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HomeMy WebLinkAboutC-3670 - Ultra Urban Storm Drain Filters for Balboa Boulevard from Medina to 12th Street and 16th to 19th Street0 • RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in Official Records, County of Orange Tom Daly, Clerk- Recorder 411111NIIli{ IIIIIIIII{' IIIIICIIII' iNIIIIIIIINIIIIIIIlIIII !IIIIIIINO FEE 2004000279097 RD= 04105104 117 92 N12 1 0.00 0.00 000 0.00 0.00 0.00 o.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 Asbury Environmental Services, of Fontana California, as Contractor, entered into a Contract on November 25, 2003. Said Contract set forth certain improvements, as follows: Balboa Blvd. Catch Basin Filters (C -3670) Work on said Contract was completed on February 27, 2004 and was found to be acceptable on March 23. 2004, by the City Council. I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on at Newport Beach, California. BY City Clerk • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 11 March 23, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department CIT °r °0��N-�%�i �� °+e� R.Gunther, P.E. 949 - 644 -3311 rgunther @city.newport- beach.ca.us i17r� ED SUBJECT: BALBOA BOULEVARD CATCH BASIN FILTERS — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3670 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. • 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On November 25, 2003, the City Council authorized the award of the Balboa Catch Basin Filters contract to Asbury Environmental Services. The contract provided for the installation of 58 Ultra Urban Stainless Steel Filters. These filter systems included screens and microbial polymer "Smart Sponge" paks designed to capture bacteria. They were installed on Balboa Boulevard between 12`h Street and Medina Way and between 16`h Street and 19'h Street. 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: $77,430.00 Actual amount of bid items constructed: 77,430.00 Total amount of change orders: 0.00 Final contract cost: $77,430.00 • No Change Orders were issued for the project. SUBJECT: Balboa Boulevard C asin Filters - Completion And Acceptance of Con SNo. 3670 March 23, 2004 Page .2 .___ . Environmental Review: This contract was part of the Newport/Balboa Boulevard, 16' Street to 26" Street Rehabilitation project, Contract No. 3373, which per Federal funding requirements, a negative archaeological and historic /cultural study and report was completed. A categorical exemption was issued for the work. No other environmental reviews were required. Funding Availability: Funds for the project were expended from the following account: Account Description Account Number Amount Storm Drain Improvements 7012- C510008 $77,430.00 All work was completed by the contract completion date of February 27, 2004 Prepared by: n Submitted b R Gunther P.E. � G Baclum Construction Engineer Public Works Director 9 9 r Harkless, LaVonne From: Locey, Mary Sent: Thursday, March 18, 2004 12:37 PM To: City Clerk's Office Cc: Gunther, Robert; Patapoff, Bill; Rooks, Shari Subject: Balboa Blvd Catch Basin Filters C -3670 �` C -3(`70 As per our discussion, the March 23, 2004 Council acceptance report Recommendations 3 and 4 are not valid. This was an informal contract and we did not have the Labor and Material Bond or the Faithful Performance Bond, therefore, no action is to be taken after the meeting on the 23rd. Please let me know if you have any questions or need further information. Mary Locey Public Works Specialist City of Newport Beach 949 - 644 -3311 Y� C • 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC March 30. 2004 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for: 1) Balboa Blvd. Catch Basin Filter (C -3670) Please record the enclosed document and return to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, CMC 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 • 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Asbury Environmental Services, of Fontana California, as Contractor, entered into a Contract on November 25, 2003. Said Contract set forth certain improvements, as follows: Balboa Blvd. Catch Basin Filters (C -3670 Work on said Contract was completed on February 27 2004, and was found to be acceptable on March 23. 2004, by the City Council. VE I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on �Q, oZOO / at Newport Beach, California. BY City Clerk City or Newport Beach Regular Meeting November 25, 2003 I] burning fireplaces that are right at the lot line. City Manager Bludau indicated that staff is looking into this and will come back to the City Council. • Council Member Heffernan requested an update regarding the INDEX telecommunications ordinance. City Manager Bludau reported that it will be agendized for the December 9, 20032 City Council meeting. CONSENT CALENDAR READING OF MI_NUTES/ORDINANCES AND RESOLUTIONS 1. Item removed from the Consent Calendar at the request of a member of the audience. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. CONTRACTS AND AGREEMENTS 3. NEWPORT BOULEVARDIBALBOA BOULEVARD - 26TH STREET C -3373 / C -3670 TO 16TH STREET - COMPLETION AND ACCEPTANCE OF Newport CONTRACT (C- 3373). 1) Accept the work; 2) authorize the City Clerk Boulevard/ to file a Notice of Completion; 3) authorize the City Clerk to release the Balboa Labor and Materials bond 35 days after the Notice of Completion has Boulevard been recorded in accordance with applicable portions of the Civil Code; (38) 4) release the Faithful Performance bond 1 year after Council acceptance; and 5) authorize a contract for $77,430 with Asbury Environmental Services (AES) to install the 58 Ultra Urban Filters that were deleted from this project through Change Order No. 4. 4. FIRE STATION NO. 3 PAVEMENT RECONSTRUCTION - C -3605 COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3605). Fire Station 1) Accept the work; 2) authorize the City Clerk to file a Notice of No. 3 Pavement Completion; 3) authorize the City Clerk to release the Labor and Reconstruction Materials bond 35 days after the Notice of Completion has been recorded (38) in accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance bond 1 year after Council acceptance. 5. OCEAN FRONT BEACH ACCESS WALKWAYS - COMPLETION C -3378 AND ACCEPTANCE OF CONTRACT (C- 3378). 1) Accept the work; Ocean Front 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the Beach Access City Clerk to release the Labor and Materials bond 35 days after the Walkways Notice of Completion has been recorded in accordance with applicable (38) portions of the Civil Code; and 4) release the Faithful Performance bond 1 year after Council acceptance. 6. HARBOR VIEW NATURE PARK - MISCELLANEOUS SLOPE C -3567 REPAIRS - COMPLETION AND ACCEPTANCE OF CONTRACT Harbor View (C- 3567). 1) Accept the work; 2) authorize the City Clerk to file a Notice Nature Park - of Completion; 3) authorize the City Clerk to release the Labor and Slope Repairs Volume 56 - Page 515 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 41 ULTRA URBAN STORM DRAIN FILTERS FOR BALBOA BOULEVARD FROM MEDINA TO 12TH STREET AND 16TH TO 19TH STREET CONTRACT NO. 3670 CONTRACT THIS AGREEMENT, entered into this.,- day of Q .. , 2003, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and ASBURY ENVIRONMENTAL SERVICES, hereinafter "Contractor," is made with reference to the following facts: Project Description: ULTRA URBAN STORM DRAIN FILTERS FOR BALBOA BOULEVARD FROM MEDINA WAY TO 12TH STREET AND 16TH STREET TO 19TH STREET Contract No: 3670 WHEREAS, Contractor has provided a bid to complete the work on Balboa Boulevard, which was deleted from Contract No. 3373 (Newport Boulevard Rehabiiltation from 16f" to 26' Street) and this bid is at the same cost as provided to the previous Contractor. NOW, THEREFORE, City and Contractor agree as follows A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Scope of Work (attached as Exhibit A), Permits, and Shop Drawings for Contract No. 3670, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project per Exhibit A attached hereto. 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. 0 0 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Seventy -Seven Thousand, Four Hundred Thirty and 00/100 Dollars ($77,430.00). 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: Bill Patapoff, P.E. (949) 644 -3311 CONTRACTOR ASBURY ENVIRONMENTAL SERVICES 1' )579 Whittram Avenue Fontana, CA 92335 909 -356 -0245 909 - 356 -6993 Fax F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "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 0 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c1, Wnrkers' 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. 0 0 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. Contractors insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 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. 0 0 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 F,rticle 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. 0 K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: \a CITY OF NEWPORT BEACH " A Municipal Corporation By CITY CLERK Mayor APPROVED AS TO FORM: CITY ATTORNEY ASBURY ENVIRONMENTAL SERVICES Authorized Signature and Title F:\JSERS \?BW,,Shared \Contracts \FY 03- 04 \Ulim Urban Storm Drain Filters C- 3670 \CONTRACT C- 3670.doc PSRURY ENVIRONMENTAL SERVICES October 22. 2003 Mr. Bill Patapoff City of Newport Beach 3300 Newport Blvd: Newport Beach, Ca 92658 (949) 6443311 Phone (949) 644 -3318 Fax Mr. Patapoff; A%e at Asbury Environmental Services (ABS) would like to take the t�sie to thank you for the opportunity to provide you with the following project quotation. At ABS customer satisfaction through excellent service remains our goal and we look forward to working with you in the future. RENJSED Scope of Work Provide / Install Measure Screens and PolymerPaks with Smart Sponge Plus (with antimicrobial inside) in thirty -eight (38) catch basins (56 curb inlets openings) located on Balboa Blvd (between 12' and Medina and l6-° and 19`°) Proposed Project Cost • 177,430.00 . (Including prevailing wage paid at current local determina on) • • Schedule • Manufacturing lead time: Three (3) business weeks from project confirmation with approved quotation. • Installation: Additional four. (4) business weeks from manufacturing completion date. • Estimated project duration: Seven (7) business weeks. Assumptions, Exclusions, and Limitations • All material used in completing the above Scope of Work shall be constructed of stainless steel with the exception of the wheels which are zinc plated carbon steel with sealed ball bearing roller mechanisms. • Should circumstances not outlined in the Scope of Work section be encountered a change order will need to be issued to continue work. • Price quotation based on field measurements made by AES with information provided by the City of Newport Beach. • Price quotation valid for 90 days. • Terms: Payment per contract language. • All measurements are to be confirmed by the customer prior to fabrication ' manufacturing unless prior arrangements have been made. • No warranty shall apply without installation by an approved installer. • A (10) ten -year manufacturer material corrosion warranty shall apply to all stainless steel parts and materials, unless otherwise specified. • A (5) five -year manufacturer material corrosion warranty shall apply to all zinc plated parts and materials. • A (1) one -year installation warranty shall apply to all AES installed equipment as specified herein. • Others shall meet any licenses, permits or regulatory requirements. • Working hours: Monday — Friday 0700 —1600. • This price quotation does not include prevailing wage unless otherwise indicated. • Traffic control to be provided by AES per W.A.T.C.H. manual. Should you have any questions or concerns please contact me directly at (909) 376 4309. Sincerely, E � Shannon. Munger 0 0 ACOR . CERTIFICATE OF LIABILITY INSURANCE page 1 of 3 12/19/2003 PRODUCER 877- 559 -6769 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis 9orth America, Inc. - Regional cart canter 11201 N. Tatum Boulevard HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. POLICY NUMBER *suite 300 Phoenix, M 85028 INSURERS AFFORDING COVERAGE INBlIREO lubury S irommentel ae'icea INSURERA Anericao Boma Aaauramce Cc=p"y 19380 -001 2100 North Alameda street Compton, G 90222 NSLIRER a. National Limon fire IDeuraoca Co. of Pitt 19445 -001 NSURERQ EACHOCCURRENCE INSURER-: FIRE DAWGE M orleare INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPEOFINWRAMCE POLICY NUMBER PRAGRNME P&MMMIRN LNITS A DENERALUABBJI'I 3602066 10/31/2003 10/31/2004 EACHOCCURRENCE 5 9001ODD FIRE DAWGE M orleare S COMMERCIAL GENERAL LIABILITY CWMSMAOE ®OCCUR MEDDLP aw S PERSONAL a ADV INJURY S GENERAL AGGREGATE $ 1.900,000 GEN'L AGGREGATE LIMRAPPLIES PER PRODUCTS- COMPIOPAGG S--L1iU0--0 00 POLICY T LOC A AVTONOaSE UAe1Lm ANY AUTO 72041$2 10/31/2003 10/31/2004 COMBINED SINGLE LIMIT (Ea a nf) S 1,000,000 BODILY INJURY (ParcaPln) S ALLOYMEO AUT0.5 SCHEWLEDAUTOS BODILY INJURY (P°f B�en11 E HIREDAUTOS NON-OWNEOAUTOS PROPERTYDAWGE (Pv,eratlen0 E A11 Cosmarical Autos OARAGEuAGiLITY AUTOONLY- EAACCIOENT f OTHERTHAN EAACC E ANYALIO S AUTO ONLY: AGG B EXCESS LIAELRY 382988057 10/31/2003 10/31/2004 EACH OCCURRENCE OCCUR CWMS MADE AGGREGATE S $ If 'S DEDUCTIBLE S RETENTION S YIORI 8 CONPEN3ATION AND EMPLOYERS'LWLRY CC TORYT O R E.L EACH ACtlOENT E E.L. DISEASE - EA EMPLOYEE, S E.L. DISEASE - POLICY LIMB Is OTHER -T MCRFRDNWOPERATION310CARONLVEMCLEyEXCLWIONSADOFDBYENDORSEMENTI CL PROVISIDW General Liability Policy Limits are excess of $ 100,000 Self Insured Retention each Accident Contract No. 3670 - Ultra Urban Storm Drain Filters for Balboa Blvd. from Medina Way to 12th Street and 16th Street to 19th Street The City of Newport Beach, its officers, agents, and officials, employees and volunteers are a DE pyinary and non-contributory with any othaT- CERTIFICATE HOLDER I I ADOMNAL INauREn: NBMRER LETTER: CANCELLATION ACORD 25- S(7197) CO11:881878 Tp1:214828 Cert:3746261 ©ACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE E IRATNIN DATE THEREOF, THE 133WNG INSURER WILL ENDEAVOR TO WIL 30 DAY3 WRITTEN NOTICE TO WE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 30 SHALL City of Newport Beach Public works Dept. IMPOSE NO OBLIGATION OR LIABILITY OF ANY HIND UPON THE INSURER R3 AGENTS OR REPRES NTATNEe. REPR Ta 3300 Newport Blvd. Newport Beach, G 92663 ACORD 25- S(7197) CO11:881878 Tp1:214828 Cert:3746261 ©ACORD CORPORATION 1988 0 E CERTIFICATE HOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142 -0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE DECEMBER 30, 2003 GROUP: POLICY NUMBER: 1532718 -2003 CERTIFICATE ID: 629 CERTIFICATE EXPIRES: 02 -15 -2004 02- 15- 2003/02 -15 -2004 CITY OF NEWPORT.BEACH PUBLIC WORKS DEPT 3300 NEWPORT BLVD NEWPORT BEACH CA 92658 -8915 CONTRACT #3670 - ULTRA URBAN DRAIN FILTERS FOR BALBOA BOULEVARD FROM MEDINA TO 12TH STREET AND 16TH STREET This is to certify that we have issued a valid Worker's Compensation insurance policy in a forth approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject.to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration This certificate of insurance is not an insurance policy and does not amend, extend or after the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificete 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. AURiORVCn REPRESENTAlNE A�,, e. 6� PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 02 -15 -2001 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 12 -30 -2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 02 -15 -2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER ASBURY ENVIRONMENTAL SERVICES 1300 S SANTA FE AVE COMPTON CA 90221 SCIF 10262E (EPF -Ul: DMNI 0 Wilk CERTIFICATE OF LIABILITY INSURANCE Peg. 2 of 37 12/19/2003 PBODUOER 877- 559 -6769 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willi. Forth Ae+rlea, Inc. - segiomal Cart center 11201 N. Tatum Boulevard HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Butte 300 Pboamir, Az 85018 INSURERS AFFORDING COVERAGE INBUFED Aabury Environmental Sarvicea INSURERA American Bose Aaaurance C —Y 19380 -001 2100 Borth Alamada Street Compton, CA 90222 INSURERB: Motional Onion Fire Iunureoca Co, of Pitt 19445 -001 MSURERC'. INSURER D- INSURERE �M OF OPEMiIONaILOfJ1T10MWE1pCLERl6 %CLU &OMB ADDED BY E�/ *W.PROV1610N4 insurance in force. Endorsenant attached Co11:881878 Tpl:214828 Cert:3746261 0 0 Page 3 of 3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or after the coverage afforded by the policies listed thereon. ACORD 25- S(TMT) Co11:881878 1Yr1:214828 Cert:3746261 r� 0 POLICY NUMBER: 3602066 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of Newport Beach, its officers, officials, employees and volunteers (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. It is further agreed that such insurance as is afforded by this policy for the benefit of the above Additional Insured(s) shall be primary insurance as respects any claim, loss or liability arising out of the Named Insureds) operations, and any other insurance maintained by the Additional Insured(s) shall be excess and non- contributory with the insurance provided hereunder, Re: Contract Number 3670 Ultra.Urban Storm Drain Filters for Balboa Boulevard from Medina to 12th Street and 16th to 19th Street CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 ❑ 0 0 POLICY NUMBER: 7204152 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not after coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Countersigned By: 10/31/03 Named Insured: Asbury Environmental Services. Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): City of Newport Beach, its officers, officials, employees and Volunteers (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. *And as shown..�in "Additional Insured -- Where required under contract:�or, agreement" endorsement number 61713 *RE: Contract Number 3670 - Ultra urban storm drain filters for Balboa Blvd from Medina to 12th Street and 16th to 19th Street CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 ❑ an 05 04 01:01p Brown & Brown 714 - 923 -1972 p.1 Fax #: �l i [ ' l[ `1 .3 3 i CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: ��' 3/ (7 3 Dept. /Contact Received From: av-Inti.- \ (X Y Date Completed: I— S - Oq Sent to: 51�cw--. -"0_ _By: Avl,i ( /a,� Company /Person required to have certificate: Vi rcrn I. GENERAL LIABILITY A. INSURANCE COMPANY: J 7 h� B. AM BEST RATING (A: VII or greater): 7 k 1/ C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? Yes No D. LIMITS (Must be $1M or greater): What is limit provided? rvl E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? L!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 kNo I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY /n A. INSURANCE COMPANY: A CL, B. AM BEST RATING (A: VII or greater): 49- 7 K C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? )i Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? _ Yr� E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Yes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): / )G` Is it included? ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail, per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION _ _r A. INSURANCE COMPANY: ,S-_h&tf_ Got, � .�a T-h`j. -U n Ll B. AM BEST RATING (A: VII or greater): tj yCt t C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ,Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IzYes ❑ No IF NO, WHICH ITEMS NEED TO BE COMPLETED? 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT E Agenda Item No. 3 November 25, 2003 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: NEWPORT BOULEVARD /BALBOA BOULEVARD — 26T" STREET TO 16T STREET - COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3373 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. 5. Authorize a contract for $77,430 with Asbury Environmental Services (AES) to install the 58 Ultra Urban Filters that were deleted from this project through Change Order No. 4. DISCUSSION: On December 17, 2002, the City Council authorized the award of the Newport Boulevard /Balboa Boulevard Roadway and Storm Drain Rehabilitation contract to Sully Miller Contracting Company (Sully Miller) of Anaheim, California. The contract provided for the rehabilitation of the roadway with new asphalt pavement underlain by glass -grid fabric. The work also included the installation of new stone drains, storm drain inlets, and the construction of new and widened sidewalks. 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: $1,767,365.00 Actual amount of bid items constructed: $1,386,747.86 Total amount of change orders: $58,547.66 Final contract cost: $1,445,295.52 SUBJECT: Newport Boulevard,60 a Boulevard -26' Street To 16° Street -Completion Acceptance Of Contract No. 3373 November 25, 2003 Page 2 The decrease in the amount of actual bid items constructed under the original bid amount resulted from the decrease in quantities for asphalt base, surface course, and the deletion of the storm drain filter systems. The final overall construction cost including Change Orders was 18.22 percent under the original bid amount. This project was approved by the Orange County Transportation Authority for competitive Federal Arterial Highway Rehabilitation Program (AHRP) funds. The funding obligation and reimbursement from the Federal Highway Administration are processed through Caltrans. A total of four Change Orders totaling $58,547.66 were issued to complete the project. They were as follows: A Change Order in the amount of $44,219.16 provided addional street reconstruction, work. storm drain additions, rail -bed removal and miscellaneous extra 2. A Change Order in the amount removal and replacement. 3. A Change Order in the amount survey work. 4. A final Change Order deleted (deletion of $87,000.00), which contract. of $10,394.70 provided pavement reinforcing of $3,933.80 provided additional construction bid item 14 for the storm drain filter systems are proposed to be done by another separate Staff recommends that the storm drain funds deleted from the contract be used to contract with AES to install the Ultra Urban Filter Systems in the storm drain inlets along the project. These are very specialized items which require a specialized contractor for production and installation. Sully Miller had subcontracted with AES to install the catch basin filters for $87,000. The filters were to be the standard basket -type made of stainless steel with the standard Ultra Urban Filters. During construction, it was discovered that the standard filters would not fit into the shallow storm drain inlets. Therefore a modified system was installed during this past summer. This system was part stainless steel and part painted metal and was not acceptable to the City. Meanwhile, all of the other work was completed by Sully Miller and is ready for acceptance. Sully Miller requested that the City accept all of the completed work and delete the catch basin filters from their contract. AES and the City agreed to do this as long as AES would remove and replace the non - stainless steel parts with stainless steel under a separate contract to be approved by the City Council. AES would also upgrade the filters to the Smart Sponge with an antimicrobial agent, which is designed to capture bacteria. City staff has prepared a contract to accomplish the work with AES for $77,430, which is about $10,000 less than the bid amount of Sully Miller. Staff recommends approval of the contract with AES and to fund it through the cost savings in the Storm Drain Account No. 7012- C5100008. SUBJECT: Newport BoulevardlB*Boulevard — 20 Street To 16' Street- Completion An3'A"'pt.0f Contract No. 3373 November 25, 2003 Page 3 Funds for the project were expended from the following accounts: Description Measure -M Tumback AHRP AB2928 Storm Drain Improvements Sidewalk, Curb and Gutter Account No. 7281- C5100593 7285- C5100593 7191- C5100593 7012- C5100008 7013- C5100020 Total Amount $270,138.06 $435,773.40 $361,928.96 $300,433.10 $77,022.00 $1,445,295.52 Asphalt paving was completed on May 30, 2003, the original completion date. All other work was completed on September 19, 2003, the revised completion date. Environmental Review: Per Federal funding requirements, a negative archaeological and historic/cultural study and report was completed for this project. A categorical exemption was issued for the work. No other environmental reviews were required. Prepared by: V. (�'--- R. Gunther, P.E. Construction Engineer Attachment: Contract with AES Submitted by: Richard Edmonston Acting Public Works Director 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ULTRA URBAN STORM DRAIN FILTERS FOR BALBOA BOULEVARD FROM MEDINA TO 12TH STREET AND 16TH TO 19TH STREET CONTRACT NO. 3670 CONTRACT THIS AGREEMENT, entered into this _ day of , 2003, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and ASBURY ENVIRONMENTAL SERVICES, hereinafter "Contractor," is made with reference to the following facts: Project Description: ULTRA URBAN STORM DRAIN FILTERS FOR BALBOA BOULEVARD FROM MEDINA WAY TO 12TH STREET AND 16TH STREET TO 19TH STREET Contract No: 3670 WHEREAS, Contractor has provided a bid to complete the work on Balboa Boulevard, which was deleted from Contract No. 3373 (Newport Boulevard Rehabilitation from 16' to 26' Street) and this bid is at the same cost as provided to the previous Contractor. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Scope of Work (attached as Exhibit A), Permits, and Shop Drawings for Contract No. 3670, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project per Exhibit A attached hereto. 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. 0 0 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Seventy -Seven Thousand, Four Hundred Thirty and 00 /100 Dollars ($77,430.00). 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: Bill Patapoff, P.E. (949) 644 -3311 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: CONTRACTOR ASBURY ENVIRONMENTAL SERVICES 13579 Whittram Avenue Fontana, CA 92335 909 - 356 -0245 909 - 356 -6993 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 2 0 0 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shalt 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 1173) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self - insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • 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. 4 • 6. Right to Stop Work for Non - Compliance 11 City shall have the right to direct the Contractor to slop work under this Agreement andlor withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner. for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractors work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. I. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY CITY OF NEWPORT BEACH A Municipal Corporation Bv: Mayor ASBURY ENVIRONMENTAL SERVICES By: Authorized Signature and Title F:VUSERSTBWSharedtContractS" 03-041URra Urban Stonn Drain FOters C- 367MCONTRACT C- 3670.d= 19 � Ex ri, � ► �- A • =Y Wj ASBURY ENVIRONMENTAL SERVICES October 22, 2003 Mr. Bill Patapoff City of Newport Beach 3300 Newport Blvd. Newport Beach, Ca 92658 (949) 6443311 Pbone (949) 644 -3318 Fax Mr. Patapoff, F KIT 2 7 2003 .�`..,y .,.,�. 1'i :::;::: �VYiF�.1 i ...:: 1bZi� C{ i Y OF NEWPORT .. ,-...1 H We at Asbury Environmental Services (AES) would like to take the time to thank you for the opportunity to provide you with the following proj ect quotation. At AES customer satisfaction through excellent service remains our goal and we look forward to working with you in the future. REVISED Scone of Work • Provide/ Install Measure Screens and PolymerPaks with Smart Sponge Plus (with antimicrobial inside) in thirty -eight (38) catch basins (56 curb inlets openings) located on Balboa Blvd. (between 120' and Medina and 160' and 190'). Proposed Project Cost • $77,430.00 (Including prevailing wage paid at current local determination) — -- n .-. ,, - ", yea "', " "DOn DA= rR im 440._L4nn 0 Schedule 0 • Manufacturing lead time: Three (3) business weeks from project confirmation with approved quotation. • Installation: Additional four (4) business weeks from manufacturing completion date. • Estimated project duration: Seven (7) business weeks. Assumptions, Exclusions, and Limitations • All material used m completing the above Scope of Work shall be constructed of stainless steel with the exception of the wheels which are zinc plated carbon steel with sealed ball bearing roller mechanisms. • Should circumstances not outlined in the Scope of Work section be encountered a change order will need to be issued to continue work. • Price quotation based on field measurements made by AES with information provided by the City of Newport Beach. • Price quotation valid for 90 days. • Terms: Payment per contract language. • All measurements are to be confirmed by the customer prior to fabrication I manufacturing unless prior arrangements have been made. • No warranty shall apply without installation by an approved installer. • A (10) ten -year manufacturer material corrosion warranty shall apply to all stainless steel parts and materials, unless otherwise specified. • A (5) five -year manufacturer material corrosion warranty shall apply to all zinc plated parts and materials. • A (1) one -year installation warranty shall apply to all AES installed equipment as specified herein. • Others shall meet any licenses, permits or regulatory requirements. • Working hours: Monday — Friday 0700 —1600. • This price quotation does not include prevailing wage unless otherwise indicated. • Traffic control to be provided by AES per W.A.T.C.H. manual. Should you have any questions or concerns please contact me directly at (909) 376 4309. rncerely, Shannon Munger