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Home My WebLink AboutC-3566 - Buck Gully Sewer By-pass/Siphon Abandonmenti 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC December 17, 2003 Albert W. Davies, Inc. 8737 Helms Avenue Rancho Cucamonga, CA 91730 Subject: Buck Gully Sewer By- Pass /Siphon Abandonment (C -3566) To Whom It May Concern: On December 17, 2002, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on February 13, 2001 The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 8492609. Enclosed is the Faithful Performance Bond. Sincerely, LaVonne M. Harkless, CMC City Clerk cc: Public Works Department Michael Sinacori, Project Manager enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (9491644-3005 - Fax: (949) 644 -3039 • www.city.newport- beach.ca.us CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BUCK GULLY SEWER BY- PASS /SIPHON ABANDONMENT EXECUTED IN QUADRUPLICATE CONTRACT NO. 3566 BOND NO. 8492609 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 1,010.00 being at the rate of $ 11.50 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Albert W. Davies, Inc., hereinafter designated as the "Principal ", a contract for construction of BUCK GULLY SEWER BY- PASS /SIPHON ABANDONMENT, Contract No. 3566 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. 3566 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW THEREFORE, we, the Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport Beach, in the sum of eighty -seven thousand, eight hundred ten and 00/100 Dollars ($87,810.00) lawful money of the United States of America, said sum being equal to 1Q0% 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 9 0 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the STH day of OCTOBER , 2002. LasrdA A. t7A ✓«s Albert W. Davies, Inc. (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 225 SOUTH LAKE AVE., #700 A�titcD Authorized Signature/Title Vie& Authorized Agent Signature DWIGHT REILLY PASADENA, CA 91101 ATTORNEY -IN -FACT Address of Surety Print Name and Title 626 - 792 -2311 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino I ss. On OCTOBER 8, 2002 before me, CLAUDETTE N. MARTIN, NOTARY PUPLI Data Nerve anC 11110 of of/leer (e.g..'Jeno bon. Notary Public-) personally appeared DWIGHT REILLY z � CLAUDETTE N. MARTIN z 8 COltvt, #;345285 g P •w5 P, NOTARY PJBLIC- SAN' BERNAROINO Co ofry .t..... <......... l4y 20" ..EV W,11ch .9.:2.036 XX personally known to me CI proved to me on the basis of satisfactory evidence to be the personpt:) whose namept) is /A& subscribed to the within Instrument and acknowledged to me that he /"W executed the same in his /lAi %14 authorized capacity(11*p, and that by his /Nta1t66" signature(g) on the instrument the person(g), or the entity upon behalf of which the person(x) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seel Above Signature 01 Nuerypillric, CLAUDETTE N. MARTIN OPTIONAL Though the Information below Is not required by law, if may prove valuable to persons relying on file document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document PERFORMANCE BOND Title or Type of Document: Document Dale: OCTOBER 8, 2002 Number of Pages: Signer(s) Other Than Named Above: Capaclty(les) SWMeHT yREIIQ er Signer's Name: 0 Individual Top of lhurnla hrrn • Corporate Officer— Title(s): • Partner — C3 Limited ❑ General N Attorney in Fact ❑ Trustee • Guardian or Conservator • Other: _ Signer Is Representing: FIDELITY AND DEPOSIT COMPANY — OF ND 0 1997 Nallonel Notary AseoUallon , 9350 De Solo Ave., P.O. Box 2402 • Ch laworth, CA 913132402 Prod. No. 5207 aeorder. Call Tog,F,Oe 1 800 87"827 0 0 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203 -1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by W. B. WALBRECHER, Vice - President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full and eff the date hereof, does hereby nominate, constitute and appoint Dwight REILLY, of Upland, Cale its tru awful agent and Attomey -in -Fact, to make, execute, sea] and deliver, for, and on its behalf as sur d as its deed: any and all bonds and undertakings and the execution of such bonds or undertakines in p ce of th s Bents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if d been drag ecuted and acknowledged by the regularly elected officers of the Company at its office in Baltimo ., in the proper persons. This power of attorney revokes that issued on behalf of Dwight REILLY, dated M 995.\ The said Assistant Secretary does here ify thathxtract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of ompany s now in force. IN WITNESS WHEREOF, the sai e- Presid Assistant Secretary have hereunto subscribed their names and affixed the Corporate Sea] of the FIDELI D DEPOSIT COMPANY OF MARYLAND, this 15th day of October, A.D. 1998. ATTEST: FIDELIW AND OSIT COMPANY OF MARYLAND ,.� By: T E. Smith Assistant Secretary IV, B. Walbrecher Vice- President State of Maryland } ss: County of Baltimore JJJ On this 15th day of October, A.D. 1998, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came W. B. Walbrecher, Vice - President and T. E. Smith, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Carol J Fa r Notary Public My Commissi Expires: August 1, 2000 L1428- 012 -8798 r • CALIFORNIA ALL. - PURPOSE ACKNOWL[DOMENT State of California 5�� - �. County of & � � r,�. u, t -t on C--Y a �_ -c�, before me, KC-lll E Jb cZi,SS �Nt-yili•, �ic,3lic i vam. Tift of 01r� c.q.. w.. Wa y Pu6kj personally appeared KELL IE JO CROSS C�AAM. #12222'8 d NOTARY PUBLIC CALVFORNIA CQ SAN BERNARDiN4 COUNfY CJ My Comm. Expires June 25, ffi0, personalty known to me IJ proved to me on the basis of satisfactory evidence to be the person(s) whose names) Were subscribed to the within instrument and acknowled to me that he/sheflhey executed the same in hisfherftheir authorized capacity(ies), and that by his/harlthair srgnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and off6ai seat. Et.Q&dd e ? r di L s1 OWW, $404 O I NMAL. 777ough ft ##bm?xW bobw is nor requVed by aw. # mry raw AkaVe to peta=re/YM on the dtxument end CDL#d reveM kvv& nt rarnorat and reafreu+ment of M4 fam ro anomer d MMMIL Deserh*on of Attached Document 2 Tale or Type of Docur.wnt: �tif-�6 f T�ut"r ,E r.b ti ci Doeumant oats: I &- Q;- 6 2- Numtw of Pages: 2 Signers) Other Than Named AbM: I + 4� H i 1 ka CapacwAies) 5ww's Name: 0 tndiA&W 5z- cwporaw n Partner — ❑ Attorney in 0 Trustee CI Guardian or L i Other: Claimed by Bigner Tap of t"M ru.r.. O�M1Car— Title{s): Y i �e rigid .n ❑ tarmted D General Fact Conservator OP 1.1 E February 13, 2003 Albert W. Davies, Inc. 8737 Helms Avenue Rancho Cucamonga, CA 91730 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVorme M. Harkless, CMC Subject: Buck Gully Sewer By- Pass /Siphon Abandonment (C -3566) To Whom It May Concern: On December 17, 2002, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond six months after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on January 9, 2003, Reference No. 2003000032370. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 8492609. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, CMC City Clerk LH:Ib cc: Public Works Department Michael Sinacori, Project Manager encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BUCK GULLY SEWER BY- PASS /SIPHON ABANDONMENT EXECUTED IN QUADRUPLICATE CONTRACT NO. 3566 BOND NO. 8492609 PREMIUM: 1, 10.00 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Albert W. Davies, Inc., hereinafter designated as the "Principal," a contract for construction of BUCK GULLY SEWER BY- PASS /SIPHON ABANDONMENT, Contract No. 3566 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. 3566 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, FIDELITY AND DEPOSIT COMPANY OF MARYLAND 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 eighty-seven thousand, eight hundred ten and 001100 Dollars ($87,810.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 26 0 0 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 8TH day of OCTOBER 2002. 1.ST -IJA. A. IDAV,6�- Albert W. Davies, Inc. (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 225 SOUTH LAKE AVE., #700 PASADENA, CA 91101 Address of Surety 626 -792 -2311 Telephone Authorized Signature/Title J,oE �a�yaT.vi I Z��/l /1 A thorized Agent Signature DWIGHT REILLY ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 • r CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino I ss. On OCTOBER 8, 2002 before me, CLAUDETTE N. MARTIN, NOTARY PU$LI Dale Nome eM Ulf. of Offoer (..g., 'Jan. Don, Notary Pubk-) personally appeared DWIGHT REILLY ------------------------------- Neme(e( of Sigoer(al Z</ \R <CLAUDETTEiN. MARTIN fZ COMM. #1345288 g Y%t'.bsK"lj/ NOTA ?YPu6L sAN SERNARD&I ll 29 2 0Y XXpersonally known to me I_ I proved to me on the basis of satisfactory evidence to be the personN) whose namet.) is /I(* subscribed to the within Instrument and acknowledged to me that hell10lfe1y executed the same in his /Lfdt}tPMr authorized capacity(Sk, and that by his /Tetdtl2lt signatureo §) on the instrument the person(), or the entity upon behalf of which the person(,x) acted, executed the instrument. WITNESS my hand and official seal. 014A• JP t— Yl m 41xe Notary Sant Above signalora of Nalf�- ery Fu6XC 1- CLAUDETTE N. MARTIN OPTIONAL Though the lntormallon below is not required by law, it may prove valuable to persons relying on the documenl and could prevent /raudulenl removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: PAYMENT BOND OCTOBER 8 2002 2 Document Date: ' Number of Pages: _ Signer(s) Other Than Named Above: NONE — Ca Signer's N ame: MO OTTLY ❑ Individual • Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General IN Attorney In Fact • Trustee • Guardian or Conservator ❑ Other: - ---- -- ------- ----- -- ---- ;.. top of Ihurnb l,nre Signer Is Representing: FIDELITY AND DEPOSIT COMPANY — OF MARYLAND O 1997 Nelbml Notary Assoalatlm • 0350 Da Soio Ave., 4.0. box 2402 < Chaleaorl0, CA 91313 -2402 Prod, No. 5907 iteordoc Call Tot Fo a I RM 0766827 0 0 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages .... and to affix the seal of the Company thereto" CERTIFICATE 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attomey of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 8TH day of OCTOBER 2002 Assistant Secretary 0 1] EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2 The Chairman of the Board, or the President, or any Executive Vice - President, or any of the. Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recomizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto.' CERTIFICATE L the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990_ RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 8TH day of OCTOBER 2002 Assistant Secretary CALIFORNIA ALL - PURPOSE State of California COUnty0f 5-An 3eroi azd.w4 0 ACKNOV"DOMIENT On before me, "ice �, C-ieSS� �nro-sR -ti CG 3�Jc o.n NMa +a0 Te. of f.{. plan.vw NeWY WNC) personally appeared L &STG R- A - F) N ) r S JO CROSS (@MKELLIE COMM. #1222218 NOTARY PUBLIC CALIFORNIA SAN BERNAMINO COUNTY y Cam'. Expires June 25, 2003 •ua "Dry $001 w X-personalty known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islEre subscribed to the within instrument and acknowledged to me that hershe/fhey executed the same in hisRtedtheir authorized capacity(ies), and that by hisAwItheir sovikire(s) on the instrument the pE!Wro). or the entity upon behalf of which the person(s) acted, executed the instrument. WCCNESS my hand^ and official seal. w.way aaK OPTIONAL Though dK #dorrnaVW bobw Is not ragund by tsw, it any prom vatAbh Lb persao relyrr)p oa the do WMW and could p vvw* hau&4" rwMW and MORWAvent of V" tam to &VOW domonM- Deeniptlon of Attached Ties or Type of Document _ Document Date: Dc! , �� 2,&C,7- NUMW of Pages: 2 S4-W(3) O&WThW NamedAbow: kkN1 C6�01 ?-t�1i u CopseWAies) Chimed by 1319ner signer's Name: L_S ID individual X CwWato n Partner — ❑ United ❑ General 0 Attomey in Fact ❑ Trustee ❑ Guardlw or Conservator L i Other: Signer to ttepres"ov: ! b y- } W , I>A> Ir-5 1 -r» C� a 1967 %WW d NOWYA1600 a+ • AM Q7 SaN Aft. CO. ear 2402 - &Okwalft G n31UM pat. Ha up Reow Car 7W. 7400.70.0927 • • RECORDING REQUESTED BY AND Recorded in Official Records, county of Orange WHEN RECORDED RETURN TO: Tom Daly, clerk- Recorder I! IIIIIIII!! 11111INIH !11111 11111111111111!Ill 10 i1111 11111 W FEE City clerk 2003000032370 04:29pm 01/09103 City of Newport Beach 119 so 1412 1 3300 Newport Boulevard 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Newport Beach, CA 92663 " xempt from recording ees pursuant to Government Code Section 6103" > NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Albert W. Davies, Inc. of Rancho Cucamonga, California, as Contractor, entered into a Contract on October 8, 2002. Said Contract set forth certain improvements, as follows: Buck Gully Sewer By- Pass /Siphon Abandonment (C -3566) Work on said Contract was completed on November 15, 2002, and was found to be acceptable-orrDecember 17, 2002, by the City Council. Title to said property is vested in c, the 04aner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland. N M. M VERIFICATION It-Works Director of Newport Beach I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. / �J Executed on CLC -mX� r �b� G0 at Newport Beach, California. BY `' y/ 1,1�J -nir C. -. ° % - .y/t__X Gv�voRT @Fs City Clerk 2` boy 0 CAUf C CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 7 December 17, 2002 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY FROM: Public Works Department M. Sinacori, P.E. 949 - 644 -3311 msinacori@city.newport-beach.ca.us SUBJECT: BUCK GULLY SEWER RELOCATION /SIPHON ABANDONMENT, CONTRACT NO 3566 — COMPLETION AND ACCEPTANCE RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On October 8, 2002, the City Council authorized the award of the Buck Gully Sewer Relocation /Siphon Abandonment contract to Albert W. Davies, Inc. The contract provided for the construction of a sewer line through 215, 219, and 223 Evening Canyon Road. The contract has now been completed to the satisfaction of the Public Works Department as well as the effected homeowners. A summary of the contract cost is as follows: Original bid amount: $87,810.00 Actual amount of bid items constructed: 87,810.00 Total amount of change orders: 8,273.19 Final contract cost: $96,083.19 One change order was issued for the project at a cost of $8,273.19. The final overall construction cost was 9.42 percent over the original bid amount. SUBJECT: BUCK GULLY SEWE*ELOCATION /SIPHON ABANDONMENT, CONTF* NO 3566 — COMPLETION AND ACCEPTANCE December 17, 2002 Page 2 The change order centered around the necessary re- alignment efforts to avoid interfering planter walls, footings, pools, and other private utilities and drain lines that were unknown during the design process. The alignment had to be completely re- thought in the field because of these interferences. The contractor was extremely fair with the extra work request. If the Contractor wasn't so cooperative, it could have had impacts to the new house construction at 219 Evening Canyon. Attached is a letter from the builder thanking the City for our efforts and a job well done. Funds for the project were expended in the following account: Description Wastewater Fund Account No. Amount 7531- C5600292 $96,083.19 The original scheduled completion date was November 13, 2002. All work was completed on November 15, 2002, the extended completion date. The time extension was granted in order to complete the added work with the change order. Environmental Review: (Not applicable) Prepared by: Michael J. Sinacori, P.E. Utilities Engineer Submitted by„ f G. Badum Drks Director Attachment: November 25, 2002 letter from the Richard Crawford Company WU The Richard F. Crawford Company liuil(1( I:� OI Fine CIISIOIll I kmws DEC 4 2002 November 25, 2002 Mr. Mike Sinacon City of Newport Beach Public Works Department 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92658 -8915 Dear Mr. Sinacori: This letter is to inform you that installation of the new sewer line at 219 Evening Canyon is now complete and installed to our satisfaction. Your subcontractor Albert W. Davies Inc. has been very cooperative in allowing us to dig out and recompact the soil under the new line before installation. Thank you for your cooperation in expediting this work so that we can move forward with the construction of our project. We appreciate your help. Sincerely, THE RICHARD F. WFORD COMPANY Daniel J. M Project Superintendent I- 1�(Iit'1 AA -t'I11 a'tiUiR'li -1 (:illikollil 02112(i 171 k) 54,5-09(4 1-115171-41 --,4 :i -5777 3 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 December 18, 2002 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the Balboa Village Improvements Phase 1 Project (C- 3333); Notice of completion for the Street Improvements: Monrovia Avenue from 15th Street to 16th Street and 15th Street from Monrovia Avenue to Superior Avenue Project (C- 3471); and Notice of Completion for the Buck Gully Sewer By-Pass/Siphon Abandonment Project (C -3566) Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, CMClAAE City Clerk Enclosures 3300 Newport Boulevard, Newport Beach 0 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 xempt rom reco ing ees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Albert W. Davies, Inc. of Rancho Cucamonga, California, as Contractor, entered into a Contract on October 8. 2002. Said Contract set forth certain improvements, as follows: Buck Gully Sewer By- Pass]Siphon Abandonment (C -3566) Work on said Contract was completed on November 15, 2002, and was found to be acceptable on December 17, 2002, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is AVA t -Works Director of Newport Beach I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. y�1 Executed on 1 b� a10 6 at Newport Beach, California. BYl/L City Clerk CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 2:00 p.m. on the 30t" day of September 2002, at which time such bids shall be opened and read for BUCK GULLY SEWER BY-PASS/SIPHON ABANDONMENT Title of Project Contract No. 3566 $95,000 Engineer's Estimate by Stephen G. Badum ublic Works Director Prospective bidders may obtain one set of bid documents no cost at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 MANDATORY PRE -BID MEETING SEPTEMBER 251h a19 :00 A.M., . 219 Evening Canyon Road, Corona del Mar (Project Site) General "A" Contractor License Classification required for this project For further information, call Mike Sinacori, Project Manager at (949) 644 -3342 f . -H CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BUCK GULLY SEWER BY-PASS/SIPHON ABANDONMENT CONTRACT NO. 3566 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to.transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Bidders' security shall be returned to unsuccessful bidders within a reasonable time not to exceed 60 calendar days after the successful bidder has signed the Contract. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 3 The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. A Contractor's License No. & Classification Afber+ W. Dove e!5, e. Bidder i (-e- Pres r cte r--I- Authorized Signature/Title Oct 30 0� Date 10 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BUCK GULLY SEWER BY- PASS /SIPHON ABANDONMENT CONTRACT NO. 3566 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 Dollars ($ ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of BUCK GULLY SEWER BY- PASS /SIPHON ABANDONMENT, Contract No. 3566 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 execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety frorl -s obligations under this Bond. hands this day of 2002. Name of Contractor Name of Surety Authorized Signature/Title Authorized Agent Signature Address of Surety Pn Name and Title Telephone (Notary acknowledgment of Principal & Surety must 5 attached) 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BUCK GULLY SEWER BY- PASS /SIPHON ABANDONMENT CONTRACT NO. 3566 : !jq "MIT 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 ��ff NNeQwW rt Bge!!a�ch a charter city, in the principal sum of TEN PERCENT OF THE TOTAL iMOUNT BID Dollars ($ 10 0/0** * ), to be paid and forfeited to the City of Newport Beach ff the bid proposal of the undersigned Principal for the construction of BUCK GULLY SEWER BY-PASS/SIPHON ABANDONMENT, Contract No. 3566 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 execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notificabon of Award', otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 27TH day of SEPTEMBER , 2002. ALBERT W. DAVIES, INC. Name of Contractor (Principal) Authorized Signatur itle )/, Ee � , FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 225 S. LAKE AVE., #700 PASADENA, CA 91101 Address of Surety 626 - 792 -2311 Telephone Authorized Agent Signature— DWIGHT REILLY ATTORNEY -IN -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 0 E CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California SS. County of San Bernardino On SEPT. 27, 2002 before me, CLAUDETTE N. MARTIN, NOTARY PU$LI Bale Nome aW Title of officer (a.g.,'Jane Don, Notary PabMc") personally appeared DWIGHT REILLY ------------------------- - - - - -- Z CLAUDETTE N. MARTIN z S.e. '�. COMM. #1345285 s P ir.. NOTARY PUBLIC -CA IFORNIA P I SAN BERNAROINO COUNTY ' My -0,nm Ea Marti 29, 2D(X XXpersonally known to me LI proved to me on the basis of satisfactory evidence to be the persona) whose nameit) is /A& subscribed to the within Instrument and acknowledged to me that he /9t>tiF/Ulrety executed the same In hislPIAROMr authorized capacity(+149), and that by his /qbt*" signature(M) on the instrument the person(g), or the entity upon behalf of which the person(g) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above S1gnalore d Notary Pnbac CLAUDETTE N. MARTIN OPTIONAL Though the Informatfon below is not repufred by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document BID BOND Tale or Type of Document: Document Date: SEPTEMBER 27, 2002 Number of Pages: Signers) Other Than Named Above: Cgner's Name: DWIGHT REILLY Signer's Nama: • Individual e 1 "on of lhmnb l+ere • Corporate Officer — Title(s): • Partner — ❑ Limited fJ General IN Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 0 1997 Nathnat Notary Asaoelation 4It" W Soto Ave., P.O. Sox 24021 Chatsworth, CA 91313 -2402 Prod, No 6907 Reoreec Call Tot Rae 1 900 878 6827 0 0 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203 -1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by W. B. WALBRECHER, Vice - President, and T. E. SMITH. Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By reverse side hereof and are hereby certified to be in full &w and constitute and appoint Dwight REILLY, of Upland, Cal' ta, its execute, seal and deliver, for, and on its behalf as sur d as its and the execution of such bonds or undertakings in p cc of th; fully and amply, to all intents and purposes, as if d been officers of the Company at its office in Baltimo in theq issued on behalf of Dwight REILLY, dated Md3�,i 995. wti The said Assistant Secretary does he Article V'I, Section 2, of the By -Laws of IN WITNESS WHEREOF, the said affixed the Corporate Seal of the October, A.D. 1998. < ,O ATTEST: FID �'"" ' _SEAL # � T E. Smith State of Maryland } ss: County of Baltimore ))) of said Company, which are set forth on the the date hereof, does hereby nominate, ?[awful agent and Attorney -in -Fact, to make, deed: any and all bonds and undertakings :s, shall be as binding upon said Company, as d and acknowledged by the regularly elected proper persons. This power of attorney revokes that that I"tract set forth on the reverse side hereof is a true copy of rimanns now in force. Assistant Secretary have hereunto subscribed their names and DEPOSIT COMPANY OF MARYLAND, this 15th day of IT COMPANY OF MARYLAND Assistant Secretary 0 i W B. Walbrecher Vice - President On this 15th day of October. A.D. 1998, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came W. B. Walbrecher, Vice - President and T. E. Smith, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swom, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Carol J Fa r Notary Public My Commissi Expires: August 1, 2000 1-1428- 012 -8798 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice- President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attomeys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate, and I do further certify that the Vice - President who executed the said Power of Anomey was one of the additional Vice- Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed" IN TESTIMONY WHEREOF, 1 have hereunto subscribed my name and affixed the corporate seal of the said Company, this 27TH day of SEPTEMBER 2002 Assistant Secretary 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BUCK GULLY SEWER BY- PASSISIPHON ABANDONMENT CONTRACT NO. 3566 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 c.Csan2 ST. 01,Y7A1?3d I Cif 1 i%h I NO -5811 25`0 Albe -+ WJ_ Dav1P.S, TnC, Bidder I � 1 %Q�� (� l "Y Authorized Signature/Title E CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BUCK GULLY SEWER BY- PASS /SIPHON ABANDONMENT CONTRACT NO. 3566 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name Af be*4 W, Lm! es- -r41C - FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON- RESPONSIVE. \s �0. For all public agency projects you have worked on (or are currently working on) in 1 the past 2 years in excess of $15,000, provide the following information: No. 1 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. 7 No. 2 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person 0 `JET 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 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. M No. 4 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. 5 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. E 0 0 LISTING OF CONTRACTS PERFORMED by Albert W. Davies, Inc. September 2002 DATE PROJECT TYPE OF VALUE OF WORK LOCATION OF FOR WHOM Page 1 COMPLETED: WORK: PERFORMED: WORK: PERFORMED: Current Recycled Water $ 505,000. Marigold Ave. & Palmetto City of Redlands #215 Transmission Main. Ave. from Marigold Ave. Municipal Utilities Dept. Installed 4,400 I.f. of to California St., PO Box 3005 24" PVC pipe Redlands, CA Redlands, CA 92373 #909 / 798 -7551 — Mr. Lonny Young Current 24" water and 8" $ 427,000. Lemon Ave. & Cucamonga County Water District #214 sewer line Amethyst Ave., Rancho 10440 Ashford St. relocations Cucamonga, CA Rancho Cucamonga, CA 91730 #909 / 483 -7440 — Mauricio Guardado Current Re -route of 8" $ 45,000. Lemon Ave. & Cucamonga County Water District #213 water lines Klusman Ave., 10440 Ashford St. Rancho Cucamonga, CA Rancho Cucamonga, CA 91730 #909 / 483 -7440 — Mauricio Guardado Current Installation of 18" to $ 325,000. Village Expansion City of Claremont #212 48" RCP storm drain Improvements, Prime: Laird Construction Company and 8" to 12" VCP sewer Claremont, CA 9460 Lucas Ranch Rd. Rancho Cucamonga, CA 91730 #909 / 944 -9301 — Ralph Laird Current Installation of 2 — 30" $ 105,000. Campus Avenue & San Bernardino Assoc. Governments #211 wall casings Route 30/21 Freeway Prime: E. L. Yeager Construction Co. Upland, CA PO Box 87 Riverside, CA 92502 #909 / 684 -5360 - Current Installation of 24" $ 499,000. Rancho Cucamonga, CA Cucamonga County Water District #210 water transmission Banyan St. near 10440 Ashford St. main Los Osos High School Rancho Cucamonga, CA 91730 # 909 1987-2591 — Mauricio Guardado Current Sewer improvements- $1,012,300. Fontana, CA City of Fontana #209 2,440 ft. of 15' and Slover Ave. from 8353 Sierra Ave 4,653 ft. of 12" clay pipe Popular Ave. to Fontana, CA 92335 Sierra Ave. #909 / 350 -7610 — Don Gdula Current 36" water main $ 770,900. Newport Beach, CA City of Newport Beach #208 Replacement Dover Drive from PO Box 1768 Cliff Dr. to West Coast Newport Beach, CA 92658 Highway #949 / 644 -3342 — Michael Sinoacon 12/01 Drainage Line $ 36,000. Mission Viejo, CA L. T. Excavating, Inc. #207 and Basin El Toro Dam and 27601 Forbes Rd. #54 Reservoir Laguna Niguel, CA 92677 # 949 / 367 -1941 — Yu -Tien Chao ALBERT W. DAVIES, INC. DATE PROJECT TYPE OF VALUE OF WORK LOCATION OF FOR WHOM Page 2 COMPLETED: WORK: PERFORMED: WORK: PERFORMED: 2/02 Installation of $293,200. Perris, CA City of Moreno Valley #206 6" PVC water Myers Avenue Street Prime: Vance Corporation replacement line Improvement Project 2271 N. Locust Ave. Rialto, CA 92377 #909 1355-4333 —Mr. Pat Johnston Current Installation of $928,500. Rancho Cucamonga, CA San Bernardino Assoc. Governments #205 72" -120" RCP storm Beryl St. & Route Prime: E. L. Yeager Constr. Co. drain 30 Freeway PO Box 87 Riverside, CA 92502 #909 / 684 -5360 3/02 Demolition of House $242,500. Ontario, CA City of Ontario #204 and other structures 208 East Transit St. Redevelopment Agency with regrading and 303 East B St. finish landscaping Ontario, CA 91764 #909 / 395 -2000 —Jorge Villanueva Current 6,715' of 6" HDPE, $894,176. Chino, CA Inland Empire Utilities Agency #203 13,430' of 8" Sch.40 steel Synagro Manure 9400 Cherry Ave., Bldg. A water pipe Digester Pipelines Fontana, CA 92335 #909 / 357 -5790 — Dave Wall Current 12" Water Main $704,510. Costa Mesa, CA Mesa Consolidated Water District #202 improvements Fair Dr. & Wilson St. 1965 Placentia Ave. Costa Mesa, CA 92628 #949 / 631 -1291 — Alan Jones 7/01 Relocate water $6,400. Perris, CA City of Perris #201 facilities Webster Ave. Prime: Vance Corporation 2271 N. Locust Ave. Rialto, CA 92377 # 909 / 355 -4333 — Patrick Johnston 3/02 Slope Stabilization $550,000. Lake Forest, CA Irvine Ranch Water District #200 and 220' of 16" ductile Serrano Creek Slope 15600 Sand Canyon Ave. iron lined pipe. Stabilization & Sewer Irvine, CA 92619 Repair # 9491453- 5566 -Mr. Billy Stewart Current 2400' of 66" $1,723,300. Chino, CA Inland Empire Utilities Agency #199 T -lock & 2000' of Kimball Ave. 9400 Cherry Ave., Bldg. A 42" VCP sewer line Fontana, CA 92335 # 909 / 357 -0241 —Dave Wall 9101 200' of 10" CML &C $ 77,750. Fontana, CA Worley Plumbing, Inc. #198 waterline, 130' of 6" Etiwanda School 12160 Pawnee Rd. CML &C & 129' of 6" SDR35 District Apple Valley, CA 92308 sewer line # 760 / 247 -8829 — Dan Worley 7101 24" CML &C water $ 229,000. Rancho Cucamonga County Water District #197 transmission Cucamonga, CA 10440 Ashford St Banyan Ave. Rancho Cucamonga, CA 91729 # 909 1987-2591 Mauricio Guardado, Jr. 0 0 ALBERT W. DAVIES, INC. DATE PROJECT TYPE OF VALUE OF WORK LOCATION OF FOR WHOM Page 3 COMPLETED: WORK: PERFORMED: WORK: PERFORMED: 6/01 6,350' of 42" $ 514,000. Barstow, CA Mojave Water Agency #196 CML &C pipe for 15600 Sand Canyon Ave. 3/00 PO Box 1089 Pipelines, Phase I water line. 5,000' of 16" domestic water Apple Valley, CA 92307 -0019 # 949 1453-5586 - Ants Uiga 1/01 5,000' of 54 " -27" $1,892,278. Ontario, CA # 760 / 240 -9201 — Mike Limbaugh 10101 8,750 ft. of 48" $ 1,929,112. City of Industry GC: L.T. Excavating, Inc. #195 RCP storm drain and Fontana, CA 92335 27601 Forbes Rd., #54 42 -30" VCP sewer line. Laguna Niguel, CA 92677 # 949) 367 -1941 Yu -Tien Chao and Abdul Edouni 9/01 10,000' of 108 " - $3,304,680. Upland, CA GC: Riverside Construction Co. #192 24" RCP for storm 20th St. /San PO Box 1146 drain Antonio Storm Drain Riverside, CA 92502 # 909 1682-8308 — George Olivo 9/01 10,000' of 36" $2,102,000. Cities of Yorba Linda & Yorba Linda Water District #191 CMLC steel pipe Placentia - 4622 Plumosa Drive for waterline Richfield Water Main Yorba Linda, CA 92686 # 714 / 777 -3018 — Leon de los Reyes 6101 4,800' of 15" $5,605,345. Newport Beach & Irvine Irvine Ranch Water District #190 sewer, 9,000' of 24" Bonita Canyon Drive 15600 Sand Canyon Ave. 3/00 & 30 "reclaimed water, Pipelines, Phase I Irvine, CA 92619 5,000' of 16" domestic water # 949 1453-5586 - Ants Uiga 1/01 5,000' of 54 " -27" $1,892,278. Ontario, CA Inland Empire Utilities Agency #189 sewer line. Archibald Trunk 9400 Cherry Ave., Bldg. A Relief Sewer Fontana, CA 92335 # 909 / 357 -0241 - Dave Wall 11/99 5001f. of #188 waterline 3/00 26,140 If. of #187 42" CML &C Waterline - Labor only 3/00 4,340 If. of #186 18" VCP sewer $ 99,600. Barstow, CA Hodge Recharge Line Mojave Water Agency PO Box 1089 Apple Valley, CA 92307 # 760 / 240 -2078 — Mike Limbaugh $ 980,000. Barstow, CA Mojave Water Agency Mojave River Pipeline PO Box 1089 Reach 3B Apple Valley,CA 92307 #760 / 240 -2078 — Mike Limbaugh $ 705,500. Palm Desert & Indian Wells, CA Hwy. 11 Sewer Coachella Valley Water District PO Box 1058 Coachella, CA 92236 # 760 / 398 -2651 — Elsie Meyers 12199 72 " -24" RCP $ 892,300. Montclair, CA City of Montclair #185 Storm Drain Mission Blvd. 5111 Benito St. Improvements Montclair, CA 91763 #909 / 626 -8571 — Public Works Dept. ALBERT W. DAVIES, INC. DATE PROJECT TYPE OF VALUE OF WORK LOCATION OF FOR WHOM Page 4 COMPLETED: WORK: PERFORMED: WORK: PERFORMED: 10/99 Sewer Relocations $ 183,922. Rochester Ave. #184 for Route 30/210 Rancho Cucamonga Freeway 12/99 84" Storm Drain- $ 1,351,130. Camelian St. #183 for Route 30/210 Rancho Cucamonga, CA Freeway — 2700' of 72" to 96" RCP 3/00 36" Steel pipe for $ 578,875. Palm Springs #182 water line 7/99 Hellman Ave. Sewer $ 1,580,000. Rancho Cucamonga #181 & Storm Drain for Route 30 Freeway 10/99 Joint Outfall "H" #180 Unit 7C Relief Trunk Sewer, Section 1 5,290 ' of 66" 4/00 #179 10/98 #178 6/98 #177 6/98 #176 11/98 #175 Cucamonga County Water District 9641 San Bernardino Road Rancho Cucamonga, CA 91730 # 909 / 483 -7440 — Jim Cline CC Myers, Inc. -Prime Contractor Owner: San Bernardino Associated Governments (SanBAG) Mr. Tom Webb #909/4842469 PO Box 2948 Rancho Cordova, CA 95741 # 916 / 635 -9370 - Desert Water Agency PO Box 1710 Palm Springs, CA 92263 # 760 / 323 -4971 — Mark Krause Cucamonga County Water District 9641 San Bernardino Road Rancho Cucamonga, CA 91730 # 909 / 483 -7440 — Jim Cline $ 4,183,000. La Puente & LA County Sanitation District City of Industry 1955 Workman Mill Road Whittier, CA 90601 # 626 / 962 -8605 Renee Provoost and Abdul Edouni Twin Oaks $ 881,000. San Marcos, CA Reservoir Improvements Gateway Pacific Contractors, Inc. (for owner: Valecitos Water Distr,) 8055 Freeport Blvd. Sacramento, CA 95832 Orangewood Ave. $ 619,000. Los Alamitos,CA Rossmoor /Los Alamitos Area Sewer Extension Sewer District 3243 Katella Avenue Los Alamitos, CA 90720 # 562 / 431 -2223 — Sandra Montez 42" Water Line $ 251,000. Etiwanda & Highland Cucamonga County Water District Relocation for Avenues, 9641 San Bernardino Road Route 30 Freeway Rancho Cucamonga, CA Rancho Cucamonga, CA 91729 # 909 / 483 -7440 — Jim Cline Storm Damage $ 73,000. Feldspar Detention Repair Basin, Chino Hills Chino Hills Treated $ 853,000. Chino Hills,CA Water Pipeline & Chino Basin Desalination Program Project City of Chino Hills 2001 Grand Ave. Chino Hills, CA 91709 Santa Ana Watershed Project Authority 11615 Sterling Ave. Riverside, CA 92503 #9091785 -5411 — Lee Slate No. 6 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. ujo, /�-OwNu, -,AS % IN DU3,NQcJ 41s ��.� ITIA"I of vk% ow,• 10. �u w(O 6U dbokpa i / Q, "AJS14P aJ Upon request, the Contractor shall attach a financial statement and other A,, "4a' information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. n Atb�er+ W. Do..yies,a�ie. M1 � J" Bidder Authorized Signature itle vi,cs2 1� n (-e5lAerq- 10 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BUCK GULLY SEWER BY- PASS /SIPHON ABANDONMENT CONTRACT NO. 3566 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of& Pier.,c!y dr r(5 %- S-f�K A Dm y t Fs , being first duly sworn, deposes and says that he or she is Ls' idcw of AIbt.- tza \e� Din yjLS,�j e- the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Ai i e!5 ice, Pte-2 cLurl+ Bidder Authorized Signature/Title Subscribed and sworn to before me this c;t t k day of Cic .oil N h P.Y 2002. [SEAL] Notary Public IE JO C My Commission Expires: J L1, , Q a vd3 KELLROSS d' COMM. #1222218 d' �"j NOTARY PUBLIC - CALIFORNIA CC SAN BERNARDINO COUNTY C7 bty Comm. Expires June 25, 2003 11 E CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BUCK GULLY SEWER BY- PASS /SIPHON ABANDONMENT i CONTRACT NO. 3566 DESIGNATION OF SURETIES Bidders name m b'e, W • F)"1 -e5, J; �C , 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): r i �I Tj • � �• �� 'T� tii��ii��i� * /Qne ) G 1/-�_ 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BUCK GULLY SEWER BY- PASS /SIPHON ABANDONMENT CONTRACT NO. 3566 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name bex- 170 / I QS , a1 e Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Current Record Record Record Record Record Year of for for for for for Record 2001 2000 1999 1998 1997 Total 2002 No. of contracts o Total dollar Amount of Contracts (in l�D Thousands of $ No. of fatalities O _i No, of lost Workday Cases No. of lost workday cases involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Legal Business Name of Bidder AJbet . D(Wi e5, T4'1 C� Business Address: a737 - H,PlmS •few . mho W ca i'YICly, (�A Business Tel. No.: clog) qgq — 3714 - State Contractor's License No. and ' I Classification: 3-70a+(o —A Title "1Z*1 -C,Q _ ) I The above information was compiled from the records that 4e availabl to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitationa4f 43se ree-0rdC Signature of bidder Date Title Signature of bidder. Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BUCK GULLY SEWER BY- PASSISIPHON ABANDONMENT CONTRACT NO. 3566 ACKNOWLEDGEMENT OF ADDENDA Bidders name p44f ccic -r W ,)AylCL,, L. C.. The bidder shall signify receipt of all Addenda here, if any: Addendum No. Da e Received i n tur. a 1� va 15 • CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT Sialcr of California 1l COunly Of `. ]1_ ohy�1 -6 + 5. i On pat .�7 711n� before me, 1�e>1(� .id IJUmr Ln011BC of OILw +U (J.JepF D4I: 1J41p1 �JLI¢`f personally appeared KELLIE JO CROSS COMM. #1222218 d' NOTARY PUBLIC CALIFORNIA SAN BERNARDINO COUNTY t0 My Comm. Expires June 25,2003 P4M Ngazy Spel Abo ,Mpersonally known to me CJ proved to me on the basis of satisfactory evidence to be the persons) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he /shelthey executed the same in his/her /their authorized capacity(ies), and that by his /herltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. W4TNESS my hand and official seal. 5yrnewre 1 ury Fuouc OPTIONAL Though the Informadan below !s not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment otthis tome to another document. Description of Attached Document Title or Type of Document: ?" r; !h' S aTPN e v» 1 Document Date: _'!� ±i'• 1) 2-0 nZ Number of Pages: Slgner(s) Other Than Named Above: 'No IV fs Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Topot Uwmbhere y Corporete Officer — Tlife(s): VI C P �r� j c(e y t ❑ Partner —0 Limited ❑ General ❑ Attorney in Fad ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing; A l hErz-t 4 -r.11 c . O 1BfT NBllengl NOMry gpOWeion • 6„50 0e SIXC A. e., P.O, BVe NO2 • Chn{eWenh. CA BIBU4pe2 Protl. Na W? RwRLm CDO TQ+F 1.5W&Te'5B27 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT sialt, of California County of SQY1 (5�r r,a �� n__ � SS. On T, 27j �on� ,before me,El� (pip cro95 1��aTfltzu PUb�IE Dow, Nun* D@i noe of awn to .'JDnh DW:. juloy Ncy personally appeared A16y_� VS - )::) 1 &5 140MOe) d Slnr�oge) KELLIE JO CROSS d COMM. #1222218 d' tdil NOTARY PUBLIC - CALIFORNIA SAN BERNARDINO COUNTY CO MY Comm. Expires June 25, 2003 Plate Nelary Sael A6 X personally known to me 01 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by histher /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. lure DI No18N, PUDYt OPTIONAL Though the lntcvmat/Dn below !a not required by low, it mey prove veluabre to persons retying on the document and could prevent fraudulant removal and roatfachmont of thie form to another document. Description of Attached Document Title or Type of Document: t�3 1 cl j 2> 5-i A 1'Q rat W T Document Date: ;16A Number of Pages: Slgner(s) Other Than Named Above: L --gib P— A- ,Na.0 Lt-- S Capacity(ies) Claimed by Signer Signer's Name: Al EpT 11 sag M C Individual ,S Corporate OfficerTivets): Pr'Y'Si A'e_" Z Top of Ovmb here ❑ Partner —❑ Limited Cl General ❑ Attomey in Fact C Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: i'A Z T W C O 1ep7 NAUM NDIAt Ae MMOn • 9= De Spa Awe., P.O. eve 2402 - Che rlh, CA 81813.2402 Pma. Nn ea07 Reorder: Call T*Fmt 1.80h875-aW CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BUCK GULLY SEWER BY- PASS /SIPHON ABANDONMENT CONTRACT NO. 3566 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: Mbex-+ W - Dcwt'42s ?T{n C. Business Address:g131 -HeAms --tie . rancho CJUM nom/ CA 9113o Telephone and Fax Number: (cVD[A) ':J?5q - 31 14 / 'IS9 -0 California State Contractor's License No. and Class: 3 70'6O+Co A (REQUIRED AT TIME OF AWARD) Original Date Issued: 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: 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 - R'7 t 4 ie5. Uiee. �fesi�t?nfi Say'ah L. wia e5 ac. /Trees). a 8TY7 +Ielm5 Aue,,, Rancho �Lkoa rnoneo _CA q 1730 Corporation organized under the laws of the State of C" �0 f n l CA -- &M The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: Mo KV 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; A ter~ W 4.L 3 • a Briefly summarize the parties' claims and defenses; sl Z", -i, f R Tq - tad SAM* Awn-&y h (Z% ,6-t -J 4, , ls 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 labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Ye / No Are any claims or actions unresolved or outstanding? Yes / No 0 0 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. Bidder (Print name of Owner or President of Corporation /Company) Authorized Signature/Title Title Date Subscribed and sworn to before me this day of 2002. [SEAL] EU 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BUCK GULLY SEWER BY- PASS /SIPHON ABANDONMENT CONTRACT NO. 3566 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 BUCK GULLY SEWER BY- PASS /SIPHON ABANDONMENT CONTRACT NO. 3566 CONTRACT THIS AGREEMENT, entered into this 8th day of October, 2002, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Albert W. Davies, Inc., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: BUCK GULLY SEWER BY- PASS /SIPHON ABANDONMENT Project Description: This project consists of relocating approximately 193 lineal feet of 8" sewer pipe. 68 feet of the line will be installed with 12 -inch steel casing. This relocation is being done to abandon a siphon crossing the Buck Gully. 3566 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. 3566, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 20 0 C. COMPENSATION As full compensation for the the Project as required by the Contract Documents, Contractor accepts as full payment the sum of hundred ten and 001100 Dollars ($87,810.00). This compensation includes: 0 performance and completion of City shall pay to Contractor and eighty -seven thousand, eight (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Michael Sinacori, P.E. (949) 644 -3342 F. LABOR CODE 3700 LIABILITY INSURANCE Contract, hereby certifies: Albert W. Davies, Inc. 8737 Helms Avenue Rancho Cucamonga, CA 91730 909- 989 -3714 909 - 989 -0754 Fax Contractor, by executing this "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self- insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 0 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 Scooe of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11185) or Insurance Services Office form number GL 0002 (Edition 1173) 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. Contractors 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 insurers liability. 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. 23 0 5. Acts of God 0 Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY 1. City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. 0 0 I. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 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. APPROVP AS TO FORM: " 1�—� CITY ATTORNEY 25 CITY OF NEWPORT BEACH A Municipal Corporation By: Mayor ALBERT W. DAVIES, INC. By: Authorized Signature and Title y ( C E /fit ES (DEn/C gCORD CERTIFICA-0 OF LIABILITY INSUFONCF, CSR DS VIE -D na10/04 /0 10/04/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION I�TRR ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CROSBY INS., INC. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 8181 E. KAISER BLVD. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE ANAMIM BILLS CA 92808 Phone:714- 221 -5200 Fax:714- 221 -5210 INSURED INSURER A: GENERAL ACCIDENT INS.CO. INSURER B: STATE COMPENSATION INS.FUND EACH OCCURRENCE INSURER C. CGU INSURANCE COMPANY ALBERT W. DAVIES, INC, INSURER D: WESTCHESTER FIRE INS.CO. P. O. Box 215 Rancho Cucamonga CA 91729 -0215 X COMMERCIAL GENERAL LIABILITY I CPP1220759 -02 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. I�TRR TYPE OF INSURANCE POLICY NUMBER DATE M/D/' EFFECTIVE POLICY AE (MM %DD/YY N LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Anyone tire) $300,000 A X COMMERCIAL GENERAL LIABILITY I CPP1220759 -02 11/01/01 11/01/02 CLAIMS MADE ❑ OCCUR MED EXP (Any one person) $ 10,000 PERSONAL S ADV INJURY $1,000,000 • BFPD /XCU /Contr. • Liab /OCPL GENERAL AGGREGATE $2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $2,000,000 17 POLICY X PRO LOC ECT A AUTOMOBILE LIABILITY ANY AUTO BA0320923 -02 11/01/01 11/01/02 COMBINED SINGLE LIMIT (Ea accident) Eenl) $1,000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accitlent) $ HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per amden) $ AGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHERTHAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG RE�CESS LIABILITY EACH OCCURRENCE 85,000,000 OCCUR DCLAIMSMADE CUB0204406 -00 11/01/01 11/01/02 AGGREGATE $5,000,000 $ DEDUCTIBLE X RETENTION $10,00 $ B WORKERS COMPENSATION AND EMPLOYERS'LIABILITV 6693017 -02 , 03/31/02 03/31/03 X TORY LIMITS ER E.L. EACH ACCIDENT $1,0001000 E.L. DISEASE - EA EMPLOYEE $ 1 , 000 , 000 E. L. DISEASE - POLICY LIMIT $1 000 000 OTHER D LEASED /RENTED CF12049198A 11 /01 /011 11/01/02 LIMIT: $150,000 EQUIPMENT I Special Form DESCRIPTION OF OPERATMNSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENBORSEMENTISPECIAL PROVISIONS Re: Buck Gully Sewer By- Pass /Siphon Abandonment Contract #3566. City of Newport Beach, its officers, agents, officials, employees and volunteers are named as Additional Insureds. Work Comp Waiver of Subrogation to follow from company. *10 Days Notice of Cancellation for Non - Payment of Premium. (xx /pr /wcwave /sevofint) VCnIIfIV,11c nVLVCR p I NUVI I IVNAL IKSUKCU; lNbUKCR LC I I LK: IrMRMCLLX HUN NEWPOR9 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL 0N6R*V9Rq" MAIL *10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, NVr?A?L"REA"- B&50'SRRLL City of Newport Beach Public Works Dept. P.O. Box 1768 _ Newport Beach CA 92659 -1768 AUTHORI EPRESE AT 1988 10 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 2" (7/97) 0 0 POLICY NUMBER:CPP122075902 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNER, LESSESS OR CONTRACTORS — (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: 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 II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work' for that insured by or for you. "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 if: • Your contract specifically requires that we consider this insurance to be primary or primary and non - contributory; or • You request before a loss that we consider this insurance to be primary or primary and non - contributory insurance; 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." CG 20 10 1185 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 0 0 POLICY NUMBER: CPP122075902 COMMERCIAL GENERAL LIABILITY CG 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHER TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: 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.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHER TO US Condition (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive the right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work' done under a contract with that person or organization and included in the "products- completed operations hazard ". This waiver applies on to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Offices, Inc., 1992 Page I of 1 9 0 GENERAL ACCIDENT This Endorsement Changes The Policy. Please Read It Carefully. Additional Insured Endorsement This endorsement modifies insurance provided under the following Business Automobile Coverage Form Truckers Coverage Form Named Insured: Policy Number: Albert W. Davies, Inc. BA0320923 -02 Additional Insured: Endorsement effective: Blanket was required by written contract From: 11 /01 /01 To: 11/1/02 Unless otherwise indicated above, will expire on policy expiration date The following paragraph is added to Section II.A.1. Who Is An Insured: The additional insured, shown in the schedule above, for all sums: i. that the additional insured must pay because of "bodily injury" or "property damage" to which this insurance applies: and ii. resulting from the additional insured's liability for the conduct of any other "insured ", but only to the extent of that liability. "It is agreed that such insurance as is afforded by this policy for the benefit of the additional insured shown shall be primary insurance, and any other insurance maintained by the additional insured(s) shall be excess and non - contributory but only as respects any claim, loss or liability arising out of the operations of claim, loss or liability is determined to be the sole negligence or responsibility of the named insured." A -8060 6.92 0 SEPARATION OF INSUREDS Insured: Albert W. Davies, Inc. Insurance Company: General Accident Insurance Company Policy No. CPP1220759 -02 Policy Period: 11 /01 /01 — 11/01/02 11 Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought CG 00 0I/EP 7/96 (CG 00 0107/96) 4OCT -11 -2002 FRI 02:19 PM CAL SURANCE FAX N0, 7149391654 P. 01 Fax #: CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: Dept. /Contact Received From: ShQu a- OW Date Completed: Da-- Sent to: —'41 e u n 0` By: - A 022� 1 a I Company /Person required to have certificate: A( b¢./f' Lei . Cf I) i ,S 1. GENERAL LIABILITY A. INSURANCE COMPANY: IMI B. AM BEST RATING (A: VII or greater): �A X V C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? 2 m'i 1 E. PRODUCTS AND COMPLETED OPERATIONS (Must induce): Is it included? 4Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? YYes ❑ 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 �CNo I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: B. AM BEST RATING (A: VII c C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? D. LIMITS (Must be $t M min. BI & PD and $500,000 UM): What is limits provided? E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ,fYes F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): / Is it included? f' (d— ❑ Yes 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. WYes ❑ No M. WORKERS' COMPENSATION A. INSURANCE COMPANY: 544, B. AM BEST RATING (A: VII or greater): — C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? ❑ No ❑ No Is it included? rxryes ❑ No ❑ Yes b�No Company Profile 0 Company Profile • Page 1 of 2 AIR in s° u" r On Re, FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1400 AMERICAN LANE, 19TH FLOOR TOWER 1 SCHUAMBURG, IL 60196 -1056 800 - 382 -2150 Agent for Service of Process ANDREW K: PLATT, CORPORATE CENTER 225 SOUTH LAKE AVE SUITE 700 PASADENA, CA 91101 -0000 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: NAIC Group #: California Company ID #: Date authorized in California: License Status: Company Type: State of Domicile: 39306 0212 2479 -4 January 01, 1982 UNLIMITED- NORMAL Property & Casualty MARYLAND Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossgry. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY lwjabjM FIRE LIABILITY MARINE MISCELLANEOUS http://www4.insurance.ca.gov/wu/idb—cO_prof utl.get co _prof?p_EID =6217 10/29/2002 �?a.27, 12x2 H li AM CNB Public Works 949- 644-3312 N0,5068 P. 4r7 • A #dum No. 1 - Page.: 3 of 6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT REVISED PROPOSAL BUCK. GULLY SEWER BY- PASS /SIPHON ABANDONMENT CONTRACT NO: 3566 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3566 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization Dollars and xx�� _.Cents Per Lump Sum 2. 123 L.F. Place 8-inch PVC SDR 335 Sewer �k @ ` Dollars x and lq Cents Per Lineal Foot 1 70 L.F. Jack 12 -inch Steel Casing and install 8 -inch SDR 35 Sewer Pipe $ a7v- $ S'40-) — $ 33,) -IV- Dollars and _ Cents $ $ 30i Per Lineal Foot flusers\pbw\shared\contracts \fy 02.03 \buck gully sewer by -pass c-35661addendum.dcc gep•21. 2002 11 :31AM CN8 Public Works 949 - 644 -3318 No -5068 P. 5/1 i A(,dum No.. 1 - Page. 4 of 6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 1 EA Construct 48 -inch Manhole per CNB STD-401 -L tIq Dollars and _ X><� Cents $ 41 $ 41 SDy Per Each 5. 1 L.S.. Remodel Existing Manhole @ d&q Dollars and x ✓�w Cents $ Per Lump Sum 6. 2 EA Remove and Construct Sewer Lateral and Cleanout @bol a and 1C,c� IOL Cents $ ( r 7 (:�i $ 3� 40V Per Each 7. 1 L.S. Abandon Existing 8 -inch Sewer and fill with Slurry Dollars and Cents SZ�u- Per Lump Sum 8. 1 L.S. Landscaping Dollars and Y1V« Cents $ I I SR)_ Per Lump Sum 9. 1 L.S. Provide As -Built Drawings @ twenty -five hundred Dollars and no Cents $ 2,500.00 Per Lump Sum f ,.luserslpbw\sharedlcontractslfy 02- 031buck gully sewer by -pass c3566%addendundoc So.a.27. 2002 11:32ANI GNB Public Works 949-644 -3318 N o , 5 0 6 8 P. 6/1 • Aondum No. t - Page: 5 of 6 TOTAL PRICE IN WRITTEN WORDS Dollars and x� � Cents $ �1r�iU Total Price (Figures) SWIG -EµSW 36,Wa Date &9 Bidders Bidders Telephone and Fax Numbers Bidder's License No(s). and Classifcation(s) A . Bidder Bidders Authorized Signature 6nd Title 8131 H-f-�S Aw,. . Bidders Address CA f :lusers\pbw\sharedlcontracts \fy 02- 03\buck gully sewer by -pass c-35661addendum.doc 0 0 1 1 1 1 2 6 2 2 2 2 2 2 2 3 3 3 3 3 3 4 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS BUCK GULLY SEWER BY- PASS /SIPHON ABANDONMENT CONTRACT NO. 3566 INTRODUCTION PART 1--- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -2 PROTECTION 5-7 ADJUSTMENTS TO GRADE 5 -8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 1 1 1 1 2 6 2 2 2 2 2 2 2 3 3 3 3 3 3 4 4 4 0 0 6 -7.4 Working Hours 4 6 -9 LIQUIDATED DAMAGES 4 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -7 COOPERATION AND COLLATERAL WORK 5 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 5 7 -8.8 Steel Plates 6 7 -10 PUBLIC CONVENIENCE AND SAFETY 6 7 -10.2 Storage of Equipment and Materials in Public Streets 6 7 -10.4 Public Safety 6 7- 10.4.1 Safety Orders 6 7 -10.7 Notice to Residents 6 7 -15 CONTRACTOR'S LICENSES 6 7 -16 CONTRACTOR'S RECORDSIAS BUILT DRAWINGS 7 SECTION 9 MEASUREMENT AND PAYMENT 7 9 -3 PAYMENT 7 9 -3.1 General 7 9 -3.2 Partial and Final Payment 9 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 9 201 -1 PORTLAND CEMENT CONCRETE 9 201 -1.1.2 Concrete Specified by Class 9 201 -2 REINFORCEMENT FOR CONCRETE 9 201 -2.2.1 Reinforcing Steel 9 201 -5 CEMENT MORTAR 9 201 -5.6 Quick Setting Grout 9 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 9 300 -1 CLEARING AND GRUBBING 9 300 -1.3 Removal and Disposal of Materials 9 300 -1.3.1 General 9 300 -1.3.2 Requirements 10 0 0 300 -1.5 Solid Waste Diversion 10 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 10 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 10 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 10 303 -5.1.1 General 10 303 -5.4 Joints 10 303 -5.4.1 General 10 303 -5.5 Finishing 10 303 -5.5.1 General 10 303 -5.5.2 Curb 11 PART 4 SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE, AND UNTREATED BASE MATERIAL 11 400 -2 UNTREATED BASE MATERIALS 11 400 -2.1 General 11 400 -2.1.1 Requirements 11 F: \USERS\PBWtiShared \Contracts \FY 02 -03 \BUCK GULLY SEWER BY -PASS C- 3566\SPECS INDEX C- 3566.doc CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS BUCK GULLY SEWER BY- PASS /SIPHON ABANDONMENT CONTRACT NO. 3566 INTRODUCTION All work necessary for the completion of this contract shall be done in accord with (1) these Special Provisions; (2) the Plans (Drawing No. S- 5193 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1994 edition), including Supplements; (4) Standard Specifications for Public Works Construction (1997 edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE. Add to this section: "The work necessary for the completion of this contract consists of relocating approximately 193 lineal feet of 8 -inch sewer pipe. 70 feet of the line will be installed with in a 12 -inch steel casing. This relocation is being done to abandon a siphon crossing the Buck Gully. Maintaining the existing sewer mains or bypassing of existing sewer mains is required as part of the project." 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The City will provide construction staking as required to construct the improvements. Any additional stakes or any restaking, or costs thereof, shall be the responsibility of the Contractor. The Contractor shall notify the City in writing two working days in advance of the time that the stakes are needed. The City's Surveyor will file a Corner Record or Record of Survey with the County Surveyor's Office prior to the start of any construction. After completion of all construction, the City's Surveyor will file a Corner Record or Record of Survey with the County Surveyor's Office for any monuments that have been replaced. All existing • • SP2OF11 street and property corner monuments are to be preserved. The Contractor will be back - charged for the cost of restoring any survey monument damaged by the Contractor outside the project limits." 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and protect them during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall have the affected survey monuments restored per records, at his expense. The Contractor's Engineer or Licensed Surveyor shall also file the required Corner Records with the County of Orange upon monument restoration. SECTION 3--- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. This Section only applies to work in excess of the estimated quantities shown in the Proposal." SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in • • SP3OF11 the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust to finish grade City - owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor shall coordinate the adjustment of Southern California Edison, The Gas Company, Pacific Bell and cable television facilities to the finish grade with the appropriate utility company. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing manhole ring and covers. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 -3402. SECTION 6 - -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed. No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work • • SP 4 OF 11 shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. The term "work" as used herein shall include all removal of P.C.C. curb and gutter, cross gutters, and asphalt base and pavement, grinding asphalt roadway, construction of P.G.C. curb and gutter, cross gutters, roadway base material, and asphalt concrete roadway, restoration of existing improvements impacted by the work, and construction of other incidental items of work." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 20 consecutive working days after the date on the Notice to Proceed. It will be the Contractor's responsibility to ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1s',' the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4'h, the first Monday in September (Labor Day), November 11'h (Veterans Day), the fourth Thursday in November (Thanksgiving), December 24'h, (Christmas Eve — half day), December 25`h (Christmas), and December 31 s' (New Year's Eve — half day). If January 1 st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 8:00 a.m. to 4:30 P.M. Monday through Friday. Should the Contractor elect to work outside normal working hours, he must first obtain special permission from the Engineer. The request may be for 4:30 P.M. to 6:30 P.M. on weekdays or 8:00 A.M. to 6 P.M. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $55.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500. " • • SP5OF11 Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Department. The City must approve any nighttime work in advance. The Contractor shall provide and install new water meter and valve boxes. All existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718- 3402." 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use the City's water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." All water used during construction will be paid for by the Contractor. This includes water for flushing pressure testing all lines and water used for irrigation during maintenance period for landscaping." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean." • • SP 6 OF 11 7 -8.8 Steel Plates. The City can provide a limited quantity of steel plates. These plates may be obtained for a rental charge of $15.00 per plate per week or part thereof. In addition the Contractor shall deposit $100 for the use of the City's lifting eye fitting and for the use of trench plates. The Contractor shall obtain plates from and return plates to the City's Utilities Yard at 949 West 16th Street. To determine the number of plates available and to reserve the plates, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (949) 718 -3402. 7 -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. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the iaydown area to its pre - construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.4 Public Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.7 Notices to Residents. Five working days prior to starting work, the Contractor shall deliver a construction notice to the adjacent residents describing the project and indicating the limits of construction. The City will provide the notice. Forty - eight hours before the start of any construction, the Contractor shall distribute to the adjacent residents a written notice stating when construction operations will start and what disruptions may occur and approximately when construction will be complete. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the Engineer. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General "A" Contractor's License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. { • • SP7OF11 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and submitted to the Engineer at the time each progress bill is submitted. Upon completion of the project, the Contractor shall provide "As- Built" corrections upon a copy of the Plans. The "As- Built' correction plans shall be submitted to the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit, each, and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparation of the SWPPP, preparation of the construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Remove interfering portions of 8 -inch Concrete gravity Sewer Pipe and install New 8 -inch PVC SDR 35 Gravity Sewer Pipe Including Trench Resurfacing: Work under this item shall include furnishing and installing all pipe material including, but not limited to, exposing utilities in advance of pipe excavation operations, trench excavation, shoring, bracing, temporary cover, control of surface water, bedding, backfill, compaction, installation of sewer pipe, potholing of all existing facilities, connections to existing facilities, removal, abandonment, or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials, and all other related work as required to install the pipe complete and in place. Item No. 3 Jack 12 -inch Steel Casing and install 8 -inch PVC SDR 35 Sewer Pipe: Work under this item shall include furnishing and installing all pipe material including, • • SP8OF11 but not limited to, installation of steel casing, placement of 8 -inch PVC SDR 35 sewer pipe with City approved skids, potholing of all existing facilities, connections to existing facilities, removal, abandonment, or protection of interfering portions of existing utilities or improvements, disposal of excess excavation materials, and all other related work as required to install the pipe complete and in place. Item No. 4 Construct 48 -inch I.D. Sewer Manhole: Work under this item shall include furnishing and installing the manhole per CNB STD - 401 -L, including, but not limited to, exposing utilities in advance of work, excavation, temporary cover, control of surface water, bedding, backfill, compaction, potholing of all existing facilities, connection to existing facilities, installation of base, shaft, grade rings, manhole frames and covers, removal, abandonment, or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials, and all other related work as required to construct the sewer manhole complete and in place. Item No. 5 Remodel Existing Manhole: Work under this item shall include furnishing and installing all materials and labor required to remodel the manhole per CNB STD - 401 -L, including, but not limited to, exposing utilities in advance of work, excavation, temporary cover, control of surface water, bedding, backfill, compaction, potholing of all existing facilities, connection to existing facilities, installation of base, shaft, grade rings, manhole frames and covers, removal, abandonment, or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials, and all other related work as required to construct the sewer manhole complete and in place. Item No. 6 Remove and Construct Sewer Lateral and Cleanout per CNB STD -406- L: Work under this item shall include furnishing and installing the sewer lateral and cleanout, including, but not limited to, exposing utilities in advance of work, excavation, temporary cover, control of surface water, bedding, backfill, compaction, potholing of all existing facilities, connection to existing facilities, removal, abandonment, or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials, and all other related work as required to construct the sewer lateral and cleanout complete and in place. Item No. 7 Abandon Existing 8 -inch Sewer and fill with Slurry: Work under this item shall include abandoning existing 8 -inch sewer, filling remaining portions with slurry backfill, and all other related work as required to fill existing sewer with backfill. Item No. 8 Landscaping: Work under this item shall include returning landscaping to similar condition before the start of construction. Item No. 9 Provide As -Built Drawings: Work under this item shall include all actions necessary to provide As -built drawings. • • SP90F11 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: 'Portland Cement concrete for construction shall be Class 560 -C- 3250." 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: 'Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." 201 -5 CEMENT MORTAR 201 -5.6 Quick Setting Grout. Add to this section: "The Contractor shall grout the area between an existing reinforced concrete structure and the new storm drain pipe with a quick setting grout." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. e J. • • SP 10 OF 11 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." And replace the words 1 '/2 inch" of the last sentence with the words "two (2) inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 2,000 psi." 303 -5.4 Joints 303 -5.4.1 General. Add to this section: 'The Contractor shall make a sawcut parallel to the centerline of the alley, 2 feet along each side of centerline, over the entire length of the alley. The Contractor may also sawcut the property lines, adjacent to the alley, in lieu of scoring the pavement along the property lines or constructing an edged cold joint. All sawcuts shall be made to a depth of 2 inches." 303 -5.5 Finishing 303 -5.5.1 General. Add to this section: 'The Contractor shall patch back A.C., P.C.C. and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color." • SP 11 OF 11 303 -5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718- 3402." PART 4 SECTION 400 - -- ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General 400 -2.1.1 Requirements. Add to this section: "The Contractor shall use crushed miscellaneous base as the base materials." F: \USERS \PB\MShared \Contracts \FY 02 -03 \BUCK GULLY SEWER BY -PASS C- 3566 \SPECS C- 3566.doc October 8, 2002 CITY COUNCIL AGENDA TO: Mayor and Members of the City Council OCiCoii FROM: Public Works Department SUBJECT: BUCK GULLY SEWER BY- PASS /SIPHON ABANDON CONTRACT NO. 3566 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3566 to Albert W. Davies for the Total Bid Price of $87,810, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $8,700 to cover the cost of unforeseen work. 4. Authorize a Budget Amendment appropriating $96,510 from the unappropriated Wastewater Fund Balance to Account No. 7531- C5600292 DISCUSSION: At 2:00 P.M. on the 30th of September, the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low Albert W. Davies, Inc. $87,810.00 2 GCI, Inc. $114,800.00 3 Caliagua, Inc $177,895.00 4 Paulus Engineering, Inc. $185,065.00 A mandatory pre -bid meeting was held for this project to discuss the difficult terrain at the location and the coordination necessary with the construction of a new house adjacent to the site. Although seven contractors attended the pre -bid meeting only four chose to submit a bid for this project. The low total bid amount is 8 percent below the Engineer's Estimate of $95,000. The low bidder, Albert W. Davies, possesses a General Contractor's "A" contractor's license as required by the project specifications. Albert W. Davies is currently working on the Dover Drive Zone II Water Transmission Main Replacement and Street Rehabilitation and has completed several similar projects successfully for other local public agencies. SUBJECT: BUCK GULLY SEWER PPASS/SIPHON ABANDONMENT -AWARD OF CONTICT NO. 3566 October 8, 2002 Page: 2 PROJECT DESCRIPTION The sewer system within the Shorecliffs community is served by two crossings under Buck Gully, the main siphon and a bypass siphon, which convey flow to the Buck Gully Sewer Pump Station. The main sewer siphon crossing Buck Gully was replaced after the last El Nino storms. The Buck Gully sewer siphon bypass also crosses Buck Gully upstream of the main siphon crossing. Storm and urban runoff over the past few years have slowly exposed the City's bypass sewer siphon. In addition to serving as an alternative method of conveying sewer flows during the maintenance of the main sewer siphon and pump station, the by -pass siphon also serves five homes along Evening Canyon Road. During the re- construction of the main siphon, the bypass was used to serve the entire community during construction. Recently, we also used the bypass during construction activities on the Buck Gully Pump Station. Since the bypass sewer is currently exposed and may be subjected to damage and potential sewer spills during this winter's storm flows, staff has designed an alternate sewer piping scheme to service the five homes and take the current bypass line out of service. This project will mitigate the current environmental concerns in the short term and provide staff adequate time to plan on a future replacement scheme for the bypass sewer. The proposed project calls for the installation of approximately 200 feet of 8 -inch sewer main in new easements along Evening Canyon Drive. Some of the new main will be tunneled to minimize disruption to residents' backyards. The remaining portions of sewer main will be installed by open cut construction methods. The sewer will re -route the services from five homes that currently drain to the bypass siphon, and connect them to the main siphon line. The by -pass (exposed in two places within the creek bottom), will remain in place, but be out of service. A future bypass sewer replacement and Buck Gully erosion repair /stabilization project may take place if the City is successful in securing outside grant funding. The project will be constructed in concert with a new house at 219 Evening Canyon Road. The property is cleared and in the initial stages of re- grading. The homeowner's contractor will allow the City access to construct the sewer main. PROJECT SCHEDULE AND FUNDING The project will begin upon City Council's approval and the acceptance of the new easements by the City Manager and should be completed in approximately one month. The aggressive schedule is being set to minimize disruptions to the current residents, to coordinate with the new residential construction at 219 Evening Canyon, and to ensure completion before the winter storm season. City staff is currently preparing documents to secure easements for the realignment of the sewer through three properties. The three affected property owners have agreed to provide these new easements to expedite the project. No work can begin until the easements are accepted by the City Manager in accordance with Resolution 92 -82. The summary vacation of the former easements will be submitted to Council for approval at a later date. 2 SUBJECT: BUCK GULLY SEWER Bl`T ssfSFHON ABANDONMENT - AWARD OF CONTO NO. 3566 October 8, 2002 Page: 3 Staff recommends the City Council 1) approve the plans and specifications; 2) award Contract No. 3566 to Albert W. Davies for the Total Bid Price of $87,810, and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $8,700 to cover the cost of unforeseen work; and 4) authorize a Budget Amendment appropriating $96,510 from the unappropriated Wastewater Fund Balance to Account No. 7531 - 05600292. BY: WORKS DEPARTMENT G. Badum, Director Michael J. S'ia6ori, P.E. Principal Civil Engineer Attachment: Project Location Map Bid Summary l 3 r = Z U W Q m �9 R OW a G W Y Z LL O 0 Ov M .J v '° IL IL O 0 N IW Y W V Q N � N O y Y � U V O U V � O H D S 0 J Q m m z c;8 d � o .. O N YI Y O Y N H W N 6 W QZ C � W Z 2 K W 6 E 6 Y K £ O N D 9� C W AOL Ask ` w I Obp�O C) pp Z I = U % ° o Q obp��p o m W wz by � O a z v ao r > Y S o. a W° � N m S Z v Q N O LL m O a. LU m O y N / � U o \' oQ / CL wQ Zwo �� U aw ti Q d Z _ a� U m > �g w W Z S / W S CJ) 2i } 0 z Z >-O Q z U Q w v a v0 m ma lity of Newport Beach • BUDGET AMENDMENT 2002 -03 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: NO. BA- 018 , AMOUNT: Ss6,slo.00 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expenditure appropriations related to the Buck Gully Sewer By-Pass/Siphon Abandonment - Award Contract No. 3566. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 530 3605 REVENUE ESTIMATES (3601) FundlDivision Account EXPENDITURE APPROPRIATIONS (3603) Description Sewer Enterprise Fund Balance Description Signed: Signed: T Financial Approval: Administrativd- Services Director Administrative Approval: City Manager Amount Debit Credit $96,510.00 ` $96,510.00 Date Date Signed: City Council Approval: City Clerk Date Description Division Number 7531 Sewer Main Replacement Account Number C5600292 Sewer Main Mstr Plan Improvement Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: T Financial Approval: Administrativd- Services Director Administrative Approval: City Manager Amount Debit Credit $96,510.00 ` $96,510.00 Date Date Signed: City Council Approval: City Clerk Date City of Newport Beach, BUDGET AMENDMENT 2002 -03 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: NO. BA- 018 AMOUNT: 596,510.00 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance 0 I U ? CITI' OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (949) 644 -3005 October 29. 2002 GCI Construction, Inc. 245 Fischer Avenue, B -3 Costa Mesa, CA 92626 Gentlemen: Thank you for your courtesy in submitting a bid for the Buck Gully Sewer By- Pass /Siphon Abandonment Project (Contract No. 3566) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, or% dl�).Akwh'�o LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach Ll CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT • BUCK GULLY SEWER BY- PASS /SIPHON ABANDONMEN1 CONTRACT NO. 3566 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and finely bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF THE AMOUNT OF THE BID Dollars ($ 107 OF BID ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of BUCK GULLY SEWER BY- PASS/SIPHON ABANDONMENT, Contract No. 3565 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 execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 23rd day of SEPTEMBER 2002. GCI CONSTRUCTION, INC. Name of Contractor (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAt Name of Surety 225 S. LAKE AVENUE STE. 700 Address of SuretyPASADENA CA 91101 (626) 792 -2311 Telephone Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange 0 Onk�, before me, Janet L. Russell – Notary Public Data Name and Tifle of Officer (e.g., Lane Doe, Notary Publid) personally appeared Floyd Bennett Name(s) of Signer(S) JANET L. RUSSELL Commission it 1335385 Notary Public- California Orange County AlyCanm. Etplrea Def:21, 2005 Place Notary Seal Aow . 5j personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by 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 ESS my hen ado i I seal. Signature of N tary FuClic ?�� OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Number of Pages: Individual e Top of thumb here C Corporate Officer — Title(s): ❑ Partner —C Limited ❑ General C. Attorney in Fact C Trustee ❑ Guardian or Conservator C Other: Signer is Representing: 0 1222N Wwy Nwou2o -wao oe2 A , P.o. 2g12f02•Ch- . CA 91a1S2W2•WenitloonFGaryAry Pme. No. soo] pepper Cif TOKM 1200•41eEW STATE OF COUNTY OF CALIFORNIA RIVERSIDE On �3��.�- before me, PERSONALLY APPEARED SS. R. STANDLEY MICHAEL D. STONG personally known to me to be the persory(T' whose nama'� is /are-subscribed to the within instrument and acknowl- edged to me that he /slie,' i,w executed the same in his/ '°.�wir authorized capacity(ies}; and that by his/4=/ t+:eir.signatureEs3-on the instrument the person(.), or the entity upon behalf of which the personfsj—acted, executed the instrument. WITNESS my hand and official seal. Signature Z OPTIONAL ,,..:, R, STANDLEY , 't5:x`•l. ra - � COMM. #1263272 NOTARYPUBLIC- CALIFORNIA J RIVERSIDE COUNTY \e.,.% MY Cor^^�• ExPl,, June 7, 20H This areafor 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 PERSON(S) OR ENTRY(IESI DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev. 6/94 ALL- PURPOSE ACKNOWLEDGEMENT Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: P.O. BOX 1227. BALTIMORE. MD 21203 -1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by W. B. WALBRECHER, Vice - President. and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company. which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Michael D. Stong, of Riverside, California, its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings and the execution of such bonds or undertakings in pursuance of these presents. shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acr��wledged by th ularly elected officers of the Company at its office in Baltimore. Md., in their own proper persons. ( \�' ^\oo �\� The said Assistant Secretary does hereby certify that the extract spQf�Yon the rev Rh`sOc hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. `� t.��,�SS$S___" M WITNESS WHEREOF, the said Vice - President and Assts etary hav to subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLo 0 . 1s 21st dam ary, A.D. 1998. ATTEST: FIDELITY ANIOSIT C�NY OF MARYLAND c v ESEAL r. S By: LtL6e. L T. E. Smith Assistant.fgcr W B. Walbrecher Vice- President State of Maryland ss: County of Baltimore 0 On this 21st day of January, A.D. 1998, before the r, a Notary Public of the State of Maryland. duly commissioned and qualified, came W. B. WALBRECHER, Vice - President and T. E. S Istant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and offi escribed in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly s venally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the pre inswment is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such offimrs were duly affixed scribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Z_C,_,71'fJ F ado r � N^ o to ry Ple My Ce Imiss Expires: August 1, 2000 CERTIFICATE L the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attomey -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-president, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." M TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 3 day of Assistant Secretary L1428 -012-0629 • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 October 29, 2002 Paulus Engineering, Inc. 2871 E. Coronado Street Anaheim, CA 92806 -2504 Gentlemen: Thank you for your courtesy in submitting a bid for the Buck Gully Sewer By- Pass /Siphon Abandonment Project (Contract No. 3566) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach BOND# 1306696 CITY OF NEWPORT BEACH PREMIUM -NIL PUBLIC WORKS DEPARTMENT BUCK GULLY SEWER BY- PASS /SIPHON ABANDONMENT CONTRACT NO. 3566 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 AMOUNT BID Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of BUCK GULLY SEWER BY- PASS /SIPHON ABANDONMENT, Contract No. 3566 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 execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 27TH day of PAULUS ENGINEERING, INC. Name of Contractor (Principal) GREAT AMERICAN INSURANCE COMPANY Name of Surety 750 THE CITY DRIVE, ORANGE, CA 92868 Address of Surety 714/740 -2400 Telephone DIANA LASKOWSKI / ATTORNEY -IN -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA On 9 -27 -02 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared _ known to me to be th1 within instrument and same in her authorized instrument the person person acted, executed DIANA LASKOWSKI personally a person whose name is subscribed to the acknowledged to me that she executed the capacity, and that by her signature on the or the entity upon behalf of which the the instrument. WITNESS my hand and official seal. LEXIESHERWOOD COMM. # 1311304 OOCOMM. NOTARY PUBLIC - CALIFORNIA +0 Signat a of Not try Public ORANGE COUNTY O EXP. JULY 27, 2005 - 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. DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OR TYPE OF DOCUMEWT NDIIDER OF PAGES I DATE OF DOCUMW 9 -27 -02 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE (S) ❑ PARTNER (S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER: SIGNER IS REPRESENTING: GREAT AMERICAN INSURANCE COMPANY NAME OF PERSON(S) OR ENTITY(S) � • r GUM MIERICAN INSURANCE COMOV4V 550 WALNUT STREET • CINCINNATI, OHIO 45202 •513- 369 -5000 • FAX 513. 723 -2740 The number of persons authorized by this power of attorney is not more than SIX POWER OF ATTORNEY No. 0 14046 KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power DAVID L. CULBERTSON DIANA LASKOWSKI ALL OF ALL CHARLES L. FLAKE KAREN CHANDLER ANAHEIM, UNLIMITED RICHARD A. COON LEXIE SHERWOOD CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attorney(s) -in -fact named above. IN WITNESS W HEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 19th day of June . 2001 Attest STATE OF OHIO, COUNTY OF HAMILTON — ss: GREAT AMERICAN INSURANCE COMPANY On this 19th day of June, 2001 , before me personally appeared DOUGLAS R. BOWEN, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -In -Fact to execute on behalf of the Company, as surety, anv and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof,• to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract orsuretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same fora and effect as though manually affixed. CERTIFICATION i I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. ;BiVed and sealed this 27TH day of SEPTEMBER 2002 r 5102" a um CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 09/27/02 before me, Cynthia J. Valencia, Notary Public Personally appeared Jason Paulus personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. �..ACf Witness my han and official seal. � ti3° °yp1vue q0/9 O � i=3 ��•'M N o O Y c U —Sign4fum of NotaqPKbfic M. EXPIRES" 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. DESCRIPTION OF ATTACHED DOCUMENT Bid Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 1 DATE OF DOCUMENT 09/27/02 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ® CORPORATE OFFICER SecretpaN.Pres. TITLE (S) ❑ PARTNER (S) ❑ ATTORNEY -IN-FACT ❑ TRUSTEE (S) ❑ OTHER: SIGNER IS REPRESENTING: Paulus Engineering. Inc. NAME OF PERSON (S) OR ENTITY (S) • • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (949) 6443005 October 29, 2002 Caliagua Inc. 15148 Sierra Bonita Lane Chino, CA 91710 Gentlemen: Thank you for your courtesy in submitting a bid for the Buck Gully Sewer By- Pass /Siphon Abandonment Project (Contract No. 3566) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, o4x7u� LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach i • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BUCK GULLY SEWER BY- PASSISIPHON ABANDONMENT CONTRACT NO. 3566 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of the Total Amount of the Bid in Dollars ($ 10% ), to bB paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of BUCK GULLY SEWER BY- PASSISIPHON ABANDONMENT, Contract No. 3566 ih the City of Newport Beach, is accepted by the City Councll of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed,: including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (34) calendar days after the date of the mailing of "Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 23rd day of September , 2002. Caliaeua, Inc. Name of Contractor (Principal) Fidelity and Guaranty Insurance Company Name of Surety 333 City Boulevard West, Suite 1100 Orange, CA 92868 Address of Surety 714 - 620 -0606 Telephone Autheized SignatureMtle Gus Bruner, President Authorized Agent Signattle Alexis H. Bryan, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) CALIFORNIA ALL - PURPOSE AASOWLEDGMENT . No. 5907 State Of California County of Orange On September 23, 2002 before me, Leigh McDonough, Notary Public DATE NAME, TITLE OF OFFICER, E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Alexis H. Bryan NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged 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 LEICI{MCDONOUG! behalf of which the person(s) acted, executed the instrument. Commission i 1328874 i Notary Publte- califomia i Orance County MyCmm.EXPI"Nov 6. 202008 WITNESS my hand and official seal. SIGNATURE OF NOT Y 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 ❑ PARTNER(S) I TITLE(S) HLIMITED GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTIY(IES) S4097nEEF MI DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE • Canoaa a • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } ss. County of San Bernardino J On 9/27/42 before me, Jolene Sword, Notary Public, Date Name and Title of Officer (e.g..'Jane Doe. Notary Public ") personally appeared Gus Bruner Name(s) of Signer(s) ON C I , " #1711y1 Nosy P, • CWVNr San earnaraq CalAN Comm. 6 Ina A Place Notary Seal Above �3 personally known to me r] proved to me on the basis of satisfactory evidence to be the person(24) whose name(aQ is /m subscribed to the within instrument and acknowledged to me that hePJPk 4gftxecuted the same in hisli§Mti4Wi authorized capacity(M3[ and that by his /km*kedx signature(§) on the instrument the person(*, or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1988 NetlarulNdary Aemdetlm•8330 DBSdoAe, P.C. BCx242• pmhwcM, CA 8131 &2,102• www.nibmadmlary.ory Pme. W. 51107 aeoroad Cell Ta Free 1.8 0 4 918 9977 ThegffVl Power of Attorney No. POWER OF ATTORNEY Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company 22775 United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Certificate No. 1401305 KNOW ALL :MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that SL Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland and that Fidelity and Guaranty Insurance Company Is a corporation duly organized under the laws of the State of Iowa. and that Fidelity and Guaranty Insurance Underwriters. Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein eollecrireh called the "Companies'). and that the Companies do hereby make, constitute and appoint James A. Schaller, Rhonda C. Abel, Jane Kepner, Nanette Mariella- Myers, Mike Pariziuo, Linda Enright, Jeri Apodaca, Patricia H. Brebner, Leigh McDonough and Alexis H. Bryan of the City of Costa Mesa , Stare California , their true and lawful Anomey(s) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings. contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and sealed this ¢th day of October 2001 Seaboard Surety Company United States Fidelity and Guaranty Company St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. SL Paul Mercury Insurance Company wrr° r sT 4♦ ,4 a � �4 � 0s ' i F' �`a`IS•E •,_ A "�„ Np,tt> r, oA ^ �',`Sr.♦ ' e b 4v 12 79 PETER \4. CARMAN. N, VV i ce Presden 'W m / State of Maryland City of Baltimore THOMAS I. HUIBREGTSE, Asei>tant Secretary On this 4th day of October 2001 , before me, the undersigned officer, personally appeared Peter W Carman and Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company. Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. W0 In Witness Whereof, I hereunto set my hand and official seal. m � qRV My Commission expires the Ist day of July, 2006, r� REBECCA E.A$LEY- ONOKALA, Notary Public AE GTI t 1 86203 Rev. 7 -2002 Printed in U.S.A.