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HomeMy WebLinkAboutC-3643 - Irvine Terrace Water Valve, Ocean Vista & Orange Street Water Main ReplacementsCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC August 22, 2007 John T. Malloy, Inc. 3032 Bandini Boulevard Los Angeles, CA 90023 Subject: Irvine Terrace Water Valve, Ocean Vista and Orange Street Water Main Replacement (C -3643) To Whom It May Concern: On August 22, 2006, 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 September 29, 2006. The Surety for the contract is Hartford fire Insurance Company, and the bond number is 72BCSDL3434. Enclosed is the Faithful Performance Bond. Sincerely, LaVonne M. Harkless, MMC City Clerk cc: Public Works Department Michael J. Sinacori, P.E. enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us This bond was issued in (4) four identical counterparts CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE TERRACE WATER VALVE, OCEAN VISTA & ORANGE STREET WATER MAIN REPLACEMENTS 1't4l: tf�QL �R¢' 4 }4" IS CONTRACT NO. 3643 BOND NO. 72BCSDL3434 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 6,881.00-- being at the rate of $ 10.25 per thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to ,JOHN T. MALLOY, INC., hereinafter designated as the "Principal ", a contract for construction of IRVINE TERRACE WATER VALVE, OCEAN VISTA & ORANGE STREET WATER MAIN REPLACEMENTS, Contract No. 3643 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. 3643 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Hartford Fire Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Six Hundred Seventy -One Thousand, Three Hundred and 001100 Dollars ($671,300.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 28 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 16th day of December 2005. CJ A LLOY, INC (Principal) Hartford Fire Insurance Company Name of Surety One Pointe Drive Brea, CA 92822 Address of Surety (714) 674 -1200 Telephone Daniel Huckabay, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED F:\USERS%PBW\Shared\ConkactslFY 05 -06\IRVINE TERRACE WATER VALVE C- 3643WEW CONTRACT C- 3643.doc M CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California County of Los Aneeles On 12 -16 -05 before me, Daniel Huckabay , Notary Public, personally appeared John T. Malloy , ® personally known to me -OR- ❑ DANIEL HUCKA�BA .4 COMM. #1454167 UJ NOTARY Pout- CAUFORNIAt4 It ORANGE COUNTY f. MY COMM. EXP. JAN. 1, 2008 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/ber/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. and official seal. Signature Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ® CORPORATE OFFICER President ❑ PARTNER(S) ❑ LIMITED ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) John T. Malloy, Inc. CAdCW 24 (7/W) DESCRIPTION OF ATTACHED DOCUMENT Faithful Performance Bond Type of Document Nurnber of ages 12 -16 -05 Date of Document Other than Names Above CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On 12/16/05 before me, Arturo Ayala, Notary Public Date Name, Title of Officer — E.G. "Jane Doe, NOTARY PUBLIC" personally appeared Daniel Huckabay NAME(S) OF SIGNER(S) RI 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 hislher /their signature(s) on the instrument AYALA person(s), or the entity upon behalf of SARTURO O1336235the OTARY PUBLIC- OALIFORNIAr4 which the person(s) acted, executed the ORANGE COUNTY instrument. COMM, [XP. DEC 23. Y003 WITNESS my hand and official seal SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Faithful Performance Bond TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED Two ❑ GENERAL NUMBER OF PAGES ®'ATTORNEY-IN-FACT ❑ TRUSTEE(S) 12/16/05 ❑ GUARDIAN /CONSERVATOR DATE OF DOCUMENT ❑ OTHER: SIGNER(S) OTHER THAN NAMED ABOVE SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Bond No. 72BCSDL3434 POWER OF ATTORNEY THE HARTFORD HARTFORD PLAZA Hartford Fire Insurance Company Twin City Fire Insurance Company 0 Hartford Casualty Insurance Company Hartford Insurance Company of Illinois 0 0 Hartford Accident and Indemnity Company Hartford Insurance Company of the Midwest = Hartford Underwriters Insurance Company Hartford Insurance Company of the Southeast 0 KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company, Hartford Accident and Indemnity Company and Hartford Underwriters Insurance Company, corporations duly organized under the laws of the State of Connecticut; Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois; Hartford Casualty Insurance Company, Twin City Fire Insurance Company and Hartford Insurance Company of the Midwest, corporations duty organized under the laws of the State of Indiana; and Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida; having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies ") do hereby make, constitute and appoint, up to the amount of unlimited: Ralph Eidem, Jr., Daniel Huckabay Of Anaheim, CA their true and lawful Attomey(s) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, 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, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. �. �i�•;ri':. ; N:r•. ro7a � �raya�j rntr Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT u, Hartford COUNTY OF HARTFORD John P. Hyland, Assistant Vice President On this 19hb day of September, 2000, before me personally came John P. Hyland, to me known, who being by me duly swom, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. fun H. wozoiak CERTI Id4TE Notary Public My Cnmminion Ezpires June 3a, Ze04 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of December 16th, 2005 Signed and sealed at the City of Hartford. (wnu,u � LOi7 0(m q?, G • N•yf• . • * I a Colleen Mastroianni, Assistant Vice President 3032 Bandini Boulevard Los Angeles, CA 90023 /Policy Number 72BCSDL3434 1AR'I't'011 j;:l IMPORTANT NOTICE TO OBLIGEES /POLICYHOLDERS - TERRORISM RISK INSURANCE ACT OF 2002 You are hereby notified that, under the Terrorism Risk Insurance Act of 2002, effective November 26, 2002, we must make terrorism coverage available in your bond /policy. However, the actual coverage provided by your bond /policy for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, limits, other provisions of your bond /policy, any endorsements to the bond /policy and generally applicable rules of law. Any terrorism coverage provided by this bond /policy is partially reinsured by the United States of America under a formula established by Federal Law. Under this formula, the United States will pay 90% of covered terrorism losses exceeding a statutorily - established deductible paid by sureties /insurers until such time as insured losses under the program reach $100 billion. If that occurs, Congress will determine the procedures for, and the source of, any payments for losses in excess of $100 billion. The premium charge that has been established for terrorism coverage under this bond /policy is either shown on this form or elsewhere in the bond /policy. If there is no premium shown for terrorism on this form or elsewhere in the bond /policy, there is no premium for the coverage. .............. ............................ . ,Terrorism premium:: $0 Form B -3333-0 Copyright 2002, The Hartford Page 1 of 1 Claims Inquiries Notice Hartford Fire Insurance Company Hartford Casualty Insurance Company Hartford Accident and Indemnity Company Hartford Underwriters Insurance Company Twin City Insurance Company Hartford Insurance Company of Illinois Hartford Insurance Company of the Midwest Hartford Insurance Company of the Southwest Please address inquiries regarding Claims for all surety and fidelity products issued by The Hartford's underwriting companies to the following: Phone Number: 888- 266 -3488 Fax — Claims 860- 757 -5835 or 860- 547 -8265 E -mail claims(a)1 stevsuretv.com Mailing Address The Hartford BOND, T-4 690 Asylum Avenue Hartford, CT 06115 Claims Inquiries Notice 2003 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC September 29, 2006 John T. Malloy, Inc. 3032 Bandini Boulevard Los Angeles, CA 90023 Subject: Irvine Terrace Water Valve, Ocean Vista & Orange Street Water Main Replacements (C -3643) To Whom It May Concern: On August 22, 2006, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on August 25, 2006, Reference No. 2006000570496. The Surety for the contract is Hartford Fire Insurance Company, and the bond number is 72BCSDL3434. Enclosed is the Labor & Materials Payment Bond. Sincerely, % Lao 4arkless, MMC l City Clerk cc: Public Works Department R. Gunther, P.E. encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us This bonds issued in (4) four identicalitnterparts CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE TERRACE WATER VALVE, OCEAN VISTA & ORANGE STREET WATER MAIN REPLACEMENTS THE FINAL PRE#JIIUSM'S CONTRACT NO. 3643 PP's' t �, .::. e FINAL C ®N'"'CT PPICE BOND NO. 72BCSDL3434 Premium $6,881.00 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to JOHN T. MALLOY, INC., hereinafter designated as the °Principal," a contract for construction of IRVINE TERRACE WATER VALVE, OCEAN VISTA & ORANGE STREET WATER MAIN REPLACEMENTS, Contract No. 3643 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. 3643 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, Hartford Fire Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (refereed to herein as "Surety') are held firmly bound unto the City of Newport Beach, in the sum of Six Hundred Seventy-One Thousand, Three Hundred and 001100 Dollars ($671,300.00) 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 attorneys 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 • 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 16th day of December , 2005. 940 r'�t MALLOY, I . (Principal) Hartford Fire Insurance Company Name of Surety One Pointe Drive Brea, CA 92822 Address of Surety (714) 674 -1200 Telephone Daniel Huckabay, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On 12- 16. 705 before me, Daniel Huckabay Notary Public, personally appeared John T. Malloy , Z 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 behalf of which the person(s) y DANIEL HUC KABAY� acted, executed the instrument. Ell COMM. #1454167N (q NOTARY PUBLIC- CALIFORNIA(4 ORANGE COUNTY MY COMM. EXP. PAN. 1. 2008 V WITNESS my hand and official seal. Signature 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 9 CORPORATE OFFICER President PARTNER(S) ❑ LIMITED ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) CA -IC W 24 (7100) DESCRIPTION OF ATTACHED DOCUMENT r and Material Bond Type of Document 2 Number of Pages 12 -16 -05 Date of Document Other than Names Above 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT 0 State of California County Of Orange On 12/16/05 before me, Arturo Ayala, Notary Public Date Name, Title of Officer— E.G. "Jane Doe, NOTARY PUBLIC" personally appeared Daniel Huckabay NAME(S) OF SIGNER(S) X❑ personally known to me OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his /her /their authorized capacity(ies), and - that by his /her /their signature(s) on the instrument ARTURO AYALA� the person(s), or the entity upon behalf of COMM. *1336239 which the person(s) acted, executed the vii MARY PUBLIC-CALIFORNIA instrument. hi ORANGE COUNTY N MY A0M16 cxP, Cta 1;3, 2006 WITNESS my hand and official seal SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Labor and Materials Payment Bond TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED Two ❑ GENERAL NUMBER OF PAGES ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) 12/16/05 ❑ GUARDIAN /CONSERVATOR DATE OF DOCUMENT ❑ OTHER: SIGNERS) OTHER THAN NAMED ABOVE SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) '0 ft Tom Daly, Clerk- Recorder Recorded in Official Records, Orange County RECORDING REQUESTED BY AND �Illlllflllllllllllllllllll llllllllllllllllllllllllhlllllll�IIIIIIIIIIINO FEE WHEN RECORDED RETURN TO: 200600057049611:19am 08125/06 City Clerk 112 45 N12 1 City of Newport Beach 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3300 Newport Boulevard Newport Beach, CA 92663 44 "Exempt from recording fees pursuant to Government Code Section 27383" N NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and John T. Malloy, Inc., of Los Angeles, California, as Contractor, entered into a Contract on December 13. 2005. Said Contract set forth certain improvements, as follows: Irvine Terrace Water Valve Ocean Vista & Orange Street Water Main Replacements C -3643 ".fork on said Contract was completed on July 13; 2006, and was found to be acceptable on August 22, 2006, by 'the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Hartford Fire Insurance Company. I certify, under penalty of perjury, that the foregoing_ is true and correct to the best of my knowledge. Executed on u A as t A 3_ a 00f at Newport Beach, California. ftly 67, i City Clerk 0 CC: r 8 N U I certify, under penalty of perjury, that the foregoing_ is true and correct to the best of my knowledge. Executed on u A as t A 3_ a 00f at Newport Beach, California. ftly 67, i City Clerk CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC August 23, 2006 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notices of Completion (C -3643 & C -3785) Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, MMC City Clerk Encls. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us • RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and John T. Malloy, Inc., of Los Angeles, California, as Contractor, entered into a Contract on December 13, 2005. Said Contract set forth certain improvements, as follows: Irvine Terrace Water Valve, Ocean Vista & Orange Street Water Main Replacements C -3643 Work on said Contract was completed on July 13. 2006, and was found to be acceptable on August 22. 2006, by the City Council. Title to said property'is vested in the Owner, and the Surety for said Contract is Hartford Fire Insurance Company. I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on BY / III City Clerk P;� ' P�5 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT C-30-5 Agenda Item No. 7 August 22, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Andy Tran, P.E. 949 - 644 -3315 or atran@city.newport- beach.ca.us SUBJECT: IRVINE TERRACE WATER VALVE, OCEAN VISTA AND ORANGE STREET WATER MAIN REPLACEMENTS — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3643 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 one (1) year after Council acceptance. DISCUSSION: On December 13, 2005, the City Council authorized the award of the Irvine Terrace Water Valve, Ocean Vista and Orange Street Water Main Replacements contract to John T. Malloy. The contract provided for the replacement of deteriorated water main and valves in the Irvine Terrace community, on Ocean Vista, and Orange Street. The contract has been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original Bid Amount: $671,300.00 Actual amount of bid items constructed: $714,854.00 Total amount of change orders: $108,671.02 Final contract cost: $823,525.02 The increase in the amount of actual bid items constructed over the original bid amount resulted mainly from an increase in the amount of water main and valves replaced on the contracted work. The final overall construction cost including Change Orders was 22.7 percent over the original bid amount. Irvine Terrace Water Valve, Ocean Vista and qfte Street Water Main Replacement - CompletioR11111111d Acceptance of Contract No. 3643 August 22, 2006 Page 2 Three change orders totaling $108,671.02 were issued for the project as follows: Change Order No. 1 for $22,300.00 provided for the relocation of five fire hydrants in the Newport Shores area. These fire hydrants were relocated to maximize the walkway clearance and improve handicap access. The streets in the Newport Shores area were scheduled to be rehabilitated as part of a separate contract. To avoid damaging new pavement, these fire hydrants were relocated prior to the start of the Newport Shores street rehabilitation contract. • Change Order No. 2 for $52,896.60 provided for the following: 1. Replacement of leaking water valves in the Newport Shores area 2. Delays due to non - functional water valves in the Newport Shores area 3. Repair of a water main break on Ocean Vista 4. Relocation of an additional fire hydrant in the West Newport area • Change Order No. 3 for $33,474.42 provided for the following: 1. Replacement of five fire hydrant buries on Ocean Vista 2. Addition of a new 1" water service at the intersection of East Coast Highway and Irvine Terrace 3. Unexpected concrete under asphalt pavement on East Coast Highway 4. Relocation of an additional fire hydrant in the Newport Shores area 5. Pavement rehabilitation on Ocean Vista from previous water main failures. Environmental Review: The project was exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines when the project was authorized by the City Council. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. Funds were expended from the following accounts for the project: Account Descrintion Account Number Amount Water Main Master Plan Improvements 7501- C5500074 $619,225.02 Program Pipeline Replacement Projects 7501- C5500578 $204,300.00 Total: $823,525.02 The original completion date was May 30, 2006. The completion date was extended to July 13, 2006, to accommodate the additional work. All work was substantially complete by the extended date. Prepared by: Andy Tran, P.E. Associate Civil Engineer Submitted b z., St a adum ublic orks Director This bond was issued in (4) four identical counterparts CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE TERRACE WATER VALVE, OCEAN VISTA & ORANGE STREET WATER MAIN REPLACEMENTS TE F1 NAt PR£ M1t. 1M IS - .... i f . % -1 . u Pr T PRICE FHINAL CoNTItA ; CONTRACT NO. 3643 BOND NO. 72BCSDL3434 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 6,881.00- - being at the rate of $ 10,'25 per thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to JOHN T. MALLOY, INC., hereinafter designated as the "Principal ", a contract for construction of IRVINE TERRACE WATER VALVE, OCEAN VISTA & ORANGE STREET WATER MAIN REPLACEMENTS, Contract No. 3643 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. 3643 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Hartford Fire Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Six Hundred Seventy-One Thousand, Three Hundred and 001100 Dollars ($671,300.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 28 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications, This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 16th day of December 2005. YUJ H . MALLOY, INC (Principal) Hartford Fire Insurance Company Name of Surety One Pointe Drive Brea, CA 92822 Address of Surety (714) 674 -1200 Telephone Daniel Huckabay, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED F:IUSERSNPBW\Shared%ContractsTY 05- 06\IRVINE TERRACE WATER VALVE C- 3643WEW CONTRACT C- 3643.doc O CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On 12 -16 -05 before me, Daniel Huckabay Notary Public, personally appeared John T. Malloy , ® personally known to me -OR- ❑ DANIEL "UCCKA� BAY COMM. #1454167 NOTARY PJeUO- CAUFORNIAy j= ORANGE COUNTY '+ MY GoMM. EXP. JAN. 1, 200a 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. WITNESS my hand and official seal. Signature Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ® CORPORATE OFFICER President ❑ PARTNER(S) ❑ LIMITED ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTiTY(IES) John T. Malloy, Inc. C,%-ICW 24 (7100) DESCRIPTION OF ATTACHED DOCUMENT Faithful Performance Bond Type of Document Number of Pages 12 -16 -05 Date of Document Other than Names Above CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On 12/16/05 before me, Arturo Ayala, Notary Public Date Name, Title of Officer - E.G. "Jane Doe, NOTARY PUBLIC' personally appeared Daniel Huckabay . NAME(S) OF SIGNER(S) x❑ personally known to me OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument rA ARTURO AYALA� "' COMM. #1336239 the person(s), or the entity upon behalf of to NOTARY PUBLIC- CALIFOfl 0 which the person(s) acted, executed the j� ORANGE COUNTY instrument. MY 00" sr. 23.2005 WITNESS my hand and official seal SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Faithful Performance Bond TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED Two ❑ GENERAL NUMBER OF PAGES ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) 12/16/05 ❑ GUARDIAN /CONSERVATOR DATE OF DOCUMENT ❑ OTHER: SIGNER(S) OTHER THAN NAMED ABOVE SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) POWER OF ATTORNEY Bond No. 72BCSDL3434 THE HARTFORD OX Hartford Fire Insurance Company Twin City Fire Insurance Company 0 Hartford Casualty Insurance Company Hartford, Insurance Company of Illinois Hartford Accident and Indemnity Company Hartford Insurance Company of the Midwest 0 Hartford Underwriters Insurance Company Hartford Insurance Company of the Southeast KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company, Hartford Accident and Indemnity Company and Hartford Underwriters Insurance Company, corporations duly organized under the laws of the State of Connecticut; Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois; Hartford Casualty Insurance Company, Twin City Fire Insurance Company and Hartford Insurance Company of the Midwest, corporations duly organized under the laws of the State of Indiana; and Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida; having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies ") do hereby make, constitute and appoint, up to the amount of unlimited: Ralph Eidem, Jr., Daniel Huckabay Of Anaheim, CA their true and lawful Attomey(s) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, 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, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. , f ,,,,,4 Lk. Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD ey,_ S.» `4 ys ......ryl j 19� �r+r•rq t John P. Hyland, Assistant Vice President On this 1 gtb day of September, 2000, before me personally came John P. Hyland, to me known, who being by me duly swom, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of December 16th, 2005 Signed and sealed at the City of Hartford. S `�� ���,.n�! �� rh4ss• • ty7Y � ): J079 j .P. 1 TT Tj� m � ��riL O`n • � µnon's � •.,r•'3 V Colleen Masiroiannl, Assistant Vice President Jean H. Wozniak CERTIFICATE Notary Public My Commission Expires June 30, 2004 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of December 16th, 2005 Signed and sealed at the City of Hartford. S `�� ���,.n�! �� rh4ss• • ty7Y � ): J079 j .P. 1 TT Tj� m � ��riL O`n • � µnon's � •.,r•'3 V Colleen Masiroiannl, Assistant Vice President Insured's Name John T. Malloy, Inc. Insured's Mailing Address: 3032 Bandini Boulevard Los Angeles, CA 90023 lPoficy Number 72BCSDL3434 r1 RE IMPORTANT NOTICE TO OBLIGEES /POLICYHOLDERS - TERRORISM RISK INSURANCE ACT OF 2002 You are hereby notified that, under the Terrorism Risk Insurance Act of 2002, effective November 26, 2002, we must make terrorism coverage available in your bond /policy. However, the actual coverage provided by your bond /policy for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, limits, other provisions of your bond /policy, any endorsements to the bond /policy and generally applicable rules of law. Any terrorism coverage provided by this bond /policy is partially reinsured by the United States of America under a formula established by Federal Law. Under this formula, the United States will pay 90% of covered terrorism losses exceeding a statutorily - established deductible paid by sureties /insurers until such time as insured losses under the program reach $100 billion. If that occurs, Congress will determine the procedures for, and the source of, any payments for losses in excess of $100 billion. The premium charge that has been established for terrorism coverage under this bond /policy is either shown on this form or elsewhere in the bond /policy. If there is no premium shown for terrorism on this form or elsewhere in the bond /policy, there is no premium for the coverage. Terrorism premium: $0 Form B- 3333 -0 Copyright 2002, The Hartford Page 1 of 1 Claims Inquiries Notice Hartford Fire Insurance Company Hartford Casualty Insurance Company Hartford Accident and Indemnity Company Hartford Underwriters Insurance Company Twin City Insurance Company Hartford Insurance Company of Illinois Hartford Insurance Company of the Midwest Hartford Insurance Company of the Southwest Please address inquiries regarding Claims for all surety and fidelity products issued by The Hartford's underwriting companies to the following: Phone Number: . 888- 266 -3488 Fax — Claims 860- 757 -5835 or 860 -547 -8265 E -mail claimsnu.l9Msuretv.com Mailing Address Claims Inquiries Notice 2003 The Hartford BOND, T-4 690 Asylum Avenue Hartford, CT 06115 CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 a.m. on the 3'd day of November, 2005, at which time such bids shall be opened and read for IRVINE TERRACE WATER VALVE OCEAN VISTA AND ORANGE STREET WATER MAIN REPLACEMENTS Title of Project Contract No. 3643 $720,000.00 Engineer's Estimate App r ed by tephen G. Badum Public Works Director PLAN HOLDER LIST AVAILABLE ON CITY WEBSITE http://www.city.newport- beach.ca.us CLICK: • Online Services • Public Works Contracts Bidding Prospective bidders may obtain one set of bid documents for $25 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 General "A" Contractor's License required for this project For further information, call Mike Sinacori, Project Manager at (949) 644 -3342 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE TERRACE WATER VALVE, OCEAN VISTA & ORANGE STREET WATER MAIN REPLACEMENTS CONTRACT NO. 3643 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ....................................:................... ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ........................................................ .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER ............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE TERRACE WATER VALVE, OCEAN VISTA & ORANGE STREET WATER MAIN REPLACEMENTS CONTRACT NO. 3643 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ISSUED BY AGENCY PRIOR TO 2. Cash, certified check or cashier's check (sum not less than 10- percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The 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). Please note, The Davis -Bacon Wage determinations are available at Federal Wage website: htto:/ /www.-qpo.gov /davisbacantca.htmi 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. 3 ,50 �'sI CIri5s A Contractor's License No. & Classification Bidder - V" Au hoy ed Signature/Title II /(r7�D� Date CITY OF NEWPORT BEACH. PUBLIC WORKS DEPARTMENT CONTRACT NO. 3643 Bond No. H -870 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% of bid ), to be paid and forfeited to the City of Newport Beacir if the bid proposal of the undersigned Principal for the construetion of IRVINE TERRACE WATER VALVE, OCEAN VISTA if ORANGE STREET WATER MAIN REPLACEIIAERM Contract No, 3643 in the City of Newport Beach, is accepted by the City Council of the (Sty of Newport Beach and the proposed contract is awarded to the Principal, and the Principal falls 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 witMn 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 24_ th - ayof October 2005. John T. Malloy, Inc. Name of Contractor (Principal) Hartford Fire Insurance Company Name of Surety One Pointe Drive, Brea, CA 42822 Address of Surety _(714) 674 -1200 Telephone (Notary acknowledgment of Principal 6 Surety must be attached) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On 10/24/05 before me, Arturo Ayala, Notary Public Date Name, Title of Officer— E.G. 'Jane Doe, NOTARY PUBLIC' personally appeared Daniel Huckabay NAME(S) OF SIGNER(S) Q 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 < �' URO A'YALA authorized capacity(ies), and that by his /her /their signature(s) on the instrument D, k hY ,PUBLIC- GAL'_0MIA [n of +icF COUNTY f4 the person(s), or the entity upon behalf of Y_ COLS Frl' ccc. �a. 20 which the person(s) acted, executed the instrument. WITNESS my hand and official seal SIGNATURE OF NOTARY- OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Bid Bond TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED One ❑ GENERAL NUMBER OF PAGES ❑X ATTORNEY -IN -FACT ❑ TRUSTEE(S) 10/24/05 ❑ GUARDIAN /CONSERVATOR DATE OF DOCUMENT ❑ OTHER: SIGNER(S) OTHER THAN NAMED ABOVE SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Bond No. H -870 POWER OF ATTORNEY THE HARTFORD HARTFORD PLAZA 0 Hartford Fire Insurance Company Twin City Fire Insurance Company FX Hartford Casualty Insurance Company Hartford Insurance Company of Illinois 0 OX Hartford Accident and Indemnity Company Hartford Insurance Company of the Midwest 0 Hartford Underwriters Insurance Company Hartford Insurance Company of the Southeast KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company, Hartford Accident and Indemnity Company and Hartford Underwriters Insurance Company, corporations duly organized under the laws of the State of Connecticut; Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois; Hartford Casualty Insurance Company, Twin City Fire Insurance Company and Hartford Insurance Company of the Midwest, corporations duly organized under the laws of the State of Indiana; and Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida; having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited., Ralph Eidem, Jr., Daniel Huckabay of Anaheim, CA their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, 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, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. .., , ... :� Ctrs is s s wnu 19ar 4 yy ��an,.n.�„ N•W 9e79• 1079 • •.•' • 'hq /hf •bnw• ,�,o a . n� Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT ss, Hartford COUNTY OF HARTFORD John P. Hyland, Assistant Vice President On this 19'" day of September, 2000, before me personally came John P. Hyland, to me known, who being by me duly swom, did depose and say: that he resides in the County of Hartford, Stale of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. • �cdxi 96`G!/i3sr*� Jean H. Wozniak CERTIFICATE Nouny Public My Commission Ezpi/es June 30, 2004 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of October 24th, 2005 Signed and sealed at the City of Hartford. 6111191= 7i 79' 0i0 .iii P' • a.nas Colleen Mast olanni, Assistant Vice President Insured's Name John T. Malloy, Inc. Insured's Mailing Address: 3032 Bandini Boulevard Los Angeles, CA 90023 /Policy Number H -870 TH 3 HARTFORD IMPORTANT NOTICE TO OBLIGEES /POLICYHOLDERS - TERRORISM RISK INSURANCE ACT OF 2002 You are hereby.notified that, under the Terrorism Risk Insurance Act of 2002, effective November 26, 2002, we must make terrorism coverage available in your bondipolicy. However, the actual coverage provided by your bond /policy for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, limits, other provisions of your bond /policy, any endorsements to the bond /policy and generally applicable rules of law. Any terrorism coverage provided by this bond /policy is partially reinsured by the United States of America under a formula established by Federal Law. Under this formula, the United States will pay 90% of covered terrorism losses exceeding a statutorily - established deductible paid by sureties/insurers until such time as insured losses under the program reach $100 billion. If that occurs, Congress will determine the procedures for, and the source of, any payments for losses in excess of $100 billion. The premium charge that has been established for terrorism coverage under this bond /policy is either shown on this form or elsewhere in the bond /policy. If there is no premium shown for terrorism on this form or elsewhere in the bond /policy, there is no premium for the coverage. �Terrorism premium:/ $0_ Form B- 3333 -0 Copyright 2002, The Hartford Page 1 of 1 Claims Inquiries Notice Hartford Fire Insurance Company Hartford Casualty Insurance Company Hartford Accident and Indemnity Company Hartford Underwriters Insurance Company Twin City Insurance Company Hartford Insurance Company of Illinois Hartford Insurance Company of the Midwest Hartford Insurance Company of the Southwest Please address inquiries regarding Claims for all surety and fidelity products issued by The Hartford's underwriting companies to the following: Phone Number: 888- 266 -3488 Fax — Claims 860- 757 -5835 or 860 -547 -8265 E -mail claimsna.l stepsurety.com Mailing Address The Hartford BOND, T -4 690 Asylum Avenue Hartford, CT 06115 Claims Inquiries Notice 2003 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On—Oct. 24, 2005 before me, Daniel Huckabay. Notary Public Date Name, Title of Officer- E.G. "Jane Doe, NOTARY PUBLIC" personally appeared Justin Malloy NAME(S) OF SIGNER(S) x❑ personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by - - - - his/herttheir signature(s) on the instrument DANIEL HUCKABL the person(s), or the entity upon behalf of COMM. #1454167 which the person(s) acted, executed the NOTARY PUBLIC- CALIFORNIA(4 1R ORANGE COUNTY . , instrument. MY COPAM EXP. JAN, 1. 268 WITNESS my hand and official seal SIG 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 DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL CORPORATE OFFICER Vice President Bid Bond TITLE OR TYPE OF DOCUMENT TITLES) ❑ PARTNER(S) ❑ LIMITED 1 ❑ GENERAL NUMBER OF PAGES ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) October 24, 2003 ❑ GUARDIAN /CONSERVATOR DATE OF DOCUMENT ❑ OTHER: SIGNER(S) OTHER THAN NAMED ABOVE SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Company Profile Page 1 of 2 Company Profile HARTFORD FIRE INSURANCE COMPANY 55 FARMINGTON AVENUE, SUITE 100 HARTFORD, CT 06105 -3725 800 - 243 -5860 Agent for Service of Process LORI CASTANEDA, 2730 GATEWAY OAKS DR SUITE 100 SACRAMENTO, CA 95833 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: 19682 0091 0085 -1 January 07, 1870 UNLIMITED - NORMAL Property & Casualty CONNECTICUT 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 Ig ossarv. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LEGALINSURANCE http: / /cdinswww. insurance. ca .gov /pls /wu_co_prof /idb_co_ prof uti.get_co_prof... 11/16/2005 Company Profile LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - November 08, 2005 01:05 PM Copyright © California Department of Insurance Disclaimer Page 2 of 2 http: / /cdinswww. insurance. ca .gov /plslwu_co_prof /idb_co_prof uti.get_cc_prof... 11/16/2005 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE TERRACE WATER VALVE, OCEAN VISTA & ORANGE STREET WATER MAIN REPLACEMENTS CONTRACT NO. 3643 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor`s Information Bid Item Description of Work %of Number Total Bid Name: « Address: Phone: State License Number: Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: Bidder Authori d Signature/Title �- 6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE TERRACE WATER VALVE, OCEAN VISTA & ORANGE STREET WATER MAIN REPLACEMENTS CONTRACT NO. 3643 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number Lo Ua6iz 147-,4 kts Wadrr U,s br, } LJa J7f Project Description k)a,1re- Mai la ion / Approximate Construction Dates: From S�Aq To: 916A AgencyName_�gl��Q Contact Person -j i cL L ra vc l, t_ r i Telephone (z 4 697-6.765 Original Contract Amount $moo __Final Contract Amount $ Gr� 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. 6), No. 2 j Project Name /Number ��SaA 6—m6r. 1 C- Ja Project Description W0. hr"'- m.a Approximate Construction Dates: From To: 1 �o < Agency Name <�n n C-10- 6114 � l LJajrr Oc ,�-,LnL Contact Person sJ (rn_ /%i, o e - Telephone &V X97 - 0 a 41 Original Contract Amount $-2qQrffFina1 Contract Amount $__ 53DG,00O;02- 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 /4Lk M&IA Approximate Construction Dates: From To: �o Agency Name Contact Persoi Original Contract Amount $3$aFinal Contract Amount $ q0o,0od� �- 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. a No. 4 Project Name/Number Pv.�ro f5 Project Description Approximate Construction Dates: From 11o4 To:� Agency Name ,44. Contact Person By ', I I U I A o Telephone (31o) d 2 -4G9 1 Original Contract Amount $ a 'I:inal Contract Amount $ '7C-01. ace. °L` 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 To: 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. 6 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Biader 10 Autho' ed ignatureffitle JOHN T. MALLOY, INC. KEY PERSONNEL TOM RYAN OPERATIONS MANAGER Tom has been with the company for approximately 6 years. He oversees field operations, negotiates change orders and closes projects and assists in estimating. His experience includes over 20 years in heavy civil construction including roads, bridges, runways and pipelines. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE TERRACE WATER VALVE, OCEAN VISTA & ORANGE STREET WATER MAIN REPLACEMENTS CONTRACT NO. 3643 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of n Lam) S j�e v being first duly swom, deposes and says tha e r she is /, L2 _ sW „Q...,-{— of To h, T. /P ! 6V , �c the pa 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. VI TM Lk V, Authoriz Signature/Title Subscribed and swom to before me this day of / vg-pt 6Le— 2005. [SEAL] Notary Public My Commission Expires: 11 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On-Nov. 10, 2005 before me, Daniel Huckabay. Notary Public Date Name, Title of Officer- E.G. "Jane Doe, NOTARY PUBLIC" personally appeared Justin Malloy NAMES) 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 DANIEL HUCKABAY the person(s), or the entity upon behalf of h COMM. #14541671 which the person(s) acted, executed the NOTARY PUBLIC -CALIFORNIA y instrument. ORANGE COUNTY •• MY COMM. EXP. JAN. 1, 2008 ESS my hand an official seal SIGNATUR NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL CORPORATE OFFICER Affidavit Vice President TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED 1 ❑ GENERAL NUMBER OF PAGES ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) November 1D, 2005 ❑ GUARDIAN /CONSERVATOR DATE OF DOCUMENT ❑ OTHER: SIGNER(S) OTHER THAN NAMED ABOVE SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 3643 DESIGNATION OF SURETIES Bidders 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): 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE TERRACE WATER VALVE, OCEAN VISTA & ORANGE STREET WATER MAIN REPLACEMENTS CONTRACT NO. 3643 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name ; JbLvt. mo-Iloy, 1- 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 Yearof for for for for for Record 2004 2003 2002 2001 2000 Total 2005 No. of contracts SD GO SS 60 657 4 Total dollar Amount of '419507,000 3J S3POW 319" Contracts (in �pqp 5� 000 / Thousands of $) / 1XMW 111110M 503300o A71413,000 No. of fatalities O No. of lost Workday Cases D d O C I 3 No. of lost workday cases involving permanent transfer to another job or termination of employment f 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 6 Business Address: d Business Tel. N o — R G4 I State Contractor's License No. and Classification: Title Vi The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title 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 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE TERRACE WATER VALVE, OCEAN VISTA & ORANGE STREET WATER MAIN REPLACEMENTS CONTRACT NO. 3643 ACKNOWLEDGEMENT OF ADDENDA Bidders name The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: 15 re Page: 1 of CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1FOR� ADDENDUM NO. 1 IRVINE TERRACE WATER VALVE, OCEAN VISTA AND ORANGE STREET WATER MAIN REPLACMENTS CONTRACT NO. 3643 DATE: 10 -27 -05 BY: TO: ALL PLANHOLDERS PLANS Director M. Detail T, Sheet 4 of 5: Change the reference to EXISTING 8" ACP to EXISTING 8" DIP SPECIAL PROVISIONS: SECTION 6 -7.4 Working Hours. Add to the following to first paragraph: Working hours for the East Coast Highway work shown on Plan Sheet 3 of 5 shall be 9:00 a.m. to 4:00 p.m. Working hours for the West Coast Highway work shown on Plan Sheet 5 of 5 shall be 7:30 a.m. to 4:00 p.m. APPENDIX TO SPECIAL PROVISIONS Attached for the Contractors use is the City's Caltrans Utility Maintenance Permit. The Contractor shall follow the requirements of this permit when working within West Coast Highway (Plan Sheet 5 of 5). Note, Caltrans has relinquished its rights to the City for East Coast Highway. The highway work shown on Plan Sheet 3 of 5 does not require Caltrans approval. p sharedlcontracts\fv 05 -06lirvine terrace water valve o36431addendu n.doc. f:\usersl lnvl Page: 2 of 13 Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. t X1rLrL AIL, Ulk l/ ��C Bidder's Name {Please t) Pri 20 0 S� Date ignature & t :fusers \pbw\sharedlcontractstfy 05- 06 \irvine terrace water valve c- 36431addendum.doc STATEOF CALIFORNIA -DEPARTMENT OFTRANSPORTATION STANDARD ENCROACHMENT PERMIT APPLICATION TR -0100 (REV. 02 /2004) PERMITNO. Permission is requested to encroach on the State highway right -of -way as follows: DIS /COIRTE/PM (Complete all BOXES [write N/A if not applicable[) '0 — This application is not complete until all requirements have been approved. SIMPLEX STAMP Page 1 5- I]UM_m 1.000NTY 2 2.ROUTE 3 3.POSTMILE - - - 67M ORANGE V VARIOUS V VARIOUS S 4. ADDRESS OR STREET NAME 5 5. CITY CITY OF NEWPORT BEACH 6. CROSS STREET (Distance and direction from site) 7 7. PORTION OF RIGHT -0F -WAY D DATE OF SIMPLEX STAMP 1 N/A 15. ❑ Double Permit Parent Permit Number Applicant's Reference Number / Utility Work Order Number 16. Have your plans been reviewed by another Caltrans branch? NO ❑ YES❑ (If "YES ") Who? 17. Completely describe work to be done within STATE highway. right -of -way : Attach 6 complete sets of FOLDED plans (folded 8.5" x 11" [216 mm x 280 mm]), and any applicable specifications, calculations, maps, etc. All dimensions shall be in dual units (English SL metric), OR exclusively in metric units. Permit application for work in State right of way for maintenance, emergency repairs, and /or minor replacement of existing water, sewer, or electrical facilities installed by developers or contractors. This permit application is also requesting permission to allow potholing for existing facilities, and minor lane closures for adjacent city road improvement projects. 18. Is a city, county, or other agency involved In the approval of this project? 0 YES (If "YES ", check type of project and attach environmental docementation and conothcns of approval. ) ❑ COMMERCIAL DEVELOPMENT ❑ BUILDING ❑ GRADING ❑ OTHER ® CATEGORICALLYEXEMPT ❑ NEGATIVE DECLARATION ❑ ENVIRONMENTAL IMPACT REPORT ❑ OTHER ❑ NO (If "NO ", please check the category below which best describes the project, and complete page 4 of this application.) ❑ DRIVEWAY OR ROAD APPROACH, RECONSTRUCTION, MAINTENANCE, OR RESURFACING ❑ FENCE ❑ PUBLIC UTILITY MODIFICATIONS, EXTENSIONS, HOOKUPS ❑ MAILBOX ❑ FLAGS, SIGNS, BANNERS, DECORATIONS, PARADES AND CELEBRATIONS ❑ EROSION CONTROL ❑ OTHER ❑ LANDSCAPING 19. Will this project cause a substantial change in the significance of a historical resource (45 years or older), or c Plural resource? [:]YES 2 NO (If "YES ", provide a description) 20. Is this project on an existing highway or street where the activity involves removal of a scenic resource including a significant tree or stand of trees, a rock outcropping or a historic building? ❑ YES 0 NO (if 'YES ", provide a description) - 21, :la,work being done on applicant's property? ❑ YES [Z NO (if 'YES-, attach site and grading plans.) 3 For individuals with sensory disabilities, this document is available in ahernaie formats. For information call (916) 654.6610 or TDD (916) 654 -388D or orms Maoallemen41120 N Skee[ MS-89, Samamento, CA 95814 - STATE OF CALIFORNIA• DEPARTMENTOF TRANSPORTATION Page 2 STANDARD ENCROACHMENT PERMIT APPLICATION n TR -0100 (REV. 0212004) , {qxr t 1UtA 22. Will this proposed project require the disturbance of soil within highway right-of -way? Q YES ❑ NO If'YES ", estimate the area in square feet AND acres: 300 (Varies w/ repairs) 1n') < 0.1 (acres) 23. WIN this proposed project require dewatering? i2 YES ❑ NO M "YES', estimate daily wiume in gallons per day: minor If required (gpd) 24. How will any atom water or ground water be disposed of from within or near the limits of this proposed project? []Storm Drain System ® Combined Sewer / Storm System ❑Stone Water Retention Basin ❑Other (explain): PLEASEREADTHEFOLLOWWG CLAUSES PRIORTO SLGMNGTHJS ENCROACM4ENTPERMITAPPLICATION. The applicant, understands and herein agrees to that an encroachment permit can be denied, andlar a bond requiredfornon- paymentofpriororpresenfencroachmentpermitfees. Encroachment Permit feesmaystfllbe due when an application is withdrawn or denied, and that a denial may be appealed, in accordance with the California Streets and Highways Code, Section 671.5. All workshall be done in accordance with Caltrans rules andregula tions subject to inspection and approval. The applicant understandsandhereinagreestothegeneralprovisions, specia 1provisionsandconditionsofthe encroachment permit and to indemnify and hold harmless the State, its officers, directors, agents, employees and each of them (indemnitees) from and againstanyand all claims, demands, causes ofaction, damages, costs, expenses, actual attorneys'fees, judgments, losses and liabilifies ofeverykind and nature whatsoever (Claims) arising outof orin connection with the issuance and /or use of this encroachment peimitfor. l) bodilyinjury and/ ordeath to persons including but not limited to the Applicant the State and its officers, directors, agents and employees, the Indemnities, and the public; and 2) damage to property of anyone. Except as provided bylaw, the indemnification provisions stated above shall apply regardless of the existence or degree of fault of Indemnities. The Applicant, however, shall not be obligated to indemnify Indemnities for Claims arising from conduct delineated in Civil Code Section 2782. DISCHARGES OFSTORM WA TERAND NON-STORM WATER. Work within State highwayright- of- wayshallbe conducted in compliance with all applicable requirements of the National Pollutant Discharge Elimination System (NPDES)permifissue rtotheDepartmentofTransportation( Department ),togovern thedischargeofstorm waterandnon -storm waterfrom its properties. Workshall also be in compliance with all otherapplicable Federal, State andLocal laws andregulations, and with the Department's Encroachment Permits Manualand encroachment permit. Compliance with the Depaitments NPDES permit requires amongst other things, the preparation and submission ofa Storm Waterloollution Protection Plan (SWPPP), ora WaterPollution Control Program (WPCP), and the approval of same by the appropriate reviewing authority prior to the start of any work. Information on the requirements may also be reviewed on the Department's Construction Website at., hYA.'Ilwww.dot.ca.govlh lcoconsfruclstorrnwaterl.htm 25. NAME of APPLICANT or ORGANIZATION (Printor Type) IE- MAILADDRESS CITY OF NEWPORT BEACH ADDRESS of APPLICANT or ORGANIZATION WHERE PERMIT IS TO BE MAILED (Include City and Zip Code) 3300 NEWPORT BOULEVARD, NEWPORT BEACH, CA 92663 PHONE NUMBER FAX NUMBER (949) 6443311 (9 49) 644 -3308 26. NAME of AUTHORIZED AGENT/ ENGINEER (Print or Type) ISLETEROFAUTHORIZATIONATTACHED .E- MAILADDRESS MICHAEL J. SINACORI ❑ YES ❑ No msinacori@city.newport- beach.ca.I BOULEVARD, PHONE NUMBER FAXNUMBER - (949) 6443342 (949) 6443308 2s. J. SINACORI 130 DATE ENG. 9/02//2005 r. -.... .. ... . ....... 130 DATE ENG. 9/02//2005 STATE OF CALIFORNIA •DEPARTMENT OFTRANSPORTATION Page STANDARD ENCROACHMENT PERMIT APPLICATION TR -0100 (REV. 0212004) PERMITNUMBER. ❑ CASH ❑ CREDITCARD NAME ON CARD PHONENUMBER CHECK NUMBER NAMEONCHECK PHONENUMBER EXEMPT ❑ PROJECT EA ❑ DEFERRED BILLING (Utility) CALCULATED BY I(1) I(2) REVIEW t. FEE IDEPOSIT DATE 2. FEE l DEPOSIT DATE- TOTAL FEE / 'DEPOSIT I. HOURS @ $ $ $. 2. HOURS @ $ $ $ INSPECTION - 1. FEE / DEPOSIT DATE 2. FEE l DEPOSIT DATE TOTAL FEE /.DEPOSIT 1. HOURS @ S $ $ 2. HOURS @ S_ $ $ FIELDWORK HOURS @ $ I $ $ $ DEPOSIT DATE DEPOSIT DATE DEPOSIT EQUIPMENT& MATERIALS CASHDEPOSITIN LIEU OF BOND $ $ $ TOTAL COLLECTED $ $ CASHIER'S INITIALS $ The current hourly rate is set annually by Headquarters Accounting. District Office staff do not have .authority to modify this rate. PERFORMANCEBOND ❑ DATE AMOUNT DATE PAYMENTBOND ❑ SAMOUNT AMOUNT LIABILITY INSURANCE REQUIRED? ❑ YES E] NO $ STATE OF CALIFORNIA- DEPARTM ENT 0FTRANSPORTATION Page 4 STANDARD ENCROACHMENT PERMIT APPLICATION ` TR -0100 (REV. 02/2004) �% { N U _ i� 16 � INSTRUCTIONS for completing page 4 This page needs to be completed when the proposed project DOES NOT involve a City, County or other public agency. Youranswers to these questions will assist departmental staff in identifying any physical, biological, social oreconomic resources that maybe affected byyourproposed projectwithin the State highway right -of -way. And, to determine which type of environmental studies maybe required to approve yourapplication foran encroachment permit. It is the applicant's responsibility forthe production of all required environmental documentation and supporting studies, insome cases this maybe costly and time-consuming. If possible, attach photographs of the location ofthe proposed project Please answerthese questions to the best of your ability. Provide a description of any "YES" answers (type, name, number, etc.) 1. Will any existing vegetation and /or landscaping within the highway right -of -way be disturbed? no 2. Will the proposed project involve any soil disturbance within highway right -of -way (trenching or excavation)? 3. Are there waterways (river, creek, pond, natural pool or dry streambed) adjacent to or within the limits of the project . or highway right-of -way? - 4. Is the proposed project located within five miles of the coast line? yes S. Will the proposed project generate construction noise levels greater than 86 dBA (i.e. jack- hammering, pile driving)? no 6. Will the proposed project incorporate land from a public park, recreation area or wildlife refuge open to the public? 7. Are there any recreational trails or paths within the limits of the proposed project or highway right -of -way? no 8. Will the proposed project impact any structures, buildings, rail lines, or bridges within highway right-of-way? no 9. Will the proposed project impact access to any businesses or residences? no 10. Will the proposed project impact any existing public utilities or public services? no 11. Will the proposed project impact existing pedestrian facilities, such as sidewalks, crosswalks, or overcrossings? no 12. Will new lighting be constructed within or adjacent to highway right -of -way? no STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION ENCI2OACMaENT PERNUT ANNUAL UTILITY PROVISIONS TR - 0160 (Rev. 2/94) Any public utility or public corporation who lawfully maintains a utility encroachment, or their agent, may perform routine or emergency maintenance on such facility in accordance with the following provisions: UEI. EXCLUSIONS: These provisions do not authorize tree trimming, work on freeways, expressways, aerial capacity increase on designated "Scenic Highways ", or other activities not specifically provided for in this permit. UE2. , POSSESSION OF PERMIT REQUIRED: The permit 3. Perform insulator washing and interconnect, splicing of cables. 4. Install or remove service connections with potential to ground of 300 volts or less, except over the traveled way. 5. Install, maintain, remove, repair or replace aerial service connections with potential to ground of 300 volts or less, over the traveled way when specifically stated in permit. 6. Installations and clearances shall be equal to those ' -mac- .,.;. .. ,, ..... ..,... ......_. or a copy thereof shall be kept at the site of the work r required by either the State of California Public Utilities ' and must be shown to any representative of the C Commission orders or the California Occupational Safety Department or any law enforcement officer on demand- a and Health Regulations (CAL - OSHA), Division of WORK SHALL BE SUSPENDED IF PERMIT IS NOT I Industrial Safety, Safety Orders, promulgated in the AT JOB SITE AS PROVIDED. C California Code of Regulations, Title 8, Chapter 4, whichever is greater. UE3. N NOTICE REQUIRED: Before starting work, the pennittee shall notify the Department's representative. L LIES. W WORK PERMITTED - UNDERGROUND: In emergencies, the Department's representative shall be noted as soon as possible. 1 1. M Maintain, inspect, remove, repair or replace (in the same location) all underground facilities except those requiring UE4. S ST.iNDARDS OF WORK: All work shalt conform to t trenching in the traveled way. recognized standards of utility construction and Department's current Standard Specifications. 2 2. I Install additional capacity in existing ducts except for facilities not in compliance with the Department's current UE5. E EMERGENCY REPAIRS: The permittee may make - - Manual on High and Low Risk Facilities within emergency repairs, altering traffic flow, excavating H Highway Rights of Way" or on Structures. - through improved surfaces, only when breaks in the conduit, cable, or pipeline over or under the pavement 3 3. I Install air flow monitoring transducers and piping in present a definite public hazard or serious interruption of e existing ducts. essential service. In such cases, the Department's representative shall be notified immediately. 4 4. B Barholing, potholing, cleaning, rodding and placing float ropes. UE6. O OPEN EXCAVATIONS: No excavation shall be left open after daylight hours, unless specifically authorized 5 5. A Adjust access cover to grade and replace in kind or with and adequate protection for traffic is provided in l larger size pull boxes. accordance with general provisions, "Protection of Traffic". Backfill and pavement replacement shall be 6 6. I Interconnect splicing of cables. performed in accordance with General Provisions, ' ' "Restoration.and Repairs in Rights of Way ". 7 7. I Install service connections perpendicular to the highway using jacking and boring methods under the raveled UE7. T TRAFFIC CONTROL HOURS: Work requiring traffic w way. Electrical service is restricted to a potential to control shall be conducted between 9:00 a.m. and 3:00 g ground of 300.volts or less. Gas and domestic water p.m. or as otherwise authorized by the Department's s services are restricted to 5.08 centimeter (2 ") in diameter representative. o or less. UE& W WORK PERMITTED - AERIAL: 8 8. P Permanent pavement patching for work authorized by this permit. 1. I Install additional capacity (in the same location), except facilities over the traveled way on designated "Scenic U UF10. F FAILURE TO COMPLY: Failure to comply with the Highways ", or on Structures. t terms and conditions above shall be grounds for revocation of this permit. 2. M Maintain, inspect, remove, repair or replace (in the same _ _ location) all aerial facilities except over the traveled way or on Structures: _ - -� sa� own. . STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION ENCROACHMENT PERMIT UTILITY MAINTENANCE PROVISIONS TR -0161 (REV. 2/94) Any public utility or public corporation who lawfully maintains a utility encroachment, or their agent may perform routine or emergency maintenance on such facility in accordance with the following, provisions (unless updated at some future time, thence the future provisions shall govem): UM 1. Exclusions: These provisions do not authorize tree trimming, work on freeways, expressways, or other activities not specifically provided tot in this permit. UM2. Possession of Permit Required: The permit or a copy thereof shall be kept at the site of the work and must be shown to any representative of the Department or any law enforcement officer on demand. WORK SHALL BE SUSPENDED IF PERMIT IS NOT AT JOB SITE AS.PROVIDED. UM3. Notice Required: 'Before starting work, the permittee shall notify the Department's representative. In emergencies, the Department's representative shall be notified as soon as possible. U M4. Standard of Work: All work shall conform to recognized standards of utility construction and the Department's current Standard Specifications. U M5. Emergency Repairs: The permittee may make emergency repairs, altering traffic flow, excavating through improved surfaces, only when breaks in the conduit, cable, or pipeline over or under the pavement present a definite public hazard or serious interruption of essential service. In such cases, the Department's representative shall be notified immediately. UMS. Open Excavations: .No excavation shall be Jeff open after daylight hours, unless specifically authorized and adequate protection for traffic is ,provided In accordance with the General Provisions "Protection of Traffic Backfill and pavement replacement shall be performed in accordance with the applicable General Provisions (i.e., "Making Repairs", "Backfflling"). UM7. Service Connection: These provisions do not authorize installation of conduit, cable, gas, or water service connections within State highway right -of- way, regardless of the location of the main, existing conduit!or cable. All new underground or pipe: abandon services must:�be epsxered. by individual permits- See Section "uM8.4." regarding sere connections for aerial wines. UM8. Routine Inspection, and Maintenance: 1. Routine Maintenance and Inspection: Routine Maintenance and inspection on the roadbed shall be conducted between 9:00 am. and 3:00 p.m., or as otherwise authorized in writing by the Department's representative. 2. Manholes: The permittee may open existing manhoies to repair underground cables. Where the manhole lies within the improved surface of the highway, the permittee will provide adequate protection for traffic in accordance with the General Provisions "Protection of Traffic ". S. Excavations: Excavations for routine inspection and repair of pipeline and cables shall: a. Not be made in improved surfaces, landscaped areas or closer than 3.04 meter.(10') to the edge of the pavement without a special permit; arid b. Not uncover more than 15.24 meter (50') of line at any one time: 4. Poles Lines: Permittee is authorized to: a. Stub, or reset existing pole, provided no change in location of pole or anchor is made. Stubs and anchors must not be placed between existing. pole and traveled way. b. Replace poles, guy poles, arid crossarms in same location limited to two (2) consecutive poles. No additional poles or guy poles are authorized under this routine maintenance provision. c. Replace broken pins and insulators, repair broken wires, pull slack wires, and replace or pull broken or slack guys. d: Repair and complete transfer work on existing aerial cables. e. Install new and replace existing transformers on existing poles. I. Replace aerial wires and crossarms on existing poles except where wires cross the highway. Unless otherwise specifically required by the Department, protected cable, tree wire or plastic tree wire guard used for communication lines may be used through trees where necessary, provided the appearance of the tree or the tree itself will not be damaged. This section "f." does not apply to scenic highways. g. Installations and clearances shall be equal to those required by either the California Public utilities Commission Orders or the California Occupational Safety and Health (CAL -OSHA) Safety Orders, whichever is greater. h. Clear grass from around base of poles and excavate ( , STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION ENCROACHMENT PERMIT GENERAL PROVISIONS TR -0045 (REV. 1W -004) 1. AUTHORITY: The Department's authority to issue encroachment 12. .permits is provided under, Div. 1, Chpt. 3, Art. 1, Sect. 660 to 734 of the Streets and Highways Code. REVOCATION: Encroaclunent permits are revocable on five days notice unless otherwise stated on the permit and except as provided by law for public corporations, franchise holders, and utilities. These General Provisions and the Encroachment Permit Utility Provisions are subject to modification or abrogation at any time. Permittees' joint use agreements, franchise rights, reserved rights or any other agreements for operating purposes in State highway right of way are exceptions to this revocation. 3. DENIAL FOR NONPAYMENT OF FEES: Failure to pay permit fees when due can resull in rejection of future applications and denial of perniLs. 4. ASSIGNMENT: No party other than the pennittee or permittee's authorized agent i5 allowed to work under this permit. 5. ACCEPTANCE OF PROVISIONS: Permince understands and agrees to accept these General Provisions and all attachments to this permit, for any work to be performed under this permit. 6. BEGINNING OF WORK: When traffic is not impacted (see Number 35), the pennittee shall notify the Departments representative, two (2) days before the intent to start permitted work. Permittee shall notify the Department's Representative if the work is to be hhterrupted for a period of five (5) days or more, unless otherwise agreed upon. Ali work shall be performed on weekdays during regular work hours, excluding holidays, unless otherwise specified in this pemrit. 13. PERMITS FROM OTHER AGENCIES: This permit is invalidated if the permittee has not obtained all permits necessary and required by law, from the Public Utilities Commission of the State of California (PUC), California Occupational Safety and Health Administration (Cal- OSHA), or any other public agency having jurisdiction. PEDESTRIAN AND BICYCLIST SAFETY: A safe minimum passageway of 4' (1.21 meter) shall be maintained through the work area at existing pedestrian or bicycle facilities. At no time shall pedestrians be diverted onto a portion of the street used for vehicular traffic. At locations where safe alternate passageways cannot be provided, appropriate signs and barricades shall be installed at the limits of construction acrd in advance of the limits of construction at the nearest crosswalk or intersection to detour pedestrians to facilities across the street. 14. PUBLIC TRAFFIC CONTROL: As required by law, the permittee shall provide traffic control protection wanting signs, lights, safety devices, etc., and take all other measures necessary for traveling public's safety. Day and night time lane closures shall comply with the MUTCD and CA Supplement (Part 6, Temporary Traffic Control), Standard Plans, and Standard Specifications for traffic control systems. These General Provisions are not intended to impose upon the permittee, by third parties, any duty or standard of rare, greater than or different from, as required by law. 15. MLNIMUM INTERFERENCE WITH TRAFFIC: Permittee shall plan and conduct work so as to create the least possible inconvenience to the traveling public; traffic shall not be unreasonably delayed. On canventional highways, permittee shall place prhperly attired flagger(s) to stop or warn the traveling public in compliance with the MUTCD and CA Supplement (Chapter 6E, Flagger Control). . 7. STANDARDS OF CONSTRUCTION: All work performed withiti 16. highway right of way shall conform to recognized construction standards and current Department Standard Specifications, Department Standard Plans High and Low Risk Facility Specifications, and Utility Special Provisions. Where reference is made to "Contractor and Engineer," these are amended to be read as " Permittee and Department representative." g. PLAN CHANCES: Changes to plans, specifications, and permit provisions are not allowed without prior approval from the State representative. 9. INSPECTION AND APPROVAL: All work is subject to monitoring and inspection. Upon completion of work, permittee shall request a final inspection for acceptance and approval by the Departmenl. The local agency pennittee shall not give final construction approval to its contractor until final acceptance and 17 approval by the Department is obtained. 10. PERMIT AT WORKSITE: Permhittee shall keep the permit package or a copy thereof, at the work site and show it upon request to any Department representative or law enforcement officer. If die permit Is package is not kept and made available at the work site, the work shall be suspended. ]I. CONFLICTING ENCROACH NLENTS: Pemriflee shall yield start of work to ongoing, prior authorized, work adjacent to or within the limits of the project site. When existing encroachments conflict with new work, die per tittec shall bear all cost for rearrangements, (c g., relocation, alteration, removal, etc.). . i STORAGE OF EQUIPMENT AND MATERIALS: The storage of equipment or materials is not allowed within State highway right -cf- way, unless specified within the Special Provisions of this specific and permit. If Encroachment Permit Special Provisions allow, for the storage of equipment or materials within the Stale right of way, the equipment and material storage shall 'comply with Standard Specifications, Standard Plans, Special Provisions, and the Highway Design Manual. The clear recovery zone widths must be followed and -are the minimum desirable for the type of facility indicated below: freeways and expressways -9 nn, conventional highways (no curbs) -6 m, conventional highways (with curbs). 05 M. If a fixed object cannot be eliminated, moved outside the clear recovery zone, or modified to be made yielding, it should be shielded by a guardrail or a crash cushion. CARE OF DRAINAGE: Permittee shall provide alternate drainage for any work interfering with an existing drainage facility in compliance with the Standard Specifications, Standard Plans and/or as directed by the Department's representative. RESTORATION AND REPAIRS IN RIGHT OF WAY: Permittee is responsible for restoration and repair of State highway right of way resulting from permitted work (State Streets and Highways Code, Sections 6,70 et, seq.), 19. RIGHT OF WAN' CLEAN UP: Upon completion of work, permiuce shall remove and dispose of all scraps, brush, timber, materials, ero gff dhc','rjght of x'ay1'Tbe aesthetics of thL,lugbway shalt' be' as ir�ivas-before work started. 20. COST OF WORK: Unless stated in the permit, or a separate written agreement, the pemnittee shall bear all costs incurred for work within the State right of way and waives all claims for indemnification or contribution from the State. 21, ACTUAL COST BILLING: When specified in the permit, the Department will bill the permittee actual costs at the currently set hourly rate for encroachment permits. 22 AS -BUILT PLANS: When required, permittee shall submit one (1) set of as -built plans within thirty (30) days after completion arid 25. approval of work in compliance with requirements listed as follows: I. Upon completion of the work provided herein, the pemtittee shall send one vellum or paper set of As -Built plans, to the Stale representative. Mylar or paper sepia plans are not acceptable. 2. All changes in the work will be shown on the plans, as issued with the permit, including changes approved by Encroachment Permit Rider. 3. The plans are to be stamped or otherwise noted AS -BUILT by the permittee's representative who was responsible for overseeing the work. Any original plan that was approved with a State stamp, or Caltrans representative signature, shall be used for producing the As -Built plans. 4. If As -Built plans include signing or striping, the dates of signing or striping removal, relocation, or installation shall be shown on the plans when required as a condition of the permit. When the construction plans show signing and striping for staged construction on separate sheets, the sheet for each stage shall show the removal, relocation or installation dales of the appropriate staged striping and signing. 5. As -Built plans shall contain the Permit Number, County, Route, Post Mile, and Kilometer Position on each sheet. 6. Disclaimer statement of any kind that differ from the obligations and protections provided by Sections 6735 through 6735.6 of the California Business and Professions Code, shall not be included on the As -Built plans. Such statements constitute non - compliance with Encroachment Permit requirements, and may result in the Department of Transportation retaining Performance Bonds or deposits until proper plans are submitted. Failure to comply may also result in denial of future permits, or a provision requiring a public agency to supply additional banding, 23. PERMITS FOR RECORD PURPOSES ONLY: When work in the right ofway is within an area under a Joint Use Agreement (JUA) or a Consent to Common Use Agreement (CCUA), a fee exempt permit is issued to the pennittee for the purpose of providing a notice and record of work. The Permittee's prior rights shall be preserved without the intention of creating new or different .rights or obligations. "Notice and Record Purposes Only" shall be stamped across tie face of the permit 24. BONDING: The pernitee shall file bond(s), in advance, in the amount set by the Department Failure to maintain bonds) in full force and effect will result in the Department stopping of all work and revoking pemut(s). Bonds are not required of public corporations or privately owned utilities, unless pennittee failed to comply with the provision and conditions under a prior permit. The surety company is responsible for any latent defects as provided in California Code of Civil Procedures, Section 337.15. Local agency pennittee shall comply with requirements established as follows: In recognition that project constriction work done on State property will not be directly funded and paid by Slate, for the purpose of protecting stop notice claimants and the interests of State relative to successful project completion, the local agency pemhittee agrees to require the construction contractor furnish both a payment and performance bond in tlhe local agency's name with both bonds complying with the requirements set forth in Section 3 -1.02 of State's current Standard Specifications before performing any project construction work. The local agency permittee shall defend, indemnify, and hold harmless the State, its officers and employees from all project construction related claims by contractors and all stop notice or mechanic's lien claimants. The local agency also agrees to remedy, in a timely mamier and to State's satisfaction, any latent defects occurring as a result of the project construction work. FUTURE MOVING OF INSTALLATIONS: Pemnittee understands and agrees to rearrange a permitted installation upon request by the Department, for State construction, reconstruction, or maintenance work on the highway. The permittee at his sole expense, unless under a prior agreement, JUA, or a CCUA, shall comply with said request. 26. ARCHAEOLOGICALlEISTORICAL: If any archaeological or historical resources are revealed in the work vicinity, the permittee shall immediately stop work, ratify the Department's representative, retain a qualified archaeologist who shall evaluate the site, and make recommendations to the Department representative regarding the continuance of work 27. PREVAILING WAGES: Work performed by or under a hermit may require permittee's contractors and subcontractors to pay appropriate — prevailing wages as set by the Department of Industrial Relations. Inquiries or requests for interpretations relative to enforcement of prevailing wage requirements are directed to State of California Department of Industrial Relations, 525 Golden Gate Avenue, San Francisco, California 94102. 25. RESPONSIBILITY FOR DAMAGE: The State of California and all officers and employees thereof, including but not limited to the Director of Transportation and the Deputy Director, shall not be answerable or accountable in any manner for injury to or death of any person, including but not limited to the pennittee, persons employed by the pennittee, persons acting in behalf of the per nittec, or for damage to property from any cause. The permittee shall be responsible for any liability imposed by law and for injuries to or death' of any person, including but not limited to the permittee, persons employed by the permince, persons acting in behalf of the isemuttee, or for damage to property arising out of work, or other acti0.iry permitted and done by the pemtittee tinder a permit, or arising out of the failure on the permittee's part to perform his obligations under any permit in respect to maintenance or any other obligations, or resulting from defects or obstructions, or from any cause whatsoever during the progress of the work, or other activity or at any subsequent time, work or other activity is being performed under the obligations provided by and contemplated by the permit. The pernmuce shall indemnify and save harmless the State of California, all officers, employees, and State's contractors, thereof, including but not limited to the Director of Transportation and the Deputy Director, from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person, including but not limited to the permittee, persons employed by the pernittee, persons acting in behalf of the parmittee and the Public, or damage to property resulting from the performance of work or other activity under the permit, or arising out of the failure on the permittee's part to perform his obligations under any permit in respect to maintenance or any other obligations, or resulting from defects or obstructions, or from any cause whatsoever during the progress of the work, or other activity or at any fubsequent time, work or other activity is bebig performed under the obligations provided by 'add contemplated by the permit, except as otherwise provided by statute, The duty of the permittee to ifidernnnify and save harmless it ludias the d'uaes to defend as set forth in Section 2773 of the Civil: Code. The perniitlee waives any and all rights to any type of expressed or implied indemnity against the State, its officers, employees, and State contractors. It is the intent of the parties that the permittee will indemnify and hold harmless the State, its officers, employees, and State's contractors, from any and all claims, suits or actions as set forth above regardless of the existence or degree of fault or negligence, whether active or passive, primary or secondary, on the part of the Slate, the permittee, persons employed by the nermittee, or acting on behalf of the permittee. For the purpose of this section, "State's contractors" shall include contractors and their subcontractors under contract to the Slate of California performing work within the limits of this permit. 29. NO PRECEDENT ESTABLISHED: This permit is issued with the understanding that it does not establish a precedent. 30. FEDERAL CIVIL RIGHTS REQUIREMENTS FOR PUBLIC ACCOMMODATION: A. The permittee, for himself, his personal representative, successors in interest, and assigns as part of the consideration hereof, does hereby covenant and agree that I. No person on the grounds of race, color, or national origin shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. 2. That in connection with the construction of any improvements on said lands and the furnishings of services thereon, no discrimination shall be practiced in the selection and retention of first -tier subcontractors in the selection of second -tier subcontractors. 3. That such discrimination shall not be practiced against the public in _ their access to and use of the facilities and services provided for public accommodations (such as eating, sleeping, rest, recreation), and operation on, over, or under the space of the right of way. 4. That the permittec shall use the premises in compliance with all other requirements imposed pursuant to Title 15, Code of Federal Regulations, Commerce and Foreign Trade, Subtitle A. Office of the Secretary of Commerce, Part 8 (15 C.F.R Part 8) and as said Regulations may be amended. . S.That in the event of breach of any of the above nondiscrimination covenants, the State shall have the right to terminate the permit and to re -enter and repossess said land and the land and the facilities thereon, and hold the same as if said permit had never been made or issued. 31. MAINTENANCE OF HIGHWAYS: The permittee agrees, by acceptance of a permit, to properly maintain any encroachment. Tbis assurance requires the pennittee to provide inspection and repair any damage, at pemrittee's expense, to State facilities resulting from the encroachment. 32. SPECIAL EVENTS: In accordance with subdivision (a) of Streets and Highways Code Section 682.5, the Department of Transportation shall not be responsible for the conduct or operation of the permitted activity, and the applicant agrees to defend, indemnify, and hold harmless the State and the city or comity against any and all claims arising out of any activity for which the permit is issued. Pemnittee understands mid agrees that it will comply with the obligations of Titles 11 and III of the Americans with Dispbilities Act of 1990 in the conduct of the event, and further agrees to indemnify and save hamnless the State of California, all officers and employees thereof, including but not limited to the Director of Transportation, from any claims or liability arising out of or by virtue of said Act. 33. PRIVATE USE OF RIGHT OF WAY: Highway right of way shall not be used for private purposes without compensation to the State. The gifting of public property use mid therefore public funds is prohibited under the California Constitution, Article 16. a 34. FIELD WORK REIMBURSEMENT: Pcnnittee shall reimburse Slate for field work performed on permitiee's behalf to correct or remedy hazards or damaged facilities, or clear debris not attended to by the permittee. 35. NOTIFICATION OF DEPARTMENT AND TNIC: The permittee shall notify the Department's representative and the Transportation Management Center (TMC) at least 7 days before initiating a ime closure or conducting an activity that may cause a traffic impact. A confirination notification should bocui= 3 days before closure or other potential traffic impacts. In emergency situations when the corrective work or the emergency itself may affect traffic, TMC and the Department's representative shall be notified as soon as possible. 36. SUSPENSION OF TRAFFIC CONTROL OPERATION: The permittee, upon notification by the Department's represermlive, shall immediately suspend all lane closure operations and any operation that impedes the flow of traffic. All costs associated with this suspension shall be bome by the pemiittee. 37. UNDERGROUND SERVICE ALERT (USA) NOTIFICATION: Any excavation requires compliance with the provisions. of Govemmem Code Section 4216 el. seq., including , but not limited to notice to a regional notification center, such as Underground Service Alen (USA). The permittee shall provide notification at least 48 hourr before performing any excavation work within the right of way. STATE OF CALIFORNIA • DEPARTMENT (_'" - RANSPORTATION 'ENCROACHMENT PERMIT TR -0120 (REV. 2/68) In compliance with (Check one): X Your application of September 12. 2055 ❑ Utility Notice No. of ❑ Agreement No. Of ❑ R/W Contract No. Of TO: CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92663 M. SINACORI, UTILITIES ENGINEER 949/644 -3342 I 12 -ORA -I -VAR September 12, 2005 EXEMPT TO CITY C1f•�tbi , PERMITTEE And subject to the following, PERMISSION IS HEREBY GRANTED to: Enter onto all conventional State highways (EXCLUDING FREEWAYS) within the Newport Beach city limits to perform routine maintenance and make emergency repairs to existing sewer, electrical and water facilities. All performed work shall be in accordance with current Caltrans Standard Specifications and Standard Plans, Section 600 (Utility Permits) of the Encroachment Permits Manual, and the attached Provisions. Permittee shall contact the State Permit Inspector shown on the attached Inspector Territories List between 7 AM and 9 AM a minimum of two working days prior to the start of routine work and as soon as possible for emergency repairs. Failure to comply with this requirement will result in suspension of this permit. When a Contractor is hired, Permittee's Contractor shall furnish the State with a signed application requesting a separate Caltrans "DP" permit authorizing the Contractor to perform the work within the State Highway right of way in Permittee's behalf. A deposit of $246.00 is required at the time of application. are (Check applicable) X Yes ❑ No X Yes No X Yes ❑ No ❑ Yes ❑ No Yes as General Provisions Utility Maintenance Provisions Special Provisions A Cal -OSHA permit required prior to beginning work; permit. This permit is to be strictly construed and no other work other than specificall) No project work shall be commenced until all other necessary permits and em City of Newport Beach APPROVE[ File: 05 -0443 HOSSEIN SHAKERI -State Permit Inspector SHAHRYAR DERAVI -State Permit Inspector Cindy Qt BY: In addition to fee, the pennittee will be billed actual costs for. ❑ Yes X No Review ❑ Yes X NO Inspection X Yes X NO Field Work (If any Caltrans effort expended) has been reviewed and is considered prior to approval of this mentioned is hereby Chybf Newport Beach 1205 -NUM- 0443 September, 12, 2005 AN APPROVED WATER POLLUTION CONTROL PROGRAM (WPCP) and WPCD (drawing) IS REQUIRED FOR ANY WORK INVOLVING EXCAVATION. In addition to the attached General Provisions (TR-0 045), the following Special Provisions are applicable: • Permittee shall contact the State Permit Inspector at least 48 hours prior to implementing traffic control which requires lane closures for any routine work, and as soon as possible for emergency work. • Whenever the work area is more than 1.83 m away from the adjacent traffic lane but within a designated shoulder or parking lane, a shoulder closure or parking lane closure acceptable to Caltrans shall be utilized. • Personal vehicles of the Contractor's employees shall not be parked on paved shoulders or traveled way within the limits of this work. • Al components of the traffic control system shall be removed from the traveled way and paved shoulders at the end of the each work period. • Orange vests and hard hats shall be worn at all times while working within State right -of -way. • Except during emergencies, the full width of traveled way shall be open for use by public traffic on Saturdays, Sundays and designated legal holidays, after 3:00 PM on.Fridays and on the day preceding designated legal holidays, and when construction operations are not actively in progress. • In case of any discrepancy between Permittee's Permit Plans and these Permit. Special Provisions, these Special Provisions shall prevail. • Unless otherwise approved by the Permits Representative, no work that interferes with public traffic shall be performed on weekdays between 6:00 AM and 9:00 AM, or between 3:00 PM and 6:30 PM. • Immediately following completion of the work permitted herein, Permittee shall fax to 9491724 -2265 the Permit Number, completion date and the signature of Permittee's Representative to close.this file. Page 2 of 2 ;_... CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE TERRACE WATER VALVE, OCEAN VISTA & ORANGE STREET WATER MAIN REPLACEMENTS CONTRACT NO. 3643 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: �J,-6� Business Address: Telephone and Fax Number: California State Contractor's License No. and Class: 3S52$7 C4455 A (REQUIRED AT TIME OF AWARD) Original Date Issued: I CCUA Expiration Date: -7/0G 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 441 7W-11141. Corporation organized under the laws of the State of r' a t, 4,,,,,0. iR The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. /1 %a . Have you ever failed to complete a project? If so, explain. AJA For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for lab mpliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes No- Are any claims or actions unresolved or outstanding? Yes No 17 L . 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. T.- zf�ia /'o y/ Bidder oTin I. /110- �Inr. (Print name of Owner of President of Corporation /Company) Autl1briod Signature/Title V. CQ_ Pr., . 'P Title Subscribed and swom to before me this (9 day of /U)✓c_," t>_e— 2005. [SEAL] 18 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On Nov. 14, 2005 before me, Daniel Huckabay. Notary Public Date Name, Title of Officer - E.G. "Jane Doe, NOTARY PUBLIC" personally appeared Justin Malloy NAME(S) OF SIGNER(S) X❑ personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument DANIEL HUC� KABAY� the person(s), or the entity upon behalf of h COMM. #1454167N which the person(s) acted, executed the rq NOTARY PJBL IG- CALIFORRIA� instrument. ORANGE COUNTY ,., MY WM4L EXP. JAN. 1. Y006 WITNESS my hand and official seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL CORPORATE OFFICER Vice President TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Bidder's Information TITLE OR TYPE OF DOCUMENT 3 NUMBER OF PAGES November 14, 2005 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE License Detail Page 1 of 2 License Detail CALIFORNIA CONTRACTORS _S_TATE LICEN: Contractor License # 350287 DISCLAIMER A license status check provides information taken from the CSLB license data base. Before on this information, you should be aware of the following limitations: • CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject tc complaint disclosure, a link for complaint disclosure will appear below. Click on the lin button to obtain complaint and/or legal action information. • Per B &P 7071.17, only construction related civil judgments reported to the CSLB are disclosed. • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. • Due to workload, there may be relevant information that has not yet been entered ont Board's license data base. Extract Date: 11/16/2005 * * * Business Information * * * JOHN T MALLOY INCORPORATED 3032 BANDINI BLVD LOS ANGELES, CA 90023 Business Phone Number: (323) 780 -9941 Entity: Corporation Issue Date: 01109/1978 Expire Date: 07131/2006 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications * * * Kiiiii Description rA GENERAL ENGINEERING CONTRACTOR C16 FIRE PROTECTION CONTRACTOR * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 143324C in the arr http://www2.csIb.ca.gov/CSLB_LIBRARY/License+Detai1.asp 11/16/2005 License Detail $10,000 with the bonding company INDEMNITY COMPANY OF CALIFORNIA. Effective Date: 01/01/2004 Contractor's Bonding Histor�r Page 2 of 2 BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) JI THORNTON MALLOY certified that he /she owns 10 percent or more of the voting stock/egl corporation. A bond of qualifying individual is not required. Effective Date: 01/01/1980 * * * Workers Compensation Information * * * This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number: 467- 0000450 Effective Date: 04/01/2000 Expire Date: 04101/2006 Workers Compensation History Personnel List License,. Number_ Request Contractor_Name.,,Request Personnel Name Request Salesperson Request Salesperson Name Request © 2005 State of California. Conditions of Use Privacy Policy http: / /www2.csib.ca.gov /CSLB_LIBRARY /License +Detail.asp 11/16/2005 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE TERRACE WATER VALVE, OCEAN VISTA & ORANGE STREET WATER MAIN REPLACEMENTS CONTRACT NO. 3643 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 Ratinq Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 19 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE TERRACE WATER VALVE, OCEAN VISTA & ORANGE STREET WATER MAIN REPLACEMENTS CONTRACT NO. 3643 CONTRACT THIS AGREEMENT, entered into this _ day of , 2005, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and JOHN T. MALLOY, INC., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: IRVINE TERRACE WATER VALVE, OCEAN VISTA & ORANGE STREET WATER MAIN REPLACEMENTS The work necessary for the completion of this contract consists of removal of and replacement of existing water valves within the Irvine Terrace Tract, and selected waterline work on the Ocean Vista Drive and Orange Street. Contract No. 3643 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. 3643, 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 Kil activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Six Hundred Seventy-One Thousand, Three Hundred and 001100 Dollars ($671,300.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Mike Sinacori (949) 644 -3342 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: John T. Malloy, Inc. 3032 Bandini Boulevard Los Angeles, CA 90023 Phone: 323 - 780 -9941 Fax: 323 - 269 -2396 Contractor, by executing this Contract, "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projectilocation 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 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages i. City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract 23 amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 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. NE�� ATTEST: d` jT ATI CITY CLERK APPROVED AS TO FORM: C. 40"eCITY ATTORNEY 25 CITY OF NEWPORT BEACH A Municipal rporation By: Mayor JOHN T. MALLOY, INC. I - A % 1 01 W / � (1 ACORD CERTIFICATE OF LIABILITY INSURANCE i2 /29 /2 0 1 PRODUCER (714)524 -4949 FAX (714)524 -4940 Commercial Associates Insurance 4226 E. La Palma Avenue Anaheim, CA 92807 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED John T. Malloy, Inc. 3032 Bandini Blvd. Los Angeles, CA 90023 INSURERA American Home Assurance Co. /B &R POLICYEFFECTIVE DATE IMM1OD1YY1 10/01/2005 INSURER B. LIMBS INSURER C: SENTATNE INSURER D GENERAL LULBIUTY INSURER E: EACH OCCURRENCE COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYPF OFINSURANCE POLICY NUMBER POLICYEFFECTIVE DATE IMM1OD1YY1 10/01/2005 POLICYEXPIRATION DATE 10/01/2006 LIMBS AUTHO EDR SENTATNE GENERAL LULBIUTY 3031188 EACH OCCURRENCE 3 1,000,00 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED E SO,00 CLAIMS MADE M OCCUR PRFWqFA MEO EXP IAAy drw Person) 3 EXCLUDE A PERSONAL &AOV INJURY $ 11000,000. GENERAL AGGREGATE S 2,000.0001 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGO E j OQQ,QQ POLICY PRO. JECT LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT E. acddenq 3 BODILY INJURY (Per person) 3 ALL OWNED AUTOS SCHEDULED AUTOS BOOIIY INJURY {Per aaidenq 3 HIRED AUTOS NON-OWNED AUTOS - PROPERTY DAMAGE (For 8C deN1 3 GARAGE LIABILITY AUTO ONLY - EA ACCIDENT 3 OTHER THAN EA ACC S ANY AUTO $ AUTO ONLY: AGG IXCESSIUMBRELLA LIABILITY EACH OCCURRENCE E OCCUR CLAIMS MADE AGGREGATE S E S DEDUCTIBLE 3 RETENTION S WORMERS COMPENSATION AND WC STATR OTN- EMPLOYER S' MELm ANY PROPRIETORIPARTNEWEXECUTNE E.L. EACH ACCIDENT S E.L. DISEASE - EA EMPLOYE $ OFFICERIMEMBER EXCLUDED? Byes. ALS PRO SPECIAL PROVISIONS W. E.L. DISEASE - POLICY LIMIT E OTHER DESCWPTIONOFQPERATIONSIL ATIONSIVENM: LESIEXCLLLNONSADDEDBYENDORSEMEWISPECIALPROVISIONS : Operations usua to the named insured - Irvine Terrace Water Valve, Ocean Vista and Orange reet Water Main Replacements - Contract No. 3643 - City of Newport Beach, its officers, agents, ficials, employees and volunteers are added as additional insured including primary wording per 110 tached company primary wording endorsement. days notice of cancellation for non - payment of premium CERTIFICATE HOLDER CANCELLATION ACORD 26 (2001108) 1 © ACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Newport Beach EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL wXi X%ft MAIL Public Works Department =30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Mike Sinacori G> aa���h >bkdtl�%�Xd(lflllNCSfK3G)6XX(XX 3300 Newport Blvd. KK*WAWMKKXXXMMM)tXXWMX*KNMXWLXKMUXXXXXXXXX Newport Beach, CA 92663 AUTHO EDR SENTATNE ACORD 26 (2001108) 1 © ACORD CORPORATION 1988 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement, effective 12:01 A. M. forms part of Policy No. 3131188 issued to John T. Malloy by American Home Assurance Company PRIMARY COVERAGE FOR SPECIFIED PERSONS OR ORGANIZATIONS NAMED AS ADDITIONAL INSUREDS - ONGOING AND COMPLETED OPERATIONS This endorsement modifies insurance provided under the following' COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following paragraph is added to SECTION 11 - WHO IS AN INSURED and applies only to persons or organizations we have added to your policy as additional Insureds by endorsement to comply with insurance requirements of written contracts relative to: a) the performance of your ongoing operations for the additional insureds; or b) "your work" performed for the additional insureds and included in the "products - completed operations hazard: This insurance is primary over any similar insurance available to any person or organization we have added to this policy as an additional insured. However, this insurance is primary over any other similar insurance only if the additional insured is designated as an insured in the Declarations of the other similar insurance. We will not require contribution of limits from the other similar insurance if the insurance afforded by this endorsement is primary. This insurance is excess over any other valid and collectible insurance, whether primary, excess, contingent or on any other basis, if it is not primary as defined in the paragraph above. All other terms and conditions of the policy are the same. / Authorized Represen - e City of Newport Beach, its officers, agents, officials, employees and volunteers Job: Irvine Terrace Water Valve, Ocean Vista and Orange Street Water Main Replacements - Contract 113643 Page 1 of 1 emartin: AiGendladd. ins - ongoing &comp.ops_primary ACORDa CERTIFICATE OF LIABILITY INSURANCE i2 /29 /z o ) PRODUCER (714) 524 -4949 FAX (714) 524 -4940 Commercial Associates Insurance - 4226 E. La Palma Avenue Anaheim, CA 92807 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED John T. Mal 1 oy, Inc. 3032 Bandini Blvd. Los Angeles, CA 90023 INSURER A'. Netherlands Insurance Company POLICYEFFECTIVE DATE Mwn� INSURER B. LIMITS INSURER C: INSURER D: INSURER E: COVFRAr.FS 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR UDVL TYPE OF IN POLICY NUMBER POLICYEFFECTIVE DATE Mwn� POLICYEXPIRATION LIMITS Newport Beach, CA 92663 GENERALLIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED Y. $ CLAIMS MADE OCCUR MED EXP(Anyone person) E PERSONAL B ADV INJURY d GENERAL AGGREGATE $ GEML AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOPAGG 5 POLICY PRO- JECT LOC AUTOMOBILE LIABILITY ANY AUTO BAB007166 04/01/2005 04/01/2006 COMBINED SINGLE LIMIT (Ea awiclwt) i 1,000.00 X BODILY INJURY (Per peredn) S A ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Par acadenp $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per a=idenl) $ GARAGE LIABILRY AUTO ONLY- EAACCtDENT S OTHER THAN EA ACC S ANY AUTO S AUTO ONLY: AGG EXCESSBJMBRELLALIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE __ $ S $ DEDUCTIBLE $ RETENTION S WORRERSCOMPENSATIONAND I WCSTATU- OTH- EMPLOYERT LIABILITY ANY PROPRIETORJPARTNEWEXECUTIVE E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYEE S OFFICERIMEMBER EXCLUDED? R Yee, d. ba.Wer SPECIAL PROVISIONS be1oW E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES t eXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS e: Operations usual to the names insured - Irvine Terrace Water Valve, Ocean Vista and Orange treet Water Main Replacements - Contract No. 3643 ity of Newport Beach its officers, employees and representatives are added as additional insured er attached GECA 812 10/96. 10 days notice of cancellation for non - payment. CDDTIFICATC Wnl I PID Ce MCFI I ATInN ACORD 25 (2001108) - PACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL WXkXiQiM MAIL cTLy of Newport Beach City o Works Department 30 DAYSWRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TOTHE LEFT. Attn: Mike Sinacori 1G) 5>@ I{ XXhYLXi[ MdtDldFiOfd (dlXYE0EYX1106MdlX��X 3300 Newport Blvd. K161tl0(9(OFXdpSXX){➢NfXX iOW0ii6)LXXXXXXXXXX Aum ZED REP ATVE Newport Beach, CA 92663 ACORD 25 (2001108) - PACORD CORPORATION 1988 Formina a oart of Policy Number: BA8007166 Coverage Is Provided In The Netherland Insurance Company Named Insured: Agent: John T. Malloy, Inc. Commercial Associates Insurance 3032 Bandini Blvd. 4226 E. La Palma Ave. Los Angeles, CA 90023 Agent o'ah:42950157 Agent Phone: 714) 524 -4949 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM _ The person or organization shown in the Schedule is an insured to the edent of their liability for the conduct of an insured under Section 11- Liability Coverage of this policy. SCHEDULE The City of Newport Beach, its officers, agents, officials, employees and volunteers 3300 Newport Blvd. Newport Beach, CA 92663 Re: Irvine Terrace Water Valve, Ocean Vista and Orange Street Water Main Replacements Contract No. 3643 Authorized Representative GECA 812 (10196) CERTHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142 -0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 12 -18 -2005 GROUP: 000467 POLICY NUMBER: 0000450 -2005 CERTIFICATE ID: 190 CERTIFICATE EXPIRES: 04 -01 -2006 04- 01-2005/04 -01 -2006 CITY OF NEWPORT BEACH SP JOB:IRVINE TERRACE WATER VALVE PUBLIC WORKS DEPARTMENT OCEAN VISTA AND ORANGE STREET MAIN 3300 NEWPORT BLVD REPLACEMENTS, CONTRACT NO. 3843 NEWPORT BEACH CA 82658 -8815 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2066 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 04 -01 -2001 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2005 -12 -18 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH EMPLOYER JOHN T MALLOY INCORPORATED 3032 6ANDINI BLVD LOS ANGELES CA 80023 (REV.2.0a) SP [B10,SP] PRINTED : 12 -16 -2005 SP JAN -06 -2006 09:47 FROM: 7149391654 Fax Lgyg) �Q`V -33jp 70:919496443318 P.1'1 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. V Date Received: 4require 06 Dept./Contact Received From: "' "�'rl ,,��.lJ Date Completed: U Sant to: aam ri x- By: .41a eln t Z, di Company /Person have certificate: 4lgij Ctj1 Q 1 �i L. T. GENERAL LIABILITY /; L� '%Ti1' ca Ass ii cc �7 +� A_ INSURANCE COMPANY. iryt l L"1 I / yn-e & AM BEST RATING (A. VII or greater}: Xy C. ADMITTED Company (Must be California Admitted): Is Company admitted in Califomia? Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? 1 # I / 6(e E. PRODUCTS AND COMPLETED OPERATIONS (Must Include): Is it included? Yes 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? Yes ❑ No N. 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 ffNo L 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 warding, IL AUTOMOBILE LIABILITY f ff� � 4�G GM tr A lfirw -a^ »C A. INSURANCE COMPANY: B. AM BEST RATING (A: VII or greater): C. ADMITTED COMPANY (Must be Califomia Admitted): Is Company admitted in California? Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM)_ What is limits provided? h� j E. ADDITIONAL INSURED WORDING TO INCLUDE (The City Its officers, officials, employees and volunteers): Is it included? es 0 No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? p j1— ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified malt; per Lauren Farley, the City will accept the endeavor wording. TIT. WORKERS' COMPENSATION A. INSURANCE COMPANY: B, AM BEST RATING (A: VII t C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes all o IF NO WHICH ITEMS NEED TO BE COMPLETED? Ve� CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL IRVINE TERRACE WATER VALVE, OCEAN VISTA & ORANGE STREET WATER MAIN REPLACEMENTS CONTRACT NO. 3643 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. 3643 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 2. 3. Lump Sum Mobilization Dollars and A)Z) Per Lump Sum Lump Sum Traffic Control Cents @Jfsv.c Zvo..sw./ Dollars and .da Cents Per Lump Sum 53 EA Remove Existing and Install 6 -inch RW Gate Valve (MJxMJ) TNac. r4.0a." 1 @ Nor/aa/ Dollars and ,✓ a Cents Per Each $ 3 oof $—D Zt9r7 1 $ PR2of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 0 5. R 7 13 9 EA Remove Existing and Install 8 -inch RW Gate Valve (MJxMJ) @ T �/. ,��rd.�•% Dollars and •✓O Cents Per Each 1 LS Remove Existing Portions of Existing Watermain @ % . fy.rs,swi Dollars and �/. Cents Per Lump Sum 150 LF Install 4" Class 200 PVC Watermain @ 7w. NvrJa%f,•�y Dollars and ,✓0 Cents Per Linear Foot 310 LF Install 6" Class 200 PVC Watermain @ 7w. Aw-&- f#41 Dollars and A# Cents Per Linear Foot 2,170 LF Install 8" Class 200 PVC Watermain Dollars and .✓. Cents Per Linear Foot $ /ZOOS $ /d 8a0 $ Z,000 $v— $ 37 , so $ 2.0.9 J PR3of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 9. 5 EA Pothole Existing Utilities in Coast Highway @ Dollars and .Jd Cents $ Soo $ es Per Each 10. 5 EA Connect Existing Fire Hydrant To proposed Watermain Dollars and ,J o Cents $ 17 ooe Per Each 11. 59 EA Connect Existing V Water Service To proposed Watermain @ fAx Dollars and ro Cents $ L •e $ 3f. Per Each 12. 31 EA Remove Existing and Construct 1" Water Service with Meter Box @ e.iwr N•,jdr..i Dollars and „/• Cents $ dr" $ zY fs•" Per Each 13. 3 EA Remove Existing and Construct 2" Water Service with Meter Box @'four voso rl Dollars and ,✓• Cents $ 2, oar $ o.a� Per Each 14. 1 LS Construct 2" Water Irrigation Connection @ X1 it iN.w,nw,I Dollars and �m Cents $ 6 o•m $ Gam_ Per Lump Sum PR4of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 15. 400 S.F. Remove and Reconstruct PCC Cross Gutter @may Dollars and .✓o_ Cents $ 2e $ y ,d. ° Per Square Foot 16. 2 EA Remove Existing Improvements and Construct Type E PCC Curb Access Ramp @ X.ww. — rYowA4.lJ Dollars and ,✓o Cents $ Per Each 17. 3 EA Remove Existing Improvements and Construct PCC Curb Access Ramp per Detail J on plans @f�i+ N,o.an✓o✓ Dollars and .+d Cents $ 5/io.i $ /zoo. Per Each 18. 500 S.F. Remove and Reconstruct PCC Sidewalk @ IEry.0 f Dollars and ,Jd Cents $ P' $ Per Square Foot 19. 7 EA Remove and Reconstruct PCC Driveway Approach @� F,.� Jv,. /..✓Dollars and to Cents $ f•P� Per Each $ It rooy PR5of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 20. 1 EA Remove and Reconstruct Decorative PCC Driveway Approach @7NN�te /a•vsw.J Dollars and ,.)a Cents $ Jvao� $ 3 aoo L Per Each 21. Lump Sum Remove and Reconstruct Private Improvements Dollars and 9A- Cents $ ooe Per Lump Sum 22. 1 EA Remove and Reconstruct PCC Driveway @w� %,y.,w.rJ Dollars and �✓d Cents $Iie� $oee Per Each 23. Lump Sum Remove and Replace Landscaping Improvements in kind @ Tya +. ia•��s•✓ Dollars and .rn Cents $ 3, ono Per Lump Sum 24. Lump Sum Temporary Water Main Bypassing @ ier T •.rssiJ Dollars and '4'V Cents $ /o Per Lump Sum 25. Lump Sum Pressure Test, Disinfect, and Flush Water Main @ �.a ��< N••twr / Dollars and ffla- .✓. Cents $ 31 °°' Per Lump Sum } . ) f PR6of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 26. Lump Sum Trench Excavation Safety Measures @ % �.�•��®° Dollars and vo .✓o Cents $ moo Per Lump Sum 27. Lump Sum Construction Surveying @ �1ttE %no,fyr.� Dollars and r ,Jo Cents $ s Per Lump Sum 28. Lump Sum Install Traffic Striping, Markings, and Markers @ f ir+e.AA. Dollars and o Wo, Cents $ mad f Per Lump Sum 29. Lump Sum Provide As -Built Drawings @AONwc .vogo4w✓ Dollars and esk- 020 Cents $ 0 00 Per Lump Sum .... TOTAL PRICE IN WRITTEN WORDS i5 'lv and X)0 Cents AV. 1+0 caoos Date C3a37s0 -994 I z2iiae,9- 2 3 qc- Bidders I elephone 4c- Bidder and Fax Numbers Bidder's License No(s). and Classification(s) PR7of7 6 °11 3 oz> Total Price (Figures) jahn T A- ((O 7V �C Bidder /t�� -V,P Bi e s Authorized § ature and Title 363.2 mod,„; 161Vd. , L_f1.. cA- TC/0 a3 Bidder's Address t:4�ersb�hereolWnbapsYy 0596Vrvtrie temete.rdta valve o-3663+mntraa tlocumentslpropmal r.36G3Aa SECTION 2 2 -6 2 -9 2 -9.3 2 -9.6 SECTION 3 3 -3 3 -3.2 3 -3.2.3 SECTION 4 4 -1 4 -1.3 4 -1.3.4 SECTION 5 5 -7 5 -8 SECTION 6 6 -1 6-7 6 -7.1 6 -7.2 6 -7.4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS IRVINE TERRACE WATER VALVE, OCEAN VISTA AND ORANGE STREET WATER MAIN REPLACEMENTS CONTRACT NO. 3643 INTRODUCTION PART 1--- GENERAL PROVISIONS SCOPE AND CONTROL OF THE WORK 1 WORK TO BE DONE 1 SURVEYING 1 Survey Service 1 Survey Monuments 2 CHANGES IN WORK 2 EXTRA WORK 2 Payment 2 Markup 2 CONTROL OF MATERIALS 2 MATERIALS AND WORKMANSHIP 2 Inspection Requirements 2 Inspection and Testing 2 UTILITIES 3 ADJUSTMENTS TO GRADE 3 SALVAGED MATERIALS 3 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 3 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 3 TIME OF COMPLETION 4 General 4 Working Days 4 Working Hours 4 6 -9 LIQUIDATED DAMAGES 4 6 -11 SEQUENCE OF CONSTRUCTION 5 6 -11.1 Construction Sequencing 5 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 6 7 -8.6.1 Best Management Practices and Monitoring Program 6 7 -8.8 Steel Plates 6 7 -10 PUBLIC CONVENIENCE AND SAFETY 6 7 -10.1 Traffic and Access 6 7 -10.2 Storage of Equipment and Materials in Public Streets 7 7 -10.3 Street Closures, Detours, Barricades 7 7 -10.4 Public Safety 8 7- 10.4.1 Safety Orders 8 7 -10.5 "No Parking" Signs 8 7 -10.6 Street Sweeping Signs 8 7 -10.7 Notice to Residents and Temp Parking Permits 8 7 -15 CONTRACTOR LICENSES 8 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 9 SECTION 9 MEASUREMENT AND PAYMENT 9 9 -3 PAYMENT 9 9 -3.1 General 9 9 -3.2 Partial and Final Payment 14 PART 2--- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 14 201 -1 PORTLAND CEMENT CONCRETE 14 201 -1.1.2 Concrete Specified by Class 14 202 -2 REINFORCEMENT FOR CONCRETE 14 201 -2.2.1 Reinforcing Steel 14 202 -7 NON - MASONRY GROUT 14 201 -7.2 Quick Setting Grout 14 SECTION 207 PIPE 15 207 -2 REINFORCED CONCRETE PIPE (RCP) 15, 207 -2.5 Joints 15 207 -9 IRON PIPE AND FITTINGS 15 207 -9.2 Ductile Iron Pipe for Water and Other Liquids 15 207 -9.2 Pipe Joints 15 207 -9.2.3 Fittings 15 207 -9.2.4 Lining and Coating 16 207 -9.2.6 Polyethylene Encasement for External Corrosion Protection 16 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 16 300 -1 CLEARING AND GRUBBING 16 300 -1.3 Removal and Disposal of Materials 16 300 -1.3.1 General 16 300 -1.3.2 Requirements 17 300 -1.5 Solid Waste Diversion 17 SECTION 302 ROADWAY SURFACING 17 302 -5 ASPHALT CONCRETE PAVEMENT 17 302 -5.1 General 17 302 -5.4 Tack Coat 17 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 18 302 -6.6 Curing 18 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 18 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 18 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 18 303 -5.1 Requirements 18 303 -5.1.1 General 18 303 -5.4 Joints 18 303 -5.4.1 General 18 303 -5.5 Finishing 18 303 -5.5.1 General 18 303 -5.5.2 Curb 18 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 19 308 -1 GENERAL 19 SECTION 310 PAINTING 19 310 -5 PAINTING VARIOUS SURFACES 19 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 19 310 -5.6.7 Layout, Alignment and Spotting 19 310 -5.6.8 Application of Paint 19 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 20 312 -1 PLACEMENT 20 PART 4 SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIALS 20 400 -2 UNTREATED BASE MATERIALS 20 400 -2.1 General 20 400 -2.1.1 Requirements 20 F :\USERS \PB4V\SharedlContracts \FY 05 -06 \IRVINE TERRACE WATER VALVE C- 3643 \Contract Documents \SPECS INDEX C- 3643.doc SP CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS WATER MAIN REPLACEMENTS CONTRACT NO. 3643 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. W- 5301 -S); (3) the City's (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 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 removal of and replacement of existing water valves within the Irvine Terrace Tract, and selected water line work on the Ocean Vista Drive and Orange Street." 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize /follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. At a minimum, two (2) sets of staking for all areas shall be included in the bid price and copies of each set shall be provided to City 48 -hours in advance of any work. SP2OF20 Existing street centerline ties and property corner monuments are to be preserved. The Contractor will be back - charged for the cost of restoring all survey ties and /or monuments damaged by the Work." 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the City will restore the survey monuments at Contractor's expense. 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. SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. SP3OF20 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 the work, such tests and inspections shall be paid for by the Contractor. SECTION 5--- UTILITIES 5 -1 LOCATION. Add the following after the 3`d paragraph: "upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." 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 or replace to finish grade City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing sewer /storm drain manhole (including grade rings), meter or valve box covers. The Contractor shall salvage all removed cast iron pipes. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operations Manager, at (949) 718 -3402. SECTION 6 --- PROSECUTI6N. 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 Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the 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." SP4OF20 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within ninety (90) consecutive working days after the date on the Notice to Proceed. The Contractor shall 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 151, 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 49, the first Monday in September (Labor Day), November 11' (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24 "'and 25'" (Christmas), and December 315'(New Year's)." 6 -7.4 Working Hours. Normal working hours are limited to 7:30 a.m.to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor 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 $123.90 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500 per day is the minimum 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 SP 5 OF 20 inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." 6 -11 SEQUENCE OF CONSTRUCTION 6 -11.1 Construction Sequencing. To coordinate with work from other projects and to increase effectiveness for water shutdowns, the contractor must follow the following sequence below: 1. Construct Water Main Facilities in Orange Street. 2. Construct Ocean Vista Water Main Facilities in three stages (dictated by temporary bypassing) broken at Sea Cove Lane and Sea Vista Drive. 3. Construct the water valves bordering the outer edges of the Irvine Terrace Tract (10 working days) shown in detail sheets 1, 9, 16, 30, and 35 of Appendix A. 4. Construct water valves located in the interior of the Irvine Terrace Tract proceeding from West to East (45 working days). 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 shutdown 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 be prepared for minor leakage during water shut downs. All leakage shall be pumped to the nearest sewer manhole." 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "if the Contractor elects to use City 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." Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." SP6OF20 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. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at htti)://www.city.newport- beach.ca.us/pubworks/links.htm." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuum the residue. I. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back - charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7 -8.8 Steel Plates. Add this section: "Steel plates utilized for utility trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on Pacific Coast Highway shall be pinned and recessed flush with existing pavement surface." 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other SP7OF20 measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." 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. The Contractor shall not store any equipment or material within the median on El Paseo Drive or within the Irvine Terrace Park. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre - construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detour plans shall meet the following requirements: 1. Emergency vehicle access shall be maintained at all times 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners. 5. The contractor shall maintain a minimum of one travel lane in each direction at all times. All travel lanes shall be open during non - working hours. 6. Vehicular access to all driveways shall be maintained at all times. At the end of the work each day, and on weekends complete access shall be maintained." SP8OF20 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. 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 City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a California General "A" Contractors License. At the SP9OF20 start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. The "As- Built' plans shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, 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, preparing the SWPPP or BMP Plan and construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No, 3 Remove Existing and Install 6 -inch (MJxMJ) Resilient Wedge Gate Valve (RWGV): Work under this item shall include removal of existing valve and installation of 6 -inch Resilient Wedge Valve per CNB STD -508 -L including, but not SP 10 OF 20 limited to, pavement removal and disposal, exposing existing utilities in advance of work, trench excavations, shoring, bracing, trench plates, control of ground and surface water, bedding, backfill, compaction, installation of valve box, cover, valve extension, two 3 -foot minimum length PVC pipe connections, and two transition couplings, temporary support of utilities, restoration of asphalt concrete pavement (4- inches of AC over 6- inches of CMB), and all other work items as required to complete the work in place. Dimensions of surface replacements are shown in Appendix A. Item No. 4 Remove Existing and Install 8 -inch (MJxMJ) Resilient Wedge Gate Valve (RWGV): Work under this item shall include removal of existing valve and installation of 8 -inch Resilient Wedge Valve per CNB STD -508 -L including, but not limited to, pavement removal and disposal, exposing existing utilities in advance of work, trench excavations, shoring, bracing, trench plates, control of ground and surface water, bedding, backfill, compaction, installation of valve box, cover, valve extension, two 3 -foot minimum length PVC pipe connections, and two transition couplings, temporary support of utilities, restoration of asphalt concrete pavement (4- inches of AC over 6- inches of CMB), and all other work items as required to complete the work in place. Dimensions of surface replacements are shown in Appendix A. Item No. 5 Remove Interfering Portions of Existing Waterrnain: Work under this item shall include removal and disposal of existing watermain in all locations where the existing watermain interferes with the location of the proposed watermain. This includes at a minimum the entire length of the watermain on Ocean Vista Drive. Item No. 6 Install 4 -inch PVC, C -900 (Class 200), Water Main: Work under this item shall include but not be limited to sawcutting, removing and disposing of existing surface improvements, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, controlling of ground and /or surface water, installation of pipe, fittings, couplings thrust blocks, potholing all existing facilities, providing connections to existing facilities, temporary and permanent support of utilities, disposing of excess excavation materials, trench resurfacing per Detail W on Sheet 5 of plans, and all other work necessary to install the 4 -inch water main complete and in place. Item No. 7 Install 6 -inch PVC, C -900 (Class 200), Water Main: Work under this item shall include but not be limited to sawcutting, removing and disposing of existing surface improvements, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, controlling of ground and /or surface water, installation of pipe, fittings, couplings thrust blocks, potholing all existing facilities, providing connections to existing facilities, temporary and permanent support of utilities, disposing of excess excavation materials, trench resurfacing per Detail S on Sheet 4 of plans, and all other work necessary to install the 6 -inch water main complete and in place. Item No. 8 Install 8 -inch PVC, C -900 (Class 200), Water Main: Work under this item shall include but not be limited to sawcutting, removing and disposing of existing surface improvements, exposing utilities in advance of pipe excavation operations, SP 11 OF 20 trench excavations, shoring, bracing, temporary patching or trench plates, controlling of ground and /or surface water, installation of pipe, fittings, couplings thrust blocks, potholing all existing facilities, providing connections to existing facilities, removing, abandoning or protecting interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposing of excess excavation materials, trench resurfacing per Detail S on Sheet 4 of plans, and all other work necessary to install the 8 -inch water main complete and in place. Item No. 9 Potholing of Existing Utilities in Coast Highway: The depths of utilities for the two crossings on Coast Highway are not known. Work under this item shall include potholing for the entire length of proposed water facilities main for both crossings on Coast Highway. Detailed sketches shall be submitted to the city prior to starting construction of 6 -inch PVC watermain. Item No. 10 Connect Existing Fire Hydrant to proposed Watermain: Work under this item shall include connection of existing Fire Hydrant to proposed watermain in accord with City of Newport Beach STD - 500 -L. Item No. 11 Connect Existing 1" Water Service to proposed Watermain: Work under this item shall include connection of existing 1 -inch water service to proposed watermain in accord with City of Newport Beach STD - 502 -L. The connection shall be made using a Ford Pack Joint C44 -44 Coupling or approved equal. Item No. 12 Remove Existing and Install New 1 -inch Water Service with Meter Box and Cover: Work under this item shall include removing existing service and installing new 1 -inch water service in accord with the City of Newport Beach STD - 502 -L, including but not limited to exposing utilities in advance of work, trench excavation, temporary patching or trench plates, control of ground and surface water, disposal of excess excavated materials, installation of a new meter box and cast iron traffic cover, and all other work necessary to install the water service complete and in place. The existing surface improvements shall be restored to match existing conditions. A 4 -inch thick hot asphalt over 6 -inch crushed miscellaneous base repair or 4 -inch thick PCC sidewalk repair (to the nearest full joint) will be required depending upon which condition is present at each service. If the water service passes under a curb and gutter, the contractor shall protect in place curb and gutter. Any damage shall be repaired at the sole expense of the contractor to the nearest construction joint. Item No. 13 Remove Existing and Install New 2 -inch Water Service with Meter Box and Cover: Work under this item shall include removing existing service and installing new 1 -inch water service in accord with the City of Newport Beach STD - 502 -L, including but not limited to exposing utilities in advance of work, trench excavation, temporary patching or trench plates, control of ground and surface water, disposal of excess excavated materials, installation of a new meter box and cast iron traffic cover, and all other work necessary to install the water service complete and in place. The existing surface improvements shall be restored to match existing conditions. A 4 -inch thick hot asphalt over 6 -inch crushed miscellaneous base repair or 4 -inch thick PCC sidewalk repair (to the nearest full joint) will be required depending upon which SP 12 OF 20 condition is present at each service. If the water service passes under a curb and gutter, the contractor shall protect in place curb and gutter. Any damage shall be repaired at the sole expense of the contractor to the nearest construction joint. Item No. 14 Construct 2 -inch PVC Water Irrigation Connection: Work under this item shall include but not be limited to sawcutting, removing, and disposing of existing surface improvements, subgrade compaction, construction of 2 -inch PVC Watermain, removal and reconstruction of 2 -inch water service (with meter box) per City of Newport Beach STD - 502 -L, construction of 2 -inch back flow device per City of Newport Beach STD - 520 -L -A, restoration of all surface improvements, and all other items as necessary to complete the work in place. If curb and gutter replacement is necessary all removals shall extend to the nearest construction joint. AC paving within the roadway shall conform to paving of Pacific Coast Highway. AC paving within the bike lane shall be 3- inches of AC over native subgrade. Item No. 15 Remove .and Reconstruct PCC Cross Gutter: Work under this item shall include but not be limited to sawcutting, removing, and disposing of existing PCC Cross Gutter, subgrade compaction, placement and compaction of crushed miscellaneous base, construction of 8 -inch t hick PCC Cross Gutter, construction of 12- inch wide by 8 -inch deep asphalt patchback along both sides of the cross gutter, and all other work items as required to complete the work in place. Cross gutter reconstruction shall occur to the nearest full slab. Dimensions for Cross Gutter replacement are shown in Appendix A. Item No. 16 Remove Improvements and Construct PCC Curb Access Ramp (Case E): Work under this item shall include but not be limited to removing and disposing of existing improvements, protecting existing utilities, compaction, constructing curb access ramp per CNB STD - 181 -L -A (Case E) with no gutter lip, constructing 2 -foot wide gutterpan, constructing full depth AC patchback; and all other items as required to complete the work in place. Locations for Curb Access Ramps are shown in plans and Appendix A. Item No. 17 Remove Improvements and Construct PCC Curb Access Ramp per Detail J on plans: Work under this item shall include but not be limited to removing and disposing of existing improvements, protecting existing utilities, compaction, constructing curb access ramp per Detail J on plans (with no gutter lip), constructing 2- foot wide gutterpan, constructing full depth AC patchback, and all other items as required to complete the work in place. Locations for Curb Access Ramps are shown in plans and Appendix A. Item No. 18 Remove and Reconstruct PCC Sidewalk: Work under this item shall include but not be limited to sawcutting, removing, and disposing of existing sidewalk, subgrade compaction, constructing 4 -inch PCC Sidewalk per CNB STD - 180 -L, repairing any damaged private improvements (such as sprinkler systems), and all other items as required to complete the work in place. All Sidewalk replacements shall occur to the nearest full slab. Dimensions for sidewalk replacement are shown in Appendix A. SP 13 OF 20 Item No. 19 Remove and Reconstruct PCC Driveway Approach: Work under this item shall include but not be limited to removing existing driveway approach, placement and compaction of crushed miscellaneous base, constructing PCC driveway approach per CNB STD - 162 -L, and all other items as required to complete the work in place. Locations of driveway approaches are shown on plans and in Appendix A. Item No. 20 Remove and Reconstruct Decorative PCC Driveway Approach: Work under this item shall include but not be limited to removing existing driveway approach, placement and compaction of crushed miscellaneous base, constructing Decorative PCC driveway approach per CNB STD - 162 -L, and all other items as required to complete the work in place. The pavement at the conclusion of construction shall match the pavement removed in color and type. The location of this driveway approach is shown on the plans and in Appendix A. Item No. 21 Remove and Reconstruct Private Improvements: Included in this item are removal and replacement of two 4 -inch thick PCC slabs, and of existing brick improvements. The work shall include but not be limited to sawcutting, removing, and disposing of existing PCC (to the nearest full slab), removal and replacement of brick, compaction, and construction of PCC slabs. The Bricks may be reused after removal if approved by the project inspector. Details for this construction are shown on plans and in Appendix A. Item No. 22 Remove and Reconstruct PCC Driveway: Work under this item shall include but not be limited to sawcutting, removing, and disposing of existing driveway, subgrade compaction, constructing new 4 -inch thick PCC driveway, repairing any private improvements damaged during construction, and all other items as required to complete the work in place. Details for this construction are shown on plans and in Appendix A. Item No. 23 Remove and Replace Landscaping in kind: Work under this item shall include but not be limited to removing and replacing in kind all landscaping affected during the construction of this project. Landscaping shall include but not be limited to turf, low lying bushes, and trees. Limits of the areas for this construction are shown on plans and in Appendix A: Item No. 24 Temporary Water Main Bypass: Work under this item shall include but not be limited to the installation and removal of a temporary water main bypass, connection to house services, restraining of temporary piping, and all other work necessary to install and remove a temporary water main bypass complete and in place. This Bypassing is to provide water service to residents on Ocean Vista Drive during construction. The construction and bypassing shall be broken into three phases as follows: 1) South end of Ocean Vista to Sea Cove Lane, 2) Sea Cove Lane to Sea Vista Drive, and 3) Sea Vista Drive to the North end of Ocean Vista. Also, bypassing may be necessary for construction on Orange Street. SP 14 OF 20 Item No. 25 Pressure Test, Disinfect and Flush Water Main: Work under this item shall include successfully pressure testing, disinfecting and flushing the new water mains per the project specifications. Item No. 26 Trench Excavation Safety Measures: Work under this item shall include but not be limited to submitting a detailed plan to the engineer prior to excavating any trench greater than five feet in depth per the project specifications. Item No. 27 Construction Surveying: Work under this item shall include but successfully pressure testing, disinfecting and flushing the new water mains per the project specifications. Item No. 28 Traffic Striping, Markings, and Markers: Work under this item shall include installing traffic striping, pavement markers, temporary striping, and all other work items as required to complete the work in place. Item No. 29 Provide As -Built Drawings: Work under this item shall include all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the engineer prior to request for progress payment." 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 -7 NON - MASONRY GROUT 201 -7.2 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." SP 15 OF 20 SECTION 207 -- -PIPE 207 -2 REINFORCED CONCRETE PIPE (RCP) 207 -2.5 Joints. Add to this section: "All storm drain joints shall be sealed with an external joint sealer for pre -cast concrete. The joint sealer shall consist of a reinforced collar composed of rubberized mastic formulated to bond into the pores of the concrete. The joint sealer shall also have embedded steel straps. The Contractor shall use Mar Mac "Mac Wrap" or approved equal. Mar Mac Manufacturing Company may be contacted at (800) 845 - 6962." 207 -9 IRON PIPE AND FITTINGS 207 -9.2 Ductile Iron Pipe for Water and Other Liquids 207 -9.2.2 Pipe Joints. Add to this section, "All flanged pipe joints shall be joined utilizing type 316 Stainless Steel nuts, washers and hex -head bolts. Gasket shall be full- faced, cloth reinforced Buna -N rubber. Flex and Transition coupling used to join pipe in water main construction shall have all threaded parts and joining hardware fabricated from Type 316 Stainless Steel. Pipe hardness assemblies, valve and fitting restraints and shackle -clamp assemblies shall be joined utilizing Type 316 Stainless Steel all- thread rod, nuts, bolts and washers. Clamps, shackles and other hardware may be carbon steel or ductile iron where appropriate, but must be coated liberally with corrosion protective mastic compound. Bolted connectors fabricated from Stainless Steel shall have threaded parts coated liberally with an approved anti -seize compound. All bolted and threaded fasteners shall be manufactured in the United States of America and shall conform to the minimum requirements for strength, material construction and dimension as established by the ASTM and the ANSI Specifications. All Fasteners shall be accompanied by written certification from the manufacturer stating compliance with the appropriate specification. All mechanical joints shall be restrained joints." 207 -9.2.3 Fittings. Add to this section: 'Water main fittings shall be manufactured in accord with AWWA C110 (ANSI A21 -10) and a shall be ductile iron. Cast Iron fittings shall not be accepted. Compact body fittings (AWWA C153) will not be permitted unless otherwise specified. Mechanical joint fittings shall be manufactured in accord with AWWA C110 and shall have retainer glands. All flanged pipe and fitting shall be shop fabricated, not field fabricated. Adapter flanges shall be ANSI B16.5 SP 16 OF 20 pattern, Class 150 flanges. Bolts and nuts for all installations shall be Type 316 stainless steel. Threads shall be coated with a liberal amount of anti -seize compound. Flange gaskets shall be full -faced Buna -N, nylon impregnated rubber." 207 -9.2.4 Lining and Coating. Revise this section to read: "The internal surfaces of ductile iron pipe and fittings used for water mains shall be lined with a uniform thickness of cement mortar the sealed with bituminous coating in accord with AWWA C104 (ANSI A21 -4). The outside surface of ductile iron pipe fittings shall be coated with bituminous coating 3 -mils thick in accord with ANSI A 21.6 on ANSI A21.51." 207 -9.2.6 Polyethylene Encasement for External Corrosion Protection. Revise this section to read: "Ductile iron pipe fittings and valves buried underground shall be protected with plastic film wrap in accord with AWWA C105 (ANSI A 21.5). Wrap shall be loose 8 -mil thick polyethylene." SECTION 214 --- PAVEMENT MARKERS 214-4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non - reflective pavement markers types A and AY shall be ceramic." 214 -5 REFLECTIVE PAVEMENT MARKERS Add to this Section; "All new reflective pavement markers shall have glass - covered reflective faces or be 3M Series'290." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Sold Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at http: / /www.city. newport- beach. ca. us /GSV /Frachised %20Haulers.htm." 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 SP 17 OF 20 jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction." 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words 1-Y2 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 302 - -- ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section: "The asphalt concrete (A.C.) used for surface caps shall be III -C3 -AR -4000. The A.C. for base course shall be III -62 -AR -4000. All cracks % -inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot - applied crack sealant approved by the Engineer. In residential areas no highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top 1-Y2 inches of asphalt shall be placed in a separate lift. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted 95% minimum with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302 -5.4 Tack Coat. Add to this section: 'Prior to placing the asphalt concrete patches, a tack coat of Type SS -1 h asphaltic emulsion at a rate not to exceed one — tenth (1110) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." SP 18 OF 20 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 302 -6.6 Curing. Add to this section: "The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201 -1.1 -2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6 -7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 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." 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" or °W" for sewer or water 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." SP 19 OF 20 SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. The Contractor shall arrange to meet for this work with the City's Urban Forester, Mr. John Conway at (949) 644 -3083 a minimum of five workdays prior to beginning the work. The Contractor shall describe the method of pruning and removing minor tree roots that may be encountered during construction. The Urban Forrester will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he /she shall cease work at that location and immediately contact the City's Urban Forrester for inspection. Upon inspection, the Urban Forrester may require the Contractor to formally submit a plan for removing the large roots to the City for review. SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.6 Preparation of Existing Surfaces. Modify and amend this section to read: 'The Contractor shall remove all existing thermoplastic traffic striping and pavement markings prior to application of slurry seal by a method approved by the Engineer." 310 -5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: "The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 310 -5.6.8 Application of Paint. Add to this section: `Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. SP 20 OF 20 The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.45 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re- install "NO PARKING, TOW - AWAY' signs and re- notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes /covers /damages existing striping and /or raised pavement markers outside of the work area, he shall re- stripe /replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." SECTION 312 -- PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT. Amend this section with: 1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD - 902 -L. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry." 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\PBW\Shared \Contracts \FY 05-06 \IRVINE TERRACE WATER VALVE C- 3643 \Contact Documents\SPECS C- 3643.doo Last saved by Srooksl0 /0512005 10:59 AM APPENDIX A IRVINE TERRACE WATER VALVE REPLACEMENT SURFACE RESTORATION DETAIL SHEETS CONSTRUCTION NOTES 46214 3) REMOVE AND RECONSTRUCT ASPHALT CONCRETE PAVEMENT. i .,r I: SCALE: 1"=20" DRAWN: Sc DE IRVINE TERRACE SIGNED: SC CHECKED: M VALVE REPLACEMENT CONTRACT PLAN C -3643 SHEET CITY OF NEWPORT BEACH 2 OF 34 PUBLIC WORKS DEPARTMENT 46214 CONSTRUCTION NOTES 24 REMOVE AND RECONSTRUCT PCC CURB ACCESS RAMP PER DETAIL J ON SHEET 1 OF PLANS. DRAWN: Sc IRVINE TERRACE DESIGNED: SC CHECKED: MS VALVE REPLACEMENT coNTRACT PLAN C -3643 SHEET CITY OF NEWPORT BEACH 3 of 34 PUBLIC WORKS DEPARTMENT 46214 CONSTRUCTION NOTES 18 REMOVE AND RECONSTRUCT PCC SIDEWALK PER CNBSTD -180 -L TO THE NEAREST FULL SLAB. 22 REMOVE AND RECONSTRUCT LANDSCAPE IMPROVEMENTS IN KIND. SCALE: 1 " =20" DRAWN: SC IRVINE TERRACE DESIGNED: SC CHECKED: MS VALVE REPLACEMENT CONTRACT PLAN C -3643 SHEET CITY OF NEWPORT BEACH 4 OF 34 PUBLIC WORKS DEPARTMENT 46214 18 REMOVE AND RECONSTRUCT PCC SIDEWALK PER CNB STD -180 -L TO THE NEAREST FULL SLAB. SCALE: 1 " =20" DRAWN: Sc IRVINE TERRACE DESIGNED: SC CHECKED: MS VALVE REPLACEMENT CONTRACT PLAN C -3643 SHEET CITY OF NEWPORT BEACH E 5 OF 34 PUBLIC WORKS DEPARTMENT 46214 CONSTRUCTION NOTES 19 REMOVE AND RECONSTRUCT PCC DRIVEWAY APPROACH PER CN6 STD - 163 -L. SCALE: 1 " =20" DRAWN: SC IRVINE TERRACE DESIGNED: SC CHECKED: M VALVE REPLACEMENT CONTRACT PLAN C -3643 SHEET CITY OF NEWPORT BEACH 6 Ol 34 PUBLIC WORKS DEPARTMENT CONSTUCTION NOTES 90 REMOVE AND RECONSTRUCT IN KIND PRIVATE IMPROVEMENTS. APPROVED_ A \ 1 46214 I.. SCALE: 1 " =20" DRAWN: SG IRVINE TERRACE DESIGNED: SC CHECKED: M VALVE REPLACEMENT CONTRACT PLAN ` I C -3643 SHEET CITY OF NEWPUR I BEAUH 7 OF 34 PUBLIC WORKS DEPARTMENT 46214 CONSTRUCTION NOTES 45 REMOVE AND RECONSTRUCT ASPHALT CONCRETE PAVEMENT. i "ii v SCALE: 1 " =20" DRAWN: Sc IRVINE `TERRACE DESIGNED: SC CHECKED: MS VALVE REPLACEMENT CONTRACT PLAN C -3643 SHEET CITY OF NEWPORT BEACH E 8 of 34 PUBLIC WORKS DEPARTMENT APPROVED. A \ 1 46214 CONSTRUCTION NOTES 15 REMOVE AND RECONSTRUCT ASPHALT CONCRETE PAVEMENT. 18 REMOVE AND RECONSTRUCT PCC SIDEWALK PER CNB STD -180 -L TO THE NEAREST FULL SLAB. 24 REMOVE AND RECONSTRUCT PCC CURB ACCESS RAMP PER DETAIL J ON SHEET 1 OF PLANS. DRAWN: SC IRVINE TERRACE DESIGNED: SC CHECKED: MS VALVE REPLACEMENT CONTRACT PLAN C -3643 SHEET CITY OF NEWPORT BEACH E 9 OF 34 PUBLIC WORKS DEPARTMENT 46214 CONSTRUCTION NOTES 16 REMOVE AND RECONSTRUCT PCC CROSS GUTTER PER CNB STD -185 -L TO THE NEAREST CONSTRUCTION JOINT. 1$ REMOVE AND RECONSTRUCT PCC SIDEWALK PER CNB STD -180 -L TO THE NEAREST FULL SLAB.. 24 REMOVE AND RECONSTRUCT PCC CURB ACCESS RAMP PER DETAIL J ON SHEET 1 OF PLANS. SCALE: 1"=20" DRAWN: SC IRVINE TERRACE DESIGNED: SC GHEGKED: MS VALVE REPLACEMENT CONTRACT PLAN C -3643 SHEET CITY OF NEWPORT BEACH E 10 OF 34 PUBLIC WORKS DEPARTMENT 46214 is Y5 REMOVE AND RECONSTRUCT ASPHALT CONCRETE PAVEMENT. 21 REMOVE AND RECONSTRUCT IN KIND PRIVATE PCC DRIVEWAY. 22 REMOVE AND RECONSTRUCT LANDSCAPE IMPROVEMENTS IN KIND. SCALE: 1"=20" PRAWN: Sc OA TERRACE DESIGNED: SC CHECKED; MS VALVE REPLACEMENT CONTRACT PLAN C -3643 SHEET CITY OF NEWPORT BEACH 111), 34 PUBLIC WORKS DEPARTMENT 46214 18 REMOVE AND RECONSTRUCT PCC SIDEWALK PER CNEI STD -180 -L TO THE NEAREST FULL SLAB. lI' SCALE: 1 " =20" DRAWN: SC IRVINE TERRACE DESIGNED: SC CHECKED: MS VALVE REPLACEMENT CONTRACT PLAN C -3643 SHEET CITY OF NEWPORT BEACH E . 120, 34 PUBLIC WORKS DEPARTMENT APPROVED. A \ 1 46214 CONSTRUCTION NOTES 15 REMOVE AND RECONSTRUCT ASPHALT CONCRETE PAVEMENT. 17 REMOVE AND RECONSTRUCT PCC CURB ACCESS. RAMP PER CNB STD- 181 -L -A (CASE E). 24 REMOVE AND RECONSTRUCT PCC CURB ACCESS RAMP PER DETAIL J ON SHEET 1 OF PLANS. 1 •�_ ?i f SCALE: 1"=20" DRAWN: Sc IRVINE TERRACE DESIGNED: SC CHECKED: MS VALVE REPLACEMENT CONTRACT PLAN C -3643 CZWW9T CITY OF NEWPORT BEACH 130F 341 PUBLIC WORKS DEPARTMENT 19 REMOVE AND RECONSTRUCT PCC DRIVEWAY APPROACH PER CNB STD -163 -L E. 46214 .rr f SCALE: 1"=20" DRAWN: Sc DESIGNED: Sc IRVINE TERRACE CHECKED: MS VALVE REPLACEMENT CONTRACT PLAN C -3643 SHEET CITY OF NEWPORT BEACH 150, 34 PUBLIC WORKS DEPARTMENT 23 REMOVE AND RECONSTRUCT DECORATIVE PCC DRIVEWAY APPROACH PER CNB STD- 163 -L. «:MAEl1 SCALE: 1"=20" DRAWN: SC SIGNED: SC IRVINE TERRACE DE CHECKED: ms VALVE REPLACEMENT CONTRACT PLAN C -3643 E SHEET CITY OF NEWPORT BEACH 170F 34 PUBLIC WORKS DEPARTMENT 46214 CONSTRUCTION NOTES 22 REMOVE AND RECONSTRUCT LANDSCAPE IMPROVEMENTS IN KIND. SCALE: 1 " =20" DRAWN' SC DESIGNED: SC IRVINE TERRACE CHECKED: MS VALVE REPLACEMENT coNTRACT PLAN C -3643 E SHEET CITY OF NEWPORT BEACH 180F 34 PUBLIC WORKS DEPARTMENT APPROVED_ A \ 1 46214 CONSTRUCTION NOTES 22 REMOVE AND RECONSTRUCT LANDSCAPE IMPROVEMENTS IN KIND. a SCALE: 1"=20" DRAWN: SC IRVINE TERRACE DESIGNED: SC CHECKED: ms VALVE REPLACEMENT CONTRACT PLAN C -3643 CHFFT CITY OF NEWPORT BEACH 20 OF 341 PUBLIC WORKS DEPARTMENT 46214 CONSTRUCTION NOTES 22 REMOVE AND RECONSTRUCT LANDSCAPE IMPROVEMENTS IN KIND. SCALE: 1 " =20" DRAWN: Sc IRVINE TERRACE DESIGNED: Sc CHECKED: MS VALVE REPLACEMENT CONTRACT PLAN C -3643 SHEET CITY OF NEWPORT BEACH E 220F 34 PUBLIC WORKS DEPARTMENT 46214 CONSTRUCTION NOTES xA 22 REMOVE AND RECONSTRUCT LANDSCAPE IMPROVEMENTS IN KIND. 11 SCALE: 1"=20" DRAWN: SC IRVINE TERRACE DESIGNED: SC CHECKED: MS VALVE REPLACEMENT CONTRACT PLAN C -3643 SHEET CITY OF NEWPORT BEACH E 230, 34 PUBLIC WORKS DEPARTMENT CONSTRUCTION NOTES 19 REMOVE AND RECONSTRUCT PCC DRIVEWAY APPROACH PER CNB STD- 163 -L. APPROVED_ A 1 1 46214 1 �iiirii�� i��` �1r1 r I SCALE: 1 " =20" DRAWN: SC DESIGNED: Sc IRVINE TERRACE CHECKED: MS VALVE REPLACEMENT CONTRACT PLAN C -3643 SHEET CITY OF NEWPORT BEACH E 240F 34 PUBLIC WORKS DEPARTMENT 46214 CONSTRUCTION NOTES 22 REMOVE AND RECONSTRUCT LANDSCAPE IMPROVEMENTS IN KIND.. SCALE: 1 " =20" d sc IRVINE TERRACE Mc VALVE REPLACEMENT CONTRACT PLAN C -3643 E SHEET CITY OF NEWPORT BEACH 250, 34 PUBLIC WORKS DEPARTMENT 46214 CONSTRUCTION NOTES 19 REMOVE AND RECONSTRUCT PCC DRIVEWAY APPROACH PER CN6 STD- 163 -L. I SCALE: 1"=20" DRAWN: SC DESIGNED: Sc IRVINE TERRACE CHECKED: ms VALVE REPLACEMENT CONTRACT PLAN C -3643 SHEET CITY OF NEWPORT BEACH -260F 34 PUBLIC WORKS DEPARTMENT 46214 CONSTRUCTION NOTES 19 REMOVE AND RECONSTRUCT PCC DRIVEWAY APPROACH PER CND STD- 163 —L. 22 REMOVE AND RECONSTRUCT LANDSCAPE IMPROVEMENTS IN KIND. I. SCALE: 1"=20" DRAWN: SC IRVINE TERRACE DESIGNED: SC CHECKED: ms VALVE REPLACEMENT CONTRACT PLAN C -3643 SHEET CITY OF NEWPORT BEACH 270F 34 PUBLIC WORKS DEPARTMENT APPROVED_ A N 1 46214 CONSTRUCTION NOTES 22 REMOVE AND RECONSTRUCT LANDSCAPE IMPROVEMENTS IN KIND. DRAWN: Sc DESIGNED: Sc IRVINE TERRACE CHECKED: MS VALVE REPLACEMENT CONTRACT PLAN C -3643 cuccT CITY OF NEWPORT BEACH 29 DF 341 PUBLIC WORKS DEPARTMENT 46214 CONSTRUCTION NOTES 22 REMOVE AND RECONSTRUCT LANDSCAPE IMPROVEMENTS IN KIND. i I SCALE: 1"=20" DRAWN: SC IRVINE TERRACE DESIGNED: Sc CHECKED: MS VALVE REPLACEMENT CONTRACT PLAN C -3643 SHEET CITY OF NEWPORT BEACH E 300, 34 PUBLIC WORKS DEPARTMENT APPROVED_ A N 1 46214 iIs IS REMOVE AND RECONSTRUCT PCC DRIVEWAY APPROACH ]� PER CNB STD- 163 -L. J'I` 22 REMOVE AND RECONSTRUCT LANDSCAPE IMPROVEMENTS IN KIND. SCALE: 1"=20" DRAWN: Sc IRVINE TERRACE DESIGNED: Sc CHECKED: MS VALVE REPLACEMENT 77NTRACT PLAN C -3643 E SHEET CITY OF NEWPORT BEACH 31 Ol 34 PUBLIC WORKS DEPARTMENT DESIGNED: SC 46214 CONSTRUCTION NOTES 'IpI 22 REMOVE AND RECONSTRUCT LANDSCAPE IMPROVEMENTS IN KIND. 11 A SCALE`. 1"=20" DRAWN: SC IRVINE TERRACE DESIGNED: SC CHECKED: MS VALVE REPLACEMENT CONTRACT PLAN SHEET CITY OF NEWPORT BEACH 330F 34 PUBLIC WORKS DEPARTMENT �� \ d� �» � »� � / / � \� f2 :% � � �« .� 2� CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT °° -d'' °Si La _ 3e�3 Agenda Item No. 14 December 13, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY FROM: Public Works Department Mike DEC 3 i'U� a Sinaco 949 -644 -3311 APPROVE msinacod@city.newport-beach.ca.us SUBJECT: IRVINE TERRACE WATER VALVE, OCEAN VISTA AND ORANGE STREET WATER MAIN REPLACEMENTS - AWARD OF CONTRACT NO. 3643 RECOMMENDATIONS: 1. Approve the plans and specifications. • 2. Award Contract No. 3643 to John T. Malloy for the Total Bid Price of $671,300.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $100,000 to cover the cost of unforeseen work. DISCUSSION: At 10:00 a.m. on November 15, 2005 the City Clerk opened and read the following bids for this project: The low total bid amount is 6.7 percent below the Engineer's Estimate of $720,000. The low bidder, John T. Malloy, possesses a California State Contractors General "A" License Classification as required by the project specifications. A check of the Contractors references indicates they have satisfactorily completed similar projects for other municipalities, including the City of Newport Beach. The project involves replacing water valves in the Irvine Terrace Tract. The existing water valves currently do not function well and have served their useful life. However, BIDDER TOTAL BID AMOUNT Low John T. Malloy Construction $671,300.00 2 West Valley Construction 738,250.00 3 So Cal Plumbing and Electrical 750,550.10 4 J. Fletcher Creamer & Sons 951,763.00 5 GCI Construction 966,910.00 6 Atlas — Allied, inc. 1,086,600.00 The low total bid amount is 6.7 percent below the Engineer's Estimate of $720,000. The low bidder, John T. Malloy, possesses a California State Contractors General "A" License Classification as required by the project specifications. A check of the Contractors references indicates they have satisfactorily completed similar projects for other municipalities, including the City of Newport Beach. The project involves replacing water valves in the Irvine Terrace Tract. The existing water valves currently do not function well and have served their useful life. However, Irvine Terrace Water Valve, Ocean And Orange Street Water Main Replacements - Award0ontract No. 3643 December 13, 2005 Page: 2 the existing water mains are still functioning properly and replacement of the mains is not required. In addition, water mains will be replaced in the Sea Island community on Ocean Vista and a short section of pipe in the Newport Shores area. Per the Contract Specifications the Contractor will have 90 consecutive working days to complete the work. . Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines at the time the project was authorized by the City Council. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Affected residents and businesses will be noticed by the contractor /City ten days and two days prior to starting work in their area. Geotechnical and Survey Services: In addition to the contract costs, approximately $7,500 in consulting geotechnical services is estimated for this project. Survey services will be provided for by the Contractor as defined in the contract documents. Fundino Availability: There are sufficient funds available in the following account(s) for the project: Account Description Water Main Master Plan Improvements Program Pipeline Replacement Projects Prepared by: J. Sinacori, P.E. Engineer Attachments: Bid Summary Account Number Amount 7501- C5500074 $567,000.00 7501- C5500578 $111,800.00 Total: $778,800.00 Submitted by: ;n u. tsaaum Works Director • E CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TITLE: Irvine Terrace Water Valve, Ocean Vista, & Orange. Street Water Main Replacement CONTRACT NO.: C -3643 ENGINEER'S ESTIMATE: 5719,950.00 PROJECT MANAGER:. M. Sinacori BID LOCATION: City Clerk's Office - City Hall DATE: TIME BY: SC. CHECKED: MS DATE: 10/06/2005 f:lusers\pbw\shared\ contract \00.01 \\BID SUMMARY C- 3643.xls Page 1 Engineers Estimate John T. Malloy West Valley Construction So Cal Plumbing .& Electrical. ITEM DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT 1 Mobilization 1 LS 15,000.00 15,000.00 38,000.00 38,000.00 25,690.00 25,690.00 15,000.00 15,000.00 2 Traffic Control 7 LS 10,000.00, 10,000.00 9,000.00 9,000.00 10,800.00 10,800.00 25,000.00 25,000.6( 3 Remove /Install 6° RW Gate Valve (MJxMJ) 53 EA 2,500.00 132,500.00 3;300.00 174,900.00 2,655.00 140,715.00 471.70 25,000.1 4 Remove /Install 8" RW Gate Valve (MJxMJ) 9 EA 3,000.00 27,000.00 1,200.00 10,800.00 3,175,00 28,575.00 5,000.00 45,000.00 5 Remove Intederring Poitions of Existing Water Main 7 LS 12,500.00 12,500.00 2,000.00 2,000.00 5,480.00 5,480.00 50,000.00 50,000.00 6 Install 4" Class 200 PVC Watermain 150 LF 1 85.00 12,750.00 250.00 37,500.00 73.00 10,950.00 .60.00 9,000.00 7 Install 6` Class 200 PVC Watermain 310 LF 1 95.00 29,450.00 200.00 62,000.00 115.00 35,650.00 65.00 20,150.00 8 Install e' Class 200 PVC Watermain 2,170 LF 105.001 227,850.00 70.00 151,900.00 85.00 184,450.001 80.00 173,600.00 9 Potholing of Existing Utilities in Coast Highway 5 EA 5,000.00 25,000.00 500.00 2,500.00 710.00 3,550.00 2,500.00 12,500.00 90 Reconnect to Existing Fire Hydrant 5 EA 1,000.00 5,000.00 3,000.00 15,000.00 2,120.00 10,600.00 1,500.00 7,500.00 11 Reconnect 10 Existing l" Water Service 59 EA Boo.001 47,200.00 600.00 35,400.00 615.00 .36,285.00 750.00 44,250.00 12 Remove Existing and Construct 1' Water Service 31 EA 1,200.001 37,200.00 800.00 24,800.00 1,460.00 45,260.00 750.00 23,250.00 1.3 Remove Existing and Construct 2" Water Service 3 EA 2,000.001 6,000.00 2,000.00 6;000.00 1,975.00 5,925:00 1,200.00 3,600.00 14 Remove and Reconstruct PCC Cross Gutter 400 SF 20.001 8,000.00 20.00 8,000:001 22.00 8,800.00 38.00 15,200.00 15 lConslruct 2" Water Irrigation Connection 1 LS 5,000.00 5,000.00 6,000.00 6,000.00 3,545.00 3;545.00 5,000.00 5,000.00 16 Remove Improvements and Construct Type E Curb Access Ramp 2 EA 1,500.00 3,000.00 4,000.00 8,000.00 5,765.00 11,530.00 5,000.00 10;000.00 17 Remove Improvements and Construct Curb Access Ramp per Detail J 3 EA 1,500.00 4,500.00 4,000.00 12,000.00 5,670.00 17,010.00 5.000.00 15,000.00 18 1 Remove and Reconstruct PCC Sidewalk 500 SF 6.00 3,000.00 8.00 4,000.00 14.00 7,000.00 38.00 1.9,000.00 19 lRemove and Reconstruct PCC Driveway Approach 7 EA 3,000.00 21,000.00 3,500.00 24,500.00 4,350.00 30,450.00 2,500.00 17,500.0 20 Remove and Reconstruct Decorative PCC Driveway Approach 1 EA 5,000.00 5,000.00 3,000.00 3,000.00 6,300.00 6,300.00 10,000.00 10,000.0 21 Remove and Reconstruct Private Improvements 1 LS 3;000.00 3;000.00 2,000.00 2,000.00 7,790.00 7,790.00 10,000.00 10,000.00 22 Remove and Reconstruct PCC Driveway 7 EA 4,000.00 4,000.00 5,000.00 5,000.00 4,990,001 4,990.00 5,000.00 5,000.00 23 Remove and Replace Landscaping Improvements in kind 1 LS 12,000.00 12,000.00 3,000.00 3,000.00 9,645.00 9,645.00 25,000.00 25,000.00 24 Temporary Water Main Bypassing 1 1 LS 25,000.00 25,000.00 10,000.00 10,000.00 55,870.00 55,870.00 60,000.001 60,000.00 25 Pressure Test, Disenfect, and Flush Water Main 1 LS 20,000.00 20;000.00 3,000.00 3,000.00 11,355.00 11,355.00 10,000.00 10,000.00 26 Trench Excavation Safety Measures 1 LS 7,000.00 7,000.00 3,000.00 3,000.00 2,850.00 2,850.00 25,000.00 25,000.00 27 Construction Surveying 1 LS 5,000.00 5,000.00 3,000.00 3,000.00 12,620.00 12,620.00 25,000.00 25,000.00 28 Install Traffic Striping, Markings, and Markers 7 LS 3,000.00 3;000.00 3,000.00 3,000.00 3,440.00 3,440.00 35,000.00 35,000.00 29 jProvide As -Built Drawings 1 LS 4,000.001 4,000.00 4;000.00 4,000.00 1,125.00 1,125.00 10,000,00 10,000.00 EE 719,950.00. LOW 671,300.00 2ND 738,250.00 3RD 750,550.10 f:lusers\pbw\shared\ contract \00.01 \\BID SUMMARY C- 3643.xls Page 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TITLE: Irvine Terrace Water Valve, Ocean Vista, & Orange Street Water Main Replacement CONTRACT NO.: C -3643 ENGINEER'S ESTIMATE: $719,950.00 PROJECT MANAGER: M. Sinacori BID LOCATION: City Clerk's Office -City Hall DATE: TIME: BY: SC CHECKED: MS DATE: 10106/2005 f: \users\pb, hared\contracl \00- 011 \DID SUMMARY C-3643.x1s 0 0 age 2 Engineer's Estimate J. Fletcher Creamer& Sons GCI Construction Atlas - Allied, Inc. 1 I Mobilization 1 LS 15.000.00 15,000.00 50,000.00 50,000.00 47,000.00 47,000.00 50,000.00 50,000.00 2 Traffic Control 1 LS 15,000.00 15,000.00 15,000.00 15,000.00 8,200.00 8,200.00 15,000.00 15,000.00 3 Remove /Install6" flW Gate Valve (MJxMJ) 53 EA 2,500.00 132,500.00 4,650.00 246,450.00 2,400.00 127,200.00 5,000.00 265,000.00 4 Remove /Install 8" RW Gate Valve (MJxMJ) 9 EA 3,000.00 27,000.00 4,150.00 37,350.00 3,200.00 26,800.00 6,000.001 54,000.0^ 5 Remove Interfernng Portions of Existing Water Main 1 LS 25,000:00 25,000.00 5,250.00 5,250.00 8,0000 8,000.00 10,000.00 10,000. 6 Install 4' Class 200 PVC Watermain 150 LF .85.00 12,750.00 150.00 22,500.00 250.00 37,500.00 80.00 12,000.00 7 Install 6" Class 200 PVC Watermain 310 LF 95.00 29,450.00 140.00 43,400.00 130.00 40;300.00 90.00 27,900.00 8 Install 8" Class 200 PVC Watermain 2,170 LF 105.00 '227,850.00 137.00 297,290.00 143.00 310,310.00 110.00 238,700.00 9 Potholing of Existing Utilities in Coast Highway 5 EA 5.000.001 25,000.00 875.00 4,375.001 9,200.00 46;000.00 3,000.00 15,000.00 10 Reconnect to Existing Fire Hydrant 5 EA 1 1,000.001 5,000.00 2,865.00 14;325.00 2,000.00 10,000.00 2,000.00 10,000.00 11 Reconnect to Existing 1' Water Service 59 EA 800.00 47,200.00 500.00 29,500.00 1,800.00 106,200.00 1.,500.00 88,500.00 12 Remove Existing and Construct 1" Water Service 31 EA 1,200.00 37,200.00 2,175.00 67,425.00 2,200.00 68,200.00 2,500.00 77,500.00 13 Remove Existing and Construct 2" Water Service 3 EA 2,000.00 6,000.00 2,750.00 8,250.00 2,600.00 7,800.00 4,000.00 12,000.00 14 Remove and Reconstruct PCC Cross Gutter 400 SF 20.00 8,000.00 7.50 3,000.00 14.00 5,600.00 20.001 8,000.00 15 Construct 2" Water Irrigation Connection 1 LS 5.000.00 5,000.00 14,300.00 14,300.00 2,700.00 2,700.00 10,000.00 10,000.00 16 Remove Improvements and Construct Type E Curb Access Ramp 2 EA 1,500.00 3,000.00 1,850.00 3,700.00 2,700.00 5,400.00 3,000.00 6,000.00 17 Remove Improvements and Construct Curb Access Ramp per Detail .J 3 EA 1,500.00 4,500.00 1,875.00 5,625.00 2,700.00 8,100.00 3,500.00 10,500.00 18 Remove and Reconstruct PCC Sidewalk 500 SF 6.00 3;000.00 6.00 3,000.00 9.00 4,500.00 10.00 5,000.00 19 Remove and Reconstruct PCC Driveway Approach 7 EA 3,000.00 21,000.00 2,770.00 19,390.00 2,700.00 18,900.00 4,000.00 28,000.00 20 Remove and Reconstruct Decorative PCC Driveway Approach 1 EA 5,000.00 5,000.00 3,880.00 3,880.00 4,700.00 4,700.00 7,500.00 7,500.00 21 Remove and Reconstruct Private Improvements 1 LS 3,000.00 3,000.00 5,838.00 5,838.00 12,000.00 12,000.00 25,000.00 25,000.o 22 Remove and Reconstruct PCC Driveway 1 EA 4,000.00 4,000.00 4,265.00 4,265.00 3,400.00 3,400.00 8,000.00 8,000.00 23 Remove and Replace. Landscaping Improvements in kind 1 LS 12,000.00 12,000.00 5,950.00 5,950.00 12,000.00 12,000.00 25,000.00 25,000.00 24 Temporary Water Main Bypassing 1 LS 25,000.00 25,000.00 18,500.00 18,500.00 21,000.00 21,000.00 30,000.00 30,000.00 25 Pressure Test, Disenfecl, and Flush Water Main i LS 20,000.00 20,000.00 10,700.00 10,700.00 9,000.00 9,000.00 10,000.00 10,000.00 26 Trench Excavation Safety Measures 1 LS 7,000.00 7,000.00 2,500.00 2,500.00 2,800.00 2,800.00 9,000.00 .9,000.00 27 Construction Surveying 1 LS 5,000.00 5,000.00 5,000.00 5,000.00 51500.00 5,500.00 8,000.00 8,000.00 28 Install Traffic Striping, Markings, and Markers 1 LS 3,000.00 3,000.00 2,500.00 2,500.00 5,000.00 5,000.00 16,000.00 16,000.00 29 Provide As -Built Drawings 1 LS 5,000.00 5,000.00 2,500.00 2,500.00 800.00 800.00 5,000.00 5,000.00 EE 738,450.00 4TH 951,763.00 5TH 966,910.00 1 6TH 1,086,600.00 f: \users\pb, hared\contracl \00- 011 \DID SUMMARY C-3643.x1s 0 0 age 2 Subject Irvine Terrace Valve Replacernent — Reject Bids For Contract No. March S, 2004 Page: 2 nvironmental Review. The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. Prepared I I. Sinacori, P.E. 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