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HomeMy WebLinkAboutC-3538 - Lido Isle Bridge Repair and Water Main Replacement• • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC April 13, 2005 Denboer Engineering & Construction, Inc. 4575 E. Camino Parocela Palm Springs, CA 92264 Subject: Lido Isle Bridge Repair and Water Main Replacement (C -3538) To Whom It May Concern: On April 13, 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 May 28, 2004. The Surety for the contract is First National Insurance Company of America, and the bond number is 6227403. Enclosed is the Faithful Performance Bond. Sincerely, J LaVonne M. Harkless, MMC City Clerk cc: Public Works Department R. Gunther, 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 EXECUTED IN FOUR COUNTERPARTS BO • ER 6227403 PREMIUM: $8,366.00 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIDO ISLET ]BRIDGE REPAIR AND WATER MAIN REPLACEMENT CONTRACT NO. 3538 BOND NO. 6227403 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 8,366. 00 being at the rate of $ 14.40/8.70 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to DENBOER ENGINEERING & CONSTRUCTION, INC., hereinafter designated as the 'Principar, a contract for construction of LIDO ISLE BRIDGE REPAIR AND WATER MAIN REPLACEMENT, Contract No. 3538 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. 3538 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 Califomia as Surety (hereinafter 'Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of six hundred thirty -four thousand, seventy -four and 001100 Dollars ($634,074.00) 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 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 22nd day of JULY ef:� ;eon, n (rotut ��s� DFi�r DENBOER ENGINEERING &CONSTRUCTION, INC. A razed SignaiurerTtie FIRST NATIONAL INSURANCE COMPANY OF AMERICA�� Name of Surety Authorized Agant Signature 2677 N. MAIN STREET SUITE 600 Address of Surety SANTA ANA, CA 92705 (714) 437 -3052 Telephone SHAWN BLUME, .'ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 STATE OF _ COUNTY OF On CALIFORNIA RIVERSIDE JUL 2 2 2003 , before me, }SS. R. STANDLEY PERSONALLY APPEARED SHAWN BLUME personally known to me �MiSf.Lt��y evidence) to be the person*,Ahose name(&} is /asw.subscribed to the within instrument and acknowl- edged to me that he%ha,Ltlwycexecuted the same in his/ her,ItL air authorized capacity(&; and that by his /4+er' tho9asignature4s�-on the instrument the person(e)ror the entity upon behalf of which the person(4acted, executed the instrument. WITNESS my hand and official seal. Signature �� if OPTIONAL R.STANDLEY COMM. #1253272 NOTARY PUBLIC- UN)pCtUIU RIVERSIDE COUNTY My Comm. Expires Jens f, IOW This area for Official Notarial Seal Though the data below is hot 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 TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF FERSON(S) OR ENTITY(IES) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 1Q-06i x,-.6/43 ALL- PURPOSE ACKNOWLEDGEMENT 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California y SS. County of ✓(-�aLaE On • S AL.)6( T jh/ .ibD3 before me, are personally appeared z?nV GLs9 I 0 PubW) O pally known to me roved to me on the basis of satisfactory evidence to be the personjarwhose nam*f(3taw subscribed to the within instrumenT and acknowledged to me tha e/ executed the same in is/ authorized capacity(iesr an that by is/ signature cn the instrument the rso�or the entity upon behalf of which the personsy/ acted, executed the instrument. WITNESS my hand and-official seal. s�w9a aodre OPTIONAL Though the informadon below is not required bylaw, if may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another docurrtertl. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: • Individual Top of Numb bare • Corporate Officer— Title(s): • Partner — ❑ Limited ❑ General • Attomeyin -Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: 01999 Ne WNotary Aesod n•93590e9nro An.,P.O.Bm 2A02•Cl,atswwN, CA91313- 2AR•wnw.mtlonaNOr,ar,, PmO M. 5W7 Re ,. CN T.11- F. IAW81e892) CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC May 28, 2004 Denboer Engineering & Construction, Inc. 4575 E. Camino Parocela Palm Springs, CA 92264 Subject: Lido Isle Bridge Repair and Water Main Replacement (C -3538) To Whom It May Concern: On April 13, 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 April 23, 2004, Reference No. 2004000346282. The Surety for the contract is First National Insurance Company of America, and the bond number is 6227403. Enclosed is the Labor & Materials Payment Bond. Sincerely, frC LaVonne . I aarkless, CMC City Clerk cc: Public Works Department R. Gunther, P.E. 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 • BOND NUMBER 6227403 EXECUTED IN FOUR COUNTERPARTS PREMIUM INCLUDED IN PERFORMANCE BOND CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIDO ISLE BRIDGE REPAIR AND WATER MAIN REPALCEMENT CONTRACT NO. 3538 BOND NO. 6227403 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to DEN130ER ENGINEERING & CONSTRUCTION, INC., hereinafter designated as the "Principal,° a contract for construction of LIDO ISLE BRIDGE REPAIR AND WATER MAIN REPLACEMENT, Contract No. 3538 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. 3538 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, IRST 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 six hundred thirty-four thousand, seventy -four and 001100 Dollars ($634,074.00) 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 urider 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, finely 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 attomey'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. 0V 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 at 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 exe ted by a above named' Principal and Surety, on the 22nd day of JULY f . 20 . DENBOER ENGINEERING 8 CONSTRUCTION, INC. Au o Signature/Ti e FIRST NATIONAL INSURANCE COMPANY OF AMERICA Name of Surety Authorized Agent Signature 2677 N. MAIN STREET SUITE,600, SANTA ANA, CA SHAWN BLUME, ATTORNEY -IN -FACT Address of Surety 92705 Print Name and Title (714) 437 -3052 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 STATE OF CALIFORNIA COUNTY OF RIVERSIDE On JUL 2 2 2003 before me, R. STANDLEY PERSONALLY APPEARED SHAWN BLUME personally known to me to be the person*,.Nhose name( -+ is /aut- subscribed to the within instrument and acknowl- edged to me that he %shc,[ haji.executed the same in his/ b" authorized capacit},�*, and that by his /++err thaia signatureks}_on the instrument the person(*, or the entity upon behalf of which the persons} acted, executed the instrument. WITLESS my hand and official seal. Signature OPTIONAL R S7ANpLEY w.r .0 OMM. 41283272 . -i IiCTARY PU13UC- CALIFORNIA N NVERb1OE COUNTY MY C"'M Eaptrn Jul» Y, SDM This area for Official Notarial Seal Though the data below is'not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-Ml re, 6/9: ALL- PURPOSE ACKNOWLEDGEMENT 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss. County of 14 OnA 6)4&v / 9 %f>03 before me, di/4 /IJA Name anE title of OIACer la.p..' ena Doe. Notary PuWicy personally appeared bOIJITL/9� JJ�-/ ZZ—%, , Namele) of Signer(.) L� ❑ Dersonally known to me ;Kproved to me on the basis of satisfactory evidence to be the persorq(�whose name, <('I re— subscribed to the within instrumenr and acknowledged to me tharh'W"rexecuted the same in authorized capacity0eSr an that by hi signaturp,(<on the instrument the personor the entity upon behalf of which the pers0>4" acted, executed the instrument. WITNE m nd and officials I. Stratum dN ryNato OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying an the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Mom ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator O Other: Signer Is Representing: 0 1999 Natonal Notary Aasonation • 93W De Soto Ave.. P.O. Box 2,102 • Chalemo , CA 913132402 • w na4 Wnote,ory Prod No. 5907 Reor3er. Call Toll -Free 1- 300.8]6682] RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clef City of Newport Beach 3300 Newport Boulevard Newport,Beach, CA 926fi;;' Recorded in Official Records, County of Orange Tom Daly, Clerk- Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiIIIIiIIIIIINO FEE 200400034628212:06pm 04123104 214 114 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 xempt from recor ing ees pursuant to Government CodeVection 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Denboer Engineering & Construction, Inc., of Covina California, as Contractor, entered into a Contract on November 22, 2003. Said Contract set forth certain improvements, as follows: Lido Isle Bridge Repair and Water Main Replacement (C -3538) Work on said Contract was completed on March 9. 2004, and was found to be acceptable on April 13. 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. Korks Director Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on at Newport Beach, California. BY C lyUkl/ni(� /�J�2�KXfi�, ofNFw City Clerk /� ®� APR 3 2004 0 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 8 April 13, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department R.Gunther, P.E. 949 - 644 -3311 rgunther@city.newport-beach.ca.us SUBJECT: LIDO ISLE BRIDGE REPAIR AND WATER MAIN REPLACEMENT — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3538 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. 5. Approve a Budget Amendment appropriating $24,124.40 from Gas Tax Account No. 7181- C5100302 and $19,390.00 from Sidewalk, Curb, and Gutter Replacement Account No. 7013- C5100020 into the Lido Isle Bridge Repair Account No. 7013- C5100673. DISCUSSION: On July 22, 2003, the City Council authorized the award of Lido Isle Bridge Repair and Water Main Replacement contract to Denboer Engineering & Construction, Inc. The contract provided for the construction of the following items of work on the Lido Isle Bridge and on the utility systems leading onto and across the bridge: 1. Replaced concrete sidewalks on the bridge 2. Provided concrete, epoxy injection, shotcrete, and mortar repairs on the bridge and its wingwalls 3. Removed the top portion of the high southerly bridge railing and replacing it with an aluminum pipe railing to match the northerly railing as closely as possible 4. Replaced the navigation lighting and conduits on the bridge and lighting conduit and controller in Via Lido Park 5. Repainted the bridge 6. Replaced the primary Lido Isle water main in Via Lido between Lafayette Avenue and Via Lido Soud 7. Installed flex joints on the water main at each end of the bridge SUBJECT: Lido Isle Bridge Red Water Main Replacement - Completion And Acute of Contract No. 3538 April 13, 2004 Page 2 This 70 year -old bridge needed to have the deteriorated steel and concrete replaced, the antiquated navigational lighting fixtures and lighting circuitry upgraded, and the leaking water main replaced. During the course of construction it was discovered that the sewer line beneath the bridge had deteriorated and needed to be replaced to avoid the potential of a leak occurring directly into the harbor. A Change Order was subsequently issued for the sewer line replacement 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: $634,074.00 Actual amount of bid items constructed: 696,193.70 Total amount of change orders: 93,942.83 Final contract cost: $790,136.53 The increase in the amount of actual bid items constructed over the original bid amount resulted from the need for additional shotcrete repair, trowel - applied mortar repair, epoxy injected crack repair, and zinc coating on channels. The final overall construction cost including Change Orders was 24.6 percent over the original bid amount. Per the Council Policy, the City Manager approved the additional funding. Eight Change Orders totaling $93,942.83 were issued for this project as follows: Change Order No. Amount Description 1 $0.00 No -cost time extension to obtain Coast Guard permit 2 $38,975.00 Replacement of the sewer line beneath the bridge 3 $12,850.00 Removal and disposal of concrete abutment walls to install water and sewer mains and replace sidewalk 4 $8,912.06 Removal of concrete and slurry from around piping under the bridge and miscellaneous items 5 $12,223.27 Demolition and removal of monolithic concrete curb over structural I -beams 6 $4127.50 Additional traffic control, including flag - persons, for 5 days 7 $16,855.00 Installation of reinforced sidewalk on the bridge approaches and replacement of sidewalk over the water and sewer mains. Environmental Review: The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines. This exemption covers the maintenance and replacement of existing public facilities with negligible expansion of the facilities. A Categorical Exemption was prepared by the Public Works Department and filed with the County Clerk. SUBJECT: Lido Isle Bridge Rep# Water Main Replacement - Completion And Accew of Contract No. 3538 April 13, 2004 Page 3 Funding Availability The Lido Isle Community Association (LICA) contributed funds to improve the bridge railing in order to provide an unobstructed view of the harbor. The Budget Amendment listed below will fund the difference between the original budget amount and the total final project cost. Funds for the project were expended from the following accounts: Account Description Lido Isle Bridge Repair LICA Contribution for Railing Modifications Water Main Replacement Program . Sewer Maintenance Fund April 13, 2004 Budget Amendment Pending Council Approval Account Number 7013- C5100673 7251- C5100673 7501- C5500578 7531- C5600292 7013- C5100673 TOTAL Amount $391,749.99 $30,000.00 $285,897.14 $38,975.00 $43,514.40 $790,136.53 The original contract completion date was November 22, 2003. Due to additional quantities of bridge repair work, the replacement of the sewer beneath the bridge and other change order work, the contract was extended to March 9, 2004. All work was completed by the revised completion date. , Prepared by: 9, R. Gunther, P.E. / 'Ste n G. Badum Construction Engineer P lic Works Director 16ty of NeWpo t BeaC fb NO. BA- 04BA -048 BUDGET AMENDMENT 2003 -04 AMOUNT: $43,514.40 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations AND PX Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance X No effect on Budgetary Fund Balance To transfer expenditure appropriations for the Lido Isle Bride Repair and Water Main Replacement Project, C -3538. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (360 1) Fund/Division Account EXPENDITURE APPROPRIATIONS (3603) Description Description Signed: Signed: Signed: Services Director City Manager City Council Approval: City Clerk Amount Debit Credit $24,124.40 $19,390.00 $43,514.40 Date" e Dde a Date Description Division Number 7181 Gas Tax Account Number C5100302 Street/Bikeway Improvement Division Number 7013 Street Account Number C5100020 Sidewalk, Curb, & Gutter Replacement Division Number 7013 Street Account Number C5100673 Lido Isle Bridge Repair Division Number Account Number Signed: Signed: Signed: Services Director City Manager City Council Approval: City Clerk Amount Debit Credit $24,124.40 $19,390.00 $43,514.40 Date" e Dde a Date BUDGET AMENDMENT 2003 -04 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations ANQ PX Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: AMOUNT: $43,514.40 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance X No effect on Budgetary Fund Balance To transfer expenditure appropriations for the Lido Isle Bride Repair and Water Main Replacement Project, C -3538. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Description Signed Signed: Signed: City Council Approval: City Clerk Amount Debit Credit $24,124.40 $19,390.00 $43,514.40 O Dat Ga jD/ e Date Description Division Number 7181 Gas Tax Account Number C5100302 Street/Bikeway Improvement Division Number 7013 Street Account Number C5100020 Sidewalk, Curb, & Gutter Replacement Division Number 7013 Street Account Number C5100673 Lido Isle Bridge Repair Division Number Account Number Signed Signed: Signed: City Council Approval: City Clerk Amount Debit Credit $24,124.40 $19,390.00 $43,514.40 O Dat Ga jD/ e Date CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC April 14, 2004 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for: 1) Lido Isle Bridge Repair and Water Main Replacement (C -3538) Please record the enclosed document and return to the City Clerk's Office. Thank you. Sincerely, 64 MI ." LaVonne M. Harkless, CIVIC 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 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recordin ees pursuant to Government CodeVectfon 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Denboer Engineering & Construction, Inc., of Covina California, as Contractor, entered into a Contract on November 22, 2003. Said Contract set forth certain improvements, as follows: Lido Isle Bridge Repair and Water Main Replacement (C -3538) Work on said Contract was completed on March 9. 2004, and was found to be acceptable on April 13. 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. Works Director 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 /, a OO X- at Newport Beach, California. BY City Clerk CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915 until 11:00 a.m. on the 8th day of July. 2003, at which time such bids shall be opened and read for: LIDO ISLE BRIDGE REPAIR AND WATER MAIN REPLACEMENT Title of Project Contract No. 3538 $580,000 Engineer's Estimate Approved phen G. Badum c Works Director O'. v� �P\�0 40�� r�aGr' Prospective bidders may obtain one set of bid documents for a cost of $20.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663. Contractor License Classification(s) required for this project. "A" For further; nformation call Lloyd Dalton, Project Manager, at (949) 644 -3328 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIDO ISLE BRIDGE REPAIR AND WATER MAIN REPLACEMENT CONTRACT NO. 3538 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 '0*0 BIDDER'S BOND ............................................................................... ..............................5 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ......................................................... .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA ........................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER .............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 2 10 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIDO ISLE BRIDGE REPAIR AND WATER MAIN REPLACEMENT CONTRACT NO. 3538 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by. the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 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. 7. 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 3 0 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. 694563 A- B- IfAZ —PrcvA Contractor's License No. & Classification DENBOER ENGINEERING & CONSTRUCTION, INC. 4575 E. CAMINO PAROCELA Datd 6- /b �RcE�vE� :.:,z - � 2ao� � � • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIDO ISLE BRIDGE REPAIR AND WATER MAIN REPLACEMENT CONTRACT NO 3538 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF THE AMOUNT OF THE BID Dollars ($ 10% OF BID ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of LIDO ISLE BRIDGE REPAIR AND WATER MAIN REPLACEMENT, Contract No. 3538 In the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to duly enter Into and execute the Contract Documents and provide the required original Insurance documents for the construction of the project within thirty (30) days (not Including Saturday, Sunday, and federal holidays) after the date of the mailing of "Not cation of Award', otherwise this obligation shell become null and void. If the undersigned Principal executing this Bond Is executing this Bond as an individual, it is agreed that the death of any such Principal shall hot exonerate the Surety from its obligations under this Bond. Witness our hands this 3rd day of DEN BOER ENGINEERING ANDCCONSTRUCTION, INC. Name of Contractor (Principal) FIRST NATIONAL INSURANCE COMPANY OF AMERICA Name of Surety 2677 N. MAIN STREET SUITE 600, SANTA ANA, CA Address of Surety (714) 437 -3052 Telephone ROSEMARY STANDLEY, ATTORNEY -IN -FACT Print Name and Title (Notary acknowledgment of Principal S Surety must be attached) A.M. Best's Rating for First Nab' al Insurance Co of America Page 1 of 1 02446 - First National Insurance Co of America Member of Safeco Insurance Companies A.M. Best 0: 02446 NAIC 0: 24724 View a list of group members or the group's rating Best's Ratina u A (Excellent)' }, Financial Size Category XV (E2 billion or more) `Ratings as of 07/17/2003 03:15:51 PM E.S.T. Rating Category (Excellent): Assigned to companies that have, in our opinion, an excellent ability to meet their ongoing obligations to policyholders. Important Notice: Best's Ratings reflect our opinion based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet strength, operating performance and business profile. These ratings are not a warranty of an insurer's current or future ability to meet its contractual obligations. View our entire notice for a complete details. Companies interested in placing a Best's Security Icon on their web site to promote their financial strength may register online. Copyright © 2003 by A.M. Best Company, Inc. ALL RIGHTS RESERVED No part of this information may be distributed in any electronic form or by any means, or stored in a database or retrieval system, without the prior written permission of the A.M. Best Company. Refer to our terms of use for additional details. http:// www3.ambest.comlratingslrating. asp ?AMBNum = 02446 &Refnum=02446 &Site =ra.. 07/17/2003 STATE OF CALIFORNIA• • SS. COUIVI-YOI-_ _RIVERSIDE I On3 /d _,._______ , before me, MICHAEL D. STONG PERSO \TALLY APPEARED ROSEMARY STANDLEY 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 Nvithin instrument and acknv-vl- edged to me that he /she /they executed the same in his/ her /their authorized capacity(ies), and that by his /her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WIT MESS my hand and official seal. Signature OPTIONAL MICHNFL D. STONG y COMM. #1246385 4MyCcMM,EXPi.N NOTARY PUBLI C CALIFORNIA RIVERSIOE COUNTY s DeeemEer25.2003 This area far Official Malarial Sea? 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 ❑ INDiVIDUAt- ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED I� rcnconl -�� ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANiCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF FERSON, S) OR ENTITYp ES7 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 1=061 ``' Et'a ALL - PURPOSE ACKNOWLL-DGEMENT f� • . POWER FIRST NATIONAL INSURANCE COMPANY OF AMERICA OF ATTORNEY PO BOX 34526 SEATTLE, WA 98124.1526 PO BOX 34526 SEATTLE, WA 98124 -1526 No. KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint rrxrwrrrxxwrrrr .rrrxxw...... «*.*** ... *MICHAEL D. STONG; ROSEMARY STANDLEY; SHAWN BLUME; Riverside, California""w 'wr..°"'r' ..................... its true and lawful attorney(s) -in -fact, 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 regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 6th R.A. PIERSON, SECRETARY CERTIFICATE day of August . 2001 MIKE MCGAVICK, PRESIDENT Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as aflomeys -in -fact or under other appropriate fittes 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 any bond or undertaking of the company, the seat, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any 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 (ii) A copy of the power- of- altomey appointment, executed pursuant thereto, and (iii) Certifying that said power -of- attorney 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, R.A. Pierson, Secretary of FIRST NATIONAL INSURANCE 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 Power of Attorney issued pursuant thereto, are We and correct, and that both the By -Laws, the Resolution and the Power of Atlomey are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 3ed dayof J4 . 9oo3 SEAL s 1928 �.�= 3 • . ��Gf _��! `Of wASO ,�'•� R.A. PIERSON, SECRETARY S- 10491FNEF 7198 Br6l01 PDF CALIFORNIA ALL- PURPOSE7ICICNOWLEDGMENT • Stateof CAL.(E®RN IA County of R W59, 51 b E Na 5907 On 1 o3 before me, J AC K W ATwe L L 61 i 01 -Ry Rmlw DATE NAME, TITLE OF OFFICER - E.G.,'JA E DOE, NOTARY C personally appeared O t t (i- 12 E N ^B 6 E R - X proved to me on the basis of satisfactory evidence to be the person(&) whose name(&) is /are subscribed to the within instrument and ac- knowledged to me that he /shots y executed the same in his /bwoft it authorized capacity(iw), and that by his / signature(*) on the instrument the person(), JACK W. A/ or the entity upon behalf of which the CortniNlon / 1+100.1W s Nolary.la,bic - CaNbello person(*) acted, executed the instrument. z ?� Riverside County tvtyComm. Eq�l'e5Ma31.2W7 WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER P_R&g1 DENT ITTLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(PIES) DESCRIPTION OF ATTACHED DOCUMENT $IVDE7WS Bo N1) ci—ry (D-f- Nf WPV T BEACfA TITLE OR TYPLOF DOCUMENT (!00-MhcT 353 Fr NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Bm 7184 • Car*p Paac, CA 913037184 .UJWIA Vv A.At 40 169CMI 4 Ix k 0 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIDO ISLE BRIDGE REPAIR AND WATER MAIN REPLACEMENT CONTRACT NO. 3538 DESIGNATION OF SUBCONTRACTORS) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Name, Address, Telephone # Bid Item Number Description of Work Percent of Total Bid DENBOER ENGINEERING d CONSTRUCTION, INC. 4575 E. CAMINO PAROCELA Bidder PALM SPRINGS, CA 82264 (760) 327.2200 M 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIDO ISLE BRIDGE REPAIR AND WATER MAIN REPLACEMENT CONTRACT NO. 3538 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. DENSOER ENGINEERING & CONSTRUCTION, K. 4575 E. CAMINO PAROCELA 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 Sef Jq-TTO%ctr" Z4 S7`• Project Description VolC tuou 5 Approximate Construction Dates: From ^ O To: Agency Name (lf►oArVS Contact Person VAI04 t7v S Telephone ( ) I/agrJLtbU 5 Original Contract Amount $ Final Contract Amount $ LIAR4 DUS If final amount is different from original, please /_' LI- AASh -C ^"F(, t EY 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 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. M • i No. 4 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. 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. d No. 6 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person 0 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 app rais the Contractors c; nt financial conditions. j DENVER ENGINEERING & CONSTRUCTION, INC. Bidder PALII-SPRINGS, CA 92264 (760 ) 327.2200 10 Larry T. Boyer 40410 Vista Road Hemet, CA 92544 (909) 929 -3907 0 EDUCATION BA Business Administration 1995, la Sierra university EMPLOYMENT gutter, Constructors, Inc 5/98- Present DenBoer Engineering Project superintendent and estimator on pump station, stations and sewer lift stations. and Construction reservoir, site work and concrete projects. 3/95 -5/98 Mitchell Pacific Project Superintendent, estimator, carpenter foreman doors, and applied hardware. Constructors, Inc. on projects involving piping, mechanical, concrete Rough carpentry, framing on a new school, concrete and buildings. 3/91 -3/95 Mitchell Pacific Rough carpentry work, form setting, curb and gutter, Constructors, Inc concrete finishing, mechanical and piping on pump stations and sewer lift stations. 1/91 -2/91 Kiewit Pacific, Inc. Set forms for concrete catch basins in streets, hung doors, and applied hardware. 7/89 -12/90 H. A. Eklin and Rough carpentry, framing on a new school, concrete Associates forming on a seven story cast in place parking structure. 6/88 -6/89 Nelson Concrete Co. Concrete forming and rebar placement on a four story cast in place retirement center. 9/85 -5/88 S & S Builders Residential Construction - all phases including new custom homes, remodels, additions, and concrete. 5/85 -9/85 Franklin Properties Job Superintendent. Painting, remodeling, re- roofing, installation of appliances. EXPERIENCE I have worked in the construction field for 16 years, both as a non -union and union carpenter. I have basic knowledge of computers. I own a Macintosh and have worked with Excel on IBM computers. Also on a part time basis, I have designed and constructed approximately 50 patios and patio covers. DENBOANGINEERING AND CONSTRUAN, INC. JOBS IN PROGRESS PROJECT NO.: 189 SENGA DOHERTY PUMP STATION AMOUNT: $2,705,300 DESCRIPTION: DOMESTIC WATER PUMP STATION, SURGE TANK, GENERATOR OWNER: RANCHO CALIFORNIA WATER DISTRICT 42135 WINCHESTER ROAD TEMECULA, CA 92589 CONTACT: CRAIG MAPES 909 - 296 -6900 ESTIMATED COMPLETION: January-03 PROJECT NO.: 194 MTDB CNG FUELING STATIONS AMOUNT: $1,448,000 DESCRIPTION: INSTALLATION OF 2 COMPRESSED NATURAL GAS FUELING STATIONS OWNER: METROPOLITAN TRANSIT DEVELOPMENT BOARD 1601 NEWTON AVE. SAN DIEGO, CA 92113 CONTACT: BRAD HELGASON (619)235 -2632 ESTIMATED COMPLETION: January-03 PROJECT NO.: 196 PUENTE HILLS IRRIGATION SYSTEM AMOUNT: $257,900 DESCRIPTION: INSTALLATION OF IRRIGATION AND SEEDING OF LANDFILL SLOPES OWNER: LOS ANGELES COUNTY DEPARTMENT OF SANITATION 1927 W. SAN BERNARDINO ROAD WEST COVINA, CA 91790 CONTACT: HERSHEL SILVERSTONE 626 -962 -8605 ESTIMATED COMPLETION: December -02 PROJECT NO.: 198 AMOUNT: DESCRIPTION: OWNER: CONTACT: ESTIMATED COMPLETION: PROJECT NO.: 200 AMOUNT: DESCRIPTION: OWNER: CONTACT: ESTIMATED COMPLETION EL SEGUNDO PUMP STATION # 4 $752,000 CONSTRUCT CONCRETE HOLDING TANK AND REHABILITATE LIFT STATION CITY OF EL SEGUNDO 350 MAIN STREET EL SEGUNDO, CA 90245 MARYAM JONAS 310 - 524 -2300 January-03 BUTTERFIELD ROAD PUMP STATION UPGRADES $190,000 REPLACE PUMPS AND INSTALL NEW PUMPS AT EXISTING STATION RANCHO CALIFORNIA WATER DISTRICT 42135 WINCHESTER ROAD TEMECULA, CA 92589 CRAIG MAPES 909 - 296 -6900 December -02 PROJECT NO.: 201 CALTRANS MAINTENANCE STATION WASHRACKS AMOUNT: $1,178,000 DESCRIPTION: INSTALL WASH RACKS IN 4 MAINTENANCE STATIONS OWNER: CALTRANS CONTACT: ESTIMATED COMPLETION 012 CRUSADER AVE. • CERRITOS, CA 90703 MASSOD AKBARIAN 562 - 860 -3085 April -03 PROJECT NO.: 202 BOSTONIA TANK REPLACEMENT AMOUNT: $1,150,000 DESCRIPTION: DEMO EXISTING CONCRETE TANK AND CONSTRUCT NEW CONCRETE TANK OWNER: HELIX WATER DISTRICT 7811 UNIVERSITY AVE LA MESA, CA 91941 CONTACT: ANELD ANUB 619- 667 -6276 ESTIMATED COMPLETION: August -03 PROJECT NO.: 203 JULIAN WASTEWATER TREATMENT PLANT IMPROVEMENTS AMOUNT: $398,220 DESCRIPTION: CONSTRUCT NEW CONCRETE SEPTIC TANK AND DIGESTER TANK OWNER: COUNTY OF SAN DIEGO 5555 OVERLAND DRIVE SAN DIEGO, CA 92123 CONTACT: MARK FERRET 858 -694 -2360 ESTIMATED COMPLETION: July -03 PROJECT NO.: 204 CAMP LOIS ROUTH WATER IMPROVEMENTS AMOUNT: $302,000 DESCRIPTION: STEEL TANK RESERVOIR, GENERATOR, CHLORINATION OWNER: COUNTY OF LOS ANGELES 900 SOUTH FREMONT AVE ALHAMBRA, CA 91803 CONTACT: BILL GELPHY (626)245 -5215 ESTIMATED COMPLETION: May -03 PROJECT NO.: 205 CHAPMAN WELL NO.7 WELLHEAD FACILITIES AMOUNT: $729,300 DESCRIPTION: INSTALL WELL PUMP, ENCLOSURE, CHLORINATION, PIPING OWNER: CITY OF ARCADIA 11800 GOLDRING ROAD ARCAD IA, CA 91066 CONTACT: LUBOMIR TOMAIR 626 - 256 -6581 ESTIMATED COMPLETION: June -03 PROJECT NO.: 206 Kohl Ranch Sewer Lift Station AMOUNT: $631,000 DESCRIPTION: Install Sewer Lift Station, Dewatering, Shoring OWNER: Coachella Valley Water District/Kohl Ranch Development P.O. Box 1058 Coachella, CA 92236 CONTACT: Jorge Mesa 760 - 398 -2651 ESTIMATED COMPLETION: September -03 PROJECT NO.: 208 AMOUNT: DESCRIPTION: OWNER: CONTACT: ESTIMATED COMPLETION: Jackson Street Area Lift Station $611,588 Install Sewer Lift Station and Force Main Coachella Valley Water District P.O. Box 1058 Coachella, CA 92236 Jeff Townsend 760 -398 -2651 January-04 PROJECT NO.: 209 Anerobic Mixer Installation AMOUNT: $445,000 DESCRIPTION: Install Mixers and Baffles in Tanks at WWTP OWNER: Orange County Sanitation District CONTACT: ESTIMATED COMPLETION: PROJECT NO.: 210 AMOUNT: DESCRIPTION: OWNER: CONTACT: ESTIMATED COMPLETION: John Falkenstein 714 - 593 -7356 December -03 Running Springs Sewer Lift Station $427,000 Sewer Lift Station and Generator Building Running Springs Water District Go Engineering Resources 1820 Commercenter Circle San Bernardino, CA 92408 Ron Worthington 909 -890 -1255 November -03 C4.?LETE�D P fZo S1: S. PROJECT NO: 172 • ALDWYCH TANK "A" REPLACE • COMPLETION: October, 2001 AMOUNT: $877,000 DESCRIPTION: DEMO CONCRETE TANK, INSTALL RETAINING WALL OWNER: HELIX WATER DISTRICT OWNER: 7811 UNIVERSITY AVENUE LA MESA, CA 91941 CONTACT: SCOTT HAMREN, (619)667 -6276 PROJECT NO: 174 CALICO PARK IMPROVEMENTS COMPLETED: August, 2001 AMOUNT: $444,600 DESCRIPTION: WATER PIPELINE AND SERVICES, ELECTRICAL SERVICES OWNER: COUNTY OF SAN BERNARDINO 385 N. ARROWHEAD AVE SAN BERNARDINO, CA 92415 CONTACT: CINDY JONES (909)387 -5275 PROJECT NO: 175 SEWER CONNECTIONS AND ABANDON EXISTING COMPLETED: March, 2001 AMOUNT: $48,500 DESCRIPTION: CONNECT RESIDENTIAL SEWERS TO CITY SEWER OWNER: CITY OF LA QUINTA 78-495 CALLE TAMPICO LA QUINTA, CA 92253 CONTACT: TOM HARTUNG (760)777 -7012 PROJECT NO: 179 MECCA BEACH SEWER LIFT STATION REPAIR COMPLETED: October, 2002 AMOUNT: $59,600 DESCRIPTION: REPAIR PUMPS, BASE PLATE, ELECTRICAL, AND PIPING AT OWNER: CA - DEPARTMENT OF PARKS & RECREATION SALTON SEA STATE RECREATION AREA 100 -225 STATE PARK ROAD CONTACT: NORTH SHORE, CA 92254 CONTACT: ALBERT LANGARCIA (760) 393 -2462 PROJECT NO: 185 FIREFIGHTERS MEMORIAL PICNIC GROUNDS COMPLETED: December, 2001 AMOUNT: $159,705 DESCRIPTION: GRADING, CURB AND GUTTER, ASPHALT OWNER: USDA FOREST SERVICE 1085 RANCHO BERNARDO ROAD SAN DIEGO, CA 92127 CONTACT: SUITE 200 CONTACT: TAMMIE MATHER (858) 674 -2972 PROJECT NO: 186 SOUTHLAND PIPE YARD SITE WORK COMPLETED: October, 2001 AMOUNT: $503,669 DESCRIPTION: SOUTHLAND PIPE YARD SITE WORK OWNER: LINDA DOUGLAS P.O. BOX 97 UPLAND, CA 91783 CONTACT: MICHAEL DOUGLAS (909) 873 -3820 PROJECT NO: 176 ST JOSEPH BOOSTER PUMPING STATION COMPLETED: • January, 2002 • AMOUNT: $1,599,200 DESCRIPTION: DOMESTIC WATER PUMP STATION, WELL DEVELOPMENT OWNER: CITY ARCADIA OWNER: 11800 GOLDRING ROAD ARCADIA, CA 91006 CONTACT: LUBO TOMAIR (626)256 -6572 PROJECT NO: 177 MALIBU BRANCH FEEDER REPAIR COMPLETED: February, 2002 AMOUNT: $398,824 DESCRIPTION: REPLACE PIPE CROSSINGS AT BRIDGES ALONG HWY 1 OWNER: LOS ANGELES COUNTY OF PUBLIC WORKS CONSTRUCTION DIVISION 8TH FLOOR 900 SOUTH FREMONT AVENUE ALHAMBRA, CA 91803 CONTACT: GLEN CASEY (661) 947 -8672 PROJECT NO: 180 OTAY - HIGH HEAD PUMP STATION /ENGINE INSTALLATION COMPLETED: May, 2002 AMOUNT: $690,000 DESCRIPTION: SUPPLY OF NEW GAS ENGINE OT REPLACE EXISTING ENGINES OWNER: OTAY WATER DISTRICT 2554 SWEETWATER SPRINGS BLVD. CONTACT: SPRING VALLEY, CA 91978 -2096 CONTACT: JAMES GUMPEL (619) 670 -2209 PROJECT NO: 178 YUMA - COCOPAH CANAL LIFT STATION AMOUNT: $197,844 DESCRIPTION: INSTALLATION OF A NEW SEWER PUMP STATION OWNER: QUECHAN INDIAN TRIBE 350 PICACHO ROAD WINTERHAVEN, CA 92283 CONTACT: VERNON SMITH (760) 572 -0213 COMPLETED: CANCELLED DUE TO GRAVE SITES PROJECT NO: 182 IRVINE AIR VENT REPLACEMENT AMOUNT: $273,300 DESCRIPTION: REPLACEMENT OF AIR VENTS ON 12 EXISTING RESERVOIRS OWNER: IRVINE RANCH WATER DISTRICT 15600 SAND CANYON AVENUE IRVINE, CA 92618 CONTACT: ANITA ARANT (949) 453 -5300 COMPLETED September, 2002 PROJECT NO: 183 TUSTIN FOOTHILL RESERVOIR REPAIRS AMOUNT: $469,145 DESCRIPTION: FOOTHILL RESERVOIR REPAIRS AND RETAINING WALL OWNER: CITY OF TUSTIN 300 CENTENNIAL WAY TUSTIN, CA 92780 CONTACT: MIKE MARTIN (714) 573 -3000 COMPLETED: September, 2002 PROJECT NO: 184 CHEMEHUEVI LIFT STATION REPLACEMENT AMOUNT: $197,869 DESCRIPTION: INSTALLATION OF A NEW SEWER PUMPING STATION OWNER: • CHEMEHUEVI INDIAN TRIBE • PROJECT NO: 188 HAVASU LAKE, CA 92363 CONTACT: EDWARD SMITH (760) 858 -4219 COMPLETED: March, 2002 PROJECT NO: 187 SEWER CONNECTIONS AND ABANDON EXISTING AMOUNT: $53,890 DESCRIPTION: CONNECT RESIDENTIAL SEWERS TO CITY SEWER OWNER: CITY OF LA QUINTA COMPLETED: 78495 CALLE TAMPICO LA QUINTA, CA 92253 CONTACT: TOM HARTUNG (760) 777 -7012 COMPLETED: March, 2002 PROJECT NO: 188 QUEENSWAY SEWER PUMP STATION REHABILITATION AMOUNT: $146,800 DESCRIPTION: REHABILITATE EXISTING SEWER PUMP STATION OWNER: CITY OF LONG BEACH, WATER DEPARTMENT 1800 EAST WARDLOW LONG BEACH, CA 90807 CONTACT: ISAAC PAI (562) 570 -2300 COMPLETED: September, 2002 PROJECT NO: 190 ALISO CREEK ROADSIDE REST AREA AMOUNT:. $285,950 DESCRIPTION: REHABILITATE CONCRETE AND RESTROOMS OWNER: CALTRANS 1120 "N" STREET SACRAMENTO, CA 95814 CONTACT: TOR AMBLE (858) 4674079 COMPLETED: August, 2002 PROJECT NO: 191 • EL SEGUNDO PUMP STATION NO. 510 AMOUNT: $296,000 DESCRIPTION: REHABILITATE EXISTING SEWER PUMP STATION OWNER: CITY OF EL SEGUNDO OWNER: 350 MAIN STREET EL SEGUNDO, CA 90245 CONTACT: MARYAM JONAS 310 - 524 -2300 COMPLETED: September, 2002 PROJECT NO: 192 REPLACE WATER VALVES AMOUNT: $26,575 DESCRIPTION: REPLACE WATER VALVES AT SALTON SEA FACILITIES OWNER: DEPARTMENT OF PARKS AND RECREATION 100 -225 STATE PARK ROAD NORTH SHORE, CA 92254 CONTACT: ANDY JABORSKI 760 - 393 -2462 COMPLETED: April, 2002 PROJECT NO.: 195 JUNE LAKE WATER SYSTEM IMPROVEMENTS AMOUNT: $642,316 DESCRIPTION: INSTALLATION OF A BOLTED STEEL TANK, PIPELINE AND PUMP STj OWNER: CITY OF JUNE LAKE 2380 HIGHWAY 158 JUNE LAKE, CA 93529 CONTACT: MINDY POHLMAN (760)648 -7778 COMPLETED: November -02 PROJECT NO.: 197 SALTON SEA SEWER IMPROVEMENTS AMOUNT: $49,000 DESCRIPTION: INSTALL SEWER PUMP STATION AND SEWER LINES OWNER: STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION 100 -225 STATE PARK ROAD NORTH SHORE, CA 92254 CONTACT: ANDYJABORSKY COMPLETED: October -02 PROJECT NO.: 199 CONSTRUCTION OF WELL # 12 HEADWORKS AND SITE WORK AMOUNT: $588,920 DESCRIPTION: INSTALL WELL PUMP, PIPING, DRAIN LINE, GENERATOR AND SITE V OWNER: CITY OF BANNING 99 E RAMSEY ST BANNING, CA 92220 CONTACT: ANN MARIE LACONTE 909 - 922 -3130 COMPLETED: May -03 PROJECT NO.: 207 St Joseph Pipeline Relocation AMOUNT: $16,000 DESCRIPTION: Relocate Wash Down Piping OWNER: City of Arcadia 11800 Gold Ring Road Arcadia, CA 91066 CONTACT: Lubomir Tomair 626 - 256 -6581 COMPLETED: December -03 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIDO ISLE BRIDGE REPAIR AND WATER MAIN REPLACEMENT CONTRACT NO. 3538 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of f.- QDV l� p ,4o rEae- bel fir iul �Swom, deposes and says that he or she is of ��- %�+>rzt�,�:,,�,�, the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of to of Calif s that th�fpregoing is true and correct. / ` � 1 OENBOER ENGINEERING d CONSTRUCTION, INC. Bidder Au zed u PALM SPRINGS, CA 92264 (760) 327.2200 S-7RTE 0.p ct+,L ('FaRig Cj, wNTyo -' 9 1VER8rDC- Subscribed and swom to before me this {ST day of �L,-Ly 2003. $y DoaQ DEN sa�R [SEAL] Notary j , ublic JA x W. arwltu. My Commission Expires: 3 ^ 3 I' % Not COMMhOW I 1 Riverside County ounty WC W31.2p07 11 0 0 e 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIDO ISLE BRIDGE REPAIR AND WATER MAIN REPLACEMENT CONTRACT NO. 3538 DESIGNATION OF SURETIES DENBOEA ENGINEERING d CONSTRUCTION, INC. 4616 E. CAMINO PAROCELA Bidders name PALM SPRINGS, CA 92284 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): BONmS — Sz�NG- S�J�.ET`r f N S Ji2a4W c� , 4 95� A�LLdwG -�a�I ��L. 0 j- i*6(LIT1e - &At9"T'1= NIAy%,ee- 54571R4iNk, 11. TV.A -)Vn1PCN , 142.VtNrc CO:L S(57y1e� �E� 559-6 ?oa' c 0AW -00W's c�w�PFNSM ?4riJ — SrifirE �N�Tp� ox 5 ozs 6 -0 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MASTER FORMAL CONTRACT CONTRACT NO. 3538 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name DENBOER ENGINEERING & CONSTRUCTION, INC. 4575 E CAMINO PAROCELA PALM SPRINGS, CA 32264 Record Last Five (5) Full Years (760) 327.2206 Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary— Occupational Injuries and Illnesses, OSHA No. 102. 13 Current Record Record Record Record Record Year of for for for for for Record 2002 2001 2000 1999 1998 Total 2003 No. of contracts 10 18 g'.0 19 1 &5- 13 98 Total dollar Amount of Contracts (in Thousands of $ ) '4.3ilm No. of fatalities © Q b v No. of lost Workday Cases l p O Z No. of lost workday cases involving permanent transfer to another job or termination of I p I 0 p employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary— Occupational Injuries and Illnesses, OSHA No. 102. 13 0 0 Legal Business Name of Bidder OENBOER ENGINEERING & CONSTRUCTION, INC. 4575 E. MINO P*ROCEtA Business Address: ppgA SPRINGS, GA 92264 Business Tel. No.: iMl 197.9200 State Contractor's License No. and Classification: 6SkS63 A ` n"z - -AC_A Title The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the Signat I Signature OT 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 partnershipfJoint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIDO ISLE BRIDGE REPAIR AND WATER MAIN REPLACEMENT CONTRACT NO. 3538 ACKNOWLEDGEMENT OF ADDENDA DENBOER ENGINEERING & CONSTRUCTION, INC. 4575 E. CAMINO PAROCELA Bidders name PALM SPRINGS, CA 92284 The bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Signature 15 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIDO ISLE BRIDGE REPAIR AND WATER MAIN REPLACEMENT CONTRACT NO. 3538 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: N, INC. 4575 E. CAMINO PAROCELA Business Address: PALM sPRINGS CA ou ^'`T''• )750) 327.2200 Telephone and Fax Number: PAIL wa5a7?32u California State Contractor's License No. and Class: C P 4 563 A y 03, ttAZ (REQUIRED AT TIME OF AWARD) Original Date Issued: .1 J44 Expiration Date: 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: VA- 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 Corporation organized under the laws of the State of CB4L(F0 %2-&Yt A 16 0 0 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: N O All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: O> NGe>F -6Z I'cN CsQN EEI$�tN(r s4dy� Cdri�ST���7dYV For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labo compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.) ?Yes /NW Are any claims or actions unresolved or outstanding? Yes No 17 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. DENBOER ENGINEERING 8 CONSTRUCTION, INC. 4575 E. CAMINO PAROCELA PALM SPRINGS, CA 92264 960) 327 -2200 Bidder —2/f /03 � frTE o-F CACiF�¢2f�i COU-ti o-F RIVER.SIPE_ Subscribed and swom to before me this IsT day of , Lk_L 2003. Tr Pou CT Df�N g DER [SEAL] 4iv=side AMILL 1141cawoero County , Comm.E> est3l.2007 •�� fir! i I/ 18 0 0 9 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIDO ISLE BRIDGE REPAIR AND WATER MAIN REPLACEMENT CONTRACT NO. 3538 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 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIDO ISLE BRIDGE REPAIR AND WATER MAIN REPLACEMENT CONTRACT NO. 3538 CONTRACT THIS AGREEMENT, entered into this _ day of , 2003, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and DENBOER ENGINEERING & CONSTRUCTION, INC., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: LIDO ISLE BRIDGE REPAIR AND WATER MAIN REPLACEMENT This project consists of repairing the concrete on the Lido Island Bridge and replacing the watermain that that passes through it. 3538 Contract No. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3538, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 37 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 six hundred thirty -four thousand, seventy-four and 001100 Dollars ($634,074.00) 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: Lloyd Dalton (949) 6443328 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: CONTRACTOR Denboer Engineering & Construction 4575 E. Camino Parocela Palm Springs, CA 92264 760 - 327 -200 760 - 327 -3211 Fax Contractor, by executing this Contract, "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 E 0 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage °occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 22 • 0 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self - insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 23 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractors 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. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 0 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. APPROVUI AS TO FORM: CIT ITTORNEY 25 POWER FIRST NATIONAL INSURANCE COMPANY OF AMERICA OF ATTORNEY 333 BROOKLYN AVE NE EATTLE, WASHINGTON 98105 4333 Brooklyn Avenue N.E. Seattle, WA 98105 No. 9882 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint uru» rr• urnrrrrrruurrrrrrrrrrrrrrrrrrrrrrrrrarrrrrrrrSHAWN BLUME; Riverside, Calif amiarrrrrrrrnnrrrurrrrrrrnrrrrrnrrrrrrrrrrrrurrryrrrq rrrrrr its true and lawful attorney(s) -in -fact, 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 duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 8th day of June 1999 k� 44a '"""` R.A. PIERSON, SECRETARY W. RANDALL STODDARD. PRESIDENT CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titres 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 facsimiie. 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 any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any 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 (ii) A copy of the powerof- attomey appointment, executed pursuant thereto, and (iii) Certifying that said power -of- attomey appointment is in full force and effect, e the signature of the certifying officer may be by facsimile, and the seat of the Company may be a facsimile thereof." I, R.A. Pierson, Secretary of FIRST NATIONAL INSURANCE 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 Pacer of Attorney issued pursuant thereto, are We and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this O(y/LO% day of o�3 SEAL ;1928 Z. °�,^.}� °i was +�+ pa • R.A. PIERSON, SECRETARY S- 1049 /FNEF 7198 818198 PDF A.M. Best's Rating for First N * Insurance Co of America • Page 1 of 1 02446 - First National Insurance Co of America Member of Safeco Insurance Companies A.M. Best #: 02446 NAIC #: 24724 View a list of group members or the group's rating :Best'sRatino A (Excellent)' Financial Size Cateao& XV ($2 billion or more) 'Ratings as of 08/07/2003 09:49:49 AM E.S.T. Rating Category (Excellent): Assigned to companies that have, in our opinion, an excellent ability to meet their ongoing obligations to policyholders. Important Notice: Best's Ratings reflect our opinion based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet strength, operating performance and business profile. These ratings are not a warranty of an insurer's current or future ability to meet its contractual obligations. View our entire notice for a complete details. Companies interested in placing a Best's Security Icon on their web site to promote their financial strength may register online. Copyright © 2003 by A.M. Best Company. Inc. ALL RIGHTS RESERVED No part of this information may be distributed in any electronic form or by any means, or stored in a database or retrieval system, without the prior written permission of the A.M. Best Company. Refer to our terms of use for additional details. h4:// www3.ambest.com/ratings/rating. asp ?AMBNum -02446 &Refnum=02446 &Site= .. 08/07/2003 Aug-20-03 11:38A P -O2 JA=W, CERTIFICAT &F LIABILITY INSURAME DATE PMWDDnTYY) 08/20/2003 PRODUCER 949 -SS9 -6700 FAX 949 -559 -5703 Garrett/Nosier Insurance Services, Inc. 12 Truman Irvine, CA 92620 Laura Olson 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 O GE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIL # INSURED DenBoer Engineering & Construction Inc. 4575 E. Camino Parocela Palm Springs, CA 92264 INSURFRA: StarNet Insurance Company (Summit) FOLICYEPFECTIVE INSURERS: Royal Insurance Company of Ameri a(Sterling INSURER C: INSURER D: ZS14CCZCPP032304 NSURERE 11/09/2003 THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDIN ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYPE OF INSURANCE POLICY NUMBER FOLICYEPFECTIVE PODCYEXPIRATWN LIMITS a GENERAL LIABIUTY ZS14CCZCPP032304 11/09/2002 11/09/2003 EACH OCCURRENCE. i 1,000,00 X COMMERCIAL GENF.N�A^I. SZSOQ PO DEDUCTIBLE DAMAGE io AEN= 1 300 -L�IABILITY CLAIMS MADE OCCUR L.:.J MED EXP (AaY Pn: Poem1 s 10,00C A X BFPD;ContrLiab PERSONAL SADVW.IURY i 1.000.00CH X IdependentContract GENERAL AGGREGATE s 2,000 000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS• COMPIOP AOG 1 2 L000, 000 POLICY X JEGI' X LOC AUTOMOBILE LIABILITY ANY AUTO ZSMCC25AU029704 11/09/2002 11/09/2003 COMBINED SINGLE LIMIT (EA APA' e Q S 1,000.0.0.0 X BODILY INJURY (Pe penes) S A ALL OWNED AUTOS SCHEDULFD AUTOS KREDAUTO$ NON -OWNED AUTOS X BODILY INJURY (PW RI:CIded) f X PROPERTY DAMAGE (Pa aetidefR) i GARAGE LIABILITY AUTO ONLY- EA ACCIDENT S OTHER THAN EA ACC AUTO ONLY: ASS S ANY AUTO S EXCESSIDMBRELLALIABIUTY PZHA207800 11/09/2002 11/09/2003 EACHOCCURRENCe s 4,000 00 X OCCUR OCLAIMSMADE OVER GL, AUTO, EL AGGREGATE s 4,000,00 B s i DELIUCTI13LE X RETENTION 5 10,00 S WORKERS COMPENSATION AND WCSTATU- OTH- ��' EMPLOYERS' LIABILITY ANY PROPRIETORlPARTNERIEXECUTIVE OFFICEILMEMSER EXCLUDED' N yo,, A undo SPECIAL pL PH PNOVISIONS udPV E.L. EACH ACCIOENT S E.L. DISEASE -EA EMPLOYEE i I E.L. DISEASE -POLICY LIMB S OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Db: Lido Isle Bridge Repair and Water Main Replacement; Contract No. 3538 Cart holder is included as additional insured under general liability with respect all work performed by or on behalf of named insured per attached CG2010 11/85 including primary wording, but only if Squired under written contract subject to all policy terms and conditions. REVISED - replaces cart dated 07/25/03. •10 days notice of cancellation for non - payment of premium CFRTIFIOATF mot nFR rANCpI I aTlnu ACORD 25 (2001!08) J LpACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Newport Beach EXPIRATION DATE THEREOF, THE ISSUING INSURERWILL0(1000M MAIL Public Works Dept. 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMPO TO THE LEFT, Attn! Shari Rooks C1 tiEl0f9DtlQEXXEd( dbWYOIi01MA11EXJ61 (OOOIif1000W0NfIUli(XX 3300 Newport Blvd. i0( XiOElid(YIit9 Xu000D6X101d iIR" D6X91XXXXXxxxx Newport Beach, CA 92658 a C40 ACORD 25 (2001!08) J LpACORD CORPORATION 1988 -03 11:38A • • P.03 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 tho coverage afforded by the policies listed thereon, ACORD 25 (2007!08) Aug -20 -03 11:38A • • P.04 POLICY NUMBER: 2SMCC2CPP032304 DenBoer Engineering & Constr COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART, SCHEDULE Name of Person or Organization: City of Newport Beach, its officers, officials, cmpinyecs and volunteers Blanket as required by written contract (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 il) 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. It is agreed that such insurance as is afforded by this policy for the benefit of the additional insured shown shall be primary insurance, and any other insurance maintained by the additional insured(s) shall be excess and non - contributory, but only as respects any claim, loss or liability arising out of the operations if claim, loss or liability is determined to be the negligence or responsibility of the named insured. Job: lido isle Bridge Repair and Water Main Replacement; Contract No, 3538 REVISED — replaces endorsement issued on 07/25/03 CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 ACORDM CERTIFICAT OF LIABILITY INSURA E DATE f /iz 0 PRODUCER 949- 559 -6700 FAX 9 -SS9 -6703 Garrett /Mosier Insurance Services, Inc. 12 Truman Irvine, CA 92620 Laua Olson 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 9 INSURED DenBoer Engineering & Construction Inc. 4575 E. Camino Parocela Palm Springs, CA 92264 INSURER A: Travelers Indemnity Co. of IL POLICYEFFECTIVE DATE IMMIDDM) INSURER B: LIMITS INSURERC: INSURER D: INSURER E: rnVFnecec THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN 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 kDDIL TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE DATE IMMIDDM) POLICY EXPIRATION DATE 1A9VDDy`M LIMITS GENERAL LIABILITY EACH OCCURRENCE E COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED E CLAIMS MADE O OCCUR MED EXP (Any one Person) $ PERSONAL & ADV INJURY E GENERAL AGGREGATE E GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OPAGG S POLICY PRO- LOC JECT AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) E BODILY INJURY (Per person) E ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) S HIRED AUTOS NON -OWNED AUTOS PROPERTYDAMAGE (Per accident) E GARAGE LIABILITY AUTO ONLY - EA ACCIDENT E OTHER THAN EA ACC E ANY AUTO $ AUTO ONLY: AGG FXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ❑ CLAIMS MADE AGGREGATE E E S DEDUCTIBLE $ RETENTION E WORKERS COMPENSATION AND I WCSTATU- OTH- / ER EMPLOYERS' LIABILITY ANY PROPMETORIPARTNER/EXECUTIVE E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE E OFFICERIMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT E A ui�lder's Risk -All isk er' Risk & FL OT6607S6G4041TIL02 INCLUDES INSTALLATION 11/09/2002 11/09/2003 $1,500,000 Any one jobsite $2500 Ded, 90% Coinsurance FLOATERI I I Replacement Cost Valuation DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS lob: Lido Isle Bridge Repair and Water Main Replacement; Contract No. 3538 ertificate holder is to be included as an additional named insured with respect to the above referenced project. 10 days notice of cancellation for non - payment of premium C 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL *)MX%VJM MAIL City of Newport Beach 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Public Works Dept Attn: Shari Rooks YAXx K* d@0Lx WOfXXX 3300 Newport Blvd. XltbNfY)6K XXXXXX Newport Beach, CA 926S8 A E Ti ACORD 25 (2001108) OACORD CORPORATION 1980 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2007108) • PAHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142 -0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 07 -22 -2003 GROUP: 000044 POLICY NUMBER: 19224 -2002 CERTIFICATE ID: 104 CERTIFICATE EXPIRES: 10 -01 -2003 10 -01- 2002/10 -01 -2003 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 NEWPORT BLVD NEWPORT BEACH CA 92658 -8915 This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may 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. AUTHORIZED REPRESENTATIVE ll -1 - �- PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 07 -22 -2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF NEWPORT BEACH ENDORSEMENT #1600 - DOUGLAS GEORGE DENBOER P,S,T - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 09 -01 -1998 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 07 -22 -2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH EMPLOYER DENBOER ENGINEERING AND CONSTRUCTION INC 4575 E CAMINO PAROCELA PALM SPRINGS CA 92264 SCIF 10262E A¢ePI IM1is GartRCate only if y see a lai,a wrtee tNitre OFFICIAL STATE FeNO DOCUMEM' MRIS( PRINTED: 07-22 -2003 PAGE 1 OF 1 A WAIVER OF SUBROGATION • REP 04 044-02 E RENEWA 019224 STAT RENEWAL COMPENSATION RECEIVED AUG - 4 2W SK INSURANCE 0- 85 -05 -49 FUND ENDORSEMENT AGREEMENT H CE PAGE 1 SAN FRANCISCO EFFECTIVE JULY 22, 2003 AT 12.01 A.M. ALL EFFECTIVE DATES ARE AND EXPIRING OCTOBER 1, 2003 AT 12.01 A.M. AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME DENBOER ENGINEERING & CONSTRUCTION 4575 E CAMINO PAROCELA PALM SPRINGS, CA 92264 ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THE STATE COMPENSATION INSURANCE FUND WAIVES ANY RIGHT OF SUBROGATION AGAINST, CITY OF NEWPORT BEACH WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS POLICY IN CONNECTION WITH WORK PERFORMED BY, DENBOER ENGINEERING & CONSTRUCTION IT IS FURTHER AGREED THAT THE INSURED SHALL MAINTAIN PAYROLL RECORDS ACCURATELY SEGREGATING THE REMUNERATION OF EMPLOYEES WHILE ENGAGED IN WORK FOR THE ABOVE EMPLOYER. IT IS FURTHER ACREED THAT PREMIUM ON THE EARNINGS OF SUCH EMPLOYEES SHALL BE INCREASED BY 03%. NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: AUTHORIZED REPRESENTATIVE JULY 24, 2003 /LY�Cfirl n e PRESIDENT 2570 SCIF FORM 10217 (REV. }031 _ _. _,OLP.DP'217 a STATE COMPENSATION INSURANCE FUND HOME OFFICE SAN FRANCISCO ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME DDITIONAL INSURED EMPLOY REP 04 044 -02 019224 RENEWAL SK 0- 85 -05 -49 ENDORSEMENT AGREEMENT PAGE 1 EFFECTIVE JULY 22, 2003 AT 12.01 A.M. DENBOER ENGINEERING & CONSTRUCTION 4575 E CAMINO PAROCELA PALM SPRINGS, CA 92264 ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT CITY OF NEWPORT BEACH IS HEREBY NAMED AS AN ADDITIONAL INSURED EMPLOYER ON THIS POLICY BUT ONLY AS RESPECTS EMPLOYEES WHOSE NAMES APPEAR ON THE PAYROLL RECORDS OF DENBOER ENGINEERING & CONSTRUCTION (HEREIN CALLED THE PRIMARY INSURED) WHILE THOSE EMPLOYEES ARE ENGAGED IN WORK UNDER THE SIMULTANEOUS DIRECTION AND CONTROL OF THE PRIMARY INSURED AND THE ADDITIONAL INSURED EMPLOYER. IT IS FURTHER AGREED THAT THE PAYMENT OF THE FULL PREMIUM DUE AND PAYABLE UNDER THIS POLICY SHALL REMAIN THE SOLE RESPONSIBILITY OF THE PRIMARY INSURED. NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: JULY 24, 2003 C �_ v� AUTHORIZED REPRESENTATIVE PRESIDENT 0015 SCIF FORM 10217 IREV.3 -031 :OLO.'OF 217 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIDO ISLE BRIDGE REPAIR AND WATER MAIN REPLACEMENT CONTRACT NO. 3538 PROPOSAL To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: PR 1 OF 6 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. 3538 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization /Demobilization /Scaffolding Dollars and i Jo- Cents $ Per Lump Sum 2. Lump Sum Traffic Control @ w�!%; " CPJollars and 9� Cents $ Per Lump Sum 3. 84 C.F. Shotcrete Repair C@ Dollars and Cents $ L4 4�° $ Per Cubic Foot PR2OF6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 58 C.F. Trowel - Applied Mortar Repair @k"` °'�G` "dollars and �— Cents Per Cubic Foot a 91 VA E:1 1500 S.F. Lump Sum 47 L.F 96 L.F 9. 36 S.F. C.I.P. Concrete Repair - Sidewalk @ C ��T4 Dollars and � , �- Cents $ Sa • $ Per Square Foot C.I.P. Concrete Repair- Knee Braces and Handrail modifications Dollars �vri- 61uozc4ar-> and Cents Per Lump Sum Epoxy Injection Crack Repair c�»E11...weo 3nn!Dfollars and Cents $ l C11a! Per Lineal Foot Crack Sealing Repair Dollars and Cents Per Lineal Foot Zinc Coating on Channels @ T; "'e`* ��<' Dollars and Cents $ 9�r $ Per Square Foot 13. Lump Sum Off - Bridge Light Electrical Work @ Vao""' oliars and Cents Per Lump Sum 14. Lump Sum Bridge Painting and Repainting, incl. Surface Prep and Incidental Repair Q�' %%Yw�`ollars �— Cents Za Per Lump Sum 15. Lump Sum Drainage Holes in Abutment Walls Dollars and i Cents $ Per Lump Sum • PR3OF6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. Lump Sum Aluminum Handrails and -�— Cents $ Per Lump Sum 11. 6 Each Navigational Light Fixtures 'V '°y`°'"r° �"4..'*Dollars and / �— Cents $ 1� � Per Each 12. Lump Sum Navigational Light Electrical Work (�3 �- '�"fPQ� °Dollars and _sue— Cents Per Lump Sum 13. Lump Sum Off - Bridge Light Electrical Work @ Vao""' oliars and Cents Per Lump Sum 14. Lump Sum Bridge Painting and Repainting, incl. Surface Prep and Incidental Repair Q�' %%Yw�`ollars �— Cents Za Per Lump Sum 15. Lump Sum Drainage Holes in Abutment Walls Dollars and i Cents $ Per Lump Sum O 0 • PR4OF6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 725 L.F. Removal of existing 12 -inch Cast Iron Water Main, Furnish and Install New 12 -inch C -900 (SDR -14) PVC Water Main Including Surface Removal & Replacement, Trench Excavation, Backfill and Compaction. C�?t- 1�•�,�ac?.T Dollars and '_Q�s Cents $ $� Per Lineal Foot 17. 2 Each Construct 12 -inch C -900 PVC (SDR 14) Water Main Connection Including all trenching, Surface Removal and Replacement, Excavation, Fittings, Couplings, Thrust Blocks, Tee Connections, Backfill and Compaction. n-11:�Dollars and Cents Per Each 18. 244 L.F. Remove Existing 12 -inch Cast Iron Water Main and Install City Provided 12 -inch MLCCSP within bridge structure, including pipe supports. C� Imo- h, o.a`rz Dollars and r rzrl Cents $ t Per Lineal Foot 19. 2 Each Install City - provided Ductile Iron Star Flex Series 5000 Flexible Expansion Joint at Bridge Abutments. Cdl�- °rrovs�•P Dollars S%dC + l a. ►?+chi and lvw Cents $ Z Coca $ 5 200 Per Each T T r 0 PR5OF6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 20. 5 Each Furnish and Install 12 -inch Butterfly Valve MJxFE Including Valve Box. @ �o.. + t.s►r) Dollars and —�—' Cents Per Each 21. 1 Each Furnish and Install 8 -inch Resilient Wedge Gate Valve FExMJ Including Valve Box. @Tc . aavc�.0 Dollars and _42y__� Cents Per Each $ LA oc o/I- $ -L T $ /$? 22. 2 Each Furnish and Install 2 -inch Air/Vacuum Release Valve per detail on Sheet 4. @ESL-Tt4a, ODollars ��.s�• 4.,o—D and _Jca�— Cents Per Each 23, 2 Each Remove Existing Water Service and Install 2 -inch Water Service including Meter Box and Cover. ��'o��to•+stvr+► Dollars and Cents Per Each 24. 1 Each Remove Existing Water Service and Install 1 -inch Water Service Including Meter Box and Cover. @ ,►ia,D Dollars and —rr — Cents Per Each $?5��$ S_ 2 4 0 PR6OF6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 25. Lump Sum Pressure Test, Disinfect and Flush New Water Line @ Dollars and _Azmr_� Cents Per Lump Sum 26. Lump Sum Provide and Install Trench Excavation Safety Measures (a�earQ�lo.►JAw�i Dollars �m b and -� Cents $ ��� Per Lump Sum Total Price (Written Words) to and 2 -4- Cents 3 Date Bidder's Telephone and Fax Numbers PfkwE 7 60 -3 an -�.a C) FA-t, ? 60 a_77) ( Bidder's License No(s). 6 8 4 56 �) and Classification(s) .4 -c3- 4 A2 -A 54 $ Total Price ( igures) re and Title DENBOER ENGINEERING & CONSTRUCTION, INC. Bidder's Ad GPRINGS, CA 02264 (760) 327.2200 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS LIDO ISLE BRIDGE REPAIR AND WATER MAIN REPLACEMENT CONTRACT NO. 3538 i 1 1 1 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 4 4 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -5 PLANS AND SPECIFICATIONS 2 -5.3 Shop Drawings 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -2 PROTECTION 5 -7 ADJUSTMENTS TO GRADE 5-8 SALVAGED MATERIALS 5-9 ELECTRICAL SERVICES SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK i 1 1 1 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 4 4 6-7 TIME OF COMPLETION 4 6 -7.1 General 4 6 -7.2 Working Days 4 6 -7.4 Working Hours 4 6-9 LIQUIDATED DAMAGES 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -5 PERMITS 5 7 -7 COOPERATION AND COLLATERAL WORK 6 7 -8 PROJECT SITE MAINTENANCE 6 7 -8.5 Temporary Light, Power and Water 6 7 -8.6 Water Pollution Control 6 7 -10 PUBLIC CONVENIENCE AND SAFETY 6 7 -10.2 Storage of Equipment and Materials in Public Streets 6 7 -10.3 Street Closures, Detours, and Barricades 7 7 -10.4 Public Safety 7 7- 10.4.1 Safety Orders 7 7 -10.5 "No Parking" Signs 8 7 -15 CONTRACTOR'S LICENSES 8 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 8 SECTION 9 MEASUREMENT AND PAYMENT 9 9 -3 PAYMENT 9 9 -3.1 General 9 9 -3.2 Partial and Final Payment 9 SECTION 10 DEBRIS CONTAINMENT AND COLLECTION PROGRAM 9 10 -1 GENERAL 9 10 -2 HANDLING 9 10 -3 BASIS FOR PAYMENT 9 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 10 201 -3 EXPANSION JOINT FILLER AND JOINT SEALANTS 10 201 -3.1 General 10 201 -1 PORTLAND CEMENT CONCRETE 10 201 -1.1 Requirements 10 201 -1.1.3 Concrete Specified by Compressive Strength 10 201 -1.2.1 Portland Cement 10 201 -1.2 Materials 10 201 -1.2.4 Chemical Admixtures 10 201 -1.2.5 Fly Ash 10 SECTION 206 MISCELLANEOUS METAL ITEMS 10 206 -7 RAILS AND POSTS 10 206 -7.1 Materials 10 206 -7.2 General Requirements 11 SECTION 207 PIPE 11 207 -9 IRON PIPE AND FITTINGS 10 207 -9.2 Ductile Iron Pipe for Water and Other Liquids 11 207 -9.2.2 Pipe Joints 11 207 -9.2.3 Fittings 11 207 -9.4 AWWA Butterfly Valves 12 207 44.1 General 12 SECTION 209 ELECTRICAL COMPONENTS 13 209 -2 Materials 13 209 -2.3 Conduit 13 209 -2.6 Point of Connection 13 209 -2.7 Submittals 13 SECTION 210 PAINT AND PROTECTIVE COATINGS 13 210 -1 PAINT 13 210 -1.5 Paint Systems 13 210 -8 CONCRETE PREPARATION AND REPAIR 13 210 -8.1 General 13 210 -8.2 Materials 13 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 13 300 -1 CLEARING AND GRUBBING 13 300 -1.5 Solid Waste Diversion 14 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 14 303 -1 CONCRETE STRUCTURES 14 303 -1.1 General 14 303 -1.3 Forms 14 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 14 GUTTERS, ALLEY, INTERSECTIONS, ACCESS RAMP AND DRIVEWAYS SECTION 304 METAL FABRICATION AND CONSTRUCTION 14 304-2 METAL RAILINGS 14 I 0 0 304 -2.1 Metal Hand Railings. 14 304 -2.1.2 Fabrication 15 304 -2.1.3 Installation 15 SECTION 310 PAINTING 16 310 -5 PAINTING VARIOUS SURFACES 16 310 -5.7 Painting and Repainting Concrete 16 310 -5.8 Concrete preparation and Repair. 16 310 -5.8.1 General 16 310 -5.8.2 Preparation of Surfaces 16 SECTION 3330 GENERAL REPAIR REQUIREMENTS 16 Part 1 — General 16 Part 2 — Products 20 Part 3 — Execution 20 SECTION 3331 SHOTCRETE REPAIRS 24 Part 1 — General 24 Part 2 - Products 26 Part 3 — Execution 27 SECTION 3332 TROWEL- APPLIED MORTAR REPAIRS 30 Part 1- General 30 Part 2- Products 31 Part 3- Execution 32 SECTION 3334 EPDXY INJECTION REPAIRS 33 Part 1- General 33 Part 2- Products 35 Part 3- Execution 35 SECTION 3335 CRACK SEALING REPAIRS 37 Part 1- General 37 Part 2- Products 38 Part 3- Execution 38 Last saved by mlocey00/11Y8103 11:31 AM f: WSes�ybw�sben�conbedsMa4tersMasteS for opmmc set upMmter spec irdez.doc 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT • SP 1 OF 40 LIDO ISLE BRIDGE REPAIR AND WATER MAIN REPLACEMENT CONTRACT NO. 3538 SPECIAL PROVISIONS \ _ INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. H- 5160 -S, E- 5061 -S, W -5296- S, and T- 5907 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1994 edition), including Supplements; and (4) the 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 -5 PLANS AND SPECIFICATIONS 2 -5.3 Shop Drawings. Add to this Section: "Shop drawings and substantiating calculations prepared by a civil or structural engineer registered by the State of California shall be submitted for the pipe rail and posts. Rails, connections, post embedments and attachments to portland cement concrete shall be designed per AASHTO specifications to support 50 pound per linear foot vertical and lateral loads acting simultaneously on each member." 2 -6 WORK TO BE DONE. Add to this Section: "The work necessary for the completion of this contract consists of obtaining a United States Coast Guard permit; providing signage, traffic control and scaffolding; constructing certain repairs upon wingwalls and superstructure of the Lido Isle Bridge; removing and replacing navigation lighting and portions of the southerly rail; repainting and performing other miscellaneous R- 0 • SP2OF40 work upon certain portions of the bridge and wingwalls; replacing a water main between Lafayette Avenue and Via Lido Soud; and performing street lighting work off the bridge.. 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The City will provide construction staking as required to construct the improvements. Any additional stakes or any restaking, or costs thereof, shall be the responsibility of the Contractor. The Contractor shall notify the City in writing two working days in advance of the time that the stakes are needed. All existing street and property comer monuments are to be preserved. The City will recover the cost of restoring any survey monument damaged by the Contractor outside the project limits by deductive change order." 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 City shall have the affected survey monuments restored per records, at the Contractor's expense, which includes the required filing of Comer 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 Section, 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 Section 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." 0 • SP3OF40 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 fumished 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 fumish the Engineer full information as to the progress of the worts in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractors 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 worts, 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 pipe, including the existing 12 -inch water main currently located within the bridge. 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. 5 -9 ELECTRICAL SERVICES. City forces shall connect and disconnect electrical services to navigational and street lighting as approved in advance by the Contractor. The Contractor shall provide seven days prior notice to the Engineer, and shall maintain street and navigational lighting in service at all times when work is not being performed. • • SP4OF40 SECTION 6-- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this Section: "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. No work shall begin until all contract documents have been approved by the City, a pre - construction conference has been held with the Engineer, and the schedule of work has been approved by the Engineer. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be 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 furnishing acceptable contract documents, providing and removing signage, traffic controls and scaffolding, demolition, construction, restoration of existing improvements impacted by the work, cleanup, etc." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this Section: "The Contractor shall complete all work under the Contract within 50 consecutive working days after the date of the Notice to Proceed. Construction shall not begin until the Notice to Proceed has been issued. The Contractor shall ensure the availability of materials and equipment 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 1st (New Years Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4' (independence Day), the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday in November (Thanksgiving Day) and the following day, December 24th (Christmas Eve), December 25th (Christmas Day), and December 31 st (New Years Eve). 6 -7.4 Working Hours. Normal working hours are 7:00 A.M. to 4:30 P.M. on Monday through Thursday and 7:00 A.M. to 3:30 on Friday. Should the Contractor elect to work outside normal working hours, he must first obtain approval of the Engineer. The request may be for 4:30 P.M. to 6:30 P.M. on weekdays or 8:00 A.M. to 6:00 P.M. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A • SP5OF40 separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $55.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1000. Revise paragraph two, sentence one, to read: "Execution of the contract shall constitute agreement by the Agency and Contractor that $1000 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the work within the allotted time. The intent of this Section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize the amount of disruption time to the public." SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -5 PERMITS. Add to this Section: 'The Contractor shall apply for and obtain United States Coast Guard (USCG) permits for this project. The Contractor shall prepare and submit plans for equipment layouts, including construction signage, lighting, scaffolds, crane and barge placement, anchorage, spuds, etc., to the USCG for approval. The USCG requires at least 30 days to review and authorize plans. After receiving USCG approval of the construction plans, the Contractor may obscure portions of the channel with work equipment if he provides timely and accurate advance information, including work phase schedules and alternative prescriptions concerning navigational use of the channel, with contingency planning and specified periods of construction. During authorized obstructions of the channel, the Contractor shall place signs near both sides of the bridge, with the legend 'BRIDGE CHANNEL CONSTRUCTION [date] [hour] to [date] [hour]." The legend shall be black block letters on a contrasting background, either white with an orange border or solid orange. Center channel green lights shall be removed or obscured. The Contractor shall be able to communicate information to passing vessels via radiotelephone. Should an emergency occur, the Contractor shall immediately notify approaching vessels via Coast Guard Station office (949) 673 -0420 and the Orange County Harbormaster office (949) 248 -2222 or 24 hour (949) 723 -1000. The Contractor shall use 'Request for Bridge Maintenance Construction Closures or Channel Obstructions" and "USCG Emergency Information" sheets attached hereto. All costs for applying, obtaining and conforming with the requirements of USCG permits shall be included in the unit prices for related items of work. • • SP6OF40 The Contractor shall contact the USCG and the Harbormaster concerning work schedule, changes in work schedule, problems with mariners (e.g., excessive speed, wakes, interference with waterbome equipment, etc.), etc. The Contractor shall provide the following information to them for publication in the "Local Notice to Mariners ": • Name and telephone number of the project manager • Location and work phase start and finish times • Dates, sizes and placement of floating construction equipment • Radio telephone frequencies and call signs of marine equipment operators The work specified above shall be performed immediately upon award of contract so that USCG permit issuance will not delay the start of construction. Bridge lights, signals and gauges shall not be interrupted without USCG approval. See Section 5.7 for additional information conceming electrical services." 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "The existing 12 -inch water main running through the bridge is out of service. When the new system is ready to tie into existing facilities, City forces shall perform all required shut downs. The Contractor shall provide seven days prior notice to the Engineer 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 shall be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down shall be coordinated with the City of Newport Beach Utilities Department. 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 $613 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. See Section 5.7 for additional information concerning electrical services," 7 -8.6 Water Pollution Control. Add to this Section: "Surface runoff water, including water used during sawcutting and removal 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 Newport Bay." 7 -10 PUBLIC CONVENIENCE AND SAFETY 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. The Contractor r 0 • SIP 7OF40 shall obtain an area for the storage of equipment and materials. Prior to move -in, the Contractor shall take photos of the bridge, adjacent beaches, roadways and parkways. Upon completion of construction, the Contractor shall restore the bridge, adjacent beaches, roadways and parkways to their pre - construction condition if they have been damaged or compromised by the Contractor's activity." 7 -10.3 Street Closures, Detours and Barricades. Add to this Section: "The Contractor shall provide traffic controls in accordance with the traffic control plans provided by the City. Should the Contractor desire to provide traffic controls that deviate from those shown on the traffic control plans, he shall prepare and submit alternative plans to the Engineer at least five working days prior to the pre - construction meeting, and shall process and obtain the Engineer's approval of such alternative plans prior to beginning work. Traffic control plans shall conform to the provisions of the Work Area Traffic Control Handbook (WATCH), 2001 Edition. The traffic control plan shall be signed and sealed by a California licensed Traffic Engineer, and shall meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. One lane closure is allowed during the hours of 8:30 AM to 4:30 PM. All travel lanes shall be reopened to traffic during non -work hours. 3. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian, bicycle and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 4. All advanced warning sign installations shall be reflectorized and /or lighted." One bridge concrete sidewalk closure is allowed at any time. If the Contractor elects to close a bridge concrete sidewalk, he shall securely cover the open sidewalk areas, barricade the approaches to the sidewalk, and detour travel to the sidewalk on the opposite side of the roadway. The Contractor shall submit plans for secured covers, barricades and detours to the Engineer as specified above for alternative traffic control plan approvals. Upon demolition of concrete for modification of the south rail, the Contractor shall either close the adjacent sidewalk as specified above or provide a temporary rail and post system that will support the loads specified under Section 2 -5.3 and not have openings larger than those specified for the new pipe rail. The Contractor shall submit plans for temporary rail and post systems to the Engineer as specified above for alternative traffic control plan approvals. 7 -10.4 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 • SP8OF40 all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The Contractor's scaffolding, rigging, boat, floating stock, construction equipment, debris collection apparatus, etc., shall not interfere with or reduce the clearance or width of the navigation channel under the bridge. The right of the Engineer or other City representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractors 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 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor A License. At the start of work and until completion of work, the Contractor and his subcontractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS I 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 reviewed by the Engineer at the time each progress bill is submitted. The Contractor shall submit the "As- Built" drawings to the Engineer prior to receiving final payment or requesting release of bonds. The Contractor shall retain books, records, and documents concerning the project in accordance with generally accepted accounting principles and practices for at least three years after the date of completion. During this time, the Contractor shall make the material available to the Engineer upon demand, and shall provide suitable facilities for the Engineer to access, inspect, and copy the material. .. I If • • SP9OF40 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 needed to complete the item of work in place, and no other compensation shall be allowed therefore. Payment for incidental items of work not separately listed shall be included in the unit and lump sum prices shown for the other related items of work." 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." SECTION 10 -- DEBRIS CONTAINMENT AND COLLECTION PROGRAM 10 -1 GENERAL. Prior to starting work, the Contractor shall submit to the Engineer a debris containment and collection program for debris produced when the existing surface coating is disturbed and when concrete and other items are demolished. The program shall identify materials, equipment and methods to be used and shall include shop drawings of any containment system, loads applied to the bridge by any containment structure, and provisions for ventilation and air movement for visibility and worker safety. If the measures being taken by the Contractor are inadequate to provide for the containment and collection of debris, the Engineer will direct the Contractor to revise the operations and the debris containment and collection program. No further work shall be performed on the items until the debris containment and collection programs are adequate and, if required, a revised program has been approved. The Engineer will not be liable to the Contractor for failure to approve all or any portion of an originally submitted or revised debris containment and collection program, nor for any delays to the work due to the Contractor's failure to submit acceptable programs. 10 -2 HANDLING. Debris accumulated inside the containment system shall be removed before the end of each work shift. Debris shall be stored in approved leak proof containers and shall be handled in such a manner that no spillage will occur. 10 -3 BASIS FOR PAYMENT. All costs incurred in preparing and implementing the Debris Containment and Collection Program and for providing, installing, maintaining, and removing such systems shall be included under the Mobilization /Demobilization / Scaffolding bid item. • SP 10 OF 40 PART 2 CONSTRUCTION MATERIALS SECTION 201 — CONCRETE, MORTAR, AND RELATED MATERIALS 201 -3 EXPANSION JOINT FILLER AND JOINT SEALANTS 201 -3.1 General. Replace this Section with: "The Contractor shall submit proposed material data for the backer bar, bond breaker, and joint sealant for the sidewalk expansion joints shown on the drawings. The joint system shall allow an expansion or contraction equal to 1 inch, which corresponds to a Caltans Movement Rating (MR) equal to 30mm. A joint system that conforms with Caltrans Standard Specification Section 51, Paragraph 51 -1.12F Sealed Joints is an acceptable system. After curing, the sealant surface shall be firm enough to support foot traffic." 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1 Requirements 201 -1.1.3 Concrete Specified by Compressive Strength. Add to this Section: "Portland cement concrete for construction shall be Class 875 -DSE -5000 P." 201 -1.2.1 Portland Cement. Add to this Section: "Portland cement shall be Type V." 201 -1.2 Materials 201 -1.2.4 Chemical Admixtures. Add to this Section: "Structural concrete shall contain water reducing and air entraining admixtures. Entrained air shall be between 3% and 5 % by volume. Calcium chloride is not permitted. Submittals are required." 201 -1.2.5 Fly Ash (a) General. Replace the first sentence with: "20% Fly Ash shall be used in the mix design." SECTION 206 -- MISCELLANEOUS METAL ITEMS 206 -7 RAILS AND POSTS 206 -7.1 Materials. Aluminum rails and posts shall match the style, color, and connection details as the existing aluminum railing on the north side of the bridge nearest the roadway. Rails and posts shall be fabricated from Type 6063 -T6 aluminum alloy. Brackets, fittings, end caps, and other components shall be fabricated from Type 6063 -T5 aluminum alloy. Fasteners shall be fabricated from Type 18 -8 stainless steel. 0 • SP 11 OF 40 206 -7.2 General Requirements. The Contractor shall submit shop drawings and substantiating calculations to the Engineer for approval prior to fabrication of rails and posts. Rails, posts, connections, post embedments and attachments to portland cement concrete shall be designed per AASHTO specifications to support 50 pound per linear foot vertical and horizontal loads applied simultaneously on each member. 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 B16.5 pattern, Class 150 flanges. Bolts and nuts for all installations shall be Type 316 stainless steel. Threads shall be coated with a liberal amount of anti -seize compound. Flange gaskets shall be full -faced Buna -N, nylon impregnated rubber." • • SP 12 OF 40 207 -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. All butterfly valves shall be from the same manufacturer. Valves shall be manufactured by the Henry Pratt Co. Butterfly Valves (Class 150). All valve bodies shall be constructed of cast iron ASTM A126, Class B with ANSI 1316.1 class 125 -psi drilling flanges. All valves to have 316 stainless steel exterior body bolts. Discs shall be flow through on sizes above 24 inch. Valve discs shall be constructed of ductile iron ASTM A536 Grade 65 -45 -12 or 70- 50 -05, or cast iron ASTM 126 Class B with a 316 stainless steel edge to mate with a rubber seat. Valves shall have a two - piece stub shaft of 17 -4 stainless steel, corresponding to the requirements of AWWA C504, latest revision. The shafts shall fasten to the disc by means of a threaded taper pin on sizes 24 -inch and above. Valve seat shall be Peroxide cure EPDM on the valve body. Sulfur cured EPDM and Buna -N Is not acceptable. Rubber body seats shall be of one -piece construction molded, bonded, or retained in the valve body. Valves that use fasteners and retaining hardware to retain the seats or valves with the rubber seat located on the valve disc will not be permitted. 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. The valve disc shall be epoxy coated with an AWWA NSF -61 coating system 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 manufacturer. All valves shall be hydrostatic and leak tested in accordance with ANSI /AWWA C504, latest revision with the following modification: All valves shall be hydrostatically tested and leak tested. The leak test shall be performed at the differential pressure of 250 psi with the disc in the closed position. In a slightly open position internal hydrostatic pressure equal to 500 pounds shall be applied to the inside of the valve body for 5 minutes. 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. Valve actuators shall be fully greased packed and have valve stops in the open /closed position. The actuator shall have a mechanical stop, which will withstand and input torque of 450 foot - pounds. 0 • SP 13 OF 40 SECTION 209 -- ELECTRICAL COMPONENTS 209 -2 MATERIALS 209 -2.3 Conduit. New conduit shall be the same material as existing conduit for the same application. 209 -2.6 Point of Connection. The POC to the existing controller is located in the planter at the south side of the east abutment. 209 -2.7 Submittals. The Contractor shall submit samples of electrical components and a layout plan to the Engineer for approval prior to ordering such materials. SECTION 210 —PAINT AND PROTECTIVE COATINGS 210 -1 PAINT 210 -1.5 Paint Systems. Add to this Section: "The paint system for application on portions of bridge and approach areas to be painted or re- painted shall be SikaTop 107 or SikaTop 144 sealant, plus Sikagard 670W protective coating as manufactured by Sika Corporation. Submittals are required. The texture of the paint system shall match the existing bridge texture, and shall be prepared and applied as recommended by the manufacturer's written instructions. The colors shall be formulated to match the color of the existing coatings. Additional preparation, sealing, and painting shall be applied at repaired areas as required to blend in with the surrounding areas. 210 -8 CONCRETE PREPARATION AND REPAIR 210 -8.1 General. All existing surface spalls, chips, defects and cracks, in the areas to be painted, shall be repaired prior to applying the paint system. This work is in addition to the structural repairs shown on the plans. 210 -8.2 Materials. The materials for repairing existing concrete shall be the same as specified in Section 03330, General Repair Requirements. Epoxy injection is not required except where shown on the plans for structural repairs. PART 3 CONSTRUCTION METHODS SECTION 300 -- EARTHWORK 300 -1 CLEARING AND GRUBBING SP 14 OF 40 300 -1.5 Solid Waste Diversion. Concrete wastes generated from the job site shall be disposed of at a facility which crushes such materials for reuse. Recyclable solid wastes shall not be disposed of in a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed in a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer. SECTION 303 -- CONCRETE AND MASONRY CONSTRUCTION 303 -1 CONCRETE STRUCTURES 303 -1.1 General. Add to this Section: "The Contractor shall make horizontal and /or vertical sawcuts at removal limits unless shown otherwise on the plans. Sawcuts shall be made to a depth of 1 inch minimum and shall not cut existing steel reinforcement that is to be lapped into the new reinforcement. Concrete shall then be removed with a chipping gun in a manner that will not damage adjacent concrete that is to remain. The Contractor shall sawcut and remove portions of reinforced concrete in the back wall at each end of the bridge in order to remove and replace the 12" water main. Upon the Engineer's approval of the new 12" water main installation, the Contractor shall tie in reinforcing steel and replace the removed portions of the back wall." 301 -1.3 Forms. Add to this Section: "Forms to support the sidewalk concrete, where space is limited around utilities, may be constructed of fiberglass or stainless steel and left in place. If left in place, the forms shall be permanently secured to the structure. The Contractor shall indicate on the formwork submittal which forms are to be left in place, if any. Forms for all concrete construction shall leave no form marks and shall provide a very smooth concrete surface and appearance after form removal." 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS. Add to this Section: "Concrete walkways shall be finished according to Paragraph 303 -5.5.3 Walk. All other work related to the sidewalk construction shall be performed in accordance with Section 201 - -- Concrete, Mortar and Related Materials, and Section 303 - -- Concrete and Masonry Construction, Paragraph 303 -1, Concrete Structures. The expansion joint materials shall be installed according to the manufacturer's written instructions for the approved joint system. The joints shall be protected from damage during installation and curing." SECTION 304- -METAL FABRICATION AND CONSTRUCTION 304-2 METAL RAILINGS 304 -2.1 Metal Hand Railings • • SP 15 OF 40 304-2.1.2 Fabrication. Add to this Section: 'Rails and posts shall be fabricated so that all fasteners, welds and attachments are concealed. Posts shall be vertical. Attachments to and embedment into concrete shall be sufficient to develop the full strength of the railing or post. Welds shall be full penetration. Torch or flame cutting is not permitted. Field welding is not permitted. Rails and posts shall be anodized fabrication to Class 1, hardcoat finish (0.7 mils minimum thickness). The Contractor shall submit at least 4 sets of shop drawings, 1 set of substantiating calculations for rails, posts, post embedment and connections, and 3 color samples of the proposed anodized finish to the Engineer for approval in accordance Section 2 -5.3, Shop Drawings and Submittals, and the following requirements: a) The Contractor shall verify the location and spacing of rails and posts, embedment and connections by field measurement prior to fabrication. b) The Contractor shall submit fully detailed shop drawings, calculations and color samples at least 2 weeks prior to the need for fabrication and anodizing. c) Samples shall be actual production components that are large enough to be used as process control samples for visual comparison of color. d) Samples shall be individually marked as to physical characteristics. e) The Engineer shall approve 2 of the 3 samples to be used for process control and color. f) At least 2 sets of the approved shop drawings and color samples will be returned to the Contractor for his use." 304 -2.1.3 Installation. Add to this Section: "if a rail or post will be removed that is adjacent to an in -use public sidewalk or stairway, the Contractor shall provide and install temporary rails or posts until the permanent rails or posts are reinstalled. The Contractor shall submit plans and substantiating calculations for temporary rails or post materials, placement, and method of installation to the Engineer for approval at least two weeks prior to the need for temporary railing or handrail installations. The Contractor shall grout posts with Por -Roc or Quik Rok. The surface of the grout shall be sloped to drain moisture away from the posts. The Contractor shall protect the anodized finish from damage throughout final acceptance of the work. Exposed surfaces shall be clean and free of scratches, water stains, and other blemishes. Prior to acceptance by the Engineer, the Contractor shall remove and replace rail and post components that are damaged or non - conforming to the approved color control SP 16 OF 40 samples. The Contractor's replacements shall be at the Contractor's sole expense, and shall be approved by the Engineer prior to installation." SECTION 310 -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.7 Painting and Repainting Concrete. Concrete surfaces to be painted or re- painted shall be prepared, sealed and coated in strict adherence with the coating manufacturer's written instructions. Coverage shall not be less than the manufacturer prescribes to be applied on such materials for long -term exterior exposure to a marine environment. Upon the Engineer's approval of preparation, the Contractor shall apply one coat sealant and two coats of protective coating on the areas shown on the plans. The Contractor shall chip, brush, water blast, etc., as prior approved by the Engineer to clean the areas to be painted and re- painted. Prior to the application of sealants or protective coatings, the Contractor shall protect adjacent surfaces that will not receive these sealants or coatings. Surfaces not specified to receive a coating that are damaged or not protected shall be cleaned and repaired by the Contractor at the Contractor's sole expense. The Contractor's method of cleaning and repair shall be subject to the prior approval of the Engineer. 310 -5.8 Concrete Preparation and Repair 310 -5.8.1 General. All existing surface spalls, chips, defects and cracks in the areas to be painted or re- painted shall be repaired prior to applying the paint system. This work is in addition to the structural repairs shown on the plans. 310 -5.8.2 Preparation of Surfaces. The existing concrete shall be repaired using construction methods as specified for structural repairs according to Section 3330 - General Repair Requirements. Epoxy injection is not required except where shown on the plans for structural repairs. SECTION 3330 - -- GENERAL REPAIR REQUIREMENTS PART1- GENERAL A. Scope of Work The work consists of furnishing transportation, labor, materials, equipment, and incidentals necessary to perform the repair work upon the Lido Isle Bridge. 2. The tasks involved with the repair work include: • • SP 17 OF 40 a. Removal of concrete, shotcrete, and gunite b. Application of shotcrete, trowel - applied mortar, cast -in -place concrete, crack sealing and epoxy injection repairs. c. Cleaning of exposed steel reinforcing bars. d. Addition and replacement of reinforcing bars. e. Inspection and testing of repair areas. f. Clean -up and disposal 3. The requirements of this section apply to all of the basic methods of repair specified for the project. The basic methods of repair include the following: a. Shotcrete Repairs b. Trowel - Applied Mortar Repairs c. Epoxy Injection Repairs d. Crack Sealing Repairs 4. Additional or special requirements for each basic method of repair are described under each repair section. 5. Testing and inspection will be performed by the Engineer or an independent testing agency hired by the Engineer. B. Related Work Section 3331 SHOTCRETE REPAIRS Section 3332 TROWEL- APPLIED MORTAR REPAIRS Section 3334 EPDXY INJECTION REPAIRS Section 3335 CRACK SEALING REPAIRS C. Reference Documents All work shall be performed according to the following documents: 1. American Society for Testing and Materials (ASTM) ASTM A 615 Specification for Deformed and Plain - Billet Steel Bars for Concrete Reinforcement ASTM A 706 Specification for Low -Alloy Steel Deformed Bars for Concrete Reinforcement 2. Steel Structure Painting Council (SSPC) SSPC -6 Commercial Blast Cleaning 3. American Welding Society (AWS) AWS D1.4 Structural Welding Code — Reinforcing Steel D. Submittals • SP 18 OF 40 The Contractor shall submit the following documents for review by the Engineer. The review and /or approval by the Engineer shall not relieve the Contractor of responsibility from compliance with the drawings and specifications. Submittals shall be made sufficiently ahead of repair to allow the Engineer to review (10 working days) and to allow for any re- submittals that may be required. 1. Equipment: Submit a description of mechanical or waterblasting equipment to be used for each basic method of repair prior to starting work. 2. Submit details for debris containment, collection, and disposal. The submittal shall address how materials will be contained during the removal process. 3. Reinforcing Steel for Additions and Replacement of Corroded Bars a. Submit of mill test reports certifying that materials meet specified ASTM requirements. b. Submit chemical analysis for determining carbon equivalent of steel reinforcement which will be welded in accordance with AWS D1.4. 4. Welding of Reinforcing Bars (When Required) Complete and submit welding procedure form as specified in Appendix A of AWS D1.4 for field welding of reinforcing bars. 5. Method of Volume Calculation Submit method of calculation for the volume of each repair area to be recorded. 6. Repair material manufacturer's written instructions. 7. Submit proposed repair methods for the actual products to be used. The methods shall be in conformance to these specifications and the product manufacturer's written instructions. E. Protection and Removal Work 1. Exercise care in removing deteriorated concrete to prevent damage to the adjacent sound components. In case of damage inflicted to adjacent sound components, the Contractor shall restore the damaged components to their original condition at Contractors sole expense to the satisfaction of the Engineer. 2. Protect concrete surfaces beyond limits of surface receiving repairs against spillage or damage. 0 F. Quality Assurance 1. Repair Material Manufacturer's written instructions. • SP 19 OF 40 The manufacturer's written instructions shall be strictly followed, particularly regarding requirements for handling, storage, protective gear, environmental limitations, mixing and applications process. 2. Packaging and Labeling a. All materials shall be delivered to the job site in clearly labeled, unopened containers. b. Labels shall be legible, intact, and indicate: 1) Name of manufacturer 2) Manufacturer's product identification 3) Manufacturer's lot number 4) Mix ratio 5) Hazardous material rating and appropriate warnings for handling 3. Product Handling and Storage a. Handle all materials in a safe manner and in a way to avoid breaking container seals. b. Store all materials at temperatures specified by the manufacturer's written instructions. 4. Personnel Qualifications The applicators of the injection, coating, mortar, concrete, or shotcrete shall be experienced in the application of the materials according to the manufacturer's written instructions. G. Clean -up and Disposal 1. All loose concrete, corroded reinforcing bars, and other loose items that have been removed due to repair operation shall become the property of the Contractor and shall be properly disposed off -site in a manner which complies with all applicable laws and regulations. 2. Leave finished work and work area in a neat, clean condition without spillages onto adjacent areas or into the water. Repair materials and equipment may not be left at the jobsite when work is not being performed without prior approval by the Engineer. 3. Procedures for clean up or removal of excess repair material shall be per manufacturer's written instructions. SP 20 OF 40 4. Remove and dispose of all conduit, pipe, navigational lighting system, and other items no longer needed on the bridge. H. Method of Repair Repairs indicated on the drawings are for deficiencies found in areas that could be accessed during the inspection. The estimated quantities found on the Proposal have been extrapolated from the conditions observed on the accessible portions of the structure. Repairs shall be performed for those defects indicated in the drawings as well as for defects in the areas which could not be inspected. Repairs of the additional defects in the areas which were not inspected shall be authorized by the Engineer prior to the work being performed. 2. For those defects that have a method of repair specified in the drawings, the Contractor may propose to substitute a different method of repair than indicated to the Engineer. The Contractor may only perform the different method of repair with prior written approval of the Engineer. PART 2- PRODUCTS A. Material Additional or replacement reinforcing steel shall conform to ASTM A 615, Grade 60, deformed bars. Reinforcing steel, to be welded, shall conform to ASTM A 706, Grade 60. 2. Welded Wire Fabric shall be ASTM A 740, galvanized. PART 3 - EXECUTION A. Concrete Removal 1. General: a. Concrete removal shall be executed using appropriate mechanical equipment. Contractor shall demonstrate that the equipment which is intended for use on the job is capable of executing concrete removal according to the requirements of this section. b. Concrete removal shall be initiated only at the defects listed in the drawings which have a specified repair method or at locations identified by the Engineer. Initiation of concrete removal at other locations requires prior authorization by the Engineer. Unauthorized removal of concrete at locations that are not indicated on the drawings or authorized by the Engineer shall be considered as damage inflicted to the structure and the Contractor shall repair this damage at his sole cost. c. Dispose of construction debris in accordance with Section 3330.1.G.1. • SP 21 OF 40 2. Reinforced Concrete Members The actual concrete removal at a location shall be determined by whichever of the requirements listed below will yield the largest removal amount: a. To remove all defective concrete and expose reinforcing bars to determine the degree of corrosion. b. To remove corrosion products from the reinforcing bars and measure the loss of area to determine whether additional or replacement reinforcing bars are required. c. To provide complete encasement of the bars in the new repair material. 3. Concrete Removal at Corroded Main Reinforcing Bars a. Concrete shall be removed around all corroded main reinforcing bars. The minimum clearance between the reinforcing bars and the concrete shall be 1 inch. The shape of the prepared defect shall be such that feathered -out edges are avoided, and the repair material will be "keyed -in" to the repair area using at least a' /2 inch deep cut around the perimeter of repairs. b. Concrete removal along the main reinforcing bars shall continue until the ends are free from loose corrosion products along a length equal to a minimum of 10 times the bar size. 4. Concrete Removal at Corroded Ties Removal of concrete at corroded ties shall be done to the back of the ties only. B. Cleaning of Corroded Steel Reinforcing Bars Exposed reinforcing bars shall be cleaned of corrosion products to a level of cleaning corresponding to SSPC -SP6, Commercial Blast Cleaning. Wire brush cleaning may be used for cleaning small areas. C. Addition and Replacement of Reinforcing Bars 1. Criteria a. Corroded portions of the main reinforcing bars in the primary structural members including abutment walls with a loss in original cross sectional area equal to or more than 30 percent require the replacement of corroded bars with new reinforcing bars. b. Contractor shall measure the remaining diameter of the reinforcing bars by caliper after cleaning them as specified in Section 3330.3.8. The cross sectional area shall be based on the least value of three measurements taken 0 • SP 22 OF 40 along the length of the corroded bar. The locations for measurement shall be at the areas which exhibit the most extensive loss of section. The measurement results shall be reported to the Engineer who will make a determination on the necessity, extent, and method of providing additional reinforcement at the specific location. c. In general, conroded ties will not require additional or replacement reinforcing bars; however, some splicing may be required to support reinforcement replacement which is addressed in Section 3332, Trowel Applied Mortar Repairs. Otherwise, broken ties may be cut or bent back to their original position with the prior approval of the Engineer. Ties shall be cleaned as specified in Section 3330.3.B. d. New reinforcing bars shall not contain rust, scale, oil, grease, clay, or other foreign substances that could reduce or destroy the bond. Minor rusting of uncoated reinforcement shall not be a basis of rejection, provided rusting has not reduced the effective cross sectional area of the reinforcement below the minimum standard diameter allowed by the applicable reinforcement standard, and that rust has been removed prior to placing. 2. Addition of Reinforcing Bars a. The corroded reinforcing bars to be lap spliced must not be cut. New reinforcing bars of equivalent area shall be provided alongside the corroded reinforcing bar. Addition of the new reinforcing bars shall be in accordance with the following requirements: 1) The remaining existing corroded reinforcing bars shall be cleaned according to the requirements of Section 3330.3.B. 2) The new reinforcing steel shall be placed in a manner which will allow unobstructed placement of the repair material. 3. Replacement of Reinforcing Bars a. If compliance with requirements of Section 3330.3.C.2 above cannot be ensured, the corroded reinforcing bar shall be removed and replaced. A typical reinforcing bar replacement shall be performed using a lap splice equal to 12" for #4 bars, 17 for #5 bars, and 20" for #6 bars unless shown otherwise on the drawings. The splices of two adjacent reinforcing bars shall be staggered as much as possible, without the removal of additional sound concrete. b. Where lap splicing is not practical due to space restrictions or other practical considerations, as determined by the Engineer, the replacement steel may be installed by welding to the splice bar. Welding of the reinforcing steel shall SP 23 OF 40 conform to AWS D1.4 and can only be performed with the prior approval of the Engineer. Filler material shall be based on bars having yield strength of 60,000 psi. c. Cutting of old reinforcing bars and splice arrangement, unless specifically called for in these specifications, requires the prior approval of the Engineer. D. Inspection and Testing 1. Inspection of Prepared Surfaces After the completion of the full sequence of surface preparation procedures as specified for each method of repair, the repair location shall be inspected and approved by the Engineer prior to the placement of repair material. Any condition which may interfere with the execution of the work in accordance with the Specifications shall be reported to the Engineer. b. The Contractor shall record dimensions of each defect after preparation and acceptance by the Engineer. These measurements will form the basis for payment quantities. The "As- Repaired" volume shall be recorded for each defect. Volume estimates for payment will be based on total cement sack volumes for trowel repairs. For cast -in -place concrete repair payment, volumes will be based on total cement sack volumes or, if ready -mix concrete is used, the volume estimates for each repair area will be based on the dimensions of the repair area. The Engineer will monitor repair operations and will disallow any volumes that are judged by the Engineer to be gross or excessive wastage. Contractor shall submit for approval the method of calculation to be used for recording the volume of each repair area. 2. Reinforcing Bar Welding a. The Engineer will inspect and review the testing of the welds at the reinforcing bars for compliance with AWS D1.4. The Contractor shall be responsible for performing visual inspection of all welded connections. b. Defective welding shall be either partially or completely removed and repaired as determined by the Engineer. The cost of repair of defective welds shall be bome by the Contractor. E. Measurement and Payment 1. Payment for each method of repair or other work will be in accordance with the rates for each applicable Bid Items in the Contractor's proposal. 0 SP 24 OF 40 2. Payment for adding or replacing reinforcing bars shall be as specified for each method of repair. SECTION 3331 --- SHOTCRETE REPAIRS PART 1- GENERAL A. Scope of Work 1. Shotcrete repairs consist of furnishing transportation, labor, materials, equipment, and incidentals necessary for repairing deteriorated concrete, shotcrete, and gunite at locations identified in the drawings. 2. Shotcrete repairs on this project are generally specified where the size and /or quantity of defects to be repaired justify the mobilization of the shotcrete set -up. Smaller, isolated defects are typically scheduled for trowel repair (Section 3332). The Contractor may substitute trowel repairs for shotcrete repairs only with the prior approval of the Engineer. 3. Work on this project shall conform to all the requirements of ACI 506.2 Standard Specification for Shotcrete, published by the American Concrete Institute, Detroit, Michigan, except as modified by the requirements of these Contract Documents. B. Related Work Section 3330 GENERAL REPAIR REQUIREMENTS Section 3332 TROWEL - APPLIED MORTAR REPAIRS Section 3334 EPDXY INJECTION REPAIRS Section 3335 CRACK SEALING REPAIRS C. Reference Documents All work shall be performed according to the following documents: 1. Steel Structures Painting Council (SSPC) SSPC -SP6 Commercial Blast Cleaning 2. American Concrete Institute (ACI), Manual of Concrete Practice, latest edition ACI 506R Guide to Shotcrete ACI 506.2 Specification for Shotcrete ACI 506.3R Guide to Certification of Shotcrete Nozzlemen • 3. American Society for Testing and Materials (ASTM) • SP 25 OF 40 ASTM A 615 Specification for Deformed and Plain Billet -Steel Bars for Concrete Reinforcement ASTM A 740 Specification for Hardware Cloth (Woven or Welded Galvanized Steel Wire Fabric) ASTM C 42 Test Methods for Obtaining and Testing Drilled Cores and Sawed Beams of Concrete ASTM C 150 Specification for Portland Cement ASTM C 309 Specification for Liquid Membrane - Forming Compounds for Curing Concrete ASTM C 642 Test Methods for Specific Gravity, Absorption, and Voids in Hardened Concrete 2. Manufacturer's latest literature and data sheet: D. Submittals Contractor shall submit the following documents for review by the Engineer. The review and /or approval by the Engineer shall not relieve the Contractor of responsibility from compliance with the drawings and specifications. Submittals shall be made sufficiently ahead of repair to allow the Engineer to review (10 working days) and to allow for any re- submittals that may be required. 1. Prior to starting the work, submit the following information: a. Proposed methods of preconstruction testing, construction testing, and shotcrete application. b. Data on the equipment to be used. c. Proposed pre - packaged mortar characteristics, including suppliers data sheets. c. Results of the preconstruction testing. d. Proof of Certification of Nozzleman. 2. Additional requirements as specified in Section 3330, General Repair Requirements. i;�;� . , 01 E. Quality Assurance • SP 26 OF 40 1. Quality Assurance shall conform to Section 3330, General Repair Requirements. 2. Additional requirements for Shotcrete repair shall be as follows: a. Shotcrete applier shall be certified per ACI 506.3R, Guide to Certification of Shotcrete Nozzlemen, which shall be performed by a licensed testing laboratory. b. Preconstruction testing according to ACI 506.2, Specification for Shotcrete, shall be performed prior to execution of the work on the structure. PART2- PRODUCTS A. Materials 1. Mortar material shall be pre - packaged, microsilica or silica fume - enhanced, cementitious material. The Contractor is not restricted from using components which, based on the Contractor's experience, produce the best results, as long as the final product meets the performance requirements of Subsection Section 3331.2.8. The general requirements of ACI 506R shall also be observed. 2. Requirements for reinforcing steel and all components of shotcrete mix other than cement shall be as per ACI 506.2, Specification for Shotcrete. 3. Deliver, store, and handle materials to prevent contamination, segregation, corrosion and damage. Store liquid admixtures in order to prevent evaporation. 4. Materials for filling of core holes shall be the same as that used for trowel repairs (Section 3332). B. Performance Requirements 1. The average compressive strength of three shotcrete cores tested at 28 days according to ASTM C 42 shall be no less than 6,000 psi; and for any individual core in the group shall be no less than 5,000 psi. The 7-day testing shall have a compressive strength of no less than 70% of the 28 -day strength. 2. The maximum water absorption of the cores shall not exceed 6 percent as per ASTM C 642. 3. The cores shall meet the minimum requirements of Grade 2 as per ACI 506.2. Cores shall not be taken from in -place shotcrete unless directed by the Engineer. l • PART 3 - EXECUTION A. General Requirements 1. Shotcrete shall be placed by the dry-mix process. 0 SP 27 OF 40 2. All basic operations for the installation of shotcrete shall be performed in full compliance with the detail descriptions and requirements contained in ACI 506R, Guide to Shotcrete, and ACI 506.2, Specifications for Shotcrete. 3. Where the requirements contained in the ACI documents contradict these Specifications, these Specifications shall govern. B. Concrete, Shotcrete, and Gunite Removal The extent of removal shall conform to SECTION 3330, General Repair Requirements. C. Addition and Replacement of Reinforcing Bars Addition and replacement of reinforcing bars shall conform to Section 3330, General Repair Requirements. D. Surface Preparation 1. Exposed reinforcing bars and other steel components shall be cleaned of corrosion products to a level of cleaning corresponding to SSPC -SP6 3.3.3.2, Commercial Blast Cleaning. 2. All other surface preparation requirements including sequencing, techniques, and procedures for abrasive blasting, cleaning, washing, pre - wetting, etc. shall be as described in ACI 506R, Section 5.2. 4. Dampen surface with fresh water. Substrate shall be saturated surface dry with no standing water during application. 5. All necessary precautions shall be taken to prevent abrasive blasting contaminants from entering harbor waters. Confined blasting shall be performed where feasible. Confined blasting includes, but is not limited to, enclosing the material /area to be blasted with structures such as metal shrouds or canvas. 6. Shotcrete placement shall commence only after the prepared repair locations have been inspected and approved by the Engineer, and the "As- Repaired" dimensions have been recorded as described in Section 3330, General Repair Requirements. • • SP 28 OF 40 E. Reinforcing of Shotcrete Application Reinforcement of shotcrete shall be as described in ACI 506R, Sections 5.4 and 5.5 and with the following additional requirements: a. Provide a layer of welded wire fabric where depth of repair is 3 inches or greater, and no other reinforcement is present. The welded wire fabric shall be ASTM A 740, galvanized, and have a minimum wire spacing of 3 inches. All studs, nuts, and other items used to attach the mesh shall be galvanized. Welded wire fabric shall not contain rust, scale, oil, grease, clay, and other foreign substances that would reduce the bond. F. Shotcrete Placement 1. Shotcrete placement procedures shall be as described in Chapter 8 of ACI 506R, the manufacturer's latest data sheet and instructions, and with the following additional requirements as detailed in this section. 2. The shotcrete shall be applied no later than 4 hours after the completion of the surface preparation. If this requirement cannot be satisfied, Contractor shall perform additional cleaning at the same repair location prior to application of shotcrete. After additional cleaning, the condition of the reinforcing steel and concrete surfaces shall meet the requirements of Section 3331.3.D. 3. Effort shall be made to complete the shotcrete build -up at specific locations without letting the lower layers harden completely. All requirements for multiple layers described in Section 8.5.8 of ACI 506R shall be strictly enforced. Inspection and approval by the Engineer of the surface to receive the final layer of shotcrete shall be obtained. 4. The texture of the shotcrete surface may be as rough as the mix components and placement techniques allow. However, the general profile (or cross - section outline) of the repair patch shall be sufficiently even to allow effective control of the thickness of the material in place. The out -of -line tolerances shall not exceed 1 inch for a 5 -inch template set anywhere against the surface of the finished shotcrete. These criteria, for the degree of evenness of shotcrete in place, shall not be extrapolated (e.g. 2 -inch tolerance for 10 -inch base, etc.). 5. Remove shotcrete that lacks uniformity, contains secretion, honeycombing, laminations, dry patches, voids, sand pockets, sand lenses, sagging, or incomplete encasement of reinforcement. Place additional shotcrete as indicated above. 0 • SP 29 OF 40 G. Finishing The shotcrete in place shall have a natural finish. The Contractor shall not screed, level, or disturb the repair material after final placement. H. Curing Two layers of curing compound which meet the requirements of ASTM C 309, or watering 2 times a day for 7 days, are required for curing of finished shotcrete. 1. Inspection and Testing 1. Preconstruction Testing a. Preconstruction testing shall be performed on test panels according to the complete set of requirements described in Section 1.6.1 of ACI 506.2. b. The Contractor shall prepare two sets of panels as follows: 1) In each of the positions without reinforcement 2) With #6 reinforcing steel installed at 1 inch from the panel's back surface and with variable spacing of 2 to 4 inches between reinforcing bars c. The panels without reinforcement shall be a minimum of 5 inches thick and shall be large enough to yield three cores for compressive strength test and for water absorption test. These panels shall be shotcreted over the roughened concrete surface. Precast concrete plates of the necessary minimum size should be either acquired or specially made. d. The compressive strength and water absorption of the cores from the non- reinforced test panels shall meet the requirements in Subsection 2.2. e. The reinforced panels shall be a minimum of 30- inches by 30- inches and shall have a total thickness of a minimum of 5 inches with a minimum of 2' /--inch cover over the reinforcement. f. The cores from the reinforced panel (three cores per panel) shall be evaluated visually by the Engineer and shall meet the requirements specified in Section 3331.2.6. 2. Construction Testing Perform construction testing in accordance with Section 1.6.2 of ACI 506.2. 0 • SP 30 OF 40 3. The following inspections and tests, as specified in Section 3330, General Repair Requirements, are also required: a. Inspection of prepared surface. b. Visual inspection of the final repaired area. c. Core samples as directed by the Engineer. d. Adhesion test of repair concrete or shotcrete to structural steel or concrete. Perform a pre - construction test for adhesion prior to actual application of each specific type of repair and material. Notify the Engineer and propose a solution if adhesion failure occurs. Do not proceed with actual repair until the pre- construction test results in a successful application. J. Measurement and Payment Payment will be made on the basis of the in -place volume of the shotcrete repair material. The volume of shotcrete repair at each repair location, to be used for payment purposes, will be the volume recorded in the "As- Repaired" column of Schedule on the drawings, in accordance with Section 3330, General Repair Requirements. 2. No payment shall be made for shotcrete cover exceeding 3 inches over the reinforcement bars or where shotcrete extends beyond 2 inches from the plane of the existing beam or deck, whichever measurement results in less volume. 3. Payment for providing and installing new reinforcing bars, welded wire fabric, welded studs, and fasteners shall be included in the unit price paid for the bid item for Shotcrete Repair. SECTION 3332 - -- TROWEL- APPLIED MORTAR REPAIRS PART1- GENERAL A. Scope of Work 1. Trowel (hand - applied mortar) repairs consist of furnishing transportation, labor, materials, equipment, and incidentals necessary for repairing areas of deteriorated concrete at locations identified in the drawings. Trowel repairs on this project are generally specked for defects which are relatively small and isolated. Larger defects are typically scheduled for shotcrete repair (Section 3331) or cast -in -place repair (Section 3333). B. Related Work Section 3330 GENERAL REPAIR REQUIREMENTS Section 3331 SHOTCRETE REPAIRS Section 3334 EPDXY INJECTION REPAIRS Section 3335 CRACK SEALING REPAIRS C. Reference Documents • SP 31 OF 40 All work shall be performed according to the following documents: 1. Steel Structures Painting Council (SSPC) SSPC -SP6 Commercial Blast Cleaning 2. ASTM specifications listed in the repair material manufacturer's latest literature and data sheet. D. Submittals The Contractor shall submit the following documents for review by the Engineer. The review and /or approval by the Engineer shall not relieve the Contractor of responsibility from compliance with the drawings and specifications. Submittals shall be made sufficiently ahead of repair to allow the Engineer to review (10 working days) and to allow for any re- submittals that may be required. 1. A description of equipment to be used. 2. Material sampling and testing methods as specified in Section 3332.3.E. 3. Written application instructions. PART 2 - PRODUCTS A. Materials Trowel repairs on this project shall be performed using cement -based polymer modified mortar that can be applied by hand, using small tools (trowel) and /or by low pressure spraying. The repair material must be suitable for vertical application. 1. Trowel repairs shall be performed using one of the following approved materials: a. Emaco S 88 Cl, as supplied by Master Builders Technologies. b. SikaTop 123 Plus as supplied by the Sika Corporation. 2. Use of materials or products other than those specified shall require prior approval of the Engineer. I • • PART 3 - EXECUTION A. Concrete Removal SP 32 OF 40 The extent of concrete removal shall conform to Section 3330, General Repair Requirements. B. Addition and Replacement of Reinforcing Bars Addition and replacement of reinforcing bars shall conform to Section 3330, General Repair Requirements. C. Surface Preparation 1. Exposed reinforcing bars and other embedded steel components shall be cleaned of corrosion products to a level of cleaning corresponding to SSPC -SP6, Commercial Blast Cleaning. 2. Abrasive blasting contaminants shall be contained in accordance with all Environmental Protection Requirements. 3. Surface preparation of defects to be repaired by hand - applied polymer - modified cementitious mortars shall be performed with strict compliance to the manufacturer's requirements of the products used for repairs. 4. Placement of repair material shall commence only after the prepared repair locations have been inspected and approved by the Engineer, and the °As- Repaired" dimensions have been recorded as described in Section 3330, General Repair Requirements. D. Application 1. Apply repair materials with trowel - applied mortar per the manufacturer's latest data sheet and instructions. 2. The depth of the trowel - applied mortar shall be such that the finished surface is level with the adjacent existing concrete. The objective of the patch will be to provide concrete cover of at least 1Yz inches. However, this may not always be possible due to insufficient cover provided during the original construction. Prior to application of trowel - applied mortar, report to the Engineer any condition which may result in. less than 1 Y2-inch cover. The Engineer may call for building up the patch material in these areas depending upon aesthetics, tripping hazards, or other considerations. E. Inspection and Testing 1. Material Sampling and Testing • • SP 33 OF 40 a. Perform a pre - construction test for adhesion prior to actual application of each specific type of repair and material. Notify the Engineer and propose a solution if adhesion failure occurs. Do not proceed with actual repair until the pre - construction test results in a successful application. b. During the application of polymer mortar or concrete, submit to the Engineer a 2 -inch by 4 -inch specimen, but not less than 3 cylinders per batch, for testing, to ensure proper mixing, consistency, and setting time. c. Testing shall be ASTM methods listed in the material manufacturer's specifications. 2. Field Quality Performance Requirements a. The Engineer will evaluate bonding to existing concrete after the repair material has cured. b. The evaluation shall be performed by sounding, such as tapping with a blunt metal instrument. c. Detection of a hollow sound in any area shall be reason to suspect inadequate bonding, and Contractor shall then core each such area, as required by the Engineer, to determine bonding adequacy. 3. The following inspections and testing as specified in Section 3330, General Repair Requirements, shall be performed by the Contractor: a. Inspection of prepared surface. b. Visual inspection of the final repaired area. F. Measurement and Payment. 1. Payment will be made on the basis of the in -place volume of the trowel repair material. The volume of trowel repair at each repair location, to be used for payment purposes, will be in accordance with Section 3330, General Repair Requirements. 2. Payment for providing and installing new reinforcing bars, welded wire fabric, welded studs, and fasteners shall be included in the unit price paid for the bid item for Trowel - Applied Mortar. SECTION 3334 - -EPDXY INJECTION REPAIRS PART 1- GENERAL A. Scope of Work 0 • SP 34 OF 40 Epoxy injection repairs consist of furnishing transportation, labor, materials, equipment, and incidentals necessary for structurally repairing overstressing crack defects at the locations identified in the drawings. 2. Based on the results of the pre - construction inspection, the cracks to be repaired by epoxy injection have a maximum width in the range of 1/16 to 1/4 inch. Report to the Engineer if the actual crack width is outside of the indicated range. B. Related Work Section 3330 GENERAL REPAIR REQUIREMENTS Section 3331 SHOTCRETE REPAIRS Section 3332 TROWEL- APPLIED MORTAR REPAIRS Section 3335 CRACK SEALING REPAIRS C. Reference Standards All work shall be performed according to the following documents: 1. American Society of Testing Materials (ASTM) ASTM C 881 Specification for Epoxy- Resin -Base Bonding Systems for Concrete D. Submittals The Contractor shall submit the following documents for review by the Engineer. The review and /or approval by the Engineer shall not relieve the Contractor of responsibility from compliance with the drawings and specifications. Unless noted otherwise, submittals shall be made sufficiently ahead of repair to allow the Engineer 10 working days to review and to allow 10 working days for any re- submittals that may be required. The sequence and method of epoxy injection shall be submitted for approval to the Engineer at least one week prior to commencing work. 2. The product manufacturer's written instructions shall be submitted for approval to the Engineer at least one week prior to commencing work 3. Mixing and injection equipment data. 4. Epoxy Injection by pressure grouting requires considerable skill and experience. The Contractor shall be certified or approved by the epoxy manufacturer and is required to provide at least three references attesting to the Contractor's ability to perform this type of work. i• PART 2 - PRODUCTS A. General Is SP 35 OF 40 1. All materials shall be prepackaged and specially formulated for providing strong and durable structural bonding to concrete. a. The materials for pressure injection shall conform to ASTM C 881, Standard Specification for Epoxy -Resin Base Bonding Systems for Concrete. The resin for injection shall meet the requirements for Type IV, Grade 1 materials and the resin for crack sealing (prior to injection) shall meet the requirements for Type IV, Grade 3 materials of this standard. b. Epoxy injection repairs shall be performed using one of the following approved products: 1. SCB Concresive 1380, as supplied by Master Builders Technologies. 2. Sikadur 35 LV or Sikadur 52 resin, with Sikadur 31 Hi -Mod Gel or 3. Sikadur 23 for crack sealing, as supplied by the Sika Corporation. c. Use of materials or products other than those specified shall require the prior approval of the Engineer. PART 3 - EXECUTION A. General Requirements The repair of cracks by epoxy injection shall be performed in strict compliance with the manufacturers written instructions and process technology. The requirements cited below, in Section 3334.3.6 through Section 3334.3.E, are the general guidelines related to the job execution. B. Equipment 1. Mixing and injection equipment shall be approved by the Engineer prior to commencing work. 2. Injection equipment shall be capable of discharging the mixed epoxy at a pressure specified by the manufacturer and maintaining that pressure. 3. Equipment used to meter and mix the adhesive components and inject the mixed adhesive into the crack shall be of a positive displacement type. 4. Equipment shall have capability of maintaining the mix ratio for the injection adhesive prescribed by the manufacturer of the adhesive within a tolerance of 5 percent. C. Surface Preparation • SP 36 OF 40 Before repair work begins, all cracks shall be free from loose matter such as dirt or laitance and free from oil, grease, salt, marine growth, or any other contaminant. 2. Remove all loose concrete and edge spalls from cracks. Sealing of cracks and epoxy injection shall commence only after the prepared repair locations have been inspected and approved by the Engineer, and the "As- Repaired" dimensions have been recorded as described in Section 3330, General Repair Requirements. 4. Impactor type ports which require drilling into the concrete may be used provided that no reinforcing steel is severed or damaged during the operation. Port spacing shall be per the repair material manufacturer's recommendations. After injection and curing the impactor shall be removed and the void sealed with an epoxy grout. Use of ports other than impactor type must be approved by the Engineer. D. Sealing of Cracks The sealant shall be stored, handled, mixed and applied in strict accordance with the manufacturer's recommendations, including requirements for the protection of personnel and the environment. 2. The surface of the crack, where accessible, shall be sealed with epoxy paste adhesive. The layer of paste seal shall be placed over the crack as a strip with a minimum width of 1 inch and a thickness of approximately 0.25 inch. 3. The sealing paste should be prepared in small batches. The components of the paste shall be mixed according to the manufacturer's specifications. The amount of paste in the batch shall not exceed that required for an immediate application or for use within the period of time not exceeding the pot life of the mix. E. Epoxy Injection The epoxy material shall be stored, handled, mixed and applied in strict accordance with the manufacturer's written instructions, including requirements for the protection of personnel and the environment. 2. Epoxy Injection shall be performed as follows: a. Where cracks cannot be sealed all around due to access limitations, follow the manufacturer's written instructions regarding injecting with water and under low pressure to obtain a seal. 9 • SP 37 OF 40 b. Start injection at the widest point in the crack. Contractor shall mark cracks that vary in width prior to applying the sealant. c. Injection shall continue at the first port until refusal. Refusal is defined as the point at which the port will not accept more resin. If resin flows from adjacent ports, cap the port(s) and continue injecting in the first port. d. Once refusal occurs, hold pressure for a minimum of two minutes to allow pressure to fully develop within the crack. e. Move to the next port and repeat Steps b and c. If more than one port in the direction of movement has resin flow from the previous injection port, Contractor may skip the intermediate port(s) and move to the last port which has resin flow. f. Continue the injection process until the entire crack is filled and all ports are capped. 3. The face of the crack shall be finished flush with the adjacent concrete. There shall be no indentations or protrusions caused by placement of entry ports. F. Inspection and Testing The following inspections and tests, as specified in Section 3330, General Repair Requirements, are also applicable: • Inspection of prepared surface • Visual inspection of the repaired area • Core samples shall be required as directed by the Engineer G. Measurement and Payment Payment will be made on the basis of a unit price per linear foot of crack epoxy injected. The length of each crack, to be used for payment purposes, will be the length recorded in the "As- Repaired" column of the schedule on the drawings and in accordance with Section 3330, General Repair Requirements. SECTION 3335 -- -CRACK SEALING REPAIRS PART 1- GENERAL A. Scope of Work 1. Crack sealing repairs consist of furnishing transportation, labor, materials, equipment, and incidentals necessary for sealing of thin cracks at the locations indicated on drawings. 41 • SP 38 OF 40 2. Based on the results of the pre - construction inspection, the cracks to be repaired by sealing have a maximum crack width of 1/16 inch. Report to the Engineer if the actual crack width exceeds this limit. B. Related Work Section 3330 GENERAL REPAIR REQUIREMENTS Section 3331 SHOTCRETE REPAIRS Section 3332 TROWEL- APPLIED MORTAR REPAIRS Section 3334 EPDXY INJECTION REPAIRS C. Reference Standards All work shall be performed according to the following documents: ASTM specifications listed in the repair material manufacturer's latest literature and data sheet. PART2- PRODUCTS A. Materials 1. All materials shall be prepackaged and specially formulated for providing a strong and durable protective sealing with high adhesive strength to concrete. a. The material for sealing cracks shall be urethane or polysulfide -based materials for all areas except wearing surfaces. b. Crack sealing in the sidewalks and other wearing surfaces shall be performed using a gravity feed, epoxy sealer. c. Crack sealing repairs shall be performed using the following approved materials: 1. Sikaflex -1 a Urethane Sealant, as supplied by the Sika Corporation. 2. Ultra sealant, as supplied by Sonnebom. 3. Ceilcote EJ 4 elastomeric joint sealant, as supplied by Master Builders Technologies. d. Use of materials or products other than those specified shall require the prior approval of the Engineer. PART 3 - EXECUTION A. Surface Preparation 1. At all areas except wearing surfaces: • • SP 39 OF 40 a. The crack and a strip of concrete at least 3 inches wide on both sides of the crack shall be cleaned of any debris, contamination, dust and foreign matter by sandblasting, with subsequent final cleaning by air. The cleaning shall extend at least 6 inches beyond the visible ends of the crack unless the crack is located at the end of a member. b. If any signs of oil or grease remain, degreasing agents shall be applied to provide a firm, clean and oil -free substrate. c. No water - jetting shall be used for cleaning of cracks located above the tidal zone in order to avoid unnecessary wetting of the prepared surfaces. However, high - pressure water cleaning can be used below the high -water elevations. d. Sealing of cracks shall commence only after the prepared repair locations have been inspected and approved by the Engineer, and the "As- Repaired" dimensions have been recorded as described in Section 3330, General Repair Requirements. 2. Sidewalks and other Wearing Surfaces: Wearing surfaces shall be prepared in accordance with sealer manufacturer's specifications. B. Routing of Cracks 1. Only those thin cracks identified for sealing that exhibit corrosion staining shall be routed. 2. Those cracks identified shall be routed so that the minimum surface width of the groove /crack is 0.375 inches. C. Sealing of Cracks Cracks at locations other than wearing surfaces: The sealing material shall be applied no later than 4 hours after the completion of the surface preparation. If this requirement cannot be satisfied, the Contractor shall perform additional cleaning at the same repair location prior to application of sealing material to achieve a condition described in Section 3335.3.A. The sealing material shall not be applied to a wet surface. 2. The sealant shall be stored, handled, mixed and applied in strict accordance with the manufacturer's recommendations, including requirements for the protection of personnel and the environment. SP 40 OF 40 3. The sealant shall be applied as a continuous strip having a width of at least 1'/2 inches on both sides of the crack. The sealant shall extend at least 5 inches beyond the visible ends of the crack unless the crack is located at the end of a member. 4. Sealing of cracks by urethane or polysulfide -based materials is usually done using a putty knife. However, the Contractor is allowed to choose the method of application which, based on the Contractors experience, will provide the best quality of completed sealing and the highest adhesion to the concrete substrate. Cracks in Wearing Surfaces: The sealing procedure shall be in accordance with the sealant manufacturers specifications. D. Inspection and Testing 1. Prepared surface shall be inspected as specified in Section 3330, General Repair Requirements. 2. All sealed cracks shall be visually checked by the Engineer for signs of incomplete coverage, loose adhesion, etc. Loosely applied sealant, with areas of non - uniform thickness, spills, etc., shall be rejected. In the case of incomplete coverage, a second layer of sealant shall be applied. If poor adhesion is found, the sealant shall be removed prior to application of a new layer. E. Measurement and Payment Payment will be made on the basis of a unit price per linear foot of crack sealed. The length of each crack to be used for payment purpose will be the length recorded in the "As- Repaired" column of the schedule on the drawings and in accordance with Section 3330, General Repair Requirements. F: \USERS\PBWShareMC0ntra=WY 02 -03W DO ISLE BRIDGE REPAIR AND WATER MAIN REPLACEMENT G353MSPECS C 35M.dw 2.. 1003 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 7 July 22, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Lloyd Dalton, P.E. 949 - 644 -3311 Idalton @city.newport- beach.ca.us SUBJECT: LIDO ISLE BRIDGE REPAIR AND WATER MAIN REPLACEMENT - AWARD OF CONTRACT NO. 3538 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Affirm the categorical exemption. 3. Award Contract No. 3538 to DenBoer Engineering & Construction, Inc., for the Total Bid Amount of $634,074, and authorize the Mayor and the City Clerk to execute the contract. 4. Establish an amount of $50,000 to cover the cost of unforeseen work. 5. Approve a Budget Amendment in the amount of $111,740.00 from Account No. 7013- C5100277 to Account No. 7013- C5100673. DISCUSSION: At 11:00 AM on July 8, 2003, the City Clerk opened and read the following bid for this project: BIDDER TOTAL BID AMOUNT DenBoer Engineering & Construction, Inc. $634,074 �A -W3 ( *lr) Although only one bid was opened, the City Clerk received a 2nd bid about 3 minutes after the deadline for submittal of bids. Since delinquent bids may not be opened, the bid was returned unopened. The bid amount is 9% above the Engineer's Estimate of $580,000. The low bidder, DenBoer, possesses a General Engineering Classification "A" contractor's license as SUBJECT: Uod Isle Bridge Repair• Water Main Replacement —Avard of contract No. 3 July 22, 2003 Page: 2 required by the project specifications and has satisfactorily completed water and structure related projects for other Southern California agencies; however, DenBoer has not performed bridge repair or water main replacement projects. This project provides for constructing the following items of work on the Lido Isle bridge and on the utility systems leading onto and across the bridge: 1. Replacing concrete sidewalks on the bridge 2. Providing concrete, epoxy injection, shotcrete, and mortar repairs on the bridge and its wingwalls 3. Removing the top portion of the high southerly bridge railing and replacing it with an aluminum pipe railing to match the northerly railing as closely as possible 4. Replacing the navigation lighting and conduits on the bridge and lighting conduit and controller in Via Lido Park 5. Preparing surfaces and repainting the bridge 6. Replacing the primary Lido Isle water main in Via Lido between Lafayette Avenue and Via Lido Soud 7. Installing flex joints on the water main at each end of the bridge 8. Pressure testing and disinfecting the new water main system This work is needed to arrest the ongoing deterioration of steel and concrete in this 70 year -old bridge; to upgrade antiquated navigational lighting fixtures and lighting circuitry leading up to and across the bridge; and to replace a 70 year -old water main leading up to and across the bridge that had recently started leaking. The work will most likely necessitate: 1. Closing one traffic lane and one sidewalk along Via Lido between Lafayette Avenue and Via Lido Soud during most of the work hours 2. Using radio - equipped flagman to control one lane of traffic through the work zone during work hours 3. Closing the navigational channel under the Via Lido bridge for the duration of the project 4. Covering bridge sidewalk demolition openings at the end of each work day 5. Providing a temporary railing along the southerly side of the bridge whenever the top portion of the railing is removed and the sidewalk must be re- opened to accommodate pedestrian traffic Accordingly, the contract requires that the Contractor must obtain U. S. Coast Guard clearance for the work; obtain the City's approval of his schedule of work and his debris containment and collection program; and install navigation controls in the harbor scaffolding under the bridge, devices to collect and control debris on and under the bridge, and devices to control vehicle and pedestrian traffic along Via Lido between Lafayette Avenue and Via Lido Soud before work may commence. The contract also requires that all work be completed within 50 consecutive working days so that work may be finished by Thanksgiving. Normal working hours are 7:00 am to 4:30 pm Monday through Friday. Normal lane closure hours are 8:00 am to 4:30 pm SUBJECT: Uod Isle Bridge Repair a rater Main Replacement —Award of Contract No. 359 July 22, 2003 Page: 3 Monday through Friday. Access through the work site must be maintained at all times for emergency vehicles. The Lido Isle Community Association has agreed to reimburse the City for costs to remove and replace the southerly railing, not to exceed $30,000 (see attached LICA letter). This work will cause the southerly railing to match the northerly railing and open up the southerly view of the bay to motorists. Plans, specifications and estimate (PS &E) for the bridge work were prepared by Han - Padron Associates, LLP. PS &E for the water main replacement, the off - the -bridge lighting work and traffic control were prepared by the Public Works Department staff. Staff is recommending a Budget Amendment in the amount of $ 111,740.00 to accommodate this work. Unexpended funds from the FY 2002 -03 Alley Replacement Program were rebudgeted to the current capital improvement budget in anticipation of providing an additional source of funds for this bridge repair. Staff requests Council approval to transfer $111,740.00 from Account No. 7013- C5100277 to Account No. 7013- C5100673. Upon approval of the recommended Budget Amendment, sufficient funds are available in the following accounts for award of this project: Account Description Lido Isle Bridge Repair LICA Contribution for Railing Modifications Water Main Replacement Program ENVIRONMENTAL REVIEW: Account Number Amount 7013- C5100673 $391,750.00 7251- C5100673 30,000.00 7501- C5500578 262.324.00 Total $684,074.00 The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines. This exemption covers the maintenance and replacement of existing public facilities with negligible expansion of the facilities. A Categorical Exemption was prepared by the Public Works Department and filed with the County Clerk. Prepared 4/00a by: red � Lloyd 16alton, P.E. Principal Civil Engineer Attachments: Bid Summary LICA Letter Submitted by: r Stephen G. B d Im Public Works Director = Z UW a� W CL m a oc IL W Z L Ov CL z Z W f W 5 a w _z Q f C F 3 z z Q K a W a' W 0 C m J 0) O� O J I 111 I F F 0 W Y U W _ U ui Q q, O � O .O. o W m T � w J 111 �w W Q wW Z U'0 Z = W EL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 c ZO 0000000000800 000dood0000ppd O Y O O O N N N O O O dodppa S 00$ O (O N 0 o0o0000o 0 0000000 0 0 0 0 0 0 0 O O S S H ❑OOaDO(O O )AOi C6 N aD N R � N N =<O (O i0 ONA (ONN� A c FYI W t")N A N �O N r N O m Q m (j O o O C O O o 0 0 0 0 0 o 0 O 0 o 0 O 0 O 0 o o 0 0 0 0 0 0 0 0 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 00 0 0 o 200 °0(0o(°a(0n0o(0orn .. 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LL❑ O A m% E - w f m KK a4i Cj a' U co t L m -c c m- 4 6 ED CL c'> m ,5 e v y y a w y O c J J � p1 ma C c dUz - U� O -2> 0 y U c c a- d N U C= y N w_ C O N N• 3` a 3 m> C C O d o 0 v Cy m c C o= c, �¢ m m NU dQ 00 O C NN9a Wm> mAy >fnUE N -00y� > >jd -oUmUU o xU. o -01 a v O"OU E c E U =c J m («° m 9 E E y> 0 p W to O F- a UUwL)A a l0 c�>> <z N N z E 0m`a0 m A 0 of 0 U N J x2Ew y%, c N 5_ m =ww N m 0 EL 0 (L W N th V 10 fp r of O1 O .- N t7 V 10 t0 r m a> O N N< 10 t0 Iqlido isle community association 701 VIA LIDO SOLID. 1-100 ISLE NEWPORT BEACH. CA 92663 TELEPHONE: (949) 673 -6170 FAX: (949) 673 -6827 October 18, 2001 City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 RE: Lido Bridge Gentlemen: 0262001 L We are pleased to inform you that the Board of Directors of the Lido Isle Community Association approved $30,000 in funds to pay for the lowering of the railing on the south side of the Lido Isle Bridge to match the north side. We also approved the two tone paint arrangement. We will be available when the time comes to discuss this with you further. Thank you for your assistance in this matter. Sincerely, David Shockley President cc: LICA Board of Directors a nonprofit cooperative organization of all lido isle property owners Sity of Newport Beac* BUDGET AMENDMENT 2003 -04 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations PX Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: NO, BA- 003 AMOUNT: $111,740.00 Increase in Budgetary Fund Balance AND Decrease in Budgetary Fund Balance X No effect on budgetary Fund Balance This budget amendment is requested to provide for the following: To transfer expenditure appropriations related to Lido Isle Bridge Repair and Water Main Replacement, C -3538. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Division Number 7013 Account Number C5100277 Division Number 7013 Account Number C5100673 Division Number Account Number Division Number Account Number Signed: Signed: Description Description Description Street Alley Replacement Program Street Lido Isle Bridge Repair Administrative Apprgdal: City Manager Amount Debit Credit $111,740.00 $111,740.00 Z -f5 -03 Date �O Da Signed: City Council Approval: City Clerk Date *ty of Newport Beach BUDGET AMENDMENT 2003 -04 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations PX Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: NO. BA- - 003 AMOUNT: $111,7ao.00 Increase in Budgetary Fund Balance AND Decrease in Budgetary Fund Balance X No effect on Budgetary Fund Balance •_ 9�u3 This budget amendment is requested to provide for the following: To transfer expenditure appropriations related to Lido Isle Bridge Repair and Water Main Replacement, C -3538. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Division Number 7013 Account Number C5100277 Division Number 7013 Account Number C5100673 Division Number Account Number Division Number Account Number Signed: Signed: Signed: Description Description Description Street Alley Replacement Program Street Lido Isle Bridge Repair manci Approvvva /l' Administrati ice Director Administrative Appr al: City Ma ager City Council Approval: City Clerk Amount Debit Credit $111,740.00 ' Aubmak $111,740.00 Z —►S -o3 Date Da Date C- 3538 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH HAN- PADRON ASSOCIATES FOR LIDO ISLE BRIDGE REPAIR DESIGN SERVICES THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this 04v day of (9, ti 2003, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY") and Han - Padron Associates, LLP, whose address is 100 Oceangate, Suite 600, Long Beach, California, 90802, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS: A. On August 13, 2002, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT", for design services for the Lido Isle Bridge Repairs Project, hereinafter referred to as "PROJECT." B. CITY desires to enter into this Amendment No. 1 to compensate CONSULTANT for additional design services already provided that were outside the scope of the original AGREEEMENT. C. CITY also desires to enter into this AMENDMENT NO. 1 to reflect additional services to be provided that were not included in the original AGREEMENT, and to extend the term of the AGREEMENT to December 31, 2004. These additional services include the incorporation of design details and notes into CAD drawings based on the design work performed by others for repair of utilities supported by the bridge, including the water main and electrical bridge lights. D. CITY desires to compensate CONSULTANT for these additional professional services needed for PROJECT. E. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 1, as provided here below. 0 0 NOW, THEREFORE, the parties hereto agree as follows: 1. CONSULTANT shall be compensated for services performed pursuant to this AMENDMENT NO. 1 according to "Exhibit A" and "Exhibit B" dated April 18, 2003, and "Exhibit C" dated July 11, 2003 and attached hereto. 2. Total additional compensation to CONSULTANT for services performed pursuant to this AMENDMENT NO. 1 shall not exceed six thousand, five hundred fifty -eight and 001100 dollars ($6558.00). 2004. 3. The term of the AGREEMENT shall be extended to December 31, 4. 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. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 on the date first above written. CITY OF NEWPORT BEACH, A municipal corporatioy� APPROVED AS TO FORM: ( 'When G. Badum trector of Public Works City Attorney LL Han -Padron Associates.-kje- M Print Name: f: XuserslpbvAsharedlagreementslfy 02- 03\han -padmn - lido bridge -amend 1.doc ®HPA HAN- P.4 DRON ASSOCIATES E N G I N E E R S April 18, 2003 L1097.01 City of Newport Beach 3300 Newport Blvd P.O. Box 1768 Newport Beach, CA 92659 -1768 Attn: Mr. Lloyd Dalton, P.E. & Mr. Michael I Sinacori, RE Re: Revised Professional Services Proposal for Additional Support for Design of Repairs to the Lido Isle Bridge, Contract No. 3538 Dear Mr. Dalton & Mr. Sinacori: IeAlbit A Han - Padron Associates, LLP (HPA) is pleased to submit this revised proposal in response to your request for additional support for design of repairs to the Lido Isle Bridge. We have eliminated several work items and reduced our fee accordingly. We understand that the City of Newport Beach would like to include repairs to utilities, supported by the bridge, with the current plans to repair the bridge which we have already designed. THE ADDITIONAL DESIGN SUPPORT OBJECTIVES 1. WATER MAIN The City will be replacing the water main on the Lido Isle Bridge. The City will prepare separate drawings, cost estimate, specifications, and bid item list for the water main replacement, including a separate cover sheet with index. EPA will show the location of the water main on the bridge plan and reference the City's water main replacement drawings on the revised C -3538 "Lido Isle Bridge Repair' drawings. 2. NAVIGATION LIGHTS The City will be replacing the navigational light electrical lines and fixtures. HPA's current scope of work does not include any electrical design or detailing work. For the fixture detail, HPA will scan the manufacturer's catalog cut (provided by the City) and insert it into the drawing. HPA will detail the stainless steel (SS) lifting wire, the electrical chord, and method to hang and guide the fixture inside the structural tube. The conduit will be connected to the ends of the SS boxes on top of the tubes to facilitate pulling the wire through the conduit. HPA will reference the City's electrical replacement drawings for the offsite electrical work on Lido Isle and City property adjacent to the bridge. HPA will add Electrical Work (lump sum) to the Bid Item list and Engineer's Estimate. The City will provide the cost to be included in the Engineer's Estimate. A LIMITED LIABILITY PARTNERSHIP AN EQUAL OPPORTUNITY EMPLOYER OCEANGATE TOWER • 100 OCEANGATE • SUITE 650 • LONG BEACH, CALIFORNIA 90802 • TEL. (562) 590 -6032 • FAX (562) 590 -6042 City of Newport Beach Page 2 April 16, 2003 BRA will prepare as built drawings based on the contractor's mark ups. The City will provide all other construction services for the electrical work including answering RFI's and reviewing submittals. 3. STREET LIGHTING HPA will show the location of the existing bridge lights on the revised C -3538 "Lido Isle Bridge Repair" drawings. DATA TO BE PROVIDED BY THE CITY 1. Water Main project Title and Number. 2. Offsite Electrical project Title and Number. 3. Navigational Light Fixture catalog cut (picture or drawing). 4. Electrical notes/specification text (word file) for HPA to add to the drawing 5. Lump sum cost for electrical work in contract C -3538. ASSUMPTIONS AND LIMITATIONS This proposal is predicated upon the assumptions that the notice -to- proceed will be a modification to the original design contract, all terms and conditions will be the same. and close coordination will be maintained with the City to meet the City's schedule of advertising and awarding the repair contract. SCHEDULE We are prepared to begin the work within one day of receipt of a notice -to- proceed (NTP) from the City of Newport Beach. It is anticipated that a design for review will be submitted within one (1) week of the NTP. It is anticipated that the 100% will be submitted within one (1) week of receiving review comments from the City. FEES AND TERMS HPA proposes to provide the above - described services on a lump sum basis as follows: Task 1— Data Gathering & Meetings $ 790 Task 2 — Modifications to Design of Repairs $ 4,270 Task 3 — Construction Services $ 444 TOTAL Invoicing will be monthly based on percent complete as estimated and mutually agreed using the earned value method. A break down of this Cost Estimate is included as Appendix A. HAN- PADRON ASSOCIATES, LLP • • City of Newport Beach Page 3 April 16, 2003 We sincerely appreciate the opportunity to submit this proposal. We look forward to continuing our professional relationship with the City of Newport Beach. Please call me directly at (562) 590 -6032 should you have any questions or comments on this proposal. Very truly yours, HAN- PADRON ASSOCIATES, LLP 4 k Ronald E. Heffron, P.E. Regional Manager/Partner CHG /cg Attachments p:lprojec1s12002U1097 - lido isle bridge repair design \proposal Iv -mod 1 rev 2.doc HAN- PADRON ASSOCIATES, LLP � M R CL W m U. 0 Z a V5 W 0 O U. H O a co J Q Z `0` r Q Q a W m H O IL W Z �W V M�ry� LV W Q J N 0 0 J Exhibit B O Z W IL IL Q o o o g 6 n 6 o0 m m O (h N O N wwwwwww www w ww w p Z x In o = c W W m N O N O O N O CIO J O a a s w w M of Y m - Al R 0 ~ ¢ w Q g O a 10 n N Q 7 f F QQ y ww f N x C U o o a c F 0010 w O cl N a « jj u e 3� ~ m G % m CIS a w? c �o m � u5 ww 4 O O O O O q p QxQ F Y N N P W N p00 Y 6 � Y Q T � O Y g F 'u m y¢ a m n L N F 2 c o m ° m m n m c F w e Q F- o` a`OinO W000�0 Exhibit B O Z W IL IL Q 07411/2003 16:59 FAX • 4 � PA HAN- PA DRON ASSOCIATES ENGINEERS City of Newport Beach 3300 Newport Blvd P.O. Box 1768 Newport Beach, CA 92659 -1768 Attu: Mr. Lloyd Dalton, P.E. July 11, 2003 Job No. L1097.01 Q 002 Exhibit C Re: Contract #3538 Lido Isle Bridge, Design of Repairs Authorized Additional Work as it pertains to Invoice No.: 01- 1,1097.01 -4 Dear W. Dalton: Han -Padron Associates (HPA) is pleased to submit this explanation of authorized addition work in response to your request. The enclosed letter dated January 15, 2003 includes all comments from the City of Newport Beach to our design submittal. The letter included a Notes column which itemized comments which where out of scope. On January 15, 2003, Mr. Lloyd Dalton authorized EPA additional fees to incorporate the out of scope items in the design, as long as EPA kept track of the costs and kept them to a minimum. HPA performed the requested out-of-scope design modifications for 6 hrs of Sr. Engineer time and 4 hrs of CAD Technician time for a total additional cost of $1,058.00. We certify that this cost is fair and reasonable for the amount of additional work performed. We sincerely appreciate the opportunity to submit this explanation. We look forward to continuing our professional relationship with the City of Newport Beach. Please call me directly at (562) 590 -6032 should you have any questions or comments on this proposal. Very truly yours, HAN- PADRON ASSOCIATES, LLP Charles Garrison Project Manager CHG /cg c: R. Heffron Attachments pipr0jn;tsX2002W 097 - lido isle bridge repair desigoxproject mangemenAlask 2a justificatimAm A LIMITED LIABILITY PARTNERSHIP AN EQUAL OPPORTUNITY EMPLOYER OCEANGATE TOWER • 100 OCEANGATE • SUITE 650 • LONG BEACH, CALIFORNIA 90902 • TEL. (562) 590.6032 • FAx (562) 590 -6042 07-/, 11/2003 16:59 FAX • • IM003 j= ,�:i:::�.,nROr� assr;r•��:res January 15, 2003 Job No. L1097.01 Task 2 City of Newport Beach Public Works Department 3300 Newport Blvd Newport Beach, CA 92658 -8915 Attn: Nfr. Lloyd Dalton Reference: Lido Isle Bridge Repair, Newport Beach, Contract #3538 Scope of Work and Response to Review Comments Dear Mr. Dalton, We are finalizing the drawings, special provisions, and cost estimate according to your comments received on January 13, 2003. We are also double checking to make certain we have addressed your previous comments. This letter provides a summary of work to complete as we understand it. Some of the items listed below appear to be outside our original scope of work. As we discussed today, I will keep track of the extra hours for painting. 1 will let you know if it will be more than the five hours you suggested. The other extras are minor so we can do them within our original budget. DRAWING COMMENTS Drawing Comment or Description HPA Response and Questions Notes Sheet and Comment 1 - 1 Need special provisions & HPA will update and resubmit estimate 1 - 2 Title Block: Remove 3 °Approval HPA will remove text Recommended boxes. In °Approvar box, remove "Senior Civil Engineer' 2 - 1 Navigational light conduit HPA will note on Sheet 2 and show typical attachments on North side detail on Sheet 7 2-2 FlII North rail post pockets This is covered on Sheet 7 2-3 Show repaint areas HPA will add a note describing areas as we Not in scope. discussed today, 2-4 Show electrical service and Where is the conduit? Electrical system is conduit not in scope but HPA will add the box to the Ian view. 07/11/2003 16:59 FAX • • IM 004 City of Newport Beach Page 2 January 15, 2003 DRAWWG COMMENTS Drawing Comment or Description HPA Response and Questions Notes Sheet and Comment 2-5 Section C revision – exp. Joint HPA will change sealant etc. but will not Existing design was sealant prepare a separate specification. What Is the based on the "green trade name for the sealant, bond breaker, book" spec. (will and backer rod desired? HPA will spec revise detail and these orequal, on the drawincl. notes 2-6 Existing slab reinf. HPA will show existing reinf. Cut and new bars doweled in as you suggested by hone. 2-7 Show conduit In new concrete Conduits, demolition, and new rail work are The purpose of this shown on Sheet 7. Ref. only is made here. If Section is to show conduit is shown, everything should be Side,vaik shown. Therefore, leave as is. Modifications. 2-8 Show slab thickness Will add 2 -9 How to replace bulbs (weld The weld is to connect the tube to the box. circled) The top of the box is removable. Please see Section D 2-10 Show electrical detail in pipe HPA's scope does not include specifying or Electrical detailing detailing electrical components. Previous and design is not in discussion said to show electrical items with scope the note 'Replace In kind" HPA will add note. 2-11 Specify globe and attachment Same as Item 2 –10 and Note 4 on Sheet 2 2-12 Title block: Reprove all 4 approval HPA will delete text boxes 3-1 Show repaint See 2 – 3 Not in scope 3-2 Existing Nelson studs: Replace as HPA will add "Replace as directed by the needed Engineer". As discussed this will not be a unit price bid item and will not be in the schedule of repairs. 3 -3 Same as2 -12. 4-1 Where is Section A taken? See detail for Stirrups & Ties 4 -2 Add Nelson studs to table, qty : If the contractor bids a high unit price on a 10? small quantity, he can later damage all of them and bill the City at the high price. It's cheaper to let him bid on replacing all without a separate bid Item). 4 -3 Same as2 -12. Fast & West call out HPA will correct —5-1 5-2 Remove, clean, polish, re- lacquer, HPA will add note but will not specify Not in scope but this and reinstall dedication plaque. materials or methods and will not provide Is a minor Rem to construction services for this work. add a note only. 5-3 Question about Section A This was answered by telephone on Jan 8. Section shows 1 to inch concrete removal and replacement on three sides. 5 -4 Same as2 -12. 6 -1 Same as2 -12. 7-1 Show existing rail dimensions HPA will add 7-2 Add to the note HPA will add "pockets" 7-3 Need pipe rail & anodizing detail & HPA has provided pipe details similar to the Specs drawings for the existing pipe mils. HPA will add specs using the sample from the Balboa Brigge Beautification Project 7 -4 Same as2 -12. 0.7/11/2003 17:00 FAX • • U005 City of Newport Beach Page 3 January 15.2003 SPECIAL PROVISION & ESTIMATE COMMENTS Item Comment or Description HPA Response and Questions Notes Proposal form Pg. 1 Change Island to Isle Done Proposal form, Pg. 3 Change Item 11 to Handrail Done. Construction and Item 13 to Navigational Light Conduit Attachment Spec. Prov. Pg. 1 Chan a Island to Isle Done Spec. Prov., Pg. 1 Notes 'To be prepared by HPA is only preparing the technical sections, Not in scope CNB" are circled but not the Introduction or PART 1, General without comment. Provisions. What does the circles mean? Spec. Prov., Pg. 3 Delete "Add the following The Special Provision document tells the new PART 7 after PART 6, contractor what to add to or delete from the SECTION..." Standard Specifications for Public Works Construction (Greenbook). The text is required to edit the Greenbook. SECTION 03330, Various editorial comments HPA will revise General Repair Requirements Cost Estimate, Drawings only show one HPA will lump these together in the estimate Telephone comments item for trowel applied the same as the bid item list. The unit cost on January 6, 2003 repairs, not smooth & is almost the same. textured. Cost Estimate, Make sure that Cost HPA will review the documents. Concrete Telephone comments Estimate, Bid Item list, and modifications for the handrail will be grouped on January 6, 2003 Drawings are consistent with concrete for the knee braces. Handrail and clearly Identify the will be lump sum. items to be measured for a ment. SECTIONS 03331, HPA will revise these according to the 03332, 03334, and previous 75% comments. 0335 The drawings, with your comments numbered, is attached for your reference. We sincerely appreciate the opportunity to have provided these services to you. Please call me at (562) 590 -6032 if you have any questions. Very truly yours, i HAN- LLP tephen Structural Engineer P:lpmjects\2002U1097 - lido isle bridge repair design\cmt Itr 01 -03 -03.doc c: Chuck Garrison Ron Heffron ACORD IM ,CERTIFICA*OF LIABILITY INSURAN& DATE 7/2288//003 3 PRODUCER THIS CERTIFCATE IS ISSUSED AS A MATTER OF INFORMATION Prosurance Brokerage Associates, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 111 Broadway, Suite 1404 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR New York, NY 10006 -1901 ALTER THE COVERAGE AFFORDED ST THE POLICIES BELOW. Phone: (212) 693 -1550 Fax: (212) 406 -0924 INSURERS AFFORDING COVERAGE INSURED HAN- PADRON ASSOCIATES, L.L.P. 100 Oceangate, Suite 650 Long Beach, CA 90802 INSURER A: VALLEY FORGE INSURANCE COMPANY ......................................................................... ............................... INSURERS: CONTINENTAL CASUALTY COMPANY INSURER C: .............................. _. _. _. _. _...... _. _... _.... _.............. _......................., INSURER D: ........................................................................... ............................... INSURER E: 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 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL P.O. Box 1766 ............ .......................................................................................................................................................................... N� ' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION Lm ............................... LIMITS RkPRESENTATIVES. DATE MMIDD DATE MWDDP/Y AU RREDREP ESENT GENERAL LIABILITY i EACH OCCURRENCE i $1,000,000 j ®COMMERCIAL GENERAL LIABILITY i i i :,.__.._..__._._..._._....,... FIRE DAMAGE (Anyone fire) $100,000 ;._......____.._._.._..._-____- .___.__..__.._._._.___.._i ❑❑ CLAIMS MADE ®OCCUR i ________.�.:._...,.........____ MED EXP (Any one person) $10,000 ... A ,.. 0 .................................... ............................... ..PERSONAL ,..... ............................ ............................... ..............i 1- 31522536 11/05/01 11/05104 ;............................................ .. B ADV INJURY ..........;...a1.000.D00.... ........ .....:......................... ❑ i GENERAL AGGREGATE $2,DOO,DDO } GEN'LAGGREGATE UIVI APPLIESPER: :' } PRODUCTS - COMP /OP AGG ' ,0000 .........................................................................:............................... ❑ POLICY ® PROJECT ❑ LOC i .........................q..u0, .. AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,001) ® ANY AUTO ! i (Ea accident) i ................................................ ..............................: ... ❑ ALL OWNED AUTOS i ' .... ......r......... ........................ .................... BODILY INJURY ........... .... $ ....... .. ._ -_ i A ❑ SCHEDULED AUTOS ° (Per Person) - -- -- B 1031522567 11105102 11/05/03 - .- _.________.__.._.__....._ 5 -- - - ® HIRED AUTOS i BODILY INJURY $ ® NON-OWNED AUTOS i i ° (Per accident) > j ❑ i ................................ PROPERTY DAMAGE ........... .......... $ .._....._—.._....._._.._...._ .... ..............................i i (Per scciderd) GARAGE LIABILITY i AUTO ONLY - EA ACCIDENT ? § i.................................................... ❑ ANY AUTO _.... .............................. O THER THAN FAdG.G :. $... ❑ AUTO ONLY: AGG _`._. $ i EXCESS LIABILITY i EACH OCCURRENCE i 10,000.W0 ® OCCUR ❑ CLAIMS MADE i AGGREGATE 10,000,000 A 2049768908 11105/02 11/05/03 .................................................... ............................... $ i ❑ DEDUCTIBLE i i $ i ® RETENTION $10,000 ': j ....................... ..................... ............. .. .................. WORKERS COMPENSATION AND NCS0011 : U OTH- EMPLOYERS'LIABILITY __ i TOZY UNITS i ER E.L. EACH ACCIDENT i §_ i E.L. DISEASE- EAEMPLOYEE $ _ E.L. DISEASE -POLICY LIMIT i § B i $2,000,000 per claim & annual ENGINEERS PROFESSIONAL AEN 113766463 07/09/03 07/09/04 aggregate of all claims made LIABILITY INSURANCE i during the policy period. DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS AS RESPECTS COMERCIAL GENERAL LIABILITY, THE FOLLOWING IS INCLUDED AS ADDITIONAL INSURED: CITY OF NEWPORT BEACH REFERENCED PROJECT: LIDO BRIDGE REPAIR DESIGN CERTIFICATE HOLDER ❑ ADDITIONAL INSURED; INSURER LETTER: CANCELLATION ACORD 25-S (7/97) C_�) o ACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TXE EXPIRATION CITY OF NEWPORT BEACH DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL n DAYS WRITTEN 3300 Newport Boulevard NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL P.O. Box 1766 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Newport Beach, CA 92658.8915 RkPRESENTATIVES. Attn: Shari Rooks, Public Works Specialist AU RREDREP ESENT ACORD 25-S (7/97) C_�) o ACORD CORPORATION 1988 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). DDAODOAOOOAODOAOOOAODOA DDOOODOOOOOODOOOOO00000000000a000aaoa0000aooa00000❑ ns of the pm#ogpamdaMdpcheieamtiaA statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 -S (7/97) Wr PROFESSIONAL SERVICES AGREEMENT FOR LIDO ISLE BRIDGE REPAIRS THIS AGREEMENT, entered into this /"ay of g�� 2002, by and between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City"), and Han - Padron Associates, whose address is 100 Oceangate, Suite 650, Long Beach, California, 90802, (hereinafter referred to as "Consultant "), is made with reference to the following: RECITALS A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to construct repairs to Lido Isle Bridge ( "Project"). C. City desires to engage Consultant to provide professional services for design level inspection and data gathering, structural analysis, design of necessary repairs, and construction services for the above Project based upon the terms and conditions contained in this Agreement. D. The principal member of Consultant for providing professional services for Project will be Ronald E. Heffron, P.E., Regional Manager. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and -1- 0 desires to contract with Consultant under the terms and conditions provided in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the 151 day of August, 2002, and shall terminate on the 31" day of December, 2003, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed the total contract price of forty thousand and 001100 Dollars ($40,000.00). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, -2- �Y computer printing, postage and mileage. 3.2 Consultant shall submit monthly progress invoices to City payable by City within thirty (30) days of receipt of invoice. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit 'B ". 3.4 City shall reimburse Consultant only for those costs or expenses, which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. Costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultants supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who -3- are not employed by City nor have any contractual relationship with City. Consultant represents to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents to be the agents or employees of City. Consultant shall have the responsibility for and control over the details and means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies, which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all M! phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Ronald E. Heffron, P.E., to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City s approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and Consultant shall perform the services in accordance with the schedule specified below. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City and assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays, which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. -5- 'S 0 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition, which purportedly causes a delay, but not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances by telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant shall discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator. 11. PROGRESS Consultant is responsible to keep the Project Administrator informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 9 r 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against 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 negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attomeys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as -7- M' described herein. 0 Insurance policies with original endorsements indemnifying Project for the following coverages shall be issued by companies admitted to do business in the State of California and assigned Bests A- VII or better rating: A. Worker's compensation insurance, including "Wavier of Subrogation" clause, covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance, including additional insured and primary and non - contributory wording, covering third parry liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance, including additional insured (and primary and non - contributory wording for waste haulers only), covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance, which covers the services, to be performed in connection with this Agreement in the minimum amount of M one million dollars ($1,000.000.) Said policy or policies shall be endorsed to state that coverage shall not be canceled by either parry, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, which Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing workers compensation, comprehensive general, and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation, which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint 19 venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty-five percent (25 %) or more of the assets of the corporation, partnership orjoint- venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept -10- confidential unless City authorizes the release of information. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall field review to verify the accuracy of information provided by City or others. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. All reproduction shall be the responsibility of Consultant. 18. ADMINISTRATION The Public Works Department will administer this Agreement. Lloyd Dalton, P.E., shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the 510 E Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be bome by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the -12- 0 California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. -13- 0 All notices, demands, requests or approvals from Consultant to City shall be addressed to City c/o: Lloyd Dalton, P.E. City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 (949) 6443328 Fax (949) 6443308 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Ronald Heffron, P.E. Han -Padron Associates 100 Oceangate, Suite 650 Long Beach, CA 90802 562 - 590 -6032 Fax: 562 - 590 -6042 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as SEE V 0 provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his/her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as -15- compared to contractor bids or actual cost to City. 31. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All drawings shall be transmitted to the City in the Citys latest adopted version of AutoCAD in ".dwg" file format. All written documents shall be transmitted to the City in the City's latest adopted version of Microsoft Word and Excel. 32. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. -16- IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: City Attomey ATTEST: By l�iv�— m.YV�r6C1�Q n City Clerk CITY OF NEWPORT BEACH A Municipal Corporation HAN- PADRON ASSOCIATES By: F: \USERS \PBWAShared\Agreements \FY 02- 03 \Han-Padron - Lido Isle Bridge.doo -17- 0 ®H PA HAN- PADRON ASSOCIATES E N G I N E E R S City of Newport Beach 3300 Newport Blvd P.O. Box 1768 Newport Beach, CA 92659 -1768 Attn: Mr. Lloyd Dalton, P.E. 0 Re: Professional Services Proposal for the Design of Repairs to the Lido Isle Bridge, Contract No. 3538 Dear Mr. Dalton: Han - Padron Associates (HPA) is pleased to submit this revised proposal in response to your request. The rehabilitation and upgrade of bridges and marine structures is one of the principal specialties of HPA. This proposal will show that HPA is a global leader in this specialized field, routinely setting the engineering standards that others simply follow. The Lido Island Bridge was constructed in 1929 and upgraded structurally in the late 1980's. We understand that the City of Newport Beach would like to construct the repairs to the bridge within the next two fiscal years (which began on July 1, 2002). THE REPAIR DESIGN OBJECTIVES In designing these repairs, we intend to explore cost - savings measures, alternative construction materials, and provide an aesthetically pleasing design for the best value to the residents and city of Newport Beach, California. The scope of work to be performed on the bridge is as specified in EPA "Investigation and Evaluation Report" dated January, 2001 (HPA Job No. L966 -01) with a few modifications and additions as follows: 1. Epoxy- inject three cracks on the back wall of East Abutment. Prior to the epoxy injection, the cracks will be routed along their length. 2. Repair one crack on the face of the East Abutment with crack sealer. Prior to repair, the concrete will be removed to the corroded reinforcement, the bar cleaned and the void patched with trowel - applied grout. 3. Repair notable corrosion defects on abutments using trowel- applied grout patches. All delaminated concrete around the open and closed corrosion spalls will be removed, and reinforcement exposed will be cleaned or replaced prior to the new grout being placed. 4. Provide drainage holes in abutments above high water. A LIMITED LIABILITY PARTNERSHIP AN EQUAL OPPORTUNITY EMPLOYER OCEANGATE TOWER • 100 OCEANGATE • SUITE 650 • LONG BEACH, CALIFORNIA 90802 • TEL. (562) 590 -6032 • FAX (562) 590 -6042 City of Newport Beach Page 2 July 25, 2002 5. Further investigate condition of steel channels. A few of the corroded areas on the channel shall be ground smooth and thickness measurements taken to determine their loss in cross - sectional area. Perform a structural Evaluation. If the channels are found to be structurally deficient, HPA will make recommendations to include repairs to assure the integrity of the bridge for another 15 to 20 years. 6. Replace both sidewalks. 7. Repair notable corrosion defects on concrete guardrails with trowel- applied grout patches. Remove the top portion of the southerly railing to match the northerly railing, and install a pipe handrail to match the northerly handrail. This work is to enhance the aesthetics of the bridge and open up the southerly bay view to motorists. Details for removing and replacing the southerly railing will be based on the City's 1976 plans for removing the northerly railing. 8. Replace the navigation light fixtures. The City will specify the lights to be installed, and HPA will design the attachment. 9. Any additional work recommended during Task 1 of our proposed scope of work and approved by the city. A break down of the Scope of Work by Task numbers is included as Appendix A. ASSUMPTIONS AND LIMITATIONS This proposal is predicated upon the following assumptions and limitations: • The City will provide original design drawings from 1929 and structural upgrade drawings from late 1980s. • The specifications will be written based on the CSI format which will reference in part the "Greenbook" Standard Specifications for Public Works Construction. • The City will apply for any permits required and coordinate with other Local, City, State or Federal government agencies. • The City will provide a previous design package as an example for drawing and specification standards as well as environmental compliance requirements. SCHEDULE We are prepared to begin the work within one week of receipt of a notice -to- proceed (NTP) from the City of Newport Beach. It is anticipated that the 75% design will be submitted within eight (8) weeks of the NTP. It is anticipated that the 100% will be submitted within four (4) weeks of City approval of the 75% design. HAN- PADRON ASSOCIATES, LLP City of Newport Beach Page 3 July 25, 2002 FEES AND TERMS HPA proposes to provide the above - described services on a lump sum basis as follows: Task 1 — Design Level Inspection & Data Gathering $ 12,000 Task 2 — Design of Repairs $ 22,400 Task 3 — Construction Services $ 5,600 TOTAL $ 40,000 Invoicing will be monthly based on percent complete as estimated and mutually agreed using the earned value method. A break down of the Scope of Work by Task numbers is included as Appendix A. A break down of this Cost Estimate is included as Appendix B. We sincerely appreciate the opportunity to submit this proposal. We look forward to continuing our professional relationship with the City of Newport Beach. Please call me directly at (562) 590 -6032 should you have any questions or comments on this proposal. Very truly yours, HAN- PADRON ASSOCIATES, LLP 4k�,Z Ronald E. Heffron, P.E. Regional Manager/Partner CHG /ao c: R. Heffron Attachments hAproposals\2002\pl846 - bdo isle bridge repair design\proposal Itr- revised.doc HAN- PADRON ASSOCIATES, LLP Scope of Work Lido Isle Bridge Repair Design The scope of services proposed for this project is grouped into three primary tasks, with multiple subtasks, as follows: Task 1— Design Level Inspection & Data Gathering 1.1 Data Gathering — HPA's will meet with City staff to collect existing drawings, specification formats, and a previously constructed project example package and to discuss relevant issues such as permits, environmental controls, traffic control, and coordination with other agencies. 1.2 Design Level Inspection and Steel Channel Investigation — HPA will send of crew of two engineers to perform above deck and under deck inspections to document repair quantities; to determine structural adequately of the steel channels located above the abutments and piers as described on page 34 of "Investigation and Evaluation Report" dated January, 2001 (HPA Job No. L966 -01); and to determine where drain holes can be provided in the face of the abutments. HPA will investigate damaged coating in up to six locations. If the corrosion requires that additional locations are needed, these additional locations will require extra compensation, which will be negotiated prior to undertaking. The inspection will damage the coating, which the contractor will be required to repair. 1.3 Structural Analysis — A limited amount of structural analysis will be performed to determine the adequacy of the steel channels located above the abutments and piers. If the steel channels are not adequate, HPA will submit a proposal to design the modifications. Task 2 — Design of Repairs 2.1 75% Submittal — The design level inspection results will be incorporated into provisions for repair work. This will include, but not limited to, drawings for: • Site Plan and General Notes • Demolition • Above Deck Plans • Under Deck Plans • General Repair Details • Abutment Repair Plans • Abutment Wing Wall Repair Plans • Channel Repair Plans • Sidewalk Replacement Plans • Southerly railing removing • Southerly railing replacing • Navigation light fixtures plan and details Detail plans and special provisions will be included in this submittal as well as a preliminary construction cost estimate. 2.2100% Submittal — After the 75% design has been approved by the City, HPA will proceed to 100% design. We intent to team with the City to provide the most professional and cost effective solutions. The 100% submittal will be provided to the City on paper format with appropriate submittal percent stamped on each drawing. Specifications will be provided in APPENDIX A HAN- PADRON ASSOCIATES ..1ti • • accordance with the CSI format, which will reference in part the "Greenbook" Standard Specifications for Public Works Construction 2000 with 2002 supplements. The final design will be provided in hard copies. Hard copies will include the design engineer's stamp and signature. An updated cost estimate will be included in the 100% design. Task 3: Construction Services 3.1 Questions during bidding. Respond to questions from bidders on as they relate to HPA's design work. 3.2 Respond to contractor questions and review submittals. Respond to requests for information (RFI). Reviews of contractor submittals. 3.3 As- Ruilts. Preparation of As -built drawings from City red line mark up drawings. Coordination with City on red line clarifications. APPENDIX A Project Scope- revised P1946.03 HAN- PADRON ASSOCIATES ,§ \ � 0 � o 0 § � k | | { 2/ k # LU k cc 2 § � k � � / / ED / k �� ! : °m °! ?«? ! �k ; k� ] ��. ; oo 0 ~ Cl) |!! ' ■ w §| � ■ � � - ■� - R R S z LU k a DID - § - - !! !| k � § a tt § , @ 2 � . Q - � @ | 0 z 0 7.#�f�`.! /Rmw#e]K« 0 � o 0 § � k | | { 2/ k # LU k cc 2 § � k � � / / ED / k �� . -ACORD CERTIFICA OF LIABILITY INSURA E DATE (M PRODUCER PROSURANCE BROKERAGE ASSOCIATES, INC. 111 Broadway, 14th Floor --Jy— �? '' " ��..! "1 D New York, NY 10006 -1901 �� ,-� (.__,: -� . (212) 693 -1550 i 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 INSURED - IIAN- PADRON ASSOCIATES, L.L.P. 100 Oceangate, Suite 650 1 Long Beach, CA 90802 L r) „ ,Ttrnent L ��,) n,i t 5_ " V NSURER A: VALLEY FORGE INSURANCE QQWANY SURER B: CONTINENTAL CASUALTY COMPANY SURER C: INSURER D: INSURER E: 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 T TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMBS A GENERAL LIABILITY CURRENCE $ 1 000000 DAM one tire) $ COMMERCIAL GENERAL LIABILITY COMMERCIAL CLAIMS MADE ® OCCUR 1- 31522536 1 110510 11/0 (Any one person) $ 10 000 L S ADV INJURY $ 1 000 BBB GENERALAGGREGATE $ 2,011),N9 GEML AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGO $2,000,000 POLICY rX,, PET lOC A AUTOMOBILE LIABILITY ANY AUTO OOMBINED SINGLE Ea accident ALL OWNED AUTOS SCHEDULED AUTOS BI- 31522567 11/05/01 11/05/02 BODILY INJURY (Per person) IX HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GAR AGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE $ 10, 00,000 A -jq OCCUR CLAIMS MADE AGGREGATE $ $ X Umbrella Liability DEDUCTIBLE 2049768908 11105101 11/05/02 $ X RETENTION $ 10,000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WCSTATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER B Engineers Professional $1,000,000 per claim & annual aggregate of Liability i AEN 1137664fi3 07/09/00 07/09/03 all claims made during the policy period. DESCRIPTION OF OPERATONSILOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS INCLUDED AS ADDITIONAL INSURED AS RESPECTS GENERAL, AUTO ONLY: CITY OF NEWPORT BEACH, PUBLIC WORKS DEPARTMENT, ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS WITH RESPECT TO WORK PERFORMED AT THE BAYSIDE DRIVE / MARINE AVENUE PRV RELOCATION PROJECT, CONTRACT NO. 3418 *WAIVER OF SUBROGATION TO BE INCLUDED- JOB #100 CERTIFICATE HOLDER I XI ADDITIONAL INSURED: INSURER LETTER: A CANCELLATION CITY OF NEWPORT BEACH Public Works Department 3300 Newport Blvd. Newport Beach, CA 92658 ATTN: Shaun Oyler SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ZNaffMOULMMAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT AUTHORIZED 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. 09/12/2002 11:41 FAX Q 003 Sep,ee-e2 05:13p Pro s�ance /Redeker 21206 -0924 p.2 CNA (-118158-) (Ed. 01/96) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: BUSINESS ACCOUNT PACKAGE POLICY BUSINESS LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: City of Newport Beach Public Works Department, Its Officers Offiicals, Employees & Volunteers (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section C.) 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 ongoing operations performed for that insured. It is further agreed that such insurance is afforded by this policy for the benefit of the additional insured(s) shown above shall be primary insurance, but only with respectto any claims, loss or liability arising out of the operationssof the named insured, his sub- contractors,.::and any insurance maintained by tthe Additional insureds) shall be excess and non- contributing. ized Signature Policy q 1031522536 Han- Padron Associates, LLP Effective Date: 9/3/2002 Policy Period: 11/5/2001 - 2004 G- 118158 -A Includes copyrighted material or Insurance services once. Inc., wM an permission. Page 1 of 1 (Ed. 01 /96) copyright Insurance services Mice. Ina.. 1992 CNA Ed. ( 0 58-A (Ed. 01!96) THIS ENDORSEMENT•CHIANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: BUSINESS ACCOUNT PACKAGE POLICY BUSINESS LIABILITY COVERAGE FORM SCHEWXE Name of Person or Organization: CITY OF NEWPORT BEACH, ITS ELECTED OFFICIALS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES (if no entry appears above, information required to complete this endorsement will be shown In tie Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section C.) 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 ongoing operations performed fnr that insured. Policy # B1- 31522567 HAP- PADRON ASSOCIATES, LLP Effective Date: 09/03/2002 Policy Period: 11/01/2001 - 2002 G-1 18158-A Includes eopyNhted material of Insurance Services Of e, Inc., with fts permission. (Ed. 01/96) Copyright Insurance Services Otfke, Inc., 1992 Page 1 of 1 0 CESICATE HOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142 -0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE AUGUST 19, 2002 CITY OF NEWPORT BEACH ATTN: SHAUNA OYLER PUBLIC WORKS DEPT 3300 NEWPORT BEACH CA 92658 AUG 2 6 2002 GROUP POLICY NUMBER: 803183-2001 CERTIFICATE ID: 73 CERTIFICATE EXPIRES: 11 -10 -2002 11- 10- 2001/11 -10 -2002 JOB: LIDO ISLAND BRIDGE NEWPORT BEACH, CA This is to certify that we have issued a valid Worker's Compensation insurance policy'ih a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or after the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may 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. AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 11 -10 -2001 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 11- 10 -2001 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH PUBLI C WORKS EMPLOYER EDWARD H.Y. HAN DENNIS PADRON JAMES LINDNER MARK FAETH JONATHAN GOLDSTICK BILL PAPARIS RONALD HEFFRON DBA: HAN- PADRON ASSOCIATES,LLP 100 OCEANGATE STE 650 LONG BEACH CA 90802 SCIF 10265 rEPF -Ul: AA 1 SEP -13 -2002 FRI 07:25 AM CAL SURANCE FAX N0, 7149391654 i 0 Fax R�l�i—to1/4 -33lF CERTIFICATE OF INSURANCE CHECKLIST City at Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 1- >'a ^ I-) vZ DeptJContact Received From: Date Completed: q- ) � '-D Sent to: By: Company /Person required to have certificate: P. 01 I. GENERAL LIABILITY A. INSURANCE COMPANY: 06-111\4 Eynic, B. AM BEST RATING (A: VII or greater): jq k 1 C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? %Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? 02 M %, E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? JrYes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is a included? Wyss ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is It included? WYes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence' wording? ❑ Yes b�No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires not!flcation of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: B. AM BEST RATING (A: VII or greater): f h X C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? 12yes No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM): What is limits provided? M, E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Yes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): f) J& Is it included? ❑ 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. M. WORKERS' COMPENSATION A. INSURANCE COMPANY: J-e I�J n=a42g.gC Q 4i ITr 1 r n► , F�u n B. AM BEST RATING (A: VII or greater): rap+ r-a-L-cd C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it Included? NCYes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? KYes ❑ No IF N0, WHICH ITEMS NEED TO BE COMPLETED? G TO: Mayor and Members of the City Council FROM: Public Works Department August 13, 2002 CITY COUNCIL AGENDA ITEM NO. 6 AUG 13 2002 SUBJECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMENY FORlAIiIiD ISLE BRIDGE REPAIR - CONTRACT NO. 3538 RECOMMENDATION: Approve a Professional Services Agreement with Han -Padron Associates, in the amount of $40,000 and authorize the Mayor and the City Cleric to execute the Agreement. PROJECT DESCRIPTION: The Lido Isle Bridge was built in 1929 as a component of the development of Lido Isle. A bicycle bridge was added to the northerly side of the bridge in 1976. The bridge was seismically strengthened once during 1984 and again in 1998 to meet higher standards. Today, the steel girder bridge is in need of repair. A report prepared by Han -Padron Associates (HPA) in January of 2001 indicated the need to seal abutment cracks, patch additional cracks and spalls, reconstruct broken sidewalks across the length of the bridge, and further investigate certain corroded structural members for necessary repair work. In addition, the Lido Isle Community Association (LICA) requested the southerly railing on the bridge be modified to match what was done to the northerly railing in 1976. This work will open the southerly view of the harbor to motorists as they enter onto Lido Isle in the same manner the northerly view was opened with the bicycle bridge addition. CONSULTANT SELECTION: During 2000, the City solicited six structural firms to perform an inspection and evaluation of the Lido Isle Bridge and only two firms responded with proposals. Staff reviewed the qualifications, past experience on similar projects, availability, and references and rated HPA more qualified to perform the work. Staff then negotiated services and fees with HPA, who satisfactorily completed and submitted their report in January of 2001. SUBJECT: APPROVAL OF PR IONAL SERVICES AGREEMENT FOR LIDO Is IDGE REPAIR -CONTRACT NO. 3538 Date: JULY 23, 2002 Page 2 Due to HPA's familiarity with the structure and the relatively small scope of. final design services needed for the project, Staff requested a proposal from only HPA. Upon negotiation, HPA has agreed to fumish the required services for a fee of $40,000. SCOPE OF SERVICES: HPA's scope of services includes: • Providing design level inspection and data gathering • Preparation of final plans, specifications, and Engineer's Estimate • Furnishing construction support for the railing modifications, navigation lighting, and miscellaneous repair items listed in the report FUNDING: The current budget contains an appropriation of $350,000 to design and construct the needed repairs to the bridge. $30,000 of that amount is being provided by LICA to pay for the southerly bridge railing modifications. Sufficient funds to award the contract to HPA are available in Account No. 7013- C5100673. SCHEDULE: HPA should complete their work by February of 2003. Staff will then advertise the project for bid as soon as a Coastal Permit has been obtained. Assuming no unforeseen delays, construction should be completed next fall. Respectfully PUB i ORKS DEPARTMENT St en G. Badum, Director By: �g Lloy Dalton, P.E. Design Engineer Attachment: Professional Services Agreement 0 0 DRAFT PROFESSIONAL SERVICES AGREEMENT FOR LIDO ISLE BRIDGE REPAIRS THIS AGREEMENT, entered into this day of 2002, by and between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City"), and Han - Padron Associates, whose address is 100 Oceangate, Suite 650, Long Beach, California, 90802, (hereinafter referred to as "Consultant "), is made with reference to the following: RECITALS A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to construct repairs to Lido Isle Bridge ( "Project"). C. City desires to engage Consultant to provide professional services for design level inspection and data gathering, structural analysis, design of necessary repairs, and construction services for the above Project based upon the terms and conditions contained in this Agreement. D. The principal member of Consultant for providing professional services for Project will be Ronald E. Heffron, P.E., Regional Manager. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and -1- LJ 0 desires to contract with Consultant under the terms and conditions provided in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the 151' day of August, 2002, and shall terminate on the 31" day of December, 2003, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed the total contract price of forty thousand and 00 /100 Dollars ($40,000.00). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, -2- 0 0 computer printing, postage and mileage. 3.2 Consultant shall submit monthly progress invoices to City payable by City within thirty (30) days of receipt of invoice. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shall reimburse Consultant only for those costs or expenses, which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. Costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultants supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who -3- • • are not employed by City nor have any contractual relationship with City. Consultant represents to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents to be the agents or employees of City. Consultant shall have the responsibility for and control over the details and means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies, which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all 10 0 0 phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Ronald E. Heffron, P.E., to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and Consultant shall perform the services in accordance with the schedule specified below. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City and assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays, which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. -5- 0 0 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition, which purportedly causes a delay, but not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances by telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant shall discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator. 11. PROGRESS Consultant is responsible to keep the Project Administrator informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 10 0 0 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against 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 negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attomeys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as -7- 0 0 described herein. Insurance policies with original endorsements indemnifying Project for the following coverages shall be issued by companies admitted to do business in the State of California and assigned Best's A- VII or better rating: A. Worker's compensation insurance, including "Wavier of Subrogation" clause, covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance, including additional insured and primary and non - contributory wonting, covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance, including additional insured (and primary and non - contributory wording for waste haulers only), covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance, which covers the services, to be performed in connection with this Agreement in the minimum amount of M 9 0 one million dollars ($1,000.000.) Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, which Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing workers compensation, comprehensive general, and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation, which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint 0 0 • venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership orjoint - venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept -10- confidential unless City authorizes the release of information. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall field review to verify the accuracy of information provided by City or others. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. All reproduction shall be the responsibility of Consultant. 18. ADMINISTRATION The Public Works Department will administer this Agreement. Lloyd Dalton, P.E., shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the -11- 0 Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be bome by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the NPZ California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. -13- • • All notices, demands, requests or approvals from Consultant to City shall be addressed to City c/o: Lloyd Dalton, P.E. City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 (949) 644 -3328 Fax (949) 6443308 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Ronald Heffron, P.E. Han -Padron Associates 100 Oceangate, Suite 650 Long Beach, CA 90802 562 - 590 -6032 Fax: 562 - 590 -6042 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as -14- • • provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other tens, covenant or condition contained herein whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his/her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as -15- • 0 compared to contractor bids or actual cost to City. 31. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All drawings shall be transmitted to the City in the City's latest adopted version of AutoCAD in ".dwg" file format. All written documents shall be transmitted to the City in the City's latest adopted version of Microsoft Word and Excel. 32. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. -16- 0 0 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: City Attorney ATTEST: City Clerk CITY OF NEWPORT BEACH A Municipal Corporation By: HAN- PADRON ASSOCIATES By: F: \USERS\PBMSharedlAgreements \FY 02 -03 \Han -Padmn - Lido Isle Bridge.doc -17- Scope of Work Lido Isle Bridge Repair Design 0 EXHIBIT A The scope of services proposed for this project is grouped into three primary tasks, with multiple subtasks, as follows: Task 1— Design Level Inspection & Data Gathering 1.1 Data Gathering — HPA's will meet with City staff to collect existing drawings, specification formats, and a previously constructed project example package and to discuss relevant issues such as permits, environmental controls, traffic control, and coordination with other agencies. 1.2 Design Level Inspection and Steel Channel Investigation — HPA will send of crew of two engineers to perform above deck and under deck inspections to document repair quantities; to determine structural adequately of the steel channels located above the abutments and piers as described on page 34 of "Investigation and Evaluation Report' dated January, 2001 (HPA Job No. L966 -01); and to determine where drain holes can be provided in the face of the abutments. HPA will investigate damaged coating in up to six locations. If the corrosion requires that additional locations are needed, these additional locations will require extra compensation, which will be negotiated prior to undertaking. The inspection will damage the coating, which the contractor will be required to repair. 1.3 Structural Analysis — A limited amount of structural analysis will be performed to determine the adequacy of the steel channels located above the abutments and piers. If the steel channels are not adequate, HPA will submit a proposal to design the modifications. Task 2 — Design of Repairs 2.1 75% Submittal — The design level inspection results will be incorporated into provisions for repair work. This will include, but not limited to, drawings for: • Site Plan and General Notes • Demolition • Above Deck Plans • Under Deck Plans • General Repair Details • Abutment Repair Plans • Abutment Wing Wall Repair Plans • Channel Repair Plans • Sidewalk Replacement Plans • Southerly railing removing • Southerly railing replacing • Navigation light fixtures plan and details Detail plans and special provisions will be included in this submittal as well as a preliminary construction cost estimate. 2.2 700% Submittal — After the 75% design has been approved by the City, HPA will proceed to 100% design. We intent to team with the City to provide the most professional and cost effective solutions. The 100% submittal will be provided to the City on paper format with appropriate submittal percent stamped on each drawing. Specifications will be provided in APPENDIX A HAN- PADRON ASSMATES accordance with the CSI format, which will reference in part the "Greenbook" Standard Specifications for Public Works Construction 2000 with 2002 supplements. The final design will be provided in hard copies. Hard copies will include the design engineer's stamp and signature. An updated cost estimate will be included in the 100% design. Task 3: Construction Services 3.1 Questions during bidding. Respond to questions from bidders on as they relate to HPA's design work 3.2 Respond to contractor questions and review submittals. Respond to requests for information (RFI). Reviews of contractor submittals. 3.3 As- Builts. Preparation of As -built drawings from City red line mark up drawings. Coordination with City on red line clarifications. APPENDIX A Project Scopo-nviwd P1846.03 HAN - PADROH ASSOCIA M to F.. m x W N a IL w cc LL O z 0 N W a 2 Q W m O IL w z W m 0 FE m c z a J N_ O M J 0 0 0 0 0 °v a f a 5 0 w 0 0 m 5 0 O Z W a