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HomeMy WebLinkAboutC-3468 - University Drive Zone III 16-Inch Water Main Improvement Project0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC July 9, 2003 Brongo Construction 32332 Camino Capistrano, #205 San Juan Capistrano, CA 92675 Subject: University Drive Zone III 16 -Inch Water Main Replacement (C -3468) To Whom It May Concern: On July 9, 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 21, 2002. The Surety for the contract is Fidelity and Guaranty Insurance Company, and the bond number is FC910600028. Enclosed is the Faithful Performance Bond. Sincerely, LaVonne M. Harkless, CMC City Clerk cc: Public Works Department Michael J. Sinacori, P. E., Principal Civil 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 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BOND NIMER. FC910600028 PREMIUM: $2,745.00 UNIVERSITY DRIVE ZONE III 16 -INCH WATER MAIN REPLACEMENT CONTRACT NO. 3468 BOND NO. FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 2.745.00 being at the rate of $ thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of Califomla, by „ motion adopted, awarded to Name of Contractor, hereinafter designated as the "Principal ", a contract for construction of UNIVERSITY DRIVE ZONE III 164NCH WATER MAIN REPLACEMENT, Contract No. 3468 in the City of Newport Beach, in strict conformity with the plans,* drawings; specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. . WHEREAS, Principal has executed or is about to execute Contract No. 3468 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and FIDELITY AND GUARANTY IN!jURANCE COMPANY , duly authorized to transact business under the laws of the State of California as Surety fh ei�u�P -we held and finely bound unto the City of Newport Beach, in the sum of THOUSAND THREF Wj0RFn Frtrcv Dollars ($ ll6,350 '00° " .`) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and. assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly.keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or falls to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will falthfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 0 • • As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City Is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 7TH day of FEBRUARY BRONCO CONSTRUCTION Name of Contractor (Principal) FIDELITY AND GUARANTY INSURANCE COMPANY Name of Surety 23232 PERALTA DRIVE, STE. 222 LAGUNA HILLS, CA 92653 Address of Surety 949 -461 -7000 Telephone YUNG T_ MMTT('K ATr0u2MY--X.&--)7ACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 0 0 CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF ORANGE LM before me, I--M&W , personally appeared XX personally known to me; or proved to me on the basis of satisfactory evidence to be the person( -e) whose name(a) is /arve subscribed to the within instrument and acknowledged to me that (he /shefti:feq) executed the same in authorized capacity( -i s) , and that the entity upon behalf of which the person( -e- acted, executed the instrument. WITNESS my hand and official seal. (SEAL) x V FRANCES LEFLER a - COMM. N0.1217724 w M NOTARY PUGLIC :A"U"I 1A 0: RIVERSIDE COUNTY W MYCOMM.cX11RES MAY. 1�4,2003� Signature or No ary'Public CAPACITY CIAZMED BY SIGNER: Though statute does not require the notary to'fill in the data below, doing so may prove invaluable to persons relying on the document. Individual(s) Corporate Officer(s) Titles partner(s) XX attorney -in -Fact Trustee(s) Guardian /Conservator Other: Signer is representing: and and Limited General ATTENTION NOTARY: Although the information requested below is optiocial, it could prevent fraudulent attachment of this certificate to unauthorized document. Title of type of document: Number of pages: Date of document: Sianer(s) other than named above: THIS CERTIFICATE MUST BE ATTACHED TO TBE DOCII*+ NT DESCRIBED ABOVE. KASjl: kO: August 21, 2002 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 6443005 Brongo Construction 32332 Camino Capistrano, #205 San Juan Capistrano, CA 92675 Subject: University Drive Zone III 16 -Inch Water Main Replacement (C -3468) To Whom It May Concern: On July 9, 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 17, 2002, Reference No. 20020593650. The Surety for the contract is Fidelity and Guaranty Insurance Company, and the bond number is FC910600028. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk LMH:Iib cc: Public Works Department Michael J. Sinacori, P. E., Principal Civil Engineer encl. 3300 Newport Boulevard, Newport Beach 0 EXECUTED IN FOUR COUNTERPARTS CITY OF NEWPORT BEACH BOND NUMBER: FC910600028 PUBLIC WORKS DEPARTMENT PREMIUM INCLUDED IN PERFORMANCE BOND UNIVERSITY DRIVE ZONE III 16 -INCH WATER MAIN REPLACEMENT CONTRACT NO. 3468 BOND NO. LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Name of Contractor, hereinafter designated as the " Princlpal," a contract for construction of UNIVERSITY DRIVE ZONE III 16 -INCH WATER- MAIN REPLACEMENT, Contract No. 3468 in the City of Newport Beach, in strict confomlity 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 herefn by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3468 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in', upon, for, or about the performance of the work agreed to be done, or for any work..or_ labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, FIDELITY AND GUARANTY INSURANCE COMPANY duty authorized. to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of ONE HUNDRED SIXTEEN THOUSAND THREE Dollars ($ 116,350.00— ) lawful money of the United States of America, said sum HUNDRED being equal to 100% of the estimated amount payable by the City of Newport Beach under the FIFTY terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally,'. firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies; implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department . from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 26 0 0 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to- the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above -named Principal and Surety, on the 7TH day of FEBRUARY . 2002__ BRONGO CONSTRUCTION Name of Contractor (Principal) FIDELITY AND GUARANTY iASURANCE COMPANY Name of Surety 23232 PERALTA DRIVE, 1222 LAGUNA HILLS, CA 92653 YUNG . MULLI Address of Surety Print Name and 949 - 461 -7000 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURM MUST BE ATTACI -1.4D 27 0 9 CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF ORANGE On before me, s.s. personally appeared xx personally known to me; or proved to me on the basis of satisfactory evidence to be the person() whose name(-a) is/aye subscribed to the within instrument and acknowledged to me that (he /seq) executed the same in authorized capacity (es), and that the entity upon behalf of which the person( -s-) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) yy P FRANCES LEFLER nl COMM. NO. 1217724 N D` NOTARY PUBLIC-CALIFORNIA U) W RIVERSIDE COUNTY w xMY COMM, LXk IRE$ MAY. 14,2= Signature of N ary Public CAPACITY cLAZMED BY SIGNER: Though statute does not require the notary to'fill in the data below, doing so may prove invaluable to persons relying on the document. Individual(s) Corporate Officer(s) Titles Partner(s) xx attorney -in -Fact Trustee(s) Guardian /Conservator Other: Signer is representing: Limited and and General ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. Title of type of document: Number Of pages: Date of document:_ Signa-(s) other than named above: THIS CL•'RTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE. KASjl5w: NOW Unites gates Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Power of Attorney No. FC910600028 KNOW ALL MEN BY THESE PRESENTS: That United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa. (herein collectively called the "Companies") and that the Companies do hereby make, constitute and appoint Yung T. Mullick of the City of Irvine , State of CA their true and lawful Attomey(s) -in -Fact, each in their separate capacity if more than one is named above. to sign its name as surety to. and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contract and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF , the Companies have caused this instrument to be signed this 1st day of October, 1999. UNITED STATES FIDELITY AND GUARANTY COMPANY FIDELITY AND GUARANTY INSURANCE COMPANY By, i--e' � — 0 Michael R. McKibben, Assistant Secretary State of Maryland City of Baltimore On this the 1st day of October, 1999, before me, the undersigned officer, personally appeared Michael B. Keegan and Michael R. McKibben, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of United States Fidelity and Guaranty Company and Fidelity and Guaranty Insurance Company, and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. In Witness Whereof. I hereunto set my hand and official seal. t tal, !f� 1 i Notary Public My Commission expires the 13th day of July, 2002. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of United States Fidelity and Guaranty Company and Fidelity and Guaranty Insurance Company, on September 2, 1998, which resolutions are now in full forts and effect, reading as follows. RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attomey(s) -in -Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Powers(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or any Vice President , or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary. under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Ahomey(s )-in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached.: and RESOLVED FURTHER , that Attomey(sHn -Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attorney(s)mm-fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I, Michael R. McKibben, Assistant Secretary of United States Fidelity and Guaranty Company and Fidelity and Guaranty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand this 7th day of February .��t988 7 i �9n �r,.tH� � 01► 2002. k2 Michael R. McKibben, Assistant �eueiary To verify the authenticity of this Power of Attorney, call 1- 800121 -3880 and ask for the Power of Attorney clerk. Please refer to the Power of Attorney number, the above -named individuals and the details of the bond to which the power is attached. Form a 86226 0 r- 3 RECORDING REQl idfE13. bV ANb WHEN RECORDED RETURN TO: City Clerk *02 JUL 31 A 9 =16 City of Newport Beach 3300 Newport Boulevard Newport Beach, 09A(92663'F CITY CLERK CITY CF 'LE4PORT REACH Recorded in Official Records, County of Orange Darlene Bloom, Interim Clerk- Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE 2002059365010:01 am 07117102 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 Brongo Construction, of San Juan Capistrano, California, as Contractor, entered into a Contract on February 12, 2002. Said Contract set forth certain improvements, as follows: University Drive Zone III 16 -Inch Water Main Improvement Project (C -3468) Work on said Contract was completed on May 31, 2002, and was found to be acceptable on July 9, 2002, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Guaranty Insurance Company. ubli orks Director Cit 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 �C�f ae7CJ �— at Newport Beach, California. 10 BY �l J 0), %tlCldXlm City Clerk July 10, 2002 CITY OF NEWPORT�EACH 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 University Drive Zone III 16 -Inch Water/ Main Improvement Project (C -3468) Resolution No. 2002 -49 ordering the vacation and abandonment of water easements. Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk Enclosures 3300 Newport Boulevard, Newport Beach 0 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Brongo Construction, of San Juan Capistrano, California, as Contractor, entered into a Contract on February 12, 2002. Said Contract set forth certain improvements, as follows: University Drive Zone III 16 -Inch Water Main Improvement Project (C -3468) Work on said Contract was completed on May 31, 2002, and was found to be acceptable on July 9, 2002, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Guaranty Insurance Company. r ubli orks Director Ci 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 �L, aO<I �— at Newport Beach, California. • TO: Mayor and Members of the City Council FROM: Public Works Department July 9, 2002 CITY COUNCIL AGENDA ITEM NO. 5 SUBJECT: UNIVERSITY DRIVE ZONE III 16 -INCH WATER MAIN IMPROVEMENT PROJECT. CONTRACT NO 3468 — COMPLETION AND ACCEPTANCE RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. 5. Authorize the Public Works Director to approve Change Order No. 4 in the amount of $9,958.40 and authorize the encumbrance of an additional $9,958.40 to Brongo Construction from Account No. 7501- C5500386. DISCUSSION: On February 12, 2002, the City Council authorized the award of the University Drive Zone III 16 -Inch Water Main Improvement Project to Brongo Construction of San Juan Capistrano, California. The contract provided for the replacement of a leaky ductile iron pipe with 660 feet of new 16 -inch PVC water transmission main in University Drive along Bonita Creek Park east of Jamboree. During construction, excessive groundwater and groundwater flow was encountered that was not anticipated based on the soils boring at the site. City staff and the contractor developed a revised work plan to resolve the unworkable condition which included additional pumping, removal of uncompactible materials, import of aggregate backfill and installation of a perforated sub - drain. Four change orders were issued to successfully implement this revised work. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $116,650.00 Actual amount of bid items constructed: 117,070.00 Total amount of change orders: 37,223.40 Final contract cost: $154,293.40 The final overall construction cost including change orders was 32.61 percent over the original bid amount. SUBJECT: University Drive Zon• 6 -Inch Water Main Improvement Project, Contra 468 - Completion And Acceptance Date: July 9, 2002 Page 2 A total of four change orders totaling $37,223.40 were issued to complete the project. They were as follows: A change order in the amount of $3,000.00 provided for the installation of a perforated drain line. 2. A change order in the amount of $3,678.00 provided for groundwater pumping and additional excavation at the existing vault. 3. A change order in the amount of $20,587.00 provided for the overexcavation of unsuitable materials and the import of aggregate backfill material. 4. A change order in the amount of $9,958.40 provided for the excavation, cap, pumping and slurry fill of an abandoned section of watermain and blowoff valve. Construction costs for this project have exceeded the 125% threshold of the original contract and Change Order No. 4 requires Council approval for the additional expenditure pursuant to the Council Policy Manual. Staff is recommending the approval of this change order and is also requesting authorization to encumber additional funds from Account No. 7501- C5500386 to accommodate Change Order No. 4. Funds for the project were expended from the following account: Description Account No. Amount Water Transmission Main Replacement 7501- C5500386 $154,293.40 The original scheduled completion date was May 10, 2002. Due to the change order work, the completion date was extended to May 31, 2002. All work was completed by the revised completion date. Respectfully submitted, PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director By: R- 16 c7,t r v R. Gunther, P.E. Construction Engineer Attachment: Change Order No. 4 CITY OF NEWPORT BEACH o���WPOR CONTRACT CHANGE ORDER C9�F0 RN`' CONTRACT NO. 3468 PROJECT TITLE: University Drive Zone III 16 -Inch Water CHANGE ORDER: 4 CONTRACTOR: Brongo Construction PAGE: 1 OF 1 ENCUMBRANCE NO.: CCO SUMMARY COST: 37,223.40 ORIGINAL CONTRACT: $116,350.00 CCO TOTAL IN % 31.99% COMPLETION DATE: - CHANGE REQUESTED BY: City CO. TYPE: LUMP SUM DESCRIPTION: Excavate, pump, cap and slurry fill old 20-in WM and blowoff are INCREASE IDECREASE pump, cap and slurry fill old 20 -in WM and blowoff 1 9,958.40 tickets - 2941 -42; 2944 -46 IN CONTRACT TIME 2- CALENDAR DAYS NET CHANGE $ 9,958.40 dersigned contractor, have given careful consideration to the change proposed and hereby agree, if this is approved, that we will provide all equipment, furnish all material, except as may otherwise be noted above, and perform all services necessary for the above specified work, including field and home office expense and will accept as full payment therefor the prices shown above. ACCEPTED, DATE: BY: APPROVAL RECOMMENDED: CONTRACTOR: TITLE: CONSTRUCTION ENGINEER DATE: APPROVED: DATE: PUBLIC WORKS DIRECTOR f .1 1 • y CITY CLERK CITY OF NEWPORT BEACH 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 29th day of January 2002, at which time such bids shall be opened and read for UNIVERSITY DRIVE ZONE III 16 -INCH WATER MAIN IMPROVEMENT Title of Project Contract No. 3468 $175,000 Engineer's Estimate ApgA d by phen G. Badum Public 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 Contractor License Classification(s) required for this project: "A" For further information, call Michael J. Sinacori Project Manager at (949) 644 -3342 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT UNIVERSITY DRIVE ZONE III 16 -INCH WATER MAIN REPLACEMENT CONTRACT NO. 3468 TABLE OF CONTENTS NOTICEINVITING BIDS ................................ ............................... ..........................Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND ............................................................................... ..............................5 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ......................................................... .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA ........................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER .............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT UNIVERSITY DRIVE ZONE III 16 -INCH WATER MAIN REPLACEMENT CONTRACT NO. 3468 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Bidders' security shall be returned to unsuccessful bidders within a reasonable time not to exceed 60 calendar days after the successful bidder has signed the Contract. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 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. 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. bo IQ9il -7 .AiOAQ caI Contractor's Licens No. & Classification Authorized (,I8-t D Date 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT UNIVERSITY DRIVE ZONE III 16 -INCH WATER MAIN REPLACEMENT CONTRACT NO. 3468 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF AMOUNT BID ------------------ - - - - -- Dollars ($107-------- - - - -), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of UNIVERSITY DRIVE ZONE III 16 -INCH WATER MAIN REPLACEMENT, Contract No. 3468 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to 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 become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 23RD day of JANUARY 200 BRONCO CONSTRUCTION CORPORATION Name of Contractor (Principal) Authorized S gn e/Title eS,d e..� Name of Surety 23232 PERALTA DR., $222, LAGUNA HILLS YUNG T LI Address of Surety CA 92653 Print Ndme and (949)461 -7000 Telephone (Notary acknowledgment of Principal & Surety must be attached) 0 0 CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) S.S. COUNTY OF ORANGE ) On l�rir 3�d °�" before me, personally appeared pY personally known to me; or proved to me on the basis of satisfactory evidence to be the person( -e) whose name(.a) is /a=e subscribed to the within instrument and acknowledged to me that (he /e —key) executed the same in his /ham -, ' _ authorized capacity( es), and that the entity upon behalf of which the person() acted, executed the instrument. WITNESS my hand and official seal. r. FRARCESLEFLER (SEAL) a � COMM. NO. 1217724 cm N W ?�'�,:� NUTANY U.' .JALIFORNIA x RIVERSIDE COUNTY W MY GOMM, tAP&S MAY. 14,2003 Signature of Not Public CBPACITY CLAIKED BY SIGNER: Though statute does not require the notary to 'fill in the data below, doing so may prove invaluable to persons relying on the document. Individual(s) Corporate Officers) Titles Partner(s) XX attorney -in -Fact Trustee(s) Guardian /Conservator Other: Signer is representing: and and Limited General ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. Title of type of document: Numbe= of pages: Date of document:_ Signer(s) other than named above: THIS CERTIFICATE MUST BE ATTACHED TO TBE DOCUMENT DESCRIBED ABOVE. KAS't:'• : megmaul Power of Attorney No. FB9106000069 Unit, plates Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company KNOW ALL MEN BY THESE PRESENTS: That United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, (herein collectively called the "Companies ") and that the Companies do hereby make, constitute and appoint Yung T. Mullick of the City of Irvine , State of CA their true and lawful Attomey(s) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contract and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF , the Companies have caused this instrument to be signed this 1 sl day of October, 1999, UNITED STATES FIDELITY AND GUARANTY COMPANY FIDELITY AND GUARANTY INSURANCE COMPANY Michael R. McKibben, Assistant Secretary State of Maryland City of Baltimore On this the 1st day of October, 1999, before me, the undersigned officer. personally appeared Michael B. Keegan and Michael R. McKibben, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of United States Fidelity and Guaranty Company and Fidelity and Guaranty Insurance Company, and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. In Witness Whereof, I hereunto set my hand and official seal. ^ -- - y Notary Public My Commission expires the 13th day of July, 2002. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of United States Fidelity and Guaranty Company and Fidelity and Guaranty Insurance Company, on September 2, 1998, which resolutions are now in full force and effect, reading as follows: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorney(s) -in -Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Powers(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or any Vice President , or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s }In -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached.: and RESOLVED FURTHER , that Attorney(s) -in -Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s) -in -fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I, Michael R. McKibben, Assistant Secretary of United States Fidelity and Guaranty Company and Fidelity and Guaranty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand this 23rd day of January 2002 . sSYA,YO A� ' Michael R. McKibben, Assist- - ant Secretary To verify the authenticity of this Power of Attorney, call 1- 800421 -3880 and ask for the Power of Attorney clerk. Please refer to 69 l'rwer,of Attorney number, the above -named individuals and the details of the bond to which the power is attached. Farm # 86226 • 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT UNIVERSITY DRIVE ZONE III 16 -INCH WATER MAIN REPLACEMENT CONTRACT NO. 3468 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Name, Address, Telephone # Bid Item Number Description of Work Percent of Total Bid G t rl k41 } Rbin --i yq 1%1 -:)--q i I )go S. Did I,arkh e8 ? p °` A �0� O av ens -61 I- 1 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT UNIVERSITY DRIVE ZONE III 16 -INCH WATER MAIN REPLACEMENT CONTRACT NO. 3468 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formM Please print or type. Bidders Name FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number Project Description Approximate Construction Dates: From aC7J0 To: 12000 I n n Agency Name Contact Person (,,4) 3-714 -J_- J` J-) Original Contract Amount $133 &DO Final Contract Amount $ 1JAL1 7lv5 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 2 Project Name /Number Project Description 0 0 Approximate Construction Dates: From To: Ia. c2QQ I Agency Name Q (� \ Contact Person Q 1 Telephone PLA { 14 -X533 Original Contract Amount $333 OoFinal Contract Amount $ -Qj0 .55� If final amount is different from original, please explain (change orders, extra work, etc.) ad G U Rm1 l . o nJ Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. ` n-_94 � No. 3 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person qiq) -371-1 - 2-71�)) Original Contract Amount $193955 Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 4 Project Name /Number Project Description 0 Approximate Construction Dates: From QC-' QDC O Agency Name Contact Person Telephone (quq) 913 to - 5 3 b '*kJ . I'� i ' )-I N l Original Contract Amount $307oop Final Contract Amount $ 32-S 2.,Q -j If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name /Number Project Description Approximate Construction Dates: From �2-voo To: d 00 ) Agency Name k—1 � \-J4,0 t KG n Ch / I U-Uh_U apto Contact PersonQS1Or'--' on, Telephone (94� 13 / Original Contract Amount $ JXbo,600 Final Contract Amount $ I-jt;-bo , Oo O If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 0 M 0 No. 6 Project Name /Number 0 Project Description V 6 ),X_ M/iAl( S4YlC..Q�.VA.l wI fit✓ Approximate Construction Dates: From g+00 ' _ 'o: ©CA L00,0 Agency Name Contact Person Telephone (949 3 to I — 8 3a � Original Contract Amount $3QSDO Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's cunt financial conditions. r i� Bidder Authorizei 10 B�ON�O C0/VSTRUC -T101N Christopher Alves SUMMARY OF QUALIFICATIONS BRONGO CONSTRUCTION 1998 to Present Superintendent CHRISTOPHER BACKHOE 1989 -1997 Owner /Operator MONTE COLLINS BACKHOE 1984 -1989 Operator K.M.P. ENGINEERING 1979 -1984 Foreman Extensive knowledge of all phases of pipeline projects. 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT UNIVERSITY DRIVE ZONE III 16 -INCH WATER MAIN REPLACEMENT CONTRACT NO. 3468 NON - COLLUSION AFFIDAVIT State of California ) ) ss County of �) i�� t 6"- od f`dt � being first duly sworn, deposes and says that he or she is -Ak,o.cs J -) 4 of �?� , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. 11 11#? Bidder Authorized Iry v I- d sworn to before me this 7 day of —J Rif/ ,4 , 2002. [SEAL] Notary Public My Commission Expires: C- - flOS PHILIP J. HUGHES COMM. #1333847 •'� Notary Public Calitomia y a c mm.6 p, a IM8 Ilvvvo�ee MCOmm. Expir�I2R8/OS 11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT UNIVERSITY DRIVE ZONE III 16 -INCH WATER MAIN REPLACEMENT Bidders name CONTRACT NO. 3468 DESIGNATION OF SURETIES Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond type): 9A(d COI h �e - q L-I q - ti l l^ ,7ooc Cn 9 a (O 3 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 46 UNIVERSITY DRIVE ZONE III 16 -INCH WATER MAIN REPLACEMENT CONTRACT NO. 3468 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name 1.11 tMO CC-lT1 Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Current 1 1 1 2 2 Year of 9 9 9 0 0 Record 9 9 9 0 0 Total Year 2002 7 8 9 0 1 No. of contracts 0 _ Total dollar Amount of $ o D o Contracts (in Thousands of $ ) No. of fatalities C= O O O 0 O No. of lost Workday I 1 Y 3 Cases No. of lost workday cases involving permanent transfer to O O a another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 i. • • Legal Business Name of Bidder Business Address: 3d33a,S�C 10\ Business Tel. No.: LA q - 'Z 91615 State Contractor's License No. and Classification: io y )-q Li -7 - 4� , ua , Ca I Title P res 6a ke\+ The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signal Signature OT bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 State of =''`` r County of u w c y On 2t/JAu ZOO -- before me, PriILG' J. FIUI";'2 C:J -'.RY ; CLIC (DATE) (NAMERITLE OF OFFICER- i.e.'JANE DOE, NOTARY PUBLIC personally appeared INAMEMI OF SIGNEMS)I ❑ personally known to me -OR- PHILIP J. HUGHES CAM M . # 1333847 n cr Notary Public California y ORANGE COUNTY 11v t 1y Comm. Expires 111t8105 (SEAL) ATTENTION NOTARY proved to me on the basis of satisfactory evidence to be the personal whose nameV) Is /as- subscribed to the within instrument and acknowledged to me that he /sUefthey executed the same In his /heir authorized capacity(ies), and that by his /herithrerr signature(8) on the instrument the person(!j, or the entity upon behalf of which the person(,);') acted, executed the instrument. hand and official seal. The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Docume it Number of Pages Date of Document Sipnerls) Other Than Named Abeve WOLCOTTS FORM 93240 Rev. 3.94 (pnce class eQA) 01994 WOLCOTTS FORMS, INC. ALL PURPOSE ACKNONAEDGMENT WITH SIGNER CAPACITY /REPRESENTATION"O FINGERPRINTS RIGHT THUMBPRINT (Optional) CAPACITY CLAIMED BY SIONERIS) OINDIVIDUAL(S) ❑CORPORATE OFFICERIS) (TITUS) OPARTNERIS) ❑LIMITED OGENERAL ❑ATTORNEY IN FACT OTRUSTEEIS) ❑GUARD IAN /CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: (Name of Penum(al or Entitylies) RIGHT THUMBPRINT (Optional) CAPACITY CLAIMED BY SIGNERIS) ❑INDIVIDUALIST ❑CORPORATE OFFICER(S) 1TITLLSI OPARTNER(S) ❑LIMITED ❑GENERAL OATTORNEY IN FACT OTRUSTEE(S) OGUARDIAN /CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: (Name of Person(s) or Emity(ies) 1111111111111111111niijj�j 63 B 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT UNIVERSITY DRIVE ZONE III 16 -INCH WATER MAIN REPLACEMENT CONTRACT NO. 3468 ACKNOWLEDGEMENT OF ADDENDA Bidders name 1.�16Y1�4co ,((YICI Lt A l fS7l� The bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Signature 15 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT UNIVERSITY DRIVE ZONE III 16 -INCH WATER MAIN REPLACEMENT CONTRACT NO. 3468 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: Business Address: 3A332, �Ucn�n &- l A(� l/J�f/1I11U? . o2OS S� t1 Vtt� 1 Telephone and Fax Number: ` "Ll California State Contractor's License No. and Class: (REQUIRED AT TIME OF AWARD) Original Date Issued:-'q-c23 •9), Expiration Date: ki ' 30 • OZ- List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: C) acre, �LM 0&,H — &Q-t , The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone 0 `114- 7y3— 34"7R i15 Corporation organized under the laws of the State of 16 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All current and prior D.B.A.'s, aliases, and fictitious business names for any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with project owners (public agencies, private companies, etc...) in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; State the tribunal (i.e., Superior Court, American Arbitration Association, etc.) the matter number and outcome. Have you ever had a contract terminated by the owner /agency? If so, explain. 17 Have you ever failed to complete a project? If so, explain. _ `� Have you ever been terminated for cause and then had it converted to a "termination of convenience "? If so, explain. . 1_11- For any projects you have been involved with in the last 5 years did you have any claims or actions: Circle One 1. By ymjaainst the owner? Yes / 0 2. By the ner against you? Yes No 3. By an outside agency or individual for labor compliance (i.e. prevai age, falsifying certified payrolls, etc.) 4. Yes / 4. By Su ntractors (Stop Notices, etc.) Yes / Uo 5. Are any claims or actions unresolved or outstanding? Yes No failure to pay If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. LQ adbkk-M o (Print name of Owner resi dent of Corporation /Co v) Bidder u Authorized Sig Title r (-aa.oa. Date Subscribed and sworn to before me this a °1 day of 4:a_pw_ 2002. [SEAL] 18 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT UNIVERSITY DRIVE ZONE III 16 -INCH WATER MAIN REPLACEMENT CONTRACT NO. 3468 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days) after the date on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 19 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT UNIVERSITY DRIVE ZONE III 16 -INCH WATER MAIN REPLACEMENT CONTRACT NO. 3468 CONTRACT THIS AGREEMENT, entered into this �(4 day of FL 6. , 2002, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Brongo Construction, Inc., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: UNIVERSITY DRIVE ZONE III 16 -INCH WATER MAIN REPLACEMENT Project Description 3468 Contract No. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3468, 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. 04C 0 0 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of one hundred sixteen thousand, three hundred fifty and 00/100 Dollars ($116,350.00). 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: Brongo Construction, Inc. 32332 Camino Capistrano, #205 San Juan Capistrano, CA 92675 (949) 443 -0620 (949) 443 -0626 Fax Contractor, by executing this Contract, "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 0 0 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 22 0 0 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. Failure to enter into the contract within 30 calendar days or to conform to any of the stipulated requirements shall be just cause for the annulment of the award and forfeiture of the bidder's security. In the event the bidder to whom an award is made fails or refuses to execute the contract or submit the required insurance and bond documents 23 0 0 within the said time, the City may declare the bidder's security forfeited, and may award the work to the next lowest responsible bidder, or may call for new bids. 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. 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 24 0 0 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. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. CITY CLERK CITY OF NEWPORT BEACH A Municipal Corporation By. , y� ��c �. I Mayor APPROVED AS TO FORM: BRONGO CONSTRUCTION, INC. By: � eSl�e�k CI ATTORNEY Authorized o ure and Title 25 ,�►coRO° CERTIFICATE LIABILITY INSURANCE ' °a'emm'tl "YY' PI' Mr 7 289-7676 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Seltzer Insurance Service 1524 E. Mayfair Ave Orange, CA 92867 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COWPAWIES-AFFMING COVERAGE company Claremont Liability Insurance Co. A Company QBE Insurance Corporation B IOSUTBA BRONCO) -DEB Company Fireman's Fund Insurance Company Brongo Construction C 32332 Camino Capistrano, #205 QDay State Compensation Ins Fund na COVERAGES THIS 'S TO CERTIF• THAT THE FOLIC IS Os NSURANCE LISTED BELOW +AVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY POLICY CO LTR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE LIMITS A IENERAL LIABILITY Commercial General Liability claims Made mOCwr RM01- 20749 -00 03/01/01 03/01/02 General Aggregate 3 2,000, 000 Protlucts- Completed Ops A9g $ Personal & Advertising Injury 5 Each Occurrence 4 Owner's & Contractor's Protective Fire Damage (any 1 fire) 50, 000 BFPD, YrTT Medical Expense (any one persord B AUTOMOBILE LIABILITY Any Auto All Owned Autos Scheduled Autos 071000410609 03/01/01 03/01/02 Combined Single Limit Bodily Injury (per person) Hired Autos Non -Owned Autos Bodily Injury (per accldenry Property Damage GARAGE LIABILITY Auto Only - Eacg Accident Other Than Auto Only ......... ............................... Any Auto Each Accident Aggregate EXCESS LIABILITY Each Occurrence Aggregate Umbrella Form Other Than Umbrella Form B WORKERS' COMPENSATION 8 EMPLOYERS' LIABILITY The Proprietor/ Panners/Executive Inc) Officers are: Excl 1663406 11/17/01 11/17/02 IStatutory Limit Other EL Each Accident ":oD EL Disease - Policy Limit R EL Disease -Ea Employee n' n' a' a' OTHER C Oland Marine ired /Rented /Eq I98401269 03/01/01 03/01/02 697,840 Scheduled 300,000 Any One Unit DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /SPECIAL ITEMS The City, its officers, officials, employees and volunteers are named as dditional Insured(s) as per attached endorsement with respect to work n Pro]ect: University Drive 16 Inch Water Main Improvements located in the ity of Newport Beach, Contract No. 3468 aiver of Subrogation To Be Included. O"IFICATE HOLDER C13tilDEL4ATiON 05 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL El� MAIL 30- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE City Of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92658 LEFT, B( en :e Spresentetive 110 2 &6 101198) BY: Insubsn" Vblons, lu. 6ACOR0 CORPORATION 1988 Brongo Construciton, Inc. • RECEIVED • POLICYNUMBER: RM01- 20749 -00 11AR VA r 2000 MERICAL GENERAL LIABILITY Public Works Department THIS ENDORSEMENT CHANG9 ZAe''_0 gLEASE READ IT CAREFULLY ADDITIONAL INSURED — OWNERS, LESSEES, OR CONTRACTORS (FORM B) This Endorsement Modifies Insurance Provided Under The Following: COMMERCIAL GENERAL LIABILITY COVERAGE PART: SCHEDULE NAME OF PERSON OR ORGANIZATION: The City of Newport Beach, Its Officers, Agents, Officials, Employees and Volunteers 3300 Newport Boulevard Newport Beach, Ca 92658 PROJECT: University Drive 16 Inch Water Main Improvements Contract 3468 If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. WHO IS AN INSURED (Section ll) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. IT IS FURTHER AGREED that such insurance as is afforded by this policy or by these policies for the benefit of the additional insured(s) shown above shall be primary insurance and any other insurance maintained by the Additional Insured shall be excess and non - contributory, but only in respect to any claim, loss, or liability arising out of the operations of the named insured and only if such claim, loss or liability is determined to be responsibility of the named insured. L4� Authorized Repre§erftative CG 20 10 11 85 COPYRIGHT, INSURANCE SERVICES OFFICE, INC. 1984 Brongo Construction, Inc. • • POLICY NUMBER0710004106 COMMERICAL AUTOMOBILE LIABILITY THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ CAREFULLY ADDITIONAL INSURED PRIMARY COVERAGE This endorsement modifies insurance provided under the following: COMMERICAL AUTOMOBILE LIABILITY COVERAGE PART It is hereby understood and agreed that the following amendment to the definition of "INSUREDS" Shall include the entity designated below but only to the extent it falls within the amended definition. The Definition of "INSUREDS" is amended to include ANY PERSON OR ORGANIZATION WHO IS LEGALLY RESPONSIBLE FOR THE USE OF THE INSURED AUTOMOBILE BY THE NAMED INSURED, ITS EMPLOYEES, OR ANY PERSON USING THE INSURED AUTOMOBILE WITH THE NAMED INSUREDS PERMISSION.' IT IS ALSO UNDERSTOOD that this insurance is primary for the person or organization shown in the schedule, but only with respect to liability arising out of your work for that insured by or for you. Other insurance afforded to that insured will apply as excess and not contribute as primary to the insurance afforded by this endorsement. All other endorsements, provisions, conditions, and exclusions of this insurance shall remain unchanged and apply to the additional insured described below. SCHEDULE ADDITIONAL INSURED: City of Newport Beach, Its Officers, Agents, Officials, Employees And Volunteers Public Works Department 3300 Newport Blvd. Newport Beach, CA 92658 CONTRACT / PROJECT: University Drive 16 -Inch Water Main Improvements Contract No. 3468 STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142 -0807 COMPENSATION INSURANCE " FUND CERTIFICATE OF WO3RKERS' COMPENSA'i 10N INSURANCE FEBRUARY 13, 2002 POLICY 11 %A, 3L(i' " 01 CERTIFICATE EXPIRES. 11 -17-02 r CITY OF NEWPORT BEACH DEPT OF PUBLIC WORKS ITS OFFICERS,OFFICIALS,EMPLOYEES AND VOLUNTEERS 3300 NEWPORT BOULEVARD NEWPORT BEACH CA 92656 JOB: UNIVERSITY DR WATER MAIN IMPROVEMENTS CONTR #3468 L This Is to certify that we have ensued a valid Workers Compensation insurance policy in a form appreved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy Is not subject to cancellation by the Fund except uponXi)b days advance written notice to the employer. 30 We will also give youff N days advance notice should this policy be cancelled prior to its normal expiration. This certificate of Insurance is not an insurance policy and does not amend. extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement. term, or condition of any contract or other document with respect to which this certificate of insurance may be Issued or may pertain, the Insurance afforded by the policies described herein Is subject to all the terms, exclusions and conditions of such policies. A�. .� AUTHORIZED HE PRESENTATIVE pRE StDENY EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 12/03/01 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF HUNTINGTON BEACH DEPT OF PUBLIC WORKS ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 12/03/01 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 12/03/01 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF HUNTINGTON BEACH DEPT OF PUBLIC WORKS EMPLOYER BRONGO CONSTRUCTION, INC 32332 CAMINO CAPISTRANO STE 205 SAN JUAN CAPISTRANO CA 42675 -- "?��•Tfl�!ddd�i is /sF'1e \:3 q _ : � . : _ . e7:[�IiISI■ Yals:r;.:,�E x• =-.. FE B-27-2002 WED 04:55 PM FAX N0, P. 20/38 CERTIFICATE OF INSURANCE CHECKLIST CITY OF NEWPORT BEACH THIS CHECKLIST IS COMPRISED OF REQUUMNIENTS AS OUTLINED ABY THE CITY OF NEWPORT BEACH. DATE RECEIVED: DEPARTMENT /CONTACT RECEIVED FROM:�dil�/1i/ DATE COMPLETED: 0 b aZ SENT TO: AaA;) BY: ) COMPANY/PERSON REQUIRED TO HAVE CERTIFICATE: &2W I. GENERAL LIABILITY: ��" ay A. INSURANCE COMPANY: lYlAN,*7 .61 ✓A�IB4146,,P �7//IOi• 1� B. AM BEST RATING (A vII or greater): A.'V%jl U C ADMITTED COMPANY: (Must be California Admitted) JB company a ,jinitted in California? Yesz No D. LIMITS: (Must be $1,000,000 or greater) What is limit provided? E. PRODUCTS AND COMPLETED OPERATIONS: (Must Include) Is N iriclud ? Yes No F. ADDITIONAL INSURDED WORDIpIG TO INCLUDE: ( The City its officers, agents, officials, employees and volunteers). Is it included? Yes t/ No- G. G. PRIMARY AND NON CONTRIBUTORY WORDING: (Must be included) Is it included? Yes ✓ No_ H. CAUTION! ( Confirm that loss or liability of the Named iasured is I limited solely by their negligence) Does endorsement include "solely by negligence" wording? Yes ✓ No I. NOTIFICATION OF CANCELLATION: Although them is a provision that requires notification of cancellation by certified marl; per Lauren Farley the City will accept the endeavor wording. R. AUTOMOBILE LIABILITY: A. INSURANCE COMPANY: Q t B. AM BEST RATING (A VII or greater): A111111 C. ADMITTED COMPANY: ( MUST BE CALIFORNIA ADMITTED) Is company admitted? Yes No D. LIMITS: ( Must be $1,000,000 minim m BI & PD and $500,000 UM) What is Limits rovided? K�imp 02 E. ADDITIONAL INSURED WORDiNS'i TO INCLUDE: ('Tire City its officers , agenh, officials, employees and volunteers). Is it included? Yes L/ No F. PRIMARY AND NON CONTRIBUTORY WORDING: (For Waste Haulers Only). Is it included? Yes w-'-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: B. AM BEST RATING (A VII or greater)_ T , -, x la C. LIMITS: Statutory D. WAVIER OF SUBROGATION: (To include). Is it included? Yes No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WINCH ITEMS NEED TO BE COMPLETED? Company Profile 0 • Page 1 of 2 �a Company Profile Insurance FIDELITY AND GUARANTY INSURANCE COMPANY 385 WASHINGTON STREET ST. PAUL, MN 55102 Agent for Service of Process LORI CASTANEDA, 2730 GATEWAY OAKS DR SUITE 100 SACRAMENTO, CA 95833 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: NAIC Group #: California Company ID #: Date authorized in California: License Status: Company Type: State of Domicile: 35386 0164 2333 -3 September 27, 1979 UNLIMITED- NORMAL Property & Casualty IOWA Dines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the logssarv. AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY FIRE LIABILITY MARINE SURETY TEAM AND VEHICLE WORKERS' COMPENSATION http: / /www4 .insurance.ca.gov /wu/idb_Co _prof utl.get_co _prof ? p_EID =6071 03/06/2002 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL • Page 1 of 3 University Drive 16 -Inch Water Main Improvements CONTRACT NO. 3468 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. 3468 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization @Nro nam Yfumdiij Dollars and O Cents $ Per Lump Sum 2. Lump Sum Traffic Control @alter owo�t,ld Dollars and v Cents $ Per Lump Sum 3. 100 L.F. Remove Interfering Portions of Existing 20 -inch DIP Water Main, Reducer and Fittings @ JWDollars and $ 2-0 $ 2Iwo Per Linear Foot 0 0 Page 2 of 3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 660 L.F. Construct 16 -Inch C -905 PVC Water Main SDR -18 @ and d Cents $ 150 Per Linear Foot 5. 240 S. F. Reconstruct PCC Sidewalk @ Dollars and o Cents A 7 r0 N 25 L.F. Per Square Foot Reconstruct PCC Curb and Gutter @ Dollars and yy a Cents $ J Per Linear Foot Lump Sum Install 2 -inch AirNacuum release valve assembly Ca?�l,rnl� v,naM� Dollars and Cents Per Lump Sum. Lump Sum Abandon Existing 20 -inch DIP Water Main d @ s Dollars and O Cents Per Lump Sum Lump Sum Pressure Test, Disinfect and Flush Water Main @tu��auoan,� Dollars and t7 Cents Per Lump Sum $ 75O $ it boo $ 3,500 $ , 000 0 0 Page 3 of 3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE TOTAL PRICE IN WRITTEN WORDS and O Cents Price (Figures) I.aa 0a Date quq,u43 D620/gL49Lg143bb Bidder's Telephone and Fax Numbers and Title f(-'fG' 4nt ipLjDAu- I f) ,CI -) C- )- I Bidder's License No(s). and Classification(s) Total Bidder Bidder's Ilars 3d 3 3 �L ErtL o ) 4 D-L)5 Bidder'sAddressSd,-, C""V""--`"-'� �� 'i a61s 0 0 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS UNIVERSITY DRIVE ZONE III 16 -INCH WATER MAIN IMRPOVEMENT PROJECT CONTRACT NO. 3468 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 -2 PROTECTION 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 PART 2--- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 6 -9 LIQUIDATED DAMAGES 4 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -7 COOPERATION AND COLLATERAL WORK 5 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 5 7 -8.8 Steel Plates 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 5 7 -10.1 Traffic and Access 5 7 -10.2 Storage of Equipment and Materials in Public Streets 6 7 -10.3 Street Closures, Detours, Barricades 6 7 -10.4 Public Safety 6 7- 10.4.1 Safety Orders 6 7 -10.5 "No Parking" Signs 7 7 -15 CONTRACTOR LICENSES 7 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 7 SECTION 9 MEASUREMENT AND PAYMENT 7 9 -3 PAYMENT 7 9 -3.1 General 7 9 -3.2 Partial and Final Payment 9 PART 2--- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 9 201 -1 PORTLAND CEMENT CONCRETE 9 201 -1.1.2 Concrete Specified by Class 9 201 -2 REINFORCEMENT FOR CONCRETE 9 201 -2.2.1 Reinforcing Steel 9 201 -5 CEMENT MORTAR 9 201 -5.6 Quick Setting Grout 9 SECTION 207 PIPE 10 207 -9 IRON PIPE AND FITTINGS 10 207 -9.2 Ductile Iron Pipe for Water and Other Liquids 10 207 -9.2.2 Pipe Joints 10 207 -9.2.3 Fittings 10 207 -9.2.4 Lining and Coating 10 207 -9.2.6 Polyethylene Encasement for External Corrosion Protection 11 0 0 SECTION 214 PAVEMENT MARKERS 214-4 NONREFLECTIVE PAVEMENT MARKERS 214 -5 REFLECTIVE PAVEMENT MARKERS 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 300 -1.3.2 Requirements 300 -1.5 Solid Waste Diversion SECTION 302 ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General 302 -5.4 Tack Coat 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 302 -6.6 Curing 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 303 -5.4 Joints 303 -5.4.1 General 303 -5.5 Finishing 303 -5.5.1 General 303 -5.5.2 Curb 303 -5.5.4 Gutter SECTION 307 STREET LIGHTING AND TRAFFIC SIGNALS 307-4 TRAFFIC SIGNAL CONSTRUCTION 307 -4.9.3 Inductive Loops SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 308 -1 GENERAL SECTION 310 PAINTING 310 -5 PAINTING VARIOUS SURFACES 11 11 11 11 11 11 11 11 11 12 12 12 12 12 12 12 12 12 12 13 13 13 13 13 13 13 13 13 13 13 14 14 0 0 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.7 Layout, Alignment and Spotting 310 -5.6.8 Application of Paint SECTION 400 400 -2 400 -2.1 400 -2.1.1 APPENDIX ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT, AND UNTREATED BASE MATERIAL UNTREATED BASE MATERIALS General Requirements 14 15 15 ip 15 15 15 AGRA Earth & Environmental Soils Boring dated January 8, 1997 F: \USERS \PBW\Shared \Contracts \FY 01- MUNIVERSITY DRIVE ZONE III WATER MAIN C- 3468\SPECS INDEX C3468.doc 0 0 CITY OF NEWPORT BEACH (J PUBLIC WORKS DEPARTMENT < C 6 1L- l.e SPECIAL PROVISIONS ! rql\ OF CONTRACT NO. 3468 INTRODUCTION All work necessary for the completion of this contract shall be done in accord with (1) these Special Provisions; (2) the Plans (Drawing No. W- 5288 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1994 edition), including Supplements; (4) Standard Specifications for Public Works Construction (1997 edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE. Add to this section: "The work necessary for the completion of this contract consists of installing new 16 -inch C -905 PVC high pressure water main to replace an existing 20 -inch DIP water main. The project includes the removal of portions of the existing 20 -inch DIP main. 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The City will provide construction staking as required to construct the improvements. Any additional stakes or any restaking, or costs thereof, shall be the responsibility of the Contractor. The Contractor shall notify the City in writing two working days in advance of the time that the stakes are needed. 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. The Contractor will be back - charged for the cost of restoring any survey monument damaged by the Contractor outside the project limits." 0 0 SP 2 OF 15 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 Contractors 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. • 0 SP3OF15 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 bpi the Contractor. i SECTION 5 - -- UTILITIES i 5y PROTECTION. Add the following: "In the event that an existing pull box or cover is dAmage by the work and is not re- useable, the Contractor shall provide and install a n¢w pull box or cover of identical type and size at no additional cost to the City." I 54 ADJUSTMENTS TO GRADE. The Contractor shall adjust to finish grade City - owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and s rvey monuments. The Contractor shall coordinate the adjustment of Southern C lifornia Edison, The Gas Company, Pacific Bell and cable television facilities to the fi ish grade with the appropriate utility company. 5� SALVAGED MATERIALS. The Contractor shall salvage all existing meter or valve b& covers. The Contractor shall also salvage all removed ductile iron pipes. Salvaged materials shall be stacked neatly and accessible for City staff to retrieve. The Contractor shall make arrangements for the removal and delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 -3402. i SECTION 6 - -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 611 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: 'The time of completion as specified in Section 6 -7, shall commence on ttje date of the `Notice to Proceed ". No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for a�proval a minimum of five working days prior to commencing any work. Schedule may bI 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 ho will be able to maintain his approved schedule in the future. Such stoppages of work s all in no way relieve the Contractor from his overall time of completion requirement, nor s�all it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." i & term "work' as used herein shall include all removal of P.C.C. curb and gutter, cross gutters, and asphalt base and pavement, grinding asphalt roadway, construction of P.C.C. curb and gutter, cross gutters, roadway base material, and asphalt concrete 0 0 SP 4 OF 15 roadway, 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: "The Contractor shall complete all work under the Contract within thirty -Five (35) consecutive working days of the date on the "Notice to Proceed." 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 7:00 A.M. to 4:30 P.M. Monday through Friday. Should the Contractor elect to work outside normal working hours, he must first obtain special permission from the Engineer. The request may be for 4:30 P.M. to 6:30 P.M. on weekdays or 8:00 A.M. to 6 P.M. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $55.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the thirty -five 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. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time." The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." 0 0 SP 5 OF 15 SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Department. The City must approve any nighttime work in advance. The Contractor shall provide and install new water meter and valve boxes. All existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities 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." 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 an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." 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." E E SP6OF15 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 unless approved in advance by the Engineer. Contractor may store equipment and materials in an area to be arranged with the City prior to the start of construction within a limited space along the Bonita Canyon Sports Park access road. A 10 -foot wide truck access shall be maintained at all times. No storage will be allowed in the Bonita Creek Park parking lot. The Contractor will restore the access road and any other approved storage area to its pre- construction condition." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Traffic Control Plans shall signed and stamped by a California licensed traffic engineer unless otherwise approved by the City Traffic Engineer. 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. 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. 4. The Contractor shall maintain two lanes of traffic on University Drive before 8:30 a.m. Traffic can be reduced to one lane during other working hours. 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. SP7OF15 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 Contractors 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. 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 and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and submitted to the Engineer at the time each progress bill is submitted. Upon completion of the project, the Contractor shall provide "As- Built" corrections upon a copy of the Plans. The "As- Built" 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 proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work to complete the item of work in place and no other compensation will be allowed thereafter. • SP8OF15 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. Item No. 3 Remove Interfering Portions of Existing 20 -inch DIP Pipe and Fittings: Work under this item shall include removing and stacking neatly for City forces to remove the existing 20 -DIP pipe and fittings in conflict with the new 16 -inch C -905 PVC water main complete for the linear foot price. Item No. 4 Install 16 -inch PVC Water Main: 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 excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of pipe, fittings, thrust blocks, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials, compaction and replacement of the roadway structural section and improvements and all other work necessary to install complete and in place. Item No. 5 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. 6 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. 7 Install 2 -inch Air/Vacuum Release Valve Assembly: Work under this item shall include the installation of 2 -inch assembly per detail 2 on Sheet 3 including, but not limited to, exposing utilities in advance of excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of pipe, fittings, connections to new 16 -inch PVC water main, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent 0 0 SP 9 OF 15 support of utilities, disposal of excess excavation materials, compaction and replacement of sidewalk, curb and gutter improvements and all other work necessary to install complete and in place. Item No. 8 Abandon Existing 20 -inch DIP Water Main: Work under this item shall include cutting and mechanically plugging ends of remaining (approximately 550 linear feet) 20 -inch DIP water main and filling the abandoned pipeline with one (1) sac sand cement slurry and all other work necessary, including but not limited to, 4 -inch temporary standpipe injection points as required to abandon the main and the equipment, labor and materials required to mechanical pump the sand cement slurry for the lump sum price. Item No. 9 Pressure Test, Disinfect and Flush Water Main: Work under this item shall include successfully pressure testing, disinfecting and flushing the new water mains per the project specifications. 9 -3.2 Partial and Final Payment. Add to this section: 'Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: 'Portland Cement concrete for construction shall be Class 560 -C- 3250." 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: 'Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." 201 -5 CEMENT MORTAR 201 -5.6 Quick Setting Grout. Add to this section: "The Contractor shall grout the area between an existing reinforced concrete structure and the new storm drain pipe with a quick setting grout." Ll SECTION 207 -- -PIPE 207 -9 IRON PIPE AND FITTINGS 207 -9.2 Ductile Iron Pipe for Water and Other Liquids E SP 10 OF 15 207 -9.2.2 Pipe Joints. Add to this section, "All flanged pipe joints shall be joined utilizing type 316 Stainless Steel nuts, washers and hex -head bolts. Gasket shall be full- faced, cloth reinforced Buna -N rubber. Flex and Transition coupling used to join pipe in water main construction shall have all threaded parts and joining hardware fabricated from Type 316 Stainless Steel. Pipe hardness assemblies, valve and fitting restraints and shackle -clamp assemblies shall be joined utilizing Type 316 Stainless Steel all- thread rod, nuts, bolts and washers. Clamps, shackles and other hardware may be carbon steel or ductile iron where appropriate, but must be coated liberally with corrosion protective mastic compound. Bolted connectors fabricated from Type 316 Stainless Steel shall have threaded parts coated liberally with an approved anti -seize compound. All bolted and threaded fasteners shall be manufactured in the United States of America and shall conform to the minimum requirements for strength, material construction and dimension as established by the ASTM and the ANSI Specifications. All Fasteners shall be accompanied by written certification from the manufacturer stating compliance with the appropriate specification. All mechanical joints shall be restrained joints." 207 -9.2.3 Fittings. Add to this section: "Water main fittings shall be manufactured in accord with AWWA C110 (ANSI A21 -10) and a shall be ductile iron. Cast Iron fittings shall not be accepted. Compact body fittings (AWWA C153) will not be permitted unless otherwise specified. Mechanical joint fittings shall be manufactured in accord with AWWA C110 and shall have retainer glands. All flanged pipe and fitting shall be shop fabricated, not field fabricated. Adapter flanges shall be ANSI 816.5 pattern, Class 150 flanges. Bolts and nuts for all installations shall be Type 316 stainless steel. Threads shall be coated with a liberal amount of anti -seize compound. Flange gaskets shall be full -faced Buna -N, nylon impregnated rubber." 207 -9.2.4 Lining and Coating. Revise this section to read: 'The internal surfaces of ductile iron pipe and fittings used for water mains shall be lined with a uniform thickness of cement mortar the sealed with bituminous coating in accord with AWWA C104 (ANSI A21 -4). The outside surface of ductile iron pipe fittings shall be coated with bituminous coating 3 -mils thick in accord with ANSI A 21.6 on ANSI A21.51." 0 0 SP 11 OF 15 207 -9.2.6 Polyethylene Encasement for External Corrosion Protection. Revise this section to read: "Ductile iron pipe fittings and valves buried underground shall be protected with plastic film wrap in accord with AWWA C105 (ANSI A 21.5). Wrap shall be loose 8 -mil thick polyethylene." SECTION 214 - -- PAVEMENT MARKERS 214-4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non - reflective pavement markers types A and AY shall be ceramic." 214 -5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass- covered reflective faces or be 3M Series 290." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 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 '/2 inch" of the last sentence with the words "two (2) inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. 0 0 SP 12 OF 15 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. Asphalt concrete shall be placed with the use of a paving machine." 302 -5.4 Tack Coat. Add to this section: 'Prior to placing the asphalt concrete patches, a tack coat of Type SS-1h asphaltic emulsion at a rate not to exceed one — tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 302 -6.6 Curing. Add to this section: "The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201 -1.1 -2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6 -7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 2,000 psi." 0 303 -5.4 Joints SP 13 OF 15 303 -5.4.1 General. Add to this section: "The Contractor shall make a sawcut parallel to the centerline of the alley, 2 feet along each side of centerline, over the entire length of the alley. The Contractor may also sawcut the property lines, adjacent to the alley, in lieu of scoring the pavement along the property lines or constructing an edged cold joint. All sawcuts shall be made to a depth of 2 inches." 303 -5.5 Finishing 303 -5.5.1 General. Add to this section: "The Contractor shall patch back A.C., P.C.C. and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color." 303 -5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718 - 3402." 303 -5.5.4 Gutter. Add to this section: "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." SECTION 307 - -- STREET LIGHTING AND TRAFFIC SIGNALS 307-4 TRAFFIC SIGNAL CONSTRUCTION 307 -4.9.3 Inductive Loops. Amend this Section to include: "Traffic signal loop detectors shall be replaced per Caltrans Standard Plans ES -5A and ES -513 and shall be Type A or Type E. The new loop detectors shall be installed within the AC pavement final course. All installed loop detectors shall be completely functional to the satisfaction of the Engineer within five consecutive working days of AC pavement final course placement. All installed loop detectors shall be completely functional to the satisfaction of the Engineer within five consecutive working days of AC pavement final course placement. SECTION 308 -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 GENERAL. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall arrange for this work with the City's Urban Forester, Mr. John Conway at (949) 644- 9 SP 14 OF 15 3083, a minimum of five workdays prior to beginning work. Method of pruning and removing tree roots shall be determined, approved, and inspected by the City's Urban Forester as follows: 1. Root Pruning a. The City's Urban Forester shall review and approve all proposed pruning prior to the start of the work. He may inspect any and all work sites as necessary. b. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. c. Roots shall be cleanly severed using a root - pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root - cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk of root flare is less than 2 feet from the sidewalk and /or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and /or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump - grinding machine instead of a root - pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre- approved by the City's Urban Forester. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree." SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.6 Preparation of Existing Surfaces. Modify and amend this section to read: "The Contractor shall remove all existing thermoplastic traffic striping and pavement markings prior to application of slurry seal by a method approved by the Engineer." P 0 SP 15 OF 15 310 -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." PART 4 SECTION 400 - -- ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General 400 -2.1.1 Requirements. Add to this section: "The Contractor shall use crushed miscellaneous base as the base materials." F:WSERSIPBW\S are Cmu MIFV01.OZUNIVERSITV DRNEZONE III WATER MAIN Cd46"PECS CJ46B.dw - ma L10 1 R Wu '.1 192 I - UNIVERSITY DR) YE 193 / 194 195 BONITA CREEK PARK BONITA CREEK IRWD WATER PIPELINE METER VAULT NEWPORT BEACH, CALIFORNIA BORING LOCATION PLAN /A G R A Earth & Environmental, Inc. 6- 212 -1061 PLATE I l=FIED SOIL CLASSIFICATION _ W d0 o a F X 0 20 to ",,,,,,,5 SYMBOLS 0 -5 EXTRUSIVE IGNEOUS ® INTERBEDDED Loose ROCK 11 -20 LIMESTONE AND Stiff 21 -35 compact SHALE . ASPHALT OAF LIMESTONE Very dense Very hard Pt OH CH MI OL CL ML SC SM SP I SW GC IGM GP I GW CLAYEY SILTSTONE sonde wfth fbe. Clean sand. Crew..ith MN Clean gravels N7 a aro a and i�vc e and <TO% >12% f1hes 0% fine. >12x fine. <= files sand. —man than SOX of mane Grawirman than SOX of eoane so0s Uq Uq CONGLOMERATE �m SILTY SANDSTONE fraction to .mdbr then Na 4 New. 1nctlon It larger than No 4 New, Fine WvIned sells Coarse grained . 1, (Mon than 50% Is sma0er than No. 200 sieve) (More than SOS is larger than No. 200 sieve) W d0 o a F X 0 20 to 00 t0 26 M-40 W W 70 60 ea 100 LIQUID MIT` LABORATORY CLASSIFICATION CRrr RLA CW and SW—C.- D60 greater than 4 for SW k 6 for CW ; Ce° (D 30) 2 between 1 end 3. DID DID x D60 CP and SP — faaan grow er sand not meeting requirtnen4 for CW and SW. CM and SM — ArieAerg fimils bebw K line or P.I. Iess than 4. CC and SC — Atterberg limits above 'A' fine with P.L. greater than 7. FINES (alt or cloy) Fine Medium one Fire Coarn Cobbles Noulden send sand sand grow gravel 1.v. sign S ii Mesificatlon of earth motedob shown on this sheet Is based on field inspection and should not be construed to Imply laboratory anaylsts unless so stated. ",,,,,,,5 SYMBOLS 0 -5 EXTRUSIVE IGNEOUS ® INTERBEDDED Loose ROCK 11 -20 LIMESTONE AND Stiff 21 -35 compact SHALE . ASPHALT OAF LIMESTONE Very dense Very hard I © CLAYSTONE SANDY CLAYSTONE an SANDSTONE CLAYEY SILTSTONE SANDY SILTSTONE METAMORPHIC ROCK SILTSTONE CONCRETE W,,,,' SILTY CLAYSTONE CONGLOMERATE �m SILTY SANDSTONE 00 t0 26 M-40 W W 70 60 ea 100 LIQUID MIT` LABORATORY CLASSIFICATION CRrr RLA CW and SW—C.- D60 greater than 4 for SW k 6 for CW ; Ce° (D 30) 2 between 1 end 3. DID DID x D60 CP and SP — faaan grow er sand not meeting requirtnen4 for CW and SW. CM and SM — ArieAerg fimils bebw K line or P.I. Iess than 4. CC and SC — Atterberg limits above 'A' fine with P.L. greater than 7. FINES (alt or cloy) Fine Medium one Fire Coarn Cobbles Noulden send sand sand grow gravel 1.v. sign S ii Mesificatlon of earth motedob shown on this sheet Is based on field inspection and should not be construed to Imply laboratory anaylsts unless so stated. LEGEND OF PENETRATION TEST P20 1 1 Graphic representation of I dri ving rot5 w O Blows per :`oat (using 140 lb. hammer with 30' drop = 350 ft. /lb. blow) 91Dw5 PER FOOT -- 215 5 1 0 CONSISTENCY CLASSIFICATION FOR SOILS According to the Standard Penetration Test No. of blows MATERIAL SYMBOLS 0 -5 EXTRUSIVE IGNEOUS ® INTERBEDDED Loose ROCK 11 -20 LIMESTONE AND Stiff 21 -35 compact SHALE . ASPHALT B LIMESTONE Very dense Very hard I © CLAYSTONE SANDY CLAYSTONE CLAYEY SANDSTONE SANDSTONE CLAYEY SILTSTONE SANDY SILTSTONE METAMORPHIC ROCK SILTSTONE CONCRETE SILTY CLAYSTONE CONGLOMERATE D SILTY SANDSTONE 7` INTRUSIVE IGNEOUS RnnK LEGEND OF PENETRATION TEST P20 1 1 Graphic representation of I dri ving rot5 w O Blows per :`oat (using 140 lb. hammer with 30' drop = 350 ft. /lb. blow) 91Dw5 PER FOOT -- 215 5 1 0 CONSISTENCY CLASSIFICATION FOR SOILS According to the Standard Penetration Test No. of blows Granular Cohesive 0 -5 Very loose Very soft 6 -10 Loose Soft 11 -20 Semicompact Stiff 21 -35 compact Very stiff 36 -70 dense Hard >70 Very dense Very hard Drive LEGEND OF BORING ulk sample sample C.w.6.� Confarmoble material chow Approximate material chop Unconfor oble material chi Bottom of boAn I ie e nge It AW Earth & Environmental, I* TEST BORING LOG TYPE S• DLL HOLLOW STEM AUGER ELEVATION IBORING B_I Sc Fu Grass over light brown to gray SANDY CLAY, moist BAG 1 — — — — — ' SM — — — — Brown trot SB-TY SAND 101 21.4 5 2S 2 5 Dark brown to dark gray SII.TY CLAY, moist — — — — CL ... (9 fect) sca shells 9 L4 3 10 ... (10 feet) pioca of plastia and trash, SANDY pockets, SHALE fragments — — — — — — — — — — — — — — — NATIVE CL Br SILTY CLAY with tract of fine SILTY SAND 116 145 18 25 4 15 Y 3 L4 5 Brown SANDY CLAY — — — — — — — — — SC NOTES: 1) Total depth of boring 215 fat 2) No caving. 3) Gmunch atu was encountered at 18 fat 4) Backfilled with cuttings on December 23, 1996. N to THIS BORING LOG SUMMARY APPLIES ONLY AT THE L�1 Wo Hv+- o Hin z lZi o� TIME AND LOCATION INDICATED. SUBSURFACE M H U Z 7 H W \ �w 2 W l-- S W �HJ CONDITIONS MAY DIFFER AT OTHER LOCATIONS _j O\ H W J2 d dW LL rj LL " AND TIMES. V1 Wl: N O O IL I= W ZJ =N �U o� m Nv ac ° LOGGED BY EAR DATE 12 -23 -96 Job No. 6-212406100- January 8,1997 A -1 11 FEB i 2 2002 TO: Mayor and Members of the City Council FROM: Public Works Department C 74W February 12, 2002 CITY COUNCIL AGENDA ITEM NO. 13 SUBJECT: UNIVERSITY DRIVE ZONE III 16 -INCH WATER MAIN IMPROVEMENT PROJECT - AWARD OF CONTRACT NO. 3468 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3468 to Brongo Construction for the Total Bid Price of $116,650, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $10,000 to cover the cost of unforeseen work. DISCUSSION: At 2:00 p.m. on January 29, 2002, the City Clerk opened and read the following bids for this project: TOTAL BID AMOUNT 116,650.00 119,505.00 128,670.00 129,525.00 136,450.00 140,000.00 142,140.00 143,970.00 147,537.45 155,130.00 169,902.70 219,455.00 'Corrected bid amount The low total bid amount is 33 percent below the Engineer's Estimate of $175,000. When questioned, the Contractor stated the lower price was a result of the recession and a very competitive marketplace. The low bidder, Brongo Construction, possesses the General "A" contractor's license as required by the project specifications. Brongo has satisfactorily completed similar water line projects for several school districts and private developers. Their reference check revealed very favorable comments. The Contractor was a low bidder on the Newport Heights sewer main replacement project in 1995 and completed the job to the City's satisfaction. BIDDER Low Brongo Construction 2 David T. Wasden, Inc. 3 Munoz Construction 4 Majich Bros. 5 Mike Bubalo Construction 6 Steve Casada Construction 7 Amick Construction 8 GCI Construction 9 J & C Underground 10 J.A. Salazar Construction 11 Savala Construction 12 Albert W. Davies TOTAL BID AMOUNT 116,650.00 119,505.00 128,670.00 129,525.00 136,450.00 140,000.00 142,140.00 143,970.00 147,537.45 155,130.00 169,902.70 219,455.00 'Corrected bid amount The low total bid amount is 33 percent below the Engineer's Estimate of $175,000. When questioned, the Contractor stated the lower price was a result of the recession and a very competitive marketplace. The low bidder, Brongo Construction, possesses the General "A" contractor's license as required by the project specifications. Brongo has satisfactorily completed similar water line projects for several school districts and private developers. Their reference check revealed very favorable comments. The Contractor was a low bidder on the Newport Heights sewer main replacement project in 1995 and completed the job to the City's satisfaction. Subject: University Drive Zoo 16 -Inch Water Main Improvement Project Ard of Contract No. 3468 February 12, 2002 Page: 2 PROJECT DESCRIPTION: On October 8, 2000, a leak was detected in the University Drive 20 -inch transmission main (located in the eastbound bike lane of University Drive near Bonita Creek Park). During the repair, it appeared that due to poor installation and insufficient protective coatings, corrosion of this 15 -year old ductile iron pipe had occurred at the joint. One section of the joint showed cracks that appeared to have been created during the original construction. A section of the ductile iron pipe was removed and replaced with a 20 -inch PVC pipe. The Ductile Iron Pipe Research Institute was called to analyze the failure and they cited poor installation and highly corrosive bay soils as the cause of the failure. The transmission main began to leak again in March 2001, at a different location but very close to the original failure. Similar joint corrosion was identified as the cause. The pipe appeared to be in extremely poor condition and replacement was recommended. Project funds are available in the Water Transmission Main Replacement Capital Improvement Account, 7501- C5500386. The project should take about two months to complete after award. Minimal traffic disruption will occur with only one lane of traffic being impacted. Respectfully submitted,, PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director In MicXael J. Sinacori, P.E. Utilities Engineer Attachment: Project Location Map Bid Summary =z U W C LUM G W �a 00 LU W z0 LL 3: 0 J U m a E iti o p N U F V 0 � � W V m Y w V N V Z � QO U � m } m A Y 3 u C b O J H H .r 0 A o N O n N n u_ ut i ILI W C7 ZW Z Na b G Z C7 0 Ov w a Ank E to e l Am °i oa N a o00 r! o a otl 3 �,3 X700 7 0 0 O Omi V b m O O N 10 O O M M N rl N M M In m ii/�z s > S O Q V U a U s Q w ry d L Yn � V O O O O O O O O O Ut-- O O O O O O O O O O O O O n O= f O O O O M N N O In O O O O = QO O M O O O O N M M V F,oO O O O 0 0 0 O O O D °o °o °o °m m r °o °o n .R otl� Jf °i O ti pV1p ti Q ion .+ C Q co U O O O O O O O O O "OO O rn 000 0 0 °off Rr Z o 0 u°imm m m o o o= O of O M L!1 N M V1 N 0 o O O O o 0 0 o O 0 0 ~ S S O m N O O Q O '.°�.� z O m N O O o In C a O p �a o °o °o o °o V Y � o 0 o o 0 0 0 M M 'o Z c 0 °+ M m is vi P o0 otl o0 Z o° .+ Ln ri ry r'1 0 0 0 0 0 0 0 0 0 0 C 0 Z o 0 o c o o 0 0 0 0 m N^ '� O °o V' N a N m N M ~ m In N C Q 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 oLi 0 0 o O 0 O 0 O 3: oGoo Z O O N ut M O O C5 O O Z O m O vt N V1 O In O J V N rl N �p yI O P r1 Vf N O O O O O O O O 0 0 C z O O O O O O O O a; m:D H o 0 0 0 0 0 0 0 0 0 E O N O vl N P N R v1 W Q Vi N O Np N P k6 P� N v c Q o SIR 00 00 °0 00 M 0 00 a o W Z O O m M vpi O N W o 0 Z O O N M V1 N �Nn [Vn (uni FGZ c' rn m > 0 Z ° ° is a v ^p a 3 _ LL O K Y u m E a c d o G S m a s u N 0 U c ° ° o O � W+ N M P H b n m Ol E to e l Am —I- °i 0o N a °o r! o 0 0� 3 �,3 X700 w D ° o m ion o uoi o^ M 10 ti 5 n .a V lfl N � .y M N fi Ul m ii/�z s > S o a m v a V U a U s Q w d L Yn � 7 O O O m N N O O O Ut-- o O O O O O n O= O O O O O O O O O F,oO 0 000 0 0 00 D °o °o °o °m m r °o °o n .R upi Jf °i O ti pV1p ti Q N .+ s o0 0 om 000 0 0 0 0 Z o 0 roi m m o °o o= O O O O O O O O O 0~ S S O '.°�.� O P o V Y 0 0 O O O O O O O ui Ln ri b r'1 '� O °o vmi °0 omrini p° °0 m� O ~ m In N s Q p p p p O p O p p dGoo 0 000 0 0 0= Z O m O vt N V1 O O n O M �p yI O P r1 Vf N O O C O O O O O O O O o H o 0 0 0 0 0 0 0 0 0 O Vi N O Np N P k6 P� �i Q M a o 0 Z O O N M V1 N O Q O b O V —I- a n f Q 1' E f m 0 0 N 0 N a e 0 °i In N 3 �,3 w D ° G ti 5 n .a V oV6 6 S w m ii/�z s > S o a m v a V U a U s Q w L Yn a n f Q 1' E f m 0 0 N 0 N a e 0 S Q W m O IL 3 W Z O Z W a W 0 Y G2 U J m a E . w °o N = W V U � N x O O U m Y W 01N V QO U O 0 0 m } m C a S d a L c C b N u a o� O N O n O A UI N Y W H � � W ..0 19 : O W Z Z < W W Z_ W �ZC70 0 V w d i .J N d a N a O 0 o ol O O O O O O ci V, Z O Vl 0 7 O I(1 vl tD .y m n le L IA Q N 3 W O O 0 0 0 o O O Q� o col u1W O w n o o O� Z O of N n b of N vi ii = M L L .Mi M .~-� m o M th N M Vl V1 m0 m c Q O O V a o o O O G O O O O 1 O oo O tlf N o O O N o O O of O O M vi ri � vi °Zoo 0 V J O O N N W N O O O M of C < rl U ¢ .y A on oo o zoo 6 .�+�v' °o °o o o~ O n .J N d a N a N a� it v T V n O f �g b m "1 o` �, OVOH M. SnIN NN1 YW NVS �z� m ro 0 rJ 3MJ5 Ol 1DN i TS L� Sm jo IN HIILS TUB 3 �'IF �.2mr— — 1 MACARTHUR BLVD 1 U Q m irw H 0. Z3 LL J Oa U z W = W v ZINN Z O s0 p r � W M Z_ � Q D � cc W y � Q Lu 3 W Z W Z O N d Q Z O H Q C> O CITY OF NEWPORAEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (949) 644 -3005 March 6, 2002 David T. Wasden Inc. 1240 San Cristodal Drive Riverside, CA 92506 Gentlemen: Thank you for your courtesy in submitting a bid for the University Drive Zone 111 16 -inch Water Main Improvement Project (Contract No. 3468) 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 C11Y OF NEWPORTIEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 March 6, 2002 Munoz Construction Corp. P.O. Box 1747 Yucaipa, CA 92399 Gentlemen: Thank you for your courtesy in submitting a bid for the University Drive Zone III 16 -inch Water Main Improvement Project (Contract No. 3468) 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 C11Y OF NEWPORAEACH OFFICE OF THE CITY CLERK I? O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 March 6, 2002 Albert W. Davies, Inc. 8737 Helms Avenue Rancho Cucamonga, CA 91730 Gentlemen: Thank you for your courtesy in submitting a bid for the University Drive Zone III 16 -inch Water Main Improvement Project (Contract No. 3468) 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 CITY OF NEWPORAEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 March 6, 2002 Savala Construction Co., Inc. 16402 E. Construction Circle Irvine, CA 92606 Gentlemen: Thank you for your courtesy in submitting a bid for the University Drive Zone III 16 -inch Water Main Improvement Project (Contract No. 3468) 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 CI'Y OF NEWPORTIREACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 March 6, 2002 J.A. Salazar Construction Co. 14937 Rayfield Drive La Mirada, CA 90638 Gentlemen: Thank you for your courtesy in submitting a bid for the University Drive Zone III 16 -inch Water Main Improvement Project (Contract No. 3468) 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 CIRY OF NEWPORAEACH J &C Underground 1813 N. Rose Street Burbank, CA 91505 Gentlemen: OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 March 6, 2002 Thank you for your courtesy in submitting a bid for the University Drive Zone III 16 -inch Water Main Improvement Project (Contract No. 3468) 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, a'5" M, AlaA ' LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach Cl"�Y OF NEWPORAEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 March 6, 2002 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 University Drive Zone III 16 -inch Water Main Improvement Project (Contract No. 3468) 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, C)7"d& " , -�n, 4� &, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach C11'Y OF NEWI'ORTBEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 March 6, 2002 Amick Construction Co. Inc. 905 West I Street Ontario, CA 91762 Gentlemen: Thank you for your courtesy in submitting a bid for the University Drive Zone III 16 -inch Water Main Improvement Project (Contract No. 3468) 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. Narkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CP�Y OF NEWPORTBEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 March 6, 2002 Steve Casada Construction Co. Inc. 1426 S. Allec Street Anaheim, CA 92805 Gentlemen: Thank you for your courtesy in submitting a bid for the University Drive Zone III 16 -inch Water Main Improvement Project (Contract No. 3468) 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, CMClAAE City Clerk 3300 Newport Boulevard, Newport Beach CIRY OF NEWPORAEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 March 6, 2002 Mike Bubalo Construction Co., Inc. 12 South Old Ranch Road Arcadia, CA 91007 -6170 Gentlemen: Thank you for your courtesy in submitting a bid for the University Drive Zone III 16 -inch Water Main Improvement Project (Contract No. 3468) 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 C11Y OF NEWPORAEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 March 6, 2002 Majich Bros., Inc. P.O. Box 337 Altadena, CA 91003 -0337 Gentlemen: Thank you for your courtesy in submitting a bid for the University Drive Zone III 16 -inch Water Main Improvement Project (Contract No. 3468) 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, 0;; 24 -,. Ila" LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach