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HomeMy WebLinkAboutC-3453 - West Newport Sewer Main Replacement Project0 • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC June 25, 2003 A.D. General Engineering 2829 N. Glenoaks Blvd., Suite 106/101 Burbank, CA 91504 -2660 Subject: West Newport Sewer Main Replacement (C -3453) To Whom It May Concern: On June 25, 2002, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on August 14, 2002. The Surety for the contract is Indemnity Company of California, and the bond number is 831718P. Enclosed is the Faithful Performance Bond. Siin(�cerely, a G%crx �✓ LaVonne M. Hakless, CMC City Clerk LMH:Iib cc: Public Works Department Michael J. Sinacori, Construction Engineer 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 StP. -13' 01 ITHU) 08 :54 ALLEN LA"* TEL:818 348 547; P.003 BOND N0, 831718P PREMIl1M: $2,290.00 EXECUTED IN TRIPLICATE PAGE 16 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT SEWER MAIN REPLACEMENT CONTRACT NO. 3453 BOND NO. 831718P FAITHFUL PFRFORWNCE BOND The premium charges on this Bond is $ Two Thousand Two Hundred Ni nety and 00 /100 being at the rate of $ Twenty Dollars Per thousand of the Contract price. WHEREAS, the City of Newport Beach, State of Cafiforrda, awarded to A.D. General Engineering construction, km, fnrrematter designated as the °Prineipar. a contract for construction of WEST NEWPORT SEWER MAIN REPL CMENT, Contract No. 3453 in the City of Newport Beach. in strict conformity with the plans, drawings, specificatiorts, and other Contract Documents maintained in ft 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. 3453 and the temps thereof require the furnishing of a Bond for the faithful performance of the Contract: NOW. THEREFORF_ we, the Principal, and INDEMNITY COMPANY OF CALIFORNIA _ dilly authofized to transact business under the laws of the state of Cafiforria as Surety (hereinafter -Sunetyl. are held and firmly bound undo the City of Newport Beach, in the sum of one hundred fourteen thousand, five hundred forty and 00(100 Dollars ($114,540.00) lawful money of the Unded States of America, said sum being equal to 100;6 of the estimated arnount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment vuell and truly to be made. we bind ourselves, our heirs, executors and administrators, successors, or assigm jointly and severally. fly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH. that I the Principal, or the Prtnapal's heirs, executors, administrators, successors, or assignm tail to abide by. and well and itvly keep and perform any or all the work, covenants, conditions, and agreements In the Contract Documents and any alteration thereof made as therein provided an its part, to be kept and performed at the time and in the manner therein specified. and in an 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; otherwitse this obligation shall became null and void. SIP, -13' 01(THU) 08:59 ALLEN LAKE TEL:8I8 348 5J71 P.004 PAGE 17 As a part of the obligation segued 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, insured 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 ttds Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terns of the Contract or to the work to be performed thereunder or to the specifications accompanying the some shag in any way affed its obligations on this Bond. and it does hereby waive notice of any such change. extension of tune, 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 Vie date of forma! 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 13th dayof September 2001. A.O. GENERAL' ENGINEERING CONSTRUCTION �. Name of Contractor (Principal) A oraed Signal Ue Scott A. Snyd Presi e' INDEMNITY COMPANY OF CALIFORNIA I Name of Swett' Agent Signature 17780 Fitch #200 Irvine, CA 92714 Address of Surety 800 782 -1546 Telephone ,C. Michael Henley Attorney -In -fact Print Name and Title VOTARY ACKNOWLWGNHf M OF CONTRACTOR AND SURETY MUST BE ATTACHED POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE, CA 92623 . (949) 263 -3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each severally, but notjointly, hereby make, constitute and appoint: * * *C. MICHAEL HENLEY, JOINTLY OR SEVERALLY * ** as the true and lawful Attorrrey(s) -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s) -in -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the atomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 8`h day of November, 2000. By: David H. Rhodes, Executive Vice President By: V v Walter A. Crowell, Secretary STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) Y AND /N °•.•••• OOVANYO.c� ....PO... O� R.9j:':4i • ,G OPPOggA 0 9 )P SEAL 0C 5 1967 1936 rOWF ,•`LD' cgUFOFNxP On November 8, 2000, before me, Diane J. Kawata, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. SiSignature i. CERTIFICATE DUWE J. KAWATA COMM. #1187828 NOTARY PUBUC- CALIFORNIA E m ORANGE COUNTY My Cantu Ev. Jan. 8, 2002 The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force of the da of this Cc fi�cat�et.. p� This Certificate is executed in the City of Irvine, California, the day of , Y i of Y (/(t l 7 • David G. Lane, Chief Operating Officer State of California County of Los Angeles On (3i j /o f before me, Veronica Lynn Sognalian, Notary Public, perso ally appeared C. Michael Henley who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. z.. r22, Z;a j 0 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California ss. County of 1�7,� AXl el Onq Date personally appeared J VESNA PERIC y : COMM. 61218676 ¢ NOTARY PUBLICLALIFORNIAr!+ a LOS ANGELES COUNTY My Commission Expires May 9,200; ersonally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNV SS my han t al d official seal. Place Notary Seal Above / IaUreoflloudNry —' Public OPTIO a�N3 T hough 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 Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHTTHUMBPRINT OF SIGNER 0 1999 National Notary Asaeeiatioo • 9350 Oe Soto Ave_ P.O. Box 2402 • Chatavour. CA 913132402 • w rationalnotar,crg Prod No. 5907 Reorder. Galt Ta0.Free 1 -600- 8]6-682] August 14, 2002 C1tY OF NEWl'ORAEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 A. D. General Engineering 2829 N. Glenoaks Blvd., Suite 106/101 Burbank, CA 91504 -2660 Subject: West Newport Sewer Main Replacement (C -3453) To Whom It May Concern: On June 25, 2002, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on July 10, 2002, Reference No. 20020572191. The Surety for the contract is Indemnity Company of California, and the bond number is 831718P. Enclosed is the Labor & Materials Payment Bond. Sincerely, oe(lam »7.444, LaVonne M. Harkless, CMC /AAE City Clerk LH:cf cc: Public Works Department Michael J. Sinacori, P. E., Principal Civil Engineer encl. 3300 Newport Boulevard, Newport Beach ;13'01(THU) 08:58 ALLEN LAWRENCE TEL 818 348 5472 P. 001 BOND NO. 831718P PREMIUM: Included in Performance Bond EXECUTED IN TRIPLICATE PAGE 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT SEWER MAIN REPLACEMENT CONTRACT NO. 3453 BOND NO. 831718P LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of Galifomia has awarded to Name of Contractor, hereinafter designated as the 'Principal," a contract for construction of WEST NEWPORT SEWER MAIN RF.PLACEMEWr, Contract No. 3453 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. 3453 and the terns thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fad to pay for any materials, provislorts, 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 or any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: INDEMNITY COMPANY OF THEREFORE. CALIFORNIA We the undersigned authorized to transact business under the laws of the State of Cal mia. as Surety, (referred to herein as "Surety are held firmly bound unto the City of Newport Beach, in the sum of one hundred fourteen thousand, five hundred forty and 801100 Dollars (114,540.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract: for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns. jointly and severalty, firmly by these present THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or otter supplies, implements or machktM used in, upon, fa, 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 tnswance Code with respect to such work or lab", or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also. In case suit is brought to enforce the obligations of this Bond. a reasonable attomeys fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California_ SEP. ;13' 01 ITHUI 08.59 ALLEN LAW E TEL 818 348 541; P-002 PAGE 15 The Bond shall inure to the benefit of any and all persons, companies, and mporations entitled to file claims under Section 3181 of the Callfamia 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 W"ESS WHEREOF this instrument has been duly executed by the above named Principal and Surety, on the 13tfr day of September —2001, 2001, A.D. GENERAL' ENGINEERING CONSTRUCTION (Jame of Contractor (Principal) INDEMNITY COMPANY OF CALIFORNIA Name of Surety 17780 Fitch /200 Irvine, CA 92714 Address of Surety C. Michael Henley Attorney -In -Fact Print Name and Tice NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED . j • • POWER OFATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX I97 25, IRVINE. CA Q2623 .19491 263-13W) KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPAN) OF CALIFORNIA. do each severally, but not jointly, hereby make, constitute and appoint * * *C. MICHAEL HENLEY, JOINTLY OR SEVERALLY' *' as the tine and lawrol Attomeyls)- in -Fatt, to make, execute, deliver and acknowledge, for and on behalf ol'said corporations as sureties. bonds, undertakings and contracts of suretyship giving and granting unto said Auomey(s) -in -Pact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation. and all of the acts of said Attorney(s) -in -Fact, pursuant to these presents, arc hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be. and that each of them hereby is, authorized to execute Powers of Attorney. qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney: RESOLVED- FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 8'h day of November. 2000. 1 By ..�Y,ANO /jy�"n,, pc David H. Rhodes, Executive Vice President ,•,�JP +�pPOiyq�.,F� �,, GOphPANY ,�-L OPPORy C =¢` SEAL <_ :a{ gn2 to p OCT.5 O 1967 1936 Walter 4, Crowell, Secretary , rDW P „r':A g' '•,,1p C'gOFORN\P ...* yC' STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On November 8, 2000, before me, Diane J. Kawata, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names arc subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities- and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official scat. Signature C� CERTIFICATE N0111H1C•C WA COMM. 01167M m owANwc,GEE00UrNTY m tMcarnn Fm.Jan. e,2W2 r The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attomey remains in full force and has not bee revoked, and Furthermore, �hru the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are In force a. of the date o his Cc tl iticat This Certificate is executed in the City of Irvine. California, the A day of I Ca 4. David O. Lane, Chief Operating Officer State of California County of Los Angeles On before me, Veronica Lynn Sognalian, Notary Public, personally appeared C. Michael Henley who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. bc.iG�iiCA'.'/�>ti aaGlvSuPJi 1 l'� (;Jmmiu5l�f 0725csC50 i z .:,.; Notary PubLc - California � Los An9dw County ►9yCarcnF�reaF>�a.� # 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of On per: I ss. �I VESNA PERIC It y COMM. #1218676 y a NOTARY PUBUC�ALIFORNIAm LOS ANGELES COUNTY j` My Commission Expires May B, 2003 �( Place Note, Seal Above Personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, kxecuted the instrument. my ,Hand and official seal. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: -•• ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 ib,5w %1 oyAVOtiaEw,•93590e solo A".. P.O. Box M •CN1ewoM. CA 91313 -292• w,+enelor&mta7ror9 PmJ. NO. 5907 ikwOer. Caa TO9ine 109�870{dZ1 RECORDIN8 ii&6 4Ti63 BY AND WHEN RECORDED RETURN TO: City Clerk V JUL 19 A 9 :14 City of Newport Beach 3300 New ort 'Coe' e Newport . A, CLEfti; CIT f F x.D BEACH 40 Recorded in official Records, County of Orange Darlene Bloom, Interim Clerk- Recorder IIIIIllllliillllllliillllllllllllllllllnllllilllllllllllNO FEE 20020572191 103a 07110102 100 73 N12 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 A.D. General Engineering, of Burbank, California, as Contractor, entered into a Contract on September 25, 2001. Said Contract set forth certain improvements, as follows: West Newport Sewer Main Replacement (C -3453) Work on said Contract was completed on February 28, 2002, and was found to be acceptable on June 25. 2002, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Indemnity Company of California. Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on aS a60a at Newport Beach, California. BY l/ 1 9 City Clerk I , June 26, 2002 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the Main Beach Sewer Force Main Replacement Project (C -3296) Notice of Completion for the Corona Highlands Water Main Replacement Project (C -3345) Notice of Completion for the West Newport Sewer Main Replacement Project (C -3453) Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, �I IrJ LaVonne M. Harkless, CMC /AAE City Clerk Enclosures 3300 Newport Boulevard, Newport Beach 0 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 A.D. General Engineering, of Burbank, California, as Contractor, entered into a Contract on September 25, 2001. Said Contract set forth certain improvements, as follows: West Newport Sewer Main Replacement (C -3453) Work on said Contract was completed on February 28. 2002, and was found to be acceptable on June 25. 2002, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Indemnity Company of California. Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on as � 6oa at Newport Beach, California. BY l/ City Clerk :r TO: FROM: SUBJECT: 0 Mayor and Members of the City Council Public Works Department . C3$ 3 June 25, 2002 CITY COUNCIL AGENDA ITEM NO. 8 WEST NEWPORT SEWER MAIN REPLACEMENT, CONTRACT NO. 3453 — COMPLETION AND ACCEPTANCE RECOMMENDATIONS: JUN 2 5 2002 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. Approve Amendment No. 1 to the Professional Services Agreement with Engineering Resources for additional as- needed construction support services from $28,163 to $43,208 and authorize the Public Works Director to execute the Amendment. DISCUSSION: On September 25, 2002, the City Council authorized the award of the West Newport Sewer Main Replacement contract to A.D. General Engineering of Burbank, California. The contract provided for the emergency replacement of approximately 300 feet of sewer that had collapsed within West Coast Highway near Cappy's Restaurant. The Contractor had significant difficulty installing the sewer line because of depth and groundwater conditions. As a result, portions of the sewer lines needed to be re- constructed at the Contactor's expense. Despite the reconstruction effort, three of the sewer line joints had infiltration from the groundwater. These portions will be lined - at the Contractor's expense, as part of the recently awarded sewer lining project. Other than the completion of the sewer lining project, this contract has been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $114,540.00 Actual amount of bid items constructed: 114,723.00 Total amount of change orders: 1,971.91 Final contract cost: $116,694.91 SUBJECT: West Newport Sewer Replacement, Contract No. 3453 - Completion acceptance June 25, 2002 Page 2 Two change orders were executed for the project. The first change order totaling $23,933.91 compensated the contractor for excess groundwater conditions and slurry backfill and additional paving requested by the City Staff. The Contractor was also charged for overtime inspection per the contract, which was shown as a deduction on the first change order. The second and third change orders totaled a deduction of ($21,962) for repayment by the contractor for damages to landscaping, inspection cost for the re- construction effort, and compensation to the City for the required lining of the Coast Highway portion of the new sewer main. Net change orders were $1,971.91, or 1.72 percent over the original contract amount. Funds for the project were expended in the following account: Description Account No. Amount Sewer Main Master Plan Improvement 7531- C5600292 $ 116,694.91 Because of the emergency nature of this work, Engineering Resources was contracted to perform design survey as well as construction inspection and support services. Due to the problems involved with this contract, the inspection effort exceeded the original approved contract amount. Attached is Amendment No. 1 to Engineering Resources' Professional Services Agreement for additional construction support efforts. Approximately half of the inspection costs are paid for by the contractor through the deductive change order described above. A total of $24,847 is needed to accomodate Amendment No. 1. Funds are available from the contingency balance of this project in Account No. 7531- C5600292 in the amount of $12,845.09 and an additional $12,001.91 is available in Account No. 7533 - 05600339. Pursuant to Council Policy this Amendment to the original Professional Services Agreement requires approval by the City Council. Respectfully submitted, M WORKS DEPARTMENT G. Badum, Director J. Sinacotl, P.E. I Civil Engineer 0 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT FOR AS- NEEDED ENGINEERING AND CONSTRUCTION SUPPORT SERVICES THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this _ day of June 2002, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and Engineering Resources of Southern California, Inc., whose address is 3550 E. Florida Avenue, Suite B, Hemet, CA 92544, (hereinafter referred to as "Consultant "), is made with reference to the following: RECITALS: A. On , September 24, 2001, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT', for As- Needed Engineering Construction and Support Services for a not -to- exceed fee $20,000. B. On November 19, 2001, the CITY increased the not -to- exceed compensation to from $20,000 to $28,163 for additional inspections services. C. CITY desires to enter into this AMENDMENT NO. 1 to further increase compensation from $28,163 to $43,208. D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 1 as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. .. y • • IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 on the date first above written. APPROVED AS TO FORM: By: Robin Clauson Assistant City Attorney CITY OF NEWPORT BEACH, A municipal corporation AN Stephen G. Badum, Public Works Director City of Newport Beach ENGINEERING RESOURCES, INC. F:\ USERS\PBViAShared\Agreements\Fy 01 -02 \Engineering Resources Amendment 1.doc C CITY OF NEWPORT 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 11th day of September, 2001, at which time such bids shall be opened and read for WEST NEWPORT SEWER MAIN REPLACEMENT Title of Project Contract No. 3453 $136,800 Engineer's Estimate --Wen G. Badum P lc Works Director Prospective bidders may obtain one set of bid documents at actual cost at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 General "A" Contractor License Classification required for this project For further information, call Michael J. Sinacori, Project Manager at (949) 644- 3342 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT SEWER MAIN REPLACEMENT CONTRACT NO. 3453 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................1 BIDDER'S BOND ............................................................................... ..............................3 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................4 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................5 NON - COLLUSION AFFIDAVIT .......................................................... ..............................6 NOTICE TO SUCCESSFUL BIDDER ............................................... ..............................7 CONTRACT...................................................................................... ..............................8 LABORAND MATERIALS BOND .................................................... .............................14 FAITHFUL PERFORMANCE BOND ................................................ .............................16 PROPOSAL.................................................................................... ...........................PR -1 SPECIALPROVISIONS ................................................................. ...........................SP -1 } 0 PAGE 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT SEWER MAIN REPLACEMENT CONTRACT NO. 3453 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. 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. PAGE 2 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 in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. A 7�8 RICO Contractor's License No. & Classification Date 10 PAGE 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT SEWER MAIN REPLACEMENT CONTRACT NO- 3453 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 chaner city, in the principal sum of Ten Percent of Total Amount Bid Dollars ($ 10 % — . to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of WEST NEWPORT SEWER MAIN REPLACEMENT, Contract No. 3453 in the City of Newport Beach, is accepted by the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to duly enter into and execute the Contract Documents for the construction of the project in the form required within ten days (10) (not including Saturday, Sunday, and federal holidays) after the date of the mailing of Notice of Award; otherwise this obligation shall becomc null and void. If the undersigned Principal executing this Bond is executing this Bond as an Individual, it is agreed that the death of any such Principal shalt not exonerate the Surety from its obligations under this Bond. Witness our hands this 10th payof September 2001. A.D. GENERAL ENGINEERING CONSTRUCTION Name of Contractor (Principal) INDEMNITY CO. OF CALIFORNIA Name of Surety 17780 Fitch, Suite 200 Address of Surety 800 782 -1546 Telephone C. Michael Henley, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE, CA 92623 • (949) 263 -3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. do each severally, but notjointly, hereby make, constitute and appoint: * * *C. MICHAEL HENLEY, JOINTLY OR SEVERALLY * ** as the true and lawful Attomcy(s) -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Ahomcy(s) -in -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s) -in -Fact, pursuant to these presents, are hereby ratified and confimmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November I, 2000: RESOLVED, that the Chaimman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attonmey(s) named in the Powers of Attomey to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attomcv: RESOLVED. FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attomcv or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents in be signed by their respective Executive Vice President and attested by their respective Secretary this 81h day of November, 2000. STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) OCT.5 1967 On November 8. 2000. before me, Diane L Kawala, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behall'of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature I��` CERTIFICATE DIANE J. RAWATA DIANE , AWATA D NOURYPUBUC- MIFCAIYA m OWGE COUNTY My Caftan Fv. Jan. B. 2602 The undersigned, as Chief Operating Of7iccr of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby ceni fy that the foregoing Power 0I'Atlorricy remains in full force and has not been revoked, and further more, that the provisions of the resolutions of the respective Boards o'Directors of said corporations set fonh in the Power of At�tom�/c,y. are in fort,,; of tt—he date of this Certificate. This Certificate is executed in the City of Irvine. California, the � day of `� By _ David G. Lane. Chief Operatine Officer ID- 1380(11/00) 1 By' 4 ANDS /,h David H. Rhodes, Executive Vice President E ............. j ,GOP '¢ ` SEAL By. U ? Ol 1936 Walter A. Crowell, Secretary °o�7 v,. /OWP STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) OCT.5 1967 On November 8. 2000. before me, Diane L Kawala, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behall'of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature I��` CERTIFICATE DIANE J. RAWATA DIANE , AWATA D NOURYPUBUC- MIFCAIYA m OWGE COUNTY My Caftan Fv. Jan. B. 2602 The undersigned, as Chief Operating Of7iccr of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby ceni fy that the foregoing Power 0I'Atlorricy remains in full force and has not been revoked, and further more, that the provisions of the resolutions of the respective Boards o'Directors of said corporations set fonh in the Power of At�tom�/c,y. are in fort,,; of tt—he date of this Certificate. This Certificate is executed in the City of Irvine. California, the � day of `� By _ David G. Lane. Chief Operatine Officer ID- 1380(11/00) State of California County of Los Angeles N On September 10, 2001 before me, Veronica Lynn Sognalian, Notary Public, personally appeared C. Michael Henley who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. NI Veronica Lynn �ognali t Notary Pub N't ----- ..... 01 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California L�� \ County of ss. � -� =� ,� -1 1�-1 On 9=1 Date personally appeared 0 VESHA PC-RI n ` COMM. 04296098 NO T PU3LtCdlA IyO ii A N LOS ANGELES COON iV " lj My Commission Expires May 9, 2003 Place Notary Seal Above X personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. my han¢ al cl official seal. 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 Fact Trustee Guardian or Conservator Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER 0 1999 Natbnal Notary Ae alion • 9350 De Solo Ave.. P.O. Box 2402 • Chatsworth, CA 9131 3 -24 02 • v na4onal,wtar," Prod, No. 5907 Beat r: Call Tall -Free 1-eo9 -F? c 7 PAGE 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT SEWER MAIN REPLACEMENT CONTRACT NO. 3453 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. Subcontract Work Subcontractor Address 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. �C�PI'�/fC� �bl�nOO�tYl�4lZiST�/nC, Bidder PAGE 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT SEWER MAIN REPLACEMENT CONTRACT NO. 3453 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he /she has performed and successfully completed. Year Project Person Telephone Completed Name /Agency To Contact Number 0 Sewer Force Main Extension in Bell Canyon Triunfo Sanitation District 1001 Partridge Drive Ste 150 Ventura, CA 93003 (805) 658 -4605 Mark Capron $ 43,000.00 Date Complete May 1998 - % of cost of work with own forces 100% Heil Ave. Storm Drain Extension City of Fountain Valley 10200 Slater Ave Fountain Valley, CA 92708 (714) 593 -4400 Bob Kellison $ 38,915.00 Date Complete 2/25/99 % of cost of work with own forces 100% Sewer Main Segment Repair City Project # FY- 98 -ww -11 City of Lompoc 100 Civic Center Plaza Lompoc, Ca 93438 -8001 (805) 736 -1261 Chuck Haight $ 72,979.60 Date Complete 3/31/99 % of cost of work with own forces 97% Repair of Earthquake Damaged Sewer Mains in Euclid Ct. - 18TH Ct. between Georgina Ave and Colorado Ave. (We were a Sub to Preussag Pipe Rehabilitation Contact Tony McDonald (714) 428 -4515) (2615 S. Rousselle St. Santa Ana, Ca 92707) City of Santa Monica (310) 434 -2618 Eungia Chusid Total Contract Amount $ 1,375,972.00 Date Complete for our portion of 10/99 % of cost of work with own forces 95% Sewer Force Main Extension in Bell Canyon Triunfo Sanitation District 1001 Partridge Drive Ste 150 Ventura Ca 93003 (805) 658 -4605 Mark Capron $ 15,852.00 Date Complete July 1999 % of cost of work with own forces 100% r LI The Reconstruction of Main Line Sewer in Pioneer Drive between Chester St. and Pacific Ave. City of Glendale 633 E. Broadway Rm 205 Glendale Ca 91206 (818) 548 -3945 Kevin Runzer $ 171,950.75 Date Complete 8/20/99 % of cost of work with own forces 97% El Molino Ave Sanitary Sewer Project City of San Marino 2200 Huntington Drive San Marino Ca 91108 (626) 300 -0714 Carlos Alvarado $ 67,787.89 Date Complete 9/30/99 % of cost of work with own forces 100% Repair of Earthquake Damaged Sewer Mains in 19TH Ct. to Centinela Ave. between Washington Ave and Colorado Ave. Project #9 (We were a Sub to Preussag Pipe Rehabilitation Contact Tony McDonald (714) 428 -4515) (2615 S. Rousselle St. Santa Ana, CA 92707 City of Santa Monica (310) 432 -2618 Eungia Chusid Total Contract Amount $ 1,206,884.00 Completed 4/01 % of work with own forces 95% Repair of Earthquake Damaged Sewer Mains in Ocean Ave./Barnard Way to 3rd St between Pico Bl. & So. City Limits; 3rd St. to Lincoln Blvd. &16th St. between Ocean Park & So. City Limits; Lincoln Blvd, to 16th St. between Ashland Ave. and So. City Limits Project 15B (We were a Sub to Preussag Pipe Rehabilitation Contact Tony McDonald (714) 428 -4515) City of Santa Monica (310) 432 -2618 Eungia Chusid Total Contract Amount $ 613,861.00 Our Portion of Work Completed 9/00 % of work with own forces 95% Repair of Earthquake Damaged Sewer Mains bounded by 19th Court, Montana Ave. Centinella Ave. and Colorado Ave. Project 10 (We were a Sub to Preussag Pipe Rehabilitation Contact Tony McDonald (714) 428 -4515) City of Santa Monica Eungia Chusid Total Contract Amount $ 4 *58.00 • Our Portion of Work Completed 9/00 % of work with own forces 95% Cavanagh, Cedar Court, and Bohlig Roads - Water Main Replacement City of Glendale 141 Glendale Ave Water Division Glendale CA 91206 (818) 548 -3997 Trang Nguyen, P.E. $ 327,000.00 Completed on December 8, 2000 % of work with own forces 90% Jamboree Zone 111 Water Main Replacement Project City of Newport Beach Public Works Department 3300 Newport Blvd Newport Beach, CA 92658 -8915 Michael J. Sinacori, P.E., Utilities Engineer and Project Manager (949) 644 -3311 $ 267,311.00 Completed on April 5, 2001 % of work with own forces 95% Construction of Potable Water System Improvements, In Lincoln Park (Phase 111) The City of Pomona 505 So. Garey Ave. Pomona, CA 91769 -3186 Hong Wong (909) 620 -2341 $ 325,892.00 Completed on June 21, 2001 % of work with own forces 90% 2000/2001 Water Main Replacement Program City of Monrovia 415 South Ivy Ave Monrovia, Ca 91016 Bassil Nahhas, Utilities Eng. (626) 932 -5550 $ 258,450.00 Completed June 30,2001 0 2000/2001 Sewer Main Replacement Program City of Monrovia 415 S. Ivy Ave Monrovia, Ca 91016 Bassil Nahhas, Utilities Eng. (626) 932 -5550 $198,000.00 Completed July 20, 2001 0 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT SEWER MAIN REPLACEMENT CONTRACT NO. 3453 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of 1 tf�) PAGE 6 being first duly sworn, de oses and says that he or she is - D • of ,A-Or p— � t ' 1 ,9tr. , the party making the foregoing bid; that the bid is not made in the interest of, or 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 and correct. A -0 C tntiq �0 nc, Bidder Subscribed and sworn to before me this foregoing is true _ day of 12001. n [SEAL] r�C cicu�¢C.od Notary Public My Commission Expires: 9 46 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of ss. t r- On.61 lo-6 1 before me, Date personally appeared VESNA RERI� !g H COMM. 01210076 NOTARY CIL pUgpMp LOS ANt3ELE U My Commission Expires May 9 2009 Place Notary Seal Above (personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. my han¢ al d officiat seal. 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 Signer's Name: ❑ Individual by Signer ❑ Corporate Officer — Title(s): _ ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER 0 1999 Naeoeal Notary A aatioa•9350 De Soto Ave., P.O. Box 2402• ClalsvoM, CA 913132,102• m ealionalmtary.o,9 Prod No. 5907 Reixaer call Toll -Free 1- 800-876E827 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT SEWER MAIN REPLACEMENT CONTRACT NO. 3453 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall ten (10) days (not including Saturday, Sunday Notice of Award to the successful bidder: FOITel�i be executed and delivered to the Engineer within and Federal holidays) after the date of receipt • CONTRACT • 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. 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 Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of receipt Notice 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. 1J CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT • PAGE 8 WEST NEWPORT SEWER MAIN REPLACEMENT CONTRACT NO. 3453 CONTRACT THIS AGREEMENT, entered into this 25th day of September, 2001, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and A.D. General Engineering Construction, Inc., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has requested bids for the following described public work: WEST NEWPORT SEWER MAIN REPLACEMENT Project Description for Contract No. 3353: The work necessary for the completion of this contract consists of installing approximately 260 linear feet of 12 -inch vitrified clay pipe (VCP), two 48 -inch diameter manhole and other associated appurtenances to construct the sewer main. 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. 3453, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. • • PAGE 9 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of one hundred fourteen thousand, five hundred forty and 001100 Dollars ($114,540.00). 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: Michael J. Sinacori (949) 644 -3342 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: A.D. General Engineerincl 2829 N. Glenoaks Boulevard Suite 106/101 Burbank, CA 91504 -2660 818- 559 -7383 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 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 0 PAGE 10 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 0001 (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 0001 0187 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. 0 4. Other Insurance Provisions 0 PAGE 11 The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, officials, empfoyees 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, 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, 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. 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. • • PAGE 12 6. Right to Stop Work for Non - Compliance City shall have the right to offer 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. 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. PAGE 13 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 anrt vPar fir-0 writtan ahnva CITY CLERK °• • • •• ATTORNEY CITY CITY OF NEWPORT BEACH A MVorporation By Homer Blud , City Manager A.D. General Engineering Construction, Inc. By: �R/iif _ �i, a 1 &' -1 fd7- Authorized Si g ature and Title SEP-13 -2001 13:32 FROM:INSURF&E -WEST 8055791916 0:19496443318 P:2,4 ACRD, CERTIFICA -M OF LIABILITY INSURMCE 09 /11/ 09/11/220000 1 PRODUCER (805) S79 -1900 FAX (BOS) S79 -1916 ITsurance West Corporation 2450 TApo St. Simi Valley, CA 93063 pac THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURERS AFFORDING COVERAGE INRuRF.D A.D. General Engineer ng Construct on, Inc. 2829 N. Clenoaks 81., 8106/101 Burbank, CA 91SO4 INSURERA' Valley Forge Ins. Co. INSURER B: American Cas Co of Reading PA NSURF.RC: _ INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BUN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE 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, NR TYPE OF INSURANCE POLICY NUMDBR POLICY EFFEOTIYE POU MPI�RnT DN 05/23/2002 LIMITS A GP.NF.RAL L11RnJT/ X COMMERCIAL GENPRALUARILITY CLAIMS MADE n OCCUR CP2049721328 05/23/2001 EACH OCCURRENCE 6 1,00-0,00-0 FIRE DAMAGE(ArW mW fts S 100,00 MED EXP fAM ono Pn. P) _ S 1 10 , 00 PERSONAL A ADV INJURY 6 1000.000 GENERAL AGGREGATE F 1 000 000 GENL AGGRGGATC LIMIT APPLIES PER: POLICY PRO' 7 LOC PRODUCTS -COMFJOPAGG 3 1,000,0 - B AUTONODnDUADIIJTY X ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BUA2049721314 05/23/2001 05/23/2002 COMBINED SINGLE LIMIT IPA ACM!") 6 1,000,000 BODILY INJURY (Per pamml S BODILY INJURY IP awdm") 4 PROPF11jY DAMAGE (Pq Pmd9m) f GARAGE LIABILITY ANY AUTO AUTO ONLY- GAACCIDENT 6 OTHER THAN F.A ACC AU ONLY: AGO f 6 EXCESS LIARLLITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION 6 EACH OCCURRENCE 9 AGGREGATE 9 4 6 WORKERS COMPENSATION AND FMPI.OYERR' UABIWTY TORYIIMI ER G.l, EACH MCIOEMT 9 EL DISEASE - EA EMPLOYD E E.L. DISEASE -POLICY LIMIT 6 OTHER DESCIIPMON OF OPERATIONRII .00ATNfNBNFHICLESI6XCLUSION9 ADDED RY ENDORSEMENTISPECUIL PROVIMONB Re: West Newport Sewer Main Replacement, Contract No. 34S3 ity of Newport Beach, its officers, agents, officials, employees and VulOnteers are named as additional insured per the terms of the blanket additional insured endorsement G- 179574. usiness Auto Additional Insured endorsement attached. Insurance is primary for General Liability nd Auto Liability. 10 day notice for non- payment CERTIFICATE HOLDER I I ADDITIONAL INSURED; MSURR LETTER: cANUW -L ITuN SHOULD ANY Or TH6 ABOYF. DEACAMED POLICIES BE CANCELLED DEPORE THE FXPIRATON OATS THEREOF, THE R76UINO COMPANY WILL 1}10@XJ0{D01V MAIL iO DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Newport Beach X10 MMXKXgftX)iKX WAUXKXWt D&XXX 3300 Newport 81. !(DIXX/J(706btl1f3( X9GEYi00tNYa=XXXXXXX Newport Beach, CA 92663 AUTNORpFFD rRyBE OVA ACORD 265 (7197) FAX: (949)644 -3318 WIICORD CORPORATION 1998 r -WEST 8055791915 SEP -13 -2001 13:32 FROM:INSLIR� �� 19496443318 P:3/4 G- 17957 -F C/VA (Ed. ()4/98) is MVw (a,w/„IlpAwO A,. Y"Y' THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT This andorsament modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. WHO IS AN INSURED (Ssctlon 1T) is amended to Include as an insured any person or organization (called additional insured) whom you are required to add as an additional insured on this policy under: 1. A written contract or agreement; or 2. An oral contract or agreement where a certificate of Insurance showing Met person or organization as an additional insured has been issued; but the written or oral contract or agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2 Executed prior to the "bodily injury," 'property damage; 'personal injury" or "advertising injury' B. The insurance provided to the additional insured is limited as follows: 1. That person or organization is only an additional insured with respect to liability arising out of: a. Your premises; b. "Your work' for that additional Insured; or c. Acts or omissions of the addltlonal insured in connection with the general supervision of 'your work." C. 2. The Limits of Insurance applicable to the additional insured are those specified in the written Contract or agreement or In the Declaratlons tot this policy, whichever is less. These Limits of Insurance are inclusive and not In addition to the Limits of Insurance shown in the Declarations. 3, Except when required by contract or agreement, the coverage provided to the addltlonal Insured by this endorsement does not apply to: a. "Bodily Injury' or 'property damage" occurring attar. (1) All work on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured at the she of the covered operations has been completed; or G-1 7957-F (Ed. 04196) (2) That portion of 'your work" out of witch the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as pan of the same project In. "Bodily Injury or "property damage' arising out of acts or omissions of the additional Insured other than In connection with the general supervision of'ycur work." 4. The insurance provided to the additional insured does not apply to "bodily injury; "property damage," "personal injury," or "advertising injury" arising out of an arcbIlecfs, engineers, or surveyor's rendering of or failure to render any professional services Including: >L The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, or inspection activities performed as part of any related architectural or engineering activities, As respects the coverage provided under this endorsement, Paragraph 4b. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended with the addition of the following: 4. Other Insurance b. Excess insurance This Insurance is excess over; Any other valid and collectible insurance available to the additional insured whather primary, excess, contingent or on any other basis unless a contract specifically requires that this Insurance be either primary or primary and noncontributing. Where required by contract, we will consider any other insurance maintained by the additional insured for injury or damage covered by this endorsement to be excess and noncontributing with this Insurance. Page 1 of t SEP -13 -2001 13:33 FROM:INSURP WEST 8055791916 :19496443318 P:4/4 POLICY NUMBER: BUA2049721 314 BUSINESS AUTO THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM It is agreed that the "Who Is An Insured" provision is amended to Include as an insured the person or organization designated below as an additional Insured, subject to the following provisions: (1). This insurance applies only with respect to any Liability arising out of the operation of covered autos on the additional insureds premises described below; (2). The Named Insured is authorized to act for such additional Insured In all matters pertaining to this Insurance, Including receipt of notice of cancellation; (3). Return premium, if any, shall be pald to the Named Insured; (4). Nothing contained herein shall affect any right of recovery as a claimant which the additional Insured would have if not designated as such. Primary Wording is Included in policy form CA0001 SEP-19 -2001 WED 09:00 AM 0 FAX N0. • F. 07/10 (S'CAL-S U RANCE CERTIFICATE OF INSURANCE CHECKLIST CITY OF NEWPORT BEACH THIS CHECKLIST IS COMPRISED OF REQUIREMENTS AS OUTLINED ABY THE CITY OF NEWPORT BEACH. DATE RECEIVED: 6 14/0/ DEPARTMENT /CONTACT RECEIVED FROM: 3H 4aW MM DATE COMPLETED: SENT TO: 4yh A/ BY: &91h COMPANY/PERSON REQUIRED TO HAVE CERTIFICATE: A• D• 6f-Alk Z 6UQJFFR/9 GENERAL LIABILITY: A. INSURANCE COMPANY: U /NF B. AM BEST RATING (.a VII or greater): A; X11 C. ADMITTED COMPANY: ( Must be California Admitted) Is company agmined in California? Yes ✓ No— D. LIMITS: (Must be 51,000.000 or greater) What is limit provided? I /I mo,ty0 E. PRODUCTS AND COMPLETED OPERATIONS: (Must Include) Is it included'? Yes ✓ No_ F. ADDITIONAL INSURDED WORDING TO INCLUDE: ( The City its officers, agents, officials, employees and volunteers). Is it included? Yes ✓ No G. PRIMARY AND 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 solel by their negligence.) Does endorsement include-solely by negligence" wording? Yes No ✓ I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail: per Lauren Farley the City will actxpt the endeavor wording. Q. AUTOMOBILE LIABILITY: A_ INSURANCE COMPANY: ��n • D�8 PA B. AM BEST RATING (A VII or greater): AXV _ C. ADMITTED COMPANY: ( MUST BE CALIFORNIA ADMITTED) Is company admitted? Yes / No D. LRZTS: ( Must be S 1,000.000 minimum BI & PD and 5500,000 UM) What is limits provided? / 004 E. ADDITIONAL INSURED WORDIN TO INCLUDE: (The City its officers agents. officials, employees and volunteers). Is it include!? Yes ✓ No! F. PRIMARY AND NON CONTRIBUTORY WORDING: (Must be included). 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 A. INSURANCE COMPANY: NOA14F S`HOtcJN B. AM BEST RATING (A VII or greater) C. LIMITS: Statutory D. WAVIER OF SUBROGATION: (To include). Is it included? Yes_ No_ HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes No ✓ IF NO, WHICH ITEMS NEED TO BE COMPLETED ? de'ylf affnON SEP;19 -2001 10:09 FROM :INSURR - WEST 8055791916 0:19496443318 P:1/2 Insurance West Corp. 2450 Tapo Street Simi Valley, CA 93063 Phone: (805) 579 -1900 ♦ Fax: (805) 579 -1916 License #0786031 Fax Cover Sheet Pages: 2 Date: 9/19/2001 To: City of Newport Beach Attn: Shawna Fax # 949 - 644 -3318 From: Paulette Carpenella Re: A.D. General Engineering Construction Inc. Policy # 1806901 Dear Shawna, This is to confirm that the above insured has workers compensation with the State Compensation Insurance Fund, policy number 229 -01- 018069, effective 01/01/01 to 01/01/02, Attached is my fax confinnation of the request to issue you the certificate. Also I spoke with Nicolette at the State Fund, 877- 405 -4545 and she will fax you a. certificate tomorrow. If you have any questions or need additional information please feel free to call Dh y.u, SEP -19 -2001 10:09 FROM: I NSUROE —WEST 8055791916 SENDING CONFIRMATION DATE = SEP -12 -2001 WED 14:38 NAME = INSURANCE —WEST TEL 8055791916 •70:19496443318 P:2'2 PHONE 18662662071 PACES = 0 START TIME : SEP-12 14:37 ELAPSED TIME : 00'00 1, '� MODE a ECM RESULTS : NO ANSWER FIRST PAGE OF RECENT DOCUMENT FAILED TO SEND FULLY... Insurance West Agana Q Brokers lawmncc war Corpamtion Llcmm 1178603) 2450 Tapp 9tteet 3)101 Valley, CA 93063 1'e7: (803) 979.1900 Fax; (8o5) ,-79.7976 \ a.ma0: Iasw slaM[1611nkmat www.(nvarwtecweer.eom Fax pum, i owls To: $ale PVn4 AUn: Ccruftte Udk Fax F. 86&X6 -W77 Fromt Paws m Ll pmcul Vr A, 1). re ml ({nD, wnug 72"1418069 If you clo not nteef�- raupo80% pdarc 6ou oar of noon as pauw,- Pl", Fend a oeraf+ tc m the 6mww198 fM the abbw. tosurrd: Cby of Newpon oeaab, ba OKOM. Agora, Mciala, amploytroa And Vohmt< err / Nc' Newporti l Ncwpntr lkuch, CA 91663 iH: Wes Newport 3enm Main Rcptoom rnt, Coaaelt No. 3435 !� . plenr, Iralxde -,wwr of Sabrogatwn M favor of Gre qty. Jul if yon have xay qulzd na plma W frea m cab M.. SeP 14 02 09:23a State Of California (949) 724 -22GS P.1 STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION ENCROACFIMENT PERMIT fR�01201REV 2tl98) pewnlit NO -- 1201 -6DP -0621 )n compliance nrilh (Check one)' 12 -ORA- VAR -VAR ,y Your app icatmn M Se tember 13, 2001 Date ❑ Ut.ery No-ice Nu _ Of _ SEPTEMBER 13, 2001 F] Agreement No a , of RAN Car tract No of TO: A D. GEN ENGINEERING CONST , 114C 2829 N GLENOAKS BLVD.,STE, 106!101 BURUANK, CA 91504 VESNA PERIC, SECRETARY TEL'8181559- 7383: FAX 'R18 /559 -5502 I_ $16000 P.4"ance Bond Arr.of(1) P:Iymerl80nd ARWUnI (2} S NA _ S aalid Company 17- ber (t) 8urtd Mtrmber (:') —.J PERMITTEE And subject to '.he following. PERMISSION IS HEREBY GRANTED to Perform the worK authorized under Caltrans Entaoachment Permit No.1201 NUM -0370 issued to the City of Huntington Beach all in accordance with all terms and conditions of that original permit. Permittee shall keep complete copies of that permit on the )obsite at all times while work is in progress. Permittee shall notify the California Highway Patrol Commander at 71141567-6000 and State Permit Inspector Shahryar Deravi at 9491724 -2152 for work north of MacArthur Rlvd., or Tom Shamsabadi at 9491724 -2567 for work south of MaoAfthtu Blvd, a minimum of 43 hours prior to the start of work Failure to comply with this requirement will result in suspension of this permit. A t;Nuuldei closure is required whenever equipment is parked within paved shoulders: all shoulder Closures shall conform to Standard Plan T -10 P'errnittee r hall be billed either periodically or after completion of work for all Caltrans inspection charges and for any costs incurred by Caltrans Maintenance forces relative to this permit. Tbc roflnwino a rachmrnfs are also incbtled as part of this permit (Check appliCalrle). No Review X Yes F1 No General Provisions fIYes X No Utildy M3inl6nance Prows-nc Yes X No Special Provisions ) C.1 Yes n No A Cal -OSHA permit w aurred prior to beginning work. U Yes �. No The mforinalion m the perms __ This permit is void ,miess the work is complete before This permit -s () be strictly construed and no other wor< No protect wpfL shall f>e r nmmenrvn until alt other ncu Original to Pt rmittee Mice. (2) FILE 01 -037) FILE 01-0621 Shahryar Ueiavi - State Permit Inspector Tom Shamsabadi - State Permit Inspector Prepared by ATE In addition to fee, the permittee will be billed auudl wets rut X Yes No Review X Yes No Inspection X Yes No Field Work (if dray Caltrans BHorf cxpgnded) reviewed and is comcieard pnor to approval of in,s specifically mem*ned is hereby authonxed ,Its and environmental _clearances have beep oblamed. APPROVO) District Director Sep 14 01 09:24a State Of California (9491 724 -2265 • • p.2 STATE OF CALIF OFINIA • DEPARTMENT OF TRANSPOWATION STANDARD ENCROACHMENT PERMIT APPLICATION PART A Tq0100 (REV. �Ug?) Pcrnussroni, requested to encromh nn the Stile H,ghway Rfghr Pl c =J W ry ac fnllnws; ICumpleir ail hems NA if not urpl¢ghle. ) - _ -_ Application is not romplde until all [.:quire anachmenh are Includtld <. ADDRESS OR(, PFET NAME B. WORK TO BE F ERFORME15 BY L) UWN =OncFs CONTRA( DATr page t _FOf( ;CALT!ANS USE..._ ` rNO omT"IM 2X STAMP 12 6'iN DATE Of $IMPL14 /1 .r 0) PIPES I 21. FULLY DE! CRIBE WORk WITHIN STATE RMr (eddi0onal space on reverse side it needed): Attach COlnplete plans (nmummn 5 beta Iolded:ll.G cemwnctcr Y, 20 confimontoe (a S':( I I')) spats. [aks. malt% fill , if applicable. UcrY.QF TitF^i.r I .. ^ YOUR OWN FIE[ ERENCF. NO. - _ HAS any Olney Caaram Deaenmenl re,ngwea yuur Glans" YES I NO 22. Is any wort being done on applicant's property? n YES NO pf'YES.• onauy acscnte m Senian .7,�.�no atucn sae ate Sratllnp mane.) 23. Is a City, County, or other agency involved in the enviranlnental approval? 4 U YES (Cheek WCVMnrXallon type and altaw imooved:Ppy) (j CATEGORICALLY EXEMPT ❑ND, L -1 EIIL IJ NO (CIM.h Int CAPoOnry UClew In 9cvri[M ]3e, worn dPFMOno 1nA Pro)tlCl) _ _ 238. 0FUG i,SIGNC.eANNERS, u CONSYAUC.TION I M 01FF IC-AY IONOF ( —jr ON]IRUCTION RECOr($TRUGT(CN, MAWTE6VtNCV. OR OEC(WAT(ONS, PARADES AND SIGNALS Od ANY OTHER TRAFFIC CONTROL RESURFACING OF A ONVEWAY OR R( +AO AP PItOACH CELECHATIONS SY STEMS "NO DEVICE S. 41CL110WG AMTION OR REPLACEMENT Or ROAGWAV OE VICES OR (] OrtCu PAYING ADDITION nF NEW tL£MFWS n MARKINGS (OLAPE SCOFFS. UARRIF.R, IIGRTINC. STRIPING. L_1 vFNCE Ll PUBLIC VT:LITY MODIFICATIONS _ MARKGH.I, ETC+ f tXICUTIONS. HOOKUr.S Lt MOVIE (VnLMING I] SIMVK MAILIto Fj-'Ij SIUE'VgtKS IGU11tNS C EROSION CONYROL LJRENIR /MAINTENANCE OFEXISIINGMIGHWAY! 0 AUnYEY U NON: Or Trlt MOVF. epav&*e. aNF94TW C$fI Hwra hen Me Fertile Oleta1 __ n 23 b. OOeS t� - pr01CCl CeaSe a l;utrclara�al d�angO In the elgndKanca ul a tKStafleal rae0u(Ce? (II "YES; request aPWaTlIe Pan'B" 1(om D YES u NO Iho PONnX 011ie ") 23 C. 15 the plCkCt On an 9Xf51inp hlgtiway Of VaIel -left) one atl,VAy M OW" mi; al 01 a s= resourCB m- lutling a Slafb W I2e[, .I rock WiClpppnp V� a taslodc Watling? (] YES J NO ;II'YES; request appdaaien PA"-B- lent one Peamil OH¢el Tile Under:lgrmd agrlers end understonds ahst a permit Can be denied or a bond required for non - payment of prior or present permit fens, that the work will M! done in accordance with Caltrans rules and regulations subject to inspection and approval, and that permit fees may still be due when an application is withdrawn or denied, and that a denial may he appealed in accordance with California Streets and Highways Code, Section 671.5. 74. GANIZI T NOR APPLICANT NAME (Qnnt w jype l -- 25. BUSINESS PHONE ,1 aa. ARCI IIl'C( T, CNGINF.ER OR PROJECT MAMt F R NAME (prmr d�pal 27. SWAIN $ PHO -Z C _ —( — 2e U$INFSS ADORFSS (I IUW Cllya Zp Code.) / ll-a � 1�e ;rill, %4T RI!EO S�C TUHE (I. RINT OR TYP A 91�TtTLE —r 57 UATEy r.M(+ una M ( 0 • Page 1 of 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL WEST NEWPORT SEWER MAIN REPLACEMENT CONTRACT NO. 3453 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P. O. Box 1768 Newport Beach, California 92663 -8915 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. 3453 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 Mobilizations @ , ` 1C& Dollars and Cents $ 54 Per Lump Sum 2. Lump Sum Traffic Control 11 ( q-�'lad03r LooVu Was and �_ � IA-0 Cents $ Per Lump Sum 3. 1,500 S.F. Roadway Pavement Section Removal @54h4j:gQ 16 Dollars and 40 _ Cents $ a ` $ 3t Per Square Foot E E Page 2 of 4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 150 Tons Construct AC Pavement " V_�D Cents $�° Per Ton 5. 110 Tons Construct Aggregate Base Dollars and 00 a 75y- Vl� Cents $ 35 $ � Per Ton 6. 80 S. F. Reconstruct 1/2 PCC Driveway Approach @ (Tilt, Dollars and 6D t� Cents $ 10 $ _5-W� Per Square Foot 7. 140 S. F. Reconstruct PCC Sidewalk @ /1 Dollars kj and ,II co V�z Cents $ Per Square Foot 8. 40 L.F. Reconstruct PCC Curb and Gutter a Y Dollars and l/t-O Cents Per Linear Foot 9. 225 S. F. Reconstruct Raised Median Bomanite @ Dollars and 1/ld7 Cents $ 0' $ Per Square Foot 0 0 Page 3 of 4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 260 L.F. Install 12 -Inch VCP Sewer Main �CoLb Dollars �� —wand I'k-0 Cents $ ,00' $ a bD Per Linear Foot 11. Lump Sum Remove Existing and Install new 4 -Inch Sewer Lateral with CleIaA nnoouut , @ a rs and r\p Cents $ BCD 70 ° Per Lump Sum 12. Lump Sum Remove Existing 48 -inch Brick Manhole and interfering existing 8 -inch VCP sewer and Install 48 -Inch Sewer Manhole and 8 -inch VCP Sewer 13. 11151 qtcl� Dollars and yt-� Cents $ ;�, a p aW — Per Lump Sum Lump Sum Install 48 -Inch Sewer Manhole @ 6 q4l j "VIt fars and Yt-D Cents Per Lump Sum Lump Sum Restore Existing Improvements Damaged by the Work���� @ (1� �wUFCrr) to Dollars and Cents Per Lump Sum $ 51 TOTAL PRICE IN WRITTEN WORDS and fl ,r) Cents Price (Figures) ( t co l Date Bidder's Telephone nd Fax Numbers and Title 1D53LlL(P Bidder's License No(s). and Classification(s) E Page 4 of 4 lars �yDoo Total Bidder Bi der AuthodziDcl Signature 00,19 ,-D -6 1,ern n�`-� GLd Bidder's Address i,, r--- I CO— 91 S-6 l • 0 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS WEST NEWPORT SEWER MAIN REPLACEMENT CONTRACT NO. 3453 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 1 2 -6 WORK TO BE DONE 1 2 -9 SURVEYING 1 2 -9.3 Survey Service 1 2 -9.6 Survey Monuments 2 SECTION 3 CHANGES IN WORK 2 3 -3 EXTRA WORK 2 3 -3.2 Payment 2 3 -3.2.3 Markup 2 SECTION 4 CONTROL OF MATERIALS 2 4 -1 MATERIALS AND WORKMANSHIP 2 4 -1.3 Inspection Requirements 2 4 -1.3.4 Inspection and Testing 2 SECTION 5 UTILITIES 3 5 -7 ADJUSTMENTS TO GRADE 3 5 -8 SALVAGED MATERIALS 3 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 3 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 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 -5 PERMITS 5 7 -7 COOPERATION AND COLLATERAL WORK 5 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 6 7 -8.8 Steel Plates 6 7 -10 PUBLIC CONVENIENCE AND SAFETY 6 7 -10.1 Traffic and Access 6 7 -10.2 Storage of Equipment and Materials in Public Streets 6 7 -10.3 Street Closures, Detours, Barricades 6 7 -10.4 Public Safety 7 7- 10.4.1 Safety Orders 7 7 -10.5 "No Parking" Signs 7 7 -10.7 Notice to Residents 7 7 -15 CONTRACTOR LICENSES 7 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 8 SECTION 9 MEASUREMENT AND PAYMENT 8 9 -3 PAYMENT 8 9 -3.1 General 8 9 -3.2 Partial and Final Payment 10 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR AND RELATED MATERIALS 10 201 -1 PORTLAND CEMENT CONCRETE 10 201 -1.1.2 Concrete Specified by Class 10 201 -2 REINFORCEMENT FOR CONCRETE 11 201 -2.2.1 Reinforcing Steel 11 201 -5 CEMENT MORTAR 11 201 -5.6 Quick Setting Grout 11 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 11 300 -1 CLEARING AND GRUBBING 11 300 -1.3 Removal and Disposal of Materials 11 300 -1.3.1 General 11 300 -1.3.2 Requirements 11 300 -1.5 Solid Waste Diversion 11 0 0 SECTION 302 ROADWAY SURFACING 12 302 -5 ASPHALT CONCRETE PAVEMENT 12 302 -5.1 General 12 302 -5.4 Tack Coat 12 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 12 302 -6.6 Curing 12 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 12 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 12 303 -5.1 Requirements 12 303 -5.1.1 General 12 SECTION 310 PAINTING 13 310 -5 PAINTING VARIOUS SURFACES 13 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.6 Preparation of Existing Surfaces 13 310 -5.6.7 Layout, Alignment and Spotting 13 310 -5.6.8 Application of Paint 13 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 14 312 -1 PLACEMENT 14 PART 4 SECTION 400 ALTERNATIVE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIALS 14 400 -2 UNTREATED BASE MATERIALS 14 400 -2.1 General 14 400 -2.1.1 Requirements 14 APPENDIX CITY'S CALTRANS PERMIT 1001 -NUE -0370 • SP1of14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS WEST NEWPORT SEWER MAIN REPLACEMENT CONTRACT NO. 3453 INTRODUCTION All work necessary for the completion of this contract shall be done in accord with (1) these Special Provisions; (2) the Plans 5- 5185 -S (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1994 edition), including Supplements; (4) Standard Specifications for Public Works Construction (1997 edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, California, 90034, telephone (310)202 -7775. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE. Add to this section, "The work necessary for the completion of this contract consists of installing approximately 260 linear feet of 12 -inch vitrified clay pipe (VCP), two 48 -inch diameter manhole and other associated appurtenances to construct the new sewer main. Contractor shall expose the connection points at the beginning and ending manholes, Stations 1 +00 and 3 +59, prior to laying new sewer pipe to verify elevations. 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section, "The Engineer will provide construction staking as required to construct the improvements. Any additional stakes or any restaking or costs thereof shall be the responsibility of the Contractor. The City's Surveyor will file a Corner Record or Record of Survey with the County Surveyor's Office prior to the start of any construction. After completion of all construction, the City's Surveyor will file a Corner Record or Record of Survey with the County Surveyor's Office for any monuments that have been replaced. All existing street and property corner monuments are to be preserved." 9 • SP2of14 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and protect them during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall have the affected survey monuments restored per records, at his expense. The Contractor's Engineer or Licensed Surveyor shall also file the required Corner Records with the County of Orange upon monument restoration. SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. This Section only applies to work in excess of the estimated quantities shown in the Proposal." SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in 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. • • SP3of14 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 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust to finish grade City - owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor shall coordinate the adjustment of Southern California Edison, The Gas Company, Pacific Bell and cable television facilities to the finish grade with the appropriate utility company. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing 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. SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section, "The time for completion as specified in Section 6 -7, shall commence at the time of City Council award. The Contractor shall furnish City with certificates of insurance with original endorsements effecting coverage required by this contract (Section G) to the City for processing and approval prior to City permitting any work on site to commence. No work shall begin until 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 two working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." • • SP4of14 The term "work" as used herein shall include all removal of P.C.C. curb and gutter, , and asphalt base and pavement, construction of P.C.C. curb and gutter, roadway base material, and asphalt concrete roadway, construction of new 12 -inch VCP sewer and manholes, restoration of existing improvements impacted by the work, and construction of other incidental items of work." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section, "After City award, the Contractor shall complete all work under the Contract within 20 consecutive working days. This schedule includes five (5) days for processing of contract, bonds and insurance documents. It will be the Contractor's responsibility to ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read, "any City holiday, defined as January 1st, 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 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday in November (Thanksgiving), and December 25th (Christmas). If January 1 st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 8:00 a.m. to 4:30 P.M. Monday through Friday. Restricting traffic to less than two lanes in either direction on Coast Highway will only be allowed between 9:00 a.m. and 3:00 p.m. No lane closures will be allowed on Eastbound Coast Highway prior to 9:00 a.m. 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 48 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 $50.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read, "For each consecutive calendar day after the twenty (20) consecutive working days specified for completion of the work, the time specified for completion of Work, whichever occurs first, as adjusted in accordance with subsection 6 -6, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500. • SP5of14 Revise paragraph two, sentence one, to read, "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time." The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize the disruption time to the public. SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -5 PERMITS. Delete the first sentence and replace with the following, " The contractor will be required to obtain a no fee City of Newport Beach Encroachment permit prior to the start of work. The Contractor is also required to obtain a rider to the City's Caltrans NUE permit for work in West Coast Highway. A copy of the City's Caltrans permit and requirement is attached in the appendix." 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section, "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City three working days notice of the time he desires the shut down of facilities to take place. The City will also salvage all significant plant material. The City will also be responsible for replanting of the landscape material. The successful contractor shall designate the area of landscape disturbance prior to start of work as approved the Engineer. Damage to areas outside the designated areas will be repaired by the City and deducted from the final payment. Contractor is to notify City Parks Superintendent, Marcy Lomeli, three days prior to any work at 949 - 644 -3069. A four -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Division. The City must approve any nighttime work in advance. The City will provide bypassing of sewer flow on Seashore Drive Drive for the connection work at Manhole within Coast Highway (Station 1 +00) during normal working hours. The Contractor shall be responsible for maintaining sewer flow at all other times. The Contractor arrange for City bypassing two days in advance of the need for bypass by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 - 3402." 7-8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section, "If the Contractor elects to use the City's water, he shall arrange for a meter and tender a $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." • 0 SP6of14 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water 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 bay, or the ocean." 7 -8.8 Steel Plates. The City can provide a limited quantity of steel plates. These plates may be obtained for a rental charge of $15.00 per plate per week or part thereof. In addition the Contractor shall deposit $100 for the use of the City's lifting eye fitting and for the use of trench plates. The Contractor shall obtain plates from and return plates to the City's Utilities Yard at 949 West 16th Street. To determine the number of plates available and to reserve the plates, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (949) 718 -3402. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 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. and per Caltrans requirments." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials shall not be stored in streets, roads, or sidewalk areas. Contractor may store equipment and materials in limited spaces within the City parking lot as approved by the Engineer. Contractor will restore parking lot to its preconstruction condition." 7 -10.3 Street Closures, Detours and Barricades. Add to this section "The Contractor shall submit to the Engineer - at least two working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor will be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. All traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), 2001 Edition and per Caltrans requirments. The traffic control and detour plans 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. n ►J 0 SP7of14 4. Vehicle access on One -Way Seashore Drive may be limited during working hours via detours placed by the Contractor. A flagman shall be provided to allow local traffic to pass the work area on Seashore Drive. 5. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection days, 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 furnish, install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division at (949) 644 -3717, for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be similar in design and color to sign R -38 of the CalTrans Uniform Sign Chart. 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. The Contractor shall install "No Parking" signs at each parking space in the parking lot that he intends to occupy during the work. 7 -10.7 Notices to Residents. Five 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. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor A License. At the start of work and until completion of work, the Contractor shall possess a Business License issued by the City of Newport Beach. 0 • SP8of14 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and submitted to the Engineer at the time each progress bill is submitted. Upon completion of the project, the Contractor shall provide "As- Built" corrections upon a copy of the Plans. The "As- Built' correction plans shall be submitted to the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read, "The unit and lump sum prices bid for each item of work shown on the proposed shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work to complete the 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 all preparation and scheduling of materials and equipment necessary to complete the contract work. Item No. 2 Traffic Control: Work under this item shall include providing the required traffic control including, but not limited to, preparation of traffic control plans, signs, delineators, traffic cones, barricades, arrowboards, steel plates, and all other work necessary to comply with the WATCH and the City of Newport Beach requirements. This item shall also include the delivery of all required notices, posting of signs, and all other costs incurred in notifying the residents. Item No. 3 Roadway Pavement Section Removal: Work under this item shall include the removal and disposal of the existing roadway asphalt surface including old 40 foot wide reinforced PCC Highway as shown on profile and all other work items as required to complete the work in place. Item No. 4 Construct Asphalt Pavement: Work under this item shall include all required to place the asphalt paving within the work limits as shown on the drawings and all other work necessary to replace the paving complete and in place. • SP9of14 Item No. 5 Construct Aggregate Base: Work under this item shall include all work required in placing of aggregate base within the work limits as shown on the drawings and all other work necessary to provide the aggregate base complete and in place. Item No. 6 Remove and Reconstruct Existing and Construct P.C.C. One -Half of Driveway Approach: Work under this item shall include the removal of existing improvements and the construction of P.C.C. driveway approach, the depressed curbs and gutter, dowels and all other work necessary to remove the existing improvements and construct the driveway approach complete and in place. Item No. 7 Remove and Reconstruct Existing and Construct 4 -Inch Thick P.C.C. Sidewalk: Work under this item shall include the removal and disposal of the existing sidewalk, subgrade compaction, construction of 4 -inch thick P.C.C. sidewalk, and all other work items as required to complete the work in place. Item No. 8 Remove Existing and Construct P.C.C. Curb and Gutter: Work under this item shall include the removal of existing improvements and the construction of P.C.C. curb and gutter, type "A ", with 2 -foot gutter and all other work necessary to remove the existing improvements and construct the P.C.C. curb and gutter complete and in place. Item No. 9 Remove Existing and Construct Raised Median Bomanite: Work under this item shall include the removal of existing improvements and the construction of raised median Bomanite and all other work necessary to remove the existing improvements and median Bomanite complete and in place. Item No. 10 Install 12 -inch VCP Gravity Sewer Pipe: Work under this item shall include furnishing and installing all pipe material including, but not limited to, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavation, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of sewer pipe, potholing of all existing facilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work necessary to install the pipe complete in place. Item No. 11 Remove Existing and Construct New Sewer Lateral and Cleanout Including Trench Resurfacing: Work under this item shall include removal of existing sewer lateral to restrooms and construction of a new sanitary sewer lateral and cleanout in accord with the City of Newport Beach STD - 406 -L, including, but not limited to, exposing utilities in advance of the work, excavation, temporary patching or plating, control of ground or surface water, backfill, compaction, trench resurfacing, disposal of excess excavated materials, construction of a new sewer lateral and cleanout and all other work necessary to construct the sewer lateral and cleanout complete and in place. 11 • SP 10 of 14 Item No. 12 Remove Existing 48 -inch Brick Sewer Manhole and 8 -inch VCP and Replace Install New 48 -inch Sewer Manhole and 8 -inch VCP sewer: Work under this item shall include furnishing and installing manhole per City STD -406 -L in Seashore Drive (Station 3 +59) and 8 -inch VCP sewer main, including, but not limited to, pavement removal, exposing utilities in advance of the work, excavation, temporary patching or plating, control of ground or surface water, backfill, compaction, disposal of excess excavated materials, installation of base, shaft, grade rings, manhole frames and covers, potholing of all existing utilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of existing brick manhole and excess excavation materials and all other work necessary to construct the sewer manhole complete and in place. Item No. 13 Install New 48 -inch Sewer Manhole: Work under this item shall include furnishing and installing manhole per City STD -406 -L in West Coast Highway (Station 1 +84), inlcuding, but not limited to, pavement removal, exposing utilities in advance of the work, excavation, temporary patching or plating, control of ground or surface water, backfill, compaction, disposal of excess excavated materials, installation of base, shaft, grade rings, manhole frames and covers, potholing of all existing utilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of existing brick manhole and excess excavation materials and all other work necessary to construct the sewer manhole complete and in place. Item No. 14 Restore Existing Hardscape Surface Improvements Damaged by the Work: Work under this item shall include the replacement of hardscape improvements not otherwise covered and all other work necessary to restore the existing improvements complete and in place. 9 -3.2 Partial and Final Payment. Add to this section, "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section, 'Portland Cement concrete for construction shall be Class 560 -C- 3250." • • SP 11 of 14 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section, "Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." 201 -5 CEMENT MORTAR 201 -5.6 Quick Setting Grout. Add to this section, 'The Contractor shall grout the area between an existing reinforced concrete structure and the new storm drain pipe with a quick setting grout." PART 3 CONSTRUCTION METHODS SECTION 300 --- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General. Add to this section, 'The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement." 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with, "Saw cuts shall be neatly made to a minimum of two (2) inches." And replace the words 1 '/z 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. • • SP 12 of 14 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 shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 2,000 psi." 0 • SP 13 of 14 SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.6 Preparation of Existing Surfaces. Modify and amend this section to read, "The Contractor shall remove all existing thermoplastic traffic striping and pavement markings prior to re- striping by a method approved by the Engineer." 310 -5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read, 'The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 310 -5.6.8 Application of Paint. Add to this section, 'Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.45 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re- install "NO PARKING, TOW- AWAY" signs and re- notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes /covers /damages existing striping and /or raised pavement markers outside of the work area, he shall re- stripe /replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." 0 • SP 14 of 14 SECTION 312 - -- PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT. Amend this section with, 1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD - 902 -L. 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement." 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 aggregate base as base materials." F:Wsem; PBW\Shared \Contracts \FY 01 -02 \WEST NEWPORT SEWER MAIN C- 3453 \SPECS C- 3453.doc APPENDIX City Caltrans Encroachment Permit — 1201 -NUE -0370 STATE OF CALIFORNIA . DEPARTMENT OF TRANSPORTATION ENCROACHMENT PERMIT. TR-"20 (REV. 2198) In compliance with (Check one): X Your application of MAY 22, 2001 ❑ Utility Notice No. of ❑ Agreement No. of ❑ R/W Contract No. Of TO: CITY OF NEWPORT BEACH 3300 NEWPORT BLVD. NEWPORT BEACH, CA 92663 M. SINACORI, UTILITIES ENGINEER 949/644 -3342 l 1201 -N U E -0370 Dist/Co /Rte /PM 12 -ORA- VAR -VAR X NO Inspection Date May 23, 2001 Fee Paid D, EXEMPT $ Performance Bond Amount (1) P; No Utility Maintenance Provisions , PERMITTEE And subject to the following, PERMISSION IS HEREBY GRANTED to: Enter onto all conventional State highways within the Newport Beach City limits to perform routine maintenance and to make emergency repairs to existing water, sewer and street lighting facilities, and to pothole as necessary to locate existing electrical facilities. FREEWAYS ARE EXCLUDED from this permit. All work shall be performed in accordance with current Caltrans Standard Specifications, Standard Plans and the attached PERMIT UTILITY MAINTENANCE PROVISIONS. Permittee shall contact State Permit Inspector SHAHRYAR DERAVI at 949/724 -2152 for work north of MacArthur Boulevard, or RAHIM MONAJEMI at 9491440 -4480 for work south of MacArthur Boulevard, prior to the start of work on each emergency repair, and 2 working days prior to the start of routine maintenance work. Failure to comply with this requirement will result in suspension of this permit. Permittee's Contractors shall each furnish the State with a signed application requesting a separate Caltrans "DP" permit authorizing the Contractor to perform the work within the State Highway right of way in Permittee's behalf. A The following attachments are also included as pan of this permit (Check applicable): ❑ Yes X NO Inspection X Yes ❑ No General Provisions ❑ Yes X No Utility Maintenance Provisions X Yes ❑ No Special Provisions ❑ Yes ❑ No A Cal -OSHA permit required prior to beginning work; actual costs for: ❑ Yes X NO Review ❑ Yes X NO Inspection ❑ Yes X NO Field Work (If any Caltrans effort expended) This permit is to be strictly construed and no other work other than specifically mentioned is hereby authorized. No proiect work shall be commenced unfit all other necessary permits and environmental clearances have been obtained. RAHIM MONAJEMI -State Permit Inspector File 01 -0370 Mtce. (2) 1 Ken Nelson, Acting District Director Prepared by Alfred Anguiano ory Mohtasharni, District Permit Engineer FM 91 1436 Page 1 of 2 CITY OF NEWPORT BEACH. • • 1201•NUE -0370 MAY 23, 2001 deposit of $80.00 will be required from each Contractor at the time of application. Each of Permittee's Contractors will be billed periodically for all Caltrans inspection charges and for any costs incurred by Caltrans Maintenance forces relative to this permit. In addition to the attached General Provisions (TR -0 045), the following Special Provisions are applicable: 1. Permittee shall contact the California Highway Patrol Area Commander prior to implementing traffic control which requires lane closures. 2. Whenever the work area is more than 1.83 m away from the adjacent traffic lane but within a designated shoulder or parking lane, a shoulder closure or parking lane closure acceptable to Caltrans shall be utilized. 3. Personal vehicles of the Contractor's employees shall not be parked on paved shoulders or traveled way within the limits of this work. 4. All components of the traffic control system shall be removed from the traveled way and paved shoulders at the end of the each work period. 5. Orange vests and hard hats shall be worn at all times while working within State right -of -way. 6. Unless otherwise authorized by the State Permit Inspector, the full width of traveled way shall be open for use by public traffic on Saturdays, Sundays and designated legal holidays, after 3:00 PM on Fridays and on the day preceding designated legal holidays, and when field operations are not actively in progress. 7. In the event of any discrepancy between Permittee's Permit Plans and these Permit Special Provisions, these Special Provisions shall prevail. 8. Unless otherwise approved by the State Permit Inspector no work that interferes with public traffic shall be performed on weekdays between 6:00 AM and 9:00 AM, or between 3:00 PM and 6:30 PM. 99. Immediately following completion of the work permitted herein, Permittee shall fill out and fax to 949/724 -2265 the attached Questionnaire to initiate final permit processing. WATER POLLUTION CONTROL PROVISIONS • Permittee shall fully conform to the requirements of the Caltrans statewide NPDES Storm Water Permit, Order No. 99 -06 -DWQ, NPDES No. CAS000003, adopted by the State Water Resources Control Board on July 15, 1999. When applicable, the Permittee shall also conform to the requirements of the General NPDES Permit for Construction Activities, Order No. 92 -08 -DWQ, NPDES No. CAS 00002, and any subsequent General Permit in effect at the time of issuance of this Encroachment Permit. These permits regulate storm water and non -storm water discharges associated with year -round construction activities. Please note that the Santa Ana Regional Water Quality Control Board has designate October 1s` through April 30rh as the "Rainy Season." • For all projects of 2 hectares (5 acres) or more the Permittee shall develop, implement, and maintain a Storm Water Pollution Prevention Plan (SWPPP) conforming to the requirements of Caltrans statewide Permit, the General NPDES Permit for Construction Activities, and the "Caltrans Storm Water Quality Handbook, Construction Contractor's guide and Specifications," effective August 30, 1997, and subsequent revisions. • For all projects less than 2 hectares (5 acres), the Permittee shall develop, implement, and maintain a Water Pollution Control Program (WPCP) conforming to the requirements of Caltrans Specification Section 7- 1.01G, "Water Pollution Control ", and the "Caltrans Storm Water Quality Handbook, Construction Contractor's Guide and Specifications ", effective April 30, 1997, and subsequent revisions. A copy of the WPCP must be submitted to Encroachment Permits prior to proceeding with any soil disturbing activities. • Copies of the Permits and the Construction Contractor's guide and Specifications of the Caltrans Storm Water Quality Handbook may be obtained from the Department of Transportation, Material Operations Branch, Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, California 95815, telephone: 916/445 -3520. Copies of the Permits and Handbook are also available for review at Caltrans District 12, 3347 Michelson Drive, Suite 100, Irvine, California, Telephone: 949/724 -2260. Page 2 of 2 STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION ENCROACMIENT PERMIT ANNUAL UTILITY PROVISIONS TR - 0160 A (Rev. 2/94) Any public utility or public corporation who lawfully maintains a utility encroachment, or their agent, may perform routine or emergency maintenance on such facility in accordance with the following provisions: UEI. EXCLUSIONS: These provisions do not authorize tree trimming, work on freeways, expressways, aerial capacity increase on designated "Scenic Highways ", or other activities not specifically provided for in this permit. UE2. POSSESSION OF PERMIT REQUIRED: The permit or a copy thereof shall be kept at the site of the work and must be shown to any representative of the Department or any law enforcement officer on demand. WORK SHALL BE SUSPENDED IF PERMIT IS NOT AT JOB SITE AS PROVIDED. UE3. NOTICE REQUIRED: Before starting work, the permittee shall notify the Department's representative. In emergencies, the Department's representative shall be notified as soon as possible. UE4. STANDARDS OF WORK: All work shall conform to recognized standards of utility construction and Department's current Standard Specifications. UES. EMERGENCY REPAIRS: The permittee may make emergency repairs, altering traffic flow, excavating through improved surfaces, only when breaks in the conduit, cable, or pipeline over or under the pavement present a definite public hazard or serious interruption of essential service. In such cases, the Department's representative shall be notified immediately. UE6. OPEN EXCAVATIONS: No excavation shall be left open after daylight hours, unless specifically authorized and adequate protection for traffic is provided in accordance with general provisions, "Protection of Traffic ". Backfill and pavement replacement shall be performed in accordance with General Provisions, "Restoration and Repairs in Rights of Way ". UE7. TRAFFIC CONTROL HOURS: Work requiring traffic control shall be conducted between 9:00 a.m. and 3:00 p.m. or as otherwise authorized by the Department's representative. UE8. WORK PERMITTED - AERIAL.: Install additional capacity (in the same location), except facilities over the traveled way on designated "Scenic Highways% or on Structures. 2. Maintain, inspect, remove, repair or replace (n the same location) all aerial facilities except over the traveled way or on Structures. 3. Perform insulator washing and interconnect splicing of cables. 4. Install or remove service connections with potential to ground of 300 volts or less, except over the traveled way. 5. Install, maintain, remove, repair or replace aerial service connections with potential to ground of 300 volts or less, over the traveled way when specifically stated in permit. 6. Installations and clearances shall be equal to those required by either the State of California Public Utilities Commission orders or the California Occupational Safety and Health Regulations (CAI. - OSHA), Division of Industrial Safety, Safety Orders, promulgated in the California Code of Regulations, Title 8, Chapter 4, whichever is greater. 1. Maintain, inspect, remove, repair or replace (in the same location) all underground facilities except those requiring trenching in the traveled way. 2. Install additional capacity in existing ducts except for facilities not in compliance with the Department's current "Manual on High and Low Risk Facilities within Highway Rights of Way" or on Structures. 3. Install air flow monitoring transducers and piping in existing ducts. 4. Barholing, potholing, cleaning, rodding and placing float ropes. 5. Adjust access cover to grade and replace in kind or with larger size pull boxes. 6. Interconnect splicing of cables. 7. Install service connections perpendicular to the highway using jacking and boring methods under the traveled way. Electrical service is restricted to a potential to ground of 300 volts or less. Gas and domestic water services are restricted to 5.08 centimeter (2 ") in diameter or less. 8. Permanent pavement patching for work authorized by this permit. UEIO. FAILURE TO COMPLY: Failure to comply with the terms and conditions above shall be grounds for revocation of this permit. 1� _ 3s EP 94 0001 STATE OF CALIFORNIA • DEPARTMENT •RANSPORTATION • STANDARD ENCROACHMENT PERMIT APPLICATION 2_vir0 Page 1 TR-0100 (REV. 8/97) :.FOR CALTRANS USE . ". Permission is requested to encroach on the State Highway Right of PF7RMIT NO. Way � /! / Way as follows: (Complete all items: NA if not applicable.) L ZO✓ <," v It O l 2 74o Application is not complete until all required attachments are included. nI.ST/CO /RTF /PM 1. COUNTY 2. ROUTE 3. POSTMILE SIMPLEX STAMP Orange Various I VAR MARKERS. ETC.) ❑ MOVIE, TV FILMING 4. ADDRESS OR STREET NAME S. CITY ❑ SIDEWALKS /GUTTERS Newport Beach 12 pg' A4W-/ 6. CROSS STREET (Distance and direction from site) 7. PORTION OF RIGHT OF WAY 23 b. Dons this project rouse a substantial change In the significance of a historical resource? N/A B. WORK TO BE PERFORMED BY 9.EST.STARTDATE 10. EST. COMPLETION DATE S MP XSTAMP ❑ OWN FORCES N CONTRACTOR Annual DATE I / ` EXCAVATION 11. MAX. DEPTH 2AVG. DEPTH 14.LENGTH 15. 6URFAC;t TYPE 1GEST.COSTINSTATE W W 17. TYPE 18. DIAMETER 19. VOLTAGE / PSIG 20. PRODUCT PIPES 21. FULLY DESCRIBE WORK WITHIN STATE R/W (additional space on reverse side if needed): Attach complete plans (minimum 5 sets folded 21.6 centimeter X 28 centimenter (8.5' X 11')) specs, calcs, maps, etc., if applicable. NUE permit application for work in State right of way for maintenance and emergency repairs or minor replacement of existing water, sewer and street light facilities installed by developers or contractors. This Permit application is requesting permission to allow potholing existing facilities. Developers will apply for seperate permit for installation. YOUR OWN REFERENCE NO. Has any other Calirans Department reviewed your plans? U YES ❑ NO 22. Is any work being done on applicant's property? ❑ YES ❑ NO (it 'YES." briefly describe in section 421, and attach site and grading plans.) 23. Is a city, county, or other agency involved In the environmental approval? ❑ YES (Check documentation type andaeach approved copy) ❑ CATEGORICALLY EXEMPT ❑N.D. ❑EIR ❑ NO (Check the category below in section 238, which describes the prgect) 238- ❑ FLAGS, SIGNS, BANNERS, ❑ CONSTRUCTION / MODIFICATION OF C] CONSTRUCTION. RECONSTRUCTION, MANTFNANCE, OR DECORATIONS, PARADES AND SIGNALS OR ANY OTHER TRAFFIC CONTROL RESURFACING OF A DRIVEWAY OR ROAD APPROACH CELEBRATIONS SYSTEMS AND DEVICES, INCLUDING ❑ D TCH PAVING ADDITION OF NEW ELEMENTS. E] ADDITION OR REPLACEMENT OF ROADWAY DEVICES OR MARKINGS (GLARE SCREEN, BARRIER, LIGHTING, STRIPING, ❑ FENCE ❑ PUBLIC UTILITY MODIFICATIONS, MARKERS. ETC.) ❑ MOVIE, TV FILMING ❑ MAILBOX EXTENTIONS. HOOKUPS ❑ SIDEWALKS /GUTTERS ❑ EROSION CONTROL ❑ REPAIR /MAINTENANCE OF EXISTING HIGHWAYS ❑ SURVEY ❑NONE OF THE ABOVE (Itpm%ectmootsd= bed in,eoro wtdq&ies, MownApprx tkn Pert B/mm Ae Penn, OKx »J 23 b. Dons this project rouse a substantial change In the significance of a historical resource? ❑YES ❑ NO (If 'YES; request applicatlm Part 'B' fmm the Permit Office) 23 c. Is this protect on an existing highway or street where the activity Involves removal of a scenic resource including a stand of Usea a rock outaoppng or a historic building? ❑ YES ❑ NO (If'YES,'request application Part'B' from the Permit Office) The undersigned agrees and understands that a permit can be denied or a bond required for nonpayment of prior or present permit fees, that the work will be done In accordance with Caltrans rules and regulations subject to Inspection and approval, and that permit fees may still be due when an application is withdrawn or denied, and that a denial may be appealed in accordance with California Streets and Highways Code, Section 671.5. STANDARD ENCROAC&ENT PERMIT APPLICATION • Page 2 TR -0100 (REV. 81971 21. Description of work (continued) FEE CALCULATION - FOR CALTRANS USE ❑ CASH /CHECK ❑ CREDIT CARD EXEMPT ❑ PROJECT EA _ _ _ _ _ _ ❑ SET FEE ❑ AS ❑ AX ❑ DEFERRED BILLING (UNty) CALCULATED BY (1) (2) REVIEW 1. HOURS 0 $ 2. HOURS 0 $ 1. FEE/ DEPOSIT $ DATE 2. FEE / DEPOSIT $ DATE TOTAL FEE/ DEPOSIT $ $ INSPECTION I. HOURS ®$ 2. HOURS ®$ 1. FEE/ DEPOSIT $ DATE 2- FEE! DEPOSIT $ DATE TOTAL FEE/ DEPOSIT $ $ FIELD WORK HOURS 0 $ $ $ $ CASH DEPOSIT IN LIEU OF BOND $ $ $ TOTAL COLLECTED CASHIER'S INITIALS $ $ $ The current houdy rate is set annually by Headquarters Accounting. District Office staff do not have authority to nodify Nws rate. PERFORMANCE BOND ❑ DATE AMOUNT $ PAYMENT BOND ❑ DATE AMOUNT $ LIABILITY INSURANCE REQUIRED? ❑ YES ❑ NO AMOUNT $ FM 91 1403 STANDARD ENCROACHONT PERMIT APPLICATION • Page 2 TR -0100 (REV. 8197) 21. Description of work (continued) FEE CALCULATION - FOR CALTRANS USE ❑ CASH/ CHECK Cl CREDIT CARD 9�€XEMPT Cl PROJECT EA _ _ _ _ _ _ ❑ SET FEE ❑ AS ❑ AX ❑ DEFERRED BILLING (Utlity) CALCULATED BY (1) (2) REVIEW 1. HOURS @ $ 2. HOURS ®$ 1. FEE/ DEPOSIT $ DATE 2. FEE / DEPOSIT $ DATE TOTAL FEE / DEPOSIT $ $ INSPECTION 1. HOURS ®$ 2. HOURS @ $ 1. FEE/ DEPOSIT $ DATE 2. FEE/ DEPOSIT $ DATE TOTAL FEE/ DEPOSIT $ $ FIELD WORK HOURS 0 $ $ $ $ CASH DEPOSIT IN LIEU OF BOND $ $ $ TOTAL COLLECTS CASHIER'S INITIALS $ $ $ 'The current hourly rate Is set annually by Headquarters Accounting. District Office staff do not have authority to modify this rate. PERFORMANCE BOND ❑ DATE AMOUNT $ PAYMENT BOND ❑ DATE AMOUNT $ LIABILITY INSURANCE REQUIRED? ❑ YES ❑ NO AMOUNT $ FM 91 14W 0 - ATTACHMENT CALTRANS DISTRICT 12 ENCROACHMENT PERMIT WATER POLLUTION CONTROL PROVISIONS Any runoff draining into Caltrans Right of Way must fully conform to the current discharge requirements of the Regional Water Quality Control Board (RWQCB) to avoid impacting water quality. Permittee will fully conform to the requirements of the Caltrans Statewide National Pollutant Discharge Elimination System ( NPDES) Storm Water Permit, Order No. 99 -06 -DWQ, NPDES No. CAS000003, adopted by the State Water Resources Control Board on July 15, 1999, in addition to the BMPs specified in the Caltrans Storm Water Management Plan (SWMP). When applicable, the Permittee will also conform to the requirements of the General NPDES Permit for Construction Activities, Order No. 99 -08 -DWQ, + NPDES No. CAS000002, and any subsequent General Permit in effect at the time of issuance of this Encroachment Permit. These permits regulate storm water and non -storm water discharges associated with year -round construction activities. Please note that project activities should pay extra attention to storm water pollution control during the "Rainy Season" (October I` — May I") and follow the Water Pollution Control BMPs to minimize impact to receiving waters. Measures must be incorporated to contain all vehicle loads and avoid any tracking of materials, which may fall or blow onto Caltrans Right of Way. For all projects resulting in 2 hectares (5 acres) or more of soil disturbance or otherwise subject to the NPDES program, the Contractor will develop, implement, and maintain a Storm Water Pollution Prevention Plan (SWPPP) conforming to the requirements of the Caltrans Specification Section 7-1.01G "Water Pollution Control ", Caltrans Statewide NPDES Permit, the General NPDES Permit for Construction Activities, and the Caltrans Storm Water Quality Handbooks "Storm Water Pollution Prevention Plan (SWPPP) and Water Pollution Control Program (WPCP) Preparation Manual ", anj "Construction Site Best Management Practices (BMPs) Manual" effective November 2000, and subsequent revisions. For all projects resulting in less than 2 hectares (5 acres) of soil disturbance or not otherwise subject to the requirements of the NPDES program, the Contractor will develop, implement, and maintain a Water Pollution Control Program (WPCP) conforming to the requirements of Caltrans Specifications Section 7- 1 -.01G, "Water Pollution Control ", and the Caltrans Storm Water Quality Handbooks "Storm Water Pollution Prevention Plan (SWPPP) and Water Pollution Control Program (WPCP) Preparation Manual ", and "Construction Site Best Management Practices (BMPs) Manual" effective November 2000, and subsequent revisions. Copies of the Permits and the Construction Contractor's Guide and Specifications of the Caltrans Storm Water Quality Handbook may be obtained from the Department of Transportation, Material Operations Branch, Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, California 95815, Telephone: (916) 445 -3520. Copies of the Permits and Handbook are also available for review at Caltrans District 12, 3347 Michelson Drive, Suite 100, Irvine, California 92612, Telephone: (949) 724 -2260. Electronic copies can be found at httn : /hvww.dot.ca.2ovihq /construc /stormwater.html Revised 3/08/01 • State of California — Department of Transportation WORK COMPLETION NOTICE 12 -MP -0037 (Rev. 1/94) Permit No: City /Rte.lPvl: Inspector: Permittee: All work authorized by the above - numbered permit Was completed on: Si°ned: CUSTOMER SERVICE QUESTIONNAIRE INSIDE THE OFFICE EXCELLENT . VERY GOOD GOOD POOR Staffcoutteous and helpful Staff quick and efficient Explanations and instructions clear ' TELEPHONE ANSWER LNG Timely response 1 Receiving information and answers INSPECTION Inspector courteous and helpful Pre construction meeting set and Held in a timely manner Inspector at the job site frequently Inspector able to answer questions And deal with problems OVERALL PERFORMANCE What would you say is our overall Performance? Fill out the form immediately after the completion of the work permitted and fac to (949) 724 -2265 STATE OF CALIFORNIA, DEPARTMENT OWSPORTATION Specifications for tMeontrol systems. These General Provisions ENCROACHMENT PERMIT GENERAL PROVISIONS are not intended to impose upon the permittee, by third parties, any TR -0045 (REV. 8198) duty or standard of care, greater than or different from, as required by law. 1. AUTHORITY: The Department's authority to issue encroachment permits is provided under, Div. 1, Chia. 3, An. 1, Sect. 660 to 734 of 15. MINIMUM INTERFERENCE WITH TRAFFIC: Permittee shall the Streets and Highways Code. plan and conduct work so as to create the least possible inconvenience to the traveling public; traffic shall not be 2. REVOCATION: Encroachment permits are revocable on five days unreasonably delayed. On conventional highways, permittce shall notice unless otherwise stated on the permit and except as provided place properly attired Bagger(s) to stop or warn the traveling public by law for public corporations, franchise holders, and utilities. These in compliance with the Manual of Traffic Controls and Instructions to General Provisions and the Encroachment Permit Utility Provisions Flaggers Pamphlet. are subject to modification or abrogation at any time. Permitmes' joint use agreements, franchise rights, reserved rights or any other 16. STORAGE OF EQUIPMENT AND MATERIALS: Equipment and agreements for operating purposes in State highway right of way are material storage in State right of way shall comply with Standard exceptions to this revocation. Specifications Standard Plans and S 'al Pr ' 3. DENIAL FOR NONPAYMENT' OF FEES: Failure to pay permit fees when due can result in rejection of future applications and denial of permits. 4. ASSIGNMENT: No party other than the permittce or permittee's authorized agent is allowed to work under this permit. 5. ACCEPTANCE OF PROVISIONS: Pemnitme understands and agrees to accept these General Provisions and all attachments to this permit, for any work to be performed under this permit: 6. BEGINNING OF WORK: When traffic is not impacted (see Number 35), the permittee shall notify the Department's representative, two (2) days before the intent to start permitted work. Permittee shall notify the Department's Representative if the work is to be interrupted for a period of five (5) days or more, unless otherwise agreed upon. All work shall be performed on weekdays during regular work hours, excluding holidays, unless otherwise specified in this permit. 7. STANDARDS OF CONSTRUCTION: All work performed within highway right of way shall conform to recognized construction standards and current Department Standard Specifications, Department Standard Plans High and Low Risk Facility Specifications, and Utility Special Provisions. Where reference is made to "Contractor and Engineer;' these are amended to be read a; " Permittee and Department representative." 8. PLAN CHANGES: Changes to plans, specifications, and permit provisions are not allowed without prior approval from the State representative. peer ovrs ons. Whenever the Permittee places an obstacle within 3.63 in (12') feet of the traveled way, the permissive shall place temporary railing (Type K). 17. CARE OF DRAINAGE: Pernittee shall provide alternate drainage for any work interfering with an existing drainage facility in compliance with the Standard Specifications, Standard Plans and/or as directed by the Department's representative. 18. RESTORATION AND REPAIRS IN RIGHT OF WAY: Permittee is responsible for restoration and repair of State highway right of way resulting from permitted work (State Streets and Highways Code, Sections 670 et. seq.). 19. RIGHT OF WAY CLEAN UP: Upon completion of work, permittee shall remove and dispose of all scraps, brash, timber, materials, etc. off the right of way. The aesthetics of the highway shall be as it was before work started. 20. COST OF WORK: Unless stated in the permit, or a separate written agreement, the permittee shall bear all costs incurred for work within the State right of way and waives all claims for indemnification or contribution from the State. 21. ACTUAL COST BILLING: When specified in the permit, the Department will bill the permilme actual costs at the currently set hourly rate for encroachment permits. 22 AS -BUILT PLANS: When required, permittee shall submit one (1) set of as -built plans in compliance with Department's requirements. Plans shall be submitted within thirty (30) days after completion and approval of work. 9. INSPECTION AND APPROVAL: All work is subject to monitoring and inspection. Upon completion of work, permittm shall request a final inspection for acceptance and approval by the Department. The local agency permittee shall not give final construction approval to its contractor until final acceptance and approval by the Department is obtained. 23. 10. PERMIT AT WORKSITE: Permittee shall keep the permit package or a copy thereof, at the work site and show it upon request to any Department representative or law enforcement officer. If the permit package is not kept and made available at the work site, the work shall be suspended. 11. CONFLICTING ENCROACHMENTS: Pemdttee shall yield start of work to ongoing, prior authorized, work adjacent to or within the 24, limits of the project site. When existing encroachments conflict with new work, the permittee shall bear all cost for rearrangements, (e.g., relocation, alteration, removal, etc.). It PERMITS FROM OTHER AGENCIES: This permit is invalidated if the permittee has not obtained all permits necessary and required by law, from the Public Utilities Commission of the State of California (PUC), California Occupational Safety and Health Administration (Cal - OSHA), or any other public agency having jurisdiction. 13. PEDESTRIAN AND BICYCLIST SAFETY: A safe minimum Passageway of 1.21 meter (4') shall be maintained through the work area at existing pedestrian or bicycle facilities . At no time stall pedestrians be diverted onto a Portion of the street used for vehicular tmffic. At locations where safe alternate passageways cannot be provided, appropriate signs and barricades shall be installed at the limits of construction and in advance of the limits of construction at the nearest crosswalk or intersection to detour pedestrians to facilities across the street. 14. PUBLIC TRAFFIC CONTROL: As required by law, the permittee shall provide traffic control protection warning signs, lights, safety devices, etc., and take all other measures necessary for traveling 25. public's safety. Day and night time lane closures shall comply with the Manuals of Traffic Controls, Standard Plans, and Standard As -Built plans or accompanying correspondence shall not include disclaimer statements of any kind. Such statements shall constitute non - compliance with these provisions. Failure to provide complete and signed As -Built plans shall be cause for bond or deposit retention by the Department. PERMITS FOR RECORD PURPOSES ONLY: When work in the right of way is within an area under a Joint Use Agreement (JUA) or a Consent to Common Use Agreement (CCUA), a fee exempt permit is issued to the permitter for the purpose of providing a notice and record of work. The Permittee's prior rights shall be preserved without the intention of creating new or different rights or obligations. "Notice and Record Purposes Only" shall be stamped across the face of the permit. BONDING: The permitee shall file bond(s), in advance, in the amount set by the Department. Failure to maintain bond(s) in full force and effect will result in the Department stopping of all work and revoking pemrit(s). Bonds are not required of public corporations or privately owned utilities, unless perminee failed to comply with the provision and conditions under a prior permit. The surety company is responsible for any latent defects as provided in California Code of Civil Procedures, Section 337.15. Local agency permittee shall comply with requirements established as follows: In recognition that project construction work done on Stare property will not be directly funded and paid by State, for the purpose of protecting stop notice claimants and the interests of State relative to successful project completion, the local agency permittee agrees to require the construction contractor furnish both a payment and performance bond in the local agency's name with both bonds complying with the requirements set forth in Section 3 -1.02 of State's current Standard Specifications before performing any project construction work. The local agency permittee shall defend, indemnify, and hold harnless the State, its officers and employees from all project construction related claims by contractors and all stop notice or mechanic's lien claimants. The local agency also agrees to remedy, in a timely manner and to State's satisfaction, any latent defects occurring as a result of the project construction work. FUTURE MOVING OF INSTALLATIONS: Permittee, understands and agrees to rearrange a permitted installation upon request by the Department, for State construction, reconstruction, or maintenance 26. 27. 28. 29. 30. work on the highway. The permittee at his sole expense, unless under a prior agreement, JUA, or a CCUA, shall comply with said request. ARCHAEOLOGICAIAHSTORICAL: If any archaeological or historical resources are revealed in the work vicinity, the permittee shall immediately stop work, notify the Department's representative, retain a qualified archaeologist who shall evaluate the site, and make recommendations to the Department representative regarding the continuance of work. PREVAILING WAGES: Work performed by or under a permit may require permittee's contractors and subcontractors to pay appropriate prevailing wages as set by the Department of Industrial Relations. Inquiries or requests for interpretations relative to enforcement of prevailing wage requirements are directed to State of California Department of industrial Relations, 525 Golden Gate Avenue, San Francisco, California 94102. RESPONSIBfLI[TY FOR DAMAGE: The State of California and all officers and employees thereof, including but not limited to the Director of Transportation and the Deputy Director, shall not be answerable or accountable in any manner for injury to or death of any person, including but not limited to the Pcrmittee, persons employed by the permittee, persons acting in behalf of the permittce, or for damage to property from any cause. The pertnitlee shall be responsible for any liability imposed by law and for injuries to or death of any person, including but not limited to the permittee, persons employed by the permitter, persons acting in behalf of the permittee, or for damage to property arising out of work, or other activity permitted and done by the permittee under a permit, or arising out of the failure on the permittee's par to perform his obligations under any permit in respect to maintenance or any other obligations, or resulting from defects or obstructions, or from any cause whatsoever during the progress of the work, or other activity or at any subsequent time, work or other activity is being performed under the obligations provided by and contemplated by the permit. The permittee shall indemnify and save harmless the State of California, all officers, employees, and State's contractors, thereof, including but not limited to the Director of Transportation and the Deputy Director , from all claims, wits or actions of every name, kind and description brought for or on account of injuries to or death of any person, including but not lirnited to the Permium. persons employed by the permittee, persons acting in behalf of the permittee and the public, or damage to property resulting from the performance of work or other activity under the permit, or arising out of the failure on the permittee's part to perform his obligations under any permit in respect to maintenance or any other obligations, or resulting from defects or obstructions, or from any cause whatsoever during the progress of the work, or other activity or at any subsequent time, work or other activity is being performed under the obligations provided by and contemplated by the permit, except as otherwise provided by statute. The duty of the permittee to indemnify and save harmless includes the duties to defend as set forth in Section 2778 of the Civil Code. The permitter waives any and all rights to any type of expressed or implied indemnity against the State, its officers, employees, and Stale contractors. It is the intent of the Parties that the permiree will indemnify and hold harmless the State, its officers, employees, and State's contractors, from any and all claims, suits or actions as set forth above regardless of the existence or degree of fault or negligence, whether active or passive, primary or secondary, on the par of the State, the permittee, persons employed by the permittee, or acting on behalf of the PermiuM For the purpose of this section, "State's contractors" shall include contractors and their subcontractors under contract to the State of California performing work within the limits of this permit. NO PRECEDENT ESTABLISHED: This permit is issued with the understanding that it does not establish a precedent. FEDERAL CIVIL RIGHTS REQUIREMENTS FOR PUBLIC ACCOMMODATION: A. The permium for himself, his personal representative, successors in interest, and assigns as part of the consideration hereof, does hereby covenant and agree that: 1. No person on the grounds of race, color, or national origin shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. 2. That in connection with the construction of any improvements on said lands and the furnishings of services thereon, no discrimination shall be practiced in the selection and retention of first -tier subcontractors in the selection of second tier subcontractors. 3. That such discrimination shall not be practiced against the public in their access to and use of the facilities and services provided for 31. 32. 33. Kill 35. ft; A public accommodations (such as eating, sleeping, rest, recreation), and operation on, over, or under the space of the right of way. 4. That the permittee shall use the premises in compliance with all other requirements imposed pursuant to Title 15, Code of Federal Regulations, Commerce and Foreign Trade, Subtitle A. Office of the Secretary of Commerce, Part 8 (15 C.F.R. Part 8) and as said Regulations may be amended. B. That in the event of breach of any of the above nondiscrimination covenants, the Slate shall have the right to terminate the permit and to re -enter and repossess said land and the land and the facilities thereon, and hold the same as if said permit had never been made or issued. , MAINTENANCE OF HIGHWAYS: The permittee agrees, by acceptance of a permit, to properly maintain any encroachment. This assurance requires the permntce to provide inspection and repair any damage, at permittee's expense, to Stole facilities resulting from the encroachment. SPECIAL. EVENTS: In accordance with subdivision (a) of Streets and Highways Code Section 682.5, the Department of Transportation shall not be responsible for the conduct or operation of the permitted activity, and the applicant agrees to defend, indemnify, and hold harmless the State and the city or county against any and all claims arising out of any activity for which the permit is issued. Permitter understands and agrees that it will comply with the obligations of Titles 11 and Ill of the Americans with Disabilities Act of 1990 in the conduct of the event, and further agrees to indemnify and save harmless the State of California, all officers and employees thereof, including but not limited to the Director of Transportation, from any claims or liability arising out of or by virtue of said Act. PRIVATE USE OF RIGHT OF WAY: Highway right of way shall not be used for private purposes without compensation to the State. The gifting of public property use and therefore public funds is prohibited under the California Constitution, Article 16. FIELD WORK REIMBURSEMENT: Pamince shall reimburse State for field work performed on permittee's behalf to correct Or remedy hazards or damaged facilities, or clear debris not attended to by the permittee. Notification of Department and TMC: The Permiltce shall notify the Department's representative and the Traffic Management Center (TMC) at least 7 days before initiating a lane closure or conducting an activity that may cause a traffic impact. A confirmation notification should occur 3 days before closure or other potential traffic impacts. In emergency situations when the corrective work or the emergency itself may affect traffic. TMC and the Department's representative shall be notified as soon as possible. Underground Service Alert (USA) Notification: Any excavation requires compliance with the provisions of Government Code Section 4216 et. seq., including , but not limited to notice to a regional notification center, such as Underground Service Alert (USA). The permittee shall provide notification at least 48 boors before performing any excavation work within the right of way. n work on the highway. The pertain" at his sole expense, unless under a prior agreement, JUA, or a CCUA, shall comply with said request. 26. ARCHAEOLOGICAL/HISTORICAL: If any archaeological or historical resources me revealed in the work vicinity, the permittee, shall immediately stop work, notify the Department's representative, retain a qualified archaeologist who shall evaluate the site, and make recommendations to the Department representative regarding the continuance of work. 27. PREVAILING WAGES: Work performed by or under a permit may require permittee's contractors and subcontractors to pay appropriate prevailing wages as set by the Department of Industrial Relations. Inquiries or requests for interpretations relative to 31. enforcement of prevailing wage requirements are directed to State of California Department of Industrial Relations, 525 Golden Gate Avenue, San Francisco, California 94102. RESPONSIBILITY FOR DAMAGE: The State of California and all officers and employees thereof, including but not limited to the Director of Transportation and the Deputy Director, shall not be answerable or accountable in any manner for injury to or death of any person, including but not limited to the permittee, persons employed by the permittee, persons acting in behalf of the pernimee, or for damage to property from any cause. The permitter shall be responsible for any liability imposed by law and for injuries to or death of any person, including but not limited to the permittee, persons employed by the permium, persons acting in behalf of the permiittee, or for damage to properly arising out of work, or other activity permitted and done by the permittee under a permit, or arising out of the failure on the permitte's part to perform his obligations under any permit in respect to maintenance or any other obligations, or resulting from defects or obstructions, or from any cause whatsoever during the progress of the work, or other activity or at any subsequent time, work or other activity is being performed under the obligations provided by and contemplated by the permit. The permittee shall indemnify and save harmless the State of California, all officers, employees, and State's contractors, thereof, including but not limited to the Director of Transportation and the Deputy Director , from all claims, suits in actions of every name, kind and description brought for or on account of injuries to or death of any person, including bra not limited to the permittee, persons employed by the permittee, persons acting in behalf of the permihee and the public, or damage to property resulting from the performance of work or other activity under the permit, or arising out of the failure on the permittee's pan to perform his obligations under any permit in respect to maintenance or any other obligations, or resulting from defects or obstructions, or from any cause whatsoever during the progress of the work, or other activity or at any subsequent time, work or other activity is being performed under the obligations provided by and contemplated by the permit, except as otherwise provided by statute. The duty of the permittce to indemnify and save harmless includes the duties to defend as set forth in Section 2778 of the Civil Code. The permittee waives any and all rights to any type of expressed or implied indemnity against the State, its officers, employees, and State contractors. It is the intent of the parties that the permittce will indemnify and hold harmless the State, its officers, employees, and State's contractors, from any and all claims, suits or actions as set forth above regardless of the existence or degree of fault or negligence, whether active or passive, primary or secondary, on the part of the State, the permittee, persons employed by the petmittee, or acting on behalf of the permittee. For the purpose of this section, "State's contractors' shall include contractors and their subcontractors under contract to the State of California performing work within the limits of this permit. 29. NO PRECEDENT ESTABLISHED: This permit is issued with the understanding that it does not establish a precedent. 30. FEDERAL CIVIL RIGHTS REQUIREMENTS FOR PUBLIC ACCOMMODATION: A. The permittee, for himself, his personal representative, successors in interest, and assigns as part of the consideration hereof, does hereby covenant and agree that: 1. No person on the grounds of race, color, or national origin shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. 2. That in connection with the construction of any improvements on said lands and the furnishings of services thereon, no discrimination shall be practiced in the selection and retention of first -tier subcontractors in the selection of second -tier subcontractors. 3. That such discrimination shall not be practiced against the public in their access to and use of the facilities and services provided for public accommodations (such as eating, sleeping, rest, recreation), and operation on, over, or under the space of the right of way. 4. That the perminee shall use the premises in compliance with all other requirements imposed pursuant to Title 15, Code of Federal Regulations, Commerce and Foreign Trade, Subtitle A. Office of the Secretary of Commerce, Pan 8 (15 C.F.R. Part 8) and as said Regulations may be amended. B. That in the event of breach of any of the above nondiscrimination covenants, the State shall have the right to terminate the permit and to re -enter and repossess said land and the land and the facilities thereon, and hold the same as if said permit had never been made or issued. MAINTENANCE OF HIGHWAYS: The permittee agrees, by acceptance of a permit, to properly maintain any encroachment. This assurance requires the permiaw to provide inspection and repair any damage, at permittee's expense, to State facilities resulting from the encroachment. 32. SPECIAL, EVENTS: In accordance with subdivision (a) of Streets and Highways Code Section 682.5, the Department of Transportation shall not be responsible for the conduct or operation of the permitted activity, and the applicant agrees to defend, indemnify, and hold harmless the State and the city or county against any and all claims arising out of any activity for which the permit is issued. Penninee understands and agrees that it will comply with the obligations of Titles 11 and 111 of the Americans with Disabilities Act of 1990 in the conduct of the event, and further agrees to indemnify and save harmless the State of California, all officers and employees thereof, including but not limited to the Director of Transportation, from any claims or liability arising out of or by virtue of said Act. 33. PRIVATE USE OF RIGHT OF WAY: Highway right of way shall not be used for private purposes without compensation to the Slate. The gifting of public property use and therefore public funds is prohibited under the California Constitution, Article i6. 34. FIELD WORK REIMBURSEMENT: Permittee shall reimburse State for field work performed on permittee's behalf to correct or remedy hazards or damaged facilities, or clear debris not attended to by the permittee. 35. Notification of Department and TMC: The permittee shall notify the Department's representative and the Traffic Management Center (TMC) at least 7 days before initiating a lane closure or conducting an activity thin may cause a traffic impact. A confirmation notification should occur 3 days before closure or other potential traffic impacts. In emergency situations when the corrective work or the emergency itself may affect traffic, TMC and the Department's representative shall be notified as soon as possible. 36. Underground Service Alert (USA) Notification: Any excavation requires compliance with the provisions of Government Code Section 4216 et. seq., including , but not limited to notice to a regional notification center, such as Underground Service Alen (USA). The pertnittee shall provide notification at least 48 hours before performing any excavation work within the right of way. September 25, 2001 CITY COUNCIL AGENDA ITEM NO. 4 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: WEST NEWPORT SEWER MAIN REPLACEMENT PROJECT - AWARD OF CONTRACT NO. 3453 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Adopt Resolution No. 2001 - affirming the emergency bidding process for the West Newport Sewer Main Replacement Project, Contract No. 3453, with a minimum of five affirmative votes approving the process per Section 1110 of the City Charter. 3. Award Contract No. 3453 to A.D. General Engineering for the total bid price of $114,540 and authorize the City Manager to execute the contract. 4. Establish an amount of $15,000 to cover the cost of unforeseen work. 5. Authorize a Budget Amendment transferring $150,000 from the unappropriated Wastewater Fund Balance to Account No. 7531- C5600292. PROJECT BACKGROUND The Utilities Department received a phone call from the resident at 5601 Seashore Drive close to noon on Thursday, August 23, stating that their home was flooded with sewer water. Crews responded immediately to the scene with Vactors in an effort to mitigate the spill. A General Services Vactor truck was also called to the scene. Wastewater crews assisted the homeowner with clean up and odor problems. The blockage was caused by excessive corrosion of the 8 -inch steel sewer pipe that crosses West Coast Highway approximately 900 feet east of the intersection of Prospect Street (see project location map). The corrosion resulted in the collapse of the sewer. A temporary repair was made to maintain the sewer service, which took most of the weekend. It became apparent during the repair that other sections were also corroded. Another failure is imminent, along with the risk of another backup. "OPTO) i ZOWTI x ul -1q 0 0 Subject: West Newport Sewer Main Replacement —Award of Contract No. 3453 September 25, 2001 Page: 2 APPROVAL OF EMERGENCY BIDDING PROCESS Staff prepared contract documents for the replacement of approximately 260 linear feet of sewer main in less than a week. The replacement pipe will be 12- inches instead of the existing 8- inches to increase capacity in the area. The sewer pipe will be vitrified clay and will replace all sections of steel pipe within this reach. Traffic will be impacted on Coast Highway during the anticipated 20 days of construction and minor delays can be expected. Staff solicited bids from five contractors for the emergency work; GCI Construction, Majich Brothers, Ken Thompson, Inc., A.D. General Engineering, and Dotty Brothers. Each of these contractors have been successful low- bidders on past Public Works projects. Three of the contractors are currently working within the City. The bid period for the project was one week with the bid opening on September 11, at 2:00 p.m. Attached is the bid summary, which indicates A.D. General Engineering submitted the lowest responsible bid of $114,540. This bid is 16 percent below the engineer's estimate of $136,800. Because of the emergency nature of this project, the City Manager authorized preliminary work (not - to- exceed $30,000) to begin prior to Council's approval. There is currently $304,000 available in the Sewer Main Master Plan Improvement Project Account, although those funds have already been earmarked for other projects throughout the coming year. There are sufficient funds in the Unappropriated Fund Balance of the Wastewater Fund to cover the estimated project costs for this emergency repair. Section 1110 of the City Charter allows the City to proceed on an emergency basis if the work is deemed of urgent necessity by the City Council for the preservation of life, health, or property and shall be authorized by Resolution passed by at least five affirmative votes containing a declaration of facts constituting such urgency. Staff recommends approval of the plans and specifications, approval of the emergency bid process, award to A.D. General Engineering, and requests a Budget Amendment of $150,000 from the Wastewater Fund balance to the Sewer Main Master Plan Improvement Capital Project, Account No. 7531- C5600292. Respectfully uyln ed, ,__PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director By: 4r�4wv Michael aco ', P.E. Principal ineer Attachment: Resolution 2001 - Project Location Map Budget Amendment Bid Summary RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EMERGENCY BIDDING PROCESS FOR THE WEST NEWPORT SEWER MAIN REPLACEMENT PROJECT WHEREAS, The City of Newport Beach provides wastewater service to the citizens of Newport Beach; and WHEREAS, the City is proactive in its efforts to maintain and operate the wastewater system and has appropriate levels of staff and equipment to maintain a highly effective system; and WHEREAS, The City is proactive in its efforts to replace and improve the wastewater system through its Wastewater Capital Improvement Program by replacing aging and known problem sewers; and WHEREAS, the City Utilities Department Staff reported a 8 -inch steel sewer main with excessive corrosion which resulted in a collapse of a twenty -foot length of the sewer pipe on Thursday, August 23, 2001; and WHEREAS, the City Staff believes another collapse or sewer backup is imminent; and WHEREAS, the City Staff has implemented an emergency bidding process for the replacement of 260 linear feet of sewer main. NOW, THEREFORE, it is hereby Determined and Resolved by the City Council of the City of Newport Beach that the replacement of the sewer is of urgent necessity for the preservation of life, health and property; and BE IT FURTHER RESOLVED, that the City Council hereby authorizes and approves the emergency bidding process for the West Newport Sewer Main Replacement, Contract No. 3453, in accordance with Section 1110 of the City Charter. Adopted this day of September, 2001. ATTEST: LaVonne Harkless CITY CLERK Garold Adams MAYOR F:\ Users \PBW\Shared \Resolutions \West Newport Sewer - Emergency Award.doc Z W E Ya �w L� 3N Y O z3 U 1 J J a z � w O w � U 3 z w w 3 3 W n Q Z O Q U O J C* of Newport Beach BUDGET AMENDMENT 2001 -02 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: • NO. BA- 010 AMOUNT: S1so,000.ao Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expenditure appropriations for the West Newport Sewer Main Replacement Project, Contract No. 3453. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 530 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Division Account Division Account Division Account Division Account Division Account Signed: Signed: Signed: Description Wastewater Fund Balance Description Description Number 7531 Sewer Main Replacement Number C5600292 Sewer Main Master Plan Improvement Number Number Number Number Number Number Amount Debit Credit $150,000.00 $150,000.00 Number Number AutorwUc System Entry. Fina ci Approval: Administrativ S rvices Director Date 4 Administrative Appr al: City Manager /D R6 City Council Approval: City Clerk Date Z U Q W ym O a 3 W Z U. O N U yW hb W x U co n 9L LLI O OQ N U a ul � f � � W N V U W S u-�u Z W QO V � 0 m m C 3 !A o 0 o $ CO y M Y � f w a W W Z !Y w Z W LQ E3 Z � W O 0 v a f O C f f 0 m O O N c V N N N a n v 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Z 0 O 0 O 0 O 0 C 0 C 0 O 0 O 0 0 G 0 0 0 0 0 0 0 0 0 O O O Z z O O vJ OO P W C N C P O O O O O 0 O O Lr Ill O O� P l0 M vl L O N LQ O� CFJ 1� P IJ1 M M ti ti M IO ti IA M N � < N P crz a rl Z 0 0 0 0 0 0 0 0 0 0 0 O O O O O N 0 0 0 W 0 N 0 0 0 0 O O O O O M m M P O O O O V J7 Z O O •~ •~ •~ .y v1 O N vl M P V M N H 0 0 0 0 0 0 0 0 0 0 0 O O O p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p Z OO OO O OO O O O O O OO OO 0 0 0 O N O O O O O N O vl O N O m O i� m m 0 C l 0 O O O O O � W m O S "J V 0 0 0 0 0 0 0 0 0 0 0 0 0 a� m o 0 0 0 0 0 0 0 0 0 o O o 0 0 0 Ilf O O O of N O� O 0 0 0 � N O O O M M O R O M O A N ti 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p Z O O O O O OO OO OO IA 0 0 O O vt O O O O P N N m vt m .y m N m P K V1 m M N N _- ^ .y N Vl P W Z Q w ,.y C7 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N 0 N 0 vl O 6 0 P 6 O 0 vl 0 O 0 O 0 O 0 O 0 Vf 3 N tp P Q � of tD N in P J O o 0 0 0 0 0 0 0 0 0 0 0 0 0 1iJ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 FQ Z 00000000000 000 0 E 0 o 0 0 0 0 N 0 O 0 P 0 m 0 0 N 0 v1 O n n O 0 0 0 p � W ¢ m M r1 N 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O 0 0 0 0 0 0 O O O W F O O vl 0 0 0 of O O O O O O O Z 0 0 lD P N .y M N O O O O O W Z O O N O O ul O W vl vl N O W {A LL C C LL LL LL LL LL !r J J J VI F A N VI J V1 J .J J J -i J Z 0 0 0 0 0 0 Ill O O Ol r N N L O 7 P N O O O g v c x ou , w 3 a v a o U v p` U m U al m u a u > c w D o v D Y a ti a s 0 m , - N m c - U P O LL MM 7 J N W W N S U 3 V L C C C C- 0 f Y a m C c 0 u 0 u i o u 0 u u 0 0 v a f O C f f 0 m O O N c V N N N a n v * of Newport Beach BUDGET AMENDMENT 2001 -02 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates fq Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations PX from additional estimated revenues from unappropriated fund balance cvot AnlAnnnl- NO. BA- 010 AMOUNT: $1so,aoo.00 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance I SEP % 5 �_. BV I 1. ED- This budget amendment is requested to provide for the following: To increase expenditure appropriations for the West Newport Sewer Main Replacement Project, Contract No. 3453. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 530 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITUREAPPROPRIATIONS (3603) Description Wastewater Fund Balance Description Amount Debit Credit $150,000.00 Description Division Number 7531 Sewer Main Replacement Account Number C5600292 Sewer Main Master Plan Improvement $150,000.00 Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number AutomaUc System Entry. r� Signed: Fina ci Approval: Administrativ S as Director Date Signed: /Administrative A"ppr al: Cpi7tyy Manager D e Signed: �Ap /y'�(_,. � -/V� r City Council Approval: City Clerk Date ! • RESOLUTION NO. 2001- 79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EMERGENCY BIDDING PROCESS FOR THE WEST NEWPORT SEWER MAIN REPLACEMENT PROJECT WHEREAS, The City of Newport Beach provides wastewater service to the citizens of Newport Beach; and WHEREAS, the City is proactive in its efforts to maintain and operate the wastewater system and has appropriate levels of staff and equipment to maintain a highly effective system; and WHEREAS, The City is proactive in its efforts to replace and improve the wastewater system through its Wastewater Capital Improvement Program by replacing aging and known problem sewers; and WHEREAS, the City Utilities Department Staff reported a 8 -inch steel sewer main with excessive corrosion which resulted in a collapse of a twenty -foot length of the sewer pipe on Thursday, August 23, 2001; and WHEREAS, the City staff believes another collapse or sewer backup is eminent; and WHEREAS, the City Staff has implemented an emergency bidding process for the replacement of 260 linear feet of sewer main. NOW, THEREFORE, it is hereby Determined and Resolved by the City Council of the City of Newport Beach that the replacement of the sewer is of urgent necessity for the preservation of life, health and property; and BE IT FURTHER RESOLVED, that the City Council hereby authorizes and approves the emergency bidding process for the West Newport Sewer Main Replacement, Contract No. 3453, in accordance with Section 1110 of the City Charter. Adopted this 25th day of September, 2001. NOR11116M 0% f1JILP WPM" Garold Adams MAYOR ATTEST: LaVonne Harkless CITY CLERK • • STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2001 -79 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 25th day of September, 2001, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 26th day of September, 2001. (Seal) 4� /il,ka —&, City Clerk Newport Beach, California 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 October 1. 2001 Majich Bros., Inc. P.O. Box 337 1286 E. Calaveras Street Altadena, CA 91003 -0337 Gentlemen: Thank you for your courtesy in submitting a bid for the West Newport Sewer Main Replacement Project (Contract No. 3453) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, oil LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach 0 9 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 October 1, 2001 Ken Thompson, Inc. 8851 Watson Street Cypress, CA 90630 Gentlemen: Thank you for your courtesy in submitting a bid for the West Newport Sewer Main Replacement Project (Contract No. 3453) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CITlY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 October 1, 2001 GCI Construction, Inc. 245 Fischer Avenue, Suite B -3 Costa Mesa, CA 92626 Gentlemen: Thank you for your courtesy in submitting a bid for the West Newport Sewer Main Replacement Project (Contract No. 3453) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, AM" M,W ;, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach