The URL can be used to link to this page

Home My WebLink AboutC-3646 - Cameo Shores Sewer Force Main ReplacementCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC June 22, 2005 GCI Construction, Inc. 245 Fischer Avenue, B -3 Costa Mesa, CA 92626 Subject: Cameo Shores Sewer Force Main (C -3646) To Whom It May Concern: On June 22, 2004, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on August 9, 2004. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 08491144. Enclosed is the Faithful Performance Bond. Sincerely, �r� A. / � LaVonne M. Harkless, MMC City Clerk cc: Public Works Department R. Gunther, P.E. enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CAMEO SHORES FORCE MAIN REPLACEMENT CONTRACT NO. 3646 EXECUTED IN FOUR COUNTERPARTS PREMIUM: $3,202.00 BOND NO. 08491144 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 3,202.00 being at the rate of $ 18.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to CCI Construction, Inc., hereinafter designated as the "Principal ", a contract for construction of CAMEO SHORES FORCE MAIN REPLACEMENT, Contract No. 3646 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. 3646 and. the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach,. in the sum of one hundred severity -seven thousand, nine hundred five and 001100 Dollars ($177,805.00) 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 he 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 shag 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 duty executed by the Principal and Surety above named, on the 7 th day of JANUARY 2004. GCl Construction, Inc- (Principe!) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 801 NO. BRAND BL.:, STE PENTHOUSE Address of Surety GLENDALE, CA 91203 (818) 409 -2800 Telephone MICHAEL D. STONG, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange On January 20, 2009 , before me, Janet L. Russell - Notary Public Date Name and Title of officer (e.g., 'Jane one Notary Public') personally appeared Floyd Bennett JRNET L. RUSSELL Commission # 1335385 Notary Public- CeNtotnfe orange County My Comm. E71.9maDec21,2OD5 X1 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(e whose nameW is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /uer/their authorized capacity(iel), and that by his /tier /their signatureW on the instrument the personal, or the entity upon behalf of which the person(ej- acted, executed the instrument. WITN SS'nmy hand aAa,al seal. 4gL Place Notary Seal Above 'I '( n�`(`i(gna/t�urej/of No ry Pv lic OPTIONAL Though the information below is not required . by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Hair] Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Floyd )nett Number of Pages: ❑ Individual Top of thumb here M Corporate Officer — Title(s): S3CretarY Treasurer !.=i Partner —D Limited ❑ General ❑ Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: 01999 National NOU Assocution•9350 De Soto Ave.. P.n. Sox 2492- CItale wont,, CA 91313 Z402 - www.naoeramolary.otg Pend NO 590] FeOaer. Cat ioGP,ee f 800d76 6627 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California I ss. County of RIVERSIDE On l 1 C y before me, R. STANDLEY , Data Name antl Title of OHlcer le.g_'Jane 004. Notary Public') personally appeared MICHAEL D. STONG Z S7plNDLEY /� "" I CQ,it',M 0253272 s CA NOTARY FUOI.IC- CALIFORNIA r; /) RNERSIDE COUNTY R1YF Expires COUP. 200/ Ex personally known to me proved to me on the basis of satisfactory evidence to be the personXwhose nameis /Vt� 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 /heFkher signature(y)'on the instrument the person.(s); or the entity upon behalf of which the person(A acted. executed the instrument. WITNESS my, hand and official seal. Place Notary Seal Above Signature of Notary .olio OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment or this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name:' D,I Individual Too of ruMb here Corporate Officer — Title(s): C Partner —C Limited C General C Attorney in Fact G Trustee C Guardian or Conservator Other: Signer Is Representing: 01999 Nllenal Notary As4aialion • 9350 be Solo Ave.. P.C. Bm 2402 • Cnalawonn, CA 9131344022 • p , nalmnalnolary0i9 Pma. No, $907 aemderr. Calf iolbFree 1- 900.976 6627 0 ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND We are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is $_waived_. This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1 % of direct earned premium in the prior year; for 2003, 7% of direct earned premium in the prior year; for 2004, 10% of direct earned premium in the prior year; and for 2005, 15% of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90 %. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed $100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000, These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 - 0050749.doc Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C. ROGERS, Ved dent, and SMITH, Assistant Secretary, in The said Assistant Secretary does hereby certi the extra forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, IN WITNESS WHEREOF, the said affixed the Corporate Seal of the said A.D. 2003. pursuance of authority granted by Article VI, Section 2, of the B of said y, which are set forth on the reverse side hereof and are hereby certified to be in full force and effec ate h oes hereby nominate, constitute and appoint Michael D. Stung, of Riverside, California, its tm l d Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act y I bonds a nd undertakings and the execution of such bonds or undertakings in pursuance of these pjpe, hall be mg upon said Company, as fully and amply, to all intents and purposes, as if they had been duly exec d ackno ed by the regularly elected officers of the Company at its office in Baltimore, Md., in their o persons. is power of attorney revokes that issued on behalf of Michael D. Stung, dated January ATTEST: v�,v ocvof,. u o o to r4WnJ State of Maryland Sss: City of Baltimore ) dis�ow in fore esident ssistant Secretary have hereunto subscribed their names and ITY AN�R POSIT COMPANY OF MARYLAND, this 16th day of January, J O �O FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: - T E. Smith Assistant Secretary Paul C. Rogers Vice President On this 16th day of January, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swum, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. OEM- POA -F 012 -0629 Sandra Lynn Mooney Notary Public My Commission Expires: January I, 2004 21, 1998. ATTEST: v�,v ocvof,. u o o to r4WnJ State of Maryland Sss: City of Baltimore ) dis�ow in fore esident ssistant Secretary have hereunto subscribed their names and ITY AN�R POSIT COMPANY OF MARYLAND, this 16th day of January, J O �O FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: - T E. Smith Assistant Secretary Paul C. Rogers Vice President On this 16th day of January, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swum, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. OEM- POA -F 012 -0629 Sandra Lynn Mooney Notary Public My Commission Expires: January I, 2004 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC August 9, 2004 GCI Construction, Inc. 245 Fischer Avenue, B -3 Costa Mesa, CA 92626 Subject: Cameo Shores Sewer Force Main (C -3646) To Whom It May Concern: On June 22, 2004, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on July 2, 2004, Reference No. 2004000605892. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 08491144. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, MMC City Clerk cc: Public Works Department R. Gunther, P.E. encl. 3300 Newport Boulevard - Post Office Box 1768 - New-porr Beach, California 92658 -8915 71eieohone: (949) 644 -3005 - Fax: (949) 644 -3039 ��n ✓.:as.ne Dort -ceac _.ca. �s 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CAMEO SHORES FORCE MAIN REPLACEMENT PREMIUM INCLUDED IN PERFORMANCE BOND CONTRACT NO, 3646 EXECUTED IN FOUR COUNTERPARTS BOND NO. 08491144 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to GCI Construction, Inc., hereinafter designated as the "Principal," a contract for construction of CAMEO SHORES FORCE MAIN REPLACEMENT, Contract No. 3646 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. 3646 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, FIDELITY AND DEPOSIT COMPANY OF MARYLAND duty authorized to transact business under the laws of the State of California, as Surety, (referred to herein as 'Surety') are held firmly bound unto the City of Newport Beach, in the sum of one hundred seventy -seven thousand, nine hundred five and 001100 Dollars ($177,905.00) 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 severalty, 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 attomey's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 0 0 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq, of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 7 th day of JANUARY 2004. ;4 GCI Construction, Inc. (Principal) Authanzed Signature/Title W FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety Au rued Agent $ nature 801 NO. BRAND BL., STUIE PENTHOUSE GLENDALE CA 91203 MICHAEL D. STONG, ATTORNEY -IN -FACT Address of Surety , (818) 409 -2800 Telephone Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR. AND SURETY MUST BE ATTACHED 27 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange On January 20, 2004 , before me, Janet L. Russell — Notary Public Date Name and Title of Officer (e.g., 'Jane Doe, Notary Public') personally appeared Floyd Bennett Names) of Signer(s) JANET L. RUSSELL 6WCommiaaion�1335385 z Notary Public- California Orange County My C-Orm, - E-Vines Oec21,2005 „• X] personally known to me proved to me on the basis of satisfactory evidence to be the person s') whose name('sj is /-are subscribed to the within instrument and acknowledged to me that he /shVk rey executed the same in his4re J4,reir authorized capacity((ies), and that by his4 /tHeir signatureka)•on the instrument the personal, or the entity upon behalf of which the personkef acted, executed the instrument. WIT ESS m hand d cal seal. Place Notary Seal Above ignatua ffilmary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 13nd Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Number of Pages: r Signer's Name: Floild Banu7ett MH G Individual Top of thumb here X1 Corporate Officer— Title(s): S�eetarY TlY surer Partner — Limited —1 General = Attorney in Fact ❑ Trustee El Guardian or Conservator =' Other: ) Signer Is Representing: �tp %Nauoral NOary FSSxa6on•�W Oe SOm AVe.,P.C6ox24C2•Cba1swoen Pray. KO. 593> Peomer: Cal-oil Free LBW BI6607 • • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California J C` 1 ss. County of RIVERSIDE On j1 �! U , before me, R. STANDLEY Data Name and Title of Officer (e., ",uce Doe. Notary Public') personally appeared MICHAEL D. STONG Name(sj of Signerts( XZ personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personX whose namee is /vi5' subscribed to the within instrument and R STANDLEY acknowledged to me that ,h,e'//�s�'he /they executed � r the same in his /her-FFHeiT authorized ,,. Cp�tf�9. #1263;.72 ¢I NOTARYPU"IC- CALIFORNIAN capacity(ies), and that by his /her,44e'w RNERSICE COUNTY \Y.p• MyCamm.EzoiresJurraT,200A n t instrument entity onbehalfof which the the p pe s nX acted, executed the instrument. WITNE2iz;:7 Place Notary Seal P.dove OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: _ G Individual - Top of thumb here D Corporate Officer — Title(s): _ ❑ Partner — C Limited 2 General i Attorney in Fact Trustee Guardian or Conservator D Other: Signer Is Representing: 'd 1999 Nauenal Nola, ASIocilccc -eec6 Ce 5om A,,P.O.Bc.2Q2•Cl . u6cae. CA 2t3132iU2- v^x cnccal. ^.cle,arg O'a Np. 5907 9xorCee call TOlLFree 1 300.876.6827 Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder WHENRRECORDEED RETURN TOND IIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII lIIIIIIIIiIIIIIIIIIIIIIIIIINO FEE 200400060589211.07am 07102104 City Clerk 211 126 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 "Exempt om recording ees pursuant to Government Code Section 6103" t�Y NOTICE OF COMPLETION 11� NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and GCI Construction, Inc., of Costa Mesa, California, as Contractor, entered into a Contract on February 9, 2004. Said Contract set forth certain improvements, as follows: Cameo Shores Sewer Force Main (C -3646) Work on said Contract was completed on May 27, 2004, and was found to be acceptable on June 22, 2004, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland. t210-blic s Director City ewport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Cl Executed on 3 aid r at Newport Beach, California. a� BY &L�r� City Clerk E • • • • (3�) '3�yto CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 12 June 22, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY FROM: Public Works Department R.Gunther, P.E. 949 - 644 -3311 rgunther@city.newport-beach.ca.us L. SUBJECT: CAMEO SHORES SEWER FORCE MAIN — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3646 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On January 13, 2004, the City Council authorized the award of the Cameo Shores Sewer Force Main contract to GCI Construction, Inc. The contract provided the upsizing of an existing 4 -inch diameter sanitary sewer force main to 6- inches to allow for better hydraulic capacity for the pump station. The force main handles flow for Cameo Shores and Pelican Point and extends on Milford Drive between Camden Drive and Hampden Road. During peak flows the existing 4 -inch force main impacted the capacity of the pump station. In addition, access road modifications were made to allow the City's larger equipment to access the pump station and a new discharge manhole was installed at the terminus of the new force main. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $177,905.00 Actual amount of bid items constructed: 181,361.50 Total amount of change orders: 28,381.92 Final contract cost: $209,743.42 SUBJECT: Cameo Shores Sewer Main - Completion and Acceptance of Contract 46 June 22, 2004 Page 2 The final overall construction cost including Change Orders was 17.9 percent over the original bid amount. Per City Council Policy, the City Manager has given his written authorization to exceed the original contract by over 10 %. Three Change Orders in the amount of $28,381.92 were issued for the project. Change Order No. 1 in the amount of $11,908.69 provided for reconstruction and replacement of asphalt pavement adjacent to the sewer trench. Change Order No. 2 in the amount of $12,653.10 provided for the removal of the existing sewer pipe and for a drop manhole connection. Change Order No. 3 in the amount of $3,820.13 provided for asphalt reconstruction and replacement based on as built measurements in addition to the amount in Change Order No. 1. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines at the time the project was authorized by the City Council. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. Funding Availability: Funds for the project were expended from the following account(s): Account Description Account Number Amount Sewer Main Replacement 7531- C5600728 $194,905.00 Wastewater Enterprise 7531- C5600292 14,838.42 TOTAL: $209,743.42 The original contract completion date was May 7, 2004. Due to the added Change Order work the completion date was extended to May 27, 2004. All work was completed by the revised completion date. Prepared by: R. Gunther, P.E. Construction Engineer Submitted by: E 0 0 --012-- CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC June 23, 2004 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notices of Completion (C -3646, C -3654, C -3649 and C -3447) Please record the enclosed documents (4) and return to the City Clerk's Office. Thank you. Sincerely, VIA a- � /// - " LaVonne M. Harkless, CMC City Clerk Enclosures 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 - www.city.newport- beach.ca.us RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 'Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and GCI Construction, Inc., of Costa Mesa, California, as Contractor, entered into a Contract on February 9, 2004. Said Contract set forth certain improvements, as follows: Cameo Shores Sewer Force Main (C -3646) Work on said Contract was completed on May 27. 2004, and was found to be acceptable on June 22. 2004, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland. illublic s Director City . ewport Beach VERIFICATION certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Cl Executed on 4rj- a 3 av0 r at Newport Beach, California. -domftaw_ BY &6n/r-i / City Clerk E • • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT • (_ o Agenda Item No. io January 13, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Sean Crumby, P.E. L. 949 - 644 -3311 scrumby @city.newport- beach.ca.us LJOA Qa SUBJECT: CAMEO SHORES SEWER FORCE MAIN REPLACEMENT - AWAR D OF CONTRACT NO. 3646 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3646 to GCI Construction for the Total Bid Price of $177,905.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $17,000.00 to cover the cost of unforeseen work. 4. Approve Budget Amendments in the amount of $49,865.63 from various accounts to Account No. 7531- C5600728. DISCUSSION: At 10:00 A.M. on December 18, 2003 the City Clerk opened and read the following bids for this project: BIDDER Low GCI Construction 2 Savala Construction 3 Nikola Corporation 4 Cody Engineering 5 A.W. Davies 6 Atlas- Allied Inc. 7 Southern California Underground TOTAL BID AMOUNT $177,905.00 $179,063.50 $189,964.00 $197,295.00 $221,098.00 $234,855.00 $265,350.00 Subject: Cameo Shores Sewer Force Main Replacement— Award of Contract. 3646 January 13, 2004 Page: 2 The low total bid amount is 11.5 percent below the Engineers Estimate of $201,000. The low bidder, GCI Construction, possesses a California State General "A" Contractors License as required by the project specifications. A check of the Contractors references indicates they have satisfactorily completed similar projects for the City of Newport Beach as well as other municipalities. This project involves upsizing an existing 4 -inch sanitary sewer force main to 6- inches to allow for better hydraulic capacity for the pump station. The force main handles flow for Cameo Shores and Pelican Point and extends on Milford Drive between Camden Drive and Hampden Road. During peak flows the existing 4 -inch force main impacts the capacity of the pump station. In addition, access road modifications to allow the City's larger equipment to access the pump station and a new discharge manhole at the terminus of the new force main are also proposed improvements. Per the Contract Specifications the Contractor will have 45 consecutive working days to complete the work from the notice to proceed. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act . (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines at the time the project was authorized by the City Council. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. Funding Availability: Funds in the amount of $145,000 are currently available within the FY2003/04 Cameo Shores Force Main project account. Staff is recommending a Budget Amendment to transfer money from the Wastewater Maintenance and Operation accounts to this CIP in lieu of un- appropriated Wastewater Fund Reserves. The attached budget amendment will utilize anticipated surplus from the following accounts: 1. $10,000.00 of the $15,105.38 balance of the Sewer Access Road Maintenance 5600 -8186. 2. $11,865.69 of the $16,807.69 balance of the Sewer Lateral Maintenance 5600 -8187 3. The entire $28,000.00 balance of the Sewer Manhole Maintenance Program 5600 -8188. u • Subject: Cameo Shores Sew• orce Main Replacement — Award of Contract• 3646 January 13, 2004 Page: 3 Upon approval of the recommended budget amendments, the required funds will be available in the following account: Account Description Sewer Main Replacement Prepared by: Sean Crumby, P.E Associate Civil Engineer Attachments: Project Location Map Bid Summary Budget Amendment f: \usem\pbw%shared \council \fy03- 04\jan -13 \cameo shores - award- c3646.doc Account Number Amount 7531- C5600728 $194,905 Submitted by: hen G. Badum is forks Director L a °o E c � U i om N o` Ill • d �w t .. H O Q O w Z 0 O Z � Q E ~ t V9WU W F? w i - O z cc O w a 0 0 111 0 0 Q o O 0 O 0 o 0 0 0 0 O 0 o 0 W 0 0 0 0 0 0 00 o O m 0 0 0 S 0 0 0 0 0 U 0 0 0 Z U o O m 0 0 0 0 m M O O O w 0 0 y 0 w Y y Moomain O W U inov�noom 2 _ V O O U N m M Z LLI O Q A � oQ M 2 W o m E 6 Q m m �a W Oo O a LU 0 Z 0 L 0 0 0 0 0 0 0 0 0 0 0 0 0 J 0 0 0 0 U in 0 a a °o E c � U i om N o` Ill • d �w t .. H O Q O w Z 0 O Z � Q E ~ t V9WU W F? w i - O z cc O w a O Z N n W w Y N a N �b M V h 4 m 8 3 N 0 0 0 0 0 0 0 o o O 0 O 0 o 0 0 0 0 O 0 o 0 0 0 0 0 0 0 0 0 00 o O 0 0 0 6 0 0 0 0 0 0 0 0 0 Z o o O m 0 0 0 0 m M O m O m 0 0 0 0 Moomain tn inov�noom O O m N m M A 6 Q O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N 0 0 0 0 Z V' N O O N m N M N �z O" 4 M O O O O O O O O O O O O O O O O o 0 0 O O O O N m 0 0 0 0 0 0 V' 0 0 0 0 R. 0 6 0 N th 0 0 0 6 0 0 6 0 0 0 6 0 Z Z m 0 V 0 M I� N 0 O O O O m m n m N O N 0 0 N 0 Z) N N N M O N^ N O V m m N (V m O M M N M N N ro M M N N N � O N M m m 2 Q y O F- mo.-MC < �M mMmmm o ino om N N N N 6,4 m M N o O o O o 0 0 0 o O o o O o 0 0 o o O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 �ooaO�OOOogoag000000 zaavo�NOOO O V m 1� O M m m N O N 0 OOOOQO N M m m N N C •- tV m Q c7 M IV N N fV r O � N O J Q. 0 U O '0" 0 0 0 0 0 0 0 0 0 o O 0 0 0 O o 0 0 0 m O o 0 0 0 g 0 0 0 0 0 0 U F" 00 °o N o o ' r - °o m °o oO °o °0 Zov ter- mm M 00.- 060 MmmNin 0 N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 z Z 0 O 0 O 0 m 0 O> C v O o i0 0 m 0 m 0 m 0 m 00 O O O m O 0- o 0 O 0 O 0 O 6 O O tp N N NO O N m N O M< E O W Q d 0 0 0 0 O o 0 0 0 0 o o O o 0 0 0 0 0 c F- o 0 6 00000dv 0 0 0 o u ui O O 0 0060000000 0 O o 0 0 0 0 0 0 w z o 0o O M o m m m N 0 Moo 0 o c O O o 0 000 0 0 O O cV J J J J J 0 0 W (n y y J W W W J W J J F}- " N N Q N' n N R N N O W d J N N � u E w 0 5 t Z t x 3 � m 0 o> L o °' d 0 <CL< m pa n m iii U > a V m m CL a r u 2¢ `w 2 a�i i t0 m t/7 w m� d Ocmcmm w E CO na> .T m O o E c > d�'- vOQ�m Zw� c o a�i O fY bin c U E a o o U E c Co 0` w Y a m a m a t c° m F a> c o d U m 0 O U 0 U U> U Q N U >> fD OD 2 >—> Sc J 0 2 2 a 2 0 0 E E E o a A �° c o E c c c c c I> xws 0Ivw °000L)U =va`a � � N M O N m f� m O O � N M O Z N n W w Y N a N �b M V h 4 m 8 3 N c i u LL 0 L N d E U W J r r. T E °o E o � v a U M o � U w V1 ui W U' Z W Q UHF- a W U F- LU W r?� Z U'O 0wa Is w N N A m Q N a 0 N b V w v 0 C 3 N o o o 0 0 o 0 0 o o 0 o$ 0 o o 0 0 o 0 o o o 0 0 0 0 0 o o 0 0 o o o r Z o 0 0 0 0 0 0 . 0 0 0 66 0 0 00 0 0 0 m 0 0 0 0 0 0 N 0 O 0 N 0 Q 0 O N 0 O o t0 N M 0 O 0 O 0 p� o O O O O o O O O O O M N IA r (V � C6 .- O M N N- N< O � p� •- M Q M m O 4 U m E d o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0$ 0 o 0 0 0 0 0 L D 0 0 o 0 0 0 N I N O N O O N O O O O o = 0 0 O O N A O O Q O p 0 C 0 O O N � Q O M (n ? (V (V Q O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 x 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 '. Z O O O O N O 0 0 0 0 0 0 0 0 0 0 OO 0 0 0 O N IQ O V O O LQ d 0 0 O V O 0 no ti O N M %1 M MM N h O c+i 1� n N p a a m ¢ O O O O O O O O N O O O O O O O O O O O O M O N N h t� M fV 0 0 0 0 0 0 0 0 0 r O O N O N A 0 0 0 N O 0 0 0 0 Q Z N i N O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O o o r o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 g z00000�000000000000� LO oM o a_L0>uo rnov ° -°o °Io�Il��n OdoieMo� con �M.- v° a��c�ia v iriM m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 0 0 0 0 0 o N o 0 0 0 0 0 0 0 0 0 0 0 0 0 fV 0 0 tV M M I� t0 0 0 0 (V O O O O pp ZN O M M M M V N Q - N Q M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 Z Z N W N M O O O O N A 0 O 0 O 0 O 0 O 0 O O 0 O 0 O 0 0 O 0 N 0 pp 0 O 0 N O1 N N A Q m O O O N W O ml -- �- at W N O N N A M m C ¢ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 w 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 T H M O N K (V O N 0 0 0 0 0] O O Oa O O 0 N N M O N A n o n N 0W O a N O N U � Q N w LL¢ LL LL LL LL LL LL a¢¢ LL¢ 0 (n N N J J J W J J w 0 w J w W W J W J J J J H A O a N N a N N N m 7 N m � c V E C p j L p m 3 LLm E 8 0 t g B w t > = m a a a a z¢ o Q U a> U a ` m S U m .6 y � a m L` E N U m v E> c 3 c c H y .= .m wo o d m o O c4LL L o E O')f c o y m y U >4)aca cc0p E o o E'K w�> a r a°. a=im N p U >> �_ 2>> 2 N 2 v 2 c>o.0 n' 2 F` iE E E m E E `�p" 9 O a 9 c c c c '9 c >> `Erw ==ci 0UM000UU 0m(Li w W A N M Q VJ cp A aD O� O W N M Q N tp A a0 O) F- w N N A m Q N a 0 N b V w v 0 C 3 N jity of Newport Beach* BUDGET AMENDMENT 2003 -04 CT ON BUDGETARY FUND BALANCE: increase Revenue Estimates Increase Expenditure Appropriations X Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: NO. BA- 022 AMOUNT: 849,865.69 Increase in Budgetary Fund Balance. AND Decrease in Budgetary Fund Balance X No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To transfer budget appropriations to provide for Cameo Shores Sewer Force Main Replacement, Contract 3646. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description REVENUE ESTIMATES (3601) 0 Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Description Amount Debit Credit Division Number 5600 Wastewater Account Number 8186 Sewer Access Road Maintenance $10,000.00 Division Number 5600 Wastewater Account Number 8187 Alley Lateral Replacement Program $11,865.69 Division Number 5600 Wastewater Account Number 8188 Sewer Manhole Maintenance Program $28,000.00 Division Number 7531 Sewer Main Replacement Account Number C5600728 Cameo Shores Sewer Force Main Replacement ' Automatic System Signed: Fi ancial Approval: Administrative Services Director *,� `f' Signed: , b Administrative Appr al: City Manager Si*City Council Approval: City Clerk $49,865.69 Date Date Date I� (Wy of Newport Beach BUDGET AMENDMENT 2003 -04 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations X Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: NO. BA- 022 AMOUNT: $as,ass.ss Increase in Budgetary Fund Balance AND Decrease in Budgetary Fund Balance NX No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To transfer budget appropriations to provide for Cameo Shores Sewer Force Main Replacement, Contract 3646. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund /Division Account Description Description Amount Debit Credit EXPENDITURE APPROPRIATIONS (3603) Description Division Number 5600 Wastewater Account Number 8186 Sewer Access Road Maintenance $10,000.00 Division Number 5600 Wastewater Account Number 8187 Alley Lateral Replacement Program $11,865.69 Division Number 5600 Wastewater Account Number 8188 Sewer Manhole Maintenance Program $28,000.00 Division Number 7531 Sewer Main Replacement Account Number C5600728 Cameo Shores Sewer Force Main Replacement $49,865.69 ` Automatic System Entry. Signed: �! �°� 02,E Signed: Signed Administrative Services Director City Council Approval: City Clerk Date Date Date is : � • CITY OF NEWPORT BEACH CITY CLERK 3 NOTICE INVITING BIDS Sealed bids may be received at the office of the City C`tGT ,---- 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915 until 10:00 a.m. on the 18th day of December 2003, at which time such bids shall be opened and read for CAMEO SHORES FORCE MAIN REPLACEMENT Title of Project Contract No. 3646 $201,000 Engineer's Estimate �phen G. Badum is Works Director 0�� Ne. �aJa�\e ae� 5Vr o �peacr P 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 License required for this project For further information, call Sean Crumbv, Project Manager at (949) 644 -3311 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CAMEO SHORES FORCE MAIN REPLACEMENT CONTRACT NO. 3646 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 CAMEO SHORES FORCE MAIN REPLACEMENT CONTRACT NO. 3646 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in 3 substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 75535fn O La-w A'f Contractor's License No. & Classification GC= GnsErue nIA .die. Bidder Autho zed Signature/Title F Oy /U SPC t —irdtO- Date C! CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CAMEO SHORES FORCE MAIN REPLACEMENT CONTRACT NO. 3646 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF THE AMOUNT OF THE BID Dollars ($ 10% OF. BID ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of CAMEO SHORES FORCE MAIN REPLACEMENT, Contract No. 3646 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 16th day of DECEMBER, 2003 GCI CONSTRUCTION, INC. Name of Contractor (Principal) Author' ed Signature/Title Se.ellu FIDELITY AND DEPOSIT COMPANY OF MARYLAND / Name of Surety Authonzed Agent Signature �, 801 N. BRAND BLVD., STE PENTHOUSE GLENDALE, CA 91203 Address of Surety (818) 409 -2800 Telephone SHAWN BLUME, ATTORNEY -IN -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT >'.?4 �.5`Z:4;� ^<'4ti5- G<4'�S . +''=- ,N- -�< . <S k�� "� " �5��. _. ". �. �ti�'. .. •: `.fr �. - _� "�-� <_ -'�. I State of California y ss. County of Orainu� On 'Ue• 1,f. X0 , before me, Ii&l7; C _ussP ( -Ah* 4mA/0h*(L Dale _ Name and TUe of Officer (e g., 'Jane Doe, ary Public") personally appeared JANET L. RUSSELL Commission i 1335385 Notary Public - Cefffomfa Orange County 7 MyComm.[q*wDec21,2005 Names) of Si9mab,) 'A/Personally known to me J proved to me on the basis of satisfactory evidence to be the person(ej whose name(sj is /ace subscribed to the within instrument and acknowledged to me that helske /Uaey executed the same in his /4er/t4eir authorized capacity(joe), and that by his /k;er /tttetr signature(ej on the instrument the person(s. , or the entity upon behalf of which the person(s,� acted, executed the instrument. WITNESS nm�y� hand and official seal. Place Notary Seal Above Signalere of Ncl%V4.Pyblic OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: - Capacity(ies) Claimed by Signer Number of Pages: Signer's Name: _ LJ Individual Top aY thumb Sere Corporate Officer — Title(s): _ Partner —:_; Limited :_ General Attorney in Fact G Trustee L Guardian or Conservator I ; fJ Other: - -- - -- --------- - ----- Signer Is Representing: —� 0 1999 National Notary Associalion • 9350 be Solo Ave. PO, Bo, 2402 • Chatswonn. CA 913112402 • xuv+,nati Anolary,vm Nue, No, 5907 Reunier. Ca0 Toll-Free P800- 1376,6827 • 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of RIVERSIDE On 1 _-! 1601 &> , before me, R. STANDLEY , Date Name and Title of Officer (e.g., "Jane Doe. Notary Public') personally appeared SHAWN BLUME Name(e) of Slgnegs) R. S'rANDLEY CGM110. W1263272 9 n! v NOTARY PUSLIC - CALIFORNIA R)VEnS1i)E COUNTY My Comm. Eapiros June 7, 2004 x personally known to me proved to me on the basis of satisfactory evidence to be the perso W whose name ,(K Waft- subscribed to the within instrument and acknowledged to me that hefls4e4iH executed the same in his /ijerkhttF authorized capacity(ies}, and that by hisl4efA4eirr signature(s�ron the instrument the person(*, or the entity upon behalf of which the person(( acted, executed the instrument. WIT SS my hanAand ic ial seal. Place Notary Seal Above Signature of Notary blic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: '- Individual Top of thumb here L Corporate Officer— Title(s): L' Partner — C Limited ❑ General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: 1999 National Nolary Association- 935008 Soto Ave. PO Bo.2x02•LM1atswonM1CA91913Q102 •www.cauonalnotaryorg Protl. No. 5907 Reoola, Call TolbFla. 1.800-876 6827 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: P.O. BOX 1237, BALTIMORE, MD 21203 -1727 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by W. B. WALBRECHER, Vice - President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Shawn Blume, of Riverside, California, its true and lawful agent and Attomey -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings and the execution of such bonds or undertakings in pursuance ese presents, e as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and ackn d by there elected officers of the Company at its office in Baltimore, Md., in their own proper persons. The said Assistant Secretary does hereby certify that the extract set f the revers ereof is a we copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant h ubscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLANPIst day of�, A.D. 1998. ATTEST: FIDELITY AND C -SEALS ./- T. E. Smith As Stare of Maryland ss:� Counry of Baltimore 1TLY OF MARYLAND By: ��Qtey1 W. B. Walbrecher Vice - President On this 21st day of January, A.D. 1998, before the su�ciif> , a Notary Public of the State of Maryland, duly commissioned and qualified, came W. B. WALBRECHER, Vice- President and T. E. SMITH rant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and office bed in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swo Ily and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preced'rir�' strument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures w such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. # ° �xwrn�v' Car /J F ad� � blic Nory P My C emissExpis August 1, 2000 CERTIFICATE 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attomey of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this cenificate; and I do further certify that the Vice - President who executed the said Power of Attomey was one of the additional Vice - Presidents specialty authorized by the Board of Directors to appoint any Anomey -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Anomey and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May, 1990. RESOLVED: "Thar the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of anomey issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this Ikf day of 1), '�urmr.''L. Assismm Secretary L1428- 012 -0629A EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice- President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice- Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages, ... and to affix the seal of the Company thereto." A.M. Best's Rating for Fidelity a:Deposit Company of Maryland • Page 1 of 1 00387 - Fidelity and Deposit Company of Maryland Member of Zurich Financial Services Group A.M. Best #: 00387 NAIC #: 39306 View a list of group members or the group's rating Best's Rating a BE.S. T A (Excellent)* ru M. Financial Size Cateaory A XV ($2 billion or more) *Ratings as of 12/18/2003 12:20:20 PM E.S.T. Rating Category (Excellent): Assigned to companies that have, in our opinion, an excellent ability to meet their ongoing obligations to policyholders. Important Notice: Best's Ratings reflect our opinion based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet strength, operating performance and business profile. These ratings are not a warranty of an insurer's current or future ability to meet its contractual obligations. View our entire notice for a complete details. Companies interested in placing a Best's Security Icon on their web site to promote their financial strength may register online. Copyright © 2003 by A.M. Best Company Inc. ALL RIGHTS RESERVED No part of this information may be distributed in any electronic form or by any means, or stored in a database or retrieval system, without the prior written permission of the A.M. Best Company. Refer to our terms of use for additional details. http: / /www3. ambest .com/ratings /rating.asp ?AMBNum = 00387 &Refnum = 00387 &Site =ra... 12/18/2003 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CAMEO SHORES FORCE MAIN REPLACEMENT CONTRACT NO. 3646 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 Total Bid u t� &W-ConteNumber Name: wbc� (ue. + -7- � �.SC% 1 11 �(� (/ 16 Address: &�/Qn� 1 �' Phone: State License Number: Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: 80,= b- o-(R166V(,SYI�. Bidder utA ho zed Sii gn ature/Title 6 tW T rrzi,D CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CAMEO SHORES FORCE MAIN REPLACEMENT CONTRACT NO. 3646 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. G C I CONSTRUCTION, INC. 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 Hoag Lower Level Central Plant- Cogen; Site Utilities Job No. 155 Project Description site Utilities Improvements Approximate Construction Dates: From 8/03 To: In progress Agency Name Hoag Memorial Hospital / DPR Construction, Inc. Contact Person James Easley Telephone ( 94� 574 -4467 Original Contract Amount $ 1.914 . Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) In progress 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. 2 Project Name /Number Euclid Street Improvemnts @ State Route 91 Job No. 149 Project Description Street Improvements Approximate Construction Dates: From 11/03 Agency Name Contact Person City of Fullerton Yelena Voronel To: In progress Telephone (714) 738 -6350 Original Contract Amount $ 984,380 Final Contract Amount $ TBD If final amount is different from original, please explain (change orders, extra work, etc.) In progress 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 No. 3 Project Name /Number Project Description Urban Storm Water Runoff Treament Project Install Storm Water Runoff Approximate Construction Dates: From 8/03 To: In progress Agency Name City of Huntington Beach Contact Person David Verone Telephone (114) 375 -8471 Original Contract Amount $L4 Final Contract Amount $ In progress If final amount is different from original, please explain (change orders, extra work, etc.) In progress 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 No. 4 Project Name /Number Foothill & Harranca Distribution Main Project Job No. 147 Project Description Distribution Main Improvements Approximate Construction Dates: From 7/03 To: 12/03 Agency Name City of Azusa Contact Person Chet Anderson Telephone 026) 812 -5208 Original Contract Amount $ 494,167 Final Contract Amount $ 545, 527 If final amount is different from original, please explain (change orders, extra work, etc.) Change Orders 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 No. 5 Project Name /Number Project Description UCLA South West Campus Housing Job No. 134 Storm Drain, Sewer, Fine Grade Improvements Approximate Construction Dates: From 3/03 To: In progress Agency Name Gordon & Williams Contact Person Dennis Arguelo Telephone (310) 824 -1076 Original Contract Amount $1,289,985 Final Contract Amount $ TaD If final amount is different from original, please explain (change orders, extra work, etc.) In proqress 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 E No. 6 Project Name /Number Project Description 9 0 Barth CreEk Storm rain Diversion Storm Agin Diversim 7rprove mts Approximate Construction Dates: From 5/03 Agency Name City of Lana Foint Contact Person Datt S; Cori 9/03 Telephone (949) 298-3575 Original Contract Amount $ 639,168 Final Contract Amount $ 713,267 If final amount is different from original, please explain (change orders, extra work, etc.) C]nm ie C rda_rs 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. Nb 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. Bidder utho zed Signature/Title Foy I14JAff, `G: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CAMEO SHORES FORCE MAIN REPLACEMENT CONTRACT NO. 3646 NON - COLLUSION AFFIDAVIT State of California ) ) SS. County of _) bein first duly s orn, deposes and says that he ar-@he is of[%w1�i71'(A'�` 16f'I aAQ •, the party making the foregoing bid; t at 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. CAS (b�flsfYc.�f611,� . Bidder Autho zed Signature/Title Subscribed and sworn to before me this 1%4*— day of hQWM&r .71X3 ,- 2964.,►p- (�� [SEAL] ary Public JANET L. RUSSELL Commission i 7335366 My Commission Expires: &L . �� z Notary Public- CalUOmis Orange County lomyrorer, Exec Dec2f, 2006 11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CAMEO SHORES FORCE MAIN REPLACEMENT CONTRACT NO. 3646 DESIGNATION OF SURETIES 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): 1 Ara o01X -, OA 928&7 IVA -038z CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CAMEO SHORES FORCE MAIN REPLACEMENT CONTRACT NO. 3646 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL 1 MI_ �) IM IL_ .a �i1 N Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Current Record Record Record Record Record Year of for for for for for Record 2002 2001 2000 1999 1998 Total 2003 No. of contracts 3 5(p 32- 1 18 Total dollar Coontractsf (in 13.814 13,7M 13.OM 13.911 7.5M -71K &7- ;7M Thousands of $ No. of fatalities © O O 0 Q G Q No. of lost Workday Cases o 0 Q O No. of lost workday cases C7 O Q involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Legal Business Name of Bidder (gra=Q2115�1rU�i6(� Business Address: 244E"r-Csaka S8 Business Tel. No.: / Q5-7 State Contractor's License No. and n Classification: Z5535�O d hSS Title c —eUrcV jC;R*rLaeriXin The above information was compiled from the records hat area ilable to me at this time and I declare under peppIty of perjury that the information is true and accurate within the limitations of thos records,, Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California l �rdC1l�J } ss. County of J On Q I7 before me, Date I personally appeared JANET L. RUSSELL Commission S 1335M i Notary Public- CoUfomla S� Uranpe County MyCm*�+ t:mire.oecz1,z005 Cepersonally known to me O proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) id /are subscribed to the within instrument and acknowledged to me that tae /she /they executed the same in 1:, s her /their authorized capacity(ies), and that by Ais /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITN my handandd ;Q �,�l Place NO[Ary Seal Above Slgnalure of Notary Oblic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: C Individual Top of thumb here G Corporate Officer— Title(s): C Partner Limited C General C Attorney in Fact C Trustee EI Guardian or Conservator C Other: Signer Is Representing: C 1939 Natty al Nolary A §sotlmwn • 9350 O Solo Are., P.O. 6 x 2402 • Chatswonn, CA 913132402 • w naticnalnotary.org Prof. No. 5907 Raodar: Call TdbFree 1 .ZM0 87&6821 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CAMEO SHORES FORCE MAIN REPLACEMENT CONTRACT NO. 3646 ACKNOWLEDGEMENT OF ADDENDA The bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Signature 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CAMEO SHORES FORCE MAIN REPLACEMENT CONTRACT NO. 3646 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: (=LCDYlS1Tt9/l ..Nl� . Business P&dwrPk,aw.1B3 Telephone and Fax Number: California State Contractor's License No (REQUIRED AT TIME OF AWARD) and Class: - 7'5535 O 0-46-55& uA" Original Date Issued: I %48 Expiration Date: /0104 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 Telep 4 11 Corporation organized under the laws of the State of aall iDmid 16 to 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; you ever had a contract terminated by the owner /agency? If so, explain. Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labo compliance (i.e. failure to , pay prevailing wage, falsifying certified payrolls, etc.)? Yes ` v% Are any claims or actions unresolved or outstanding? Yes No 17 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. E..- Terri D,Gi'lkspie.-1'i)srhpt�- (Print name of Owner or President of Corporation /Company) Author ed Signature/Title ►r�.su►�er -- Title Subscribed and sworn to before me this 1 °day of Z�Wf ,289-'_u_p [SEAL] ' JANETI ?RUSSELL Con;missioni 1335385 i Notary Public - calftmia (%rany9 COUnIy ( AAy r .�... 7',vim6 DOC21, 2006 ! it] CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CAMEO SHORES FORCE MAIN REPLACEMENT CONTRACT NO. 3646 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property- Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 19 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CAMEO SHORES FORCE MAIN REPLACEMENT CONTRACT NO. 3646 CONTRACT i THIS AGREEMENT, entered into this" day of 2004, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and GCI 06nstruction, Inc., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: CAMEO SHORES FORCE MAIN REPLACEMENT Project Description 3646 Contract No. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3646, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 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 one hundred seventy-seven thousand, nine hundred five and 001100 Dollars ($177,905.00). 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: Sean Crumby (949) 644 -3315 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: CONTRACTOR GCI Construction, Inc. 245 Fischer Avenue B -3 Costa Mesa, CA 92626 714-957 -0233 714 - 540 -1148 Contractor, by executing this Contract, "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 0 0 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. PA 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self - insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 23 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from 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 0 0 K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: C� 0i c� CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY 25 CITY OF NEWPORT BEACH A Municipal Corporation By: Mayor GCI CONSTRUCTION, INC. Authori ACORO' +CERTIFICATE LIABILIfiY IISi1R�41V;CE Date lmm,dd /yy, ?fO r 714 289 -7676 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Seltzer Insurance Service ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. 1524 East Mayfair Avenue THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE Orange, CA 92867 COVERAGE AFFORDED BY THE POLICIES BELOW. Company Lexin gton Insurance Company A ATC Company Interstate Indemnity Company Insured GCIC002 -COS B GCI Construction, Inc. CMET Inc. Company National Union Fire Insurance Co. Pacific Equipment, L.L.C. C ATG 245 Fischer Ave. Suite B -3 Company D = State Compensation Ins Fund cinata CA 92929 D -_ Vi rpman r GOY81 AG `. Y. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY 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 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY POLICY CO LTA TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS DATE DATE ENERAL LIABILITY General Aggregate A Commercial General Liability 1323773 04/01/03 04/01/04 Products Complete40ps A e Claims Made 00ccur Per sonal & AJveniury Owner's & Contractor's Protective Each Occurrence 5 Per Proi Agg Fire Damad irmy XCU Medical Ex use I ersan) 5 AUTOMOBILE LIABILITY B Any Auto BA6122358 04/01/03 04/01/04 Combined Single L e All Owned Autos Bodily Injury Scheduled Autos (per person) 3 Hired Autos Bodily Injury Non -Owned Autos {per accident? COTn- o T T D d $ 1,000 - Property Damage GARAGE LIABILITY Auto Only Eacg Accident e Any Auto Other Then Auto Only _.. ...... .. Each Accident A ra ate XCESS LIABILITY Each Occurrence C Umbrella Form BE2897789 04/01/03 04/01/04 A9 re ate a 1,000,000 Other Than Umbrella Form D WORKERS' COMPENSATION EMPLOYERS' S'LIABILITY statmory Limit Other £3 _.... 046- 13132 -03 03/17/03 03/17/04 ELEach Accitlent he ' ato' The iuslEx.c. Pan E no"xecutive lad EL Disease - Policy Limit 5 Officers are EX0 EL Oisease-Ea Employee is 71 noD. pop OTHER E M / Equipment MXI98401780 04/01/03 04/01/04 ch Limit $ 770 000 eased /Hired /Ren imit $100,000 /1,000 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /SPECIAL ITEMS City, its officers agents, officials, employees and volunteers are to be amed as Additional Insureds as per attached endorsement and with respects to work performed on Project: Cameo Shores he City Force Main Replacement located in of Newport Beach, CA. Insurance shall be primary & non - contributory. giver of Subrgation to be included. Contract No. 3646 GCI Job #162 CERTfFiCATE }1OLOEk ? CAiUGELLATION . 40 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL E� MAIL 3 0' DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE City Of New Beach LEFT, Public Works Department 3300 Newport Boulevard Newport Attn: Sea Beach, 92663 ut outs epresenteI ve / a ACOAb BYS InyarasICe 1(iiWRa ,In4 g �.. CtiRpggATtl)tJ 19$8 GC/ Construction, Inc. 0 • POLICY NUMBER: 1323773 COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES, OR CONTRACTORS (FORM B) This Endorsement Modifies Insurance Provided Under The Following: COMMERCIAL GENERAL LIABILITY COVERAGE PART: SCHEDULE NAME OF PERSON OR ORGANIZATION: City of Newport Beach Public Works Department Its officers, agents, officials, Employees and volunteers PROJECT: Cameo Shores Force Main Replacement In Newport Beach, CA. Contract No. 3646 If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of `your work" for that insured by or for you. IT IS FURTHER AGREED that such insurance as is afforded by this policy shall be primary insurance and no other insurance of the Additional Insured shall be called upon to contribute a loss. CG 20 10 11 85 COPYRIGHT, INSURANCE SERVICES OFFICE, INC. 1984 01/30/04 FRI 11:39 FAX 714 540 1148 CCI CONSTRUCTION INC. STATE P,O. BOX 420807, SAN FRANCISCO, CA 94142 -0807 COMPENSATION FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE GROUP: 000046 POLICY NUMBER: 13132 -2003 City of New Beach CERTIFICAI E l0: 41 CERTIFICATE EXPIRES: 03 -17 -2004 Public Works Department 03- 17- 2003/03 -17 -2004 3300 Newport 8auclvard Newport Beach, CA 92663 JOBI Cameo Shores Force Main Replacement #3646 This is to certify that we have issued a valid Worker's Compensation Insurance Policy In a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This pulicy Is not subject to cancellation by the Puna except upon 30 days advance written notice to the employer. We wlll also give you 30 days advance notice should this policy be cancelled prior to its normal expir001i. This certificate of insurance is not an Insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies dcacriba4 herein is subject to all Elie tvnns, eacluslons, and conditions, or such policies. AurllartMeo sePReseen'nnvs vnsstmsr e. 61A EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVVOI -15 -04 IS A'1"IACZSD TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF NEWPORT BEACH &4DORSSMFXT 9ZO65 ENITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01 -15-04 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT *2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 01 -1S -U4 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OP NEWPORT BEACH emxol'ER PACIFIC EQUIPMENT, LLC AND /OR AND /OR CCI CONST'RUCSION, INC AND /OR AND /OR CME CORP AND /OR AND /OR wNC, INC 245 FISCHER AVE STE H3 COSTA Mg•SA CA 92626 Z002 5C{F l�l A� Imly earliriwle o II RINT D: 01.20.a P r rnu Dae a ainl W]brtnOR hot rcadz'OFPICIp� 5r4ie FuNO DOCUMENr' PACE 1 OF I Jan 23 04 04:40p Brown & Brown 7 123 -1872 Fax #: "I' L(�P_ 3 3 / CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: -") 2 'D Dept. /Contact Received From: Date Completed: - (o Sent to: Company /Person required to have certificate: I. GENERAL LIABILITY II. p.1 A. INSURANCE COMPANY: Z e j6 (lGpuy�) LYI'rp- C-t). _ B. AM BEST RATING (A: VII or greater): j} fi,' Iry C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? [Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? 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? WYes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): is it included? [ res ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not l limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes No 1. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: B. AM BEST RATING (A: VII c C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Yes No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Yes ❑ No F. PRIMARY & NON- CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? n/0-ED Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 111. WORKERS' COMPENSATION A. INSURANCE COMPANY: B. AM BEST RATING (A: VII or greater): ._ _ y {j r C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ❑ Yes �fNo HAVE ALL ABOVE REQUIREMENTS BEEN MET? /1 l�j� Yes ❑ No IF NO, WHICH ITEMS NEED TO BE COMPLETED? L_% C- U i !lam i. )/A. l� ✓ CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL CAMEO SHORES FORCE MAIN REPLACEMENT CONTRACT NO. 3636 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. 3646 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization @TWQiC MAMYdDollars nn and 1►p Cents Per Lump Sum 2. Lump Sum Traffic Control @ & X ed Dollars and d0 Cents Per Lump Sum 3. 220 L.F. Remove Interferring portions of Existing 4" PVC Force Main @ TLLie -) tC Dollars and no Cents Per Linear Foot $ /Z.od $ 1040.00 $ 51400 00 $ ZOO` ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 1 EA Remove Manhole and Backfill with cement slurry backfill @Vx Wten 1CxLJtMDollars and fia Cents $ lt700,00 $ 11- moo Per Each 5. 1715 L.F. Install 6" Yellowmine Qi CC Si k'ktr `t71 Dollars �3 00 /08104570() r1 and "j `0 Cents $ $'TCl Per Linear Foot 6. 24 L.F. Install 8" PVC Sewer � �k i1A @NLllllPb�1�9'i�f� YWollars n and l80,°O 41320.00 (0 Cents $ Per Linear Foot 7. 9,000 S.F. Construct 5' Minimum Trench Resurfacing 0t'Ut- @ JR- Dollars o0 and �t-►�- Cents $ $ Per Square Foot 8. 500 S.F. Remove and Reconstruct AC Pavement @ �2Dollars O6 00 flA and Cents $ -64R.�J12- $ Per Square Foot 9. 200 S.F. Cold Mill and Overlay AC Pavment @ iIo=) Dollars and tw Cents $ (1,00 $ Z,2W 00 'Per Square Foot ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 40 L.F. Remove and Reconstruct AC Dike per CNB STD - 183 -L. @ lrl-RQ Dollars and Cents $ Per Linear Foot 11. 2 EA. Adjust Manhole Frame and Cover to Grade @ 51 Dollars and Cents $ 4000• °tl $ 11 =1r o Per Each 12. 1 EA Construct 60 -inch SSM}J-1 Rut @ df ollars �" and 5j0OO,°0 S�QpU,00 U1 Cents $-? $ Per Each 13. 1 EA Connect to existing SS Drop Manhole @ q hao4tdkollars and Cents $ A106 Pc $ .21100•°0 Per Each 14. 20 L.F. Construct Type A PCC and Gutter @ Sly(! Dollars and �9 Cents $ W01, $ %2�• °O Per Linear Foot 15. 1 EA Construct Driveway Approach I �,(t�f``t7UJUJCMfU Dollars ',w 1I �0 00 and I (te Cents $ Per Each 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. Lump Sum Install IPavement Striping ✓( hW&)`tV Dollars and �0 Cents $ dim $ Per Lump Sum 17. Lump Sum Construction Surveying @ f? hL *&d Dollars ^ and lb Cents $ ad $ °O Per Lump Sum 18. Lump Sum Provide Trench Excavation Safety Measures @ -rwo ILardre Dollars and Cents $ 2M • O0 $ Per Lump Sum 19. Lump Sum Provide As -Built Drawings @�4u�ndrel Dollars /► and ka Cents $ � $ SW 00 Per Lump Sum TOTAL PRICE IN WRITTEN WORDS and _�6 Cents l _!j . Date (714)457.OZ33�}axf714�54E1 /l¢8 Bidder's Telephone and Fax Numbers "1n53530 &Qss ''AI,' Bidder's License No(s) and Classification(s) 0 $ I Tl, q65 , od Total Price (Figures) BLS Q2IIJ'Fi(gyic9�l, Bidder 249S Bidder's Address Last saved by srookst 1/24 /2003 5:10 PM f:\ users \pbwls red \contracts\masters \CAMEO SHORES FORCE MAIN REPLACEMENT.doc nature and Title m .85 9 0 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 1 1 1 1 2 2 2 2 2 2 2 2 2 3 3 3 3 3 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS CAMEO SHORES FORCE MAIN REPLACEMENT CONTRACT NO. 3646 INTRODUCTION PART 1--- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -2 PROTECTION 5 -7 ADJUSTMENTS TO GRADE 5 -8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 1 1 1 1 2 2 2 2 2 2 2 2 2 3 3 3 3 3 4 r 6 -7.1 General 4 6 -7.2 Working Days 4 6 -7.4 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 5 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 6 7 -10.3 Street Closures, Detours, Barricades 6 7 -10.4 Public Safety 7 7- 10.4.1 Safety Orders 7 7 -10.5 "No Parking" Signs 7 7 -10.7 Notices to Residents 7 7 -15 CONTRACTOR'S LICENSES 8 7 -16 CONTRACTOR'S RECORDSIAS BUILT DRAWINGS 8 SECTION 9 MEASUREMENT AND PAYMENT 8 9 -3 PAYMENT 8 9 -31 General 8 9 -12 Partial and Final Payment 11 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 11 201 -1 PORTLAND CEMENT CONCRETE 11 201 -1.1.2 Concrete Specified by Class 11 201 -2 REINFORCEMENT FOR CONCRETE 11 201 -2.2.1 Reinforcing Steel 11 201 -5 CEMENT MORTAR 11 201 -5.6 Quick Setting Grout 11 SECTION 207 PIPE 11 207 -21 PVC "YELOMINE" PLASTIC PIPE 11 207 -21.1 General 11 207 -22 PVC PLASTIC PIPE WATER MAIN 12 207 -22.1 General 12 207 -22.2 PVC Plastic Pipe for Water and Other Liquids 12 207- 22.2.1 General 12 SECTION 214 PAVEMENT MARKERS 12 214 -4 NONREFLECTIVE PAVEMENT MARKERS 12 214 -5 REFLECTIVE PAVEMENT MARKERS 12 SECTION 215 STORM DRAIN FILTERS 12 215 -1 GENERAL 12 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 12 300 -1 CLEARING AND GRUBBING 12 300 -1.3 Removal and Disposal of Materials 12 300 -1.3.1 General 12 SECTION 302 ROADWAY SURFACING 13 302 -5 ASPHALT CONCRETE PAVEMENT 13 302 -5.1 General 13 302 -5.4 Tack Coat 13 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 13 302 -6.6 Curing 13 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 13 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 13 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 13 303 -5.1.1 General 13 303 -5.4 Joints 14 303 -5.4.1 General 14 303 -5.5 Finishing 14 303 -5.5.1 General 14 303 -5.5.2 Curb 14 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 14 308 -1 GENERAL 14 SECTION 310 PAINTING 15 310 -5 PAINTING VARIOUS SURFACES 15 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 15 310 -5.6.7 Layout, Alignment and Spotting 15 310 -5.6.8 Application of Paint 16 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 16 312 -1 PLACEMENT 16 PART 4 SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT 16 CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIALS 400 -2 UNTREATED BASE MATERIALS 16 400 -2.1 General 16 400 -2.1.1 Requirements 16 • • SP1OF16 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS CAMEO SHORES FORCE MAIN REPLACEMENT CONTRACT NO. 3646 INTRODUCTION All work necessary for the completion of this contract shall be done in accord with (1) these Special Provisions; (2) the Plans (Drawing No. S- 5199 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1994 edition), including Supplements; (4) Standard Specifications for Public Works Construction (1997 edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of placing 6 -inch sewer force main, removing interfering portions of 4 -inch sewer force main, construct sewer manhole, connect to drop manhole, repaving of sewer access road, and trench resurfacing in Milford Drive. 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize /follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The filing of a Corner Record and /or a Record of Survey with the County Surveyor's Office is required after the Work completion. All existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and /or monuments damaged by the Work." 0 • SP2OF16 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 Contractor shall have the affected survey monuments restored per records, at his expense. The Contractor's Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 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. 0 SP 3 OF 16 The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust to finish grade City - owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. For adjustment of Southern California Edison, The Gas Company, Pacific Bell, cable television, and other utility facilities to the finish grade, the Contractor shall submit to the Engineer a written request specifying facilities to be adjusted. The City will contact each utility company and request the utility company to adjust its facilities per the franchise agreement and asking the utility company to coordinate the adjustments with the City's contractor. The Contractor shall then coordinate with each utility company for the adjustment of these facilities. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing meter or valve box covers. The Contractor shall salvage all removed cast iron pipes. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 -3402. The contractor shall remove and salvage City -owned sewer manhole covers and grade rings and City owned water valve cans and covers, and furnish and install new sewer manhole cover and water valve covers prior to finish grade adjustment. Salvaged material shall be delivered to City Utilities Yard. SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed." No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for 0 • SP4OF16 approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 45 consecutive working days after the date on the Notice to Proceed. " It shall be the Contractor's responsibility to ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1s" the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4`h, the first Monday in September (Labor Day), November 11`h (Veterans Day), the fourth Thursday in November (Thanksgiving), December 24`h, (Christmas Eve — half day), December 25`h (Christmas), and December 31 s' (New Year's Eve — half day). 6 -7.4 Working Hours. Normal working hours are limited to 7:30 a.m. to 4 p.m., Monday through Friday. The Contractor, his 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, he must first obtain special permission from the Engineer. The request may be for 4 p.m. to 6:30 p.m. on weekdays. No work is allowed on Saturday or Sunday. A request for working during 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 $60.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the • SP5OF16 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 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 minimize time of the existing pump station to be out of service due to the new force main installation, the contractor must follow the construction sequencing below: 1. Construct force main between station 2 +25.56 and station 17 +25. 2. Construct facilities between station 17 +25 to 17 +93.81 and station 0 +50 to station 2 +25.56. The City will provide bypass during this construction operation. SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform sewer bypassing as required for this project. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Department. 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use 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." 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 0 • SP 6 OF 16 settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean." 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accord with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News. Inc. 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 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. The Contractor shall be responsible for processing and obtaining approval of the traffic control plan from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. The traffic control plan may be prepared by Traffic Control Engineering, David Kuan, who can be reached at (714) 447 -6077 for a cost of $2000 or by another state of California registered Traffic Engineer. The traffic control must meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the city's Refuse Superintendent, Mr. William Russo, at (949) 718 -3468 and all property owners." 5. Vehicular access to all driveways shall be maintained at all times, except when installing pipe within their specific block. At the end of the work each day and on weekends complete access shall be restored to all streets. t 0 SP7OF16 6. Plan shall include detours around the work area. Only one block can be closed at any one time. 7 -10.4 Public Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING' signs) which he shall post at least forty -eight hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division at (949) 644 -3717, for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to the adjacent residents, within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of any construction, the Contractor shall distribute to the adjacent 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. • SP8OF16 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General "A" Engineering Contractor License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built' drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and submitted to the Engineer at the time each progress bill is submitted. Upon completion of the project, the Contractor shall provide "As- Built' corrections upon a copy of the Plans. The "As- Built' plans shall be submitted to the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: 'The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP 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 having traffic control plans prepared by David Kwan (cost of $2,000) or another state of California registered 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, 2001 edition, and City of Newport Beach Requirements. SP9OF16 Item No. 3 Remove Existing 4 -inch Sanitary Sewer Force Main: Work under this item shall include sawcutting pavement , removing and disposing of asphalt concrete, aggregate base, subgrade, existing 4 -inch sewer force main, and all other work items as required to complete the work in place. Item No. 4 Remove Existing Manhole and fill with cement slurry backfill: Work under this item shall include sawcutting pavement, removing and disposing of asphalt concrete, aggregate base, subgrade, manhole shaft, frame, grate, and base, exposing utilities in advance, shoring, bracing, temporary patching or trench plates, controlling ground and surface water, backfilling the vacated area with 1 sack cement slurry backfill, compaction, and all other work items as required to complete the work in place. Item No. 5 Install 6 -inch Yellowmine PVC Sewer Force Main: Work under this item shall include installing all pipe material including, but not limited to, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, controlling ground and surface water, bedding, backfill, compaction, installing pipe, fittings, couplings, potholing all existing facilities, removing, abandoning or protecting interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposing of excess excavation materials and all other work items as required to complete the work in place. Item No. 6 Install New 8 -Inch PVC SDR 35 Gravity Sewer Pipe: Work under this item shall include furnishing and installing all pipe material including, but not limited to, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavation, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of sewer pipe, potholing of all existing facilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials, compaction, and all other work necessary to install the pipe complete and in place. Item No. 7 AC Trench Resurfacing: Work under this item shall include constructing 3- inches of Asphalt Concrete Pavement over 6- inches of Crushed Miscelaneous Base over all trench and removal areas including but not limited to sawcutting, placing material, tact coat, compaction, and all other work items as required to complete the work in place. Item No. 8 Remove and Reconstruct AC Pavement: Work under this item shall include sawcutting, removal and disposal of existing asphal concrete pavement, placement of 4- inches of Asphalt Concrete Pavement over 6- inches of Crushed Miscellaneous Base, placing materials, compaction, tact coat, and all other work items as required to complete the work in place. Item No. 9 Cold Mill and Overlay Existing AC Pavement: Work under this item shall include cold milling existing asphalt concrete existing PCC or a depth of 2- inches, tact coat, asphalt concrete placement, compaction, and all other work items as required to complete the work in place. This work item is located on the surface of an existing SP 10 OF 16 PCC Pump Station. Special care shall be taken to insure no damage occurs to surface of Pump Station. A method of milling shall be submitted to the engineer and approval is required prior to start of construction. Any damage to the surface of the pump station shall be repaired by the contractor. Item No. 10 Remove and Reconstruct AC Dike: Work under this item shall include removing existing AC Dike and Constructing AC Dike per CNB STD -183 -L including but not limited to sawcitting, removal and disposal of existing AC Dike, construction of new AC Dike, doweling in #4 (min. 8- inches in length) rebar spaced at 4 -feet, and all other work items as required to complete the work in place. Item No. 11 Adjust Manhole to Grade: manhole to grade per CNB STD - 111 -L, complete the work in place. Work under this item shall include adjusting and all other work items as necessary to Item No. 12 Construct 60 -inch I.D. Sewer Manhole: Work under this item shall include furnishing and installing manholes per City STD - 401 -L, including but not limited to pavement removal, exposing utilities in advance of the work, excavation, temporary patching or plating, control of ground or surface water, backfill, compaction, disposal of excess excavated materials, installation of base, shaft, grade rings, manhole frames, and covers, potholing of all existing utilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, and all other work necessary to construct the sewer manhole complete and in place. Item No. 13 Connect to Existing Drop Manhole: Work under this item shall include connecting to existing drop manhole structure per applicable portions of City of Newport Beach Standard Plan STD - 403 -L, including but not limited to, pavement removal, exposing utilities in advance of work, excavation, temporary patching or plating, control of ground or surface water, backfill, compaction, disposal of excess excavated materials, potholing of all existing utilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, and all other work necessary to connect to the drop manhole. Item No. 14 Remove Existing and Construct PCC Curb and Gutter, Type "A ", with 2 -foot gutter: Work under this item shall include removing and disposing existing curb and gutter to the nearest score line subgrade compaction, reconstruction of PCC curb and gutter (Type A) per CNB STD - 182 -L, reconstruction of curb openings, construction of minimum 12 -inch wide and 8 -inch deep AC patchback, rechiseling of curb face for existing underground utilities, restoration of all existing improvements damaged during construction, and all other work necessary to complete the work in place. Item No. 15 Reconstruct PCC Driveway Approach: Work under this item shall include sawcutting, removal and disposal of existing improvements, compaction of subgrade, construction of PCC driveway approach per CNB STD- 162 -L, repair of any existing improvements damaged during construction and all other work necessary to complete the work in place. • • SP 11 OF 16 Item No. 16 Traffic Striping, Markings, and Markers: Work under this item shall include installing traffic striping, pavement markings and markers, temporary striping, and all other work items as required to complete the work in place. Item No. 17 Construction Surveying: Work under this item shall include but not be limited to providing all construction surveying required during construction. Item No. 18 Provide 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 five feet or more in depth per the project specifications. Item No. 19 Provide As -Built Drawings: Work under this item shall include all actions necessary to provide as -built drawings. 9 -3.2 Partial and Final Payment. Add to this section: 'Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: 'Portland Cement concrete for construction shall be Class 560 -C- 3250." 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: 'Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." 201 -5 CEMENT MORTAR 201 -5.6 Quick Setting Grout. Add to this section: 'The Contractor shall grout the area between an existing reinforced concrete structure and the new storm drain pipe with a quick setting grout." SECTION 207 - -- PIPE 207 -21 PVC "Yelomine" PLASTIC PIPE 207 -21.1 General. All pipe, couplings and fittings for the force main shall have an SDR (Strength /Diameter Ratio) of 17 yielding a pressure rating of at least 200 psi. The SP 12 OF 16 pipe shall be Yelomine PVC Certa -Lok restrained joint PVC pressure pipe as manufactured by Certainteed Corporation. All piping shall be clearly marked with the name of the manufacturer, size and type. Joints shall be permanent Certa -Lok joints. A PVC pipe cutter shall be used when making any cuts in the field to provide a square end. Fittings for Yelomine Certa -Lok restrained joint PVC pressure piping shall be Yelomine Certa -Lok fittings. 207 -22 PVC PLASTIC PIPE WATER MAIN 207 -22.1 General. The cost of all pipe materials, including all removals fittings, installations, bedding, backfill and any other appurtenant work shall be included as part of the contract unit price amount stated in the Proposal. 207 -22.2 PVC Plastic Pipe for Water and Other Liquids 207 - 22.2.1 General. PVC water pipe shall be AWWA C900, Class 150, SDR 18 with gasket joints conforming to ASTM Standard F -477. 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." SECTION 215 -- -STORM DRAIN FILTERS 215 -1 GENERAL Filters shall be installed across all catch basins that drain into storm drain systems receiving flow from areas contained within this project. Insert widths shall match the curb opening widths of catch basins. PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General. Add to this section: 'The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and • SP 13 OF 16 supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. SECTION 302 - -- ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section: 'The asphalt concrete (A.C.) used shall be III -C3 -AR -4000. All cracks 1/4-inch or greater in width shall be cleaned and sealed with a hot - applied crack sealant approved by the Engineer. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302 -5.4 Tack Coat. Add to this section: 'Prior to placing the asphalt concrete patches, a tack coat of Type SS -1 h asphaltic emulsion at a rate not to exceed one — tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 302 -6.6 Curing. Add to this section: 'The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201 -1.1 -2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6 -7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." SP 14 OF 16 303 -5.4 Joints 303 -5.4.1 General. Add to this section: "The Contractor shall make a sawcut parallel to the centerline of the alley, 2 feet along each side of centerline, over the entire length of the alley. The Contractor may also sawcut the property lines, adjacent to the alley, in lieu of scoring the pavement along the property lines or constructing an edged cold joint. All sawcuts shall be made to a depth of 2 inches." 303 -5.5 Finishing 303 -5.5.1 General. Add to this section: "The Contractor shall patch back A.C., P.C.C. and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color." 303 -5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer lateral and a chiseled W -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." 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 his 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 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. The submittal shall adhere to the following guidelines. 1. Root Pruning b. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. n 0 SP 15 OF 16 c. Roots shall be cleanly severed using a root - pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root - cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and /or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and /or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump - grinding machine instead of a root- pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre- approved by the City's Urban Forester. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. 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." SP 16 OF 16 310 -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. 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. 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry." PART 4 400 -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."