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
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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
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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
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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
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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
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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"
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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
.. -
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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
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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
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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
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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
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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.
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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.
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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.
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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:
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CITY OF NEWPORT BEACH
A Municipal Corporation
By:
CODY ENGINEERING, INC.
By:
A orized ignature