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C-2364 - Water Main Replacement 1982-83
January 3, 1984 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK 17141640 -2251 Forester Construction 5439 Cerritos Drive Orange, CA 92666 Subject: Surety: Fidelity & Deposit Co. of Maryland Bonds No.: 9568846 Project: Water Main Replacement Prog 1982 -83 Contract No.: C -2364 The City Council on November 28, 1983 accepted the work of subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice has been recorded. The Notice was recorded with the Orange County Recorder on December 5, 1983, Reference No. 83- 553898. Please notify your surety company that the bonds may be released 35 days after this recording date. Sincerely, Wanda E. Andersen City Clerk WEA:lr cc: Public Works City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 J J RECORDING REQUESTED ANM I Li0. a P s n c�ae t GE�y clerk RECORDETIN OFFICIAL t R� E City of Newpae-k Beach OF ORANGE COUNty. CAIiFOR j A 3300 Newport INW. 83-553898 P.O. Box 1768 '1?o PM DEC 5'83 NewPoletQcam, CA 92M?,3184 NOTICF. OF COMPLETION UE A. B ecorAa NO Ci N "a" TI1f PUBLIC WORKS car ® SL �'' LF ro C13 F CijO h I o All Laborers and Material Men and to Every Other Person Inter d. 07, 19034 YOU WILL PLEASE TAKE NOTICE that on November 28 1 \1983 fj the Public Works project consisting of Water Main Replacement Progral'19$2 -8 - 23; on which Forester Construction, 5439 Cerritos Dr., Orange, CA 92666 was the contractor, and Fidelity & Deposit Co. of Maryland. 1 Wilshire Blvd., L.A., CA was the surety, was completed. 90010 VERIFICATION I, the undersigned, say: CITY OF NEWPORTfBFACH Publi Works Director I am the Public Works Director of the City of Newport Beach; the foregoing Notice of Completion is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on November 29, 1983 at Newport Beach, California. Publi Works Director VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Newport Beach; the City Council of said City on November 28. 1983 accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on November 29, 1983 at Newport Beach, California. AL& City Clerk 0 November 30, 1983 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714) 640 -2251 Lee A. Branch County Recorder P.O. Box 238 Santa Ana, CA 92702 Dear Mr. Branch: Attached for recordation is Notice of Completion of Public Works project consisting of Water Main Replacement Program for 1982 -83, Contract No. 2364 on which Forester Construction was the.Contractor and Fidelity S Deposit Co. of Maryland was the Surety. Please record and return to us. Sincerely, p 4 r� G• Wanda E. Andersen City Clerk WEA -.lr attachment cc: Public Works City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 BY THE CITY COUNCIL CITY OF NEWPORT BEACH Nov 2 81983 APPROVED TO: CITY COUNCIL FROM: Public Works Department • (DI `5� November 28, 1983 CITY COUNCIL AGENDA ITEM NO. F -15 SUBJECT: ACCEPTANCE OF WATER MAIN REPLACEMENT PROGRAM 1982 -83 (C -2364) RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after Notice of Completion has been filed. DISCUSSION: The contract for the construction of the 1982 -83 Water Main Replace- ment Program has been completed to the satisfaction of the Public Works Depart- ment. The bid price was $106,800.00 Amount of unit price items constructed $106,377.00 Amount of change orders 6,856.79 Total contract cost $113,656.79 Funds were budgeted in the Water Fund. Three change orders were issued. The first, in the amount of $5,360.89, provided for rerouting of the 16 -inch main in Fifth and Goldenrod to avoid the existing 18 -inch main and 8 -inch sewer. The second, in the amount of $906.96, provided for rerouting of the 8 -inch main to avoid the existing CATV and gas lines. The third, in the amount of $588.94, provided for crew delay expenses and dewatering the excavation flooded as a result of an inadequately closed existing valve. The design engineering was performed by the Public Works Department. The contractor is Forster Construction of Orange. The contract date of completion was August 15, 1983. The work was completed by August 1, 1983. Benjamin B. Nolan Public Works Director GPD:jd NEW OF STOP STOP NOTICE s FORreE NOTICE TO WITHHOLD TO HOLDER OF FUNDS ,� S�rP l sf Rcy h C/C f 1983" J CITY OF NEWPORT BEACH (Name of owner, construction lender or public officer) 3300 Newport Boulevard, Newport Beach, CA 92660 HOLDER OF FUNDS. (Address of owner or construction lender) YOU ARE HEREBY NOTIFIED THAT the undersigned claimant, J. M. CAPELLINO TRUCKING CO. 2120 Traynor Avenue, Placentia CA 92670 (Name and address) has furnished or has agreed to furnish material & freight (labor, services, equipment, materials) of the following kind sand, a trucking (general description of labor, services, equipment or materials) to or forFORSTER CONSTRUCTION , for the work improvement, located at, or known as: (name of person to or for whom furnished) 5th b Wahl ja b varinuc lnrationc Nawpnrt RParh, f.A Contract 1l99F,G , (address, legal description, description of site or project identification) The amount in value of the whole agreed to be done or furnished by claimant is $3,306.51 The amount in value of that already done or furnished by claimant Is $3,'Inh 51 Claimant has been paid the sum of $ '0_ , and there remains due and unpaid the sum of $ 3.306.51 plus interest thereon at the rate of legal per cent per annum from August 31 19_A3 YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST. Dated:_ 7 STATE OF CALIFORNIA COUNTY OF ss. J. M. ELLIN0 TRU G CO by: !i -Name Claimant 2120 Traynor Avenue, Placentia, CA 9267 Address of Claimant 1 _ , being duly sworn, deposes and says: That the is the persons) who s gned the foregoing Stop Notice; that _he has read the same and knows the contents thereof to be true of ll. 5_ own knowledge, except as to any matters or things that may therein be stated on hl;, information and belief and as to those matters and things _he believes them to be true. Subscribed and sworn to before me o r)cF1r1AL SEAL ERG this day of n 19 MR EN C MOBERG C, o NOTARY PUBLIC - CALIFORNIA I� ORANGE COUNTY Notary Public and in and for said State -- ; Sly comm. expires SEP -5, 1986 1ha mMndard form ooverm mast uamel pmblemm m the Feld Indkvted. Before you j.S I rind 4 � an all btam6, STOP NOTICE and make ehamym prove, W yomr hauactlen. Commit a lawyer u yw doubt the form m ameam for Your purpmme. WOLCOT S FORM SQ4 Rev. 3 -73 CITY OF NEWPORT BEACH P.U. BOX 1768, NE \\'PORT BEACH, CA 92063 -3884 OFFICE OF THE CITY CLERK (714) 640 -2251 TO: FINANCE DIRECTOR PUBLIC WORKS FROM: CITY CLERK DATE: June 3, 1983 SUBJECT: Contract No. C -2364 Description of Contract Water Main Replacement Program Effective date of Contract June 3, 1983 Authorized by Minute Action, approved on May 23, 1983 Contract with Forester Construction Address 5439 Cerritos Drive Orange, CA 92666 Amount of Contract Wanda E. E. Andersen City Clerk WEA:lr attach. 11 3300 Newport Boulevard, Newport Beach r� U 0 O T = 0 .a (D i"o c v sm J•B (D 7 T T J T 7c :5 < = (D o T o h T 'G v r+ m C. O 3 d 7 O Q �< J (D !D J T T rr n v 1-r o 3 rD D o o J N (p ti CD -�• C S 3 T N (D V d CD n T !) s warn 7 G J w• (n CD J O o N W 3 c+ V v - o r+ 0 o , , -% T J. S M (T n J Q J (} J. ID 3 N �\ rD A 0 v J. o v 7 T O � 10 T v o 0 �n M m z- r� U 0 June 3, 1983 TO: CITY CLERK FROM: Public Works Department SUBJECT: 4JATER MAIN REPLACEMENT PROGRAM, C -2364 Attached are four cop. of the subject contract documents. Please have execute behalf of the City, retain your copy and the insurance certificates, and return the remaining copies to our department. Stephen J. Luy Project Engineer SJL:em Att: NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 11:00 A.M. on the 29th day of April 1983, at which time such bids shall be opened and read for WATER MAIN REPLACEMENT PROGRAM Title of Project 2364 Contract No. Engineer's Estimate Alternative "A ", $133,000 . ... Approved by the City Council this 11th day of April 1983 Wanda E. Andersen City Clerk CITY CLERK Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663. For further information, call Stephen Luy at 640 -2281. Project Engineer • • PR la CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL WATER MAIN REPLACEMENT PROGRAM 1982 -83 CONTRACT NO. 2364 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P. 0. Box 1768 Newport Beach, CA 92663 -3884 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete this Contract 2364 in accordance with the Plans and Special Provisions, and will take in full payment therefor the following unit price for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Abandon existing water mains and valves @ Nine Hundred Dollars and No Cents $ 900.00 Lump Sum 2. 2 Remove existing and replace with Each new fire hydrant assembly @ One Thousand Three Hundred Dollars and No Cents $ 1,300.00 $ 2,600.00 Each 3. 9 Install 6" butterfly valve Each @ Three Hundred Twenty -Five Dollars and No Cents $ 325.00 $ 2,925.00 Each 4. 1 Install 8" butterfly valve Each @ Four Hundred Forty -Five Dollars and No Cents $ 445.00 $ 445.00 Each PR lb ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 5. 1 Install V service from meter to service station Each @ Nine Hundred Thirty Dollars and No Cents $ 930.00 $ 930.00 Each 6. 1 Install 12" butterfly valve Each @ One Thousand Two Hundred Dollars and No Cents $ 1,200.00 $ 1,200.00 Each 7. 2 Install 12" X 8" tapping sleeve and Each valve @ Two Thousand Nine Hundred Fifty Dollars and Nn Cents $ 2,950.00 $ 5,900.00 Each 8. 30 Reconnect existing 3/4" and 1" service Each @ Two Hundred Twenty Dollars and 11 Cents $ 220.00 $ 6,600.00 Each 9. 1 Install 2" service to join existing Each @ One Thousand Nine Hundred Dollars and No Cents $ 1,900.00 $ 1,900.00 Each 10. 1 Connect existing fire hydrant to new Each water main including a new valve @ One Thousand Two Hundred Fifty Dollars and Na Cents $ 1,250.00 $ 1,250.00 Each 11. 1 Install 18" X 16" tapping sleeve and Each valve @ Five Thousand Two Hundred Dollars and No Cents $ 5,200.00 $ 5,200.00 Each • PR 1c ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 12. 1 Install air and vacuum release valve Each @ One Thousand Six Hundred Eighty Dollars and No Cents $ 1,680.00 $ 1,680.00 TOTAL PRICE WRITTEN IN WORDS (SUBTOTAL ITEMS 1 -12) Thirty -One Thousand Five Hundred Thirty Dollars and No Cents $ 31,530.00 ALTERNATIVE "A" (A.C. Pipe) 1 - 12 N/A Subtotal Items 1 -12 Thirty @ Thirty -One Thousand Five Hundred/ Dollars and No Cents $ 31,530.00 13A 1,950 Install 6" A.C.P. water Main with trench Linear resurfacing (alternative "A ") Feet @ Nineteen Dollars and No Cents $ 19.00 $ 37,050.00 Per Linear Foot 14A 1,050 Install 8" A.C.P. Water main with trench Linear resurfacing (Alternative "A ") Feet @ Twenty -Two Dollars and No Cents $ 22.00 $ 23,100.00 Per Linear Foot 15A 360 Install 16" A.C.P. water main with trench Linear resurfacing (Alternative "A ") Feet @ Forty-Two Dollars and No Cents $ 42.00 $ 15,120.00 Per Linear Foot TOTAL PRICE WRITTEN IN WORDS (ALTERNATIVE "A ") One Hundred Six Thousand Eight Hundred Dollars and No Cents $ 106,800.00 E ALTERNATIVE "B" (Ductile Iron Pipe) • PR Id ITEM NO. QUANTITY AND UNIT ITEM DESCRIPTION UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 1 -12 ubtotal Items 1 -12 Dollars \N/A and Cents 13 B stall 6" ductile iron pipe water main Linear wi trench resurfacing (Alternative "B ") Feet / @ DolIarg' a Id 6 ,6nts $ $ 14 B 1,050 Linear Feet rer Linear root\ Install 8" ductil with trench recur n ron pipe water main lijg (Alternative "B ") Dollars and Cents rer Linear root 15 B 360 Install 16" ductile iron pipe water in Linear with trench resurfacing (Alternative ' Feet @ Dolla and Cents - Per Linear Foot TOTAL PRICE WRITTEN IN WORDS (ALTERNATIVE "B ") Dollars and s' Cents .............. ............................... 435117 A Contractor's Lic. No. & Classification 1 29, 1983 to 639 -8342 Bidder's Telephone No. Forster Construction Bidder S /Gerald M. Forster, Owner Authorized Signature /Title 5439 Cerritos Drive Orange, CA 92666 iaaer's Haaress • • INSTRUCTIONS TO BIDDERS Page 2 The attached bid documents shall be completed, executed and received by the City Clerk in accordance with the NOTICE INVITING BIDS: Page 1 PROPOSAL 2 INSTRUCTIONS TO BIDDERS " 3 DESIGNATION OF SUBCONTRACTOR(S) 4 BIDDER'S BOND (sum not less than 10% of total bid price for contract, based on Alternative "A" or "B ", whichever is larger.) 5 NON- COLLUSION AFFIDAVIT 6 STATEMENT OF FINANCIAL RESPONSIBILITY 7 TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's check (sum not less that 10% of the total bid price for contract, based on Alternative "A" or "B ", whichever is larger) 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 bid. Bids shall not be received from bidders who are not licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The low bidder shall also possess a City of Newport Beach business license prior to exe- cution of contract. Bids are to be computed upon the 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 or omissions in the PROPOSAL. Quantities indicated in the PROPOSAL are approximate and given solely to allow the comparison of total bid prices. Contract documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of the President or Vice President. For partnerships, the signatures shall be of a general partner. For sole owners F p, the signature shall be of the owner. In accordance with the California Labor Code (Sections 1770 et seq.), the Di- rector of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code re- lating to prevailing wage rates (Sections 1770 -7981 inclusive). The Contractor shall be responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. The City of Newoort Beach reserves the right to award contract Alternative "A" or "B". 435117 A Contractor's Lic. No. & Classification 4 -29 -83 Date Forster Construction SJGerald M. Forster, Owner Authorized Signature /Title • . Page 3 DESIGNATION OF SUBCONTRACTORS) The undersigned certifies that he has used bid(s) of the following listed subcontractor(s) in making up his bid,and that the subcontractor(s) listed will be used for the work for which they bid, subject to the approval of the Engineer and in accordance with the applicable provisions of the Specifications. No change of subcontractor may be made except with the prior approval of the Engineer and as provided by State law. Item of Work Subcontractor Address 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Forster Construction Bidder S /Gerald M. Forster, Owner Authorized Signature /Title ORIGINAL SEE CITY_ CLERK'S FI *OPY Page 4 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, Forster Construction, 5439 East Cerritos, Orange, CA as bidder, and Fidelity and Deposit Company of Maryland , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten Percent (10 %) of the Total Amount of the Bid Dollars ($-- 10 % - -- ) lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of watermain rap ment orogram various locations CC 2364 Title o Project Contract No. in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) from the date of the mailing of a notice to the above bounden bidder by and from said City that said contract is ready for execution, then this obligation shall become null and void; otherwise it is and shall remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event that any bidder above named executed this bond as an indi- vidual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 29th day of April , 1983. Forster Construction (Attach acknowledgement of Attorney -in -Fact) S /Gerald M. Forster, Owner S /Martha J. Chase Authorized Signature /Title Notary Public Fidelity and Deposit Company of Maryland Commission expires 4 -9 -85 Surety By S /Douglas H. Judson Title Attorney -in -fact • Page 5 NON - COLLUSION AFFIDAVIT The bidder, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths, say that neither they nor any of them have, in any way, directly or indirectly, entered into any arrange- ment or agreement with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever; or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the bidder from con- sidering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be sug- gested, offered, paid or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomso- ever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Subscribed and sworn to before me this 29th day of April 1983 . My commission expires: Dec. 15, 1986 Forster Construction er S /Gerald M. Forster, Owner Authorized Signature /Title S /Douglas H. Judson Notary Public FOR O & NAL SEE CITY CLERh'S FILE COP. Page 6 STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a statement of his financial responsibility or agrees to submit a statement within 1 work day after the bid opening if the undersigned is the apparent low bidder. On file with City Clerk Forster Construction Bidder S /Gerald M. Forster Authorized Signature /Title • Page 7 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No Formerly owned Stevenson - Forster Construction Inc Retired last 41 years Mission ViejQ Company Chuck Clary 837-6050 William Lesion Co Ann Pirrhasing 833-3600 Forster Construction Bidder S1G era ld M. Forster Owner Authorized Signature /Title • • Page 8 NOTICE The following are samples of contract documents which shall be completed and executed by the successful bidder after he receives a letter of award from the City of Newport Beach: PAYMENT BOND (pages 9 & 10) FAITHFUL PERFORMANCE BOND (pages 11 & 12) CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 13, 14, 15) CONTRACT (pages 16 & 17) Since 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 sub- mission of bid. BONDING COMPANIES shall be acceptable as sureties in accordance with the latest revision of Federal Register Circular 570. INSURANCE COMPANIES shall be assigned Policyholders' Rating B (or.higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Ke Vin? Guide: Property - Casualty. Coverages shall be provided for a TYPES OF INSURANCE checked on the CERTIFICATE OF INSURANCE. All costs associated with the specifications of these contract documents shall be absorbed in the bid. Such specifications shall include those contained in (1) each contract document and (2) the Standard Specifications for Public Works Construction.(latest edi- tion adopted for use in the City of Newport Beach), except as supplemented or modified by the Special Provisions for this project. • . Page 9 Bond No. 9568846 PAYMENT BOND Executed in Four Copies "The Premium charged for this Bond is included In that shown KNOW ALL MEN BY THESE PRESENTS, That on the Performance Boud." WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted May 23, 1983 has awarded to Forster Construction Company hereinafter designated as the "Principal ", a contract for Water Main Replacement Prooram C -2364 in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his or its subcontractors, shall fail to pay for any materials, provisions, provender, or other supplies or teams used in, upon, for, or about the per- formance 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 Forster Construction as Principal, and Fidelity and Daipocit Company of MAryland as Surety, are held firmly bound unto the City of Newport Beach, in the sum of said sum being one -half 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 presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or his subcontractors, fail to pay for any materials, provisions, provender, or other supplies or teams, 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, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the 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. This 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 I • Payment Bond (Continued) • Page 10 this bond, as required by the Provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And said 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 Principal and Surety above named, on the 27 day of May , 19 83 Seal) r (Prin gnature and Tl"e Authorized Signature and Title Fidelity and Deposit Company of Mary),, -al) Name of Surety One Wilshire Blvd. Los Angeles, CA 90017 Add of t 7ed as t fo Signaur -&nd - itle of Authorized Agent Douglas H. Judson, Attorney -in -Fact Corroon & Black Insurance services' Address of Agent City Attorney 3600 Wilshire Blvd, suite 1100 Los Angeles, CA 90010 Telephone No. of Agent (213) 366 -2360 N m .vi 'fl N G � H C O r� W ma U w w O O w G t1 ) 0 O cn U v, U T C N N C O N ,i O T, Kc > Y C Q ♦1 N G N 0 -C w 0 + N N Y l 07 b Q) U N 0 a 6 N ro h w ro ,4 N W • .., w b N W rt � >. 0 w 7 E a N ro v O N C N C w N > Q1 C A "i roY N w RJ b C w N N w O 0 A Sa w .i N Q1 0 O ro U a v A ro A ro E .4 a N N .>1 +01 pN m G N N U N >+ O > .0 m 0 0 'w N W 04 C Oa N a E u o m 7 ro m o Y rg� v v o 0 Xo >, 3 O H Y ro � C w 3 O N O O N p 2 C O N X 0 N 01 ? w 0 E C O C N N C w U U r' S4 O N ro N w w N A W ro O A CL H N u N L N ro c ro w N Sr 7 N N 0 w N Si O X Er U Page 11 1 FAITHFUL PERFORMANCE BOND bona Mo. iSGa�6 Executed in Four Co; !ee Pr�rtun: 51,2ea.t.;7 KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted may 73, 1981 has awarded to Forster tmStrue-tian C oany hereinafter designated as the "Principal ", a contract for Water Main Replace wt in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, .1::_- struction as Principal, and ? v; - ;ir. ro.., an , as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of Dne Lu::t_ru.i Sir: Thousanc kA. -ht `tun <:re - and ..10/100-- Dollars ($i. , said sum being equal to 100% of the estimated amount of the contract, to be paid to the said City or its certain attorney, 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 presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, con- ditions, and agreements in the said contract and any alteration thereof made as therein provided on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. And said 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 to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice • Page 12 Faithful Performance Bond (Continued) 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 Principal and Surety above named, on the 27 day of :lay 1983 k Porstor Cosirtruction (Seal) Name of Contractor Pr Authorized Signature and Title Authorized Signature and Title ngLylA't�eal) Name of Surety LDS liniya.•3;:. . J_17 Address of Surety Signature an itl�thorized Agent iuylas J:1: Attorney- in -eaot corroon L Nlac: Insurrince 5arv:coc 3600 wilathire ulvu., suite 11uc: ?4,��e�9Q�Pt sab'S1� (213) 386 -536!` Telephone No. of Agent k� t� f� § � \ \ § \i� .ZNM | & ! / ) � -: rt &0MM & /)7»»3 m ;r /�2 rt &WR(D / M �h } w00 ; \J 2//7 J :r o « /gym (D (D / /r0 It. w { ft ft En , 2 ! (�( ,� (D [ rt / } \\ 0 : rt 11 rt &/ & rt &WR(D /`x ) & 0 2//7 /gym /a i[, w ft ft En w , (D rt /[ 0 : o fD rt 0 { \, • Power of Attorney • FIDELITY AND DEPOSIT COMPANY OF MARYLAND NOME OFFIC& BALTIMORE, MD. KNOW ALL MEN By THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, by C, M. PECOT, JR. d C. W. ROBBINS esident, and n Vice- P Assistant Secretary, in pursuance of authority granted by Article -Pr Section n of the By -Laws of said Com pany, which reads as follows: SEC. 2. The President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially author- ized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secre- tary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages require, and to affix the seal f the Company thereto. does other instruments and documents which the business of the Com- pany hereby nominate, constitute and appoint Douglas H. Judson Of Los Angeles, Cali£orrLiad.. Ids true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: aDy and all bonds and undertakings...,.... And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice- President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this. - .... nth... °--....... ...day of ...................... °Aulg4e -t.... ---- - °--- A.D. 19..74.... oO FIDELITY AND DEPOSIT COMPANY OF MARYLAND a n ATTEST: SALT n - .... Ass{sfanl Setretar - -- - - - - -- STATE F MARYLAND ` y Fite- Plerfdenl CITY OF BALTIMORE J SS' On this 9th day of August Maryland, in and for the City of Baltimoe,, duul commissioned and qualified, before ame the above- named - Presudent and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. Is TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and year first above written. y� MOT..r�O ��((/ /////��_• �� ± Notary Public ommissi ires_Jlz�y- .1.,,.. 92 o +' CERTIFICATE 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, the Board of Directors is in full force and effect on the date of this certificate; and I cially authorized b do further certify that the Vice-president who executed the said Power of Attorney was one of the additional Vice - Presidents spe- }}'' to appoint any Attorney -in -Fact as provided in Article VI, Section 2 of the By -Laws of the FIDELITY AND DEPOSTT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY of MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: 'That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be- valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREoF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this ........... ...._....._27...... -- --- ...........day oL._ MaX ....... _ .................._. _. .. .........., 1983_... LI423Ctt.—IM, 2-79 207420 .- ----------- Assitfant CERTIFICATE OF INSURANCE• or condition ld any contract or other document with respect to which the �T11is mn{fimtt is issued as a matter of informati y and confers no rights upon the certificate holder. certificate or does not emend• ith re or alter the cowr- Thi afforded by the policies listed below. Notw andln9 any requirement, term, certificate r h issued, the insurance afforded by the policies listed on the certifimte is subject to all the terms of such policies. MAE AND ADDRESS OF AGENCY Arv&tsw and Anderson � a C 2495 CAMPUS DRIVE IRVINE, CA. 92715 (714) 752 -2255 John L. Meek Construction CO-I, Inc. 1032 West "C" St. Wilmington, California 90744 COMPANIES AFFORDING COVERAGES L�f<� A Pacific Marine Insurance Co. LE TMR B COMPANY ■ - LETTER V COMPANY D LETTER COEIPANY E LETTER This is to certify that policies of insurance listed below have been issued to the insured named above andd are in fY force atltth�is time. AGGREGATE POLICY COMPANY TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE LETTER COAEPR 'HE NSNE FORM PREMKES- -0PERATIONS EXPLOSION AND COLUPSE HAZARD UNDERGROUND HAZARD PRODUCT OPERATIONS �2�ER0 CONTRACTUAL INSURANCE BROAD FORM PROPERTY DAMAGE INDEPENDENT CONTRACTORS I PERSONAL INJURY BODILY INJURY I s I I PROpERTYOAMAGE I s I S BODILY INJURY AND I PROPERTY DAMAGE S COMBINED PERSONAL INJURY I I RIPTION OF OPERATIONYLUGwlwna..c..... Re: Newport & Balboa Ocean Piers Miscellaneous Repairs - Contract #2366 MCity hould any of the above described days policies beTcancelled etD the below palmed certificate rholdere$iS$�1F1f��F�F any will @Rb§1W xxaxtiaastotice to qhe Belo 4xliDmedtH F ND ADDRESS OE CEPTIFICATE HOLDER ApY1Br 1983 DATE ISSUED. Ne Newport Beach 300 Newport Blvd. Newport Beach, CA 92663 AUTNURIZED REPRESENTATIVE Attn: Gilbert to Charles R. Fosdick /ndt BODILY INJURY I BILE LIABILITY IE.cNxNJURI I HENSIVE FORM BODILY INJURY IEACN OCCURRENCE) PROPERTY DAMAGE VEXCESS BODILY INJURY AND I pROPEATV DAMAGE NED COMBINED LIABILITY BODILY INJURY AND I PROPERTY DAMAGE s ❑ UMBRELLA FORM COMBINED ❑ OTHER THAN UMBRELLA FORM STATUTORY WORK ERS'COMPENSATION 82 MC 00040 (USL&H) 5 -8 -83 A and WC1 100E Eeh EMPLOYERS' LIABILITY OTHER RIPTION OF OPERATIONYLUGwlwna..c..... Re: Newport & Balboa Ocean Piers Miscellaneous Repairs - Contract #2366 MCity hould any of the above described days policies beTcancelled etD the below palmed certificate rholdere$iS$�1F1f��F�F any will @Rb§1W xxaxtiaastotice to qhe Belo 4xliDmedtH F ND ADDRESS OE CEPTIFICATE HOLDER ApY1Br 1983 DATE ISSUED. Ne Newport Beach 300 Newport Blvd. Newport Beach, CA 92663 AUTNURIZED REPRESENTATIVE Attn: Gilbert to Charles R. Fosdick /ndt City-of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NAME AND ADDRESS OF INSURED CERTIFICATE OF INSURANCE a Page 13 CONS'PRUCTION SURANCE COMPANIES AFFORDING COVERAGES Company A Letttery A ROME INSURANCE CO. Company B Letter Company C Letter Company D Letter Company E Letter Y This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time, including attached endorsement(s). NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. CANCELLATION: Should any of the above described policies be cancelled or coverage reduced before the expiration date thereof, the•Insurance Company affording coverage shall provide 30 days' advance notice to the City of Newport Beach by registered mail, attention: Public Works Department. By: Agency: AGENCY BONDING, INC. uthorizea Representative 5 -26 -83 Date Issued Description of operations /locations /vehicles: All operations performed for the City of Newport Beach by or on behalf of the named insured in connection with the following designated contract: I :A.ER ?,LAIN REPLACEMENT PROGRAM - T Project Title and Contract Number NOTICE: This certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwith- standing any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies, including attached endorsements. EE Policy LIMITS OF LIABILITY IN THOUSANDS 000 COMPANY TYPES OF INSURANCE Policy Exp. Ag.Products LETTER COVERAGE REQUIRED No. Date Each Completed Occurrence Operations GENERAL LIABILITY x Comprehensive Form Bodily Injury $ $ x Premises - Operations Property Damage $ $ x Explosion & Collapse Hazard x Underground Hazard x Products /Completed Operations Bodily Injury Hazard and Property A x Contractual Insurance x Broad Form Property.Oamage x Independent Contractors x Personal Injury CCP 208 942 2 -1 -86 Damage Combined $1,000 $i,00C Marine Personal Injury $ Aviation A AUTOMOTIVE LIABILITY ❑x Comprehensive Form BA2 2 -1 -84 Bodily Injury (Each Person ) $ ❑x Owned 900 886 $ Bo t y Injury (Each Occurrence) ❑x Hired Property Uama e ❑x Non -owned Bodily Injury and Property Damage Combined $1;000 EXCESS LIABILITY ❑ Umbrella Form Bodily Injury ❑ Other than Umbrella Form and Property Damage Combined $ $ A WORKERS' COMPENSATION and EMPLOYER'S LIABILITY P19CI 089 3 -29 -8 Statutory 100 ac Accident)' NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. CANCELLATION: Should any of the above described policies be cancelled or coverage reduced before the expiration date thereof, the•Insurance Company affording coverage shall provide 30 days' advance notice to the City of Newport Beach by registered mail, attention: Public Works Department. By: Agency: AGENCY BONDING, INC. uthorizea Representative 5 -26 -83 Date Issued Description of operations /locations /vehicles: All operations performed for the City of Newport Beach by or on behalf of the named insured in connection with the following designated contract: I :A.ER ?,LAIN REPLACEMENT PROGRAM - T Project Title and Contract Number NOTICE: This certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwith- standing any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies, including attached endorsements. EE 0 • Page 14 CITY OF NEWPORT BEACH AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for Bodily Injury and Property Damage Liability, the City of Newport Beach, its officers and employees are additional insureds but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded the additional named insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The limits of liability under this endorsement for the additional insureds named in paragraph 1 of this endorsement shall be the limits indicated below for either Multi- ple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability $ each occurrence Property Damage Liability $ each occurrence (XX) Single Limit Bodily Injury Liability $ 7.,000,000, each occurrence and Property Damage Liability Combined The limits of liability as stated in paragraph 3 of this endorsement shall not in- crease the total liability of the Insurance Company for all damages as the result of any one accident or occurrence in excess of the limits of Liability stated in the policy as applicable to Automobile Liability Insurance. 4. Should the policy be cancelled or coverage reduced before the expiration date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 5. Designated Contract: WATER MAIN REPLACEMENT PROGRAM— CONTRACT #2364 Project Title and Contract No.). This endorsement is effective 5 -26 -83 at 12:01 A.M. and forms a part of Policy No. BA2 900 886. Named Insured FORSTER CONSTRUCTION Endorsement No. 2 Name of Insurance Company HOME By Au�norizeo Representative, It is agreed that: • CITY OF NEWPORT BEACH • COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT Page 15 1. With respect to such insurance as is afforded by the policy for Comprehensive General Liability, the City of Newport Beach, its officers and employees are additional in- sureds but only with respect to liability arising out of operations performed by or on behalf the named insured in connection with the contract designated below or acts and omissions of the City of Newport Beach in connection with its general supervision of such operations. The insurance afforded said additional insured shall apply as primary insurance and no other insurance maintained by the City of Newport Beach will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision con- tained in the written contract, designated below, between the named insured and the City of Newport Beach. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU "hazards) are deleted. 5. The limits of liability under this endorsement for the additional insured named in paragraph I of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability $ each occurrence Property Damage Liability $ each occurrence (X) Single Limit Bodily Injury Liability $ 1,000;000 each occurrence and Property Damage Liability Combined The applicable limit of the Insurance Company's liability for the insurance afforded for contractual liability shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insureds. The limits of liability as stated in this endorsement shall not increase the total liability of the Insurance Company for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to Comprehen- sive General Liability Insurance. 6. Should the policy be cancelled or coverage reduced before the expiration date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department 7. Designated Contract: WATER MAIN REPLACEMENT PROGRAM- CONTRACT #2364 Project Titie and Contract No. This endorsement is effective 5 -26 -83 at 12:01 A.M. and forms a part of Policy No. CCP2O8942 Named Insured FORSTER CONSTRUCTION Name of Insurance Company HOME Endorsement No. 2 By Authorized Representative • • Page 16 CONTRACT THIS AGREEMENT, entered into this day of , 19 f-3, by and between the CITY OF NEWPORT BEACH, hereinafter "Ci ," and , hereinafter "Contractor, "is made with reference to the following facts: (a) City has heretofore advertised for bids for the following described public work: Water Main lacement Title of ram C -2364 Contract No. (b) Contractor has been determined by City to be the lowest responsi- ble bidder on said public work, and Contractor's bid, and the compensation set forth in this contract, is based upon a careful examination of all plans and specifications by Contractor, NOW, THEREFORE, the parties hereto agree as follows: 1. Contractor shall furnish all materials and perform all of the work for the construction of the following described public work: Water Main Replacement Title of ram C -2364 Contract No. which project is more fully described in the contract documents. Contractor shall perform and complete this work in a.good and workmanlike manner, and in accordance with all of the contract documents. 2. As full compensation for the performance and completion of this work as prescribed above, City shall pay to Contractor the sum of One Hundred Six Thousand Eight Hundred Dollars and No Cents ($106.800.00 )• 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 obstruc- tions 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. 3. All of the respective rights and obligations of City and Contractor are set forth in the contract documents. The contract documents are incorporated herein by reference as though set out in full and include the following: (a) Notice Inviting Bids (b) Instruction to Bidders and documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and endorsement(s) 0 • Page 17 (f) Plans and Special Provisions for Water Main Replacement Program C -2364 Title of Project Contract No. (g) This Contract. 4. Contractor shall assume the defense of, and indemnify and hold harmless, City and its officers, employees and representatives from all claims, loss or damage, except such loss or damage proximiately caused by the sole negligence of City or its officers, employees and representatives. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. CITY OF NEWPORT BEACH ATTEST: APPROVED AS TO ob ', rney Contractor Its By Its CITY CONTRACTOR CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX TO SPECIAL PROVISIONS FOR WATER MAIN REPLACEMENT PROGRAM CONTRACT NO. 2364 1982 -83 SECTION PAGE I. SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . . . . 1 II. COMPLETION, SCHEDULE AND PROSECUTION OF WORK . . . . . . . . . . . . . . . . . . . . . . . . I III. PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . 2 IV. "NO PARKING" SIGNS, ACCESS AND NOTICES TO RESIDENTS . . . . . . . . . . . . . . . . . . 2 A. "No Parking" Signs . . . . . . . . . . . . . . . . . . 2 B. Access . . . . . . . . . . . . . . . . . . . . . . . . 3 C. Notice to Residents . . . . . . . . . . . . . . . . . . 3 V. WATER SERVICES . . . . . . . . . . . . . . . . . . . . . . 3 VI. WATER AND TEMPORARY BYPASS WATER SYSTEM. . . . . . . . . . 3 VII. CONSTRUCTION SURVEY . . . . . . . . . . . . . . . . . . . . 3 VIII. CONSTRUCTION DETAILS . . . . . . . . . . . . . . . . . . . 3 A. Materials . . . . . . . . . . . . . . . . . . . . . . 3 B. Water Main Abandonment . . . . . . . . . . . . . . . . 4 C. Water Meter Boxes . . . . . . . . . . . . . . . . . . . 5 D. Temporary Resurfacing . . . . . . . . . . . . . . . . . 5 . • SP of CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR WATER MAIN REPLACEMENT PROGRAM 1982 -83 CONTRACT NO. 2364 I. SCOPE OF WORK The work to be done under this contract consists of constructing in place approximately 3,500 linear feet of 16 -inch, 8 -inch and 6 -inch diameter water mains, fire hydrant assembly, water valves, water services, and other inciden- tal items of work as shown on the plans. The contract requires the completion of all the work in accordance with these Special Provisions, the Plans (Drawing No. W- 5154 -S), the City's Standard Special Provisions and Standard Drawin s for Public Works Construction, 1982 Edition, and the Standard pecifications for Public Works Construction, 1982 Edition, including supplements to date. Copies of the Standard Specifications may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, telephone (213) 870 -9871. A copy of the Standard Special Provisions and Standard Drawings may be purchased at the Engineer's office for $5. II. COMPLETION. SCHEDULE AND PROSECUTION OF WORK All work under this contract shall be completed by August 15, 1983, or within seventy -five (75) consecutive calendar days after the start of work, whichever comes first. All work on Via Lido shall be completed prior to June 15, 1983. A complete schedule showing the Contractor's proposed plan of construction shall be submitted in writing for the Engineer's approval at the preconstruction meet- ing or one (1) week prior to the start of work. If, during the construction period, modifications of plan or schedule are required, each modification shall be approved by the Engineer prior to altering the previously approved schedule. The Contractor's schedule shall consider the phasing of water main construction, testing, disinfection, and connection to the existing system. The Contractor shall use the following guidelines in establishing this schedule: 1. No connections to existing water mains will be permitted until the new main has satisfactorily passed the hydrostatic test and has been disinfected. 2. Hydrostatic pressure testing will be permitted against new valves. Any temporary bulkheads for thrust resistance will be the responsi- bility of the Contractor. 0 9 Sp2of5 3. Cutting -in of new water mains shall be done at times resulting in the least disruption to water service. Shutdowns of up to four hours during the day will be permitted and will not require bypass. Opera- tions requiring a long shutdown period will require a temporary bypass. The Contractor shall notify the City's Utilities Superintendent, Mr. Gil Gomez, (714) 640 -2221, at least 48 hours in advance of the need to shut down or connect to any existing water mains. No shutdown will be allowed on Fridays, Saturdays, Sundays, or holidays. It will be the Contractor's responsibility to ensure the availability of all materials prior to the start of work. Unavailability of materials will not be sufficient reason to grant the Contractor an extension of time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the construction in an orderly, pre - planned, continuous fashion so as to minimize inconvenience to residents. III. PAYMENT The unit or lump sum price bid for each item of work shown on the proposal shall be considered as full compensation for all labor, equipment, materials, and all other things necessary to complete the work in place, and no additional allowance will be made therefor. Payment for incidental items of work not separately provided for in the proposal shall be included in the unit or lump sum price bid for each item of work. The cost of maintaining water service to residents during construction shall be included in the unit price bid for installing the water main. The substitution of securities for any payment withheld in accordance with Section 9 -3.2 of the Standard Specifications is permitted pursuant to Government Code Sections 4590 and 14402.5. IV. "NO PARKING" SIGNS, ACCESS AND NOTICES TO RESIDENTS A. "No Parking" Signs The Contractor shall furnish, install, and maintain in place "NO PARKING" signs (even if streets have posted "NO PARKING" signs) which he shall post at least 40 hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Depart- ment, Traffic Division, at (714) 644 -3742, for verification of posting at least 40 hours in aevan.ce of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12 inches wide and 18 inches high; and (3) be similar in design and color to sign number R -38 on the CalTrans' Uniform Sign Chart. The Contractor shall print the hours, day and date of closure in 2 -inch- high letters and numbers. A sample of the completed sign shall be approved by the Engineer prior to posting. 0 B. Access SP 3 of 5 Vehicular and pedestrian access shall be maintained at all times to resi- dences adjacent to the project area; however, where conditions preclude such access for reasonable periods of time (as determined by the Engineer), access shall be restored at the end of each work day. C. Notice to Residents Forty -eight (48) hours before restricting vehicular access to garages or parking spaces, the Contractor shall distribute to each affected address a written notice stating when construction operations will start and approxi- mately when vehicular accessibility will be restored. Twenty -four (24) hours before shutting off water service to any residence, the Contractor shall distribute a separate written notice stating the date and time the water will be shut off and approximate time the water will be turned back on. The written notices will be prepared by the Engineer. The Contractor shall insert the applicable dates at the time he distributes the notice. Errors in distribution, false starts, acts of God, strikes or other altera- tions of the schedule will require Contractor renotification using an explanatory letter furnished by the Engineer. V. WATER SERVICE Water service shall be maintained at all times to residences except as permitted in Section II. The Contractor's methods of providing such continuous service shall be approved by the Engineer prior to construction. VI. WATER AND TEMPORARY BYPASS WATER SYSTEM The Contractor may obtain, at no cost, City water and temporary bypass water system for use on this project. The Contractor shall make arrangements to obtain such items from Mr. Gil Gomez, Utilities Superintendent, at (714) 640- 2221. The Contractor shall be responsible for transport to and from the job - site and for application at the jobsite. VII. CONSTRUCTION SURVEY Field survey for the control of construction shall be provided by the Engineer. VIII. CONSTRUCTION DETAILS A. Materials The Contractor shall use either ductile iron or asbestos cement pipe mater- ials based on the alternative that is awarded and shall use the material specified in the alternative exclusively for each item of work, except as required by Section 207 -7 of the Standard Specifications. 1. Ductile Iron Pipe (D.I.P.) a. Pipe and Fittings Water pipe and fittings shall be ductile Iron Class 50. Pipe 0 . SP4of5 joints shall be rubber gasket push -on joint such as Tyton Joints manufactured by United States Pipe and Foundry Company. b. Encasement Ductile iron pipe shall be encased in minimum 8 -mil. polyethylene. c. D.I.P. Installation D.I.P. laying shall be performed in accordance with the recommenda- tions of the manufacturer and as described in the most recent publi- cation of AWWA C600 Installation Guide. Care shall be used to prevent damage in handling, moving, and placing the pipe. It shall not be dropped, dragged, nor handled in such a manner as to cause scratches, bruises, cracks, or chips. 2. Asbestos Cement Pressure Pipe (A.C.P.) a. Pipe and Fittings Water pipe and fittings shall conform to Section 207 -7 of the Standard Specifications. b. A.C.P. Installation A.C.P. laying shall be performed in accordance with the recom- mendations of the manufacturer as described in the most recent publication of "Installation Guide, Transite Ring -Tite Pressure Pipe" published by Johns - Manville Corporation. Care shall be used to prevent damage in handling, moving, and placing the pipe. It shall not be dropped, dragged, nor handled in such a manner as to cause scratches, bruises, cracks, or chips. Power driven saws with abrasive discs shall not be used for dry cut- ting or beveling asbestos cement pipe. Asbestos cement chips and cuttings from the field operations shall be disposed of in a manner that will not contribute airborne asbestos dust to the atmosphere. Loose material shall never be dry swept. Water or other dust sup- pressants shall be applied in those circumstances where sweeping is unavoidable. B. Water Main Abandonment Water main abandonment shall include the following: Removal and disposal of existing water valve frames and covers, P.C.C. box or metal riser type. 2. Abandoned pipe openings shall be plugged with 4 inches minimum Class E mortar. 3. All water valves to be abandoned shall be left with the valve set in the open position. • SP5of5 C. water Meter Boxes The Contractor shall use existing concrete meter boxes. The City shall supply meter boxes to replace those boxes broken prior to construction. Any boxes broken during the course of construction shall be replaced by the Contractor at his expense. D. Temporary Resurfacing Paragraph 4, Section 306 -1.5.1 "Temporary Resurfacing" of the Standard Speci- fications shall be deleted and the following added: The cost of furnishing, placing, maintaining, removing and disposing of any temporary resurfacing shall be included in the unit costs to install the water main with trench resurfacing. All temporary resurfacing shall be 2" in thickness. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL WATER MAIN REPLACEMENT PROGRAM 1982 -83 CONTRACT NO. 2364 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P. 0. Box 1768 Newport Beach, CA 92663 -3884 Gentlemen: PR la The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete this Contract 2364 in accordance with the Plans and Special Provisions, and will take in full payment therefor the following unit price for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Abandon existing /water mains and valves Dollars and Cents $ 900, n 0 Lump Sum 2. 2 Remove existing and replace with Each new fire hydrant assembly L�NF / @ %(pus %ree / Dollars A) 0 and Cents $ 1300.00 $ .Z('Oaoo Each 3. 9 Install 6" butterfly valve Each ,/ @_Yt�en Ufa „�� uenly fj�� a Dollars and A0 Cents $ 3AS.00 $ z9L•So<)- Each 4. 1 Install 8” butterfly valve Each @_ tew ,�..,Rs.� -�n,,Zu�e., Dol tars /© and Cents $ $ Each • • PR lb ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 5. 1 Install 1" service from meter to service station Each �I @ it . Dollars and Cents $ 9301 6 0 $ 936,66 Each 6. 1 Install 12" butterfly valve Each @ Dollars and Cents $ /zee o« Each 7. 2 Install 12" X 8" tapping sleeve and Each valve @ Dollars and t% Cents $ 29So• b Each B. 30 Reconnect existing 3/4" and 1" service Each @ %o 4,1011 - J tgA"�4 Dollars and Cents $ Lzc), 6 Eac 9. 1 Install 2" service to join existing Each @ m e '/fie se —Q ,ti °� Dollars and All Cents $ dac?. o $ /9O0 a) Each 10. 1 Connect existing fire hydrant to new Each water main including a new valve @ oLk Dollars and Cents $ 6o Each Each 11. 1 Install 18" X 16" tapping sleeve and Each valve n @ ./ao Dollars and If/0 Cents $ $ 6.2cr..�r> Each ITEM DESCRIPTION UNIT NIT PRICE WRITTEN IN WORDS PRICE PR lc TOTAL PRICE i 12. 1 Install air and vacuum release valve Each / @ �i(Q %�s,f..,,Q Sid Ffu����,ITDollars and �C1 Cents $ 16 t-0. 0U $ 169,0 oy Each TOTAL PRICE WRITTEN IN WORDS (SUBTOTAL ITEMS 1 -12) locus —k F,g "�j' Dollars (%p Cents ALTERNATIVE "A" (A.C. Pipe) I - 12 N/A Subtotal Items 1 -12 @7h,rk, uuo Il s sf F, NuP71, " Dollars and (J� Cents $ 3 Oc " 13A 11950 Install 6" A.C.P. water Main with trench Linear resurfacing (alternative "A ") Feet n @ jlit Dollars and and ill0 $ $ 3'76s0. Per Linear Foot 14A 1,050 Install 8" A.C.P. Water main with trench Linear resurfacing (Alternative "A ") Feet @ j TJ o Dollars and �)E? Cents $ Z -2. 00 $ Z3 KC.c -)0 - Per Linear Foot 15A 360 Install 16" A.C.P. water main with trench Linear resurfacing (Alternative "A ") Feet @ c Dollars �— ✓JJ and Cents $ Y2-Co $ /,5 1 zo, EC " Per Linear Foot TOTAL PRICE WRITTEN IN WORDS (ALTERNATIVE "A ") . . A _ /�, A- n . i n Dollars and Cents $ 1610 200. 60 - 0 ALTERNATIVE "B" (Ductile Iron Pipe) 1 -12 N/A Subtotal Items 1 -12 E PR Id IN WORDS PRICE PRICE .Dollars and 0 Cents 13 B 1,950 Install 6" ductile iron pipe water main Linear with trench resurfacing (Alternative "B ") Feet @ Dollars and 2 Cents $ zY 3y Per Liner Foot 14 B 1,050 Linear Feet Install 8" ductile iron pipe water main with trench resurfacing (Alternative "B ") $—D 530. 00 $ y7Y (-3 c0 ' i Dollars and Cents $ 7_7. -5-0 $ 17875. 00 Per Lin (Ur Foot 15 B 360 Install 16" ductile iron pipe water main Linear with trench resurfacing (Alternative "B ") Feet I @ F, rc, T Dollars and ,00 Cents $ Yig O a Per Linear Foot TOTAL PRICE WRITTEN IN WORDS (ALTERNATIVE "B ") ()VLQ f lu-- hcl.".,V Dollar s and Cents ............................. yes //7 - Contractor's Lic. No. & Classification V— � —e-5 Date P3 V2- Bidder's Telephone No. $ /7zb'0,00 $_I -2 c%8. 6 Authorized Sign ture /Ti e idder'T HaaresS • INSTRUCTIONS TO BIDDERS . Page 2 The attached bid documents shall be completed, executed and received by the City Clerk in accordance with the NOTICE INVITING BIDS: Page 1 PROPOSAL 2 INSTRUCTIONS TO BIDDERS 3 DESIGNATION OF SUBCONTRACTOR(S) " 4 BIDDER'S BOND (sum not less than 10% of total bid price for contract, based on Alternative "A" or "B ", whichever is larger.) " 5 NON - COLLUSION AFFIDAVIT 6 STATEMENT OF FINANCIAL RESPONSIBILITY 7 TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's check (sum not less that 10% of the total bid price for contract, based on Alternative "A" or "B ", whichever is larger) 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 bid. Bids shall not be received from bidders who are not licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The low bidder shall also possess a City of Newport Beach business license prior to exe- cution of contract. Bids are to be computed upon the 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 or omissions in the PROPOSAL Quantities indicated in the PROPOSAL are approximate and given solely to allow the comparison of total bid prices. Contract documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of the President or Vice President. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. In accordance with the California Labor Code (Sections 1770 et seq.), the Di- rector of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code re- lating to prevailing wage rates (Sections 1770 -7981 inclusive). The Contractor shall be responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. The City of Newport Beach reserves the right to award contract Alternative "A" or "B" Contractor's Lic. No. & Classification k.3 Da to Bidder Autlforized Signatdre /Titl Ll • Page 3 DESIGNATION Of SUBCONTRACTOR(S) The undersigned certifies that he has used bid(s) of the following listed subcontractor(s) in making up his bid,and that the subcontractor(s) listed will be used for the work for which they bid, subject to the approval of the Engineer and in accordance with the applicable provisions of the Specifications. No change of subcontractor may be made except with the prior approval of the Engineer.and as provided by State law. Item of Work Subcontractor Address 1. tz 2. 3. 4. 5. 6. 7 8. 9. 10, 11. 12. �c re54- /2 (:�'si Bidder Authorized Signature/Title BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, "3hc Arcmiom P.h_r;oci f"r f'?,d J'A in +h C} Sk n, "nt OF'l nn ih•o O. i:hl 0c A—' Page 4 That we, Forster Construction. 5439 East Cerritos. Orange. CA , as bidder, 92667 and Fidelity and Deposit Company of Maryland , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten Percent (10 %) of the Total Amount of the Bid Dollars ($--- 10$ - -- ), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of watermain replacement program various locations C'C' 2364 Title of Pro,7ect Contract No. in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) from the date of the mailing of a notice to the above bounden bidder by and from said City that said contract is ready for execution, then this obligation shall become null and void; otherwise it is and shall remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event that any bidder above named executed this bond as an indi- vidual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 29 day of April 19 83 Forster Construction Bidder (Attach acknowledgement of Attorney -in -Fact) Authorized Signature /Title Notary Public Fidelity and Deposit Company of Maryland Commission expires Surety By ' uougfas ri. auas n Title Attorney -in -Fact 4 � j ri v ••11�� lm 1 ro G tY r Y� Q DIN aYrt10 tr0 �j G O 0 0 7 J (Z I M M 11 ] N M O fT 0 M u b 0 0 '3 N Y D rt N C :5 �r 0 M N D H£ K r w It (D (D x 7 t d N O£ t :j o w D I (D O N 3 >r K H C (D N b f li rt r 0 N P- I n w .HC O 0 rt ±3v� z0'a r�D vm r r -n n a b N• N M N (D 7 Mm o v t r Y HO O K N H Y. � a tY M 10 C o(D 141 > 3a o (D zn ro w dw act n tr z rt m (D K 0 ` CL rt (D O 7 Y rt rt ^i Y tY 7 0 (D N a 0 0 3 N h rt a (D \o Crtoaq (D 9 tt '-n r (0 0 w N O d 9 N N M (D w N tj ct G rt P. N m a 0 ft N w G N K O rt N M (Do 0 o w w O �j 'G K a � �-r m Y• O Y N � faD N 7 7 O (D I 1 f0 li N O rt C N G (t K � O ro M o � N W M � O N W r w m N I I NON- COLLUSION AFFIDAVIT • Page 5 The bidder, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths, say that neither they nor any of them have, in any way, directly or indirectly, entered into any arrange- ment or agreement with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever; or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the bidder from con- sidering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be sug- gested, offered, paid or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomso- ever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Bidder � Y C Authorized S Sign ture /Title Subscribed and sworn to before me this _2_9 day of 1} it 19 -. My commission expires: No ry Public H. EbSON �a ND iU '-!C C -I r JBN IA r <. My col: Page 6 STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a statement of his financial responsibility or agrees to submit a statement within 1 work day after the bid opening if the undersigned is the apparent low bidder. Bidder i Authorized Signature/Title . 0 Page 7 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No. Bidder Authorized Signature /TitYe C, (4,-i-k Cla e i u� ��� . ���,v ✓ `r AJ-(rt - ii v, L�s _ 3 _ 3 F c 0 Bidder Authorized Signature /TitYe May 23, 1983 CITY COUNCIL AGENDA ITEM N0. -4- 2, TO: CITY COUNCIL BY THE CITY COUNCIL CITY OF NEWPORT BEACH FROM: Public Works Department SUBJECT: WATER MAIN REPLACEMENT PROGRAM, 1982 -83 (C -2364) MAY 2 3 1983 RECOMMENDATION: Award Contract No. 2364 (Alternative A) to Forster Construction of Orange, for $106,800 and authorize the Mayor and the City Clerk to execute the contract. DISCUSSION: At 11:00 A.M. on April 29, 1983, the City Clerk opened and read the following bids for this project: * * * Alternative A * * * (Asbestos Cement Pipe Materials) The low bid is 25 °% below the Engineer's estimate of $133,000. The disparity between estimated and bid amounts is attributed to an intense com- petition among pipeline contractors caused by scarcity of such work. Bidder Amount Low Forster Construction $106,800.00 2 P & J Utility Co. $119,250.00 3 John T. Malloy, Inc. $130,410.00 4 G. R. McKervey, Inc. $132,340.00 5 George Dakovich & Son, Inc. $134,400.00 6 Tennyson Pipeline Co. $135,850.00 7 Gallacher Co., Inc. $160,060.00 8 Doty Bros. Equipment Co. $172,575.00 * * * Alternative B * * * (Ductile Iron Pipe Materials) Low Forster Construction $125,148.00 2 P & J Utility Co. $126,690.00 3 G. R. McKervey, Inc. $142,945.00 4 John T. Malloy, Inc. $145,650.00 5 Tennyson Pipeline Co. $147,010.00 6 George Dakovich & Son, Inc. $150,150.00 7 Gallacher Co., Inc. $161,740.00 8 Doty Bros. Equipment Co. $183,772.50 The low bid is 25 °% below the Engineer's estimate of $133,000. The disparity between estimated and bid amounts is attributed to an intense com- petition among pipeline contractors caused by scarcity of such work. 0 E May 23, 1983 Subject: Water Main Replacement Program, 1982 -83 (C -2364) Page 2 The low bidder, Forster Construction, is a well - qualified general contractor who has successfully completed previous contracts for the City. The project provides for the replacement of approximately 3,500 lin- eal feet of deteriorated water mains and water service lines in Corona del Mar, Newport Heights, and on the Via Lido bridge approaches (see attached exhibit for locations). The replacement will be with asbestos - cement (AC) pipe mater- ials. Based upon the results of tests made upon water samples in the City's system, AC pipe materials do not impart a measurable quantity of asbestos fiber into the system. Nor is staff aware of documentation which indicates the release of AC pipe fiber into water systems. See attached study session agenda item "Asbestos Fiber Test Results" dated May 23, 1983 for detailed test information. The replacement water mains will improve domestic water service and provide increased pressure and reliability for fire protection. The water main replacement is part of the continuing program to replace existing deteriorated water mains in the City. Adequate funds are available for award in the Water Main Replacement Program, Budget No. 50- 9282 -001. The plans and specifications were prepared by the Public Works Department. The estimated date of completion is August 15, 1983. JIr"U J, kjo-$� Benjamin B. Nolan Public Works Director SL:jd Att. 3 �"�i %JT Ov n I or 'o, k Y wont+ � ro BDp o.— TURNING LIDO NEkv r \ \. AWN CLUB roProP.+rP �11 C�4NNF( pFNi L/00 ' NyvC4 I CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1982-83 WATER MAIN REPLACEMENT PROGRAM C -2364 �� /dDJOD Yi6N 1 PLCwGrt+TLPY new ` —f IL 152j & 5 C�� s�C 40 C5 E2 PROJECT LOCATIONS VICINITY MAP SCALE 111= 16001 DRAWN-fl-G. DATE 3 -7 APPROVED DRAWING NO. EXHIBIT "A" j II i TO: CITY COUNCIL FROM: Utilities Department SUBJECT: ASBESTOS FIBER TEST RESULTS DISCUSSION: • May 23, 1983 STUDY SESSION AGENDA ITEM NO. On September 27, 1983 the City Council approved a budget amendment in the amount of $4,200 for a series of water samples to be taken from the City water system and analyzed for asbestos fibers. On September 29, 1982 six samples were taken. A seventh sample was taken on October 7, 1982. The results of these tests were reported to the City Council on November 22, 1982. No increase in asbestos fibers due to the use of asbestos cement (A /C) pipe was detected. On March 29, 1983, six months later, seven samples were taken using the same sampling sites. Exhibit "A" shows a summary of the test sites and the results of both series of tests. Exhibit "B" includes seven location maps of the testing sites used. The sites selected followed the criteria recommended by Or. Calvin McLaughlin. Exhibit "C" summarizes the method of asbestos analysis and the precision of analysis. Metropolitan Water District (MWD) water coming from the Colorado River generally is low in asbestos fibers while filtered water coming from Northern California is often in the 1 to 2 million fibers per liter (MFL) range. All test results were well within the ranges found in MWD water coming from Northern California, and no increase in asbestos fibers due to the use of A/C pipe was demonstrated. Based on the number of tests taken and the testing methods used, there does not appear to be a measurable relationship between the use of A/C pipe and the number of asbestos fibers in the water. For this reason it is recommended that A/C pipe be included in the specifications for the construction of public works in the City of Newport Beach. A copy of this report has been sent to Dr. McLaughlin. seph Devlin ilitie Director S STD:bc 7 Attachments 5 L • EXHIBIT "A" N r O z w Y a W J a a Q O O ° O p p O Z w 2c o o o v o 0 0 0 am W N N J \ W d CL M M C2 O O 0 O O O p O 0 O p i I O 0 O O O O W 0 O YOD O O W \ v v a� d m— g LL J r O v < LO N O O _ o z z z c a 0 c _a o ° cc o. rn U U .n. w c rn_ Q NU U m Q m O c o,Q GO m CL K > d •-c I Q �E 3 M 3 i. do 3 0 v U pop ow o �0 3(r od U.E oo z p= a P, o c co Q U O C C > Q w N 0 z U) z p CO m O > 0 O w O C M V c m c _ >, o c o � 02 2S 0 3 J Ill O — N a J C° G> Z o Li o p a° LO pO Np NN a.V .sIr wm am coo nz i MN i d-� LLJ a � — N M cr LO fU N Q N EXHIBIT "A" N r O z w Y a W J a a • THE NEW PORT ENSIGN. imiaa� PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, .s County of Orange, I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of the Newport Harbor Ensign newspaper of general circula- tion, printed and published weekly in the city of Newport Beach, County of Orange, and which news- paper has been adjudged a newspaper of general circulation by the Superior Court of the County of Or- ange, State of California, under the date of May 14, 1951, CASE NUMBER A -20178 that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil) has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates to -wit: I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Newport Beach, California, this r3 day of 1pn- 1910 Signature I (CIacGQ� 070( THE NEWPORT ENSIGN This space is for the County Clerk's Filing Stamp Proof of Publication of A Paste Clipping of Notice SECURELY In This Space NOTICE INVITING BIDS Sealed bide mar be received at the office of the City Clark, 3300 Newport Boulevard, Newport Beach, Ca 92663 anti 11:00 A.M. on the 29th day of April, 1993, at which time such hide shall be opend and read for WATER MAIN REPLACEMENT PROGRAM Title of Project 2364 Contract No. Engineer. Estimate Abernatiw "N' $133,000 Eugun e's FAtimate Alternative "B ", $150,000 Approved by the City Council tbb I Ith day of April, 1963 WANDA E. ANDERSEN City Clerk Prapective hidden may obtain one set of bid document, at no cat at the office of the Public Warlu Department, 3300 Newport Boulevard, Newport Beach, CA 92663. For further information, call Stephen Luy, Project Enone r at 640 -2291. 4/13 NE1700 PROOF OF PUBLICATION 9 April 11, 1983 CITY COUNCIL AGENDA ITEM NO. -4 ' TO: CITY COUNCIL FROM: Public Works Department SUBJECT: WATER MAIN REPLACEMENT PROGRAM 1982- 83,,(q.7, ?354 4 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Authorize the City Clerk to advertise Jor bids to be opened at 11:00 A.M. on April 29, 19$3. DISCUSSION: The project provides for the replacement of approximately 3,500 lineal feet of deteriorated water mains and water service lines in Corona del Mar, Newport Heights, and on the Via Lido bridge approaches (see attached exhibit for locations). The replacement water mains will improve domestic water service and provide increased pressure and reliability for fire protection. The water main replacement is part of the continuing program to replace existing deter- iorated water mains in the City. The Engineer's estimate for the work is $150,000 if ductile iron pipe materials are required and $133,000 if asbestos cement pipe materials are permitted. Adequate funds are available in the Water Main Replacement Program to award either alternative. The plans and specifications were prepared by the Public Works Department. The estimated date of completion is August 15, 1983. Benjamin B. Nolan Public Works Director SL:rb Att. ve a Li L \ 5 /rows NEWQoRT TOWN ' m\ CENTER Cg 87' },y:✓ i��_" BASIN <,yo r ., yr TURNING LI po t gop 0'a 97Avq�%e 2caeap 7r3r,L, CITY OF NEWPORT 1982-83 WATER MAIN REPLACEMENT PROGRAM C -2364 Cb.f/C1Af( l AZA I Xdp/O.VA4Y STI.CU 'L J�� L AME�C�( �- w� CCC�I �0, ES PROJECT LOCATIONS VICINITY MAP SCALE I °= 1600' DRAWN--R-G, DATE 3 -24 -83 APPROVED f. -�- DRAWING NO. EXHIBIT "AI'