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HomeMy WebLinkAboutC-4007 - Oceanfront Alley Water main Replacement between 14th and 20th StreetsCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Lellani 1. Brown, MMC July 14, 2010 Mr. John T. Malloy John T. Malloy, Inc. 3032 Bandini Boulevard Los Angeles, CA 90023 Subject Oceanfront Alley Water Replacement Between 140, and 200, Streets (C -4007) Dear Mr. Malloy: On July 14, 2009, the City Council of Newport Beach accepted the work for 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 27, 2009. The Surety for the contract is Hartford Fire Insurance Company and the bond number is 72BCSES9419. Enclosed is the Faithful Performance Bond. Sincerel I VUUy � Leilani 1. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, Californla 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Lellant 1. Brown, MMC August 27, 2009 Mr. John T. Malloy John T. Malloy, Inc. 3032 Bandini Blvd. Los Angeles, CA 90023 Subject: Oceanfront Alley Water Replacement Between 14th and 20th Streets (C -4007) Dear Mr. Malloy: On July 14, 2009, the City Council of Newport Beach accepted the work for 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 23, 2009, Reference No. 2009000396510. The Surety for the contract is Hartford Fire Insurance Company and the bond number is 72BCSES9419. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us (� ����{i I C)Ifl, .,I Rr., ����h oi.mg, rnu�it/ RECORDING REQUESTED BY ANDRE" ' l 1'1,:1A WHEN RECORDED RETURN TO: N I ( II I �§ (('f 39 Ally -3 [f:}(i(f1111;fSlti` 10 03 OOpul U7i23. +119 City Clerk �{ P I N I City of Newport Beach i I ,I11 a 1111 !1 1111 O 1IU a oU 3300 Newport Boulevard )1 E m Newport Beach, CA 92663 CP Ot "Exempt from recording fees T pursuant to Government Code Section 27383" NOTICE OF COMPLETION n/( NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and John T. Malloy, Inc., of Los Angeles, California, as Contractor, entered into a Contract on November 12, 2008. Said Contract set forth certain improvements, as follows: Oceanfront Alley Water Main Replacement Between 14th and 20th Streets (C -4007) Work on said Contract was completed, and was found to be acceptable on July 14, 2009, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Hartford Fire Insurance Company. BY L Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. ' @ /► ��} Executed on �� I�I �MJ I at Newport Beach, California. ��illillillillillill N =-.#� III ff I a- lk� �.1111 I W ll 11 1=211 0 0 CITY OF NEWPORT BEACH I JUL 14 10N CITY COUNCIL STAFF REPORT MATH Agenda Item No. 8 July 14, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Patrick Arciniega 949 -644 -3347 or parciniega @city.newport- beach.ca.us SUBJECT: WEST OCEAN FRONT ALLEY - WATER MAIN REPLACEMENT COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4007 Recommendations: 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. 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. 3. Release the Faithful Performance Bond 1 year after Council acceptance. Discussion: On November 12, 2008, the City Council authorized the award of West Ocean Front Water Main to John T. Malloy Inc. The contract provided for the removal and replacement of water valves, fire hydrants, water meters constructing 6 and 8 -inch PVC water main and restoration of all surface improvements. 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: $629,580.00 Actual amount of bid items constructed: $592,080.00 Total amount of change orders: $86,897.54 Final contract cost: $678,977.54 Four change orders resulted from old abandoned utilities that were not shown on current utility maps and various delays. In addition there were some fairly significant delays associated with coordinating this work with the concurrent Underground Utilities Assessment District 99 -2. The final overall construction cost including Change Orders was 7.8% percent over the original bid amount. The first Change Order was a credit in the amount of $(12,820.20) provided for rental of the City's water main bypass equipment. Wes &n Front Alley Water Main Replacement - Compleland Acceptance of Contract No.4007 Juty 14, 2009 Page 3 Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work two City prepared notices were distributed by the contractor to both residents and businesses. The first notice was distributed ten days before work in the area and the second notice 48 hours prior to starting work in the area. Funding Availability: Total project expenses are summarized as follows: Construction Construction Inspection Surveying Geotechnical Paving Potholing Incidentals $678,977.54 21,620.00 26,140.00 2,060.00 6,744.00 3,450.00 1 509.55 Total $740,501.09 Funds for the construction project were expended from the following account(s): Account Description Water Enterprise Sewer Main Replacement Assessment District AD 99 -2 Construction Contingency Prepared by: Patrick Arcini a Project Manager Account Number 7501- C6002000 7531- C7002000 74099 -9805 Amount $591,430.76 $39,546.78 $48,000.00 Total: $678,977.54 100,011, � • • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani 1. Brown, MMC July 15, 2009 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notices of Completion for the following projects: Dover Drive Street Improvement Project (C -3652) Oceanfront Alley Water Main Replacement (C -4007) 08 -09 Traffic Signal Upgrades (C -4102) Central Library Air Conditioning Rehabilitation (C -4138) Please record the enclosed documents and return them to the City Clerk's office. Thank you. Sincerely, Leilani I. Brown, M C City Clerk Enclosures 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach. California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us ,t' • 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 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and John T. Malloy, Inc., of Los Angeles, California, as Contractor, entered into a Contract on November 12, 2008. Said Contract set forth certain improvements, as follows: Oceanfront Alley Water Main Replacement Between 14"' and 20"' Streets (C -4007) Work on said Contract was completed, and was found to be acceptable on July 14, 2009, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Hartford Fire Insurance Comnanv. Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. gg Executed on 4141 I at Newport Beach, California. • • a CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 a.m. on the 28th day of October, 2008, at which time such bids shall be opened and read for OCEANFRONT ALLEY WATER MAIN REPLACEMENT BETWEEN 14TH AND 20TH STREETS Title of Project Contract No. 4007 $760,000.00 Engineer's Estimate Wn G. Badum Works Director Prospective bidders may obtain one set of bid documents for $15.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classifcation(s) required for this project: "A" For further information, call Patrick Arciniega, Proiect Manager at (949) 644 -3347 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: htti)://www.city.newport-beach.ca.us CLICK: e- onlineservices /e- bidPublicWorks • i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEANFRONT ALLEY WATER MAIN REPLACEMENT BETWEEN 14TH AND 20TH STREETS CONTRACT NO. 4007 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ........................................................ .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER ............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIALPROVISIONS ................................ .... .............................. ... ....................... SP -1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEANFRONT ALLEY WATER MAIN REPLACEMENT BETWEEN 14TH AND 20TH STREETS CONTRACT NO. 4007 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price; may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 3.so zY7 4 Contractor's License No. & Classification Bidder A th rized Signaturer itle I6 -Z7� -68 Date X. 0 • Bond No. H -1075 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEANFRONT ALLEY WATER MAIN REPLACEMENT BETWEEN 14TH AND 20TH STREETS CONTRACT NO. 400 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 ($10% of Amount Bid), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of OCEANFRONT ALLEY WATER MAIN REPLACEMENT BETWEEN 74TH AND 20TH STREETS, Contract No. 4007 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it, is agreed that the death of any such Principal shall not exonerate the Surety from lts obligations under this Bond. Witness our hands this 14th day of October '2008- John T. Malloy, Inc. Name of Contractor (Principal) Hartford Fire Insurance company Name of Surety One Pointe Dr., Suite 325 Brea, CA 92622 Address of Surety 714 - 674 -1200 Telephone Daniel Huckabay, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) CALIFORNIA ALL-PURPOSE es v ..y � ;C,v' y' y�y': °aTC-eY •. •.�,s'.yr,��': e7t�?6'i➢Cea' aT(ti, es2�2'v -r dr er - ✓- vr-v' �:r ��err,�e_3' 3 -•l er�.ur- ,s2�•.%.r",,./..�r' STATE OF CALIFORNIA County of Orange On 10/14/08 before me, Arturo Ayala. Notary Public Data Here Insert Name arld I Me of the Officer personally appeared Daniel Huckabay Name(s) of Signer(s) ARTURO AYALA h COMM. #1636549 tq NOTARY PUBLIC- CALIfORNIAU � ORANGE COUNTY N MY COMM. EXP. JAN. 10. 2010 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand a tcta' Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: _ 10/14/08 Number of Pages: One Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Daniel Huckabay ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner— ❑ Limited ❑ General (� Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Top of thumb here- [] Other: Signer Is Representing: Signers Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Top of thumb here ❑ Other: Signer Is Representng: 0 2007 National Notary Amoclatlon • 9350 De Soto Ave., P.O. Box 2402 • Clat rth, CA 91313 -2402 • waw.NatlanalNOtarymg ltem #5907 Reorder: Call Tatl -Free 1.804),876.6827 0 0 Bond No. H -1075 Direct InquirAwmaims to: POWER OF ATTORNEY P.O. BOX 2103, 6900 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 calk 888- 266 -3488 ortax: 860 - 757 -5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 72- 181009 XQ Hartford Fire Insurance Company, aemporation duly orgaoizedunda the laws of the State ofCuaaecticut Q Hartford Casualty Insurance Company, a oorporation duly organized under the laws of the State of Indiana Q Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Q Hartford Underwriters Insurance Company, a corporation duly organized under the taws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana © Hartford Insurance Company of Illinois, a corporation duly organized under the laws of fire State ofMimis Q Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the'Compantes') do hereby make, constitute and appoint, up to the amount of unlimited: Ralph 6dem, Jr, Daniel Muckabay, Altura Ayala Of Orange, CA their true and lawful Attomey(s)4n -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, 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 contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings alloyed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Fuller, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. 00'* 00) . ��• �*ti�9 �g� • keaan POW A. Bergenholiz, Assistant Secretary David T. Akers, Assistant Uce President STATE OF CONNECTICUT j } ss. Hartford COUNTY OF HARTFORD ) On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duty swom, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seeks of the said corporations; that the seals affixed to the said Instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. "'rjtl • scauB.Pmeka NDMy Pabac CERTIFICarE MyCa®iraiaa Egire6 October 31,2007 1, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and coned copy of the Power of Attorney executed by said Companies, which is still in full force effective as of October 14th, 2008 Signed and sealed at the City of Hartford. .r V .�gnn.u.r . Mina• a 10 Gary �L 1D7a I 74 4a !! a Gary W. Stomper, Assistant Vice President POA2003 R A on Claims Inquiries Notice Hartford Fire Insurance Company Hartford Casualty Insurance Company Hartford Accident and Indemnity Company Hartford Underwriters Insurance Company Twin City Insurance Company Hartford Insurance Company of Illinois Hartford Insurance Company of the Midwest Hartford Insurance Company of the Southwest Please address inquiries regarding Claims for all surety and fidelity products issued by The Hartford's underwriting companies to the following: Phone Number: 888- 266 -3488 Fax — Claims 860- 757 -5835 or 860 -547 -8265 E -mail claims@Istepsurety.com Mailing Address The Hartford BOND, T -4 690 Asylum Avenue Hartford, CT 06115 Claims Inquiries Notice 2003 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT l• rq{: �iCaiCaayy{_SCE.J „::,.r>�r.,.:f mar 7eCt�bsi3C.riC%i:Fa<.:av:av: AtiS:r:a State of California County of Los Angeles On 10 -27 -08 before me, _Carol A. Wharrv, Notar Public Date Here Insert Name antl he at the utlicer personally appeared John T. Malloy Name(s) of Signer(s) Capacity(ies) Claimed by Slgner(s) Signer's Name: John T. Malloy ❑ Individual $$ Corporate Officer — Title(s): Prpaidpnr ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact NNINEW ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT TH VidBPRINT OF SIGNER who proved to me on the basis of satisfactory evidence to be the persons) whose name(sj-is/are subscribed to the within instrument and acknowledged to me that he /shvA4 y executed the same in his/gee+Njeir authorized CAROL A. wHARRy capacity(ie4 and that by hisRterRgeir signature(e) on the s 1632853 1 instrument the person(s), or the entity upon behalf of Notary Public - CaIROrMa SmilCCommission which the person $}acted, executed the instrument. t.os Angeles Count' omm. Expires Dec2a,2009 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place NOWry Seal Abos+e /('// Signature `�mr �Natery PUdl�—A OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 10_I L -09 Number of Pages: One Signer(s) Other Than Named Above: Nnna Capacity(ies) Claimed by Slgner(s) Signer's Name: John T. Malloy ❑ Individual $$ Corporate Officer — Title(s): Prpaidpnr ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact NNINEW ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT TH VidBPRINT OF SIGNER Best's Rating Center - Comva y Information for Hartford Fire Ins Wce Company Page 1 of 2 Rating Center Rating Methodolog Industry Research Ratings Definitions Search Bests Rat] Press Releases Related Products I Cour" Risk Structured Frwlce 1 (•law to Oal Rated Conted an Analyst View Ratngs: Fin2ncMl Strength leaver Credit Securities Advanced Search Hartford Fire Insurance Company PisM m Banantalm0.a]l l dr ip tues. False Y' nama]]5n Address: One Hartford Plan Hartford, CT 06155 Best's Ratings Financial Strength Ratings View Definitions Rating. A +' (superior) Affiliation Code: p (Pooled) financial Size Category XV ($2 Billion or greater) Implication: Negative Action: Under Review Effective Date: October 06, 2008 Phone:&so- s47sooc Fax: 860- 547 -6343 Web: www.IhehaMOrd.com OIImr Web Cellars Sala r.mo,....vned m —p—a. d,at mare. u . , 1.1, to maMlne, 4ir ensave vniew a br color Mn.n _ Issuer Credit Ratings View Definitions Long -Term: as -• Implication: Negative Action: Affirmed Under Review Date: October 06, 2008 " Denotes Under Review Ratings. See rating definitions. Reports and News Visit our NewsRoom for the latest news and press releases for this company and its A M Best Group. AMB Credit Report - Insurance Professional (Unabridged) (formerly known as Best's Company Report) - includes Best's Fin: rationale along with comprehensive anslyhcal commentary. detailed business overview and key finadal data Report Revision Date: 10106/2008 (represents the latest significant change). 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US Best's Schedule D Hybrid - PIC & LiR, US Best's Schedule D (Corporate Bonds) - US Customer Service I Prgdua S MEI I Member Centar l Contact Info l Camers About A.M. Best I Site Map I Pnvac i Policy I Security l Terns of Use I Legal & Licensirg http: //www3.ambest.com /ratings /FulIProfile. asp ?BI= O &AMBNum =2231 &AltSrc =... 11/03/2008 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEANFRONT ALLEY WATER MAIN REPLACEMENT BETWEEN 14TH AND 20TH STREETS CONTRACT NO. 4007 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State .law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: John T. Malloy, Inc. Bidder Authorized Signatur /Title CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEANFRONT ALLEY WATER MAIN REPLACEMENT BETWEEN 14TH AND 20TH STREETS CONTRACT NO. 4007 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name ..JO—NV , W44Zo7 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 1R ✓id %eG¢4�s L✓a: e/t i/al ✓� Project Description 6vz-,m¢ ,,, ✓A1✓.s Approximate Construction Dates: From /✓ /06 To: ��o! Agency Name Contact Person ,Ore -e Telephone ( Original Contract Amount $J71joe `o Final Contract Amount $ 7`// / ;l L If final amount is different from original, please explain (change orders, extra work, etc.) LZ-4 i'Z 4 WORK - mNA� 4&01" 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. .✓o No. 2 Project Name /Number fie-.- 6swr:/- Project Description LoNSTC•.r /t" DZ? w►rcc ,A d Approximate Construction Dates: From /0 To: 3% } Agency Name Lzr] eP ,xoAvN>v�#.o 13eAcN Contact Person Ts —,141 Mrfv./a Telephone (4-a) FfDZ - ,SJS7 Original Contract Amount $ 97 J.Yo`sFinal Contract Amount $J1.7 7_ dkk a e 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. 3 Project Name /Number %acr.c Sibs :r w'r;'r4 Project Description Gov�sroa. r /z Dsr wirmm- .ra,r ,ar/ /Y 'ND ?e Xy;-) Approximate Construction Dates: From y�c ;z To: } %} Agency Name C--%-r7 J Contact Person *4Aris; .SNoa r Telephone (1m) 6 gs' S"J"F f v° Original Contract Amount $Lik -p e�- Final Contract Amount $2.s3 390 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 'W«y. 4./ ovw-reA Project Description /4c c4of w .rte ~. -as Approximate Construction Dates: From 3/07 To: 7 Agency Name -sr of Z.. �A44ew Contact Person . w,# Telephone (,;iz) f;:• - 21 •>, Original Contract Amount $755 fro Final Contract Amount $ �Sf'9oi 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. .✓o No. 5 Project Name /Number Project Description Co.+sr2✓4r Y' .,/,r scot ,",r:. Approximate Construction Dates: From /Agir' To: Agency Name elf vF E/ Sts•• /o Contact Person /7/N.r'pe. - �s Vj Telephone (dio) .SLd- z Sc/ Original Contract Amount 'Final Contract Amount $ IV- If final amount is different from original, please explain (change orders, extra work, etc.) p k7.W or s/ a sue,,/ rd rrti... 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. E No. 6 Project Name /Number Project Description Approximate Construction Dates: From T Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount 0 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 current financial conditions. �.J ANN I /Y1Al��f Sr%G Bidder A thori ed ignature/Title fit, • • PAUL MILLER, SUPERINTENDENT Over 20 years estimating and constructing water main projects throughout California. Projects ranged in size from $150,000.00 to $3,000,000.00. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEANFRONT ALLEY WATER MAIN REPLACEMENT BETWEEN 14TH AND 20TH STREETS CONTRACT NO. 4007 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of Los Angels John T. Malloy being first duly sworn, deposes and says that he or she is President of Jbhn T. Malloy, Inc. , 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. Bidder 1---) f4l. (�� Auth rized S gnature/Title Subscribed and sworn to (or affirmed) before me on this 27th day of October '2008 by John T. Malloy personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. =LA Carol A. Comy Public # 1672853 Notary Public I -� Notory Public - Callfomb Los Angeles County F?y CO,'nm. Bq*w Dec 26, 2009 [SEAL] My Commission Expires: December 24, 2009 11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEANFRONT ALLEY WATER MAIN REPLACEMENT BETWEEN 14TH AND 20TH STREETS CONTRACT NO. 4007 DESIGNATION OF SURETIES r Bidders name JoH� T ..+.oss�� y,)c 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): /1q,zr6 „w l�IJ�ir[ %O. $aY 2333 a-Ct -n c.I rjtyti ' re-g- 40e'2 4e 714- L 7'1• lizi C 2,0 f',s /..M 9 ✓e e.4 %a. XXOMssefj Ylwro r.+ss,u 'J« r 12 0 10 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEANFRONT ALLEY WATER MAIN REPLACEMENT BETWEEN 14TH AND 20TH STREETS CONTRACT NO. 4007 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name _Jcpr i rrlasev? ;7.r C_ Record Last Five (5) Full Years Current Year of Record 7r 1 he intormation required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Current Record Record Record Record Record Year of for for for for for Record 2007 2006 2005 2004 2003 Total 2008 No. of contracts Total dollar Amount of Contracts in ( 66 ZgU Sj�00 y��27 %qSb g�22 Thousands of $ No. of fatalities D 0 D D Q No. of lost Workday Cases D D No. of lost workday cases involving D d D D permanent transfer to another job or termination of employ ment 7r 1 he intormation required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Legal Business Name of Bidder Business Address: s3o3t c?,r,,Gw; dl,J e.,9. C,9 iooas Business Tel. No.: 3za• 3Fo- ss�i State Contractor's License No. and Classification: 3Sv zb 14, Title 1LPiLt�PP,v 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. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On 10 -27 -08 before me, Cabol'rA. Wherry, Notary Public Date Here Insert Name and Title of the Officer personally appeared John T. Malloy Names) 01 Signers) CAROL A, VVWRY Commiaaton ! 1632853 Notary Public - California Loa Angeles County - MyCOmm. Ezplrea Oec 24, 2009 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(e) whose name(o is/are subscribed to the within instrument and acknowledged to me that he/sheMitey executed the same in his/herkheir authorized capacity(ieii and that by his/herkheirsignature(s)-on the instrument the persoli or the entity upon behalf of which the person(s)-acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.. /// Signature . 4 �� Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: :;Safety Record Document Date: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: John T. Malloy ❑ Individual XX Corporate Officer— Title(s): President ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: OF SIGNER Number of Pages: Signer's Nat ❑ Individual • Corporate Officer — Title(s): • Partner — ❑ Limited Cl General • Attorney in Fact • Trustee • Guardian or Conservator 17 Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER 02007 National Notary Association- 9350 De Soto Ave., P.O.e 2602- ChaM,O ,CA91 31 3- 2102- vivrv.NabonalNotary.org Item1f5907 Reorder: Call Tolbt-ree 1.80087&6827 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEANFRONT ALLEY WATER MAIN REPLACEMENT BETWEEN 14TH AND 20TH STREETS CONTRACT NO. 4007 ACKNOWLEDGEMENT OF ADDENDA Bidders name lo..r i..�a«o, �✓� The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature 15 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEANFRONT ALLEY WATER MAIN REPLACEMENT BETWEEN 14TH AND 20TH STREETS CONTRACT NO. 4007 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: J�,✓ , T. ,tr.y TM/c. Business Address:-,? o 32 i?,s*J,;,,; gl„/ ,l.,I co Sooz3 Telephone and Fax Number: 323.7kv.59yi Fyx: 3z3•z If- z3 ft California State Contractor's License No. and Class: -Y.5,0 Z-f 7 A� (REQUIRED AT TIME OF AWARD) Original Date Issued: 42117J Expiration Date: 7be 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: 30,/ rYl, //tom - 5.4,- 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 .%pAtw welleOX Ayee'i,.> Xo?z$yim Jt. //Af CA 3LI- lea -tfY� a% +37/N /%9AllH dices /Itrs.�n+: 3eJ= $Nr /•i: �%? / 4,1, 44 jts- ?"_ ?Jr.// Corporation organized under the laws of the State of CAL t F e 16 i . , • , • The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: NaVke- For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: ,JniJt Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. ,J a Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for lab compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes No Are any claims or actions unresolved or outstanding? Yes e 0, • ' • 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. Bidder NJ "4A[Lp (Print name of Owner or President Corporation /Company) Autl orize Signature/Title Title Ib- Z� -6g Date Subscribed and sworn to (or affirmed) before me on this 27th day of October by -John T_ Mat 1 oy personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. CAROL A NMARRy Ca1TIMISSIon # 1532853 -i Notary Puhito • Callfonva Los Angeles County t,?y Comm. Fakes Dec 24, 2009 [SEAL] m Carol ACarol A. Wharry�. Notary Public 2008 My Commission Expires: December 24, 2009 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEANFRONT ALLEY WATER MAIN REPLACEMENT BETWEEN 14TH AND 20TH STREETS CONTRACT NO. 4007 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 19 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 OCEANFRONT ALLEY WATER MAIN REPLACEMENT BETWEEN 14TH AND 20TH STREETS CONTRACT NO. 4007 CONTRACT THIS AGREEMENT, entered into this day of , 2008, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and JOHN T. MALLOY, INC., a Califirnia corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: OCEANFRONT ALLEY WATER MAIN REPLACEMENT BETWEEN 14TH AND 20TH STREETS The work necessary for the completion of this contract consists of constructing 6 and 8 -inch PVC water mains, removing and replacing water valves, fire hydrants, water meters, and restoration of all surface improvements. 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. 4007, 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. 20 0 0 C. COMPENSATION The original "as read" bid amount of $648,780.00 contained. math errors and the corrected bid price is reflected below: 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 Six Hundred Twenty-Nine Thousand, Five Hundred Eighty and 00/100 Dollars ($629,580.00). 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: Patrick Arciniega (949) 644 -3347 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: CONTRACTOR John T. Malloy, Inc. 3032 Bandini Boulevard Los Angeles, CA 90023 323 - 780 -9941 323 - 269 -2396 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 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.couerage 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 of &&s?`employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been, proximately caused by an Act of God, in excess of 5 percent of the Contract 23 0 0 amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stoo 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 active negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. I. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: c�,f CITY OF N,1124PORT BEAC A Munici Corporation By: CITY CLERK MaY6r APPROVED AS TO FO AARON C. HARP Assistant City Attorney JOHN T. MALLOY, INC. 9,4\;T- NPzI, By: (Corporate Officer) Title:y< ` Print Name: � 6 ff l� T ty) (�4-0 B : 4� Y (Financial Officer) Title: '�j� / I p \/) � Print Name: �J �1 C�[ � POA L L O Please note: Corporations must complete and sign both places above even if each office is held by the same individual 25 This bond was issued in four(4) identical counterparts. THE FINAL pRlEItIIIUI16i IS PREDICATED ON THE FINAL CONTRACT PRICE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEANFRONT ALLEY WATER MAIN REPLACEMENT BETWEEN 14TH AND 20TH STREETS CONTRACT NO. 4007 BOND NO. 72BCSES9419 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to JOHN T. MALLOY, INC., hereinafter designated as the "Principal," a contract for construction of OCEANFRONT ALLEY WATER MAIN REPLACEMENT BETWEEN 94TH AND 20TH STREETS, Contract: No. 4007 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed ar is about to execute Contract No. 4007 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, Hartford Fire Insurance _Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of Six Hundred Twenty -Nine Thousand, Five Hundred Eighty and 001900 Dollars ($629,550.00) lawful money of the United States of America, said sum being equal to 700% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and 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 73020 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 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 stn da of November 2008. JOHN T. MALLOY, INC. Principal) Authorized Sig ature/Title Hartford Fire Insurance Company Name of Surety One Pointe Dr., Suite 325 Brea, CA 92822 Address of Surety 714-674-1200 Telephone zl--�� �2�- Authorized Agen nature Arturo Ayala, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 ACKNOWLEDGMENT as a if a aal aaa a■aaaaa■aaa■a aaa a a a as as aaa■■ a a a s a a a a a a a a a a K a a a a a aaaaaaaaaaal State of California County of Los Angeles On 11-12-08 before me, Carol A. Wharry Notary Public, personally appeared John T. Malloy who proved to me on the basis of satisfactory evidence to be the person(e� whose name(,s4 is/ice subscribed to the within instrument and acknowledged to me that he/S44� executed the same in his/herfthek authorized capacity(ies% and that by his/he;4A&•signatureso on the instrument the person(s)�, or the entity upon behalf of which the personks-) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, WITNESS my hand and official seal. CAROL A. WHARRY _Commission # 1632853 @my Notary Public - California Los Angeles County Comm. Expires Dec 24, 2009 "nal) a! 1 a■ a a a■ a a a a t a a a a l a a a a a a a a a a a a a . 1 a a a a■■■■; a a a a a a a a a a a a a a a a a a a■■ OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language 11-05-08 Paymenta98nlaterials Two Type of Satisfactory Evidence: Personally Known with Paper identification XX Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO XX President/ Vice -President / Secretary /Treasurer Other: Other Thumbprint of Signer Check here if no thumbprint or fingerprint is available. ._ . t .Fi•.�- "tin?.3 - :;f.4)- ;�=�`� - 385--,4"-.-P:nr.. ,;:[!':'er7:.ia� ; r:,;t,. ACKNOWLEDGMENT ■- a t 1 a a a a a a a[ a a a■■ a f a a a■ a a a a f a[ a a 0 i a a a a a a a![! a . a . a a a a a a a x a a a a a a a a a a a f a r State of California County of Orange ) ss. On 11/5/08 before me, _Daniel Huckabay, Notary Public Notary Public, personally appeared Arturo Ayala who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that hefshe/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. hand and official seal. Signature an a a o Nis",. a a . X. a a a■ a[ a a a a a a a■ f a a soon a a a a t a a f o a a a a a l a a a a[ a a a l Run man on a a a a a, Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION 11/5/08 Labor and Materials Payment Bond Two Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible W itness(es) Capacity of Signer: Trustee X Power of Attorney CEO/CFO/COO President / Vice -President I Secretary / Treasurer Other: Other Thumbprint of Signer F] Check here if no thumbprint or fingerprint is available. HUCKABAY M COMM. #1796314 M LqLDANIEL Notary Public-CaliforniaORANGE COUNTYomm. Expires Apr. 24. 2012 an a a o Nis",. a a . X. a a a■ a[ a a a a a a a■ f a a soon a a a a t a a f o a a a a a l a a a a[ a a a l Run man on a a a a a, Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION 11/5/08 Labor and Materials Payment Bond Two Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible W itness(es) Capacity of Signer: Trustee X Power of Attorney CEO/CFO/COO President / Vice -President I Secretary / Treasurer Other: Other Thumbprint of Signer F] Check here if no thumbprint or fingerprint is available. This bond was issued in four(4) identical counterparts. THE FINAL PREMIUM IS PREDICATED ON THE FINAL CONTRACT PRICE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEANFRONT ALLEY WATER MAIN REPLACEMENT BETWEEN 14TH AND 20TH STREETS CONTRACT NO. 4007 BOND No.72BCSES9419 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 7,051.00 being at the'rate of $ 11.20 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by mofion adopted, awarded to JOHN T. MALLOY, INC., hereinafter designated as the "Principal", a contract for construction of OCEANFRONT ALLEY WATER MAIN REPLACEMENT BETWEEN 14TH AND 20TH STREETS, Contract No. 4007 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. 4007 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Hartford Fire Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of Six Hundred Twenty -Nine Thousand, Five Hundred Eighty and 001100 Dollars ($629,580.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and -in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 28 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (9) 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 5th day of November , 2008. a JOHN T. MALLOY, INC. {Prinupal) Authorized Signature/Tit Hartford Fire Insurance Company Name of Surety One Pointe Dr., Suite 325 Brea, CA 92822 Address of Surety 714-674-1200 Telephone Authorized Agent Sign e Arturo Ayala, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY mus -1 BE ATTACHED 29 ACKNOWLEDGMENT aoil a a a t a f a a f a f a a a a 1 a all a a a . f a 1 1 a l a a a 1 a a f a a a a a a a a a a a a a a a f a a a 1 i a i a a a a a a a :ail 1 State of California County of Los Angeles } ss. On 11-12-08 before me, Carol A. Wharry Notary Public, personally appeared -d.Qhn T. Malloy wno provea to me on the basis of satisfactory evidence to be the person(. whose names} is/ars. subscribed to the within instrument and acknowledged to me that he/s4eAhe), executed the same in hls/he�r authorized capacity(ies), and that by his/h@4 signatures(e)-on the instrument the person(s), or the entity upon behalf of which the person}acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Signature CAROL A. WHARRY Commission # 1632853 @MY Notary Public - California Los Angeles County Comm. Expires Dec 24, 2009 (wail a a a a a a a a a a a a a a a a a a a a a a a it a a of a a a a a a a a It f f a a a a a a a a a OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language 11-05-08 Thumbprint of Signer Faithful Performance Bon Two Type of Satisfactory Evidence: Personally Known with Paper Identification XX Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO XX President / Vice -President / Secretary / Treasurer Other: Other Inform �;,;�- Check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT ■ r ■ ■ ■ ■ f ■ ■ f ■ f 7 f ■ ■ ■ ■ ■ ■ ■ ■ f f f f f ■ f ■ ■ f a f ■ r ■ ■ ■ ■ ■ ■ ■ ■ f r f ■ ■ ■ ■ f ■ ■ l f f ■ 1 r r r f r ■ ■ 1 ■ r f f f ! State of California County of Orange ss. On 11/5/08 before me, Daniel Huckabay, Notary Public Notary Public, personally appeared Arturo Ayala who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, f Ifr■oar tl■■■d■ ■■■ ■ ■ f■■■■■■ .■ ■■■■■■■■ff ■■rr■ E f ■■■■■ ■ ■■■ f ■■■rlr■ ■■ ■rl ■■■■1 OPTIONAL INFORMATION Date of Document Type or Title of Document 11/5/08 Faithful Performance Bond Number of Pages in Document Two Document In a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee x Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: Thumbprint of Signer Check here if no thumbprint or fingerprint is available. ti is-`:' r..?�B \ir;>: �.^, :;?Af?ilir;l. ii'C ,i'�i ;;;Zi.. ia.5 �;�• .. ... .!5turBn�it2^!.•� n) WITNES and official seal. UCKABAY 1796314 nicLafifornia CCOUNTY =jpyNotary LLs Adr. 24, 2012 Signature t,Eal; f Ifr■oar tl■■■d■ ■■■ ■ ■ f■■■■■■ .■ ■■■■■■■■ff ■■rr■ E f ■■■■■ ■ ■■■ f ■■■rlr■ ■■ ■rl ■■■■1 OPTIONAL INFORMATION Date of Document Type or Title of Document 11/5/08 Faithful Performance Bond Number of Pages in Document Two Document In a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee x Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: Thumbprint of Signer Check here if no thumbprint or fingerprint is available. ti is-`:' r..?�B \ir;>: �.^, :;?Af?ilir;l. ii'C ,i'�i ;;;Zi.. ia.5 �;�• .. ... .!5turBn�it2^!.•� n) 0 . Bond No. 72ECSES9419 Direct Inquirfesl0aims to: POWER OF ATTORNEY P.O. BOX 2103, 03 6 0ASYLUUMAVVENUE HARTFORD, CONNECTICUT 06115 cal., 888-260-M8 orfax: 860- 757 -5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 72-181009 Hartford Fire Insurance company, a corporation duly organized ender the laws of the State of Canaecticut XQ Hanford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana XQ Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of ConnecticA r� Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connectfcrd u Twin City Fire Insurance Company, a corporation duly orgaoimd under the laws of the State of Indiana Q Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Minois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the'Compantes') do hereby make, constitute and appoint, up to the amount of unlimited: Ralph Edam, Jr., Daniel Huckabay, Arturo Ayala of Orange, CA their true and lawful Attomey(s) -in -Fad, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by 0, 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 contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on Jury 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. -?'Q Ck . a �' Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT ss Hartford COUNTY OF HARTFORD i .•` .Its �� / j k tq9�0 • � f �� 0 9 David T. Akers, Assistant Vice President On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly swom, did depose and say. that he resides in the County of Flampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. scoot E. Paseka NotmyPublic CBiTWCaTE Myr ,,.'_°",,, Exom October 31,2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and corred copy of the Power of Attorney executed by said Companies, which is still in full force effective as of November 5th, 2008 Signed and seated at the City of Hartford. n 1. r_• � �� s v• . 1 taer aw.� r a o7 e �'"� s f • � nino �'•au. Gary W. STumper, Assistant Vice President farr_sz-.�l THE 1i HARTFORD Claims Inquiries Notice Hartford Fire Insurance Company Hartford Casualty Insurance Company Hartford Accident and Indemnity Company Hartford Underwriters Insurance Company Twin City Insurance Company Hartford Insurance Company of Illinois Hartford Insurance Company of the Midwest Hartford Insurance Company of the Southwest Please address inquiries regarding Claims for all surety and fidelity products issued by The Hartford's underwriting companies to the following: Phone Number: Fax — Claims E -mail Mailing Address Claims Inquiries Notice 2003 888 - 266 -3488 860 - 757 -5835 or 860 -547 -8265 claimsa, l stepsurety. com The Hartford BOND, T -4 690 Asylum Avenue Hartford, CT 06115 Fax #: 0 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach • This checklist is comprised of requirements as outlined by the City of Newport Beach Date Received: 11/14/08 Dept. /Contact Received From: Shauna Oyler Date Completed: 11/14/08 Sent to: Shauna Oyler By: Jessica Scherer Company /Person required to have certificate: John T. Malloy, Inc. 1. GENERAL LIABILITY A. INSURANCE COMPANY: National Union Fire Insurance Company Pittsburg, PA B. AM BEST RATING (A: VII or greater): AXV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $11M or greater): What is limit provided? $1M Each Occ/$2M Agg E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence° wording? ❑ Yes ® No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 11. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Netherlands Insurance Company B. AM BEST RATING (A: VII or greater) AXV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM): What is limits provided? $1,000,000 E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ❑ Yes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. • w 111. WORKERS' COMPENSATION A. INSURANCE COMPANY: State Insurance Compensation Fund B. AM BEST RATING (A: VII or greater): Not Rated C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No IF NO, WHICH ITEMS NEED TO BE COMPLETED? WC Carrier not rated. California Business Search • • Page 1 of 1 DISCLAIMER: The information displayed here is current as of OCT 31, 2008 and is updated weekly. It is not a complete or certified record of the Corporation. Corporation JOHN T. MALLOY INCORPORATED Number: C0828943 Date Filed: 10/3/1977 Status: active Jurisdiction: California Address 3032 BANDINI BLVD LOS ANGELES, CA 90023 Agent for Service of Process JOHN T MALLOY 3032 BANDINI BLVD LOS ANGELES, CA 90023 Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender ", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. http: / /kepler .ss.ca.gov /corpdata /ShowAil List ?QueryCorpNumber- CO828943 &pri... 11/03/2008 Check a License or Home IWvement Salesperson (HIS) Regi *tion - Contr... Page 1 of 2 Department of Consumer Affairs Contractors State Licease +yard Contractor's License Detail - License # 350287 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. >s CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per B &P 7071.17, only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number: Business Information: Entity: Issue Date: Expire Date: License Status: 350287 JOHN T MALLOY INCORPORATED 3032 BANDINI BLVD LOS ANGELES, CA 90023 Business Phone Number: (323) 780 -9941 Corporation 01/09/1978 Extract Date: 10/30/2008 07/31/2010 This license is current and active. All information below should be reviewed. CLASS DESCRIPTION Classifications: A GENERAL ENGINEERING CONTRACTOR C16 FIRE PROTECTION CONTRACTOR CONTRACTOR'S BOND This license filed Contractor's Bond number 143324C in the amount of $12,500 with the bonding company INDEMNITY COMPANY OF CALIFORNIA. Effective Date: 01/01/2007 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL Bonding: The Responsible Managing Officer (RMO) JOHN THORNTON MALLOY certified that he /she owns 10 percent or more of the voting stock/equity of the corporation. 1. A bond of qualifying individual is not required. Effective Date: 01/0111980 The Responsible Managing Officer (RMO) JOHN JUSTIN MALLOY certified that 2. he /she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. http: / /www2. cslb. ca.gov /Onl ineServices /CheekLicense /LicenseDetai l.asp ?LicN u... 10/30/2008 Check a License or Home IWvement Salesperson (HIS) RegiVion - Contr... Page 2 of 2 Effective Date: 07/01/2008 This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number: 467- 0000450 Workers' Compensation: Effective Date: 04101/2007 Expire Date: 04/01/2009 Workers' Compensation History Conditions of Use i Privacy Policy Copyright © 2008 State of California http: /Iwww2.csib. ca. gov /Onli neServices /CheckLicense /LicenseDetaii. asp ?LicNu... 10/30/2008 Encompass Detail Acct. Type: Business Tax License #: BT30012899 Bus. ID: 0043004 Name: JOHN T MALLOY INC Owner Name: MALLOY, JOHN T Owner C Type: Exp. Date: 1/31/2007 S Addy: 3032 BANDINI BLVD S Addy 2: Addr3: LOS ANGELES CA Zip: 90023 B Addrl: 3032 BANDINI BLVD S Addr2: B Addr3: LOS ANGELES, CA B Zip: 90023 Phone: 323 - 780 -9941 FEIN: 1549 SEIN: 0828943 Established: 1!9!2006 SIC: 1511 - GENERAL CONTRACTOR Owner #: 24180 # of Emps: 0 usr1: 242489 usr2: usr3: usr4: usr5: usr6: usr7: C I� i�0112 I t' I Internet 168yry i ;] Microsoft... Inbox - ... 2 Per... W1 ®MlcrosofR.. j# 2 Into... 3:52 PM 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 OCEANFRONT ALLEY WATER MAIN REPLACEMENT BETWEEN 14TH AND 20TH STREETS CONTRACT NO. 4007 DATE: 10 -23 -08 BY: TO: ALL PLANHOLDER; NOTICE TO BIDDERS THE BID DATE AND DUE TIME HAS BEEN CHANGED TO: THURSDAY, OCTOBER 30TH, 10:00 A.M. PROPOSAL: Replace the Proposal with the attached Addendum Proposal Dated October 23, 2008. PLANS: All Plan Sheets No. 9 thru 8 shall be replaced with the Addendum Sheets Nos. 1 thru 8. A majority of the fitting details have been modified or changed. In addition, water main pipe size has been reduced and changed on 20th Street west of the Oceanfront Alley. SPECIAL PROVISIONS: Add the following to the end of the first paragraph of Section 6-7-Time of Completion r, The Contractor shall anticipate the Notice to Proceed from the City such that work shall begin NO LATER than December 1st, 2008. *endum No. 1 - Page: 2 of 8 Add the following to the end of Section 7-10.3 Street Clousures Detours Barricads 5. The Contractor will be allowed to close one alley at a time to complete the work. Work in other alleys can also take place in addition to the closed alley, if that alley remains open to traffic. The Contractor shall make special accommodations to provide access for residents with disablities in the closed alleys. In addition, the Contractor shall coordinate trash collection as noted. Add the following Section 7 -10.6 Street Sweeping Signsl "Permit Parking Only" Signs": 7 -10.6 Street Sweeping Signs/ "Permit Parking Only" Signs. After posting "NO PARKING - TOW AWAY" signs, the Contractor shall cover street sweeping signs, on those streets adjacent to construction, with a "PERMIT PARKING ONLY" sign, in a manner approved by the Engineer. The Contractor shall also cover all parking meters on the center of Balboa Boulevard and post the "PERMIT PARKING ONLY" signs on the same block where construction is being performed, in a manner approved by the Engineer. immediately after construction is complete and the alley is opened to traffic the Contractor shall remove the "PERMIT PARKING ONLY" signs and uncover the street sweeping signs and parking meters. Add the following to the end of the paragraph on SP 8 of 18 in Section 7-10.7 Notices to Residents and Temporary Parking Permits: The Contractor shall also deliver a minimum of two "Temporary Parking Permits" to each affected residents during alley closures. Permits will be provided by City. Add the following Section 7 -17 TEMPORARY WATER MAIN BYPASS: 7 -17 TEMPORARY WATER MAIN BYPASS 7 -17.1 General. As a part of this project, the Contractor will be responsible for installation of the temporary by -pass water system. This is described in a bid item in the Addendum Proposal attached hereto and in these special provisions. The Contractor can commence installation of new mains once the temporary by -pass system is in place and has passed a disinfection test. The Contractor will have the by- pass line inspected by City personnel prior to commencing the project. If at any time, the temporary by -pass water system is damaged, it will be the Contractor's responsibility to repair and replace any damaged or destroyed section to the satisfaction of the City. Husems Pbwlsharedlcentractslfy 08- Moceanfrorn altey water main replacement c- 4007\addendum no i.doc • • *ndum No. 1 - Page: 3 of 8 The Contractor shall adhere to the following special provisions when installing temporary by -pass systems: 1. Water service shall be maintained to all customers at all times except as necessary to install the temporary by -pass systems. The Contractor's method of providing such continuous service shall be approved by the City prior to construction. 2. it is recommended that two (2) 2 -inch steel bypass lines shall be installed, one on either side of the alley adjacent to the meter boxes. All temporary piping crossing streets shall be buried and paved flush with the existing surface. 3. The Conctractor shall make arrangements for disinfection and bacteriological testing and certification of the by -pass sytems from Mr. Alex Soto, Utilities Superintendent, at (949) 718 -3410. The Contractor shall be responsible for disinfection and flushing the by -pass systems. The City will pull the bacteriological samples and run the incubation tests for coliform bacteria. 4. The Contractor will then remove meters and connect services to temporary by- pass systems. Upon acceptance by the City of new water mains, after the water services have been reinstalled by the Contractor, the Contractor will disconnect the temporary by -pass system at each service connection and reinstall meters. Replace the following in Section 9 - -- MEASUREMENT AND PAYMENT: Item No. 7 6 -inch or 4 -inch Class 150 Resilient Wedge Gate Valve: Work under this item shall include installing a 6 -inch or 4 -inch Resilient Wedge Valve stainless steel trim in accordance with the City of Newport Beach STD -508 -L including, but not limited to, valve box and cover and valve extension and all other work items as required to complete the work in place. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. John T. Malloy, Inc. Bidder's Name (Please Print) Date 012g 1b — VMA t-- Signature & fAwerslpbvMhared4contracts\fy 08- Moceanfront alley water main replacement c- 4007Wdendum no 1.doc . Ondum No. 1 - Page: 4 of 8 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM No. 1PROPOSAL OCEANFRONT ALLEY WATER MAIN REPLACEMENT BETWEEN 14TH AND 20TH STREETS CONTRACT NO. 4007 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 4007 in accordance 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 Lump Sum Mo ilizatio ,Dollars and Cents $ coo, � Per Lump Sum 2. Lump Sum Traffic Control Dollars and DD0 r Cents Per Lump Sum tWsemipbwlshareftontractslfy 08- Moceanfront alley water main replacement c- 40071addendum no t.doc • *ndum No. 1 - Page: 5 of 8 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 3. 9 5. 2 7 Lump Sum Remove Interferring Portion of Existing Water Main Dollars and Cents $ 2' Per Lump Sum 220 L.F. Construct 4" PVC Water Main @� �2 Dollars and Cents $ �f • $ Per Linear Foot 140 L.F. Construct 6" PVC Water Main @ 4- 0'k- Dollars and l Cents $ $ Gt3DO, Per Linear Foot 3200 L.F. Construct 8" PVC Water Main @ Dollars 40 and Per Linear Foot 4 EA. Install 6" or 4" RW Gate Valve Dollars � Cents Per Each fAuserslpbwksharedkontractslfy 08 -00bceanfront alley water main replacement c- 4007Taddendum no 1.doc . • 1 • *ndum No. 1 - Page: 6 of 8 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 8. 11 EA. Install 8" RW Gate Valve Siqta-"Z� @ /AA,A \d*k Dollars and Cents Per Each 9. 8 EA. Construct Water Main Connection —�ivsucYC -t -�CJ� Dollars and Cents Per Each 10. 145 EA. Remove Existing and Install 1 -inch Water Service with Meter Box Dollars and Cents Per Each 11. 16 EA. Remove Existing and Install 1 -inch Water Service and reutilize existing Meter Box. Dollars and Cents $ 11 DOE>, Per Each 12. 4 EA. Remove Existing and Install 2 -inch Water Service with Meter Box $acs. $ ( o, @ 1us° �c.c —c Dollars and Cents $ 2t 000, �$ �4 Doa Per Each fiusemXpbMsharedlcontractsVy 08- Moceanfront alley water main replacement c 4CUWdendum no t.doc • *ndum No. 1 - Page: 7 of 8 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 13. 6 EA. Remove Existing and Construct Fire Hydrant Assembly �t0i- 16"5" -I�'A @ Dollars and Cents Per Each 14. 111 EA. Furnish and Install 6" VCP Sewer Cleanout @ Dollars and Cents Per Each 15. Lump Sum Pressure Test, Disinfect, and Flush Water Main Dollars and Cents $ I00ex Per Lump Sum 16. Lump Sum Provide Temporary Water Main Bypassing Dollars and ` Cents $ 119 t 000. Per Lump Sum 17. 17,500 S.F. Trench Resurfacing @ Dollars and .o Cents $ Per Square Foot f'.\U emlpbwlshamdlwntmetslfy 08 -091oceanfmnt alley water mein replacement c- 4007\addendum no 1.doc $ lbs. — • *ndum No. 1 - Page: 8 of 8 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 18. Lump Sum Traffic Striping, Marking, and Markers @ tu" `L `tlA�r```�ollars and Cents $ 3; C) aa. Per Lump Sum —` 19. Lump Sum As Built Plans @ '- ''11ollars and Cents $ l� OD. Per Lump Sum TOTAL PRICE IN WRITTEN WORDS Std and / Cents L0rz Date Jxs) -1,6-0' /r9Y/ 3 z3 xej, - 3 ,e Bidder's Telephone and Fax Numbers 3sb z & j Bidder's License No(s). and Classification(s) Bidder's email address: 5AW wo 6> Y1% 79D. liars Total Price (Figures) JOH.J Authorized Signature *d Title 3P3z 3aNJ, „. d1ol 1Z Ica 9,7,97-3 Bidder's Address fausen 1pbwd haredlcontractsWy OM %Oceanfront alley fu main replacement c- 40W1addendum no 1 doc TITLE: W. Oceanfront Allel CONTRACT NO.: ENGINEER'S ESTIMATE: PROJECT MANAGER: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Water Main Replacement BID LOCATION: City Clerk's Office - City Hall C -0007 DATE: 30 -Oct -08 TIME: 10 a.m. $760,000.00 BY: PA CHECKED: PA DATE: 10/3112008 Patrick Arclntega AS -READ BID $648,780.00 f:\usems pbwlsharedlcontrad\00 -01 \\BID SUMMARY C -4007 Page 1 ENGINEER'S ESTIMATE JOHN T. MALLOY, INC. GCI CONSTRUCTION ATLAS- ALLIED INC. ITEM DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT 1 Mobilization /Demobilization and Cleanup 1 LS $25,000.00 $25,000.00 $25,000.00 $25,000.00 $46,000.00 $46,000.00 5,000.00 5,000.00 2 Traffic Control 1 LS $10,000.00 $10,000.00 $3,000.00 $3,000.00 $7,500.00 $7,500.00 10,000.00 10,000.00 3 Remove Interferring Portion of Existing Water Main 1 LS $27,000.00 $27,000.00 $2,000.00 $2,000.00 $6,500.00 $6.500.00 30,000.00 30,00 4 Construct 4 -Inch PVC C -900 CL 150 Water Main 220 LF $50.00 $11,000.00 $44.00 $9,680.00 $61.00 $13,420.00 40.00 8,8 5 Construct 6 -Inch PVC C -900 CL 200 Water Main 140 LF $55.00 $7,700.00 $45.00 $6,300.00 $97.00 $13,580.00 40.00 5,600.00 6 Construct 8 -Inch PVC C -900 CL 200 Water Main 3,200 LF $70.00 $224,000.00 $40.00 $128,000.00 $45.50 $145,600.00 50.00 160,000.00 7 Furnish and Install 4'or 6" RW Gate Valve 4 EA $1,500.00 $6,000.00 $1,500.00 $6,000.00 $1,500.00 $6,000.00 1,200.00 4,800.00 8 Furnish and Install 8" RW Gate Valve 11 EA $1,750.00 $19,250.00 $1,800.00 $19,800.00 $2,000.00 $22,000.00 2,100.00 23,100.00 9 Construct Water Main Connection 8 EA $1,500.00 $12,000.00 $2,500.00 $20,000.00 $4,500.00 $36,000.00 4,000.00 32,000.00 10 Remove and Replace Existing 1" WS w/ Meter Box 145 EA $750.00 $108,750.00 $1,000.00 $145,000.00 $800.00 $116,000.00 600.00 87,000.00 11 Remove and Replace Existing 1" WS & Reutilize M.B. 16 EA $500.00 $8,000.00 $1,000.00 $16,000.00 $750.00 $12,000.00 575.00 9,200.00 12 Remove and Replace Existing 2" WS w/ Meter Box 4 EA $1,500.00 $6,000.00 $2,000.00 $8,000.00 $4,600.00 $18,400.00 2,500.00 10,000.00 13 Remove and Replace Fire Hydrant 6 EA $5,000.00 $30,000.00 $5,000.00 $30,000.00 $5,700.00 $34,200.00 5,000.00 30,000.00 14 Furnish and Install 6" VCP Sewer Cleanout 111 EA $1,500.00 $166,500.00 $800.00 $88,800.00 $1,000.00 $111,000.00 750.00 831 250.00 15 Pressure Test, Disinfect, & Flush Water Main 1 LS $10,000.00 $10.000.00 $3,000.00 $3,000.00 $8,500.00 $8,500.00 2,500.00 2,500.00 i6 113rovide Temporary Water Main Bypassing 1 LS $5,000.00 $5,000.00 $10,000.00 $10,000.00 $25,000.00 $25.000.00 80,000.00 80,000.00 17 Trench Width 4" AC Hot Mix Overlay to Grade 17.500 SF $4.50 $78,750.00 $6.00 $105,000.00 $2.00 $35.000.00 4.50 78,750.00 18 ITraffic Striping, Markings & Markers 1 LS $2.500.00 $2,500.00 $3,000.00 $3,000.00 $1,500.00 $1,500.00 5,000.00 5,000.00 19 Final Redline As -Built Plans 1 LS $2.550.00 $2,550.00 $1,000.00 $1,000.00 $750.00 $750.00 4,000.00 4,000.00 AS -READ BID $648,780.00 f:\usems pbwlsharedlcontrad\00 -01 \\BID SUMMARY C -4007 Page 1 • • 1 1 1 1 2 F 2 2 2 2 2 2 2 3 3 3 3 3 3 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS OCEANFRONT ALLEY WATER MAIN REPLACEMENT BETWEEN 14TH AND 20TH STREETS CONTRACT NO. 4007 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK - 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -2 PROTECTION 5 -7 ADJUSTMENTS TO GRADE 5 -8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 1 1 1 1 2 F 2 2 2 2 2 2 2 3 3 3 3 3 3 6 -7 TIME OF COMPLETION 4 6 -7.1 General 4 6 -7.2 Working Days 4 6 -7.4 Working Hours 4 6 -9 LIQUIDATED DAMAGES 4 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -7 COOPERATION AND COLLATERAL WORK 5 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 6 7 -10.1 Traffic and Access 6 7 -10.2 Storage of Equipment and Materials in Public Streets 7 7 -10.3 Street Closures, Detours, Barricades 7 7 -10.4 Public Safety 7 7- 10.4.1 Safety Orders 7 7 -10.5 "No Parking" Signs 8 7 -10.7 Notice to Residents and Temp Parking Permits 8 7 -15 CONTRACTOR LICENSES 8 7 -16 CONTRACTOR'S RECORDSIAS BUILT DRAWINGS 8 SECTION 9 MEASUREMENT AND PAYMENT 9 9 -3 PAYMENT 9 9 -3.1 General 9 9 -3.2 Partial and Final Payment 12 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 13 201 -1 PORTLAND CEMENT CONCRETE 13 201 -1.1.2 Concrete Specified by Class 13 201 -2 REINFORCEMENT FOR CONCRETE 13 201 -2.2.1 Reinforcing Steel 13 SECTION 207 PIPE 13 207 -9.2 Ductile Iron Pipe for Water and Other Liquids 13 207 -9.2.2 Pipe Joints 13 207 -9.2.3 Fittings 14 • • 207 -9.2.4 Lining and Coating 14 207 -9.2.6 Polyethylene Encasement for External Corrosion Protection 14 SECTION 214 PAVEMENT MARKERS 14 214 -4 NONREFLECTIVE PAVEMENT MARKERS 14 214 -5 REFLECTIVE PAVEMENT MARKERS 14 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 15 300 -1 CLEARING AND GRUBBING 15 300 -1.3 Removal and Disposal of Materials 15 300 -1.3.1 General 15 300 -1.3.2 Requirements 15 300 -1.5 Solid Waste Diversion 15 SECTION 302 ROADWAY SURFACING 16 302 -5 ASPHALT CONCRETE PAVEMENT 16 302 -5.1 General 16 302 -5.4 Tack Coat 16 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 16 302 -6.6 Curing 16 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 16 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 16 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 16 303 -5.1 Requirements 16 303 -5.1.1 General 16 303 -5.4 Joints 16 303 -5.4.1 General 16 303 -5.5 Finishing 17 303 -5.5.1 General 17 303 -5.5.2 Curb 17 303 -5.5.4 Gutter 17 SECTION 310 PAINTING 17 310 -5 PAINTING VARIOUS SURFACES 17 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 17 310 -5.6.7 Layout, Alignment and Spotting 17 0 10 310 -5.6.8 Application of Paint SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT PART 4- -- ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL SECTION 200 -2 UNTREATED BASE MATERIALS 400 -2.1 GENERAL 400 -2.1.1 Requirements 17 18 18 18 I F :1Users\PBW\Shared%Contracts\FY 08- 081Cceanfront Alley Water Main Replacement C- 40071SPECS INDEX C- 4007.doc • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS OCEANFRONT ALLEY WATER MAIN REPLACEMENT BETWEEN 14TH AND 20TH STREETS CONTRACT NO. 4007 INTRODUCTION SP 1 OF 18 All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. W- 5316 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 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 constructing 6 and 8 -inch PVC water main, removing and replacing water valves, fire hydrants, water meters, and restoration of all surface improvements." 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The City will provide one set of construction staking as required to construct the improvements. Additional stakes or re- staking, and costs thereof, shall be the responsibility of the Contractor. The Contractor shall notify the City in writing two working days in advance of the time that the stakes are needed. All existing street and property corner monuments are to be preserved. The Contractor will be back - charged for the cost of restoring any survey ties and /or • • SP2OF18 monuments damaged by the Contractor, including the cost of filing the required corner records or record of surveys with the County of Orange." 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4--- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various • • SP3OF18 parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. 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 the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust or replace to finish grade City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing sewer /storm drain manhole (including grade rings), meter or valve box covers. The Contractor shall salvage all removed cast iron pipes. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operations Manager, at (949) 718 -3402. SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the `Notice to Proceed.' No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future.. Such stoppages of work shall in no way relieve the Contractor from tht. overaii time of • • SP4OF18 completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 60 consecutive working days after the date on the Notice to Proceed. The Contractor shall 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 (New Year's Day), 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 and Friday in November (Thanksgiving and Friday after), December 24th (Christmas Eve), December 25th (Christmas), and December 31 st (New Year's Eve). If January 1st, July 4th, November 11th, December 24th, December 25th or December 31st falls on a Sunday, the following Monday is a holiday. If January 1St July 4th November 11th December 24th December 25t or December 31st falls on a Saturday, the Friday before is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $60.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of .$500. • SP5OF18 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." 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. 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 Operation Manager, 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 City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, SP6OF18 Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at http://www.city.newport- beach.ca. us /pubworks /links.htm." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back- charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 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 accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." i • SP7OF18 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre - construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall 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. 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), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detour plans shall meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and /or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners." 7 -10.4 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. • • SP8OF18 The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General "A" Contractor's License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A • • SP9OF18 separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. The "As- Built" plans shall be submitted and approved by 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, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan and construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 3 Remove interfering portions of existing water facilities and abandon in place. Work under this item shall include all removals of existing water mains, fittings, coupling, thrust blocks from water facilities that interfere with the location of the proposed facilities. All Valve box and covers from the abandoned portion of the existing water main shall be removed and the improvements replaced to match existing surrounding conditions. All water facilities not interfering with the proposed facilities shall be abandoned in place. • SP 10 OF 18 Item No. 4 4 -inch PVC, C -900, Water Main: Work under this item shall include installing all pipe material including, but not limited to, pavement removal and disposal, 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 per detail sheet 7, installation of pipe, fittings, couplings thrust blocks, potholing of all existing facilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work items as required to complete the work in place. Item No. 5 6 -inch PVC, C -900, Water Main: Work under this item shall include installing all pipe material including, but not limited to, pavement removal and disposal, 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 per detail sheet 7, installation of pipe, fittings, couplings thrust blocks, potholing of all existing facilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work items as required to complete the work in place. Item No. 6 8 -inch PVC, C -900, Water Main: Work under this item shall include installing all pipe material including, but not limited to, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction per detail sheet 7, installation of pipe, fittings, couplings_ thrust blocks, potholing of all existing facilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work items as required to complete the work in place. Item No. 7 6 -inch Class 150 Resilient Wedge Gate Valve (FE X FE) : Work under this item shall include installing a 6 -inch Resilient Wedge Valve stainless steel trim in accordance with the City of Newport Beach STD -508 -L including, but not limited to, valve box and cover and valve extension and all other work items as required to complete the work in place. Item No. 8 8 -inch Class 150 Resilient Wedge Gate Valve (FE X FE) : Work under this item shall include installing a 8 -inch Resilient Wedge Valve stainless steel trim in accordance with the City of Newport Beach STD -508 -L including, but not limited to, valve box and cover and valve extension and all other work items as required to complete the work in place. Item No. 9 Construct Water Main Connection: Work under this item shall include furnishing and installing all pipe material including, but not limited to, pavement removal and disposal, potholing and exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of • • SP 11 OF 18 surface and ground water, bedding, backfill, compaction, installation of pipe, fittings, couplings, thrust blocks, removal, abandonment or protection of interfering portions of existing utilities or improvements, cutting and plugging of existing mains, temporary and permanent support of utilities, disposal of excess excavation materials and all other work necessary to connect proposed water main to the existing system complete and in place. Item No. 10 Remove Existing and Install New 1 -inch Water Service and Meter Box and Cover: Work under this item shall include removing existing service and install new 1 -inch water service in accord with the City of Newport Beach STD - 502 -L, including but not limited to exposing utilities in advance of work, trench excavation, temporary patching or trench plates, control of ground and surface water, disposal of excess excavation materials, installation of a new meter box and cast iron traffic cover, and all other work necessary to install the water service complete and in place. The existing surface improvements shall be restored to match existing conditions. A 3 -inch thick 2- foot by 2 -foot (minimum) hot asphalt repair or 4 -inch thick PCC sidewalk repair (to the nearest full joint) will be required depending upon which condition is present at each service. Item No. 11 Remove Existing and Install New 1 -inch Water Service and Reutilize Existing Meter Box and Cover: Work under this item shall include removing existing service and install new 1 -inch water service in accord with the City of Newport Beach STD - 502 -L, including but not limited to exposing utilities in advance of work, trench excavation, temporary patching or trench plates, control of ground and surface water, disposal of excess excavation materials, utilization of existing meter box and all other work necessary to install the water service complete and in place. The existing meter box resides in either concrete, decorative paving or brick (hardscape). Item No. 12 Remove Existing and Install New 2 -inch Water Service and Meter Box and Cover: Work under this item shall include removing existing service and install new 2 -inch water service in accord with the City of Newport Beach STD - 502 -L, including but not limited to exposing utilities in advance of work, trench excavation, temporary patching or trench plates, control of ground and surface water, disposal of excess excavation materials, installation of a new meter box and cast iron traffic cover, and all other work necessary to install the water service complete and in place. The existing surface improvements shall be restored to match existing conditions. A 3 -inch thick 2- foot by 2 -foot (minimum) hot asphalt repair or 4 -inch thick PCC sidewalk repair (to the nearest full joint) will be required depending upon which condition is present at each service. Item No. 13 Remove Existing and Construct Fire Hydrant Assembly: Work under this item shall include installing a new fire hydrant assembly in accord with City of Newport Beach STD - 500 -L, including but not limited to fire hydrant, fire hydrant bury, valve, valve box and cast Iron traffic cover, valve extension, removal and replacement of existing sidewalk per CNB STD -180 -L and all other work items as required to complete the work in place. 0 • SP 12 OF 18 Item No. 14 Install new 6" VCP Sewer Cleanout : Work under this item shall include installing a 6 -inch VCP Sewer Cleanout in accordance with the City of Newport Beach STD -406 -L including, but not limited to, removing pavement, excavation, temporary patching or plating, controlling ground and surface water, backfill, compaction, disposing of excess excavated materials, and all other work items as required to complete the work in place. Item No. 15 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. Item No. 16 Temporary Water Main Bypass: Work under this item shall include but not be limited to installation and removal of a temporary water main bypass, connextion to house services, restraining of temporary piping, and all other work necessary to install and remove temporary water main bypass complete and in place. A bypass plan shall be approved by the engineer prior to installation of bypassing. Item No. 17 Trench Resurfacing: Work under this item shall include trench resurfacing of water mains and services per applicable portions of City of Newport Beach STD 105 -L -B and trench detail on Sheet 6 of the plans, including but not limited to backfill, bedding, compaction, importing base material, placing permanent AC Pavement, and all other work necessary to construct trench resurfacing complete and in place. Final paving shall be present prior to contractor moving between phases. A smooth riding :surface (no lip at trench edge) shall be present for skateboarders, rollerbladers, bikers, etc. Paving structural section per Sheet 7 of plans. Item No. 18 Traffic Striping: Work under this item shall include installing traffic striping, pavement markers, and all other work items as required to complete the work in place. Item No. 19 Provide As -Built Drawings: Work under this item shall include all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the engineer prior to request for pay. 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." 0 • SP 13 OF 18 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." SECTION 207 -- -PIPE 207 -9 IRON PIPE AND FITTINGS 207 -9.2 Ductile Iron Pipe for Water and Other Liquids 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 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." • • SP 14 OF 18 207 -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 B16.5 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." 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." C' J PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials C� SP 15 OF 18 Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: http: / /www. city. newport - beach.ca.us /GSVIFrachised Haulers.htm." 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." Replace the words "l /2 inch" of the last sentence with the words "two (2) inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. 1] SP 16 OF 18 SECTION 302 - -- ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section: `The asphalt concrete (A.C.) used for surface caps shall be III -C3 -AR -4000. The A.C. for base course shall be III -B2 -AR -4000. All cracks '/4 -inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot - applied crack sealant approved by the Engineer. In residential areas no highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top 1-Y2 inches of asphalt shall be placed in a separate lift. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted 95% minimum with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302 -5.4 Tack Coat. Add to this section: "Prior to placing the asphalt concrete patches, a tack coat of Type SS -1h asphaltic emulsion at a rate not to exceed one — tenth (1 /10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 302 -6.6 Curing. Add to this section: `The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201 -1.1 -2 of the Standard Specifications. Said strength may be attained =more rapidly, to meet the time constraints in Section 6 -7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 303 -5.4 Joints 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 SP 17 OF 18 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" or "W" for sewer or water 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 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.6 Preparation of Existing Surfaces. Modify and amend this section to read: "The Contractor shall remove all existing thermoplastic traffic striping and pavement markings prior to application of slurry seal by a method approved by the Engineer." 310 -5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: "The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 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. SP 18 OF 18 Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.45 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re- install "NO PARKING, TOW- AWAY" signs and re- notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes /covers /damages existing striping and/or raised pavement markers outside of the work area, he shall re- stripelreplace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." SECTION 312 - -- PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT. Amend this section with: "1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD - 902 -L. 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry." PART 4 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." I: \Users\PBW\Shared \Contracts \FY 08 -09 \Oceanfront Alley Water Main Replacement C- 400ASPECS C4007.doc . t CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 7 November 12, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Patrick Arciniega 949 - 6443347 or parciniega @city.newport- beach.ca.us SUBJECT: WEST OCEANFRONT ALLEY WATER MAIN REPLACEMENT PROJECT— le STREET TO MCFADDEN SQUARE - AWARD OF CONTRACT NO. 4007 Recommendations: Approve the project plans and specifications. 2. Award Contract No. 4007 to John T. Malloy Inc. for the Total Bid Price of $629,580.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $62,958.00 (10 %) to cover the cost of unforeseen work. DISCUSSION: At 10:00 a.m. on October 30, 2008, the City Clerk opened and read the following bids for this project: TOTAL BID AMOU $629,580.00 $658,950.00 $669,000.00 $791,480.00 $893,345.00 $928,400.00 $1,110,000.00 $1,113,400.00 $1,196,228.00 $1,202,520.00 $1,308,475.00 $5,447,100.00 " Corrected Bid Amount The low total bid amount is 17.2% percent below the Engineer's Estimate of $760,000.00. Because of the downturn in the construction industry, contractor pricing is becoming very aggressive as reflected in the low bid price. Contractors have stated that they are building these jogs at cost to keep their crews busy. The low bidder, John T. Malloy, Inc., possesses a California State Contractors License Classification A as required by the project specifications. A check of the Contractors references indicates they have satisfactorily completed similar projects for other municipalities including several projects for the City of Newport Beach. BIDDER Low John T. Malloy, Inc. 2 GCI Construction 3 Atlas- Allied Inc. 4 Boudreau Pipeline Const. 5 West Valley Const. Co. 6 Garcia Juarez Const. Inc. 7 J. De Sidio Const. Inc. 8 Ken Thompson Inc. 9 Cedro Const. Inc. 10 Steve Bubalo Const. 11 Ross A. Guy & Sons Inc. 12 Southern CA Pipeline TOTAL BID AMOU $629,580.00 $658,950.00 $669,000.00 $791,480.00 $893,345.00 $928,400.00 $1,110,000.00 $1,113,400.00 $1,196,228.00 $1,202,520.00 $1,308,475.00 $5,447,100.00 " Corrected Bid Amount The low total bid amount is 17.2% percent below the Engineer's Estimate of $760,000.00. Because of the downturn in the construction industry, contractor pricing is becoming very aggressive as reflected in the low bid price. Contractors have stated that they are building these jogs at cost to keep their crews busy. The low bidder, John T. Malloy, Inc., possesses a California State Contractors License Classification A as required by the project specifications. A check of the Contractors references indicates they have satisfactorily completed similar projects for other municipalities including several projects for the City of Newport Beach. W. Ocean Front Alley Water Main Replacement —Award of contract No. 4007 November 12, 2008 Page: 2 On September 23, 2008 Underground Utilities District Assessment District (AD) 99 -2 was approved by property owners to underground the overhead utility lines in this W. Ocean Front Alley. This water main project was designed, scheduled and bid contingent on the passing of AD 99 -2. The City's Capital Improvement Program coordinates renovation, maintenance and upgrading of the water and sewer utilities and alley repaving with the timing of the assessment districts whenever possible. This allows the City to maximize the amount of utility work done in these alleys while minimizing the impact to the homeowners. Pursuant to the Contract Specifications, the Contractor will have 60 consecutive working days to complete the work from the Notice to Proceed. Environmental Review: This project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 of the CEQA Implementing Guidelines. This exemption covers the infill developments within urbanized areas. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work, two City prepared notices will be distributed by the contractor to both residents and businesses. The first notice will be distributed ten days before work in the area and the second notice 48 hours prior to starting work in the area. Geotechnical. Material Testing and Survey Services: Geotechnical, material testing, and survey services are included within the construction contract and will not be required for this project. Funding Availability: There are sufficient funds available in the following account for the project: Account Description Water Enterprise Sewer Main Replacement Proposed uses are as follows: Vendor John T. Malloy Contracting John T. Malloy Contracting Prepared by: Patrick Arciniegfi Senior Civil Engineer Attachments: Project Location Map Account Number Amount 7501 - 06002000 $ 592,538.00 7531- C7002000 $ 100,000.00 Total: $ 692,538.00 Purpose Amount Construction Contract $ 629,580.00 Construction Contingency $ 62,958.00 Total: $ 692,538.00 Submitted Works Director I ON rjnONMaCV 'V - *aiW," dm NOUVOO'l . ................... ---------- — ---- -- ... ........ Ilk -4 -'It - "L J I F1 L �3HG Wl�--Lo LLJ WIN !8W-41 1 "im I L------------ r 11