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HomeMy WebLinkAboutC-3667 - 32nd Street Tide Valve ReplacementCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC June 28, 2006 GCI Construction, Inc. 245 Fischer Avenue, B -3 Costa Mesa, CA 92626 Subject: 32nd Street Tide Valve Replacement (C -3667) To Whom It May Concern: On June 28, 2005, 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 10, 2005. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 08744058. Enclosed is the Faithful Performance Bond. Sincerely, fan,.� 1a7. blA'e 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 BOND NUMBER 08744058 PREMIUM: $1,403.00 EXECUTED IN FOUR COUNTERPARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 32' STREET TIDE VALVE REPLACEMENT CONTRACT NO. 3667 BOND NO. 08744058 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $1,403. 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 GCI Construction, Inc., hereinafter designated as the "Principal ", a contract for construction of 321 STREET TIDE VALVE REPLACEMENT, Contract No. 3667 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. 3667 and the terms thereof require the himishing 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 Seventy-seven thousand, nine hundred seventy and 00/100 Dollars ($77,970.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 28 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 1 s t day of JUNE 2004. GCr ConS�ruJton -Inc. GCIConstruction,Inc.(Principal) Authorize SignaturelTltle Ftoy enr.r?t{ Set.TPC'a5 FIDELITY AND DEPOSIT COMPANY OF MARYLA Name of Surety Authorized Agent Signature 801 N. BRAND BL STE PENTHOUSE GLENDALE, CA 91203 Address of Surety (818) 409 -2800 Telephone SHAWN BLUME, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California RIVERSIDE ss. I County of On 6///04/ before me, R. STANDLEY , Data Name and Title of Officer (e.g., "Jane Doe. Notary Public') personally appeared SHAWN BLUME R. lDLEY t"' CR0jjM 'i263272 1 H ci NOTANY PUBUC - CALIFORNIA III 2 % MY COMM IExM� oune 7.20 ixi personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person ,(a) whose name(sT is /are- subscribed to the within instrument and acknowledged to me that he /sheffhey executed the same in his /hefkftetF authorized capacity(iw4, and that by his /hefA#teir signature soon the instrument the person(s), or the entity upon behalf of which the person(sr acted, executed the instrument. WITH SS my hand and �ial seal. Place Notary Seal Above Signature of Notary We OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: C Individual 0 Corporate Officer— Title(s): C Partner —C Limited C General C Attorney in Fact C Trustee C Guardian or Conservator C Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER 0 1999 Na,iM61 Nob, Aa9oCN6on • 93W 06 5010 Ave., P.O. Box 2402 • Cams, no. CA 91311202 - Av ­ M1191u1no1ory5q P,W W, 590] Bemor. C.a ]bird 9 .E00b]6 {A2] CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange On to •- ) ' U`i , before me, Sandra Kocker, Nntary P99h1 it , Date Name aM Title of Officer (e.g.. • ane Doe, Notary Public") personally appeared wd Ran n e -ti Namea) of Signer(s) Place Notary Seal Above IR personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(,s') whose name(jr) is /are subscribed to the within instrument and acknowledged to me that he /skeAheyexecuted the same in his /herlthnir authorized capacity(i", and that by his /hefMeir signaturem on the instrument the person.W), or the entity upon behalf of which the person(sj acted, executed the instrument. WITNESS my hand and official seal. 1 =� � Signature W Notary Wb9c 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 Signer's Name: ❑ Individual ❑ Corporate Officer — Tftle(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER 01999 NeliwW NWry ASSav9on•9350 pe SMO Aw.,P.0.aw 2�0t•Ct- tewalb, CA 9131 }21e2•wwv.natgrolMery.oq PmO. No. 5907 fle , Call Td Free 1-9o}a75fiee7 SANDRA KOOKER Commission f 1345865 .=at - Notary Public - California z � Orange County My Comm- E_Vims Mar 17, 2f� Place Notary Seal Above IR personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(,s') whose name(jr) is /are subscribed to the within instrument and acknowledged to me that he /skeAheyexecuted the same in his /herlthnir authorized capacity(i", and that by his /hefMeir signaturem on the instrument the person.W), or the entity upon behalf of which the person(sj acted, executed the instrument. WITNESS my hand and official seal. 1 =� � Signature W Notary Wb9c 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 Signer's Name: ❑ Individual ❑ Corporate Officer — Tftle(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER 01999 NeliwW NWry ASSav9on•9350 pe SMO Aw.,P.0.aw 2�0t•Ct- tewalb, CA 9131 }21e2•wwv.natgrolMery.oq PmO. No. 5907 fle , Call Td Free 1-9o}a75fiee7 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC August 10, 2005 GCI Construction, Inc. 245 Fischer Avenue, B -3 Costa Mesa, CA 92626 Subject: 32nd Street Tide Valve Replacement (C -3667) To Whom It May Concern: On June 28, 2005, 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 6, 2005, Reference No. 2005000521292. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 08744058. Enclosed is the Labor & Materials Payment Bond. Sincerely, v. �.A�4� LaVonne M. Harkless, MMC City Clerk cc: Public Works Department R. Gunther, P.E. encl. 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 • www.city.newport- beach.ca.us BOND NUMBER 08744058 PREMIUM INCLUDED IN PERFORMANCE BOND EXECUTED IN FOUR COUNTERPARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 32na STREET TIDE VALVE REPLACEMENT CONTRACT NO. 3667 BOND NO. 08744058 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 321 STREET TIDE VALVE REPLACEMENT, Contract No. 3667 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. 3667 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, FIDELITY AND DEPOSIT COMPANY OF MARYLAND duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of Seventy -seven thousand, nine hundred seventy and 001100 Dollars ($77,970.00). 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 terns of the Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and tabor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 26 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 1st day of JUNE , 2004. G CT ConS�ruc+ion' Tnc GCI Construction, Inc. (Principal} Auth zed SignaturefT-ttle Floy -d ae r)rnelT s TregS eC. FIDELITY AND DEPOSIT COMPANY OF MARYL� Name of Surety Authorized Agent Signature ' 801 N. BRAND BL STE PENTHOUSE GLENDALE, CA 9,1203 Address of Surety (818) 409 -2800 Telephone SHAWN BLUME, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of RIVERSIDE I ss. On /� 107 , before me, R. STANDLEY Data Name and Title of Officer (e.g.. "Jane Doe. Notay Public') personally appeared SHAWN BLUME > R. STANDLEY COMM. fill 263272 a ¢'- ; NOTARY PUSUC • CALIFORNIA m X. RIVERSIDE COUNTY My Comm. Expires June 7, 2004 2d personally known to me =i proved to me on the basis of satisfactory evidence to be the person' whose nameK is /af e- subscribed to the within instrument and acknowledged to me that he /sheFtMey executed the same in his /heffttretF authorized capacity(iw4, and that by his /taefilheir- signature(s}ron the instrument the person,(*, or the entity upon behalf of which the person(W acted, executed the instrument. WITNESS my h nd and official seal. Place Notary Seal Above Signature of Natary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here Of Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 9 )999 Natb�Wl Ndary ASSOCNtiW • 9350 DB Soto ilw., P.O. Bon ]ao2 • Ct�emvmp. CA 9f31 ] -2MS � uwvemeon.+lvourycvq Pmp. No. 5907 Rewaec Gyl Tdl -F.ee )- BCOaJ86e3) u CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange 0 On In - I - D -f , before me, Sandra Kooker, Notary Puhl ir• Date Name and Title of Officer (e.g..' one Doe, Notary Public') personally appeared R P n n etF —rr Names) of Signers) SANDRA KOOKFR Commission S 1316865 Notary Public - California r orange County My Comm. Expires Mw 17, 2008 a Place Notary Seal Above EX' personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person($) whose name(g) is /are subscribed to the within instrument and acknowledged to me that he /&heHHey executed the same in his/he; 4faeif authorized capacity(i@g), and that by hiS*eFAheir- signature(5r) on the instrument the person(A, or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. "o� Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual • Corporate Officer — Title(s): • Partner —❑ Limited ❑ General ❑ Attorney in Fad ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER 0 109 National Notary Psaot tion • 9350 De Solo Ave., PD. Box 2002 • cnaunvooh, LA 91313-2402 • www.netbnaMOtary.org Prod Nn 5907 Peureer: call TO -Free 1- 600 - 6`60627 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 Availabilitv of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resultmL, 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 Companv'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 901//0. 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. Copyri;hr Zurich American Insurance Company 2003 - 00>0749.doc 0 0 Power of Attomey FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE P.O. BOX 1721, BALTIMORE, MD 21103 -17L7 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 Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and 211 bonds and undertakings and the execution of such bonds or undertakings in pursuance se presents, st1.pe as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and ackn,',�,tPii 6y the re�"elected officers of the Company at its office in Baltimore, Md., in their own proper persons, e The said Assistant Secretary does hereby certify that the extract set f the revers reof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. o IN WITNESS WHEREOF, the said Vice - President and Assistan have hg� 'bed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND: Ist day of , A.D. 1998. ATTEST: FIDELITY AND C SEAL -f +- T. E. Smirk is 11V3' OF MARYLAND By: 62tJQLz.,A, W. B. Walbrecher Vice- President State ofMarytand } ss: CoumyofBaltbnore J �� On this 21st day of January, AD. 1998, before the sub a Notary Public of the State of Maryland, duly commissioned and qualified, came W. B. WALBRECHER, Vice- President and T. E. S�t Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally (mown 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 ly and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed i to the precedr strument 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. $�Y ��' Car 11 Fader � Notary Public si9t Expires: 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 Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice- President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Anomcy -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-president, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this Ja4 day ofC -L�. Assistant Secretary L1428 -012 -0629A REd-6k -6i id WEUESTED BY AND WHEN RECORDED RETURN TO: Citytlerl 4 A 9 :08 City of Newport Beach 3300 Newport Boulevard Ildlaw'pprdt Bpaacbl "CA02663 C11'i .D F 1 0R1 8 E A C I i E Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder ! IIIIIIIIIIIIIIIIIIIIIIII! IIIIIIIIIIIIIIIIIIIIIIIIIIIII (IIIIIIIIIIiIIiiII�Np FEE 2005000521292 03:25pm 07/06/05 11545N12 1 0 -00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code -Section 6103" 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 June 8. 2004. Said Contract set forth certain improvements, as follows: 32nd Street Tide Valve Replacement (C -3667) -- n said -Contract was- compieTe-d on- -wy ZT. 2OOb, anon was found to be acceptable on June 28. 2005, 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. Director ,rt Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on MR at Newport Beach, California. - s 0 0 '. CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC June 29, 2005 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 / RE: Notices of Completion (C -3630, C -3644, C -3645, C -3647, C -36 ✓6677 and C -3731) Please record the enclosed six (6) documents and return it to the City Clerk's Office. Thank you. Sincerely, i LaVonne M. Harkless, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NOTICE OF COMPLETION 6103" 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 June 8. 2004. Said Contract set forth certain improvements, as follows: 32ntl Street Tide Valve Replacement (C -3667) Work on said Contract was completed on May 27. 2005, and was found to be acceptable on June 28, 2005, 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. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on yj at Newport Beach, California. 'lam i � ✓ IU Ii "�vV� . CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 12 June 28, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department R.Gunther, P.E. 949 -644 -3311 rgunther @city.newport- beach.ca.us SUBJECT: 32N" STREET TIDE VALVE REPLACEMENT — ACCEPTANCE OF CONTRACT NO. 3667 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. c:;v et svo w ^-c 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 June 8, 2004, the City Council authorized the award of the 32nd Street Tide Valve Rehabilitation contract to GCI Construction, Inc. This contract provided for replacement of a manual tide gate valve located at the corner of 32nd Street and Newport Boulevard with a motorized tide gate valve. 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: $77,970.00 Actual amount of bid items constructed: $82,440.00 Total amount of change orders: $5,877.00 Final contract cost: $88,317.00 The increase in the amount of actual bid items constructed over the original bid amount resulted from the need for additional paving and curb and gutter. The final overall construction cost including Change Orders was 13.25 percent over the original bid SUBJECT: 3V Street Tide Valv acement t - Completion And Acceptance of Cont. 3667 June 28, 2005 Page 2 amount. The City Manager has given his written authorization to exceed the original • contract by over 10% per City Council Policy F -3. Two Change Orders in the amount of $5,877.00 provided for the addition of a ladder into the structure and rewiring of the electric motor. Environmental Review: This project is 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 accounts: Account Description Account Number Amount Tide and Submerged Land 7231- C3170722 $84,970.00 Storm Drain Imp. Program 7012- C5100008 $3,347.00 Total $88,317.00 All work was completed on May 27, 2005. The scheduled completion date was December 27, 2005. The construction of this contract was delayed at the request of staff due to the rain season and coordination with the Ocean Tides. Prepared bye:: Submitted b R. Guntfier, P.E. ep . Badum Construction Engineer Publi&Works Director E .tea CITY OFaNEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915 until 2:00 p.m. on the 25`h day of May 2004, at which time such bids shall be opened and read for 32nd STREET TIDE VALVE REPLACEMENT Title of Project Contract No. 3667 $91,000 Engineer's Estimate by ",-Swhen G. Badum Roblic Works Director Prospective bidders may obtain one set of bid documents for $20 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 General "A" Contractor's License required for this project For further information, call Sean Crumby, Project Engineer at (949) 644 -3311 i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 32nd STREET TIDE VALVE REPLACEMENT CONTRACT NO. 3667 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 z 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 32nd STREET TIDE VALVE REPLACEMENT CONTRACT NO. 3667 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ISSUED BY AGENCY PRIOR TO 2. Cash, certified check or cashiers check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 0 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). Please note, The Davis -Bacon Wage determinations are available at Federal Wage website: www.goo.aov /davisbacon 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. '755350 Class 0 Contractor's License No. & Classification GCT Cons +ruc lon, Inc Bidder Authafized Signature/Title Floyd f3ennel' Sec.TreaS- 5-at- Date } 'Y 0 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 32"" STREET TIDE VALVE REPLACEMENT CONTRACT NO. 3667 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 320" STREET TIDE VALVE REPLACEMENT, Contract No. 3667 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, I is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this ?4th day of MAY 2004. GCI CONSTRUCTION, INC. Name of Contractor (Principal) Aut ri. >_ed ignaYUre.l itla F toy (b�f nn elf .-. /� Ser ITrPUgs. FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety - — d na ra 801 N. BRAND BL STE PENTHOUSE GLENDALE, CA 91203 MICHAEL D. STONG, ATTORNEY- IN -F'uCT Address of Surely Print Name and Title (318) 409 -2800 Telephone (Notary acknowledgment of Principal & Surety must be attached) search wor Q Member of Zurich Financial Services Group A.M. Be": 003137 NAIC p: 39306 View a list of group members or the group's rating Best's Rating A (Excellent}' Financial Size Category XV ($2 billion or more) 'Ratings as of O5y2512004 04:14:57 PM E.5.7. 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 © 2004 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 additonal details. t• xx , t 0 • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of RIVERSIDE I ss. On 5 a I5 , before me, R. STANDLEY , Date Name and Title of Officer lag- -Jan. Doe. Notary Publicl personally appeared MICHAEL D. STONG I TANDLEY . #1263212 BRJC- CALIFORNIA SIDE COUNTY fill"s June 7, tOW S personally known to me proved to me on the basis of satisfactory evidence to be the person, whose name(, is /gK subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her4ht -ir authorized capacity(iee -), and that by his /her4 w signature( on the instrument the person(a)s or the entity upon behalf of which the personal acted, executed the instrument. WITNESS my hand and official seal. le, 467�1 Place Notary Seal Above Signature of Notary Public wVj 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 ��taa,n.lo.ere Top el lniere ❑ Corporate Officer — Title(s): L Partner Limited L General Li Attorney in Fact L Trustee IE Guardian or Conservator D Other: Signer Is Representing: 01999 National Notary Association•935009 Soto Ave.. PO, Box 2102•Chatsvedh. CA 913132402 -www nvennalr0l .niy Prow Nn 590% Peoe&r Call Tol4Free 18008 )6682] ZURICH TEIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND We aremaking the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. Ko 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 Availabilitv 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 is 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 I% 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 rigbts 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 corporation of the State of Maryland, by PAUL C. ROGERS, Vice pursuance of authority granted by Article V1, Section 2, of the By side hereof and are hereby certified to be in full force and effec appoint Michael D. Stong, of Riverside, California, its tru and deliver, for, and on its behalf as surety, and as its act d of such bonds or undertakings in pursuance of these p hal all intents and purposes, as if they had been duly exec d ac Company at its office in Baltimore, Md., in their o er pers9 Michael D. String, dated January 21, 1998. �� lz AND DEPOSIT COMPANY OF MARYLAND, a ident, and SMITH, Assistant Secretary, in of said y, which are set forth on the reverse e date h oes hereby nominate, constitute and awful d Attorney -in -Fact, to make, execute, seal any I bonds and undertakings and the execution { be mg upon said Company, as fully and amply, to kn ed by the regularly elected officers of the s. is power of attorney revokes that issued on behalf of The said Assistant Secretary does hereby c the exur - Torth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, an w in fl v IN WITNESS WHEREOF, the said ° esident ssistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said said Al POSIT COMPANY OF MARYLAND, this 16th day of January, A.D. 2003. O ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND r v r 4 m By: T. E. Smith Assistant Secretary Paul C. Rogers Vice President State of Maryland ss: City of Baltimore 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 sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. �r - "AAd, 11 NA Wwr Sandra Lynn Mooney Notary Public My Commission Expires: January 1, 2004 POA -F 012 -0629 0 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages .... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this a gA day of Assistant Secretary 4 1 i , CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California SS. County of ®rMQL On (fi�2 , before me, ' lJC Data I I . _ Name an9 Tire 2 personally appeared ® JANET L RUSSELL ® ] Commission# 1335385 z i Notary Public - Caltforflla Z] Orange County MyComn. ExpWmDec21, 2005, ER personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person* whose name(a)- is /arcs subscribed to the within instrument and acknowledged to me that he /sW /they executed the same in his /her/t0wft authorized capacity0os), and that by his /herrltheir signature(* on the instrument the person(o, or the entity upon behalf of which the person(e)' acted, executed the instrument. WIT ESS my hand nd c l seal. Place Notary Seal Above —Signature oft to ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulen7 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 Oflhumb here • Corporate Officer — Title(s): • Partner — ❑Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 Naiioal Nola, Associailon • 9350 0e Soto Am.. P.0, 8o: 242 • CraZ oM, CA 91313.2ao2 • w mtu lnoury,oig Prod. No 5907 neonler. Call TNI -Free 1.10 878$827 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 32nd STREET TIDE VALVE REPLACEMENT CONTRACT NO. 3667 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) Subcontractors Information Bid Item Description of Work % of Number Total Bid 1 Name: W efze Coo( v(2i2 31yts Co�ncre Address: C Q��0. ii ... A, C A ` (alp,{' L.H J��11 ^-7 ^� p /t,, Phone: I I4- 5 JO - -1 (45 �]F (9 State License Number: 3939-5L/ Name:Tou ell Address:/] }/ u E t Phone: State License Number: C 1 1057 as 7 Name: Address: Phone: State License Number. Bidder orz i Signa Ilre 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 32nd STREET TIDE VALVE REPLACEMENT CONTRACT NO. 3667 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name 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 Project Description Hoag Lower Level Central Plant- Cogen; Site Utilities Job No. 155 Site Utilities Improvements Approximate Construction Dates: From Agency Name 8/03 To: In progress Hoag Memorial Hospital / DPR Construction, Inc. Contact Person James Easley Telephone (94� 574 -4467 Original Contract Amount $ 1.9M 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 0 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 City of Fullerton In progress Contact Person Yelena voronel 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 $� 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. 4 Project Name /Number Project Description Foothill & Barranca Distribution Main Project Job No. 147 Distribution Main Improvements Approximate Construction Dates: From 7/03 To: 12/03 Agency Name City of Azusa Contact Person Chet Anderson Telephone (26) 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 UCLA South west Campus Housing Job No. 134 Project Description Storm Drain, Sewer, Fine Grade Improvements Approximate Construction Dates: From 3/03 To: In orooress Agency Name Gordon S Williams Contact Person Dennis Arguelo Telephone (310) 824 -1076 Original Contract Amount $1,289,935 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. 6 Project Name /Number North Creek Storm Drain Diversion Project Description Storm Drain Diversion Improvements Approximate Construction Dates: From 5/03 To: 9/03 Agency Name City of Dana Point Contact Person Matt Sinacori Telephone @49) 248 -3575 Original Contract Amount $± ,168 Final Contract Amount $ 713,267 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. 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. G C I CONSTRUCTION, INC. Bidder 10 Authorized Signature/Title Ficyd sett Sa=etary Treasurer 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 32nd STREET TIDE VALVE REPLACEMENT CONTRACT NO. 3667 NON - COLLUSION AFFIDAVIT State of California ) ) SS. County of rOrVe, ) C U � d P nn C I 1 being first duly sworn, deposes and says that he &r-li a is , F R ecreary Treasurer of GU Eonsi r uc +ion, nc-, the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. GCS Con4ruc +ton, Tnc, Bidder Auth zed SignaturelTitle Floyd 6 nnef! /SK•Trea5, Subscribed and sworn to before me this Z2 day of M c3 2004. [SEAtf JANETL. RUSSELL tary Public Commissioni1335M i Notary Public - CeNfomla £ My Commission Expires:�_Zl �E— orangeCowriy MyCanm. Emiresfbo21,2005 11 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 32nd STREET TIDE VALVE REPLACEMENT CONTRACT NO. 3667 DESIGNATION OF SURETIES Bidders name GC Tloo Tnc, 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): brj +or, Tns . Services 495d Arkr) -ion I4v0 * 6 -3 ° Rkver5iGQ2, 04 R350cI �9(x►;��13 -038a Lot Se Over rlILi) n5. 0/139 Sery ic-e I Say E. Ma ve , Orar�e Cfl. 9a8&7 707(0 12 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 32"' STREET TIDE VALVE REPLACEMENT CONTRACT NO. 3667 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL :.. - M.W 11117—rokwtv IIL .ra 6i/ 1 Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. IN 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 Total dollar Amount of Contracts (in 13,M 137M 13 -OM 13.1M 75M -11 K loZ. ?M Thousands of $ No. of fatalities O 0 0 O G 6) No. of lost Workday Cases' Q Q 0 Q () D No. of lost O O Q Q Q workday cases involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. IN Legal Business Name of Bidder GCZ Cons +rucf i on =nc Business Address: a45 Fischer- AvP. 5 -3 CoS&L N'e ij CFA Business Tel. No.: (7 Iy ) cl S 7 - D"a-33 State Contractor's License No. and Classification: -7 5535(v C�aSS Title General Eno neer nw The above information was compiled from the records that &b availabl to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of thou& records. // Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title FARM i II - G; I I-es pi e .lirre.II 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 pia (0 ak • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 32nd STREET TIDE VALVE REPLACEMENT CONTRACT NO. 3667 ACKNOWLEDGEMENT OF ADDENDA Bidders name G CZ Gnsf r'UClloo TnC, The bidder shall signify receipt of all Addenda here, if any: 15 1 r24 S. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CS �P m s ADDENDUM NO. 1 CONTRACT NO. C -3667 DATE: 5 /Zp /oz/ BY: TO: ALL PLANHOLDERS 1. SPECIAL PROVISIONS Add Appendix A to Special Provisions: I Page: 1 of .3 Bidders must sign this Addendum No. 1 and attach it to the bid proposal. No bid will be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Bidder's Name (Please Pridt) Date Signature & Title f: \users \pbw \sharedlcontracts \fy 03 -04 \32nd street tide valve c- 3667\addendum #1.doc SPECIFICATIONS FOR TIDE GATE, OPERATOR AND CONTROLS Page: 2 of -3 Install 24" Waterman Industries, Inc., medium duty P -30ff sluice gate, or equal approved by the Engineer, with Type 316 non -rising stainless steel stem to fully open gate, bronze seating faces, bronze thrust nut and side wedges, Type 316 stainless steel rails and yokes, flush bottom closure, flangeback frame for wall mounting against grout pad, primed and coated by the manufacturer. Install EIM, Limitorque, AUMA, or equal approved by the Engineer, heavy duty operator with torque and limit switches,.reversing starter. local 3 button /2 light pushbutton station, local -off- remote selector switch, declutchable handwheel, all primed and coated by the manufacturer. Power source is 120/240 volt, single or three (contractor shall be responsible to verify field voltage) phase, 60 Hz. Actuator shall conform to the requirements of AWWA C540 -93. Actuator enclosure shall be NEMA 6 IP68 (watertight submersion of 20 feet water column for 72 hours). Manual over -ride shall be by handwheel. Manual operation will be via power gearing to minimize required rimpull and facilitate easy change -over from motor to manual operation when actuator is under load. Return from manual to electric mode of operation will be automatic upon motor operation. A seized or inoperable motor shall not prevent manual operation. Actuator shall be capable of hand wheel operation if motor control unit is removed. Limit switches shall be furnished at each end of travel. Limit switch adjustment shall not be altered by manual operation. Limit switch drive shall be by countergear. Limit switches must be capable of quick adjustment requiring no more than five (5) turns of the limit switch adjustment spindle. One set of normally open and one set of normally closed contacts will be furnished at each end of travel where indicated. Contacts shall be of silver and capable of reliably switching low voltage DC source from the control system furnished by others. Mechanically operated torque switches shall be furnished at each end of travel. Torque switches will trip when the valve load exceeds the torque switch setting. The torque switch adjustment device must be calibrated directly in engineering units of torque. All wiring shall be terminated at a plug and socket connector. All actuators in open /close service will be furnished with integral motor controls consisting of reversing starters, control transformer, phase discriminator, monitor relay (to signal fault conditions such as thermal switch trip, torque switch tripped in mid - travel, wrong phase sequence or phase failure), "open-stop-close" pushbuttons, "local- off - remote" selector switch in addition to red and green indicating lights. An interface with the control system must be furnished with optical isolators to separate incoming voltage signals from the internal motor controls. Size operator and sluice gate to raise and lower the gate against 50 feet of seating head and 10 feet of unseating head at 9 -to -15 inches per minute. Install electric motor operator panel in Type 316 stainless steel waterproof pedestal enclosure, with clear plastic stem cover and Mylar strip type position indicator; and provide 'open ", "close' and f: \users \pbw \shared\conlracts \fy 03 -04 \32nd street tide valve c- 3667\addendum #1.doc } Page: 3 of 3 " pp" controls with red (off) and green (on) indicator lights per A.W.W.A. C- 501 -80, Sections 3;13 and 3.15.15, and a 20 AMP circuit breaker. Sch. 40 PVC conduit with #10 THWN wiring for motor and #12 THWN wiring for control circuit from Edison Vault to the meter pedestal, control pedestal, pull box, and tide gate structure. Install wiring in conduits to meet N.E.C. standards, and arrange for Southern California Edison Co. power meter to be set (City to pay SCE fees). Install Type 304 stainless steel fasteners and anchor bolts throughout. Shopcoat non - stainless ferrous metals with a polyamide epoxy paint system. Fabricate, assemble and anchor sluice gate, operator, control components, enclosures and attachments with materials that are waterproof, primed, epoxy coated, and certified for long -term exposure and long -term submergence in a salt water environment, and prove to the Engineer's satisfaction that these- spec#ica&ws have been met. Upon obtaining prior authorization of the Engineer, provide a manufacturers authorized representative to certify the installation, setup and operation of the sluice gate, operator and controls. Upon acceptance of the sluice gate, operator and controls by the Engineer, provide a one year minimum full labor and materials warranty of the installation, setup and operation of the sluice gate, operator and controls. f :luserslpbw%shared\contractslfy 03- 04132nd street tide valve c- 36671addendum #1.doc CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 32nd STREET TIDE VALVE REPLACEMENT CONTRACT NO. 3667 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: G CZ CDW5 +ruc+ion =nc Business Address: aL45 Fischer RVe• -*C33, Costa MeSQ CA. Telephone and Fax Number: �9lLi) 95']- California State Contractor's License No. and Class: ICJ 655(p COQ SS (REQUIRED AT TIME OF AWARD) Original Date Issued: 10.31-99 Expiration Date: ID-31- Oy D -11148 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: TxrU lam. kE, 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 G'i �lecnIe . Tr Address Telephone 4 C05 +0- Mesti, CA -ire. 5 -3 C TlrreIi,Vicc- TIrec' ent aLf,SFischern 6- reA8-3 Cas1c,' M Corporation organized under the laws of the State of CG, I � 0rn 1 CA- 16 ('114 ) toa 95 7-0a:53 gacoa(� °157 -�Oa3: CA 0i a s. (1IL0 957-0a33 y • • • The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: 01 All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: NIA 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 tele hone numbers of the parties; N Briefly summarize the parties' claims and defenses; NI0 Have you ever had a contract terminated by the owner /agency? If so, explain. No 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 labar compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.) ?Yes No Are any claims or actions unresolved or outstanding? Yes / No 17 E If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive.- GCT Cons +ruJion ,Tnc. Bidder Tr-r- -D .G(�I I (Printy� a of Ow r or President of Cofnbratiofl /C Danv) ./ Title Date ',don 1 -ai -o ()f Subscribed and sworn to before me this Z4 day of 0"-) cN l 2004. [SEAL JANET L. RUSSELL qofj -P W(7 Commission i 1335385 Notary Public - CaRNMY lY Orangs Courdy Aycor=. E*wDec21,20g6� 18 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 32 n STREET TIDE VALVE REPLACEMENT CONTRACT NO. 3667 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 r • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 32nd STREET TIDE VALVE REPLACEMENT CONTRACT NO. 3667 CONTRACT THIS AGREEMENT, entered into this _ day of , 2004, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and GCI Construction, Inc., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: 32nd STREET TIDE VALVE REPLACEMENT The work necessary for the completion of this contract consists of removing interfering portions of existing vault, removing and replacing sluice gate, constructing electric actuator, constructing a new vault lid, connecting electrical facilities, and repairing surface improvements. Contract No. 3667 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. 3667, 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 fumish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 20 r 0 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Seventy-seven thousand, nine hundred seventy and 00/100 Dollars ($77,970.00). 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: GCI Construction, Inc. 245 Fischer Ave., B -3 Costa Mesa, CA 92626 714 - 957 -0233 714 - 540 -1148 Fax Contractor, by executing this Contract, "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 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. RA 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 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. APPROVED AS TO FORM: CITY ATTORNEY 25 CITY OF NEWPORT BEACH A Municipal Corporation By: i Mayor GCI CONSTRUCTION, INC. By: Auth6rized Signature and Title ACORO°' + RT[ I f l ILIT1� II R4 Date Imm /dd/yyl Pro r 71 89 -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. COMMNIES AFFORDING COVERAGE cempury Lexington Insurance Company An A Company Lincoln General Insurance Company Insured GCIC002 -DEB B GCI Construction, Inc. Company CME, Inc. tional Union Fire Insurance Co. Pacific Equipment, L.L.C. C Na 245 Fischer Ave. Suite B -3 company D = State Compensation Ins Fund D - r 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 IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY POLICY CO TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS LTR DATE DATE ENERAL LIABILITY General Aggregate e A Commercial General Uabiity� 2845342 04/01/04 04/01/05 Products-Completed O Claims Made Occur Personal & Advertising Injury Owner's & Convector's Protective Each Occurrence Per Proj�gq Fire Damage (any i fire)) Medical Expense (any one nl AUTOMOBILE LIABILITY B Any Auto 2510004883 -0 04/01/04 04/01/05 Combined Single Limit 9 All Owned Autos Bodily Injury Scheduled Autos (per person)) Hired Autos Bodily Injury Non -0wrbtl Autos (Per accident)) Came /C011 Ded $ 1,000 Property Damage GARAGE LIABILITY Auto Only - Eacg Accident ......... ............................... Any Auto Other Then Auto Only Each Accident Aggregate XCESS LIABILITY Each occurrence C Umbrella Form BE5683769 04/01/04 04/01/05 Aggregate Other Than Umbrella Form WORKERS' COMPENSATION 8 IStaunor, Limit other D EMPLOYERS' LIABILITY 046 - 13132 -04 03/17/04 03/17/05 EL Each Accident The Proprietor/ IncI EL Disease -Polic Limit Partners/Ezecub" Officers are: Ezcl EL Disease-Ea Employee OTHER E XM / Equipment MXI98401780 04/01/04 04/01/05 ch Limit $ 770 000 eased /Hired /Ren Limit $100, 000/5, 000 DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLESISPECIAL ITEMS Certificate Holder is named Additional Insured as per attached endorsements eguired by contract with respect to work performed 32nd Street Tide Valve Replacement, Contract No. 3667 job #174 i%14T lift AtrtE LltTit?N 14 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL E� MAIL 3 0e DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City Of Newport Beach Public Works Department 3300 Newport Boulevard Authorized Representative Newport Beach, CA 92663 ..<.:<.,.:...:: A ft-ft. 3�9�SSt �x �ieilt �utsn� ..... � ��� 07�pHi�C t ONDORSEMENT # 0146 This endorsement, effective 12:01 AM: 04/01/2004 Forms a part of policy no.: 2845342 Issued to: GCI Construction, Inc. By: Lexington Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON OR ORGANIZATION: CITY OF NEWPORT BEACH, ITS OFFICERS, AGENTS, OFFICIALS, EMPLOYEES AND VOLUNTEERS 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 PROJECT IJOB: CONTRACT NO. 366T 32nd Street Tide Valve Replacement (If no entry appears above, information required to complete the 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 above schedule, but only with respect to liability arising out of your work for that insured by or for you. IT IS FURTHER AGREED THAT THIS POLICY IS PRIMARY AS RESPECT ANY INSURANCE MAINTAINED BY THE ADDITIONAL INSURED AND THAT SUCH INSURANCE MAINTAINED BY THE ADDITIONAL INSURED IS EXCESS AND NON - CONTRIBUTORY WITH THIS POLICY AS RESPECTS TO WORK PERFORMED BY THE NAMED INSURED. IT IS FURTHER AGREED THAT THE INSURANCE COMPANY SHALL AFFORD OR PROVIDE THIRTY (30) DAYS WRITTEN NOTICE OF CANCELLATION TO THE INSURED IN THE EVENT OF CANCELLATION OR MATERIAL REDUCTION IN COVERAGE. LX0869 (01/95) Authorized Re sentative OR Co rtersignature (in s where applicable) 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - BUSINESS AUTO POLICY NUMBER: 2510004883 NAMED INSURED: ENDORSEMENT EFFECTIVE: 04/01/04 GCI CONSTRUCTION, INC. COVERED PARTS AFFECTED; ENDORSEMENT NO. 001 COMPANY: LINCOLN GENERAL INSURANCE COMPANY AUTHORIZED REPRESENTATIVE: SELTZER INSURANCE SVC I , . • . IT IS HEREBY UNDERSTOOD AND AGREED THAT THE FOLLOWING AMENDMENT TO THE DEFINITION OF "INSUREDS" SHALL INCLUDE THE ENTITY DESIGNATED BELOW BUT ONLY TO THE EXTENT IT FALLS WITHIN THE AMENDED DEFINITION ADDITIONAL INSURED NAME: CITY OF NEWPORT BEACH, PUBLIC WORKS DEPARTMENT ITS OFFICERS, AGENTS, OFFICIALS, EMPLOYEES AND VOLUNTEERS Juts: 32NV Street Tide Valve Replacement It is fi,rther agreed that this policy is primary as respect to any insurance maintained by the additional insured and that such insurance of the additional insured is excess and non - contributory. THE DEFINITION OF "INSUREDS" IS AMENDED TO INCLUDE: "ANY PERSON OR ORGANIZATION WHO IS LEGALLY RESPONSIBLE FOR THE "USE" OF THE INSURED AUTOMOBME BY THE NAMED INSURED, ITS EMPLOYEES, OR ANY PERSON USING THE INSURED AUTOMOBILE WITH THE NAMED INSUREDS PERMISSION" THE TERM "USE" WHEN APPLIED TO A MOTOR VEHICLE SHALL ONLY MEAN OPERATING, MAINTAINING, LOADING OR UNLOADING A MOTOR VEHICLE. RAAZS99 9 CEOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142 -0807 COMPENSATION y., �•- �{ "�� INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 06 -02 -2004 GROUP: 000046 POLICY NUMBER: 13132 -2004 CERTIFICATE ID: 100 CERTIFICATE EXPIRES: 03 -17 -2005 03 -17- 2004/03 -17 -2005 CITY OF NEWPORT BEACH PUBLIC WORKS DEPT 3300 NEWPORT BLVD NEWPORT BEACH CA 92663 JOB: 32ND STREET TIDE VALVE REPLACEMENT #3667 This is to certify that we -have issue3a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions, of such policies. AUTHORIZED REPRESENTATIVE PRESIDENT VXA- EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 03 -17 -2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF NEWPORT BEACH ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 03 -26 -2004 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF-NEWPORT BEACH - - — -- ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 03 -17 -2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 03 -26 -2004 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH EMPLOYER PACIFIC EQUIPMENT, LLC AND /OR GCI CONSTRUCTION, INC AND /OR CME CORP AND /OR WME, INC 245 FISCHER AVE STE B3 COSTA MESA CA 92626 �ov,s SCIF 1028?E Axe INS c "ho WI If RIN D: Ofi-02 -2000 Pt y you cee a faM wamnnark MN reeCe - OFFICIAL STATE FUND DOCUMEM' PADS 1 : OF 1 JUN -04 -2004 FRI 02;53 PM FAX N0. x #: u Al Fax CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: Q17404 Date Completed: 1,6114104 Sent Company /Person requireJ to have certificate: P. 01 GENERAL LIABILITY A. INSURANCE COMPANY: �i B. AM BEST RATING (A: VII or greater): C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? Y ❑ N D. LIMITS (Must be $1M or greater): What is limit provided? E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? 0 Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? *Yes ❑ No H. CAUTION[ (Confirm that loss or liability of the named insured Is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes XNo 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. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: B. AM BEST RATING (A: Vu C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? kY s [I No D. LIMITS (Must be $1M min. 81 & 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? krYes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulefs $njy): Is it included? /�/if ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mall; per Lauren Farley, the City will accept the endeavor wording. M. WORKERS' COMPENSATION A. INSURANCE COMPANY: B. AM BEST RATING (A: VII i C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? HAVE ALL ABOVE REQUIREMENT$ BEEN MET? U 7 l =M0 a AYes ❑ No ❑ No A Company Profile • Page 1 of 2 Ajk n0a Company Profile insurance FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1400 AMERICAN LANE, 19TH FLOOR TOWER 1 SCHUAMBURG, IL 60196 -1056 800 - 382 -2150 Agent for Service of Process ANDREW K. PLATT, C/O ZURICH NORTH AMERICA 801 N. BRAND BLVD., 13TH FLOOR GLENDALE, CA 91203 Unable to Locate the Agent for Service of Process? .Reference Information NAIC #: 39306 NIAIC Group #: 021212 California Company ID #,: 2479 -4 Date authorized in California: January 01, 1982 License Status: UNLIMITED- NORMAL Company Type: Property & Casualty State of Domicile: MARYLAND Dines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS h}f�• / /rAin c�sn:rcn inenra nra ra rn n,-FA,11, rn ,iF n+1 rtA+ rn r.r,+9, Mr)= OK11 (1 WMA L 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL 32nd STREET TIDE VALVE REPLACEMENT CONTRACT NO. 3667 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. 3667 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 T-� I Dollars and �- Cents Per Lump Sum 2. Lump Sum Traffic Control @FOuC l nm+oanJ Dollars and _Cents Per Lump Sum 3. 10 L.F. Remove and Reconstruct Type "B" PCC Curb Orw, {+u— .r�dtrocQ @ Dollars and Cents Per Linear Foot $ J ✓.: $ 00 $ y $ -.- -, 330.- 4 E 0 PR2of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 25 S.F. Remove and Reconstruct 4" PCC Sidewalk @ C Dollars and Cents $ Leo,'—" 00 $ I'5CO.— Per Square Foot 5. 1,120 S.F. Remove and Reconstruct 8" PCC Pavement @n.l!`0 Dollars and 50 Cents 50 $ �• $ — 4Aol&40_ Per Square Foot 6. 50 S.F. Remove and Reconstruct AC Pavement @ Dollars and --4'1� Cents 00 $ a a - 00 $ .1_, 100 Per Square Foot 7. Lump Sum Construct Tide Gate Structure @�16�00 Dollars and �— Cents oa $ Ito 00O Per Lump Sum 8. Lump Sum Construct Tide Gate, Operator, Controls, and Electrical Service, rle1,rA C) auOancy @ d! Eight Nllnov� Dollars �_ Cents Per Lump Sum T 9. 2 EA. Provide and Install Bollard and Cents $ 500 `= $ �� Per Each ! • PR3of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. Lump Sum Provide As -Built Drawings J @ AK Dollars and Cents Per Lump Sum TOTAL PRICE IN WRITTEN WORDS S e JeAn S we v,7�h TtWJ (1i _'I.lu-r,CW 4&X4 and Cents 5 -ay -ny Date Fox 01q)9510o L33 M14)510,ItLE Bidder's Telephone and Fax Numbers -755-55(,o CW SS F} Bidder's License No(s). and Classification(s) o� U 00 $ —7-7) 9i0.` Total Price (Figures) GC-T Cons +r'ujjDn, InC. Bidder rloyc! (3enr%e-N_ Sec . Tr.eas Bidders Authorized Signat e and Title aq5 Fixher0ve•46-3,C054u N1�5aii Bidder's Address Last saved by soyler05 /04/2004 9:11 AM f.luserslpbwlshared\contracts \masters \32ND STREET TIDE VALVE REPLACEMENT.doc SECTION 3 PUBLIC WORKS DEPARTMENT 3 -3 INDEX 3 -3.2 FOR 3 -3.2.3 SPECIAL PROVISIONS SECTION 4 32nd STREET TIDE VALVE REPLACEMENT 4-1 CONTRACT NO. 3667 4 -1.3 INTRODUCTION 4 -1.3.4 PART 1--- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -3 SUBCONTRACTORS 2 -3.1 General 2 -5 PLANS AND SPECIFICATIONS 2 -5.3.4 Supporting Information 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 i 1 1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 6 -7 TIME OF COMPLETION 4 6 -7.1 General 4 6 -7.2 Working Days 4 6 -7.4 Working Hours 4 6 -9 LIQUIDATED DAMAGES 4 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -7 COOPERATION AND COLLATERAL WORK 5 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 5 7 -10.1 Traffic and Access 5 7 -10.2 Storage of Equipment and Materials in Public Streets 6 7 -10.3 Street Closures, Detours, Barricades 6 7 -10.4 Public Safety 6 7- 10.4.1 Safety Orders 6 7 -10.5 "No Parking" Signs 6 7 -10.7 Notice to Businesses and Residents 7 7 -15 CONTRACTOR'S LICENSES 7 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 7 SECTION 9 MEASUREMENT AND PAYMENT 8 9 -3 PAYMENT 8 9 -3.1 General 8 9 -3.2 Partial and Final Payment 9 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 9 201 -1 PORTLAND CEMENT CONCRETE 9 201 -1.1.2 Concrete Specified by Class 9 201 -2 REINFORCEMENT FOR CONCRETE 9 201 -2.2.1 Reinforcing Steel 9 201 -5 CEMENT MORTAR 10 201 -5.6 Quick Setting Grout 10 SECTION 214 PAVEMENT MARKERS 10 214-4 NONREFLECTIVE PAVEMENT MARKERS 10 214-5 REFLECTIVE PAVEMENT MARKERS 10 SECTION 215 STORM DRAIN FILTER 10 215 -1 GENERAL 10 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 10 300 -1 CLEARING AND GRUBBING 10 300 -1.3 Removal and Disposal of Materials 10 300 -1.3.1 General 10 300 -1.3.2 Requirements 10 300 -1.5 Solid Waste Diversion 11 SECTION 302 ROADWAY SURFACING 11 302 -5 ASPHALT CONCRETE PAVEMENT 11 302 -5.1 General 11 302 -5.4 Tack Coat 11 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 11 302 -6.6 Curing 11 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 11 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 11 303 -5.1 Requirements 11 303 -5.1.1 General 11 303 -5.4 Joints 12 303 -5.4.1 General 12 303 -5.5 Finishing 12 303 -5.5.2 Curb 12 PART 4 SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE, AND UNTREATED BASE MATERIAL 12 400 -2 UNTREATED BASE MATERIAL 12 400 -2.1 General 12 400 -2.1.1 Requirements 12 Last saved by souler05 /04/2004 10:45 AM f \ users \pbw\sbwed\conuacts\maste \mastm for contract set up\master specs mdm-dm ' P • SP 1 OF 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS 32ND STREET TIDE VALVE REPLACEMENT CONTRACT NO. 3667 INTRODUCTION •a All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. D- 5258 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -3 SUBCONTRACTORS 2 -3.1 General. Add to this section: "When connecting to the Edison Electrical Vault construction shall be done by an Edison Approved Contractor." 2 -5 PLANS AND SPECIFICATIONS 2 -5.3.4 Supporting Information. Add to 8): The Contractor's submittals shall include, but not be limited to, the sluice gate, motor operator, electrical controls, and cabinet. Submittals shall be approved prior to ordering any parts or materials. 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of removing interfering portions of existing vault, removing and replacing sluice gate, constructing electric actuator, constructing a new vault lid, connecting electrical facilities, and repairing surface improvements." 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The City will provide construction staking as required to construct the improvements. Any additional stakes or any 0 SP2OF12 restaking, or costs thereof, shall be the responsibility of the Contractor. The Contractor shall notify the City in writing two working days in advance of the time that the stakes are needed. All existing street and property corner monuments are to be preserved. If any monuments are damaged the city will replace damaged monument and the sole expense of the Contractor." 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the City will have the affected survey monuments restored per records, at the Contractor's expense. SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. 3 r • SP30F12 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 start date as designated on the 'Notice to Proceed." No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. SP40F12 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 125 consecutive working days from the "Notice to Proceed ". Up to 100 consecutive working days shall be granted for shop drawing preparation, review and approval, tide valve manufacturing and delivery. No work shall be done on the site until delivery of the tide valve. After receipt of the ride valve the Contractor shall install and complete all construction activities under the contract within 25 consecutive working days. Unavailability of material will not be sufficient reason to grant the Contractor and extension of time." 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 and 5'h, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve — half day), December251h and 26h (Christmas), and December 31s'(New Year's Eve — half day)." 6 -7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 4:30 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 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $60.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $250. •, ". • • SP5OF12 Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $250 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: 'The Contractor may utilize four parking spaces as shown on the plans within the Blockbuster parking lot for storage of materials and equipment. Contractor shall coordinate construction activities with Blockbuster." 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 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. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." ' �,, • SP 6 OF 12 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "The Contractor shall have access to four parking spaces within the Blockbuster parking area (as shown on plans) for storage of equipment and materials. If additional space is needed, it is the Contractor's responsibility to obtain such storage area. No materials or equipment shall be stored on the jobsite site outside of the assigned parking spaces. 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 and detour plan. The Contractor shall be responsible for processing and obtaining approval of the traffic control and detour plan from the City's Traffic Engineer. This plan shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), 2001 Edition. The Contractor shall adhere to the conditions of the traffic control and detour plan. The plan 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." 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, ` • SP7OF12 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 Businesses and 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. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General "A" Contractor's License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 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. f 4 0 • SP8OF12 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 preparing a detour plans, 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. Item No. 3 Remove and Construct P.C.C. Type B Curb: Work under this item shall include sawcutting, removing and disposing of the existing curb, compacting subgrade, reconstructing curb openings of existing curb drains, constructing Type B P.C.C. curb per CNB STD - 182 -L, re- chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 4 Remove and Construct 4 -Inch Thick P.C.C. Sidewalk: Work under this item shall include removing and disposing of the existing sidewalk, subgrade compaction, constructing the 4 -inch thick P.C.C. sidewalk per CNB STD - 180 -L, and all other work items as required, to complete the work in place. Item No. 5 Remove and Reconstruct 8" PCC Pavement: Work under this item shall include sawcutting and removing existing PCC Pavement, recompacting subgrade, constructing 8" PCC Pavement, and all other items as required to complete the work in place. PCC Slabs shall measure 14'x20'. Item No. 6 Remove and Reconstruct AC Pavement: Work under this item shall include sawcutting, removing, and disposing of existing asphalt pavement, compaction, tack coat, placement of 4- inches of asphalt concrete over 6- inches of crushed miscellaneous base, and all other items as required to complete the work in place. 0 SP9OF12 Item No. 7 Construct Tide Gate Structure: Work under this item shall include removing and disposing of existing surface improvements and portions of existing tide gate structure (PCC cover slab and metal cover and frame), excavating, sheeting, shoring, bracing, constructing PCC Bulkhead opening per Detail B of plans, constructing extension of tide gate structure with Bilco Hatch Door per section A -A of plans, backfilling, compacting, disposing of materials, and all other items as required to complete the work in place. All rebar shall be epoxy coated. Item No. 8 Construct Tide Gate, Operator, Controls and Electric Service: Work under this item shall include full compensation for procuring a sluice gate, electric motor operator, controls and components for electric service, and for furnishing the labor, materials, tools and equipment to install the gate, operator, controls and electric service, complete and in place, including testing and certification of installation, setup and operation by representatives from Waterman Industries, Inc. The electrical service shall extend to existing Edison Vault per plans. Item No. 9 Provide and Install Bollard: Work under this item shall include providing and installing a concrete filled metal bollard per Detail D on sheet 1 of the plans, and all other work items as required to complete the work in place. Item No. 10 Provide As -Built Drawings: Work under this item shall include all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the engineer prior to request for progress payment." 9 -3.2 Partial and Final Payment. Add to this section: 'Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: 'Portland Cement concrete for tide gate structure construction shall be Class 650 -C -4000, and for concrete alley construction shall be 560 -C -3250. All cement to be Type IV." 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Epoxy coated Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." 201 -5 CEMENT MORTAR SP 10 OF 12 201 -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 as approved by the city." 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 inlets for all new catch basins that drain into new storm drain systems as shown on the plans. 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 supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly t ~. ' SP 11 OF 12 made to a minimum of two (2) inches." And replace the words "1 '/2 inch" of the last sentence with the words 'two (2) inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 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'/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-1h 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." 303 -5.4 Joints 10 SP 12 OF 12 303 -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 -5.5.2 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." PART 4 SECTION 400 - -- ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General 400 -2.1.1 Requirements. Add to this section: 'The Contractor shall use crushed miscellaneous base as the base materials." F: \USERS \PB\MShared \Contracts\FY 03- 04\32nd STREET TIDE VALVE C- 3667\SPECS C- 3667.doc Last saved by soyler05 /03/2004 5:10 PM 0 • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT c -�9 �V, �f (3 (6/100 -2c0q) Agenda Item No. 13 June 8, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Sean Crumby, P.E. 949 -644 -3311 scrumby@city.newport-beach.ca.us SUBJECT: Ma Jul`` "J8 2004 32 "o STREET TIDE VALVE REPLACEMENT - AWARD OF NO. 3667 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3667 to GCI Construction, Inc. for the Total Bid Price of $77,970.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $7,000 to cover the cost of unforeseen work. 4. Approve a budget amendment in the amount of $10,635.00 from the Tide and. Submerged Land fund balance, 230 -3605, to Tide and Submerged Land, Tidal Valve Replacement Program, 7231- C3170722. DISCUSSION: At 2:00 P.M. on May, 2004 the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low GCI Construction, Inc. $77,970.00 2 Fleming Environmental, Inc. $87,351.75 3 Socal Pacific Construction Corporation $119,970.00 4 Atlas- Allied, Inc. $120,750.00 The low total bid amount is 14 percent below the Engineers Estimate of $91,000. The low bidder, GCI Construction, Inc, possesses a California General "A" Contractors License as required by the project specifications. A check of the Contractors references indicates Subject: 32ntl Street Tide Valve Wernent — Award of Contract No. 3667 , June 8, 2004 Page: 2 they have satisfactorily completed similar projects for Newport Beach and other municipalities. The goal of this project is to replace the manual tide gate valve located at the comer of 32nd Street and Newport Boulevard that drains into the Rivo Alto Channel with a motorized tide gate valve. To do this the contractor shall remove the interfering portions of existing vault, remove and replace the sluice gate, construct an electric actuator, construct a new vault lid, connect electrical facilities, and repair existing surface improvements Per the Contract Specifications the Contractor will have 25 consecutive working days to complete the work. Environmental Review: This project is 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: Even though the bid was well below the Engineers Estimate, the funds budgeted for this project as part of the Capital Improvement Program budget process are not sufficient to cover the actual cost of the project. Upon approval of the recommended Budget Amendment, sufficient funds will be available in the following account for the project: Account Description Account Number Amount Tide and Submerged Land 7231- C3170722 $84,970.00 Prepared by: Itins Sean Crumby, P.E. Associate Civil Engineer Attachments: Project Location Map Bid Summary Budget Amendment Submitted by: Badum s Director U Mw W O a 3 W Z LL O F V F Z W a W 0 w Y Q J m IL lil Q Q W F U O w N Y W U Q U U Z F OQ Q p U O N J Q m mm 0o a �lci E m o 0 M � U U q N H Z W f W 5 IL W z LU J W Q LU F ~ W IN W F 00Z N Z W - Q Q� i F n W W W F ? � H O Z It P-UWa Ll w a °o, OO °oS ? 00 °- Z °o °o °0 00 00 00 00 °. o° U D 0 0 0 N O O N O 2 O N r fV V W c O Q W U Lu w 8. m 0 0 0 0 S 0 0 0 0 0 V o 0 o O o 0 0 0 0 a on 0000 00 OO Oo 00 Zoo-- o m p 0 N M M O O O N O pp O O 00 O O O N O N O O O O C F- O O Y1 fD �D fV O^ to Z V M NN 8 O— 00 eD N 19 O N N W N N N C Q n E ro 0 C 000 O N N N O O O O W 00 N N N N O O O O O = O K O M V N O N tp O O N t0 OO n p N V N d 0 N N N N LL o o o o 0 0 0 0 00 0 o 0 0 0 O o 0 0 0 F o 0 0 0 0 0 0 0 °m 08 0 c ZSoMo� -00 om O 70, -7 C5 z6 0 c ' pk 0 Q r N U O o 0 o a o 0 0 0 0 0 0 0 o N o 0 0 0 0 ~ 0 0 M 0 N 0 O o 0 3j U c00 Ur Z O O r O W 0 t0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 o O O O O o 0 20000000 0 00 0 Z 0 O 0 O o N N o 0 N 0 0 O 0 0 0 m Z) L6 N N N O N N N N O E0- - <`+ M w Q rn N d m 0 0 0 0 0 0 0 0 00 80 0 0 0 0 0 = 0 O O O o 0 O S o W Z O O N O O V N W N N N W M J J J J co N J J W J H O Q' r O N N M_ N .- D n c c Uo> a�i o a m a in c Z m U U U a Hew Q m U 22 u 5 u ay0 2 a c .2 WC C C C m p X 8 8 8,6 N Q ommm�99'Z9' °c °c °c °c `mm c F-Fy _4 N 0 N m 0 > > 0 >> 2 5.3 m0 n 7e E E E E c c j B H K K K U U W= a W N MIT, f0 h GD -H Ll w a O T O a C6 U N M w (w7 W Z fn � W W F- W Z_ 00 zIx wa 0 0 N d W N a �- 00 O O 0 o o 0 o 0 o 0 O o O O n o o O o0 Z 0O000o( 000000 Oo OOo 0 0 M N CW V O 0 0 0 c O O 0 (O O (V -7 (n D Q N N a 0 0 0 0 0 0 0 O O 00 N 0 0 0 0 0 0 0 O O M O O o Q F-OO O O O—(OO O O N O = O (l1 N V p0 V J J J J J (n y J w J } H H o N � 0 1n y C D C N 0 U � > 0 O a y d 0 O z 0 U 0 0. a d d 0 p U 2ZS J. 0- c U) c c c c d m 0 m � p` 0 2'KKix Z C c c c D D D °° o C 0 H F- N m m U d d d v >> U m m 0 0 0 0 y f F K K w U U W N d w w�NMa(nmr ro m0 r 0 N d W N a C� of Newport Beacf�� NO. BA- 04BA -067 BUDGET AMENDMENT 2003 -04 AMOUNT: $10,635.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance �X Increase Expenditure Appropriations AhW X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations for the 32nd Street Tide Valve Replacement Project, C -3667. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 230 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Tidelands Fund Fund Balance Description Signed Administrative Appr6val: City Manager Amount Debit Credit $10,635.00 $10,635.00 Date Dat Signed: City Council Approval: City Clerk Date Description Division Number 7231 Tidelands Account Number C3170722 Tidal Valve Replacement Project Division Number Account Number Division Number Account Number Division Number Account Number Signed: Financial Approval: Administrative Services Director Signed Administrative Appr6val: City Manager Amount Debit Credit $10,635.00 $10,635.00 Date Dat Signed: City Council Approval: City Clerk Date 4fity of Newport Be NO. BA- 14BA0 6�0� BUDGET AMENDMENT 2003 -04 AMOUNT: $1o,s35.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance �X Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations for the 32nd Street Tide Valve Replacement Project, C -3667. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 230 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Tidelands Fund Fund Balance Description Signed: Signed: Signed: Financial Services Director City Council Approval: City Clerk Amount Debit Credit $10,635.00 $10,635.00 Date 0 Dat 0 Date Description Division Number 7231 Tidelands Account Number C3170722 Tidal Valve Replacement Project Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: Financial Services Director City Council Approval: City Clerk Amount Debit Credit $10,635.00 $10,635.00 Date 0 Dat 0 Date