water Main Master Plan Improvement 7501- C5500074 $260,536.00 Pipeline Master Plan Replacement 7501- C5500578 $265,949.00 Assessment District No. 70 - Bayshores 7401- C5200483 $19,016.00 Total $545,501.00 All work was completed on December 19, 2003. The original completion date was September 4, 2003. However, coordination between the undergrounding contractor and Cody Engineering required a delay in the water main replacement project. In addition, Cody Engineering was requested to complete the final street paving within the project area though the water main installation was completed in early November. $19,016 was charged to the Assessment District for completion of the undergrounding districts portion of the joint street paving efforts. 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. Prepared by: ( Submitted by: J. Sinacdri, P.E. Stepp". Badum I Civil Engineer PubliqvWorks Director 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC April 9, 2004 Cody Engineering, Inc. P.O. Box 341 Norwalk, CA 90650 Subject: Bayshores Water Main Replacement (C -3512) To Whom It May Concern: On February 24, 2004, 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 March 5, 2004, Reference No. 2004000177660. The Surety for the contract is First National Insurance Company of America, and the bond number is 6195011. Enclosed is the Labor & Materials Payment Bond. Sincerely, aVonne M. aarkless, CMC City Clerk cc: Public Works Department Michael J. Sinacori, Principal 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 E%ECUTED IN QUADRUPWATE • PREMIUM: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSHORES WATER MAIN REPLACEMENT CONTRACT NO. 3512 BOND NO. 6195011 LABOR AND MATERIALS PAYMENT BOND Included in Faithful Performance Bond WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to CODY ENGINEERING, INC., hereinafter designated as the "Principal; a.contract.for construction-of BAY_SHORES_WATER MAIN. REPLACEMENT, Contract.No. 3512 ... _ ...... 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. 3512 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, FIRST NATIONAL INSURANCE COMPANY OF AMERICA 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 five hundred ninety -one thousand, two hundred thirty and 001100 Dollars ($591.230.00) 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 __.. _._..._. Y_.. _ �rinci a{ and Sure _._ _ __ _ ._...._ _ _...... ... . .......... ... . p ty, on the 7th --d-ay-of of � 2TAY , 2003. FIRST NATIONAL INSURANCE COMPANY _ OF AMERICA Name of Surety 2677 N. Main Street #100 Santa Ana., CA 92705 Address of Surety 7141437 73011 Telephone RANDY SPOHN Ar�p� n -Fa Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 CALIFORNIA ALL- PURPOVACKNOWLEDGMENT 0 State of CALIFORNIA County of ORANGE On MAY 7.2003 before me E LEM Notary Public personally appeared Randy Snohn X personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to we that he/she/they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I . _ . E. LEM OOPv1M. #1222101 WITNESS my hand fficial seal. V) ® Notary Public- Califomia y ORANGE COUNTY My Comm. Exp. May 26, 2003 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 PRESIDENT CORPORATE SECRETARY PARTNER(S) _ LIMITED TRUSTEE(S) GUARDIAN /CONSERVATOR XX ATTORNEY -IN-FACT R IS REPRESENTING: OF PERSON(S) OR ENTITY(IES) t SAFECa POWER FIRST NATIONAL SURETY OF ATTORNEY PO BOX 34526 SEATTLE, WA 98124 -1526 KNOW ALL BY THESE PRESENTS: FIRST NATIONAL INSURANCE COMPANY OF AMERICA PO BOX 34526 SEATTLE, WA 98124-1526 No. 10655 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint " a """ +" +o"""""" +" "r"s"""nw+sRANDY SPOHN; ELIZABETH LEM; ZARA SPOHN; DONNA CARLSON; Santa Ana, Calif"ie ............ ............ r ... ...... its true and lawful attomey(s)- hrfact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duty executed by its regularty elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 20th day of November 2002 CHRISTINE MEAD, SECRETARY MIKE MCGAVICK, PRESIDENT CERTIFICATE Extract from the By -Lars of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the Presidem, any Vice President, the Secretary, and arty Assistant Vice President appointed for that purpose by the officer in charge of surety operatics, shag each have authority to appoint individuals as attorneys- in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of Its business— On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on arty bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal she# not be necessary to the validity of arry such instrument or undertaking' Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V. Section 13 of the By -Laws, and (g) A Copy of the poaer�f- attorney appointment, executed pursuant thereto, and ( iii) Certifying that said powerof- attorney appointment is in full force and effect, the signature of the cedifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Christine Mead, Secretary of FIRST NATIONAL WSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Pourer of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effecL IN WITNESS WHEREOF, I have hereunto set my hared and affixed the facsimile sent of said corporation SEAL S- 104VFNEF 7198 this 7th day of MAY 2003 CHRISTINE MEAD, SECRETARY ® A registered trademark of SAFECO Corporation 111=2002 PDF CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ` / O ADDENDUM NO. 1 Page: 1 of 2 Cody Engineering inc P.O. Box 341 Norwalk CA 90651 BAYSHORES WATER MAIN REPLACEMENT CONTRACT NO 3512 DATE: BY: Public Works Director TO: ALL PLANHOLDERS A. PLANS 1. Delete Construction Note 1 on Sheet 6 of 10 and replace with the following: INSTALL 12" DR -14 C -900 PVC PIPE WITH 10 GAGE INSULATED TRACING WIRE. 2. Delete Construction Note 1 on Sheet 9 of 10 and replace with the following: INSTALL 12" DR -14 C -900 PVC PIPE WITH 10 GAGE INSULATED TRACING WIRE. B. SPECIAL PROVISIONS 1. Delete Item No. 21 of Section 9 -3 in its entirety and replace with the following: Item No. 21 Asphalt Pavement and Streets and Intersections: Work under this item shall inclide but not be limited to sawcutting, removal and disposal of existing asphalt, removal and disposal of lime treated base (where present), placing lime treated base and asphalt concrete in accordance with the Trench Detail on Sheet 2 fo the plans and all other work necessart to reconstruct Asphalt Pavement within Streets and Intersections complete and in place. f:\users\pbw \sharedlcontracts\fy 02 -03 \bayshores water main replacement c- 3512 \addendum.doc aCod ABOX 341 ineering inc Page: 2 of 2 Norwalk CA 90651 Bidders must sign this Addendum No. 1 and attach it to the bid proposal. No bid will be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full p�1e coposal, odyn 9nMr% In P.O. Box 341 Norwalk CA 90651 Bidder's Name (Please Print) Date q. 3 0- D3 Authorized Siddatu)v -& Title f: \users \pbw \shared \contracts \fy 02 -03 \bayshores water main replacement c- 3512 \addendum.doc CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT t ,.Yl \�IFORr/ ADDENDUM NO. 2 BAYSHORES WATER MAIN REPLACEMENT CONTRACT NO 3512 DATE: Apa Zs► 3 TO: ALL PLANHOLDERS PLANS Page: 1 of 2 BY: ^`^°� t t `c ar eQvh I fav, Public Works Director A Delete 8" L.T.P. B. from Trench Detail on Sheet 2 of 10 and replace with 8" C.T.B. PROPOSAL A. Delete quantity from item Number 20 and replace with 26,000 S.F. B. Delete quantity from item Number 21 and replace with 11,800 S..F. SPECIAL PROVISIONS 1.. Delete Item No. 21 of Section 9 -3 in its entirety and replace with the following: Item No, 21 Asphalt Pavement and Streets and Intersections: Work under this item shall include but not be limited to sawcutting, removal and disposal of existing asphalt, removal and disposal of lime treated base, placing cement treated base and asphalt concrete in accordance with the Trench Detail on Sheet 2 of the plans and all other work necessary to reconstruct Asphalt Pavement within Streets and Intersections complete and in place,, frWserslpbwtshamdlcontractskfy 02 -03\bayshores water main replacement c- 3512\addendum#2.dac 0 • Page: 2 of 2 Bidders must sign this Addendum No. 2 and attach it to the bid proposal.. No bid will be considered unless this signed Addendum No. 2 is attached. I have carefully examined this Addendum and have included full paymenUA fwd a! iip� O. Box 341 Norwalk CA 90651 Bidder's Name (Please Print) Date 6 �-tc�x 6cx/�CLS . Authorized Vignahurel Title f:luserslpbwlsharedlcontractsW 02- 031bayshores water main replacement c3512\addendum#2.doc SECTION 2 2 -6 2 -9 2 -9.3 2 -9.6 SECTION 3 3 -3 3 -3.2 3 -3.2.3 SECTION 4 4-1 4 -1.3 4 -1.3.4 SECTION 5 5 -2 5 -7 5 -8 SECTION 6 6 -1 6 -7 6 -7.1 6 -7.2 0 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS BAYSHORES WATER MAIN REPLACEMENT CONTRACT NO. 3512 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SCOPE AND CONTROL OF THE WORK WORK TO BE DONE SURVEYING Survey Service Survey Monuments CHANGES IN WORK EXTRA WORK Payment Markup CONTROL OF MATERIALS MATERIALS AND WORKMANSHIP Inspection Requirements Inspection and Testing UTILITIES PROTECTION ADJUSTMENTS TO GRADE SALVAGED MATERIALS PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK TIME OF COMPLETION General Working Days 1 1 1 1 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 4 4 4 PART 2 - -- CONSTRUCTION MATERIALS SECTION 207 0 12 6 -7.4 Working Hours 4 6 -9 LIQUIDATED DAMAGES 4 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 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 5 7 -10.1 Traffic and Access 5 7 -10.2 Storage of Equipment and Materials in Public Streets 6 7 -10.3 Street Closures, Detours, Barricades 6 7 -10.4 Public Safety 6 7- 10.4.1 Safety Orders 6 7 -10.5 "No Parking" Signs 7 7 -10.7 Notice to Residents 7 7 -15 CONTRACTO'R LICENSES 7 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 7 SECTION 9 MEASUREMENT AND PAYMENT a 9 -3 PAYMENT 8 9 -3.1 General 8 9 -3.2 Partial and Final Payment 12 PART 2 - -- CONSTRUCTION MATERIALS SECTION 207 PIPE 12 207 -9 IRON PIPE AND FITTINGS 12 207 -9.2 Ductile Iron Pipe for Water and Other Liquids 12 207 -9.2.2 Pipe Joints 13 207 -9.2.3 Fittings 13 207 -9.2.4 Lining and Coating 13 207 -9.2.6 Polyethylene Encasement for External Corrosion Protection 13 207 -9.4 AWWA Butterfly Valves 13 207 -9.4.1 General 13 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 14 300 -1 CLEARING AND GRUBBING 14 300 -1.3 Removal and Disposal of Materials 14 300 -1.3.1 General 14 0 0 300 -1.3.2 Requirements 14 300 -1.5 Solid Waste Diversion 14 SECTION 302 ROADWAY SURFACING 15 302 -5 ASPHALT CONCRETE PAVEMENT 15 302 -5.1 General 15 302 -5.4 Tack Coat 15 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 15 302 -6.6 Curing 15 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 15 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 15 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 15 303 -5.1.1 General 15 303 -5.4 Joints 16 303 -5.4.1 General 16 303 -5.5 Finishing 16 303 -5.5.1 General 16 303 -5.5.2 Curb 16 PART 4- -- ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIALS 400 -2 UNTREATED BASE MATERIALS 16 400 -2.1 General 16 400 -2.1.1 Requirements 16 i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS BAYSHORES WATER MAIN REPLACEMENT CONTRACT NO. 3512 INTRODUCTION SP 1 OF 16 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- 5292 7S); (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 the removal and disposal of existing 4 -inch AC pipe and 6 -inch cast iron pipe, temporary by -pass piping and the installation of 4, 6, 8, DR -14 C-900 P.V.C. pipe and 12 -inch DR18 C -900 P.V.C. pipe as shown on plans W- 5292 -S, complete including testing, disinfection, flushing, street reconstruction, and traffic control." 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize /follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The filing of a Corner Record and /or a Record of Survey with the County Surveyor's office is required after the work completion. J 0 • SP 2 OF 16 All existing street centerline ties and property comer monuments are to be preserved. The Contractor shall be responsible fore the cost of restoring all survey ties and /or monuments damaged by the work." 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and protect them during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall have the affected survey monuments restored per records, at his expense. The Contractor's Engineer or Licensed Surveyor shall also file the required Corner Records with the County of Orange upon monument restoration. SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. This Section only applies to work in excess of the estimated quantities shown in the Proposal." SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various • • SP3OF16 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 all 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 a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor • • SP 4 OF 16 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 75 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 16t,' the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11 th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving), December 24th, (Christmas Eve), December 25th (Christmas), and December 3151(New Year's Eve). 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. 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 $60.00 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. 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 • • SP5OF16 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 he 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. 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 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." • • SP6OF16 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. 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." 5. Vehicular access to all 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 the 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. 0 • SP7OF16 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 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 City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. 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. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General "A" 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. • SP8OF16 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, preparation of the construction schedule, mobilizing and demobilizing of all materials and equipment, 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 and temporary parking permits, 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, 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 Removal and disposal of existing 4 -inch and 6 -inch Asbestos Cement Water Main: Work under this item shall include but not be limited to: pavement removal, sawcutting, potholing of all existing facilities and utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, removal and disposal of existing water main, disposal of excess excavation material, controlling ground and surface water, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, and all other work necessary to remove the pipe. Item No. 4 Removal and disposal of existing 4 -inch and 6 -inch Cast Iron Water Main: Work under this item shall include but not be limited to: pavement removal, sawcutting, potholing of all existing facilities and utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, removal and disposal of existing water main, disposal of excess excavation material, • • SIP 9OF16 controlling ground and surface water, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, and all other work necessary to remove the pipe. Item No. 5 Abandonment of existing Water Mains: Work under this item shall include but not be limited to: pavement removal, sawcutting, trench excavation, exposing of existing water main approximately every 200 feet, cutting and removing interfering portions of the existing water main, filling the abandoned water main with slurry and plugging the ends of the pipe with concrete, disposal of excess materials, shoring, bracing, temporary patching or trench plates, controlling ground and surface water, disposal of excess materials, and all other work necessary to abandon the pipe complete and in place. Item No. 6 Furnish and Install new 4 -inch PVC, DR -18, Water Main: Work under this item shall include furnishing and installing all pipe material including, but not limited to, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of pipe, fittings, couplings thrust blocks, potholing of all existing facilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work necessary to install complete and in place. Item No. 7 Furnish and Install new 6 -inch PVC, DR -14, Water Main: Work under this item shall include furnishing and installing all pipe material including, but not limited to, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of pipe, fittings, couplings thrust blocks, potholing of all existing facilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work necessary to install complete and in place. Item No. 8 Furnish and Install new 8 -inch PVC, DR -14, Water Main: Work under this item shall include furnishing and installing all pipe material including, but not limited to, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of pipe, fittings, couplings thrust blocks, potholing of all existing facilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work necessary to install complete and in place. Item No. 9 Furnish and Install new 12 -inch PVC, DR -14, Water Main: Work under this item shall include furnishing and installing all pipe material including, but not limited to, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of pipe, fittings, couplings thrust blocks, potholing of all existing facilities, connections to existing • • SP 10 OF 16 facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work necessary to install complete and in place. Item No. 10 Temporary Water Main Bypass: Work under this item shall include but not be limited to the installation and removal of a temporary water main bypass, connection to house services, restraining of temporary piping, and all other work necessary to install and remove a temporary water main bypass complete and in place. Item No. 11 Furnish and Install 6 -inch Resilient Wedge Gate Valve: Work under this item shall include furnishing and installing a 6 -inch Resilient Wedge Gate Valve MJxFE with stainless steel trim per City of Newport Beach Standard Plan STD -508 -L including, but not limited to, valve box and cover, valve extension, thrust block, and all other work necessary to install 6 -inch Resilient Wedge Valve complete and in place. Item No. 12 Furnish and Install 6 -inch Resilient Wedge Gate Valve: Work under this item shall include furnishing and installing a 6 -inch Resilient Wedge Gate Valve FExFE with stainless steel trim per City of Newport Beach Standard Plan STD -508 -L including, but not limited to, valve box and cover, valve extension, thrust block, and all other work necessary to install 6 -inch Resilient Wedge Valve complete and in place. Item No. 13 Furnish and Install 8 -inch Resilient Wedge Gate Valve FExFE: Work under this item shall include furnishing and installing an 8 -inch Resilient Wedge Gate Valve FExFE per City of Newport Beach Standard Plan STD -508 -L including, but not limited to, valve box and cover, valve extension, thrust block, and all other work necessary to install 8 -inch Resilient Wedge Valve complete and in place. Item No. 14 Furnish and Install 8 -inch Resilient Wedge Gate Valve MJxMJ: Work under this item shall include furnishing and installing an 8 -inch Resilient Wedge Gate Valve MJxMJ per City of Newport Beach Standard Plan STD -508 -L including, but not limited to, valve box and cover, valve extension, thrust block, and all other work necessary to install 8 -inch Resilient Wedge Valve complete and in place. Item No. 15 Furnish and Install 12 -inch "K -flow" Butterfly Valve: Work under this item shall include furnishing and installing an 12 -inch "K -flow" Butterfly Valve FExMJ with stainless steel trim per City of Newport Beach Standard Plan STD-51 1-L including, but not limited to, valve box and cover, valve extension, thrust block, and all other work necessary to install 12 -inch "K -flow" Butterfly Valve complete and in place. Item No. 16 Remove and Re- connect existing 8 -inch Resilient Wedge Gate Valve FExMJ: Work under this item shall include cutting and removing of interfering portions of existing pipe, removal and relocating of the existing 8 -inch Resilient Wedge Gate Valve FexMJ, per City of Newport Beach Standard Plan STD -508 -L including, but not limited to, valve box and cover, valve extension, thrust block, and all other work necessary to install 8 -inch Resilient Wedge Valve complete and in place. • • SP 11 OF 16 Item No. 17 Remove Existing and Install New Fire Hydrant Assembly: Work under this item shall include removing 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. Item No. 18 Re- connect 1 -inch house service (long) per City of Newport Beach STD - 502 -L: Work under this item shall include but not be limited to furnishing and installing double strap saddle, corporation stop, 1 -inch copper pipe, new concrete meter box with cast iron lid, making all adjustments on property owners connections to get service to meter box and all other work necessary to install complete the connection. Item No. 19 Re- connect 1 -inch house service (short) per City of Newport Beach STD - 502 -L: Work under this item shall include but not be limited to furnishing and installing double strap saddle, corporation stop, 1 -inch copper pipe, new concrete meter box with cast iron lid, making all adjustments on property owners connections to get service to meter box and all other work necessary to install complete the connection. Item No. 20 Asphalt Pavement and Alley Reconstruction: Work under this item shall include but not be limited to sawcutting and removing existing asphalt, placing and compacting aggregate base and asphalt concrete in accordance with the Trench Detail on Sheet 2 and all other work necessary to reconstruct Asphalt Pavement within Alleys complete and in place. Item No. 21 Asphalt Pavement in Streets and Street Intersections: Work under this item shall include but not be limited to sawcutting and removing existing asphalt, placing and compacting aggregate base and asphalt concrete in accordance with the Trench Detail on Sheet 2 and all other work necessary to reconstruct Asphalt Pavement within Streets and Street Intersections complete and in place. Item No. 22 Pressure Test, Disinfect and Flush Water Main: Work under this item shall include successfully pressure testing, disinfecting and flushing the new water mains per the project specifications. Item No. 23 Provide and Install trench safety measures: Work under this item shall include but not be limited to submitting a detailed plan to the Engineer prior to excavating any trench five feet or more in depth per the project specifications. Item No. 24 Construction Surveying: Work under this item shall include but not be limited to providing all construction surveying required during construction. Item No. 25 Provide As -Built Drawings: Work under this item shall include all actions necessary to provide As -Built drawings. 0 • SP 12 OF 16 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 207 -- -PIPE 207 -9 IRON PIPE AND FITTINGS 207 -9.2 Ductile Iron Pipe for Water and Other Liquids 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 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 816.5 pattern, Class 150 flanges. Bolts and nuts for all installations shall be Type 316 • SP 13 OF 16 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." 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." 207 -9.4 AWWA Butterfly Valves 207 -9.4.1 General. All butterfly valves shall be of the tight - closing, rubber - seat type, conforming to the design standards of ANSI /AWWA C504 latest revision, except where noted herein. Valves shall be bubble -tight at the rated pressure in either direction and shall be suitable for throttling service and /or operation after longs periods of inactivity. Manufacturer shall be ISO 9001 Certified or have similar certification up and above AWWA. All butterfly valves shall be from the same manufacturer. Valves shall be, K -FLO Wolverine Fig. 506 (Class 150), or approved equal. All valve bodies shall be constructed of cast iron ASTM A126, Class B with ANSI B16.1 flange drilling. All valves to have 316 stainless steel exterior body bolts. Discs shall be of the concentric design. Valve discs shall be constructed of ductile iron ASTM A536, Grade 65 -45 -12 with a 316 stainless steel edge. Valves shall have a one piece through shaft of 18 -8 stainless steel, corresponding to the requirements of AWWA C504, latest revision. The shafts shall fasten to the disc by means of a threaded disc pin or through pin providing a positive leak proof connection of the shaft to the disc. Seats shall be simultaneously bonded and vulcanized to the body of the valve. All interior surfaces in contact with water, excluding stainless steel and disc shall be rubber lined or epoxy coated. Valves with the rubber seat located on the valve disc will not be permitted. Seats shall be designed so that no adjustments or maintenance is required. All shaft bearings shall be of the self - lubricating, corrosion - resistant, sleeve type. Bearings shall be designed for horizontal and /or vertical shaft loading. Shaft packing shall be self- adjusting and suitable for pressure or vacuum service. The flow path for valves shall be fully rubber lined. The valve disc shall be Fusion Bonded Epoxy Coated with an AWWA NSF -61 coating system or liquid epoxy on wetted interior surfaces 16 mils, holiday free. Exterior coating shall have 16 mils of liquid epoxy. All valves to be painted at the factory by the valve manufacture. • • SP 14 OF 16 All valves shall be hydrostatic and leak tested in accordance with ANSI /AWWA C504, latest revision with the following modification: Valves shall be tested and rated at 200 PSI to facilitate field system hydro -test. All valves to be tested with the actuator installed as a complete unit by the valve manufacture. Provide certified test reports with all valve shipments. Manufacturer furnishing valves shall present proof of compliance with ANSI /AWWA C504, latest revision. The valve actuators are to be installed and tested at the factory by the valve manufacture. All actuators to be provided with 316 stainless steel exterior body bolts. 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. 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 1-1/2 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 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. 0 • SP 15 OF 16 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 Y< -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." 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 (1/10) 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 16 OF 16 303 -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 "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718 - 3402:' 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." F: \USERS \PB=Shared \Contracts \FY 02 -03 \BAYSHORES WATER MAIN REPLACEMENT C -3512 \SPECS C•3512.doc ' (38-) • • C -3512- CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 9 May 13, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COU BYTHEC YCOUNg1 CITY OF NEWPORT SEA FROM: Public Works Department Michael J. Sinacori, P.E., Principal Civil Engineer `UU� 949 -644 -3311 msinacod @city.newport- beach.ca.us APPROTL SUBJECT: BAYSHORES WATER MAIN REPLACEMENT - AWARD OF CONTRACT NO. 3512 AND APPROVAL OF AMENDMENT NO. 1 TO CIVILTEC ENGINEERING PROFESSIONAL SERVICES CONTRACT RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3512 to Cody Engineering, Inc. for the total bid price of $591,230 and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $59,000 to cover the cost of unforeseen work. 4. Approve Amendment No. 1 to Professional Services Agreement with Civiltec Engineering Inc. increasing their compensation $12,535 for additional design services related to the subject project and authorize the Mayor and City Clerk to execute the Amendment. DISCUSSION: At 2:00 P.M on April 30, 2003, the City Clerk opened and read the following bids for this project: TOTAL BID AMOUNT $591,230.00 $598,410.00 $619,342.62 $638,380.00 $668,748.00 $696,558.00 $697,970.00 BIDDER Low Cody Engineering 2 GCI Construction, Inc. 3 W.A. Rasic Construction Co. 4 P & J Utility Co. 5 Special Services Contractors 6 Valverde Construction 7 SRD Engineering TOTAL BID AMOUNT $591,230.00 $598,410.00 $619,342.62 $638,380.00 $668,748.00 $696,558.00 $697,970.00 f � Subject: Bayshores Water *Replacement — Award of Contract No. 3512 • May 13, 2003 Page: 2 BIDDER CONTINUED TOTAL BID AMOUNT 8 Vido Artukovich & Son, Inc. $855,925.00 9 Majich Brothers, Inc. $933,730.00 10 Beador Construction Co. Non Responsive Bid 11 Savala Construction Non Responsive Bid The low total bid amount is 12 percent below the Engineer's Estimate of $680,000. The low bidder, Cody Engineering, Inc., possesses a General Engineering Classification "A" contractor's license as required by the project specifications. Cody Engineering, Inc. has satisfactorily completed similar water main construction projects for other public agencies. The overhead utilities within the Bay Shores tract are going to be placed underground (Assessment District No. 70) in the fall of 2003. In an effort to coordinate with other City improvements and in accordance with the Water Master Plan, staff recommends the replacement of the deteriorating cast iron pipe section of the Bay Shores water system servicing these homes before the undergrounding construction begins. The existing waterline was constructed in the 1950's and relined in 1983. This project provides over 5,000 feet of waterline replacement and the associated house services (see attached exhibit). Civiltec Engineering Inc. prepared the contract documents for the Water Main Replacement Project under their As- Needed Engineering Construction and Support Services Professional Services Agreement. During the course of the accelerated design effort, additional efforts were required which required them to exceed their $25,000 contract amount as described in the attached Amendment No. 1 to their Agreement. Staff recommends approval of Amendment No. 1 in the amount of $12,535. 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. Funding Availability: There is $614,218 in funds available to award the contract to Cody Engineering, provide for the additional $12,535 in design services for Civiltec Engineering, and allow $10,453 for unforeseen conditions. The remaining $48,547 required for contingent construction Subject: Bayshores Water On Replacement —Award of Contract No. 35120 May 13, 2003 Page: 3 work can be appropriated subject to approval of the proposed 03/04 fiscal year Water Master Plan Improvement Program. Account Description Water Main Master Plan Improvement Program Pipeline Master Plan Replacement Projects Water Main Master Plan Improvement Program (proposed FY 03/04) Prepared by: f Y /--. Mich el J. Sinaco'' Principal Civil Engineer Account Number Amount 7501 C5500074 $260,536 7501 C5500578 $353,682 7501 C5500074 $48,547 Total: $662,765 Submitted by: Stephen G. Bads m'� Public Works Director Attachments: Project Location Map Bid Summary Civiltec — Professional Services Agreement Amendment No. 1 r Z Z UW '(2 W y LU OC IL WY 2Ir LL OV v� IL a O U U U O N J o m mw O m a p r o p a 0 0 a a 0 0 p a 0 0 p° 0 o g a g o s a 0 0 p 0 p p° o p o g a o a a 0 0 a 0 ,z S O° S S O S S m O O O l o o O O .... p a O O O O g 0 0 P Cf P O m m m Vl mS b 10 a N N b m N N O Q a (") O O O p E 0 m N W N NbbNP NN N O U Q Z 0 O° 0 0 O° 0 0$$$ O °o °o °o °O °O °O S S 0 O 0 0 O O 0 O 0 N 0 O 0 0 O O S � o O t'f 0 t7 t'M O O 1� h O O o b O b O O A m O o O O W m N M O Ci O O o m Z O O° O O O 0 0 O l7 0 N 0° O 0 O O 0 O 0 O S O O O O O O N N N W O O S S O O O O O O (OJ H A O O$ O m P N C b O O N m Q W f0 N m O P A N O A C O- N m O n Q m m N b W b A l7 O m P W A m A A W m Q OT, . N u ¢ C O U o m A N 0 17 O (✓1 N {") P m N P Q N m N A Q O W N m m P W N W b O N N N O N P A N O A N A m m m m pa m P 1� (7 3 qo 0 0 0 0 o a 0 0 o p 0 0 o o o$$$ a o 0 0 0 0 0 ° o o 0 a 'a.. 0 0 0 Z O O O ...... 0 °o ° °O °o p° °O °O Q °O °O ° ° °P °O °a $ $ Pp S N O O O A O �y O N ¢ yJ C U oo000$ d,00 °o, 8800.800 0 o$ °o om2gad, °o, V- P 4 W N v N O o o800 o 0 O O O a O 0 o N 0000 O O O O Ur Zoo O_N N 17 W Q �Nm o0o n O°° o 0.°° 0 O 0 ° 0 0 0 0 0 00° ° 0 oO 0 0 0 ° 0 0 0 0 0 o o 0 0 o 0 0 o o 0 p F a 0 o co 0 0 p o m n m 0 0 m A N b ui 0 o o o . o Z O O O N O N f7 O O N m W CJ m N W P O p W m O O O O O N m m A N m S y O N � N C ¢ c w T 00. O O O O S 00000 O O Poo O 00.800000 O O O O O U Z O S N ms W Q N S l7 m S P A N ONI h A Q m 1°O P N 00 m p N Zoo o b m W W o m m x° m n b 0 0 000 0 99 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 o a 0 0 ° 0 O° 0 0 a 0 a 0 ..8. 0 o g o o r0.8888288888 Z O O O O O P N N N 0 N N 0 N A 0 0 O O Q m 0 0 O O N m 0 O 0 0 O O 0 O 0 a S 0 0 O O 0 S m jp O m N Q 0 m m m A O O Cl P O Q Q O mA N Q O W O O m N E 0 n h w i ¢ m E W W~ o Z S S N N N m O N N O S 0 0 a O 0 S O O O O O a O O O p p p S O Ma O N o P b N A V? A A A m m N m O g b N N O W O m N O fn J N LL J J LL LL J J LL LL J J LL J LL J fn ¢¢¢¢¢ J ¢ ¢¢¢ LL LL N N N fA Y W W W W W 111 W W W 41 N J J J J F Z -- S °m $�? a. N N N S O m a a � Y m J J J J J 0 = J J N N qm i m L m 0 0 Lq Z %�� ❑ m N41y NI-_ N NNE m O w m m Q LL LL b d LL_ d 'a U K N IL 0 N N O N U U 2 U G U H 2 w LL i>% N U U E d Ua m °caaaLL Q¢ U c C U C b m m m m Z p m= 10 m d QI C N C 3 s s m mn - P `nm mUm i'J Um' Vm' myo mo C O vain Q Z O _ LL U U C C n � N J O Q C P C C C_ QI N d N m LL a " yy W S C ry b m E E G O O O L N N N` p LL 0 E O G 2 m L L L L m N m a m a m � y 3 m@ m f lY m a R¢ > > LL LL >> LL LL m f b b 0 m N m m � LL' i m R ¢ cm co L C¢¢ U U LL 2,8 , o Q LL W N tl Q N m A m W p N (y P N m A m W O N M P N N N m a Or a z 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 d 0 d 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 O O O o o 0 Z o od s S o 00 . ob S o g o 00 00 00 °0 0 0 °o °o °o o o °om 0 '38 0 0 b O N O N b F_ OJ 10 O r0 t0 P r[1 r[1 a b O O O O b N N O P OI __ h O b N N N Q L m 888858888888885 8 885��8888 ............... O O O b O O b N b O O O S S . O ......... S O O N N ?OR O O O O Ol N C O 10 A F O C O rG r0 O) W W b_ O b Q (7 i0 . F O O O O S O O O O O S O O O O O O O O O O O O O O O O O Z S O O O OO O O C 00 O 8 S Y R O N N p p 0 0 0 0 O O b O N � N b A 0 V) N b < L V p y O O S O O O O O S S O O O O O O O O O F n S O O O Z 0 0 O F F OI O O ry O O O O N `O' O O O < Ob OQ F O) A F N b P O' j rp f b b b Y J F 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 o 0 0 0 0 0 0 0 o 0 O 0 d o 0 0 Z ... O O O 0 Q 8 00M.. O b P O O c rO o O 0 0 N b 0 0 0 O 0 0 O O 0 5 0 0 0 O F f� h O O F m N N P P O l QO P A a b O P CO (�l l P r tP 7 N �P - Cl N N rA � h P Ib D O b b d C Q C W O O O O O O O b S 0 O 0 O 0 O 0 O 0 0 O O 0 O 0 O 0 0 O O O O O O O O O N O b n O O O O O O O O = N m A P b O bb r O` F N 10 . tO rl_ Q N b 10 b b Q F j 10 O H N 10 N fp O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 O 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 O C Z O O O O O O O O S O 0 0 0 0 0 0 0 0 0 O O m O 0 p O O b 0 0 0 N b O O b Q A O f7 Q N H O N b Im N U O O O P O N (") O f0 N F O N N O r0 OI O l7 UJ 22 N - N CJ N N [7 Q b N b P N N < O C O U 00.0 S O O O O O O O O O O 000.. O O O O m O O O O O 0 0 0 0 0 0 0 0 0 O O O O t7 N O O O O 9 O O N r f0 �- O O O N F p b ro O O O O O O O O � O A O O b th 0 0 0 0 0 g F 0 0 O O 0 O O O 6 0 0 0 0 0 0 0 0 O O O O O O 0O O O O O O O S Z O. O O Co 0 o . O P O O S O Ob O O O O O O O0 O O 0 CI O0 O O 0 m O O 0 O 0 0 b O b n 0 O N O O b O O M 0 0 O O P 0 O 6 O b 0 M m O C b r {y ti bLf b U < b m 0 0 0 0 S 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m O O O O O O O O O O O O O d 0 0 0 0 6 0 0 0 0 O O O 0 O O O O 0 O O Y b O O O N O G N J J Q J W J J J J J J J W W W W W W W W N o J J J J H Q^ O a m c o U T r J d N N L L y (/i C f 10 b O b b U b P P C r0 OOO b b m LL 00'�'� -- J a o .. KR d' p NNUU O Z .Y UUO Opso yF O m y O_ m W m m m I- 'a OIL K LL m> .m.• C C rLn M LL LLNy m` N U U U j umi U 'a °caiaa'o > > > >� .. U 9 0 L L L % i% i 0 C O < U o m- m m J O b b C C m d C W N m (, U' V' Ur d 0 LL :Rom 20 •6 rd `ry N i0 ; N N U U C C d D 8 N m y Y> y~ N W t O Q m a s o o 'E 'E 'E u u c o> °� d °' °1 a d c m a E E m E E c c c c- E 3 E m> Y m c o E - �L m m m o o U U - E: Q 8.2 �Frcar¢LLLLLL LLFru �bmm. -rc> xa Z�a¢ F N N N N N N Or a 0 0 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT FOR AS- NEEDED ENGINEERING AND CONSTRUCTION SUPPORT SERVICES THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this _ day of May 2003, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and Civiltec Engineering, Inc., whose address is 118 W. Lime Avenue, Monrovia, California, 91016, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS: A. On, May 14, 2002, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT', for As- Needed Engineering Construction and Support Services for a not -to- exceed fee $25,000. B. CITY desires to enter into this AMENDMENT NO. 1 to increase compensation from $25,000 to $37,535. C. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 1 as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. Section 3, Compensation to Consultant: Consultant shall perform the additional services to prepare the plans and specification for the Project, identified in attached Exhibit A dated April 23, 2003. The fee for the additional services identified in this Amendment is $12,535. 2. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. 0 NO. 1 on the date first above written. APPROVED AS TO FORM: By: Robin Clauson Assistant City Attorney 9 CITY OF NEWPORT BEACH, A municipal corporation F--17 Steven Bromberg, Mayor CIVILTEC ENGINEERING, INC. W. David Byrum P.E., President F; \USERS \PBW\SharedVAgreements \Fy 01- 02 \Civiltec Amendment 1.doc 05/Q2/,2003 14:47 CIVILTEC ENGINEERING INC 4 19496443318 engmeaing ina N8.831 Pei CIVIL AND ENVIRONMENTAL ENGINEERING, PLANNING AND CONSTRUCTION MANAGEMENT April 23, 2003 City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Michael Sinacori, P.E., Utilities Engineer Subject: Budget Amendment to Provide Professional Engineering Services to Design the Bay Shores Community Pipeline Replacement Project per our On Call Services Agreement. Dear Mr. Sinacori: GWItec engineering, inc. and the City of Newport Beach executed an On Call Services Agreement dated May 14, 2002, with an initial authorization amount of $25,000.00. The City expected, as part of the services under this Agreement, Civiltec to perform construction support as required for the Bayside Marine PRV Station Project as well as the design of 8 -inch and 12- inch replacement pipelines in the Bay Shores community. The construction support services have been completed with a total cost of $1,105.00. The Bay Shores Project is complete as of April 8, 2003 and the following design services were performed: 1. Replace the existing 8 -inch and 4-inch pipe with a new 12 -inch pipe approximately 700 feet along the westerly community boundary from Marino Drive to the US Bulkhead Line. 2. Replace the existing 8 -inch and 6 -inch pipe approximately 1150 feet along Marino Drive and the alleyway between Crestview Drive and Vista Drive from the northerly end of Marino Drive to the valve just westerly of Waverly Drive. The replacement pipe will be 8 -inch in size. 3. Replace the existing 6 -inch pipe in the alleyway parallel to and on the northerly side of Waverly Drive for approximately 500 feet. The replacement pipe will be 8 -inch in size. 4. Replace the existing 6 -inch pipe in the alleyway paralleling Bayshore Drive from PCH through the easement from the alleyway to Bayshore for approximately 1220 feet. The replacement pipe will be 8 -inch in size. 5. Replace the existing 4 -inch pipe approximately 660 feet along the PCH frontage roadway from Bayshore Drive to the valve between lots 56 and 57. The replacement pipe will be 8 -inch in size. The original design phase budget was based upon the City of Newport Beach providing AutoCAD utility and right -of -way base maps of the Bay Shores community. We were to simply add the utilities found in our research and field locate service meters as part of our routine field 11B W. LIME AVENUE MONROVIA, CA 91016 TEL: (626) 357 -0588 FAX: (626) 303.7957 05/02/2003 14:47 CIUILTEC ENGINEERING INC 4 19498443318 N0.831 ,902 City of Newport Beach W. Michael Sinacori, P.E., Utilities Engineer April 23, 2003 Page 2 review. We were also to provide plan only design with details of critical connections and sections of critical crossings as identified in the design process. The established budget was $16,420.00. The City of Newport Beach was not able to acquire or provide the anticipated based maps, and instead supplied an aerial map that we used for the design process. We added right -of -way data, utilities from the original base maps and all utilities found in our research. This change in the Scope has caused a significant impact to the anticipated budget. Ch iltee has expended a total of $37,535.00 to complete these services, including the construction services for Bayside Marine. Therefore, we respectfully request a budget amendment to this Agreement in the amount of $12,535.00. Please contact me directly with any questions. Very truly yours, WD13Amd ):V5MMANewpan BeaL0213S Bey shwa CammadgW0WPW Bomb -BIWB o=AMMAM ODD 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC February 25, 2004 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for Bayshores Water Main Replacement (C -3512) Please record the enclosed document and return to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, CIVIC City Clerk Enclosures 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 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk MOO' Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NOTICE OF COMPLETION 0 6103" NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Hillcrest Contracting, Inc., of Corona California, as Contractor, entered into a Contract on May 13, 2003. Said Contract set forth certain improvements, as follows: Bayshores Water Main Replacement (C -3512) Work on said Contract was completed on December 19, 2003, and was found to be acceptable on February 24. 2004, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is First National Insurance Company of America. 96rks Director Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. , i / Executed on rreb, c? a 0o at Newport Beach, California. BY /7Y�1V v iu� �S ?f "cam City Clerk C 35i a (6X__ AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT FOR AS- NEEDED ENGINEERING AND CONSTRUCTION SUPPORT SERVICES THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this /day of May 2003, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY") and Civiltec Engineering, Inc., whose address is 118 W. Lime Avenue, Monrovia, California, 91016, (hereinafter referred to as "Consultant "), is made with reference to the following: RECITALS: A. On, May 14, 2002, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT', for As- Needed Engineering Construction and Support Services for a not -to- exceed fee $25,000. B. CITY desires to enter into this AMENDMENT NO. 1 to increase compensation from $25,000 to $37,535. C. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 1 as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. Section 3, Compensation to Consultant: Consultant shall perform the additional services to prepare the plans and specification for the Project, identified in attached Exhibit A dated April 23, 2003. The fee for the additional services identified in this Amendment is $12,535. 2. Except as expressly modified herein, all other provisions, terms, and covenants' set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. 0 IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 on the date first above written. P . �� • • ' By: PR Robin Assistant City Attorney CITY OF NEWPORT BEACH, A municipal corporation 11M CIVILTEC ENGINEERING, INC. BY: W. David Byrum P.E., President F: \USERS \PBW \SharedWgreements \Fy 01- 02 \Civiltec Amendment 1.doc 0 MAY 0 li vvLgivIGGring im. CIVIL AND ENVIRONN ENTAL ENGINEERING, PLANNING AND CONsTRUCTibKmANAGEMENT April 23, 2003 City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Michael Sinacori, P.E., Utilities Engineer Subject: Budget Amendment to Provide Professional Engineering Services to Design the Bay Shores Community Pipeline Replacement Project per our On Call Services Agreement. Dear Mr. Sinacori: CM kw engineering, inc. and the City of Newport Beach executed an On Call Services Agreement dated May 14, 2002, with an initial authorization amount of $25,000.00. The City expected, as part of the services under this Agreement, Civiltec to perform construction support as required for the Bayside Marine PRV Station Project as well as the design of 8 -inch and 12- inch replacement pipelines in the Bay Shores community. The construction support services have been completed with a total cost of $1,105.00. The Bay Shores Project is complete as of April 8, 2003 and the following design services were performed: 1. Replace the existing 8 -inch and 4 -inch pipe with a new 12 -inch pipe approximately 700 feet along the westerly community boundary from Marino Drive to the US Bulkhead Line. 2. Replace the existing 8 -inch and 6 -inch pipe approximately 1150 feet along Marino Drive and the alleyway between Crestview Drive and Vista Drive from the northerly end of Marino Drive to the valve just westerly of Waverly Drive. The replacement pipe will be 8 -inch in size. 3. Replace the existing 6 -inch pipe in the alleyway parallel to and on the northerly side of Waverly Drive for approximately 500 feet. The replacement pipe will be 8 -inch in size. 4. Replace the existing 6 -inch pipe in the alleyway paralleling. Bayshore Drive from PCH through the easement from the alleyway to Bayshore for approximately 1220 feet. The replacement pipe will be 8 -inch in size. S. Replace the existing 4 -inch pipe approximately 660 feet along the PCH frontage roadway from Bayshore Drive to the valve between lots 56 and 57. The replacement pipe will be 8 -inch in size. The original design phase budget was based upon the City of Newport Beach providing AutoCAD utility and right -of -way base maps of the Bay Shores community. We were to simply add the utilities found in our research and field locate service meters as part of our routine field 118 W. LIME AVENUE MONROVIA, CA 91016 TEL: (626) 357 -0588 FAX: (626) 303 -7957 • • Mr. Nfichael Sinacori, P.E., Utilities Engineer April 23, 2003 Page 2 review. We were also to provide plan only design with details of critical connections and sections of critical crossings as identified in the design process. The established budget was $16,920.00. The City of Newport Beach was not able to acquire or provide the anticipated based maps, and instead supplied an aerial map that we used for the design process. We added right -of -way data, utilities from the original base maps and all utilities found in our research. This change in the Scope has caused a significant impact to the anticipated budget. Chiltec has expended a total of $37,535.00 to complete these services, including the construction services for Bayside Marine. Therefore, we respectfully request a budget amendment to this Agreement in the amount of $12,535.00. Please contact me directly with any questions. Very truly yours, CIVIL TEC engineering, inc. W. David Byrum, P.E. Principal Engineer Vice- President WDB:dmd 71CfimbWewpmt Buch\02135 Bay Shwa Communkffewpwt Beach- Bryehme Am=Anv .dac CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915 until 2:00 p.m. on the 30th day of April 2003, at which time such bids shall be opened and read for BAYSHORES WATER MAIN REPLACEMENT Title of Project Contract No. 3512 $680,000 Engineer's Estimate us: ZSW G. Badum Poblic Works Director o\-\ e0 r�Q�cr. Prospective bidders nAy obtain bid documents at a cost of $15 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project. Class A For further information, call Michael J. Sinacori, Project Manager at (949) 644 -3342 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSHORES WATER MAIN REPLACEMENT CONTRACT NO. 3512 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 3 i r � • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSHORES WATER MAIN REPLACEMENT CONTRACT NO. 3512 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ISSUED BY AGENCY PRIOR TO 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. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available 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. -78353o t9 " Contractor's License No. & Classification Cody Engineering Inc P.O. Box 341 Norwalk CA 90651 Bidder 6Q� l�.tu�, �lt�te�s Authorized Sign re U 03 Date 0 9 COYOFNEWPORT BEACH PUSUC WOF*S:DEPARTMENT' . Bond No. 6077033-151 BAYSHORES WATER MAIN REPLACEMENT CONTACT No. 3512 u&s] - -4 1-" -7 101 Z and a0rrtivistrotO or". to Newport Doach,.a charter cKyj Beach, is accepted . by the City Council of the y Is awarded. to the Principal, and the Principal fall for.m(s) awarded indudirig the re Ulred bon, endorsements for 01a.constructlon df.the project, of the mailing of -Notification, Of AWSM',; otherwise If4he Undersight—d P it is agreed that the des 4 obligations under this Bond. Witness our *hands this 28`h day of Cody Engineering, Inc. Norris ofGontraclov(Prindpa!): First National Insurance Company of America . NWm— R Surety 2677 N. Main St. #100 Santa Ana, CA 92705 Address of.Surety 714437-3011 Telephone our suco"SM-and assigns. executoM. i1eirs: orally hold and firmly bound to the C41y of W Ten: percent total bid amount - in date end as an MdWueji :ft %Oety. from Its acknowlodgrivent of PrIiiol pi ll a Surety Must be attabbed) S A F E C a POWER FIWNATIONAL INSURANCECOMPANYOFAAWJWA BOX FIRST NATIONAL SURETY OF ATTORNEY SSEEATTI E WA 98124 -1526 PO BOX 34526 SEATrLF, WA 98124 -1526 No. 18658 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ......... ........................ RANDY SPOE@I; ELTIABE'fFl LFM; ZAl2A SPOEIN; DONNA CARLSON; Santa Ace, Col doadn•..................................... he We and lawful atomey(s) -in -fact, with full authority to execute on behalf of the company fidelity and surety bands or undertakings and other documents of a similar character Issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as If such Instruments had been duty executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OFAMERICA has executed and attested these presents this 20th day of November CHRISTINE MEAD, SECRETARY MIKE MCfO"AV`tCK, PRESIDENT CERTIFICATE Extract from the Sy -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA . 2002 'Article V, Section 13. - FIDELITY AND SURETY BONDS -. the President any Vice President the Secretary, and arty Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shag each have authority to appoint individuals as attomeys -tn -fact or under other appropriate Was with authority to execute an behalf of the company fidelity and surety bonds and other documents of similar character Issued by the company in the course of its business.:. On any Instrument making or evidencing such appointment the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in arty other manner reproduced; provided, however, that the east shag not be necessary to the vafxnty of any such Instrument or undertaking.' Extract from a Rescuton of the Board or Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. 'On any certificate executed by the Secretary or an assistant secretary of the Company setting out. (I) The provisions of Article V. Section 13 of the By -Laws, and (f) A copy of the power-of attorney appointment executed pursuant thereto, and (ii) Certifying that said power-(- atomey appointment is In full force and effect the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof.' _....I, Christine Mead, Secretary of FIRST NATIONAL INSURANCE COMPANY OP AMERICA,,do_hefaby certify Mat the.foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct and that both the By -Laws, the Resolution and the Power of Attorney are stt In fun force and effect IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 28 tit day of April 2003 SEAL s y,g92e �' � E a �..• �.__ ...... ...........____..__.... _. _.......__......____.__._ ,..__... ..... CHRISTINE MEAD, SECRETARY. __..._..._.... _.._.___...._._ S- 1049VFNEF 7198 ®A registered trademark of SAFECO CorWation 1 VY02tlo2 PDF 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On ! ' 30. O 3 before me, ZARA S. SPOHN, NOTARY PUBLIC personally appeared ROBERT R. KRATZ , X personally known to me -OR- ❑ ttZARA S. SPOHN s COMM.81230889 m N m Notary Public-Califomia y W ORANGE COUNTY My Cow. Exp. July 31, 2003 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his /her /their authorized capacity(ies), and that by Nis /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official seal. Signature of 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 XX INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ATTORNEY -IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT A-11) a-ij, -s" 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On `l -Z$ - d 3 before me,_ _ ZARA S. SPOHN. NOTARY PUBLIC, personally appeared Randy Soohn , ® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ZARA S. SPOHN� acknowledged to me that he/she /they executed the same in his /her /their r COWA X123DS89 m authorized capacity(ies), and that by his/her /their signature(s) on the NoWy Publlc.CaHfomle y instrument the person(s), or the entity upon behalf of which the ORAMM COUNTY -. MYCMEW J*31 2003 person(s) acted, executed the instrument WITNESS my hand and official seal. 'S Signature of Notary Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSHORES WATER MAIN REPLACEMENT CONTRACT NO. 3512 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: Cody Engineering Inc P.O. Box 341 Norwalk CA 90651 Bidder ;JI' 11111i 111i 1111111III .. - 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSHORES WATER MAIN REPLACEMENT CONTRACT NO. 3512 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Cody Engineering Inc P.O. Box 341 Bidders Name Norwalk CA 90651 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 f'�• 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. 0 0 Cody Engineering Inc. General Engineering Contractor Corp. Lic. # 783530 "A" Lie. # 472997 "A" P.O. Box 341 Norwalk, Ca. 90651 562 -868 -2252 Fax 562 -868 -2552 REFERENCE LETTER City Of Laguna Beach Urban Run Off Storm Drain Project $500,000.00 Mr. Mike Branch 1- 949 - 497 -0340 Fax 1- 949 - 497 -0753 City Of Laguna Beach Festival of Arts Storm Drain Project $600,000.00 Mr. Mike Branch 1- 949 - 497 -0340 Fax 1- 949 -497 -0753 City of Pomona Buena Vista Rio Rancho Sewer $450,000.00 Mr. Hong Wong/ Mr. Ted Youst 1- 909 -620 -2261 City of Laguna Beach Temple Terrace Storm Drain $119,000.00 Mr. Mike Branch 1- 949 - 497 -0340 Fax 1- 949 -497 -0753 City of Manhattan Beach 5th and Highland Storm Drain $125,500.00 Mr. Chad Browning 1- 310 - 802 -5356 Ventura Dist. #8 Water Dist Smith Road Water tine Replacement $80.000.00 Simi Valley, Ca. Terry Corson, Project Manager 1- 805 - 583-6804 Fax 805 - 585 -0300 Beach Cities Heath District Youth Fitness Center $40,000.00 510 N. Prospect Ave. Marine Ave @ Redondo Ave. Sam Shafer, Shafer and Assoc. Redondo Beach, Ca. Manhattan Beach, Ca. 626 - 305 -1311 Fax 626 - 305 -1308 State of California, Dept. of Parks and Recreation: $180, 000.00 Topanga State Park waterline replacement Mr. Tom Rudfelt 916 - 323 -3102 Fax 916- 324 -0888 City of Laguna Beach, Cress Street Sewer $75,000.00 Mr. David Khorram P.E. 949 - 275 -5070 Fax 949 -461 -3512 City of San Fernando Waterline Replacement $115,000.00 Ms. Patsy Orosco 1-818- 898 -1222 Fax 1- 818 - 365 -8090 City of Laguna Beach, Cleo/ Barranca Storm Water Mr. Derek Wieske $160,000.00 CDS UNITS 1- 949497 -0792 Fax 949497 -0771 Should you require additional information please call 1 -562 -868 -2252. Respectfully submitted: Codyy Engin er' g Inc. Bab :at-z, No. 2 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. No. 3 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. 51 No. 4 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person T 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. 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 0 0 No. 6 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. 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 Cody Engineering Inc P.O. Box 341 t�. rW6, Norwalk CA 90651 jt �CPij�Jr(q Bidder Authorized SthatbrpffitW f of CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSHORES WATER MAIN REPLACEMENT CONTRACT NO. 3512 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of L A- . ) /Robert 1R kpC42 , being first duly sworn, deposes and says that he or she is Pf- ecidewrr of Co&4 &i <)c.narj, 15 , Ctto , the party making the foregoing bid; that the bid is not made in the intere t of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Cody Engineering Inc P.O. Box 341 Norwalk CA 90651 Bidder horized Sig ature/Title Subscribed and sworn to before me this day of 2003. [SEAL] Notary Public My Commission Expires: 11 • i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSHORES WATER MAIN REPLACEMENT CONTRACT NO. 3512 DESIGNATION OF SURETIES Cody Engineering Inc P.O. Box 341 Bidders name Norwalk CA 90651 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): /663 P, 7 &u rah d4 Stt Z18 30j1 Una,a q Leo l �7iy /syl -y��a "a • 411 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSHORES WATER MAIN REPLACEMENT CONTRACT NO. 3512 CONTRACTOR'S INDUSTRIAL SAFETY RECORD CT6�NY PROPOSAL P.O. Box 341 Bidders Name Norwalk CA 90651 Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for c s 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and III es, OSHA No. 102. 13 r Current Record Record Record Record Year of for for for for Record 2001 2000 1999 1998 Total 2002 No. of contracts ( L g 3 Total dollar Amount of Contracts 91 %S (in ��O 3Z Z Thousands of $ No. of fatalities No. of lost Workday Cases No. of lost workday cases involving permanent transfer to another job or termination of employment The information required for these items is the same as required for c s 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and III es, OSHA No. 102. 13 r Cody Engineering Inc P.O. Box 341 Legal Business Name of Bidder rl.�(l NN��orwa CA 90651 /6O��LL -b Business Address: Business Tel. No.: �,z �Iz�' - Z �� Z PH: 562 868.2252 State Contractor's License No. and Classification: /j �fS�S30 Title �, • oQ„_ The above information was compiled from thdrecords 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 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 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSHORES WATER MAIN REPLACEMENT CONTRACT NO. 3512 ACKNOWLEDGEMENT OF ADDENDA Cody Engineering Inc P.O. Box 341 Norwalk CA 90651 Bidders name The bidder shall signify receipt of all Addenda here, if any: No. a 5- 15 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSHORES WATER MAIN REPLACEMENT CONTRACT NO. 3512 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: /r Name of individual Contractor, ,C�o�m`pany or Corporation: ('oCx�-( q,A16dl2Q0�1'(m4 Business Address: �. Q. NIX, 33 i &uA)a -U�r 665 / Telephone and Fax Number: 5�oa �8(0$' -�;,t5 Z ��a�8(o$ -ass Z California State Contractor's License No. and Class: 763536 /$ (REQUIRED AT TIME OF AWARD) Original Date Issued: 0Y1o160 2 Expiration Date: /6Y 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: 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 19YD6 LoNcw" Avo, Rl a)&lk JUods&B -2.111 L !( a Corporation organized under the laws of the State of YU4 � 16 0 0 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: i All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: 19906 uul 6uu I6u3 (poC N.O. Box 341 Norwalk CA 90651 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; Me Have you ever had a contract terminated by the ownertagency? 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 lab 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 U 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. �o b kro fz Cody Engineering Inc (Print name of Owner or President p.0. Box 341 of Corporation / ompay) Norwalk CA 90651 Bidder I ILIG 4/-'30—n3 Date Subscribed and sworn to before me this day of 2003. [SEAL] 18 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSHORES WATER MAIN REPLACEMENT CONTRACT NO. 3512 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 CODYENG -01 CAVE N CERTIFICAT F LIABILITY INSURA E DA )DYYYACORD 5 /15/2003 PRODUCER (805) 987 -9727 MFC &V Insurance Services P.O. Box 2815 Camarillo, CA 93011 -2815 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Cody Engineering, Inc. MAY Z O 2003 14103 Longworth Ave Norwalk, CA 90650 INSURER A: Westchester Fire Insurance Company A INSURER B: The Hartford GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR INSURERc:Topa Insurance 6/2112002 INSURER D: State Compensation Insurance Fund EACH OCCURRENCE INSURER E: PREMISES Ea occurence 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. INSR 110171. hm TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A X GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR GLS683675 6/2112002 6/21/2003 EACH OCCURRENCE S 1,000,0 PREMISES Ea occurence $ 60,00 MED EXP (Any we person) $ 5,00 PERSONAL &ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,0 GEN'L AGGREGATE LIMIT APPLIES PER POLICY X PRO- JFCT F-1 LOC PRODUCTS - COMPIOP AGG $ 1,000,00 B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 72UECIL1458 6/21/2002 6/21/2003 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,00 X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGO $ $ C EXCESSIUMBRELLA LIABILITY _i] OCCUR FICLAIMSMADE DEDUCTIBLE RETENTION $ XL15477 1/13/2003 612112003 EACH OCCURRENCE S 1,000,00 AGGREGATE $ 1,000,00 S $ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERMEMBER EXCLUDED? We, de crW under CIAL PROVISIONS Irei. 156697702 61112002 6/1/2003 X WCU TATU- OTH- 7 LIMIT R E.L. EACH ACCIDENT $ 1,000.00 E.L. DISEASE -EA EMPLOYEE E 1,000,00 E.L. DISEASE - POLICY LIMIT E 1,000,00 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS See attached page. CERTIFICATE HOLDER CANCELLATION City of Newport Beach, Public Works SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WIL� MAIL 30 DAYS WRITTEN Dept. Attn: Shari Rocks, Public Works Specialist NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,ffi)tX)QU00t)0W@OfALL 3300 Newport Blvd. Newport Beach, CA 92663 - A P WIT ACORD 25 (2001/08) ACORD CORPORATION 1988 CODYENG -01 CAVE 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. 25 DESCRIPTION OF OPERATIONS - Cody Engineering, Inc. 14103 Longworth Ave Norwalk CA 90650 (10) Days Notice for Non- Payment of premium CAVE PAGE 1 OF 1 City of Newport Beach, Public Works Dept. Attn: Shari Rocks, Public Works Specialist 3300 Newport Blvd. Newport Beach CA 92663- eised" This Cart. Supercedes the previous Cart. issued on 5114103. Bayshores Water Main Replacement, Contract Number 3512. City of Newport Beach, its officers, officials, employees and inteers are named as Additional Insured under the General Liability, per the attahced form, and Auto, per endorsement to be ad by the carrier. This policy is primary and noncontributory. A Waiver of Subrogation applies to the General Liability, per the :hod and Work Comp, per endorsement to be issued by the carrier. • POLICY NUMBER: GLS683675 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 Name of Person or Organization: Schedule: City of Newport Beach, Public Works Dept. Attn: Shari Rocks, Public Works Specialist Newport Beach, CA 92663- Bayshores Water Main Replacement, Contract No. 3512 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations 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. City of Newport Beach, its officers, officials, employees and volunteers It is further agreed the insurance provided by this endorsement is primary with respects to the Additional Insured named above. Other insurance afforded to the Additional Insured shall apply in excess of and not contribute with the insurance provided by this endorsement. CG 20 10 11 85 Copyright, Insurance Service Office, Inc., 1984 POLICY NUMBER: GLS683675 n U COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization: City of Newport Beach, Public Works Dept. Attn: Shari Rocks, Public Works Specialist Newport Beach, CA 92663- Schedule: Bayshores Water Main Replacement, Contract No. 3512. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 05/20/2003 13:91 FAX STATE COMDENSAMON INSURANCE FUND MAY 20, 2003 • Q 001 /001 • CERTIFICATE MOLDER COPY P.O. BOX 420807, SAN FRANCISCO, CA 84142 -0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE CITY OF NEWPORT BEACH PO9LIC WORKS DEPARTMENT 3300 NEWPORT BLVD. NEWPORT BEACH CA 92663 GROUP: POLICY NUMBER: 1566977 -2902 CERTIFICATE ID: 32 CERTIFICATE EXPIRES 06- O1 -z003 96 -O3- x002/05 -01 -2003 RE: BAYBROR39 WATER MAIN REPLACEMPRT, CONTRACT $3512. This is to cerbiy thatwe have issued a valid Wodrers Compensation insurance policy, In a form approved bythe Calffomia Insurance CommiSsloner to the employer named below for the policy period indicated, This policy is not subject to cancellation by the Fund mmept upon 10 days advenoe written notiee to the employer. We will also give you 10 days advance notice should this policy be canceled prior to its normal exptratton. This certificate or insurance is not an Insurance pollry and does not amend, wand or attar the coverage afforded by the policies listed herein. Notwithstanding arty requiremem, term or condition of any conTaCt or other document with respect to which thle certificate of Insurance may be issued or may pertain, the insurance afforded by the policies described herein Is subject to all the tarms, exclusions. and condWohs, of such poltdes nvtronlrLO REPRBPxrArn6 A%' � 2MPLOYt3ROS LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCDRRENCE MMORSE43NT #2570 ENTITLED WAIVER OV SUBROGATION EFFECTIVE 05 -2D -2003 IS ATTAC2W TO AND FORMS A PART OF THIS POLICY. THIRD BARTY NAME! CITY OF NEWPORT BEACH PUBLIC WORIGS DEPARTM EhIPL"R CODY ENGINEERING INC- 14103 LONGWORTB AVE NORWALK CA 90650 SCIF 10262E ZB 39tld 9NIH33NIEPl3 AaW IEPFJA; AD h ZGGZ89BZ99 EE :BI EBBZ /BZ /SB MAY -20 -2003 TUE 09:19 AM CAL SURANCE N0, 7149391654 p, p) Fax t. f -3310 NCO rj =v3 ;s r%O,- ddc. CERTIFICATE OF INSURANCE i�D CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach Date Received: -! ,l "O Dept. /Contact Received From: 'n1 �l Date Completed: �S / D 3 Sent to: S�A-✓I By: Ase -y-, 1 1 Company/Person required to have certificate: Cady if n4 } nee r-i r\a 1. GENERAL LIABILITY A. INSURANCE COMPANY: B. AM BEST RATING (A: VII or greater): �{ C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? XYes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? sci m i E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? 9-Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): ,a it included?-7:- M 5 SS i n5q g Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): CJ Is it included? XYes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by 11-No negligence" wording? ❑ Yes I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 9 AUTOMOBILE LIABILITY A. INSURANCE COMPANY: S. AM BEST RATING (A: VII or greater): C. ADMITTED COMPANY (Must be California Admitted): �r Is Company admitted in California? LEI Yes ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM): What is limits provided? I Yr1 i l E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Cl Yes )Oo F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): // Is it included? 0/0 ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION 5i LL; INSURANCE COMPANY: _ __J T l c B. AM BEST RATING (A: VII or greater): _ C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? l I-'WL 'r SStt ccl XYes ❑ No H VE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes • ii CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL BAYSHORES WATER MAIN REPLACEMENT CONTRACT NO. 3512 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. 3512 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 AND UNIT ITEM DESCRIPTION AND UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 1. Lump Sum Mobilization SQ-u2.n Dollars and a Cents X7000 -' $ -7 000. Per Lump Sum 2. Lump Sum Traffic Control Complete (o t jl wd o,d Dollars and Cents Per Lump Sum 3. 1,000 L.F. Removal of existing 4 -inch and 6 -inch Asphalt Concrete Pipe per OSHA requirements Including, Asphalt Removal and Excavation @1J? Ct�.Q Dollars and -8" Cents $ 21 _ $ 1 Z. boy. Per Lineal Foot • • PR2of2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 2,800 L.F. Removal of existing 4 -inch and 6 -inch Cast Iron Pipe Including, Asphalt Removal and Excavation and Cents $ q ° —o $ O�S,.�oa Per Lineal Foot 5. 2,000 L.F. Abandon Existing Pipe in Place, Cut and Plug Abandoned Pipe approximately every 200 feet. Fill abandoned pipe with Slurry [N. D. . and o b Cents $ y- ° $ 8-000. - Per Lineal Foot 6. 10 L.F. Furnish and Install New 4 -inch DR -18 PVC Pipe Including, Asphalt Removal, Excavation, Thrust Blocks, Backfill arld Compaction @ a Do[ s and Cents $ 158 c' $ 1.586 _ Per Lineal Foot 7. 170 L.F. Furnish and Install New 6 -inch DR -14 PVC Pipe, Including Asphalt Removal, Excavation, Thrust Blocks, Backfill and Compaction n L C. k Dollars and -6' Cents $bo $ (D, Per Linear Foot 8. 5,240 L.F. Furnish and Install New 8 -inch DR -14 PVC Pipe, Including Asphalt Removal, Excavation, Thrust Blocks, Backfill, and Compaction Dollars and d Cents $.� $ 2oy,3k0.= Per Lineal Foot 0 10 PR3of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 0 10 11 500 L.F. Furnish and Install New 12 -inch DR -14 PVC Pipe, Including Asphalt Removal, Excavation, Thrust Blocks, Backfill and Compaction @ v Dollars and -C.)6- Cents $ (o2-. $ 3) bbw. Per Lineal Foot Lump Sum Furnish and Install Temporary By -pass Line Including Temporary connection of House Services, Restraining Pipe, Asphalt Removal, Excavation, Backfll, and Compaction t j" Dollars and -8 Cents w1oM = Per Lump Sum 2 Each Furnish and Install 6 -inch Resilient Wedge Gate Valve MJxFE Including Thrust Block, Valve Box and Cover per STD -511 -L $ ► U, 00O., @ vtcV�e� w.Dollars and a o Cents $ `ila c. $ 1 X30, Per Each 12. 1 Each Furnish and Install 6 -inch Resilient Wedge Gate Valve FExFE Including Thrust Block, Valve Box and Cover per STD -511 -L 9)- Doll Is and Cents $ to-is 0 0 $ l5 Per Each 13. 13 Each Furnish and Install 8 -inch Resilient Wedge Gate Valve FExFE Including Thrust Block, Valve Box and Cover per STD -511 -L @ 91-w.c "rnGLA U (Dollars and Cents $ 950,00 Per Each 0 • PR4of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 14. 1 Each Furnish and Install 8 -inch Resilient Wedge Gate Valve MJxMJ Including Thrust Block, Valve Box and Cover per STD -508 -L R, @ � � -—o a� and Q Cents $ Ibis U� Per Each 15. 1 Each Furnish and Install 12 -inch X -Flow" Butterfly Valve FExMJ Including Thrust Block Valve Box and Cover per STD -511 -L @ liars and o Cents $ I Zso' o Per Each 16. Lump Sum Remove and re- connect exist. 8 -inch Resilient Wedge Gate Valve FexMJ Including Thrust Block, Valve Box and Cover per STD -511 -L @"r' �u Dollarso and o0 32 Cents C,-7 Per Lump Sum 17. 1 Each Remove Existing, Provide and Install new Fire Hydrant Assembly per STD -500 -L Including Valve, Lateral, and Sidewalk Restoration. $ 5' 5 $ 2—iT5 @6A WM lLY Dollars and 10 Cents $ L1045,0 6 $ yoy5,= Per Each 18. 69 Each Re- connect 1 -inch House Service (long) per STD -502 -L including Moving Existing Meter Box to Property Line and reconnecting House side of Service (a3,lli1�� i nc1� esl D Imo- i� Dollars and Cents $ 390.00 Per Each • • PR5of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT AND UNIT PRICE WRITTEN IN WORDS PRICE TOTAL PRICE 19. 68 Each Re- connect 1 -inch House Service (short) per STD -502 -L including Moving Existing Meter Box to Property Line and reconnecting HouDse side of Service �'u/LtOl o tars and b ° 4 Cents $ DSO, $ 23 W z Per Each 20. - -^ . . Asphalt Pavement in Alleys. See Trench 6� Q(e ooa 5. F. Detail on Sheet 2. @ 11Ln Dollars and Cents $ 4 _ $ o too,::: Per Square Foot 21._8A9 S F. Asphalt Pavement in Streets and Street tl� I I goo s i Intersections. See Trench Detail on Sheet 2. @WJ2 , Dollars and Cents $oo $ 59,000. = Per Square Foot 22. Lump Sum Pressure Test, Disinfect and Flush New Water Line @ I_ku —Dollars -A" Cents $ 500, y° $ 6— 500, Per Lump Sum 23. Lump Sum Provide and Install Trench Excavation Safety Measures L Q @ 6y ollars and j"V Cents Per Lump Sum • • PR6of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 24. Lump Sum Construction Surveying @ & ��-h ` Dollia� and -4er Cents Per Lump Sum 25. Lump Sum Provide As -built Drawings @ 66q2t.nlyo will and B Cents Per Lump Sum TOTAL PRICE IN WRITTEN and 8 Cents Date a ;L/868 -6-ta6 2, S_7o2iPb8 -,2552 Bidder's Telephone and Fax Numbers 783 53c7 `R Bidder's License No(s). and Classification(s) $ 775; it, 50, " $ $ 5fl., 2- 3 ()• bo Total Price (Figures) Cody Engineering Inc P.O. Box 341 Norwalk CA 90651 Bidder Bidder's Authorized Signature an i e A) 8 &aX 3vI� rUo�u>r�Pk 5oG,5d Bidder's Address a CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSHORES WATER MAIN REPLACEMENT CONTRACT NO. 3512 CONTRACT THIS AGREEMENT, entered into this _ day of , 2003, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and CODY ENGINEERING, INC., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: BAYSHORES WATER MAIN REPLACEMENT The work necessary for the completion of this contract consists of the removing existing 4 -inch AC pipe and 6 -inch cast iron pipe. There will also be installation of 4, 6, 8, and 12 -inch SDR- 35 PVC (class 220) pipe as shown on plans W- 5292 -S, complete including testing, disinfection, flushing, street reconstruction, and traffic control. 3512 Contract No. 3512 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. 3512, 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 specked in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 20 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 five hundred ninety-one thousand, two hundred thirty and OO /100 Dollars ($591,230.00) 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: Michael J. Sinacori (949) 644 -3342 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: CONTRACTOR Cody Engineering, Inc. P.O. Box 341 Norwalk, CA 90650 562 - 868 -2252 562 - 868 -2552 Fax Contractor, by executing this Contract, "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 0 0 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11185) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 22 0 0 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. 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 amount provided that the Work damaged is built in accordance with the plans and specifications. 23 0 0 6. Right to Stoo Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the 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. I. 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 • 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 CLERK APPROVED AS TO FORM: 25 CITY OF NEWPORT BEACH A Municipal Corporation By: CODY ENGINEERING, INC. By: A orized ignature